HomeMy WebLinkAbout01 ZA REPORT 138 W MAIN ST IMPROV DocuSign Envelope ID:20F773C5-2327-4209-AF1C-864A9CC70372
- AGENDA REPORT ITEM # 1
MEETING DATE: APRIL 29, 2021
TO: ZONING ADMINISTRATOR
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: CONDITIONAL USE PERMIT 2021-0005
APPLICANT: PROPERTY OWNER:
DEVIN DUGAN JONATHAN M. POVEY
IMPROVCITY ON BEHALF OF CELEST POVEY
560 EL CAMINO REAL P.O. BOX 985
TUSTIN, CA 92780 VERDI, NV 89439
LOCATION: 138 WEST MAIN STREET
GENERAL PLAN: DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN (DCCSP)
ZONING: SPECIFIC PLAN 12, DOWNTOWN COMMERCIAL CORE SPECIFIC
PLAN (DCCSP, DEVELOPMENT AREA 4 (DA-4), CULTURAL
RESOURCE (CR) DISTRICT, AND COMBINING PARKING (P)
DISTRICT
ENVIRONMENTAL
STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1)
PURSUANT TO SECTION 15301 OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.
REQUEST: TO AUTHORIZE ACCESSORY LIVE ENTERTAINMENT
PERFORMED BY STUDENTS AND INSTRUCTORS OF THE
INSTRUCTIONAL STUDIO FACILITY.
RECOMMENDATION
That the Zoning Administrator adopt Zoning Administrator Action (ZAA) No. 21-002
approving Conditional Use Permit (CUP) 2021-0005 to establish accessory live
entertainment performed by students and instructors of an instructional studio facility located
at 138 W. Main Street.
DocuSign Envelope ID:20F773C5-2327-4209-AF1C-864A9CC70372
Zoning Administrator
April 29, 2021
CUP 2021-0005
Page 2
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Figure 1: 138 W. Main Street
APPROVAL AUTHORITY
The project site is within Development Area 4 (Old Town) of SP-12 (DCCSP). Pursuant
to DCCSP Table 3.1 , Commercial Permitted Use Table, the instructional studio
(improvisation workshops) use is permitted by right. Pursuant to the DCCSP and Tustin
City Code (TCC) Section 9270a, a CUP is required for entertainment venues and the
presentation of live entertainment. Pursuant to TCC Section 9299b(3)(f), the Zoning
Administrator has the authority to review and approve CUPs for existing development
where there would be no change of primary use, there would be no expansion of floor
area, and the request would not alter the original intent of the project or site.
BACKGROUND
Location and Surrounding Properties
The project site is located in Old Town Tustin, within an existing 2,450 square-foot tenant
space previously occupied by Brushstrokes, an art instructional studio business. The tenant
space is surrounded by a retail store and restaurant to the west, an office use and vacant
lot to the north, a music store/instruction business and vacant lot to the east, and the City
parking structure to the south. The project site is part of three (3) buildings that were
constructed in 1914. The building is an example of Neo-Classical Revival in Tustin, and
is associated with early Tustin residents. No changes are proposed to the exterior of the
historic building.
DocuSign Envelope ID:20F773C5-2327-4209-AF1C-864A9CC70372
Zoning Administrator
April 29, 2021
CUP 2021-0005
Page 3
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PROJECT DESCRIPTION
The applicant is proposing to establish a live entertainment accessory use, with family
friendly comedy show performances incidental to an instructional studio. The instructional
studio, which is a use permitted by right, provides workshop classes that teach the skills
necessary to perform the improvisational (comedy show) performances. The live
entertainment would include performances of music, drama or verse performed by the
workshop students. The applicant is the sole instructor and will limit the workshops to a
total of sixteen (16) students. The applicant plans on programming the improvisation
workshops to allow up to a maximum of seven (7) students as the improvisation comedy
show entertainers for any one (1) showcase.
Approximately 900 square feet of the tenant space would be devoted to the seating area
for the workshops and performances, and the remainder 1 ,550 square feet would be used
for the stage during performances. When the stage not in use, the space would include
storage, office use and restrooms. The applicant does not propose to serve alcoholic
beverages or food services at the workshops or live entertainment/comedy show
performances.
DocuSign Envelope ID:20F773C5-2327-4209-AF1C-864A9CC70372
Zoning Administrator
April 29, 2021
CUP 2021-0005
Page 4
21' Stage
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Figure 2: Floor Plan
ANALYSIS
Live Entertainment
Businesses requesting approval to present live entertainment are required to first receive
approval of a CUP for live entertainment and approval of a Live Entertainment Permit
(LEP) (TCC Sections 9270a(e) and 3231). Approval of a CUP for the presentation of live
entertainment would authorize the applicant to obtain a LEP issued through the Finance
Department. The LEP is non-transferable, and any modifications to the proposed LEP
would require approval of the Community Development Director.
Pursuant to Section 3236 of the TCC, the stage or entertainment area shall not be open
to view from outside the premises, thus the live entertainment shall be conducted entirely
within the building. Since the building frontage consists of large windows, the applicant
would be required to install an opaque covering over the window during live performances
pursuant to Condition of Approval No. 2.7. The applicant proposes to install a black
curtain over the windows facing Main Street during performances so that the
performances would not be visible to the public from the sidewalk. There are no residential
uses adjacent to or in the immediate vicinity of the proposed use and therefore the use
would not impact residents in the Old Town Tustin area.
Proposed Condition of Approval No. 2.6 prohibits live entertainment to exceed noise
standards set forth in the City's Noise Ordinance. Further, the Tustin Police Department
(TPD) has not identified any concerns regarding the proposed use or hours of operation.
The proposed evening hours are similar to other uses such as restaurants in the Old
Town area and all activities would be contained within the building.
