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Ord 1999-029
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Ord 1999-029
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8/31/2010 11:41:50 AM
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8/31/2010 11:41:50 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Ordinance
Document Date (6)
10/4/1999
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PERM
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WHEREAS, in accordance with Health and Safety Code Sections 33363, the City <br /> Council has evaluated all evidence and testimony for and against the adoption of the <br /> Amendment to the Redevelopment Plan; and <br /> WHEREAS, the adoption of this ordinance is exempt from environmental review <br /> under the California Environmental Quality Act pursuant to Public Resources Code <br /> section 21065 based on the finding that this Ordinance is not a "project" within the <br /> meaning of Section 15378 of the State CEQA Guidelines, because it has no potential for <br /> resulting in physical change in the environment, and, in addition, the Agency prepared an <br /> Environmental Impact Report for the Redevelopment Plan pursuant to Public Resources <br /> Code section 21 151 and Health and Safety Code section 33352 and pursuant to Public <br /> Resources Code section 21090 and CEQA Guidelines section 15180, no substantial <br /> changes or new information of substantial importance has been received that would <br /> require subsequent environmental review; and <br /> WHEREAS, the condemnation of real property provided for in the <br /> Redevelopment Plan is necessary to the execution of the Redevelopment Plan and <br /> adequate provisions have been made for payment for property to be acquired as provided <br /> by law. This finding is based upon the need to assemble sites for certain public facilities, <br /> to assemble developable units for economic activity and to prevent the recurrence of <br /> blight; and <br /> NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN <br /> LEANDRO DOES ORDAIN AS FOLLO \VS: <br /> Section 1: Section 403 of the Redevelopment Plan shall be amended to add the <br /> authority of eminent domain to limited numbers of commercially and industrially zoned <br /> parcels, as specified in the underlined text set forth in Section 1 of this Ordinance. <br /> Section 403 of the Redevelopment Plan is hereby amended as follows: <br /> "The Agency may purchase, lease, obtain option upon or otherwise acquire any <br /> interest in real property located in the Project Area by gift, devise, exchange, <br /> purchase, or any other means authorized by law. The Agency will, in the <br /> unincorporated areas of the Project, have the power of eminent domain to acquire <br /> commercial or industrial properties so zoned on the effective date of the adopting <br /> ordinance for this project and properties in the area north of East Lewelling <br /> 13oulevard, east of Western Pacific Railroad right -of -way. In the incorporated <br /> portion of the Project Area, the Agency will have the power of eminent domain to <br /> acquire all properties listed on Exhibits A and 13 attached to Ordinance No. <br /> 95 -039, Amendment No. 2 to the Plan, and Exhibits C and 1) attached to <br /> Ordinance No. 96 -04, an Amendment to Amendment No, 2 (also identified as <br /> Amendment No. 3 to the Plan), on the effective date of the ordinance adopting <br /> Amendment No. 2 to the Redevelopment Plan for this Project. The Agency will <br /> also retain the power of eminent domain on a limited number of industrially and <br /> commercially zoned property, so zoned on the effective date of the adopting <br /> 2 <br /> -4 <br />
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