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<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 <br />adopted a mitigation monitoring plan together with findings and a statement <br />of overriding considerations. A notice of determination was subsequently <br />filed for this project. The Council approves this amendment based upon <br />this pre-existing environmental documentation and finds that there is <br />substantial evidence in the record, with respect to this minor Amendment, <br />that: <br /> <br />1. There are no subsequent changes proposed in the project <br />which will require important revisions of the EIR due to new <br />significant effects not considered in the EIR; and <br /> <br />2. There are no substantial changes occur with respect to the <br />circumstances under which the project is undertaken which <br />will require important revisions in the EIR due to the <br />involvement of new significant effects not considered in the <br />EIR; and <br /> <br />3. There is no new information relating to the significant effects <br />of the project and means of reducing or avoiding those <br />effects, which was not known and could not have been known <br />at the time the EIR was certified or adopted; and <br /> <br />4. No minor technical changes or additions are necessary to the <br />EIR. <br /> <br />SECTION 2: The First Amendment to 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 City is hereby authorized and directed to cause this First Amendment to Development <br />Agreement to 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 />Ordinance No. NS-2769 <br />Page 2 of 16 <br />