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Ordinance No. NS-XXX <br />Page 14 of 15 <br /> <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 /> <br /> <br /> ________________________________ <br /> Vicente Sarmiento <br /> Mayor <br /> <br />APPROVED AS TO FORM <br /> Sonia R. Carvalho, City Attorney <br /> <br /> <br /> By: _________________________ <br /> John M. Funk <br /> Chief Assistant City Attorney <br />