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ORDINANCE NO. NS-2783 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AN AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND NDC SKYLINE ASSOCIATES, LLC THE CITY COUNCIL OF THE CITY OF SANTA ANA ORDAINS AS FOLLOWS: SECTION 1: The City Council hereby finds, determines and declares as follows: A. The City is authorized pursuant to Government Code Sections 65864 through 65869.5 to enter into development agreements with persons having legal or equitable interests in real property for the purpose of establishing certainty for both City and owner in the development process. B. The City enters into this Amendment to Development Agreement pursuant to the provisions of the Government Code and applicable City policies. C. The Planning Commission has, following a duly noticed public hearing, on March 23, 2009, recommended approval of this Amendment to Development Agreement. D. Entering into this Amendment to Development Agreement would provide the City with extraordinary and significant benefits that are of regional significance, relate to existing deficiencies in public facilities, require the owner of MacArthur Place South to contribute a greater percentage of benefits than would otherwise be required, and represent benefits which would not otherwise be required as part of the development process. E. The City Council has held a noticed public hearing on this Ordinance, and has considered all testimony presented thereto. F. The previously adopted and certified Final Environmental Impact Report (EIR) for the Nexus Project, No. ER 2004-02, adequately describes and analyzes the impacts of this proposed ordinance, and no additional review under the California Environmental Quality Act is required. The new activity (the option of rental of residential units) does not affect the scope of the original project, nor create new impacts. The City has performed a traffic analysis of the difference between for-rent and for-sale units in the project, and this analysis has been included in the Addendum for said Final EIR for consideration of Item 75.B. for tonight's public meeting, and is incorporated herein by this reference. G. The proposed project will not adversely affect the General Plan, as is expressly set forth in the Request for Council Action dated May 4, 2009, together with all supporting documents, including but not limited to proposed resolutions, which are incorporated herein by this reference. Ordinance NS-2783 Page 1 of 11