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(3) Any project that requires a discretionary approval, excluding conditional use <br />permits for operation of eating establishments between the hours of 12:00 a.m. and <br />5:00 a.m. and conditional use permits for the sale of alcoholic beverages. <br />(4) Construction of new digital billboards, conversion of an existing static billboard <br />within to a digital billboard, conversion/reconstruction of existing on -premise digital <br />signs, and relocation of billboards. <br />(b) Discretionary approval. As used in this division, the term "discretionary approval' <br />means a conditional use permit, variance, minor exception, tentative map approval, <br />change in use district designation, or similar entitlement for development, the granting of <br />which involves the exercise of discretion, other than the plan approval process set forth <br />in this division. <br />Section 6. Pursuant to the California Environmental Quality Act, the City <br />Council has concurrently and separately reviewed, certified, and adopted the Final Initial <br />Study/Mitigated Negative Declaration and the related Mitigation Monitoring and <br />Reporting Program for this project/ordinance. On the basis of this review, the City <br />Council found that there is no substantial evidence from which it can be fairly argued <br />that the project will have a significant adverse effect on the environment. <br />Section 7. 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 this 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 8. This Ordinance shall become effective thirty (30) days after its <br />adoption. <br />Section 9. The Clerk of the Council shall certify the adoption of this ordinance <br />and shall cause the same to be published as required by law. <br />ADOPTED this day of 2022. <br />Vicente Sarmiento <br />Mayor <br />Ordinance No. NS-XXX <br />City Council 12 — 14 7/1972U2'Gof u <br />