12 - Laserfiche WebLink

As noted, it was the Planning Commission's recommendation to approve the Major Modification. Attachment 2 reflects that alternative recommendation, incorporating similar findings and conditions of approval adopted by the Planning Commission. BACKGROUND The Rose Pavilion Shopping Center comprises three phases, located along the north side of Santa Rita Road and both the east and west sides of Rosewood Drive (see Figures 1 and 2). In 1989, a PUD rezone and development plan (PUD-89-6) application was approved for Phase III, which includes an approximately 13.29-acre site (cumulative over multiple parcels) located on the north side of Santa Rita Road and the west side of Rosewood Drive. The 1989 approval anticipated a 5,000 square-foot-restaurant on "Pad B" with the PUD approval explicitly prohibiting, through a condition of approval, a drive-through restaurant on "Pad B." The condition was added by the City Council at the hearing, although the reasoning is unclear, as there was no detailed discussion regarding the condition in the meeting minutes and staff was unable to locate the agenda report for the item. However, pursuant to the City Council discussion in the meeting minutes, three City Council members mentioned their opposition to a drive-through fast food restaurant at that time, favoring a "50's style" restaurant. 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 thus not currently permitted or conditionally permitted. Site and Area Description The 0.35-acre "Pad B" is flat and generally rectangular in shape. It currently contains an approximately 1,737-square-foot, single-story, vacant oil change facility, and related parking. Access to Phase III of the Rose Pavilion Shopping Center is provided by four driveways, three on Rosewood Drive (one signalized) and one on Santa Rita Road (non-signalized). One of the existing driveways on Rosewood Drive (non-signalized) is located immediately adjacent to the south side of "Pad B." There is a total of 617 on-site parking spaces for Phase III of the Rose Pavilion Shopping Center. Approximately 23 of those spaces are located on "Pad B;" however, all the parking spaces are shared among the various businesses located within Phase III. There are ten trees of various sizes and states of health on "Pad B," none of which are Heritage Trees. The properties adjacent to and within the immediate vicinity of"Pad B" contain various commercial uses including Trader Joe's, CVS and Fitness 19 all within Phase III of the Rose Pavilion Shopping Center. Ranch 99 Market, Total Wine, Macy's Furniture Gallery and a drive-through Starbucks are located to the east across Rosewood Drive in Phases I and II of the Rose Pavilion Shopping Center. East Bay BMW and other automotive related commercial uses are located to the north and west; and residential uses approximately 490 feet to the south across Santa Rita Road. Figure 1 shows "Pad B" and the surrounding area. Page 2 of 13