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Resolution No. PC-2020-03 Page Four 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 Planning Commission can make this finding. Section 2: The Planning Commission hereby recommends the following to the City Council: a. Find the proposed PUD Major Modification consistent with the purposes of the PUD District; and b. Approve 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 Conditions of Approval shown in Attachment 1 . attached hereto and made part of this case by reference. Section 3: This resolution shall become effective immediately upon its passage and adoption. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Pleasanton at a regular meeting held on February 12, 2020, by the following vote: Ayes: Commissioners Noes: Commissioners Absent: Commissioners Abstain: Commissioners