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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 />G. The City Council has held a noticed public hearing on this Ordinance, and <br />has considered all testimony presented thereto. <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 />';Fr <br />TION 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 the <br />Council is hereby authorized and directed to cause this Development Agreement to be <br />recorded with the County Recorder's Office. <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 it <br />would have adopted this ordinance and each section, subsection, sentence, clause, phrase <br />or portion thereof irrespective of the fact that any one or more sections, subsections, <br />sentences, clauses, phrases, or portions be declared invalid or unconstitutional. <br />ADOPTED this 20L day of Jum 2005 <br />APPROVED AS TO FORM: <br />Joseph W. Fletcher, City Attorney <br />M <br />Ordinance NS -2688 <br />Page 2 of 11 <br />