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Ordinance No. NS - ____ <br />Page 44 of 46 <br />penalties or procedures provided by law, nor is exhaustion of remedies under this <br />section a prerequisite to the assertion of any other such right. <br /> <br /> <br /> Section 4. The City Council finds and determines that this Ordinance is not <br />subject to the California Environmental Quality Act (CEQA) pursuant to sections <br />15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a <br />direct or reasonably foreseeable indirect physical change in the environment, as there is <br />no possibility it will have a significant effect on the environment and it is not a "project," <br />as defined in section 15378 of the State CEQA Guidelines. Furthermore, the proposed <br />Ordinance falls within the “common sense” CEQA” exemption set forth in CEQA <br />Guidelines section 15061(b)(3), excluding projects where “it can be seen with certainty <br />that there is no possibility that the activity in question may have a significant effect on <br />the environment.” <br /> <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 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 /> <br /> Section 6. This Ordinance shall become effective thirty (30) days after its <br />adoption. <br /> <br />Section 7. The Clerk of the Council shall certify to the adoption of this <br />Ordinance and cause the same to be published in the manner prescribed by law. <br /> <br />EXHIBIT 2