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Below is a check list type of review for the proposed project: Project Application Zoning Requirement Compliance Supermarket with range of grocery, Food markets, including pharmaceuticals, health & wellness supermarkets4, as well as drug items and general merchandise stores and pharmacies are consumables permitted uses (Ordinance 1215) Hours of operation 6:00 a.m. to No all night businesses 12:00 a.m. (Ordinance1165, Condition No. 10) Delivery hours 6:00 a.m. to No truck delivers between 10:00 10:00 p.m. p.m. and 6:00 a.m. (Ordinance 1165, Condition No. 8) As a check list ministerial review, permitted uses are not subject to evaluation under the California Environmental Quality Act (CEQA), which only applies to discretionary decisions.5 When the site was originally zoned to PUD, it was subject to environmental review, and several mitigations were imposed based on the highest use of the site given the approved permitted uses.5 PUBLIC COMMENT Notice of this appeal was sent to surrounding property owners and tenants within a 1,000- foot radius of the site. The comments received are both attached as Exhibit E, in Attachment 3 (Planning Commission's report), as well as attached as Attachment 5 for those communications received since the Planning Commission's March 19`h hearing. Staff notes that those who have voiced their support or opposition have done so more than once and, therefore, one individual may have multiple emails/correspondence that are included in the attachments. Therefore, comments can be summarized as 140 individuals being opposed to the project and 110 individuals in favor of the project. ENVIRONMENTAL ASSESSMENT Permitted uses are not subject to evaluation under the California Environmental Quality Act (CEQA), which only applies to discretionary decisions. When the site was originally zoned to PUD, it was subject to environmental review, and mitigations were imposed based on the highest use of the site given the approved permitted uses. 4 While "supermarkets"are not specifically defined in the code, Planning staff has applied the definition of a self-service retail store selling mainly groceries, as well as other household items, and may have a pharmacy; this definition has been applied to the relatively recent 99 Ranch Market, Fresh & Easy, and Safeway supermarkets. 5 Discretionary projects are those that require the exercise of judgment or deliberation, as opposed to merely determining whether there has been compliance with applicable laws and regulations. Title 14 Cal. Code Regulations (CCR) §15357. "Ministerial projects" involve a governmental decision requiring little or no personal judgment by the public official and are exempt from CEQA. Public Resources Code §21080(b)(1); 14 CCR §15369. 6 The CEQA document adopted with Ordinance 1035 included mitigations such as: turn lane on West Las Positas (#16); medians in Santa Rita Rd. (#4), fencing for neighbors(#8, 10, 14), etc. Page 4 of 5