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These decisions are based upon the evidence submitted at the abovesaid hearing, <br />which includes but is not limited to: the Request for Council Action dated May 4, 2009 and <br />exhibits attached thereto; and the public testimony written and oral; and the Final <br />Environmental Impact Report No. 2004-02, the Mitigation Monitoring Program, and the <br />Statement of Overriding Considerations was approved and adopted by resolution by the <br />City Council on June 20, 2005 all of which are incorporated herein by this reference. <br />Section 4. This Resolution shall not be effective unless and until Ordinance No. <br />NS- becomes effective. If said ordinance is for any reason held to be invalid or <br />unconstitutional by the decision of any court of competent jurisdiction, or otherwise do not go <br />into effect for any reason, then this resolution shall be null and void and have no further <br />force and effect. <br />Section 5. Applicant has requested the approval of the above entitlements which <br />are incompatible with previously granted entitlements. As such, any and all previously <br />approved entitlements, including but not limited to parking variances and conditional use <br />permits, to build or operate the 13,470 square foot retail/restaurant building and the six- <br />story office/residential (15-unit) loft building on the Cinema site, are hereby null and void <br />and of no further force and effect. <br />Section 6. This decision rendered by the City Council of the City of Santa Ana is <br />final and is subject to judicial review pursuant to California Code of Civil Procedure <br />section 1094.6. The Clerk of the Council shall give direct notice to the applicant of the <br />Council's decision and these findings. <br />ADOPTED this day of , 2009 <br />Miguel A. Pulido <br />Mayor <br />APPROVED AS TO FORM: <br />Joseph W. Fletcher, City Attorney <br />By: <br />Resolution No. 2009- <br />758-118 Page 6 of 30 <br />