HomeMy WebLinkAboutZAA 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 Pian. 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.
E. 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 Businesslinstructional 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. Instructional classes shall not take place concurrently
with live entertainment showcases and each instructional class shall be
concluded at least fifteen (15) minutes prior to the following class in order
to provide sufficient time for attendees of the prior class to vacate the site
prior to the arrival of attendees of the next instructional class.
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.
Zoning Administrator Action 21-002
CUP 2021-05
Page 3
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 Tolwn/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.
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 202,1-0005 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 elirninate 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.
GThis project is, Categorically Exempt pursuant to Section 15301 (Class 1) of the
California Code of Regulations Guidelines -for the California Environmental
Quality Act).
11. 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, 2021.
. ......................
JUA L. WILLKOM
ZONING ADMINISTRATOR
VER* bb " \J
RECORDING SECRETARY
Zoning Administrator Action 21I-002
CUP 2021-05
Page 4
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TUSTIN
1, Vera Tis,careno, 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 .!
WJE"1tAAYAbbWv
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 Pen-nit (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 CODEIS (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 Businesslinstructional Live Entertainment
Hours Hours
(Two Showcases
Back to Back
Sunda 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 1 1:00AM-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.
Potential Conditions of Approval
CUP 2021-0005—Exhibit A
April 29, 2029
Page 4
Instructional classes shall not take place concurrently with live
entertainment showcases and each instructional class shall be concluded
at least fifteen (15) minutes prior to the following class in order to provide
sufficient time for attendees of the prior class to vacate the site prior to
the arrival of attendees of the next instructional class.
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.
(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
permitted.
(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.
Potential Conditions of Approval
CUP 2021-0005--Exhibit A
April 29, 2021
Page 5
(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.
(1) 2.20 No change or alteration of the tenant space shall occur without approval of
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, S) 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.
E