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that meeting. This ordinance incorporates by reference, as though <br />fully set forth herein, the resolution and said Mitigated Negative <br />Declaration and Mitigation Monitoring Program in support of this <br />ordinance. <br />Section 3. Attached hereto as Exhibit A and incorporated by this <br />reference as though fully set forth herein is the modification to the North Harbor <br />Specific Plan (SP2) which rezones the property located at 3417 West Fifth Street <br />from its current zoning of Open Space (OS) to General Commercial (GC). <br />Section 4. If any section, subsection, sentence, clause, phrase or <br />portion of this ordinance is for any reason held to be invalid or unconstitutional by <br />the decision of any court of competent jurisdiction, such decision shall not affect <br />the validity of the remaining portions of this ordinance. The City Council of the <br />City of Santa Ana hereby declares that it would have adopted this ordinance and <br />each section, subsection, sentence, clause, phrase or portion thereof irrespective <br />of the fact that any one or more sections, subsections, sentences, clauses, <br />phrases, or portions be declared invalid or unconstitutional. <br />Section 5. The Clerk of the Council shall certify to the adoption of this <br />ordinance and cause the same to be published in the manner prescribed by law. <br />ADOPTED this 1st day of June, 2009. <br />APPROVED AS TO FORM: <br />Joseph W. Fletcher, City Attorney <br />Mayor <br />By: %r <br />Kylee 0. Otto <br />Assistant City Attorney <br />AYES: Councilmembers Alvarez, Benavides Bustamante Martinez <br />Pulido. Tinajero (6) <br />NOES: Councilmembers <br />ABSTAIN: Councilmembers <br />NOT PRESENT: Councilmembers <br />Ordinance No. NS -2784 <br />Page 2 of 5 <br />None (0) <br />Sarmiento (1) <br />None (0) <br />