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1. Promote the balance of land uses to address basic community needs. Land Use Element Goal No. 1.0. 2. Promote land uses which enhance the City's economic and fiscal viability. Land Use Element Goal No. 2.0. 3. Support land uses with provide community and regional economic and service benefits. Land Use Element Policy No. 4.3. F. The City Council has weighed and balanced the general plan's policies and has determined that based upon this balancing that the project at 1501 West Macarthur Boulevard is consistent with the purpose of the general plan. G. The City Council also adopts as findings all facts presented in the Request for Council Action dated May 5, 2008 accompanying this matter. For these reasons, and each of them, Amendment Application No. 2008-02 is hereby found and determined to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. H. Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2007-73, General Plan Amendment No. 2008-01, and Variance No. 2008-03 came before the City Council on May 5, 2008 for public hearing. This ordinance incorporates by reference, as though fully set forth herein, the resolutions and the Mitigated Negative Declaration and Mitigation Monitoring Program in support of this ordinance and the findings made herein. Section 2. The real property located at 1501 West Macarthur Boulevard is hereby rezoned from Two-Family Residential (R-2) to General Commercial (C-2). (AA No. 2008-02) Amended Sectional District Map number 35-5-10 showing the above described change in use district designation, is hereby approved and attached hereto as Exhibit "A" and incorporated by this reference as though fully set forth herein. 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 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Ordinance No. NS-2765 Page 2 of 5