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1.4. Remainder of Development Agreement, All of the provisions of the Development Agreement, other than the amended language in Section 2 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) Planning Commission, On November 14, 2016, the Planning Commission, after giving notice pursuant to Government Code Sections 65090 and 65091, held a public hearing to consider the Owner's application for this Amendment No. 1 to the Development Agreement. (b) City Council. On December 20, 2016, and on January 17, 2017 the City Council, after providing notice as required by law, held a public hearing to consider Owner's Application for this Amendment No. 1 to the Development Agreement. (c) Environmental Anal. Before approving this Amendment No. 1 to the Development 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. 1.7. City Council Findings. The City Council finds that this Amendment No, to the Development Agreement is consistent with the General Plan, as amended by General Plan Amendment No. 2015-03, applicable specific plan(s), applicable zoning regulations, and all other applicable ordinances, plans, policies and regulations of the City. 1.8. City Ordinance. On January 17, 2017, the City Council adopted Ordinance No, NS -2911 approving this Amendment No. 1 to the Development Agreement. That ordinance becomes effective thirty (30) days after the date of adoption. 2. Revised Development Agreement_ Section 5.9. Section 5.9 of the Development Agreement is hereby amended to now read as follows: "5.9 Inclusionary Housing. (a) Owner's project qualifies as a'pipeline project' under 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 fulfill the inclusionary housing requirement. Owner may express a preference for how these funds may be used, but the final decision regarding use of the inclusionary housing funds lies solely with the Executive Director of the Community Development Agency. 1 ] 21 M7.0 I,'0C 3 72942-00005r3 -31-1 Twrd, wrd -3-