DocuSign Envelope ID:20F773C5-2327-4209-AF1C-864A9CC70372
Zoning Administrator
April 29, 2021
CUP 2021-0005
Page 5
Hours of Operation
When the business is fully established, the applicant proposes the following workshop
and live entertainment hours. The showcase time block includes forty-five (45) minutes
between the completion of the first showcase and the start of a second showcase:
Day Business/Instructional Live Entertainment Hours
Hours Two Showcases
Back to Back
Sunday 11:00 AM —8:30 PM 7:30 PM — 11:00 PM
Monday 11:00 AM-10:00 PM 7:30 PM — 11:00 PM
Tuesday 11:00 AM-10:00 PM 7:30 PM — 11:00 PM
Wednesday 11:00 AM-10:00 PM 7:30 PM — 11:00 PM
Thursday 11:00 AM-10:00 PM 7:30 PM — 11:00 PM
Friday 11:00 AM-10:00 PM 7:30 PM — 11:00 PM
Saturday 11:00 AM-8:00 PM 7:30 PM — 11:00 PM
Parking
The proposed business model includes an instructional studio and ancillary live
performances by students of the facility on a regular basis. The site is legal-
nonconforming with respect to parking and does not provide the minimum number of
required parking spaces for a retail use. There is limited parking area behind the building.
Per TCC 9273, non-conforming uses may continue when not enlarged or expanded. The
proposed business establishment is not being enlarged or expanded. Staff has analyzed
the proposal and applied the relevant TCC sections in order to arrive at a recommendation
for the maximum number of patrons allowed during live entertainment performances and
instructional studio improvisation workshops.
TCC would require a retail space of 2,450 square feet to provide a minimum of one (1)
parking space per 250 square feet, resulting in a parking requirement of a minimum of
ten (10) parking spaces. For instructional studios, the TCC requires one parking space
for every three students plus one space for the instructor. An instructional studio having
ten (10) parking spaces would accommodate up to three (3) students per space plus one
for an instructor, allowing a total of twenty-seven (27) students and one instructor during
the instructional improvisation workshops. During live performances, the number total
attendees is considered when analyzing parking, therefore with ten (10) parking spaces,
up to thirty (30) persons can be accommodated.
Therefore, Condition of Approval No. 2.16 limits the number of total persons during live
entertainment showcases to thirty (30) persons and limits the number of students during
workshops to 27 with one (1) instructor present. The applicant's request indicates that
that up to sixteen (16) students and one (1) instructor would be present at the site during
improvisation workshops and the business would be required to adhere to Condition of
Approval No. 2.16 during live entertainment performances.
DocuSign Envelope ID:20F773C5-2327-4209-AF1C-864A9CC70372
Zoning Administrator
April 29, 2021
CUP 2021-0005
Page 6
Conformance with the Tustin General Plan
The proposed live entertainment use is compatible with Land Use Element Goal 10 of the
City's General Plan which states, "[i]mprove and strengthen the Tustin Old Town/First
Street area with a unique pedestrian environment and diverse mix of goods, services, and
uses." The proposed use would add a live entertainment use in Old Town Tustin and, in
conjunction with an instructional studio, will provide a unique entertainment experience and
potentially become a sought-after destination in the community. The applicant has provided
multiple letters of recommendation from reputable nonprofits, school districts, and colleges
attesting to the applicant's workshops prior to closing the business due to the 2020-2021
pandemic (Attachment D).
FINDINGS
In determining whether to approve the CUP for a live entertainment use in conjunction with
an instructional studio, the Zoning Administrator must determine whether or not the
proposed use will be detrimental to the health, safety, morals, comfort, or general welfare
of the persons residing or working in the neighborhood, nor be injurious or detrimental to the
property and improvements in the neighborhood of the subject property, or to the general
welfare of the City. A decision to approve this request may be supported by the following
findings:
1) That pursuant to the DCCSP and TCC Section 9270a, the proposed live
entertainment use is allowed within the DCCSP and Cultural Resources (CR)
zoning district with the approval of a CUP.
2) That the stage and/or entertainment areas will not be open to view from the outside
premises because the project will include curtains over windows during live
performances as required by pursuant to TCC Section 9236b.
3) That the proposed hours of operation are similar and compatible with other
businesses and restaurants in the vicinity. The instructional studio hours of
operation and live entertainment would be limited as follows:
Day Business/Instructional Live Entertainment Hours
Hours (Two Showcases, Back to Back)
Sunday 11:00 AM - 8:30 PM 7:30 PM — 11:00 PM
Monday 11:00 AM-10:00 PM 7:30 PM — 11:00 PM
Tuesday 11:00 AM-10:00 PM 7:30 PM — 11:00 PM
Wednesday 11:00 AM-10:00 PM 7:30 PM — 11:00 PM
Thursday 11:00 AM-10:00 PM 7:30 PM — 11:00 PM
Friday 11:00 AM-10:00 PM 7:30 PM — 11:00 PM
Saturday 11:00 AM-8:00 PM 7:30 PM — 11:00 PM
DocuSign Envelope ID:20F773C5-2327-4209-AF1C-864A9CC70372
Zoning Administrator
April 29, 2021
CUP 2021-0005
Page 7
The Community Development Director may modify the hours of operation if it is
determined that no impacts to surrounding tenants or properties will occur and
adequate parking is available.
4) No noise impacts are anticipated as all live entertainment would be conducted
entirely within the building and would be required to comply with the City's Noise
Ordinance.
5) As conditioned, the proposed live entertainment would be compatible with the
surrounding uses and the TCC in that the proposed live entertainment would be
ancillary to the improvisation instructional studio use and the entertainment would
be performed by the students of the instructional studio.
