75D - PH - ACQUISITION 1922 AND 2002 W 5TH ST

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Assessment document with a Finding of No Significant Impact was prepared for the proposed project and approved by the Federal Transit Administration in 2015. 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. Section 3. Pursuant to Title XIV, California Code of Regulations ("CCR") § 753.5(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 § 711.4(c)(2)(A) and Title XIV, CCR § 753.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 4. The City of Santa Ana hereby finds and determines each of the following: A. The public interest and necessity require the proposed project. B. The proposed project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. C. The properties located at 1922 (also known as 2006) & 2002 W. Fifth Street (APN 007-100-04 & 007-100-05), as described in Exhibit A and graphically depicted in Exhibit B, are necessary for the proposed project. D. The offer required by section 7267.2 of the California Government Code was made. Section 5. The City hereby finds, determines and declares that the public interest, convenience and necessity require the acquisition by the City of the property described in Section 4 above, including any and all leaseholds and related improvements, for the purposes of the Orange County Transportation Authority ("OCTA") and the City of Santa Ana joint project that proposes to construct a modern streetcar system connecting the Santa Ana Regional Transportation Center to Harbor Boulevard and Westminster Avenue in the City of Garden Grove, also known as the Orange County Streetcar Project ("Project'). Section 6. The taking of the interest in the properties described in Section 4 above is 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; California Code of Civil Procedure sections 1240.010, 1240.110; California Government Code sections 37350.5 and 40404; and other applicable law. Resolution No. 2017 -XXX Page 2 of 6 75D-152