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General Plan Land Use Designation The site has a General Plan land use designation of Retail/Highway/Service Commercial; Business and Professional Offices; which allows retail, commercial, shopping centers, and supermarket uses. The use is a supermarket store and, therefore, is consistent with the General Plan land use designation. The supermarket would provide a grocery store for residents; which is consistent with the following General Plan Programs and Policies: Program 2.2: Encourage the reuse of vacant and underutilized parcels and buildings within exiting urban areas. Policy 13: Ensure that neighborhood, community, and regional commercial centers provide goods and services needed by residents and businesses of Pleasanton and its market area. Zoning Designation The site received Planned Unit Development (PUD) zoning for commercial and office development (PUD-C-O) in 1982 (Ordinance 1035). Specifically "Allowed uses" include "Food markets including supermarkets, convenience markets and specialty stores."2 This PUD was subject to environmental review under the California Environmental Quality Act (CEQA) and included project conditions to mitigate any environmental impacts from the development. The development plan for the shopping center and two office buildings was approved in 1984 (Ordinance 1165), with Condition No. 8 requiring that there be "no truck deliveries to the market between the hours of 10:00 p.m. to 6:00 a.m." and Condition No. 10 requiring "That there shall be no liquor stores, fast food restaurants, electronic game arcades, convenience food stores or any all night businesses allowed in the shopping center." The City Council subsequently adopted a revised list of permitted and conditionally permitted uses for the shopping center in 1985 (Resolution 2691 approved under Ordinance 1215). This action retained "Food markets, including supermarkets, and specialty stores" as permitted uses. Staff has included the referenced Ordinances and Resolution as Exhibit C in Attachment 3 for the Council's reference. Permitted Use A permitted use is one that has been pre-determined to be appropriate for a zoning district or specific property. In this case, "Food markets including supermarkets ..." were adopted as permitted uses for this shopping center by Ordinances No. 1035 and 1215. Permitted uses are effectively ministerial (a matter of right) if the proposed permitted use meets the definition in the zoning code, if a definition exists, (or determined to be similar enough to another permitted use)3 and is permitted in the zoning district. 2 Under PUD regulations, permitted uses and conditional uses may be determined by the Planning Commission and City Council. See Pleasanton Municipal Code (PMC) §18.68.030. 3 For uses that are not specifically defined, Chapter 18.128 (Determination as to Uses Not Listed) provides a process for the zoning administrator to either make a determination based on the unlisted use's similarity to other listed uses, or to refer the matter to the Planning Commission for its determination. Page 3 of 5