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ORDINANCE NO. NS - <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF <br />SANTA ANA APPROVING AN AMENDMENT TO THE <br />DEVELOPMENT AGREEMENT BETWEEN THE CITY OF <br />SANTA ANA AND NDC SKYLINE ASSOCIATES, LLC <br />THE CITY COUNCIL OF THE CITY OF SANTA ANA ORDAINS AS FOLLOWS: <br />SECTION 1: The City Council hereby finds, determines and declares as follows: <br />A. The City is authorized pursuant to Government Code Sections 65864 <br />through 65869.5 to enter into development agreements with persons having legal or <br />equitable interests in real property for the purpose of establishing certainty for both City <br />and owner in the development process. <br />B. The City enters into this Amendment to Development Agreement pursuant <br />to the provisions of the Government Code and applicable City policies. <br />C. The Planning Commission has, following a duly noticed public hearing, on <br />March 23, 2009, recommended approval of this Amendment to Development Agreement. <br />D. Entering into this Amendment to Development Agreement would provide <br />the City with extraordinary and significant benefits that are of regional significance, <br />relate to existing deficiencies in public facilities, require the owner of MacArthur Place <br />South to contribute a greater percentage of benefits than would otherwise be required, <br />and represent benefits which would not otherwise be required as part of the <br />development process. <br />E. The City Council has held a noticed public hearing on this Ordinance, and <br />has considered all testimony presented thereto. <br />F. The previously adopted and certified Final Environmental Impact Report <br />(EIR) for the Nexus Project, No. ER 2004-02, adequately describes and analyzes the <br />impacts of this proposed ordinance, and no additional review under the California <br />Environmental Quality Act is required. The new activity (the option of rental of residential <br />units) does not affect the scope of the original project, nor create new impacts. The City <br />has performed a traffic analysis of the difference between for-rent and for-sale units in the <br />project, and this analysis has been included in the Addendum for said Final EIR for <br />consideration of Item 75.B. for tonight's public meeting, and is incorporated herein by this <br />reference. <br />Ordinance No. NS- <br />Page 1 <br />11 B-1 <br />