6) That the site is nonconforming with respect to parking and does not provide the
minimum number of required parking spaces for a retail use. The TCC requires a
minimum of ten (10) parking spaces for the 2,450 square feet tenant space at a
ratio of one (1) parking space per 250 square feet. As such, the instructional studio
use is limited to a maximum of one (1) instructor and twenty-seven (27) students
at any one time and a maximum of thirty (30) persons during live entertainment
performances.
7) That the TPD has reviewed and supports the proposed use, as conditioned.
8) That the proposed live entertainment use is compatible with Land Use Element Goal
10 in the City's General Plan that states "Improve and strengthen the Tustin Old
Town/First Street area with a unique pedestrian environment and diverse mix of
goods, services, and uses" in that the live entertainment, in conjunction with an
instructional studio, will provide a unique entertainment experience and potentially
become a sought-after destination in the community.
9) As conditioned, CUP 2021-0005 may be reviewed on an annual basis, or more often
if necessary, by the Community Development Director. If the use is not operated in
accordance with CUP 2021-0005 or is found to be a nuisance or negative impacts
are affecting the surrounding uses, the Community Development Director would
have the authority to impose additional conditions to eliminate the nuisance or
negative impacts or may initiate proceedings to revoke the CUP.
10)That the applicant shall be required to obtain a non-transferable Live Entertainment
Perm it.
Staff recommends that that the Zoning Administrator adopt ZAA No. 21-002 approving CUP
2021-0005 to establish a live entertainment use in conjunction with an instructional studio in
an existing 2,450 square-foot tenant space located at 138 W. Main Street.
DocuSign Envelope ID:20F773C5-2327-4209-AF1C-864A9CC70372
Zoning Administrator
April 29, 2021
CUP 2021-0005
Page 8
E
D�ocuSigned by:
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15�F594829AC4A9...
Elaine Dove, AICP, RLA
Senior Planner
Attachments: A. Location Map
B. Land Use Fact Sheet
C. Submitted Plans
D. Letters of Recommendation
E. ZAA 21-002
ATTACHMENT A
LOCATION MAP
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ATTACHMENT B
LAND USE FACT SHEET
LAND USE APPLICATION FACT SHEET
IMPROVCITY- 138 W MAIN STREET
1. LAND USE APPLICATION NUMBER(S): CONDITIONAL USE PERMIT (CUP) 2021-0005
2. LOCATION: SOUTH SIDE OF MAIN STREET, APPROX. 200 FEET WEST OF EL CAMINO REAL
3. ADDRESS: 138 WEST MAIN STREET
4. LOT: TRACT 793, LOT 7
5. APN: 401-622-02
6. PREVIOUS OR CONCURRENT APPLICATIONS RELATING TO THIS PROPERTY:
• PREVIOUSLY BRUSHSTROKES PAINT STUDIO (INSTRUCTIONAL STUDIO)
7. SURROUNDING LAND USES:
NORTH: OLD TOWN COMMERCIAL SOUTH: CITY PARKING GARAGE
EAST: OLD TOWN COMMERCIAL WEST:OLD TOWN COMMERCIAL
8. SURROUNDING ZONING DESIGNATION:
NORTH: SP-12/CR, P DISTRICTS SOUTH: SP-12/CR, P DISTRICTS
EAST: SP-12/CR, P DISTRICTS WEST: SP-12/CR DISTRICT
9. SURROUNDING GENERAL PLAN DESIGNATION:
NORTH DCCSP SOUTH: DCCSP
EAST: DCCSP WEST: DCCSP
10. SITE LAND USE:
A. EXISTING: COMMERCIAL PROPOSED: IMPROV/LIVE ENTERTAINMENT
B. GENERAL PLAN: DCCSP PROPOSED: SAME
C. ZONING: SP-12/CR DISTRICT PROPOSED: SAME
DEVELOPMENT FACTS:
11. LOT AREA: 2,614 SF
12. BUILDING LOT COVERAGE: 100% MAX. PERMITTED N/A PROPOSED
13. SITE LANDSCAPING: N/A REQUIRED N/A PROPOSED
14. PARKING: LEGAL NONCONFORMING (2 SP.) EXISTING NO CHANGE PROPOSED
15. BUILDING HEIGHT: 4 STORIES MAX N/A PROPOSED
16. BUILDING SETBACKS: N/A
FRONT (MAIN ST) ZERO (0) FEET REQUIRED N/A PROPOSED
SIDE ZERO (0) FEET REQUIRED N/A PROPOSED
REAR: ZERO(0) FEET REQUIRED N/A_ PROPOSED
ATTACHMENT C
SUBMITTED PLANS
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ATTACHMENT D
LETTERS OF RECOMMENDATION
0 11[NE UNiF1EO SCWML Cassandra Carbone
OIETRICT Theatre instructor
Woodbridge High School
2 Meadowbrook
Irvine, CA 92604
To Whom It May Concern; December 15th, 2020
It is a privilege to write a recommendation for ImprovCity. This has been an
outstanding organization to work with. I have been the theatre instructor at Woodbridge
High School for the last six years. The workshops and performances my students have
had with this organization have been extremely professional,highly entertaining, and
truly educational for my students.
Workshops and training are a very important component to the success of my
theatre department. I have brought in several different groups and organizations to do
specialized workshops with my students throughout my nine years of being an educator,
and amongst all of them, it was ImprovCity which completely surpassed my expectations
as well as my students. I can see tremendous growth with my students and I can see their
new found passion for improv. The formatting and patterns of ImprovCity's workshops is
well thought out and scaffolded to reach all levels of students. The school campus and
the community of Irvine have become loyal fans of our productions and that is a direct
result of the commitment of Devin Dugan's company,ImprovCity.
