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CWM:djm 11/06/89 (098/#25) <br /> CWM:djm 11/29/89R <br /> CWM:djm 12/04/89R <br /> <br /> and the Second Amendment. This alternative <br /> is deemed infeasible because it may create a <br /> specific situation where the Agency has <br /> identified specific instances of blight which <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 /> in two ways: (1) exempting therefrom <br /> altogether, properties in residential use in <br /> residential zones when the Second Amendment <br /> is adopted, and (2) providing the further <br /> protection to low-and moderate-income owners <br /> and tenants of residential properties located <br /> in areas not zoned residential, that a <br /> substantial number of them will not be <br /> displaced. This protection is set forth in <br /> the Second Amendment as a defense to an <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 />environmental consequence there documented which cannot be <br />avoided if the Second Amendment is approved and implemented, <br />namely, an increase in the amount of traffic. The City Council <br />and the Agency also are aware of the adverse environmental <br />consequence referred to in the Final EIR as "land use <br />succession", which the Draft EIR stated could not be mitigated to <br /> <br /> 21 <br /> <br /> <br />