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F. The City Council has held a noticed public hearing on this Ordinance and <br />has considered all testimony presented thereto. <br />G. Additionally, an addendum to the Mitigated Negative Declaration and <br />Mitigation Monitoring Program, Environmental Review No. 2011 -46, have been <br />approved and certified by this Council by resolution simultaneously with the introduction <br />of this ordinance. <br />H. The proposed project will not adversely affect the General Plan, as is <br />expressly set forth in the Request for Council Action dated August 5, 2013, together <br />with all supporting documents, which are incorporated herein by this reference. <br />Section 2. The Second Amended 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 with such non - <br />substantive changes as may be authorized by the City Manager and City Attorney. The <br />Clerk of the Council is hereby authorized and directed to cause this Development <br />Agreement to be 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 <br />it would have adopted this ordinance and each section, subsection, sentence, clause <br />phrase or portion thereof irrespective of the fact that any one or more sections, <br />subsections, sentences, clauses, phrases, or portions be declared invalid or <br />unconstitutional. <br />ADOPTED this day of 2013. <br />Miguel A. Pulido <br />Mayor <br />Ordinance No. NS -XXX <br />Page 2 of 3 <br />11 B -4 <br />