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<br />Response: <br /> <br />The Legal Aid Society letter declares that "A <br />Second Amendment is a finding of blight.. .which <br />must satisfy a two-pronged test: (1) the area must <br />constitute a serious social or economic burden on <br />the community, which cannot be alleviated by <br />private enterprise alone, and (2) one or more of <br />the characteristics of blight...must exist." This <br />statement is not accurate because Section 33030 of <br />the Health and Safety Code in fact states that "A <br />blighted area is one which is characterized by one <br />or more of those conditions set forth in Sections <br />33031 or 33032, causing a reduction of, or lack <br />of, proper utilization of the area to such an <br />extent that it constitutes a serious physical <br />(emphasis added), social or economic burden on the <br />communi ty which cannot reasonably be expected to <br />be reversed or alleviated by private enterprise <br />acting along." <br /> <br />The discussion of social maladjustment in the <br />Report to City Council does not conclude the <br />following, as implied by the Legal Aid Society <br />letter: that low and moderate income households <br />are detrimental and that affordable rental housing <br />is a negative factor. The discussion of social <br />maladjustment in the Report to City Council <br />suggest that the income levels of Amendment Area <br />residents and a lack of affordable housing has led <br />to overcrowded housing conditions in the Amendment <br />Area and that these same conditions could not <br />support new private investment into the area's <br />housing stock. Parts III and IV of the Report <br />identify the Agency's set-aside of 20 percent of <br />all tax increment funds as a redevelopment tool <br />that will help to improve housing conditions in <br />the Amended Project Area. <br /> <br />The Report to City Council does not attempt to <br />justify the Second Amendment solely on the basis <br />of building deterioration and dilapidation. <br />Deterioration and dilapidation is only one of <br />several types of physical conditions such as, <br />defective design and character of physical <br />construction, age and obsolescene, mixed character <br />of buildings and shifting uses, faulty interior <br />arrangement and exterior spacing, lots of <br />irregular form, shape and size and inadequate <br />public improvements, which is examined in the <br />Report and which are shown to adversely affect the <br />Amendmen t Area. For examp Ie , 10 percent 0 f the <br />structures surveyed require major rehabilitation <br />and another 31 percent exhibit a lack of proper <br /> <br />3 <br /> <br />11191 <br />