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03/11/2013 <br /> WHEREAS, the Appellants and Applicant and all other interested parties were <br /> given the opportunity to participate in the public hearing through oral testimony and the <br /> submittal of written comments; and <br /> WHEREAS, on March 11, 2013, the City Council considered Addendum No. 2, <br /> together with the 2007 EIR and Addendum No. 1 in accordance with the requirements <br /> of the California Environmental Quality Act ("CEQA") and as part of the City's <br /> consideration of the appeals and the Expansion Project; and <br /> WHEREAS, on March 11, 2013, the City Council fully reviewed, considered, and <br /> evaluated the staff reports prepared for the Project including the attachments to the staff <br /> reports, public testimony and comments, and all other documents and evidence in the <br /> public record on the Project and the appeals; and <br /> WHEREAS, the City Council has determined that a Use Permit Modification and <br /> new Architectural Permit for 20 fueling position gas station ("Approved Project") would <br /> further the purposes of and appropriately implement the City of Redwood City General <br /> Plan and applicable provisions of the Redwood City Municipal Code and Zoning <br /> Ordinance. <br /> NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY <br /> OF REDWOOD CITY AS FOLLOWS: <br /> Section 1. The City Council finds that the above recitals are accurate and <br /> constitute findings in this matter and, together with the Staff Report and the revised <br /> application materials, including without limitation, Addendum No.2 and the 2007 Final <br /> Environmental Impact Report prepared for the Redwood City Costco Wholesale Project <br /> ("2007 EIR"), development plan, and all other documents, reports, studies, memoranda, <br /> maps, oral and written testimony, and materials in the City's file for the applications and <br /> the Project, and all adopted City planning documents relating to the Project and the <br /> property including the City's General Plan, Municipal Code, Zoning Ordinance, and <br /> other applicable City laws and regulations, and all associated approved and certified <br /> environmental documents, have together served as an adequate and appropriate <br /> evidentiary basis for the findings and actions set forth in this Resolution. <br /> Section 2. As to Appellant's appeal of the Planning Commission Approvals, <br /> the City Council, having independently heard, considered, and weighed all the evidence <br /> in the record presented on behalf of all parties and being fully informed of the Project, <br /> the Planning Commission Approvals, and the two appeals, finds that Appellant has not <br /> shown, based on evidence in the record, that the Planning Commission Approvals were <br /> made in error, that there was an abuse of discretion by the Planning Commission, that <br /> the Planning Commission's decision was otherwise improper, or that the City's notices, <br /> agendas, and appeal procedures were unlawful in any manner. Accordingly, the appeal <br /> filed by Appellant James M. Dombroski filed an appeal of the Planning Commission <br /> Approvals on behalf of Andy Saberi, Andy's BP, Inc. and Fifth Avenue Enterprises, Inc., <br /> is denied. <br /> ATfY/RES0.2816/COSTCO RESO.#15249 <br /> REV:03-12-13 VR MUFF#603 <br /> Page 2 of 9 <br />