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purpose of Chapter 41 of the Santa Ana Municipal Code, thus changing <br />the zoning district is found to be consistent with the General Plan of the <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 March 17, 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 (MIND), <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 />2020-020 (Environmental Review No. 2018-28) and (Amendment Application No. 2019- <br />03) are adopted and become effective. If either resolution and/or ordinance are for any <br />reason held to be invalid or unconstitutional by the decision of any court of competent <br />jurisdiction, or otherwise do not go into effect for any reason, then this ordinance shall be <br />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 />Ordinance No. NS-2985 <br />Page 2 of 5 <br />