12 - Laserfiche WebLink

ATTACHMENT 1 RESOLUTION NO. 20- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANTON, DENYING 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. 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, at its duly noticed public meeting of January 22, 2020, the Planning Commission, conducted a public hearing where it considered all public testimony, agenda reports, relevant exhibits, and recommendations of City staff; and WHEREAS, at its duly noticed public meeting of January 22, 2020, the Planning Commission recommended approval of the Project to the City Council and directed staff to prepare a resolution for approval; and WHEREAS, at its duly noticed public meeting of February 12, 2020, the Planning Commission adopted a resolution recommending approval of the Project to the City Council subject to findings and conditions of approval; and WHEREAS, at its duly noticed public meeting of March 17, 2020, the City Council considered all public testimony, agenda reports, relevant exhibits, and recommendations of City staff and the Planning Commission concerning the Project; and WHEREAS, the City Council finds the Project inconsistent with the goals, policies, and programs of the General Plan and the goals and strategies of the Climate Action Plan. NOW, THEREFORE BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES RESOLVE, DECLARE, DETERMINE AND ORDER THE FOLLOWING: SECTION 1. Findings for denial of PUD-89-06-08M With respect to the Project, PUD-89-06-08M, the City Council makes the following findings and determinations with respect to each of the considerations for a Major Modification as required by Section 18.68.110 of the Pleasanton Municipal Code (PMC):