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RESOLUTION NO. 20-1147
<br /> A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANTON,
<br /> APPROVING AN APPLICATION FOR A PLANNED UNIT DEVELOPMENT (PUD)
<br /> MAJOR MODIFICATION TO REMOVE AN EXISTING PUD (PUD-89-6) CONDITION
<br /> OF APPROVAL PROHIBITING A DRIVE-THROUGH RESTAURANT ON "PAD B"
<br /> WITHIN PHASE III OF THE ROSE PAVILION SHOPPING CENTER.
<br /> WHEREAS, on October 14, 2019, Gabriela Marks of Marks Architects, Inc. on behalf of
<br /> Jinglebells, LLC ("Applicant") applied for a Planned Unit Development (PUD) Major Modification
<br /> to remove an existing PUD (PUD-89-6) condition of approval prohibiting a drive-through
<br /> restaurant on "Pad B" within Phase III of the Rose Pavilion Shopping Center ("Project"). The
<br /> proposed modification would facilitate an application to demolish an existing oil change facility
<br /> and the construction of a new approximately 1,649-square-foot drive-through Taco Bell
<br /> restaurant and related site improvements on "Pad B" at 4210 Rosewood Drive; and,
<br /> WHEREAS, the site is designated Retail/Highway/Service Commercial/Business and
<br /> Professional Offices in the General Plan; and,
<br /> WHEREAS, the existing PUD rezone and development plan (PUD-89-6) contains a
<br /> condition of approval prohibiting a drive-through restaurant on "Pad B"; and,
<br /> WHEREAS, at its duly noticed public meeting of January 22, 2020, the Planning
<br /> Commission, conducted a public hearing where it considered all public testimony, agenda
<br /> reports, relevant exhibits, and recommendations of City staff; and,
<br /> WHEREAS, at its duly noticed public meeting of January 22, 2020, the Planning
<br /> Commission recommended approval of the Project to the City Council and directed staff to
<br /> prepare a resolution for approval; and,
<br /> WHEREAS, at its duly noticed public meeting of February 12, 2020, the Planning
<br /> Commission adopted a resolution recommending approval of the Project to the City Council
<br /> subject to findings and conditions of approval; and,
<br /> WHEREAS, at its duly noticed public meeting of April 21, 2020, the City Council
<br /> considered all public testimony, agenda reports, relevant exhibits, and recommendations of City
<br /> staff and the Planning Commission concerning the Project.
<br /> NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF PLEASANTON,
<br /> CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
<br /> SECTION 1. Findings for approval of PUD-89-06-08M
<br /> With respect to the Project, PUD-89-06-08M, the City Council makes the following
<br /> findings and determinations with respect to each of the considerations for a PUD Major
<br /> Modification as required by Section 18.68.110 of the Pleasanton Municipal Code (PMC):
<br /> 1. Whether the plan is in the best interests of the public health, safety, and general
<br /> welfare:
<br /> The Planning Commission finds the proposed PUD Major Modification is in the best
<br /> interests of the public health, safety, and general welfare, and this finding can be made.
<br /> The proposed PUD Major Modification, as conditioned, would facilitate a drive-through
<br />
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