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<br />proposed project has been adequately evaluated in the previously prepared Environmental <br />Impact Report / Environmental Impact Statement EIR No,89-01, On the basis of this <br />review, the City Council finds that there is no evidence from which it can be fairly argued <br />that the Project will have a significant adverse effect on the environment. <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 114 South Bristol Street in the City of Santa Ana, California <br />consisting of approximately 14, 716 square feet of property to be acquired in fee title for <br />right of way purposes, (referred to as "the Property") The Property is situated in the City <br />of Santa Ana, County of Orange, State of California, and more particularly described in <br />Exhibit "A" which is attached hereto and incorporated herein by reference and made a <br />part hereof as though fully set forth 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 Bristol Street Redevelopment Project ("the Project") and related <br />improvements, The location of the Project is between Pine Street and Third Street for <br />the widening of Bristol Street. Included in the project will be street pave-out, and the <br />installation of concrete curbs, gutters, sidewalks, and raised median in a manner which <br />will be most compatible to the greatest public good and the least private injury. <br /> <br />Section 5. The taking of the interest in said Property as above 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 section 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 />Section 6. The offer required by Government Code section 7267,2 were made <br />to the appropriate party or parties on or about March 4, 2004, <br /> <br />Section 7, Excepting the portion of the Property for which the City will acquire <br />only a temporary construction easement, the City hereby declares that it is the intention <br />of the City of Santa Ana to acquire in its name, in accordance with the provisions of the <br /> <br />Resolution No. 2004-037 <br />Page 2 of 6 <br /> <br />. <br /> <br />. <br /> <br />. <br />