pages: CityCouncil/2007-06-05.pdf, 18
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CityCouncil | 2007-06-05 | 18 | other legal counsels advise that the situation could be concerning at a later point; the proposed station is nowhere near what a Costco would be; queuing has been requested for three cars; Costco has queuing for four cars; inquired whether the Planning Board had additional design requirements. The Planning Services Manager responded the Planning Board wanted to limit truck delivery hours to early morning; stated no other design aspects were requested. Mayor Johnson clarified that other design changes were not made. Councilmember Gilmore inquired whether the entire issue goes back to the Planning Board regardless of what action is taken tonight because the Planning Board still needs to approve the site plan; further inquired whether tonight's CEQA decision is binding. The City Attorney responded the CEQA document is final if Council upholds the Planning Board's decision; stated any member of the public can appeal if Council remands the document to the Planning Board with specific direction and the Planning Board follows the direction and takes action on both the CEQA document and the project; the CEQA document can be appealed as well as any action taken on the project. Mayor Johnson stated that Council is addressing the mitigated negative declaration, which has nothing to do with the approval of the project; the project can still be denied; the project is still an independent issue. Councilmember Matarrese inquired whether Council would be upholding or denying the Planning Board's approval of the mitigated negative declaration rather than approving the mitigated negative declaration. The City Attorney responded the options are to either uphold the Planning Board's approval or remand the document back to the Planning Board for further review with specific direction as to what Council wants the Planning Board to review. Councilmember Matarrese inquired whether the project would be measured against the document whether the document goes back to the Planning Board or not, to which the City Attorney responded in the affirmative. Vice Mayor Tam stated that she agrees with Councilmember deHaan and many of the speakers regarding having a mitigated negative declaration that looks at the project as a whole, including the Regular Meeting Alameda City Council 18 June 5, 2007 | CityCouncil/2007-06-05.pdf |