Devin Dugan has established a very professional environment with myself as well
as my students. He has a strong passion for education and creating an artistic
environment for all of his students. He has the ability create new artistic and inventive
workshops as well as having the business knowledge to manage the schedule and the
paperwork. I am eagerly anticipating our future collaborations with Woodbridge High
School as well as Irvine Unified. Every theater teacher I come across I tell them about
this group right away. This group offers a unique experience that can benefit everyone
from a young child all the way to senior citizens.
Please give Devin and his organization every consideration as they will indeed
impress you. Please feel free to contact me with any questions.
Cassandra Carbone
794 814 4480
cassandracarbone@iusd.org
,...�� 225 W.Main Street,Tustin,CA 92780
w
Libby Kay]
Director
Beard�ors
Debbie Watson
President
Cathy Carden
I"Vice President Arnie Wen and Devin Dugan
Lynsey Ellsworth c/o Arnie Weir
Z'vice President 12932 Malena Dr.
Santa Ana,CA 92705
Kelly Lowe
3r°vice President
Cheryl Lindner Dear Ms. Weir. Mr. Dugan and ImprovCity Performers.
Treasurer
Katrina Beers On behalf of Tustin Community Preschool,I mould like to express our sincere
Assistant Treasurer thanks for your performance at our end-of-year party earlier this year. All of the
Christe Bruderlin 5tiner parents had such a wonderful time Watching the talented performers,and we are so
Secretory grateful that you shared your talent and laughter with us that evening.
Juliana Tabata
Co-Curriculum With sincerest appreciation,
Arnie Weir
Ca-Curriculfrrrr
Missy Reyes Libby Kay],Dinar
Co-Membership Tustin Community Preschool
Gina Zahm
Co-Membership
Lu Bauer
Co-Ways&Means
Jennifer Milarn
Co-]+Nuys&Means
Lisa Harrison
Committee Coordinator
Karh Brucker
Member At Large
Heidi Dawson
OCCPPNS Represen to tive
A 501(c)3
Non-Profit drganitat]on
95--2126I51
HANG® CA DEAN OF ADMINISTRATIMN
'MM .4199 CAMPUS DR.y SUITE 6001
I N T IE R N AT I O N A L IRVINE, CA 9261 2
TEL: 1(949) 679-200113
COLLEGE FLAX: 1 49491 r379-2001
pAJIG7Ck WWW.H A N C a C IC.E D U
IRVINE CAMPUS
To Whom it May Concern-
My name is Juliette Lee and I am the Dean of Administration here at Hancock International College,a CEA accredited
college that offers English as a Second Language to international students.In order to ensure we are continuously fulfilling
our mission of providing a compressive English program that engages our international students, it is important we offer
our instructors the tools to do so. Professional development for our faculty allows the opportunity to acquire new
skills to implement in the classroom as well as strengthens team bu Id ng among our faculty and staff.
In 2013, Hancock hired ImprovCity to conduct a workshop for faculty and staff. It was an absolute pleasure working with
Devin Dugan,the Director and owner of ImprovCity. Devin's experience and knowledge made it easy to identify the type
of workshop that best suited our faculty and staff. Devin designed a workshop based on what Hancock faculty and staff
wanted to improve on. The workshop involved numerous games and warm-up exercises that could be used in the
classroom and our Hancock parties.our faculty and staff enjoyed the workshop and soon implemented many of the warm-
ups and games that they learned.
Hancock students are asked to rate the instructors performance on a scale from 1-5,5 being outstanding.The chart below
reflects the percentage of students that gave a 5.
Intensive English As A Second Language {IESL}
Calendar Year BEG B INTER B ADV B TESL 100 TESL 101 TESL 112 IESL 103 IESL 1674 IESL 115
2013 89% 100% 96%
2014 63% 67% 76% 709'a $2°/a 80%
2015. 100% 100% 100% 100% 100% 77°/0
2016 77% 100% 1009'0 $6% 71°/0 100%a
2117 100% 929'0 71% 100% 1009'0 100%
In 2014, Hancock instructors were required to take ESL related workshops for their professional development and did not
have the opportunity to attend an ImprovCity Workshop.The Student Feedback reflects the value of providing our faculty
with ImprovCity workshops. The Workshops have greatly improved our instructor's ability to approach teaching in a
more creative andengaging way. We are grateful to have been working with ImprovCity and look forward to a
continued relationship for the long haul.
Working in higher education for over 15 years has given me great insight into recognizing greatness in anorganizaticr,on.
It's obvious that Devin Dugan and ImprovCity have achieved greatness in their field. Their continued commitment to
providing the best environment for creativityy is one of the many reasons I would recommend themto anyone.
Best Regards,
Juliette Lee I bean of Administration
4199 Campus Dr.suite 600 Irvine, CA 92512 USA
Phone+1.949.679.2000 Fax+1,949.679.2001
ihlee hancock.edu I www.hancock.edu
G4DINEZ FUNDA1VfENTAL HIGH rSCH-001L
`- tr= 3002 Centennial Road Jesse Church,Principal
9 :
Santa Ana, California 92704
(714} 433-6600 phone
(714) 433-6731 fax
December 08,2017
To Whom It May Concern:
I have had the pleasure of working with Mr.Devin Dugan and his ImprovCity and ImprovCity High
organization for the previous 4 years.
In that time,Mr.Dugan and his staff conducted weekly classes teaching improvisation for my high school
students.Most of the students at my school have had not prior theatrical training and come from lower
socioeconomic homes.
Mr.Dugan and his staff were always the consummate professionals and taught their classes with good
humor,directness and always with the goal of helping their(my)students improve and grow.They helped
foster a safe community of trust necessary for an art form that most people find terrifying,public
performance.
I was always impressed not just with their professionalism,but also with their keen eye for detail and
breadth of knowledge in what they instructing.The decades worth of experience learning,performing,
and instructing this art form was quite evident.
