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California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, <br />determined that the proposed project has been adequately evaluated in the <br />previously prepared Environmental Impact Report/Environmental Impact <br />Statement EIR No. 89.01 and all subsequent addenda. On the basis of this <br />review, the City Council finds that there is no evidence from which it can be fairly <br />argued that the Project will have a significant adverse effect on the environment. <br />Pursuant to Title XIV, California Code of Regulations ("CCR") § 735.5(c)(1), <br />the City Council has determined that, after considering the record as a whole, there <br />is no evidence that the proposed project will have the potential for any adverse <br />effect on wildlife resources or the ecological habitat upon which wildlife resources <br />depend. The proposed project exists in an urban environment characterized by <br />paved concrete, roadways, surrounding buildings and human activity. Therefore, <br />pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5(a)(3), the <br />payment of Fish and Game Department filing fees is not required in conjunction <br />with this project. <br />Section 3. The City of Santa Ana ("the City"), as a result of said <br />hearing, has determined that the proposed project is planned or located in a <br />manner that will be the most compatible with the greatest public good and least <br />private injury and that the public interest, necessity, health, safety and welfare <br />require the acquisition by the City of Santa Ana of that certain OUTDOOR <br />POSTER PANEL (FACE # 003981) LOCATED AT 311 N. BRISTOL STREET <br />located in the City of Santa Ana, California ("the "Property"). The Property is <br />situated in the City of Santa Ana, County of Orange, State of California, and <br />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 />Section 4. The City hereby finds, determines and declares that the <br />public interest, convenience and necessity require the acquisition by said City of <br />the Property described in Section 3 above for the purposes of the Bristol Street <br />Widening Project ("the Project") and related improvements. The location of the <br />Project is between Third Street and Civic Center Drive for the widening of Bristol <br />Street. Included in the project will be street pave-out, and the installation of <br />concrete curbs, gutters, and sidewalks in a manner which will be most <br />compatible to the greatest public good and the least private injury. <br />Section 5. The taking of the interest in said Property as described in <br />Section 3 above is necessary for the public right of way and is authorized by <br />Section 19 of Article I of the California Constitution, Section 200 of the Santa Ana <br />Charter, Santa Ana Municipal Code § 41-781; California Code of Civil Procedure <br />section 1240.010, 1240.110, Section 19 of Article 1 of the California Constitution <br />and California Government Code sections 37350.5 and 40404, California Streets <br />and Highways Code sections 943, 5100, 5101, 5101.5, 5102, and other <br />applicable law. <br />Resolution No. 2011-088 <br />Page 2 of 5 <br />