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pursuant to Municipal Code Chapter 18.144. Under these provisions, a decision of the ZA may be appealed to the Planning Commission by an interested party within 15 days of the date of the ZA's decision, which was made on February 2, 2012. An appeal may be filed through February 17, 2012. If an appeal is filed, a public hearing may be held within the next 40 days. In addition, pursuant to Section 18.144.010, the City Council may review an action of the Planning Commission within 15 days of its action. And, pursuant to Section 7-J of the City Council Rules and Operating Procedures, any Councilmember may appeal the decision of the Planning Commission as provided in the Municipal Code. Thus, should the Council approve the report of the ZA's actions tonight, the Council will not preclude an appeal of the ZA's determination to issue the Zoning Certificate. The appeal period runs from February 171h and this means it is possible that this matter may be appealed to the Planning Commission even if the Council does not tonight direct that an appeal hearing be scheduled. Any appeal hearing before the Planning Commission will be noticed in accordance with law, and interested parties are encouraged to monitor the City's website for the Planning Commission's upcoming meeting agendas. Mayor Hosterman said if the Council were to approve the Zoning Certificate to operate as a permitted use tonight on a majority vote, then someone from the community could appeal that decision which would then go to the Planning Commission at a public hearing. If the Planning Commission found as the City Council did, then this decision could also be appealed to the Council. And, instead of the item being placed on the Consent Calendar, it would give the Council the opportunity to have a full public discussion. Mr. Lowell said this is correct, except the Council's action tonight, if taken, is only accepting the written report. The time period to appeal this action is still running. Mayor Hosterman said the Council understands that Councilmembers have not all taken a position on the issue, but certainly they all have a history about how they feel about big box stores in general, and have held discussions over the years. Given all other intricacies and nuances legally as well as contractually, she asked for the City Attorney's advice to the Council. Mr. Lowell said there are two options; the Council may say it would like to review this and appeal it, and staff would schedule it for a public hearing. Or, the Council could allow the appeal period to continue to run to see if a member of the public would like to appeal the Zoning Administrator's decision to the Planning Commission first, and then after that hearing, there would still be an opportunity for the Council to review the Planning Commission's decision afterwards. Tonight, he would recommend that if the Council is not inclined to schedule this for review by the Council in the near future, that the Council accept the report. Councilmember Sullivan clarified another option in that the public has asked for the Council to consider an ordinance where any grocery stores proposed for Pleasanton would be reviewed. Recognizing he must wait for proper noticing, he announced that he would request support from the Council to agendize an ordinance requiring a CUP, environmental review and economic impact analysis at the end of the meeting under Matters Initiated by Councilmembers. Mayor Hosterman asked and confirmed that Councilmember Sullivan supported acceptance of the ZA's report, minus the WalMart item. Councilmember Thorne said while he has strong feelings, he would rather not comment because he has not had a thorough chance to think about comments he would like to make on the item. He is willing to accept the report tonight, see if it is appealed. Vice Mayor Cook-Kallio said she is willing to accept the report, as well. She thinks that the idea of a CUP, not just for grocery stores but for any vacant piece of property in Pleasanton, is probably a good idea because there has been an increase in density. She pointed out that she had actually mentioned City Council Minutes Page 5 of 26 February 7, 2012