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ATTACHMENT 1 ORDINANCE NO. AN ORDINANCE TO APPROVE APPLICATIONS FOR PLANNED UNIT DEVELOPMENT (PUD) REZONING AND DEVELOPMENT PLAN TO: (1) DEMOLISH THE EXISTING APPROXIMATELY 3,510-SQUARE-FOOT RESTAURANT BUILDING; (2) REZONE THE SUBJECT PARCEL FROM C-F (FREEWAY COMMERCIAL) DISTRICT TO PUD-C (PLANNED UNIT DEVELOPMENT — COMMERCIAL) DISTRICT; AND (3) CONSTRUCT AN APPROXIMATELY 10,980-SQUARE-FOOT, SINGLE-STORY, MULTI-TENANT COMMERCIAL BUILDING AND RELATED SITE IMPROVEMENTS LOCATED AT 6455 OWENS DRIVE, AS FILED UNDER CASE NOS. P16-1349 (REZONE) AND PUD-121 (PLANNED UNIT DEVELOPMENT) WHEREAS, on July 25, 2016, Abbas Mash ("Applicant") applied for applications at 6455 Owens Drive to: (1) demolish the existing approximately 3,510-square-foot restaurant building; (2) rezone the subject parcel from C-F (Freeway Commercial) District to PUD-C (Planned Unit Development— Commercial) District; and (3) construct an approximately 10,980-square-foot, single-story, multi-tenant commercial building and related site improvements ("Project"); and WHEREAS, the site is designated Retail/Highway/Service Commercial/Business and Professional Offices in the General Plan; and WHEREAS, on September 28, 2016, the Planning Commission, following public notice, conducted a work session, where the Project was presented as a public hearing item; and WHEREAS, on September 25, 2019, the Planning Commission, following public notice, conducted a public hearing where it considered the written agenda report, public testimony, related project materials, and adopted Resolution 2019-22, determining that the proposed rezoning and development plan are appropriate for the site, making the findings, and recommending to the City Council that Project be approved with modifications to the conditions of approval, and WHEREAS, on December 17, 2019, the City Council held a duly noticed public hearing on the Project and considered all public testimony, agenda reports, and related materials, and the recommendations of City staff and the Planning Commission; and WHEREAS, the City Council finds that the PUD rezoning and development plan are consistent with the General Plan and the purposes of the PUD ordinance based on the considerations set forth in this ordinance; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA) Guidelines this project is categorically exempt from environmental review pursuant to CEQA Guidelines, Section 15332, In-fill Development Projects, Class 32.