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4.0 BACKGROUND 4.1 The property at 2435-2459 Rice Street, located in City Planning District 6 has a Comprehensive Plan designation of Community Business (CB) and a corresponding zoning classification of Community Business (CB) District, in which a drive-through facility a requires approval as a CONDITIONAL USE. 4.2 Section 1009.02E of the City Code requires the applicant to validate an approval of the CONDITIONAL USE by beginning site work related to the proposed drive-through. If the approval has not been validated within I year, the approval will expire and become void. 5.0 CONDITIONAL USE ANALYSIS 5.1 REVIEW OF GENERAL CONDITIONAL USE CRITERIA.- Section 1009.02C of the City Code establishes general standards and criteria for all conditional uses, and the Planning Commission and City Council must find that each proposed conditional use does or can meet these requirements. The general standards are as follows.- a. The proposed use is not in confTic t with the Comprehensive Plan. By its recommendation to approve the application, the Planning Commission has found that while a drive-through facility as proposed might not advance the goals of the Comprehensive Plan aside from representing continuing investment in a commercial property, it does not conflict with the Comprehensive Plan. b. The proposed use is not in con ict with a Re la in Map or other ado ted plan. The Ifl, gu p proposed use is not in conflict with such plans because none apply to the property. c. The proposed use is not in con f 'ic with any City COde requirements. The Planning Commission found that the proposed drive-through facility can and will meet all applicable City Code requirements; moreover,, a CONDITIONAL USE approval can be rescinded if the approved use fails to comply with all applicable Code requirements or any conditions of the approval. d. The proposed use will not create an excessive burden on parks, streets, and other public facilities. As a common kind of retail use in a long-standing retail location, Planning Division staff does not expect the proposed use to have significant impacts on any parks,, streets, or public infrastructure; by its action,, the Planning Commission supported this finding. e. The proposed use will not be injurious to the surrounding neighborhood, will not negatively impact traffic orproperly values, and will not otherwise harm the public health, safety, and general we e. If the drive-through is approved, it could add vehicle trips to the local road network each day; some could argue that the additional vehicles constitute a negative impact on traffic (and a violation of this general criterion), but the finding in item "d" above is that the potential, additional traffic would not impose an excessive burden on the public street infrastructure. Aside from the potential for some additional traffic, noise related to the drive-through audio equipment seems to be the only other source of impacts to surrounding properties, and the zoning code's specific requirements for drive-through facilities should address this concern. PFI 1 -02 I—RCA-092611 (3).doc Page 2 of 5