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mitigation monitoring program adequately addresses the expected environmental impacts of this Project. On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the project will have a significant adverse effect on the environment. The City Council hereby certifies and approves the mitigated negative declaration and mitigation monitoring program and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Section 3. The City Council hereby, approves General Plan Amendment No. 2008-01. The pages changed in the Land Use Element (Exhibit A) are attached hereto and incorporated herein by this reference as though fully set forth. This decision is based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Council Action dated May 5, 2008 and exhibits attached thereto and the public testimony written and oral, all of which are incorporated herein by this reference. Section 4. This resolution shall not be effective unless and until Ordinance No. NS-2765 becomes effective. If said ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise does not go into effect for any reason, then this resolution shall be null and void and have no further force and effect. Section 5. The City Council expressly reserves the right to modify, amend or repeal this resolution at any time by adoption of a subsequent resolution. Section 6. The Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of , 2008. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney Resolution No. 2008-XXX Page 3 of 4 75B-63