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building is situated requires modification in size, shape, or use, or (3) it is necessary to impose upon such property any of the standards, restrictions and controls of this Plan and the owner fails or refuses to participate in the Plan by executing a participation agreement." By Resolution No. 84-4, adopted on February 27, 1984, the Agency exempted the following property from acquisition by eminent domain for the duration of the Inter-City Commuter Station Redevelopment Plan or any amendment or extension thereof: (a) the property of Junior Lee Edwards located at 1110 N. Poinsettia Street; and (b) the property of Henry Lomakin located at 1041 Logan Street. In accordance with Ordinance No. NS-2289 (adopted on May 6, 1996, and effective on June 5, 1996), eminent domain proceedings to acquire property within the Inter City Commuter Station Redevelopment Project must be commenced no later than June 5, 2008. Section 3. CEQA. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review pursuant to California Code of Regulations, Title 14, Chapter 3, Section 15061(b)(3). The project has been evaluated and found to have no significant effect on the environment. A Notice of Exemption for Environmental Review No. 2007-83 will be filed for this project. Section 4. Severabilitv. If any sections, subsections, sentences, clauses, phrases or portions of this Ordinance are for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this and each section, subsection, sentence, clause, phrase or portion of this Ordinance whether or not any one or more sections, subsections, sentences, clauses, phrases or portions may be declared invalid or unconstitutional on their face or as applied. 3 50A-10