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<br />CWM:djm ll/06/89 (098/#25) <br />CWM:djm /29/89R <br />CWM:djm 12/04/89R <br /> <br />and the Second Amendment. <br /> <br />This alternative <br /> <br />is deemed infeasible because it may create a <br /> <br />specific situation where the Agency has <br /> <br />identified specific instances of blight which <br /> <br />it cannot then eradicate. <br /> <br />b. The Second Amendment addresses the concern <br /> <br />over the use of the power of eminent domain <br /> <br />in <br /> <br />two <br /> <br />ways: <br /> <br />(1) <br /> <br />exempting <br /> <br />therefrom <br /> <br />altogether, properties in residential use in <br /> <br />residential zones when the Second Amendment <br /> <br />is adopted, and (2) providing the further <br /> <br />protection to low-and moderate-income owners <br /> <br />and tenants of residential properties located <br /> <br />in areas not zoned residential, that a <br /> <br />substantial number of them will not be <br /> <br />displaced. <br /> <br />This protection is set forth in <br /> <br />the Second Amendment as a defense to an <br /> <br />eminent domain action by the Agency. <br /> <br />C. STATEMENT OF OVERRIDING CONSIDERATIONS. <br /> <br />The City Council and the Agency have carefully reviewed and <br /> <br />considered the Final EIR and are aware of the one adverse <br /> <br />environmental consequence there documented which cannot be <br /> <br />avoided if the Second Amendment is approved and implemented, <br /> <br />namely, an increase in the amount of traffic. <br /> <br />The City Council <br /> <br />and the Agency also are aware of the adverse environmental <br /> <br />consequence referred to in the Final EIR as <br /> <br />"land use <br /> <br />succession", which the Draft EIR stated could not be mitigated to <br /> <br />2l <br /> <br />11190 <br />