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Mr. Brozosky concurred with Mr. Campbell. Assuming that applicant stays outside of Remillard Road, he did not see a problem. Mr. Campbell noted that the applicant would also be constructing trails along Remillard Road. He was also concerned about the loss of habitat in the new parking lot. Mayor Pico was ready to proceed with the conditions of approval that had been identified by staff. He asked Council if it needed any additional clarifications with respect to fees, etc. It was moved by Mayor Pico, seconded by Mr. Brozosky, to consider the mitigated negative declaration prepared by the East Bay Regional Park District, deem it adequate for considering the actions before the Council, and determine that those actions would not have a significant effect on the environment; make the Conditional Use Permit f'mdings as attached to the staff report; adopt Resolution 04- 016 upholding the appeal, and approving the project as scaled back in the motion previously made by Ms. Ayala and approving the recommended Conditions of Approval listed in Exhibit B to the staff report with modifications 3a through 3o as recommended by staff. Ms. Ayala wanted to ensure that Council was approving only a portion of the project and not approving additional phasing. Mayor Pico said that was correct. He wanted to incorporate the intent on the wording as a part of his motion. Mr. Campbell asked if the scaled down version of the project would proportionally reduce the buildings that were a part of the original project to house the expanded water park? Since the applicant originally proposed the buildings to house the expanded water park, does it mean that the applicant has to build exactly that, or can the applicant build less than that? Mr. Swift suggested that Council add a condition that states that the applicant reduce some of the support facilities: the corporate area, the concession stands, and locker rooms, to match the capacity of the facility that it will be building, and that it be reviewed by staff. He said that it would make sense to do the same thing with respect to the parking lot so that if staff and the applicant believe that some of the overflow parking area could be scaled down, it could do as well. A condition along these lines would allow the plan to be essentially fight scaled by the developers as long as the project did not get any larger than Council's scaled down project. Mr. Brozosky concurred with Mr. Swifi's comments. Mayor Pico asked Council if it wanted to adopt Mr. Swift's suggestion as an additional condition. Pleasanton City Council 19 03/30/04 Minutes