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F. Whether the City has statutory authority to acquire the properties by <br />eminent domain. <br />Section 2. 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 <br />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. 98-01 and all subsequent addenda. In accordance with <br />National Environmental Policy Act, an Environmental Assessment document with <br />a Finding of No Significant Impact was prepared for the proposed project and <br />approved by the California Department of Transportation and Federal Highway <br />Administration in 2011. <br />On the basis of this review, the City Council finds that there is no evidence <br />from which it can be fairly argued that the Project will have a significant adverse <br />effect on the environment. <br />Section 3. Pursuant to Title XIV, California Code of Regulations ("CCR") <br />§ 753.5(c)(1), the City Council has determined that, after considering the record as <br />a whole, there is no evidence that the proposed project will have the potential for <br />any adverse effect on wildlife resources or the ecological habitat upon which wildlife <br />resources depend. The proposed project exists in an urban environment <br />characterized by paved concrete, roadways, surrounding buildings and human <br />activity. Therefore, pursuant to Fish and Game Code § 711.4 (c)(2)(A) and Title <br />XIV, CCR § 753.5(a)(3), the payment of Fish and Game Department filing fees is <br />not required in conjunction with this project. <br />Section 4. 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 real property <br />located at 1221 E. THIRD STREET (APN 398-385-05) in the City of Santa Ana, <br />California, including the OUTDOOR POSTER PANEL (FACE #004517 & <br />004518) located at 1221 E. THIRD STREET (the Properties). The Properties are <br />situated in the City of Santa Ana, County of Orange, State of California, and <br />more particularly described in Exhibit "A" and "B" which are 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 5. The City hereby finds, determines and declares that the <br />public interest, convenience and necessity require the acquisition by said City of <br />the Properties described in Section 4 above, including any and all leaseholds and <br />related improvements for the purposes of the Grand Avenue Widening Project <br />Resolution No. 2013-004 <br />Page 2 of 6