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"Common area" means the entire area within the common interest <br />development except the separate interests therein, and also includes any <br />mutual or reciprocal easement rights appurtenant to the separate <br />interests. <br />Section 7. The City Council, may adopt by resolution, from time to time, a <br />fee for application for a special use permit. Until such resolution is adopted, the <br />application fee for a special use permit as set forth by this ordinance shall be the <br />then current application fee charged by the city to process a conditional use <br />permit. <br />Section 8. 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 <br />of 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 <br />hereby declares that it would have adopted this ordinance and each section, <br />subsection, sentence, clause, phrase or portion thereof irrespective of the fact that <br />any one or more sections, subsections, sentences, clauses, phrases, or portions be <br />declared invalid or unconstitutional. <br />ADOPTED this day of , 2007. <br />Miguel A. Pulido <br />Mayor <br />APPROVED AS TO FORM: <br />Joseph W. Fletcher, City Attorney <br />Benjamin Kaufman <br />Chief Assistant City Attorney <br />Ordinance No. NS-xxxx <br />Page 10 of 11 <br />75A-22 <br />