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Section 2: The City Council has, as a result of its consideration, and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, that this Final Environmental Impact Report No. 87-1("EIR") for the original Development Agreement adequately addresses this Ordinance and no further environmental review is needed. On the basis of this review, the City Council finds that no substantial changes are proposed by the Ordinance which will require major revisions of the previous EIR; no substantial changes will occur with respect to the circumstances under which the Ordinance is undertaken which will require major revisions to the previous EIR; and no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified, exists showing significant effects, or changes in mitigation measures. The City Council hereby directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Pursuant to Title XIV, California Code of Regulations ("CCR") § 735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.2 and Title XlV, CCR § 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 3: Amendment No. 1 to Development Agreement 87-02, a true and correct copy of which is attached hereto as Exhibit 1, is hereby approved, and the Mayor and Clerk of the Council are authorized to execute it on behalf of the City. The Clerk of the City is hereby authorized and directed to cause this Development Agreement to be recorded with the County Recorder's Office. Section 4: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or u nconstitutional. ADOPTED this 4t_~._h day of June, 2001. Ordinance No. NS-2472 Page 2 of 3