13 ATTACHMENT 07 - Laserfiche WebLink

The proposed project will introduce a major retail development to this site and area, requiring the major modification of the Bernal Property PUD development plan. Staff worked with the applicant in developing the list of permitted and conditionally permitted uses for this development, incorporating selected permitted and conditional uses of the previous PUD approval, and incorporating the comments of the Planning Commission at the previous work sessions. A summary of the permitted and conditional uses for the Pleasanton Gateway property follow. • Convenience markets, game arcades, and liquor stores are not allowed. However, a wine (only) shop is a conditionally allowed use. • A self- service gasoline station is a conditionally allowed use — as presently permitted by the PUD development plan — but will not include a drive - through car wash and /or a convenience market. A major modification of the PUD would be required to develop such a use. • A variety of retail uses are allowed. Specific types of retail uses such as ice cream parlors, candy stores, and bakeries will permit the on- premises manufacture of product for sale or consumption. Businesses such as a retail bicycle shop will permit the servicing /repair, but no painting, of bicycles as an incidental use. • Artist studios are allowed permitting work inside the studio. • Tutoring, schools, and gymnastics for less than 20 students at any one time are permitted; over 20 students and a conditional use permit is required. • Retail sales and personal services, such as laundries, clothing stores, hobby stores, jewelry stores, camera stores, and similar businesses are permitted. • Restaurants including sit -down, fast food, and take -out establishments are permitted with an emphasis on sit -down restaurants. However, only one drive - through restaurant /cafe is permitted. Odor control devices are required on all future restaurants as a means of controlling cooking odors. • A bank and pharmacy with integral drive - through lanes are provided. • A variety of business and professional offices, medical offices, and research and development uses are allowed. Research and development includes the fabrication of prototypes, but no manufacturing. The proposal to modify the Bernal Property PUD approval as to uses is site specific to the Gateway property only and will not affect the use entitlement for the Bernal Corners Service Station. This clarification has been added as a condition of approval. The Planning Commission requested staff to prohibit fast food restaurants. Staff considered this carefully and believes that it cannot be applied to this application without violating fair trade laws. Staff also considered a condition that will allow coffee -type establishments with drive- through without identifying actual business names. However, staff found that such a condition could not be drafted in a manner that will implement the Pleasanton Gateway Page 22 of 35 August 25, 2010