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<br />6. Wal-Mart Stores, Inc., etc., et al. v. City of Turlock, 2006 <br />U.S. Dist. LEXIS 47924 (E.D. Cal. 2006). <br /> <br />7. "California Responses to Supercenter Development: A <br />Survey of Ordinances, Cases and Elections" (2004) published by <br />Public Law Research Institute at Hastings College of the Law. <br /> <br />8. "Regulating Discount Superstores: Ordinances Restricting <br />Big Box Retailers with Grocery Departments" (2004) presented at <br />the League of California Cities Annual Conference. <br /> <br />These reports, studies and cases, true and correct copies of which <br />are on file with the Executive Director of the Planning and Building <br />Agency, are incorporated herein as though fully set forth. <br /> <br />B. In adopting this ordinance, the City Council expressly relies upon <br />and incorporates herein the findings, conclusions and opinions set <br />forth in the reports, studies and cases included above. <br /> <br />C. The City's General Plan, including but not limited to Goal Number <br />2.0 of the Economic Development Element, and Goal Numbers 1.0, <br />2.0 and 5.0 of the Land Use Element, provides for maintenance of <br />and enhancement of the City's economic base by promoting a <br />balance of land uses designed to address community needs and <br />which enhance the City's economic and fiscal viability by, in part <br />ensuring that impacts of development in the City are fully mitigated. <br /> <br />D. Adoption of this ordinance is in furtherance and implementation of <br />the City's General Plan. <br /> <br />E. It is advisable and necessary that Chapter 41 of the City's Code be <br />amended to regulate superstores appropriately and to afford them <br />adequate review. <br /> <br />F. It is the intent of the City Council that superstores proposed to be <br />established in Special Development Districts in the City which <br />permit retail land uses be subject to similar review as that provided <br />for herein. <br /> <br />G. All provisions of the Santa Ana Municipal Code which are repeated <br />herein are repeated solely in order to comply with the provisions of <br />section 418 of the Charter of the City of Santa Ana. Any such <br />restatement of existing provisions of the Code is not intended, nor <br />shall it be interpreted, as constituting a new action or decision of <br />the City Council, but rather such provisions are repeated for <br />tracking purposes only in conformance with the Charter. <br /> <br />Ordinance No. NS-XXX <br />Page 2 of 9 <br /> <br />11 0-2 <br />