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H. Zoning Ordinance Amendment No. 2007-03 also came before the City <br />Council on May 18, 2009 for public hearing. This resolution incorporates <br />by reference, as though fully set forth herein, the ordinance in support of <br />this resolution and the findings made herein. <br />Section 2. The City Council has reviewed and considered the information <br />contained in the initial study and the mitigated negative declaration and mitigation <br />monitoring program for Environmental Review No. 2006-142 prepared with respect to this <br />Project. It is determined that, as required pursuant to the California Environmental Quality <br />Act ("CEQA") and the State CEQA Guidelines, a mitigated negative declaration and <br />mitigation monitoring program adequately addresses the expected environmental impacts <br />of this Project. On the basis of this review, the City Council finds that there is no evidence <br />from which it can be fairly argued that the project will have a significant adverse effect on <br />the environment with the implementation of the mitigation measures. The City Council <br />hereby certifies and approves the mitigated negative declaration and mitigation monitoring <br />program and directs that the Notice of Determination be prepared and filed with the <br />County Clerk of the County of Orange in the manner required by law. <br />Section 3. The City Council hereby, approves General Plan Amendment No. <br />2007-03. The pages changed in the Land Use Element (Exhibit A) are attached hereto <br />and incorporated herein by this reference as though fully set forth. This decision is <br />based upon the evidence submitted at the above said hearing, which includes but is not <br />limited to: the Request for Council Action dated May 18, 2009 and exhibits attached <br />thereto and the public testimony written and oral, all of which are incorporated herein by <br />this reference. <br />Section 4. This resolution shall not be effective unless and until Ordinance No. <br />NS-2784 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 does <br />not go into effect for any reason, then this resolution shall be null and void and have no <br />further force and effect. <br />Section 5. The City Council expressly reserves the right to modify, amend or <br />repeal this resolution at any time by adoption of a subsequent resolution. <br />Section 6. The Clerk of the Council shall attest to and certify the vote adopting <br />this Resolution. <br />ADOPTED this 18~h day of Mav <br />~nno <br />rnayvi <br />Resolution No. 2009-024 <br />Page 3 of 11 <br />