2015-06-03_PC_Agenda_Packet - Laserfiche WebLink

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When exercising the so-called “quasi-judicial” authority on a CU request, the role of the City is 16 to determine the facts associated with a particular request and apply those facts to the legal 17 standards contained in the ordinance and relevant state law. In general, if the facts indicate the 18 application meets the relevant legal standards and will not compromise the public health, safety 19 and general welfare, then the applicant is likely entitled to the approval. The City is, however, 20 able to add conditions to a CU approval to ensure that the likely on and around the subject 21 property are adequately addressed. 22 CUA ONDITIONALSENALYSIS 23 RGCUC: Section 1009.02C of the City Code 24 EVIEW OF ENERAL ONDITIONALSERITERIA establishes general standards and criteria for all conditional uses, and the Planning Commission 25 and City Council must find that each proposed conditional use does or can meet these 26 requirements. The general standards are as follows: 27 a. The proposed use is not in conflict with the Comprehensive Plan. The City Planner has 28 reviewed the 2030 Comprehensive Plan and determined that that the proposed drive-through 29 and office use are not in conflict with the Plan. Specifically the Planning Division believes 30 that the proposed office building with a drive-through advances land use goals and policies 31 within Sections 1, 2, 9 10 and 11, including the following: 32 1.Policy 1.5: Promote well-planned and coordinated development. 33 2.Policy 1.6: Encourage improvements to the connectivity and walkability between and 34 within the community’s neighborhoods, gathering places and commercial areas through 35 new development, redevelopment, and infrastructure projects. 36 3.Policy 2.3: Encourage a broad mix of commercial businesses within the community to 37 diversify and strengthen the tax base and employment opportunities. 38 4.Policy 9.1: Encourage commercial areas to make efficient use of land, provide for safe 39 vehicular and pedestrian movements, provide adequate parking areas, provide appropriate 40 site landscaping, and create quality and enduring aesthetic character. 41 5.Policy 9.2: Promote commercial development that is accessible by transit, automobile, 42 walking, and bicycle. 43 6.Policy 10.3: Support neighborhood-scale commercial areas that provide convenient 44 access to goods and services at appropriate locations within the community. 45 b. The proposed use is not in conflict with a Regulating Map or other adopted plan. The 46 proposed drive-through is not in conflict with such plans because none apply to the area 47 surrounding the property. 48 c. The proposed use is not in conflict with any City Code requirements. The City Planner has 49 worked with representatives of RSP Architects to confirm the proposed drive-through (site 50 and building) will meet all applicable City Code requirements; moreover, a conditional use 51 approval can be rescinded if the approved use fails to comply with all applicable Code 52 requirements or conditions of the approval. Specific changes to the original plan required by 53 the City Planer included the relocation of the drive-through behind the building (from east to 54 south side) and improvements to the aesthetics and function of building in accordance with 55 Zoning requirements. 56 PF15-007_RPCA_060315 Page 2 of 5