Mr. Dugan proved himself to me to be not only a professional,but that rare combination of artist who
could work in the real world of managing time,people,and business.He and his organization have my
highest praise and recommendation.
Sincerely,
Richard Marting
Drama Director
0 Cornelia Connelly School
Accredited-, May 24, 2010
WASC
WCEA Devin Dugan
WS
AL
Dear Devin,
On behalf of the Cornelia Connelly School and the Fashion Show committee,we want to
thank you for your support of the 2"d Annual Connelly Couture Fashion Show&Benefit
held on April 2.5, 2010 at the Sheraton Park Hotel at the Anaheim Resort.
By donating an auction item valued at$50.40, you have helped reduce our costs and
increase our net revenue. Your dedication and commitment helps Connelly continue the
tradition of academic excellence deeply rooted in faith, service to others and leadership.
Your continued support makes a significant difference in the lives of our young women.
Sincerely yours, ]
fu�� - J.-y-piow
Lilly Flores Tea�N,sta lzzy Velasco
Connelly Couture Connelly Couture- Fundraising&Parent Relations Goordinator
Co-Chair Co-Chair Federal Tax ID#95-21 56583
P.S. No goods or services were received in exchange for this gift. Therefore,this
contribution is fully tax-deductible. Please retain this letter for your tax records.
Federal Tax ID#95-2156583
2323 West Broadway . Anaheim,CA 92804 * 71 1.776.1?l7 . Fax 754.776.2534 • www.connellyhs.org
HANCOCK INTERNATIONAL COLLEGE
IRVINE CAI+ FUS
w^
4199 Campus Drive, Suite boil, Irvine, Cb 92612
Tei: +1,949.679.2600 C Fax. +1.949.679.2001 I NNrW1*1V'.hancOcl:college.us
July 18, 2014
To Whom It May Concern;
Professional development for our faculty is very important not only to acquire new skills to
implement in the classroom but to strengthen team building among our teachers. The
workshops conducted by Devin Dugan and ImprovCity has greatly improved our teacher's
ability to approach teaching in a more creative and engaging way. We are grateful to have
been working with ImprovCity and look forward to a continued relationship for the long haul.
Working in higher education for over 20 years has given me great insight into recognizing
greatness in an organization. It's obvious that Devin Dugan and ImprovCity have achieved
greatness in their field_ Their continued commitment to providing the hest environment for
creativity is one of the many reasons I would recommend them to anyone.
Thank you.
Jo nny Lee
President/C.E.O.
r�
American Heart American Stroke
Association I Association®
Learn and Live.
western States Afiiliaft
Change County
P.C.Box 6046
Irvine,CA 92616-6046
Tel 949 856 3555
Fax 949 856 3364
httpJAww.americanheart.org
October 12,2010
Devin Dugan
c/o Improv City
Cardiovascular disease and
strake claim more lives each
Dear Devin,
year than the next seven causes
combined. On behalf of the American Heart Association's Orange County Division, please
accept our heartfelt appreciation for the help that you and Improv City were able to
give to the 2010 Start? orange County Heart Walk in Irvine.The Heart Walk,as the
That is why we are working to American Heart Association's premier Fundraising event, is an integral part in the
effect change byproviding fight against our nation's No. I and No. 3 killers, heart disease and stroke. Improv
lnbrmaPon and solutions fortis City played an important part in helping us to make this community event a
preventfcn and treatment of wonderful experience for all involved.
cardiovascular diseases and ants and
straw in people of a# This year's Start!Orange County Heart Walk drew about 5,000 participants
raised almost$1,300,000 to help in the fight against heart diseases and stroke.The
Improv City helped us to make that event a huge success by helping to provide fun,
family friendly entertainment in our Fun Zone. We have only heard good things
we have ser a strategic impact about your participation and are grateful for the chance to enhance our Expo Area
goat to improve the with groups like yours that also encourage crowd involvement.
cardiovascular health of all
Americans DY 20%whiles We realize the significance of your help and truly appreciate the support that you
reducing deaths from give.As a community partner,we appreciate the willingness of your group to donate
cardovasculardfssases and your time and efforts.Your support allowed us to hold a smooth and successful
stroke by20%by the Yew 2r7 - event,which motivates our participants in their fundraising efforts and helps to direct
more money toward research and education. Thank you!
We look forward to working with you again in the future!
Sincerely yours,
jaa~al Landavv
Joanna London
Event Coordinator—Heart Walk
Federal Tax lD#13 5613797
Semjng raaflramrs.Nevada and Utah Please rernember the American Heart Association in your will.
>MV9
elf' ac
a donate life organization
May 28,2010
To Whom It May Concern:
I would like to take this opportunity to highly recommend ImprovCity. We had the
pleasure of having Devin Dugan lead an improv training workshop at our
communications department retreat last week. He did an outstanding job! In preparation
for the workshop we discussed his outline and he was able to customize his material to
meet our group's needs. We wanted something very positive,upbeat,and interactive.
Devin exceeded our expectations and did a phenomenal job. He had every member of
our department engaged and actively participating willingly-even the shyest in the
group! It was so successful that we have already booked ImprovCity for another event
next month and are very excited to have them back.. We look forward to a continued
partnership with ImprovCity in the months and years to come and we recommend that
you do too!
Sincerely,
Christina Courtney
Special Events Coordinator
OneLegacy
a Donate Life Organization
www.DonateLifeCalifomia.org
Prevention
October 20, 2018
BOARD OF
DIRECTORS
Marc Reich,Chair Devin Dugan
Reich Radcliffe& Owner & Artistic Director
Hoover LLP Improvoty
Alan Epperson,Ca-
chair www.improvcityonline.com
WeAs Fargo Bank
Vanessa Dixon,
Secretary
California State Devin,
University,
Long Beach
Hogiadi Kumiawan, Thank you so much for being part of our All Staff Meeting for the
Treasurer
Haskell&White, past two years. It was easy to see how much our staff enjoyed the
ThoLP
nm Manakides, show, because they were laughing the entire time.
