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<br />E. The Planning Commission has, following a duly noticed public hearing, on <br />April 25, 2005, recommended approval of this Development Agreement. <br /> <br />F. Entering into this Development Agreement would provide the City with <br />extraordinary and significant benefits that are of regional significance, relate to existing <br />deficiencies in public facilities, require the project developer to contribute a greater <br />percentage of benefits than would otherwise be required, and represent benefits which <br />would not otherwise be required as part of the development process. <br /> <br />G. The City Council has held a noticed public hearing on this Ordinance, and <br />has considered all testimony presented thereto. <br /> <br />H. This project has been found to be exempt from the provisions of the <br />California Environmental Quality Act and a notice of exemption shall be filed in relation <br />thereto. <br /> <br />SECTION 2: The amendment to the Development Agreement, a true and correct <br />copy of which is attached hereto as Exhibit 1, is hereby approved, and the City Manager <br />and Clerk of the Council are authorized to execute it on behalf of the City. The Clerk of <br />the Council is hereby authorized and directed to cause this Development Agreement to <br />be recorded with the County Recorder's Office. <br /> <br />SECTION 3: If any section, subsection, sentence, clause, phrase or portion of this <br />ordinance is for any reason held to be invalid or unconstitutional by the decision of any <br />court of competent jurisdiction, such decision shall not affect the validity of the remaining <br />portions of this ordinance. The City Council of the City of Santa Ana hereby declares that <br />it would have adopted this ordinance and each section, subsection, sentence, clause, <br />phrase or portion thereof irrespective of the fact that anyone or more sections, <br />subsections, sentences, clauses, phrases, or portions be declared invalid or <br />unconstitutional. <br /> <br />ADOPTED this <br /> <br />day of <br /> <br />,2005 <br /> <br />Miguel A. Pulido <br />Mayor <br /> <br />Ordinance No. NS-2688 <br />Page 2 <br /> <br />758-65 <br />