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2. The FEIR has been presented to the City Council, and the City Council has reviewed and considered the information contained in the FEIR prior to approving the project. 3. The FEIR reflects the lead agency's independent judgment and analysis. 4. Changes and alterations have been required in, or incorporated into, the project (i.e., standard conditions and mitigation measures) which avoid or substantially lessen the significant environmental effects as defined in the FEIR. 5. A Draft Mitigation Monitoring and Reporting Program on file in the City Clerk's Office has been prepared for the project and will be incorporated in the Use PeRnit conditions of approval to avoid or substantially lessen significant environmental effects. The motion passed by a unanimous roll call vote. Motion No. 2 M/S Foust/Hartnett to uphold the Zoning Administrator's approval of a use permit for 160,000 square foot retail warehouse with a tire center on the north side of the building based on the findings made by the Zoning Administrator, the entire record presented o the City Council, and that the City has considered the EIR Addendum in taking this action. Inspection of the wall to be made a condition of the use permit for the warehouse. Costco to be required to immediately notify the City if Costco should lose the right to park at either of the neighboring properties referenced (parcel befinreen Orchard Supply Hardware and Middlefield Road owned by Kimco, and property owned by the Joint Powers Board behind the site). That at the expense of Costco, there will be a City sponsored verification of the traffic figures used in the approval process at the 12 and 24 month points. Council made comments on the topic of the use permit. The motion passed by a unanimous roll call vote. M/S Foust/Hartnett to extend the meeting to 12:50 a.m. The motion passed by a unanimous voice vote. Motion No. 3 M/S Foust/Howard to uphold the Zoning Administrator's approval of a Use Permit for a gas station with 12 vehicle fueling positions. Consider the EIR Addendum in taking this action and the conditions previously stated in the prior motion, and based on the entire administrative record and the Zoning Administrator's findings. Council made comments and expressed appreciation to the appellants and Costco. M/S Foust/Howard to extend the meeting to 1:10 a.m. The motion passed by a unanimous voice vote. The motion passed by a unanimous roll call vote. MINUTE ORDER 07-146 JOINT CITY COUNCIL//REDEVELOPMENT AGENCY BOARD MEETING AUGUST 13, 2007 MINUTES PAGE 8