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CIC Resolution 07-151COMMUNITY IMPROVEMENT COMMISSION RESOLUTION NO. 07 -151 APPROVING A FIRST ADDENDUM TO THE ALAMEDA LANDING MIXED USE DEVELOPMENT PROJECT FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT AND AUTHORIZING THE EXECUTIVE DIRECTOR TO AMEND THE DISPOSITION AND DEVELOPMENT AGREEMENT (ALAMEDA LANDING MIXED USE PROJECT) WITH PALMTREE ACQUISITION CORPORATION WHEREAS, on May 31, 2000, the City of Alameda certified the Final Environmental Impact Report for the Catellus Mixed Use Development Project ( "2000 EIR "); and WHEREAS, on December 18, 2001, the City of Alameda approved an Addendum to the 2000 EIR to address any environmental effects of the construction of approximately 60 additional residential units; and WHEREAS, on April 26, 2004, the City of Alameda approved a Second Addendum to the 2000 EIR to address any environmental effects of the construction of a stormwater treatment and detention pond, pump station, force main and outfall; and WHEREAS, on September 25, 2006, the City of Alameda approved a Third Addendum to the 2000 EIR to address any environmental effects of the environmental control system for the 39 -unit affordable housing project; and WHEREAS, on December 5,. 2006, the City of Alameda approved the Alameda Landing Mixed Use Development Project Final Supplemental Environmental Impact Report ( "SEIR ") to the 2000 EIR to address any environmental effects of the portion of the Catellus Mixed Use Development Project commonly known as the Alameda Landing Mixed Use Development Project; and WHEREAS, on December 6, 2006, the Community Improvement Commission ( "CIC "), pursuant to Resolution No. 06 -148, authorized the Executive Director to execute the Disposition and Development Agreement (Alameda Landing Mixed Use Project) ( "Alameda Landing DDA ") with Palmtree Acquisition Corporation ( "PAC "); and WHEREAS, the CIC and PAC executed the Alameda Landing DDA on July 20, 2007; and WHEREAS, on September 24, 2007, the City of Alameda Planning Board, as the lead agency, approved a first addendum (the "First Addendum ") to the SEIR which addresses the impacts of the proposed first amendment (the "First Amendment ") to the Alameda Landing DDA and other City actions and revises two previously adopted mitigation measures (solely with respect to the wharf and dredging and in -water construction) and corrects typographical errors; and WHEREAS, the First Addendum concluded that the proposed First Amendment would not trigger the need for subsequent or supplemental environmental review pursuant to Sections 15162 and 15163 of the California Environmental Quality Act ( "CEQA ") Guidelines, and Section 21166 of the Public Resources Code; and WHEREAS, on December 4, 2007, following notice duly and regularly given as required by law, the CIC and the City Council held a joint public hearing on the First Amendment and related documents, and heard all interested persons expressing a desire to comment thereon or object thereto, and considered the SEIR and the First Addendum; and WHEREAS, the CIC has determined that by amending the Alameda Landing DDA, the CIC will further encourage the productive use and redevelopment of underutilized former military base property. NOW, THEREFORE BE IT RESOLVED, that the CIC, as a Responsible Agency under CEQA hereby approves the First Addendum to the SEIR utilizing its own independent judgment. BE IT FURTHER RESOLVED, that the CIC finds the proposed First Amendment to the Alameda Landing DDA with PAC to be consistent with the Business and Waterfront Improvement Project, including the Mixed Use Land Use Designation, and the City of Alameda General Plan. BE IT FURTHER RESOLVED, that the CIC hereby authorizes the Executive Director to enter into a First Amendment to the Alameda Landing DDA with PAC substantially in the form and containing the terms and conditions and covenants as set out in the First Amendment to the Alameda Landing DDA, a copy of which is on file with the City Clerk's office, subject to any minor conforming, technical or clarifying changes approved by the Executive Director and CIC Counsel. The Executive Director and Secretary of the CIC are hereby further authorized and directed to take such further actions and execute such documents as are necessary to carry out the Alameda Landing DDA, as amended by the First Amendment, on behalf of the CIC. I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Community Improvement Commission of the City of Alameda in a Special Joint Meeting of the City Council, Alameda Reuse and Redevelopment Authority and the Community Improvement Commission on the 4th day of December 2007, by the following vote to wit: AYES: Commissioners deHaan, Gilmore, Matarrese, Tam and Chair Johnson - 5. NOES: None. ABSENT: None. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said Commission this 5th day of December, 2007. Lara Weisiger, Secr Community Improve B y Johnso Community Im ro ry nt Commission