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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 April 4, 2011, <br />and exhibits attached thereto; 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 that was approved and adopted by resolution by <br />the 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 does not <br />go 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 inconsistent entitlements are hereby null and void and of no further force and <br />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 April, 2011. <br />Miguel A. Pulido <br />Mayor <br />APPROVED AS TO FORM: <br />Joseph Straka, City Attorney <br />By: <br />Ryan O. Hodge <br />Assistant City Attorney <br />Resolution No. 2011- <br />758-190 Page 6 of 15