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HomeMy WebLinkAboutITEM #3 REVISIONS TO PC RESO NO 4442 ITEM #3 REVISION TO PLANNING COMMISSION RESOLUTION NO. 4442 CONDITIONS OF APPROVAL NOS. 2.1 & 2.4 Exhibit A Resolution No. 4442 CUP-2021-0012; DR-2021-0010; SUB 2021-0003 Page 2 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 and/or property owner 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) 1.6 Any violation of any of the conditions imposed is subject to issuance of an Administrative Citation pursuant to TCC Section 1162(a). (1) 1.7 The applicant and/or property owner 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 (1) 1.8 CUP 2021-0012, DR 2021-0010 and SUB 2021-0003 may be reviewed at any time by the Community Development Director to ascertain compliance with conditions of approval. The Community Development Director may initiate proceedings to revoke the CUP, if the use is not operated in accordance with CUP 2021-0012, DR 2020-0010 and SUB 2021-0003. Due process, including a public hearing before the Planning Commission, shall be required prior to the revocation of a CUP. As an alternative to revocation proceedings, the Community Development Director may develop a plan with the applicant, which may include revisions to the conditions of approval and/or measures to eliminate the nuisance or negative impacts. USE RESTRICTIONS (1), (4) 2.1 During peak hours of operation, the applicant may position an employee near the menu board with a wireless microphone and headset to take orders from vehicles in the drive-thru lane or pass-thru lane. n18}�22� oh ill nn o �rrlor rim �n�i �iohinlo n�t in r� ilri�io �hri, Lino ShAll RAI t 4iz GRIPPE; vcrnr-318 Rvc OP i��FONA8 t r. rcrR (1), (4) 2.2 All activities shall comply with the City's Noise Ordinance. The drive-thru speaker board shall be equipped with a volume limiter/adjuster so that it will not exceed the Tustin Noise Ordinance. No other amplified sound devices are permitted outside of the building. (1), (4) 2.3 The drive-thru menu/speaker board shall utilize a lighted read-back display, either integrated as a single unit or two (2) separate units, or other alternative as a result of changes in technology, to the satisfaction of the Community Development Director. Exhibit A Resolution No. 4442 CUP-2021-0012; DR-2021-0010; SUB 2021-0003 Page 3 (1), (4) 2.4 If in the future the City determines that a parking, traffic, or noise problem exists on the site or in the vicinity as a result of the proposed project, the Community Development Director may develop a plan with the applicant to address such issue(s) which may require the preparation of a study or studies such as a parking demand analysis, traffic study, or noise analysis and the applicant and/or property owner shall bear all associated costs. If said study indicates that there is inadequate parking or a traffic or noise problem, the applicant and/or property owner shall be required to provide measures to be reviewed and approved by the Community Development Department and/or Public Works Department. Said mitigation may include, but are not limited to, the following: a. Adjust hours of operation. c. Adjust ordering procedures. d. PFA-Virlo additiGRal papkiRg e. Provide additional noise buffers including, but not limited to, walls, landscaping, or other sound attenuation methods. (1), (4) 2.5 Business operations 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 of Tustin. (1), (4) 2.6 The daily business hours shall be as follows: Drive-thru: 5:00 AM to 10:00 PM Modifications to the hours of operation may be approved by the Community Development Director if it is determined that no impacts to the surrounding properties will occur. Any modifications to the hours of operation shall require the approval in writing of the Community Development Director. (1), (4) 2.7 The applicant shall implement the Traffic Management Plan describing the measures to be taken to reduce queues via technological means consistent with the plans submitted. (1), (4) 2.8 No change or alteration of the tenant space shall occur without prior approval of the Community Development Department. Major modifications to the floor area, services, and/or operation of the business may require consideration of a new CUP. (1), (4) 2.9 Sale and consumption of alcoholic beverages is prohibited at this location unless separate approval of a CUP for alcoholic beverage sales is obtained.