2_Exhibits A, D & E - Laserfiche WebLink

EXHIBIT A DRAFT CONDITIONS OF APPROVAL PUD-89-06-08M 4210 Rosewood Drive February 12, 2020 The applicant is hereby notified, as part of this approval, that (s)he is required to satisfy and maintain compliance with the conditions of approval below. Where approval by the Director of Community Development, Planning Division, Director of Engineering/City Engineer, City Attorney, Chief Building and Safety Official, Fire Department or other City staff is required, review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations, and accepted practices related to the approval. In addition to complying with the conditions below, the applicant is required to comply with all applicable federal, state, and local laws that pertain to this project whether or not specifically noted herein. This approval is granted for an Application 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. The proposed modification would facilitate the demolition of 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" located on Assessor Parcel No. 946-1100-035-00 at 4210 Rosewood Drive. THIS APPROVAL IS GRANTED SUBJECT TO THE FOLLOWING CONDITIONS: 1. APPROVAL: Condition of approval No. 22 shall be removed from Ordinance No. 1421 (approval for PUD-89-06). With this removal, "Pad B" shall no longer be limited to a 5,000-square-foot restaurant use and drive-through restaurants shall no longer be prohibited on "Pad B." (Project Specific Condition) 2. PREVIOUS CONDITIONS OF APPROVAL: Except as modified by Condition 1 above, all conditions of Case PUD-89-06 through PUD-89-06-07M shall remain in full force and effect. (Project Specific Condition) 3. ENTITLEMENTS: Should the City Council support the Planning Commission recommendation for Case No. PUD-89-06-08M, any future drive-through restaurant use on "Pad B" within Phase III of the Rose Pavilion Shopping Center shall be subject to Planning Commission review and approval of Conditional Use Permit and Design Review applications. The Conditional Use Permit submittal shall include a queuing analysis for the proposed drive-through. (Project Specific Condition) 4. LIABILITY AND INDEMNIFICATION: To the extent permitted by law, the project applicant shall hold harmless, defend (with counsel acceptable to the City), and indemnify the City, its City Council, its officers, commissions, employee and agents from and against any claim, action, or proceeding brought by a third party against the indemnified parties and/or the applicant to attack, set aside, or void the approval of the project or any permit authorized hereby for the project, including without limitation, reimbursing the City its attorneys' fees and costs incurred in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its choice. te 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