Laserfiche WebLink
Section 2. The City Council further finds and declares as follows: <br />A. The Public Interest and necessity require the project. <br />B. The proposed project is planned or located in a manner that will be the <br />most compatible with the greatest public good and least private injury. <br />C. The property interests sought to be acquired are necessary for the <br />proposed project. <br />D. An offer to purchase the property was made to the property owner of <br />record by the City, in accordance with Government Code section 7267.2. <br />E. All conditions and statutory requirements necessary to exercise the power <br />of Eminent Domain ("the right to take") to acquire the properties described <br />herein have been complied with by the City. <br />F. The City of Santa Ana has statutory authority to acquire the property by <br />eminent domain. <br />G. The use for which any publicly owned property is to be taken is a use that <br />will not unreasonably interfere with or impair the continuance of the public <br />use as it presently exists or may reasonably be expected to exist in the <br />future, and is therefore authorized by Code of Civil Procedure section <br />1240.510. <br />H. The use for which any publicly owned property is to be taken is a more <br />necessary public use than that to which the properties are currently <br />appropriated and the taking as to any publicly owned property is for a <br />more necessary public use consistent with and authorized by Code of Civil <br />Procedure section 1240.610. <br />Section 3. The City Council has, as a result of its consideration and the <br />evidence presented at the hearings on this matter, and in accordance with the California <br />Environmental Quality Act ("CEQA") and the State CEQA Guidelines, determined that <br />the proposed project has been adequately evaluated in the previously prepared <br />Environmental Impact Report/Environmental Impact Statement EIR No. 89.01 and aii <br />subsequent addenda. On the basis of this review, the City Council finds that there is no <br />evidence from which it can be fairly argued that the Project will have a significant <br />adverse effect on the environment. <br />Section 4. Pursuant to Title XIV, California Code of Regulations ("CCR") <br />section 735.5(c)(1), the City Council has determined that, after considering the record <br />as a whole, there is no evidence that the proposed project will have the potential for any <br />adverse effect on wildlife resources or the ecological habitat upon which wildlife <br />Resolution No. 2010-059 <br />Page 2 of 8 <br />