2_Exhibits A, D & E - 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 APPROVE 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; and WHEREAS, on January 22, 2020, the Planning Commission, following public notice, conducted a public hearing and after it considered the written agenda report, public testimony, related project materials, and staff recommendations directed staff to draft a resolution recommending approval of the PUD Major Modification with the required findings and conditions of approval for City Council consideration. 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 approval 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): n 8 of 8 cant's proposal and indicated it also supported expanding the music hours until midnight, seven days a week. ALTERNATIVES As articulated above, staff believes the proposed bar and indoor entertainment and music, as conditioned, is consistent with the objectives of the zoning district. However, alternatives that could be considered by the Planning Commission include: 1 . Denial of the application. Such an action would preclude the applicant from occupying the subject site and conducting the proposed activities; or 2. Approval of the CUP with modifications. The Planning Commission could approve the CUP, but with modified hours of operation, or other changes to the proposal. P19-0432, 310 Main Street, Suite D Planning Commission 7of8 Noise Patrons' voices and entertainment/music within the interior of the proposed bar would be the main noise sources generated from the subject site. The proposed hours of operation for the bar are 4 p.m. to 1 a.m., seven days a week while indoor entertainment and music would occur from 4 p.m. to midnight, seven days a week. P19-0432, 310 Main Street, Suite D Planning Commission 6 of 8