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6. Whether adequate public safety measures have been incorporated into the design of the plan: "Pad B" currently provides adequate access for police, fire, and other emergency vehicles. The proposed restaurant would be equipped with automatic fire suppression systems (sprinklers). Structures would be required to meet the requirements of the California Building Code, Fire Code, other applicable City codes, and State of California energy and accessibility requirements. Site specific soils analyses would be conducted in conjunction with the building permit review. Thus, approval of the amendment would not preclude adequate safety measures from being included in a future plan or project. 7. Whether the plan conforms to the purposes of the PUD District: In 1989, a PUD rezone and development plan (PUD-89-6) application was approved for Phase III of the Rose Pavilion Shopping Center which included a condition of approval to allow for a 5,000 square-foot-restaurant on "Pad B." The PUD approval explicitly prohibited a drive-through restaurant on "Pad B." In 1992, the PUD development plan was modified (PUD-89-6-4M) to allow for the construction of the current oil change facility on "Pad B." The action to approve PUD-89-6-4M did not remove the condition of approval prohibiting a drive-through restaurant on "Pad B." Accordingly, the condition of approval from PUD-89-6 would still be applicable to "Pad B" and a drive-through restaurant is not currently permitted or conditionally permitted. Given the Air Quality and GHG Emissions concerns stated above, the City Council does not support eliminating the condition of approval prohibiting a drive-through restaurant on "Pad B." Accordingly, with this condition of approval still applicable, the City Council cannot make this finding. SECTION 2. The City Council hereby denies PUD-89-06-08M, the Major Modification application of Gabriela Marks of Marks Architects, Inc. on behalf of Jinglebells, LLC 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 at 4210 Rosewood Drive, subject to the findings above and made part of this case by reference. SECTION 3. This resolution shall become effective immediately upon its passage and adoption. SECTION 4. City Clerk shall certify to the passage of this resolution and enter it into the book of original resolutions. PASSED, APPROVED AND ADOPTED by the City Council of the City of Pleasanton at a regular meeting held on March 17, 2020. I, Karen Diaz, City Clerk of the City of Pleasanton, California, certify that the foregoing resolution was adopted by the City Council at a regular meeting held on the 17th day of March, 2020, by the following vote: Ayes: Noes: Absent: Abstain: