2_Exhibits A & C - Laserfiche WebLink

EXHIBIT A RESOLUTION NO. PC-2020-03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PLEASANTON RECOMMENDING THAT THE CITY COUNCIL DENY THE APPLICATION FOR PLANNED UNIT DEVELOPMENT (PUD) MAJOR MODIFICATION LOCATED AT 4210 ROSEWOOD DRIVE, AS FILED UNDER CASE NO. PUD-89-06-08M WHEREAS, on October 14, 2019, Gabriela Marks of Marks Architects, Inc. on behalf of Jinglebells, LLC ("Applicant") applied for a Planned Unit Development (PUD) Major Modification to remove an existing PUD (PUD-89-6) condition of approval prohibiting a drive-through restaurant on "Pad B" within Phase III of the Rose Pavilion Shopping Center ("Project"). The proposed modification would facilitate an application to demolish an existing oil change facility and the construction of a new approximately 1,649-square-foot drive-through Taco Bell restaurant and related site improvements on "Pad B" at 4210 Rosewood Drive; and WHEREAS, the site is designated Retail/Highway/Service Commercial/Business and Professional Offices in the General Plan; and WHEREAS, the existing PUD rezone and development plan (PUD-89-6) contains a condition of approval prohibiting a drive-through restaurant on "Pad B;" and WHEREAS, on January 22, 2020, the Planning Commission, following public notice, conducted a public hearing where it considered the written agenda report, public testimony, related project materials, and staff recommendations. NOW, THEREFORE BE IT RESOLVED by the Planning Commission of the City of Pleasanton, based on the entire record of proceedings, including the oral and written agenda reports and all public comment and testimony: Section 1: Findings for denial of PUD-89-06-08M With respect to the PUD Major Modification application, PUD-89-06-08M, the Planning Commission makes the following findings and determinations with respect to each of the considerations for a PUD Major Modification as required by Section 18.68.110 of the Pleasanton Municipal Code (PMC): 1. Whether the plan is in the best interests of the public health, safety, and general welfare: The Planning Commission finds the Project would not be in the best interests of the public health, safety, and general welfare due to potential Air Quality impacts and an increase in Greenhouse Gas (GHG) Emissions. Specifically, the drive- through component of the proposed restaurant fails to meet the stated goals of the General Plan and Climate Action Plan (CAP) which include measures to reduce greenhouse gas emissions by encouraging infill development that would increase walking and bicycle riding, minimize vehicle miles traveled (VMT) and reduce fuel consumption. With a drive-through component, the Project would 10 Rosewood Drive Planning Commission 14 of 15 proposed restaurant, additional consideration should be shown to provide high quality design for this prominent elevation that would be highly visible. 2 A-weighted decibels are an expression of the relative loudness of sounds in air as perceived by the human ear. 3 The day-night average sound level is the average noise level over a 24-hour period. PUD-89-06-08M, 4210 Rosewood Drive Planning Commission 13 of 15 sign revisions and/or conditions of approval. Some potential examples include: • The ordering speaker shall not be audible above the ambient noise levels beyond the property boundaries; and PUD-89-06-08M, 4210 Rosewood Drive Planning Commission 12 of 15 2 of 15