Past Board Chair
Gibson,Dunn&
Crutcher Your talented team of performers were on time, professional and
Roger Armstrong
comfortable in front of a group of 100+ staff members.
A rmstrong/R ob itai ll e1
Riegle
Mbashis Chowdhury please let me know if I can ever be a reference for any HR
Canterbury
Consulting professional who is thinking about hiring your team to entertain their
Hedieh Fazeli
Fazeh Law Grath, staff. I would be happy to share with them the experience that we had
Dan S a mon in 2017 and 2018.
Paul.Godby
The Capital Group
Companies Take care.
Abbas Gokal
Gokal Law ice
Ed Enal
Aivira Biomedical Sincerely,
Elizabeth]aeger E�,Loan k
Real lstafe Broker
Donald Kennedy
First American Interim HR Director
Title Company OC Child Abuse Prevention Center
Hogiadi Kumiawan
Haskell&White, 9491697_1045
LLP
Andrew Meyer
MAI Capital
Management,LLC
]on Miller
Littler Mendelson
Daniel Wiles
Fieldman,RolaPp
&Associates
Athena Wong
Agility Fuel
Solutions
18 ra��for fd*
2390 E.Orangewood Avenue•Suite 300•Anaheim,CA•92806
Ph;714-543-4333•Fox:714543-4398-www.brightfutures4kids,org
SURVIVE AND THRIVE RUN WALK
HEALTH A SAFETY EXPO
EVENT SURVEY W -
PO Box 54852 Irvine,C&926194M edmesurvivors@aol.com (949)872-1895
Dear Devin,
On behalf of Grime Survivors, the Board of Directors and the Event Committee, a
sincere note of thanks to you at ImproyClityfor your support and participation in the
Annual Survive and Thrive Run Walk Health & Safety Expo, on October 9, 2010. We
couldn't have pulled this off without your help, support and participationM Your team is
amazing and so very talented, it was a pleasure to work with you all, you each went
above and beyond and we are so grateful....
Again, thank you for your support and participation with this event. We look forward to
your support, partnership and participation in future years.
Sincerely,
Patricia Wenskunas
Founder CEO
Crime Survivors,lnc.Tm
PD Box 54552
Irvine, Ca. 92519A552
(949) 872-78951(775)245-4798 fax
www.crirtyesuryivars.Qrt�1 wwwsurviveapotftriverunwal
www.crimesurvivors.org
www.surviveandthriveninwalk.org
ATTACHMENT E
ZAA 21 -002
ZONING ADMINISTRATOR ACTION 21-002
CONDITIONAL USE PERMIT 2021-0005
138 WEST MAIN STREET
The Zoning Administrator of the City of Tustin (City) does hereby resolve as follows:
I. The Zoning Administrator finds and determines as follows:
A. That a proper application for Conditional Use Permit (CUP) 2021-0005 was
filed by Devin Dugan of ImprovCity, requesting authorization for accessory live
entertainment performed by students and instructors of on-site instructional
studio providing improvisation workshops in an existing 2,450 square foot
tenant space located at 138 West Main Street.
B. That the proposed land use is consistent with the Tustin City Code (TCC) and
General Plan. The site is designated as Downtown Commercial Core Specific
Plan (DCCSP) by the City's General Plan and is located within the Specific
Plan 12 (SP-12) Downtown Commercial Core Specific Plan (DCCSP), Cultural
Resource (CR) District and the Combining Parking (P) District. The project is
consistent with the Air Quality Sub-element of the City's General Plan.
C. That pursuant to DCCSP Table 3.1, Commercial Permitted Use Table and TCC
Section 9270a, a conditional use permit for live entertainment and approval of a
live entertainment permit are required prior to the presentation of live
entertainment.
D. That pursuant to Section 9299b(3)(f) of the TCC, the Zoning Administrator has
the authority to consider requests for minor CUPs where there would be no
change of primary use, no expansion of floor area, and the request would not
alter the original intent of the project.
E. That a public hearing was duly called, noticed, and held for CUP 2021-0005 on
April 29, 2021, by the Zoning Administrator.
F. That the establishment, maintenance, and operation of live entertainment will not,
under the circumstances of this case, be detrimental to the health, safety, morals,
comfort, or general welfare of the persons residing or working in the
neighborhood of such proposed use, nor be injurious or detrimental to the
property and improvements in the neighborhood of the subject property, or to the
general welfare of the City in that:
1) The stage and/or entertainment areas will not be open to view from the
outside premises because the project will include curtains over windows
during live performances as required by pursuant to TCC Section
9236b.
Zoning Administrator Action 21-002
CUP 2021-05
Page 2
2) The proposed hours of operation are similar and compatible with other
businesses and restaurants in the vicinity. The instructional studio
hours of operation would be limited as follows.
Day Business/Instructional Live Entertainment Hours
Hours Two Showcases
Back to Back
Sunday 11:00 AM —8:30 PM 7:30 PM — 11:00 PM
Monday 11:00 AM-10:00 PM 7:30 PM — 11:00 PM
Tuesday 11:00 AM-10:00 PM 7:30 PM — 11:00 PM
Wednesday 11:00 AM-10:00 PM 7:30 PM — 11:00 PM
Thursday 11:00 AM-10:00 PM 7:30 PM — 11:00 PM
Friday 11:00 AM-10:00 PM 7:30 PM — 11:00 PM
Saturday 11:00 AM - 8:00 PM 7:30 PM — 11:00 PM
Back to back showcases shall include a minimum of forty-five (45)
minutes between the end of the first showcase and the beginning of the
second showcase.
