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7.B. - Page 1 RE PO RT To the Honorable Mayor and City Council From the Cit Mana er January 14, 2013 SUBJECT Appeals of the October 16, 2012 Planning Commission Consideration of Addendum No. 2 and 2007 EIR and Approvals for the Costco Gasoline Station Expansion from 12 to 16 fueling positions located at 2300 Middlefield Road RECOMMENDATION 1. Hold a Public Hearing on the Appeals of the October 16, 2012 Planning Commission Actions. 2. Adopt a Resolution, (1) denying the appeal of Andy Saberi, Andy's BP, Inc. and Fifth Avenue Enterprises, Inc. and (2) granting the appeal of Costco Wholesale Corporation, thereby modifying the Planning Commission's Approval of the Costco Gasoline Station Expansion Project to allow for a 20 fueling position gas station after considering Addendum No. 2 and the 2007 EIR (including Addendum No. 1) (Attachment 1). BACKGROUND On August 31, 2011, Costco Wholesale Corporation applied for a Use Perm it Modification to expand the Costco Gasoline Station from 12 to 20 fueling positions. On October 16, 2012, the Planning Commission, considered Addendum No.2 to the 2007 Final Environmental Impact Report (EIR) EA2011-05 (Attachment 2) and approved modifications of the Use Permit (UP2011-44) and Architectural Permit (AP2011-43), allowing for the expansion of an existing 12 position fueling gas station to a 16 position fueling gas station (Attachment 3). On October 31, 2012, the project was appealed by Andy Saberi, Andy's BP, Inc. and Fifth Avenue Enterprises, Inc., "the Appellant" (Appeal No. 1), requesting that the City Council overturn the Planning Commission's decision to allow expansion to 16 fueling positions, thereby not allowing the gas station expansion and retaining a 12 fueling position gas station (Attachment 4). On November 2, 2012, the Costco Wholesale Corporation, "the Applicant" filed an appeal (Appeal No. 2), requesting that the City Council grant the gas station expansion as originally requested, thereby allowing a 20 fueling position gas station (Attachment 5). For additional background information, a chronology of the project's history can be referenced in Attachment 6.