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F. The project site is zoned Professional (PO) and has a General Plan Land Use Designation of Professional and Administrative Office (PAO). The site is surrounded by commercial, office and industrial uses to the north; office, industrial and concert facility to the south; Home Depot and industrial uses to the east; and commercial, office and industrial uses to the west. The Council finds that this Agreement is consistent with the City's General Plan, applicable Specific Plan(s), as well as all other applicable ordinances, plans, policies and regulations of the City. SECTION 2. The City Council has reviewed and considered the information contained in the initial study, the mitigated negative declaration and addendum prepared with respect to this First Amended and Restated Development Agreement The City Council has, as a result of its consideration, and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, a mitigated negative declaration and addendum adequately addresses the expected environmental impacts of this Agreement. On the basis of this review, the City Council f'mds that there is no evidence from which it can be fairly argued that the project will have a significant adverse effect on the environment. The City Council hereby certifies and approves the negative declaration and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Pursuant to Title XIV, California Code of Regulations ("CCR") § 735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the habitat upon which the wildlife depends. Therefore, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. SECTION 3. The First Amended Development Agreement between the City of Santa Ana and Kaiser Foundation Health Plan, Inc., a true and correct copy of which is attached hereto, is hereby adopted. The Mayor and Clerk of the Council are hereby authorized to execute this Agreement on behalf of the City. 2