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Environmental Quality Act ("CEQA") and the State CEQA Guidelines, a Negative Declaration adequately addresses the expected environmental impacts of this Ordinance. On the basis of this review, the City Council finds that there is no evidence from which it can be faidy argued that the project will have a significant adverse effect on the environment. The City Council hereby certifies and approves the negative declaration and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Pursuant to Title XIV, California Code of Regulations ("CCI=,") § 735.5(c)(1 ), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resoumes or the ecological habitat upon which wildlife resoumes depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 3. Section 41-781 is added to Chapter 41 of the Santa Ana Municipal Code to read in full as follows: Sec. 41-781. Requirement of Landscape Strip As Part of Street Widening. (a) Whenever City acquires a portion of a parcel along street frontage for a street widening or other public works project, the City shall also acquire an interest in the real property sufficient to allow a landscape-only strip behind the sidewalk that is of a width that conforms to the then current City standard for the parcel. (b) The City Manager may authorize exceptions to this section on a case- by-case basis, in consultation with the City Council. Section 4. 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. ADOPTED this 1st day of October, 2001. Ordinance No. NS-2478 Page 2 of 3