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Docusign Envelope ID : 06FEEA0D-4CA2-41B7-B308-52AA86026DE1 <br />Resolution No. PC-2024-19 <br />Page Two <br />the previous KFC drive-through restaurant without any proposed site changes, including <br />the location of the existing drive-through lane and all existing on-site parking spaces. <br />The proposed use would be located in an existing multi-tenant shopping center <br />comprising a variety of commercial and both in-line/drive-through restaurant uses. The <br />adjacent sites and buildings consist of similar uses. The closest residential uses are <br />approximately 250 to 480 feet away to the east and west, respectively; however, the <br />existing drive-through menu board/speaker and drive-through lane would remain in the <br />same location and have been operating for approximately 30 years with no reported <br />complaints regarding noise. Therefore, as conditioned, the proposed drive-through <br />coffee restaurant would be consistent with the applicable land use regulations and the <br />Planning Commission believes this location is suitable for the proposed use to operate <br />without any adverse impacts to the existing surrounding uses. The applicant will also be <br />required to mitigate any future nuisances that may occur because of the proposed use. <br />Accordingly, the Planning Commission makes this finding. <br />B. That the proposed location of the conditional use and the conditions under which <br />it would be operated or maintained will not be detrimental to the public health, <br />safety, or welfare, or materially injurious to the properties or improvements in the <br />vicinity. <br />The proposed use, as conditioned, would facilitate a drive-through coffee restaurant that <br />would meet all applicable City standards concerning public health, safety, and welfare. <br />The existing drive-through restaurant building includes the installation of all required on- <br />site drainage and utilities with connections to municipal systems in order to serve the <br />proposed drive-through coffee restaurant use. The proposed drive-through coffee <br />restaurant use would be compatible with the General Plan and zoning designations for <br />the subject site. In addition, the subject building includes Green Building measures; <br />improved pedestrian access and connections to the subject site from Santa Rita Road <br />and include enhanced on-site pre-treatment of storm water runoff in vegetative swales <br />before discharge into the City's storm drain system . Conditions have also been included <br />that would require the applicant to mitigate any future nuisances as a result of the <br />proposed use. The Planning Commission finds the proposed CUP is in the best <br />interests of the public health, safety, and general welfare, and this finding can be made. <br />C. That the proposed conditional use will comply with each of the applicable <br />provisions of the zoning ordinance. <br />The subject site's PUD-C (Planned Unit Development -Commercial) zoning <br />conditionally permits the establishment of drive-through restaurants. In addition, the <br />proposed use complies with all relevant sections of the zoning ordinance. Granting a <br />CUP for the proposed use would be consistent with the City's ability to regulate zoning <br />as listed in the Municipal Code Chapter 18.124. Accordingly, the Planning Commission <br />makes this finding. <br />Docusign Envelope ID: 06FEEA0D-4CA2-41B7-B308-52AA86026DE1