2015-07-01_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 12 to determine the facts associated with a particular request and apply those facts to the legal 13 standards contained in the ordinance and relevant state law. In general, if the facts indicate the 14 application meets the relevant legal standards and will not compromise the public health, safety 15 and general welfare, then the applicant is likely entitled to the approval. The City is, however, 16 able to add conditions to a CU approval to ensure that the likely on and around the subject 17 property are adequately addressed. 18 CUA ONDITIONALSENALYSIS 19 RGCUC: Section 1009.02C of the City Code 20 EVIEW OF ENERAL ONDITIONALSERITERIA establishes general standards and criteria for all conditional uses, and the Planning Commission 21 and City Council must find that each proposed conditional use does or can meet these 22 requirements. The general standards are as follows: 23 a. The proposed use is not in conflict with the Comprehensive Plan. The City Planner has 24 reviewed the 2030 Comprehensive Plan and determined that that the proposed drive-through 25 and office use are not in conflict with the Plan. Specifically the Planning Division believes 26 that the proposed office building with a drive-through advances land use goals and policies 27 within Sections 1, 2, 9 10 and 11, including the following: 28 1.Policy 1.5: Promote well-planned and coordinated development. 29 2.Policy 1.3: Ensure high-quality design, innovation, sustainability, and aesthetic appeal in 30 private and public development and redevelopment, with emphasis on efficient site 31 access, appropriately sized parking areas, and overall beautification through the adoption 32 and utilization of year-round landscaping and site design standards, guidelines, 33 principles, and other criteria. 34 3.Policy 2.3: Encourage a broad mix of commercial businesses within the community to 35 diversify and strengthen the tax base and employment opportunities. 36 4.Policy 3.2: Promote redevelopment that reduces blight, expands tax base, enhances the 37 mix of uses in the community, and achieves other community objectives. 38 5.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 6.Policy 9.2: Promote commercial development that is accessible by transit, automobile, 42 walking, and bicycle. 43 7.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 PF15-012_RPCA_070115 Page 2 of 6