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Section 2. The City Council hereby rescinds the following 2019 Approvals in <br />and as such the 2019 Approvals shall have no further force or effect: <br />A. City Council Resolution No. 2019-099, upholding the Planning Commission's <br />adoption of Resolution Nos. 2019-35, 2019-36, and 2019-37; <br />B. City's determination that the 2019 Project is eligible for a CEQA Class 32 In - <br />fill Development Exemption and Class 3 New Construction or Conversion of <br />Small Structure Exemptions. <br />Furthermore, the City Council hereby declares null and void Planning <br />Commission Resolution Nos. 2019-35, 2019-36, and 2019-37 such that these <br />Resolutions are no longer in effect. <br />C. Notwithstanding anything set forth herein to the contrary or anything set forth <br />in any documents or agreements adopted and executed before the action <br />taken by adoption of this Resolution, the obligations in the 2019 Approvals <br />requiring the applicant to defend and indemnify the City shall remain in effect <br />as if the 2019 Approvals were not rescinded. <br />Section 3. The following 2018 Approvals have not expired and were not <br />rescinded by the City, and therefore are valid and remain in full force and effect: <br />A. Planning Commission Resolution No. 2018-28, approving Conditional Use <br />Permit No. 2018-18 to allow a drive -through; <br />B. Planning Commission Resolution No. 2018-35, approving Variance No. 2018- <br />10 to allow for reduced yards for a service station; <br />C. City Council Resolution No. 2018-081, adopting Mitigated Negative <br />Declaration Environmental Review No. 2016-156 and corresponding <br />Mitigation Monitoring and Reporting Program; <br />D. City Council Resolution No. 2018-082, approving General Plan Amendment <br />No. 2018-05 for the property located at 301 N. Tustin Avenue, 431 N. Tustin <br />Avenue, and 2321 East Fourth Street; <br />E. Ordinance No. NS-2960, approving Amendment Application No. 2018-08 to <br />rezone 301 and 325 N. Tustin Avenue, 401 N. Tustin Avenue, and 2320 East <br />Fourth Street from Professional to General Commercial. <br />Section 4. This Resolution shall only take effect upon the full execution of the <br />First Amendment to the Settlement Agreement by all the parties. The Clerk of the <br />Council shall attest to and certify the vote adopting this Resolution. <br />Resolution No. 2020-092 <br />Page 3 of 4 <br />