2003-038 - Acquisition of Certain Real Property Located at 3329-3365 South Bristol Street

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Project. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, a previously prepared Negative Declaration (ER 2003-45) adequately addresses the expected environmental impacts of this Project. On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the Project will have a significant adverse effect on the environment. The City Council hereby approves use of this previously adopted 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 ("CCR") § 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 resources or the ecological habitat upon which wildlife resources 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. The City of Santa Ana ("the City"), as a result of said hearing, has determined that the public interest, necessity, health, safety and welfare require the acquisition by the City of Santa Ana of the specified interests in a portion of that certain real property located at 3329-3365 South Bristol Street, Santa Ana, California consisting of approximately 422 square foot of property to be acquired in fee title (for right of way purposes), together with approximately 619 square foot temporary landscape easement and 1,483 square foot temporary construction easement (collectively referred to as "the Property"). The Property is situated in the City of Santa Ana, County of Orange, State of California, and more particularly described in Exhibit "A" which is attached hereto and incorporated herein by reference and made a part hereof as though fully set forth herein, for the public purposes hereafter set forth. Section 4. The City hereby finds, determines and declares that the public interest, convenience and necessity require the acquisition by said City of the Property for the purposes of the completing the Bristol Street and MacArthur Boulevard Intersection Project ("the Project") and related improvements. The location of the Project is on Bristol Street and MacArthur Boulevard. Included in the project will be street pave- out, and the installation of concrete curbs, gutters, sidewalks, and raised median in a manner which will be most compatible to the greatest public good and the least private injury. Section 5. The t aking o f t he i nterest i n s aid P roperty a s a bove d escribed i s necessary for the public right of way and is authorized by Section 19 of Article I of the California Constitution, Section 200 of the Santa Ana Charter, Santa Ana Municipal Code § 41-781; California Code of Civil Procedure sections 1240.010, 1240.110, California Government Code sections 37350.5 and 40404, California Streets and Highways Code sections 943, 5100, 5101, 5101.5, 5102, and other applicable law. Resolution No. 2003-038 Page 2 of 12