pages: CityCouncil/2018-10-16.pdf, 16
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CityCouncil | 2018-10-16 | 16 | Mayor Spencer inquired what steps and options the City has if the Council agrees to the 600-foot radius provision. Councilmember Ezzy Ashcraft requested clarification. Mayor Spencer stated there is a permit in process for a specific location; a location is believed to be within 600-feet of the mosque; inquired what options the Council has given the current process. The Assistant City Attorney responded the Council could edit the buffer zone and add additional sensitive use; stated the original buffer zone considers a number of different sensitive uses that could be referenced and changed; the possibility of making a change while an application is pending may propose challenges; changes may be made up until the land-use entitlements are obtained or locked-in by an applicant; it depends on the timing of the current applicant obtaining entitlement versus the change to take place. Mayor Spencer inquired expediting the process is an option. The Assistant City Attorney responded the ordinance would go through the standard process; an urgency ordinance would not be possible. Mayor Spencer requested confirmation the change would take 60 days. The Assistant City Attorney responded that is roughly correct; stated the first reading must occurs evening, then the second reading, then a 30-day referendum period. Mayor Spencer inquired whether the majority of Council agrees that the current meeting would qualify as the first reading; requested the process be explained again. The Assistant City Attorney responded the process depends on if the ordinance is adopted before the applicant receives land use entitlement; stated the discussion is focused on vesting. Vice Mayor Vella inquired if changes can be made after an applicant has moved forward. The Assistant City Attorney responded doing so would be a challenge; stated typically vesting of Council rights does not happen until after entitlements are obtained; if an applicant has already been issued a Use Permit, using caution would be urged to ensure fairness. Vice Mayor Vella stated what qualifies as a place of worship or a place where children gather has been discussed previously; inquired if the City would be going back to re- visit the issue. Regular Meeting Alameda City Council October 16, 2018 13 | CityCouncil/2018-10-16.pdf |