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Project. The City Council has, as a result of its consideration and the evidence presented <br />at the hearings on this matter, determined that, as required pursuant to the California <br />Environmental Quality Act ("CEQA") and the State CEQA Guidelines, a previously <br />prepared Negative Declaration (ER 2003-45) adequately addresses the expected <br />environmental impacts of this Project. On the basis of this review, the City Council finds <br />that there is no evidence from which it can be faidy argued that the Project will have a <br />significant adverse effect on the environment. The City Council hereby approves use of <br />this previously adopted negative declaration and directs that the Notice of Determination <br />be prepared and filed with the County Clerk of the County of Orange in the manner <br />required by law. <br /> <br /> Pursuant to Title XIV, California Code of Regulations ("CCR") § 735.5(c)(1 ), the City <br />Council has determined that, after considering the record as a whole, there is no evidence <br />that the proposed project will have the potential for any adverse effect on wildlife resources <br />or the ecological habitat upon which wildlife resources depend. The proposed project <br />exists in an urban environment characterized by paved concrete, roadways, surrounding <br />buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.2 and <br />Title XIV, CCR § 735.5(a)(3), the payment of Fish and Game Department filing fees is not <br />required in conjunction with this project. <br /> <br /> Section 3. The City of Santa Ana ("the City"), as a result of said hearing, has <br />determined that the public interest, necessity, health, safety and welfare require the <br />acquisition by the City of Santa Ana of the specified interests in a portion of that certain <br />real property located at 3329-3365 South Bristol Street, Santa Aha, California consisting <br />of approximately 422 square foot of property to be acquired in fee title (for right of way <br />purposes), together with approximately 619 square foot temporary landscape easement <br />and 1,483 square foot temporary construction easement (collectively referred to as "the <br />Property"). The Property is situated in the City of Santa Aha, County of Orange, State of <br />California, and more particularly described in Exhibit "A" which is attached hereto and <br />incorporated herein by reference and made a part hereof as though fully set forth <br />herein, for the public purposes hereafter set forth. <br /> <br /> Section 4. The City hereby finds, determines and declares that the public <br />interest, convenience and necessity require the acquisition by said City of the Property <br />for the purposes of the completing the Bristol Street and MacArthur Boulevard <br />Intersection Project ("the Project") and related improvements. The location of the Project <br />is on Bristol Street and MacArthur Boulevard. Included in the project will be street pave- <br />out, and the installation of concrete curbs, gutters, sidewalks, and raised median in a <br />manner which will be most compatible to the greatest public good and the least private <br />injury. <br /> Section 5. The taking of t he interest i n said Property a s a bore described is <br />necessary for the public right of way and is authorized by Section 19 of Article I of the <br />California Constitution, Section 200 of the Santa Ana Charter, Santa Ana Municipal <br />Code §41-781; California Code of Civil Procedure sections 1240.010, 1240.110, <br />California Government Code sections 37350.5 and 40404, California Streets and <br />Highways Code sections 943, 5100, 5101,5101.5, 5102, and other applicable law. <br /> <br />Resolution No. 2003-038 <br />Page 2 of 12 <br /> <br /> <br />