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Resolution No. 20-1147 Page 3 of 4 "Pad B" is in a developed area of the City, within a previously developed shopping center. Development of this site would not involve the extension of any new public streets. "Pad B" is flat and thus any future redevelopment with a drive-through restaurant use would not require extensive grading and would not contrast unfavorably with the natural terrain. Based on the foregoing, the City Council can make this make this finding. 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 drive-through restaurant use 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 Major Modification would not preclude adequate safety measures from being included in a future plan or project. Based on the foregoing, the City Council can make this make this finding. 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," thereby continuing to restrict a drive-through at this location. However, in consideration of the overall PUD, which permits drive-throughs at other locations within Phase III of the Rose Pavilion shopping Center, and the changed circumstances from when the original condition was applied, including the apparent purpose at the time to limit the use of "Pad B" to a "50's style diner" restaurant use that never materialized, the Planning Commission has determined the PUD Major Modification to remove the condition would be acceptable and would conform to the overall purpose of the PUD district. Based on the foregoing, the City Council can make this finding. SECTION 2. The City Council hereby approves PUD-89-06-08M, the PUD 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 the Conditions of Approval shown in Exhibit A, attached hereto 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.