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<br />require Grand Plan 2 and NDC Skyline to be responsible for public art for its three phases <br />of the project, and Integral Communities I to be responsible for the public art for its one, <br />single phase. <br /> <br />F. The City Council has held a noticed public hearing on this Ordinance, and <br />has considered all testimony presented thereto. <br /> <br />G. The City Council has, on June 20, 2005, approved and certified an <br />Environmental Impact Report (EIR) in conjunction with this project and adopted a <br />mitigation monitoring plan together with findings and a statement of overriding <br />considerations. A notice of determination was subsequently filed for this project. The <br />Council approves this amendment based upon this pre-existing environmental <br />documentation and finds that there is substantial evidence in the record, with respect to <br />this minor Amendment, that: <br /> <br />1. There are no subsequent changes proposed in the project which will require <br />important revisions of the EIR due to new significant effects not considered in the <br />EIR; and <br /> <br />2. There are no substantial changes occur with respect to the circumstances <br />under which the project is undertaken which will require important revisions in the <br />EIR due to the involvement of new significant effects not considered in the EIR; <br />and <br /> <br />3. There is no new information relating to the significant effects of the project <br />and means of reducing or avoiding those effects, which was not known and could <br />not have been known at the time the EIR was certified or adopted; and <br /> <br />4. No minor technical changes or additions are necessary to the EIR. <br /> <br />SECTION 2: The First Amendment to Development Agreement, a true and <br />correct copy of which is attached hereto as Exhibit 1, is hereby approved, and the City <br />Manager and Clerk of the Council are authorized to execute it on behalf of the City. The <br />Clerk of the City is hereby authorized and directed to cause this First Amendment to <br />Development Agreement to be recorded with the County Recorder's Office. <br /> <br />Ordinance No. NS- <br />Page 2 <br /> <br />11 A-2 <br />