The Community Development Director may modify the hours of
operation if it is determined that no impacts to surrounding tenants or
properties will occur and adequate parking is available.
3) No noise impacts are anticipated as all live entertainment would be
conducted entirely within the building and would be required to comply
with the City's Noise Ordinance.
4) As conditioned, the proposed live entertainment would be compatible
with the surrounding uses and the TCC in that the proposed live
entertainment would be ancillary to the improvisation instructional
studio use and the entertainment would be performed by the students
of the instructional studio.
5) That the site is nonconforming with respect to parking and does not
provide the minimum number of required parking spaces for a retail
use. The TCC requires a minimum of ten (10) parking spaces for the
2,450 square feet tenant space at a ratio of one (1) parking space per
250 square feet. As such, the instructional studio use is limited to a
maximum of one (1) instructor and 27 students at any one time and a
maximum of thirty (30) persons for live entertainment performances.
6) That the City's Police Department has reviewed and supports the
proposed use, as conditioned.
7) That the proposed live entertainment use is compatible with Land Use
Element Goal 10 in the City's General Plan that states "Improve and
strengthen the Tustin Old Town/First Street area with a unique
Zoning Administrator Action 21-002
CUP 2021-05
Page 3
pedestrian environment and diverse mix of goods, services, and uses" in
that the live entertainment, in conjunction with an instructional studio, will
provide a unique entertainment experience and potentially become a
sought-after destination in the community.
8) As conditioned, CUP 2021-0005 may be reviewed on an annual basis,
or more often if necessary, by the Community Development Director. If
the use is not operated in accordance with CUP 2021-0005 or is found
to be a nuisance or negative impacts are affecting the surrounding uses,
the Community Development Director would have the authority to
impose additional conditions to eliminate the nuisance or negative
impacts or may initiate proceedings to revoke the CUP.
9) That the applicant shall be required to obtain a non-transferable Live
Entertainment Permit.
G. This project is Categorically Exempt pursuant to Section 15301 (Class 1) of the
California Code of Regulations (Guidelines for the California Environmental
Quality Act).
II. The Zoning Administrator hereby adopts ZAA No. 21-002 approving CUP 2021-0005
for accessory live entertainment performed by students and instructors of the on-site
instructional studio providing improvisation workshops in an existing 2,450 square foot
tenant space located at 138 West Main Street, subject to the conditions contained
within Exhibit A, attached hereto.
PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin, at a regular
meeting on the 29th day of April 29, 2021.
JUSTINA L. WILLKOM
ZONING ADMINISTRATOR
VERA HURTADO
RECORDING SECRETARY
Zoning Administrator Action 21-002
CUP 2021-05
Page 4
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, Vera Hurtado, the undersigned, hereby certify that I am the Zoning Administrator
Secretary of the City of Tustin, California; that Zoning Administrator Action 21-002 was
duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held
on the 29th day of April, 2021.
VERA HURTADO
RECORDING SECRETARY
EXHIBIT A
CONDITIONAL USE PERMIT 2021-0005
POTENTIAL CONDITIONS OF APPROVAL
138 WEST MAIN STREET
GENERAL
(1) 1.1 The proposed project shall substantially conform with the submitted
plans for the project date stamped April 29, 2021, on file with the
Community Development Department, as herein modified, or as
modified by the Community Development Director in accordance with
this Exhibit. The Community Development Director may also approve
subsequent minor modifications to plans during plan check if such
modifications are consistent with provisions of the Tustin City Code
(TCC).
(1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be
complied with as specified, subject to review and approval by the
Community Development Department.
(1) 1.3 This approval shall become null and void unless the use is established
within twelve (12) months of the date of this Exhibit. Time extensions
may be granted if a written request and associated fee is received by the
Community Development Department within thirty (30) days prior to
expiration.
(1) 1.4 Approval of Conditional Use Permit (CUP) 2021-0005 is contingent upon
the applicant and property owner signing and returning to the Community
Development Department a notarized "Agreement to Conditions Imposed"
form and the property owner signing and recording with the County Clerk-
Recorder a notarized "Notice of Discretionary Permit Approval and
Conditions of Approval' form. The forms shall be established by the
Director of Community Development, and evidence of recordation shall be
provided to the Community Development Department.
(1) 1.5 Any violation of any of the conditions imposed is subject to the issuance of
an Administrative Citation pursuant to TCC Section 1162(a).
(1) 1.6 CUP 2021-0005 may be reviewed on an annual basis, or more often if
necessary, by the Community Development Director. The Community
Development Director shall review the use to ascertain compliance with
conditions of approval. If the use is not operated in accordance with CUP
SOURCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT
(2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES
(3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY
(4) DESIGN REVIEW *** EXCEPTION
Potential Conditions of Approval
CUP 2021-0005— Exhibit A
April 29, 2021
Page 2
2021-0005, or is found to be a nuisance or negative impacts are affecting
the surrounding tenants or neighborhood, the Community Development
Director shall impose additional conditions to eliminate the nuisance or
negative impacts, or may initiate proceedings to revoke the CUP.
(1) 1.7 As a condition of approval of CUP 2021-0005, the applicant shall agree, at
its sole cost and expense, to defend, indemnify, and hold harmless the
City, its officers, employees, agents, and consultants, from any claim,
action, or proceeding brought by a third party against the City, its officers,
agents, and employees, which seeks to attack, set aside, challenge, void,
or annul an approval of the City Council, the Planning Commission, or any
other decision-making body, including staff, concerning this project. The
City agrees to promptly notify the applicant of any such claim or action filed
against the City and to fully cooperate in the defense of any such action.
The City may, at its sole cost and expense, elect to participate in the
defense of any such action under this condition.
