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1.4. Remainder of Development Areent., A1.1 of the provisions of the Development Agreement, other than the amended language in Section "'below, shall remain the same. 1.5. Interest of Owner. Owner represents that it has approved this Amendment No. 1 to the Development Agreement and is authorized to enter into this Amendment No. 1 to the Development Agreement. 1.6. Public Hearings. This Amendment No. 1 to the Development Agreement was the subject of the following public hearings: (a.) Plan�it?g Connnission. On November 14, 2016, the Planning Commission, after giving notice pursuant to Government Code Sections 65090 and 65091, hold a public hearing to consider the Owner's application for this amendment to Development Agreement and the environmental documentation evaluating the potential impacts of the proposed project. (b) City Cogncil. On 2016 the City Council, after providing notice as required by law, held a public hearing to consider Owner's Application for this Development Agreement and the proposed project, (c) Enyironmental Anal. Before approving this Atnendnncnt No. 1 to the Agreement, the Planning Commission and the City Council reviewed the proposed action and concluded no further environmental review is required pursuant to California Resources Code Section 21166 and, CEQA Guidelines section 15162. I.?. City Council FLnd n s. The f:ity Council finds that this Amendment No. I to the Dcveloprnent Agreement :is consistent with [lie General Plast, as amended by General Plan Amendment No. 2015-03, applicable specific plan(s), applicable zordng regulations, and all other applicable ordinances, plans, policies and regulations of the City. 1.$: "CityOrdinamce. On 12016, the City Council adopted. Ordinance No. NS- approving this Amendment No, l to the Development Agroement. That ordinance beconnes effective thirty (30) days after the date of adoption, 2, Revised Deveto ntm_ent Agreement. Section 5.9. Section 5.9 of the Development Agreement is hereby amended to now read as follows: "5.9 Inclusion,a y Hotiasing. ('a) Owner's project qualifies as a "pipeline project' ander the Amended Housing Opportunity Ordinance (Article XVIII.I of Chapter 41 of the Santa Ana Municipal Code) and shall pay the City an in lieu fee of $9.35 per square foot of habitable space in order to failfill the inohnsionary housing requirement, Owner may express a pref:eren.ce for how these Nods maybe used, but the final decision regarding use of the inclusionary housing funds lies solely 1121967.0 UOC 75_�-10 372942-0000511-7-161,wd1vrd