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Ordinance No. NS-XXXX
<br />Page 2 of 4
<br />City of Santa Ana and otherwise justified by the public necessity,
<br />convenience, and general welfare.
<br />Section 2. The Planning Commission of the City of Santa Ana recommended that
<br />the City Council adopt an ordinance rezoning the real property located at 813 North
<br />Euclid Street from Two-Family Residence (R-2) to Community Commercial (C-1), (AA No.
<br />2019-03). Amended Sectional District Map number 9-5-10 showing the above described
<br />change in use district designation, is attached hereto as Exhibit B and incorporated by this
<br />reference as though fully set forth herein. This recommendation is based upon the
<br />evidence submitted at the above said hearing, which includes, but is not limited to: the
<br />Request for Council Action dated February 18, 2020, and exhibits attached thereto; and
<br />the public testimony, all of which are incorporated herein by this reference.
<br />Section 3. The City Council has independently reviewed and analyzed the
<br />information contained in the Initial Study and the Mitigated Negative Declaration (MND),
<br />Environmental Review No. 2018-28 and Mitigation, Monitoring and Reporting Program,
<br />prepared with respect to this project. The City Council has, as a result of its
<br />consideration of the record as a whole and the evidence presented at the hearings on
<br />this matter, determined that, as required pursuant to the California Environmental
<br />Quality Act (CEQA) and the State CEQA Guidelines, Environmental Review No. 2018-
<br />28 meets all the requirements of CEQA.
<br />Section 4. This ordinance shall not be effective unless and until Resolution No.
<br />2020- (Environmental Review No. 2018-28) and Ordinance No. 2020-
<br /> (Amendment Application No. 2019-03) are adopted and become effective. If
<br />either resolution and/or ordinance are for any reason held to be invalid or unconstitutional
<br />by the decision of any court of competent jurisdiction, or otherwise do not go into effect for
<br />any reason, then this ordinance shall be null and void and have no further force and effect.
<br />Section 5. If any section, subsection, sentence, clause, phrase or portion of
<br />this ordinance is for any reason held to be invalid or unconstitutional by the decision of
<br />any court of competent jurisdiction, such decision shall not affect the validity of the
<br />remaining portions of the ordinance. The City Council of the City of Santa Ana hereby
<br />declares that it would have adopted this ordinance and each section, subsection,
<br />sentence, clause, phrase or portion thereof irrespective of the fact that any one or more
<br />sections, subsections, sentences, clauses, phrases or portions be declared invalid or
<br />unconstitutional.
<br />Section 6. The Applicant shall indemnify, protect, defend and hold the City
<br />and/or any of its officials, officers, employees, agents, departments, agencies,
<br />authorized volunteers, and instrumentalities thereof, harmless from any and all claims,
<br />demands, lawsuits, writs of mandamus, and other and proceedings (whether legal,
<br />equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute
<br />resolution procedures (including, but not limited to arbitrations, mediations, and such
<br />other procedures), judgments, orders, and decisions (collectively “Actions”), brought
<br />against the City and/or any of its officials, officers, employees, agents, departments,
<br />agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set
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