(1) 1.8 The applicant shall be responsible for costs associated with any necessary
code enforcement action, including attorney's fees, subject to the
applicable notice, hearing, and appeal process as established by the City
Council by ordinance.
USE RESTRICTIONS
(1) 2.1 Authorization to provide "Live Entertainment" shall not include Adult
Entertainment, sexually oriented business, burlesque shows, and lewd or
indecent acts. Sexually oriented businesses shall obtain special permits
pursuant to TCC Section 3900 et seq.
(1) 2.2 Operation of live entertainment is contingent upon the use of the premises
remaining an instructional studio with ancillary live performances by
students of the use. Should the use of the premises change from an
instructional studio use with ancillary live performances by students of the
use, this CUP shall be null and void.
(1) 2.3 A Live Entertainment Permit shall be obtained through the Finance
Department prior to establishing, conducting, or carrying on any live
entertainment. The Live Entertainment Permit shall be non-transferable to
any person(s).
(1) 2.4 No business operating with a valid Live Entertainment Permit shall employ
any person who has been convicted of illegal drug usage, drug dealing, or
prostitution within the last five (5) years.
Potential Conditions of Approval
CUP 2021-0005— Exhibit A
April 29, 2021
Page 3
(1) 2.5 The live entertainment shall be conducted in a manner that does not
create a public or private nuisance. Any such nuisance must be abated
immediately upon notice by the City. Live entertainment shall be
conducted entirely within the building.
(1) 2.6 The ambient noise levels resulting from the live entertainment shall not
exceed the standards of the City's Noise Ordinance. Outside address
speakers, telephone bells, buzzers, and other similar devices, which are
audible from adjoining properties, shall be prohibited. Doors to the
business shall remain closed when live entertainment is being performed.
(1) 2.7 The live entertainment shall not be open to view from outside the
premises. The applicant shall install an opaque covering over the
window(s) located in the stage area, subject to approval by the
Community Development Department.
(1) 2.8 All litter shall be removed from the exterior areas around the premises,
including adjacent public sidewalk areas and parking areas, no less
frequently than once each day that live entertainment is performed.
(1) 2.9 Fire and Police access and passage shall be permitted at all times.
(1) 2.10 Business hours are limited to the following:
Day Business/Instructiona Live Entertainment
I Hours Hours
(Two Showcases
Back to Back)
Sunday 11:00 AM — 8:30 PM 7:30 PM — 11:00 PM
Monday 11:00 AM-10:00 PM 7:30 PM — 11:00 PM
Tuesday 11:00 AM-10:00 PM 7:30 PM — 11:00 PM
Wednesday 11:00 AM-10:00 PM 7:30 PM — 11:00 PM
Thursday 11:00 AM-10:00 PM 7:30 PM — 11:00 PM
Friday 11:00 AM-10:00 PM 7:30 PM — 11:00 PM
Saturday 11:00 AM-8:00 PM 7:30 PM — 11:00 PM
Back to back showcases shall include a minimum of forty-five (45)
minutes between the end of the first showcase and the beginning of the
second showcase.
Modifications to the hours of operation may be approved by the
Community Development Director if it is determined that no impacts
surrounding tenants or properties will occur and adequate parking is
available.
Potential Conditions of Approval
CUP 2021-0005— Exhibit A
April 29, 2021
Page 4
(1) 2.11 "No Loitering" signs shall be placed near the entrance on the outside of
the premises. No congregation and loitering outside the building shall be
perm itted.
(1) 2.12 No outdoor storage shall be permitted except as approved by the City's
Community Development Director.
(1) 2.13 If in the future the City's Community Development Director, Police Chief
and/or Public Works Department determine that parking, traffic, or noise
problems exist on the site or in the vicinity as a result of the facility, the
Community Development Director, Police Chief, and/or Public Works
Director may require the applicant to prepare a parking demand analysis,
traffic study, or a noise study, and the applicant shall be required to
provide mitigation measures to be reviewed and approved by the
Community Development Department, Police Chief, and/or Public Works
Department. Said mitigation measures may include, but are not limited to,
the following:
• Adjust hours of operation.
• Eliminate live entertainment.
• Reduce the number/frequency of performers.
• Require additional on-site security personnel.
• Provide additional parking.
(1) 2.14 There shall be no outside promoters.
(1) 2.15 There shall be an individual assigned during all open business hours in
charge of occupancy. This individual shall assure the occupancy limits
established by the City are within compliance.
(1) 2.16 Occupancy in the tenant space shall be limited to thirty (30) individuals
including instructors, workshop participants/performers and audience
members during live entertainment events and a maximum of 27 students
and one (1) instructor when instructional classes are provided.
(1) 2.17 Alcoholic beverages shall not be allowed during business and live
entertainment hours without a Conditional Use Permit for alcoholic
beverage sales.
(1) 2.18 Each class shall be concluded to provide sufficient time for attendees of
the prior class to vacate the site prior to arrival of attendees of the next
class.
(1) 2.19 All activities shall be located within an enclosed building.
Potential Conditions of Approval
CUP 2021-0005— Exhibit A
April 29, 2021
Page 5
(1) 2.2 No change or alteration of the tenant space shall occur without approval of
0 the Community Development Director. Major modifications to the floor
area, services, and/or operation of the business may require consideration
of a new conditional permit by either the Zoning Administrator or the
Planning Commission.
FEES
(1, 5) 3.1 Within forty-eight (48) hours of approval of the subject project, the
applicant shall deliver to the Community Development Department, a
cashier's check payable to the COUNTY CLERK in the amount of fifty
dollars ($50.00) to enable the City to file the appropriate environmental
documentation for the project. If within such forty-eight (48) hour period the
applicant has not delivered to the Community Development Department
the above-noted check, the statute of limitations for any interested party to
challenge the environmental determination under the provisions of the
California Environmental Quality Act could be significantly lengthened.