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WHEREAS, in accordance with Health and Safety Code Sections 33363, the City Council has evaluated all evidence and testimony for and against the adoption of the Amendment to the Redevelopment Plan; and WHEREAS, the adoption of this ordinance is exempt from environmental review under the California Environmental Quality Act pursuant to Public Resources Code section 21065 based on the finding that this Ordinance is not a "project" within the meaning of Section 15378 of the State CEQA Guidelines, because it has no potential for resulting in physical change in the environment, and, in addition, the Agency prepared an Environmental Impact Report for the Redevelopment Plan pursuant to Public Resources Code section 21 151 and Health and Safety Code section 33352 and pursuant to Public Resources Code section 21090 and CEQA Guidelines section 15180, no substantial changes or new information of substantial importance has been received that would require subsequent environmental review; and WHEREAS, the condemnation of real property provided for in the Redevelopment Plan is necessary to the execution of the Redevelopment Plan and adequate provisions have been made for payment for property to be acquired as provided by law. This finding is based upon the need to assemble sites for certain public facilities, to assemble developable units for economic activity and to prevent the recurrence of blight; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN LEANDRO DOES ORDAIN AS FOLLO \VS: Section 1: Section 403 of the Redevelopment Plan shall be amended to add the authority of eminent domain to limited numbers of commercially and industrially zoned parcels, as specified in the underlined text set forth in Section 1 of this Ordinance. Section 403 of the Redevelopment Plan is hereby amended as follows: "The Agency may purchase, lease, obtain option upon or otherwise acquire any interest in real property located in the Project Area by gift, devise, exchange, purchase, or any other means authorized by law. The Agency will, in the unincorporated areas of the Project, have the power of eminent domain to acquire commercial or industrial properties so zoned on the effective date of the adopting ordinance for this project and properties in the area north of East Lewelling 13oulevard, east of Western Pacific Railroad right -of -way. In the incorporated portion of the Project Area, the Agency will have the power of eminent domain to acquire all properties listed on Exhibits A and 13 attached to Ordinance No. 95 -039, Amendment No. 2 to the Plan, and Exhibits C and 1) attached to Ordinance No. 96 -04, an Amendment to Amendment No, 2 (also identified as Amendment No. 3 to the Plan), on the effective date of the ordinance adopting Amendment No. 2 to the Redevelopment Plan for this Project. The Agency will also retain the power of eminent domain on a limited number of industrially and commercially zoned property, so zoned on the effective date of the adopting 2 -4