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q130ti853~ <br />City, the City has determined that this Amendment is an <br />appropriate supplement to the Agreement. <br />C. The City has examined the environmental effects of the <br />Project as modified and, based on the Initial Environmental Study <br />and the Traffic Mitigation Improvements, has determined that the <br />Project will have no significant adverse.effect on the <br />environment, on the basis of which a negative declaration was <br />adopted by the City Council. <br />D. On July 23, 1997, after conducting a duly noticed <br />public hearing, the City Planning Commission recommended that the <br />City Council approve this Amendment, based on the following <br />findings and determinations: that this Amendment is consistent <br />with the objectives, policies, general land uses and programs <br />specified in the City's General Plan; is compatible with the uses <br />authorized in and the regulations prescribed for the land use <br />district (C-R (Regional Commercial)) in which the Property is <br />located; is in conformity with public convenience, general <br />welfare and good land use practices; will not be detrimental to <br />the health, safety and general welfare of the City or the region <br />surrounding the City; will not adversely affect the orderly <br />development of property or the preservation of property values <br />within the City; and will promote and encourage the development <br />of the Project by providing a greater degree of certainty with <br />respect thereto. <br />E. Thereafter, on December 9, 1997, the City Council held <br />a duly noticed public hearing on this Amendment and made the same <br />findings and determinations as the Planning Commission. On that <br />same date, the City Council made a decision to approve this <br />Amendment by introducing Ordinance No. 1732. On January 6, 1998, <br />the City Council adopted Ordinance No. 1732. <br />NOW, THEREFORE, pursuant to the authority contained in <br />California Government Code Sections 65864-65869.5, and in <br />consideration of the mutual covenants and promises of the parties <br />herein contained, the parties agree as follows: <br />1. Revised DescriDtion of Pro;ect and ProDertv. <br />a) The description of the Project is hereby <br />amended and restated in the form of revised Exhibit C attached <br />hereto. As so revised, the Project shall constitute additional <br />future Floor Area in the Shopping Center of up to 380,000 square <br />feet and related improvements. <br />b) The Property is presently defined in the <br />Agreement to be that portion of the Shopping Center, consisting <br />of approximately 35 acres, owned by Developer. As redefined, the <br />Project now extends to development within the entire Shopping <br />Center, consisting of approximately of 75 acres. At such time <br />as, pursuant to the Agreement, further development occurs within <br />the Shopping Center on portiones) thereof not owned by Developer, <br />the parties hereto shall supplement this Amendment (by way of <br />2-