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HomeMy WebLinkAboutAgenda Packet 06/29/1999 AMENDED AGENDA SPECIAL MEETING CITY OF ATASCADERO JOINT CI ry COUNCIL / REDEVELOPMENT AGENCY TUESDAY,JUNE 29, 1999, 7:00 p.m. City of Atascadero 6500 Palma Avenue, 4`h floor Atascadero, California CALL TO ORDER: PLEDGE OF ALLEGIANCE Mayor/Chairman Johnson ROLL CALL: Mayor/Chairman Johnson Mayor Pro Tem/Vice Chairman Arrambide Council Member/Board Member Clay • Council Member/Board Member Lerno Council Member/Board Member Luna APPROVAL OF A ENDA: Roll Call COMMUNITY FORUM: PUBLIC HEARINGS: Redevelopment Plan Atascadero Redevelopment Project Area (Staff recommendation: Agency Board and City Council conduct public hearing and receive testimony regarding the Redevelopment Plan. Following the close of the public hearing, staff recommends the following: 1. Agency Board adopt Resolution No. RA 1999-003 .making findings as to the Final Environmental Itypact Report for the Atascadero Redevelopment Plan 2. City Council adopt Resolution No. 1999-039 making findings and certifying the Final Environmental Iapact Report for the Atascadero Redevelopment Plan 3. Agency Board adqpt Resolution No. RA 1999-004 approving Rules for Owner Participation and Method of R ocation for displaced persons or businesses. 4. City Council adopt Resolution No. 1999-040 electing to receive a proportionate share of pass through tax for the Atascadero Redevelopment Project Area 5. City Council adopt Resolution No. 1999-041 finding that the use of taxes allocated from the project area for the purpose of improving and increasing the community's supply of low and moderate income housing outside the Project Area will be of benefit to the Project 6. Agency Board adopt Resolution No. RA 1999-005 approving and adopting the Redevelopment Plan for the Atascadero Redevelopment Project. 7. City Council adopt Resolution No. 1999-042 approving and adopting the Redevelopment Plan for the Atascadero Redevelopment Project. 8. City Council introduce on first reading, and waiving reading in full, Ordinance No. 362 approving and adopting the Redevelopment Plan for the Atascadero Redevelopment Project.) [Paul SaldanaJ ADJOURNMENT: THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY WILL ADJOURN TO THE NEXT SCHEDULED REGULAR SESSION.ON JULY 13, 1999. I Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the City Clerk(Room 208),and in the Information Office(Room 103),available for public inspection during City Hall business hours. An agenda packet is also available for public review at the Atascadero Library,6850 Morro Road. In compliance with the Americans with Disabilities Act,if you need special assistance to participate in a City meeting or other services offered by this City,please contact the City Manager's Office,(805)461-5010,or the City Clerk's Office,(805)461-5074. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the • meeting or service. II DATE: 06/29/99 iaia p 19 City Man ger's Agenda Report Wade G. McKinney Redevelopment Plan Atascadero Redevelopment Project Area RECOMMENDATION: Staff recommends Agency Board and City Council conduct public hearing and receive testimony regarding the Redev lopment Plan. Following the close of the public hearing: 1. Agency Board adopt Resolution RA1999-003 making findings as to the Final Environmental Impact Report for the Atascadero Redevelopment Plan 2. City Council adopt Resolution 1999-039 making findings and certifying the Final Environmental Impact Report for the Atascadero Redevelopment Plan 3. Agency Board adopt Resolution RA1999-004 approving Rules for Owner Participation and Method f Relocation for displaced persons or businesses. 4. City Council Adopt Resolution 1999-040 electing to receive a proportionate share of pass through taxes for the Atascadero Redevelopment Project Area 5. City Council Resolution 1999-041 finding that the use of taxes allocated from the project area for the purpose of improving and increasing the community's supply of low and moderate in me housing outside the Project Area will be of benefit to the Project 6.` Agency Board adopt Resolution RA1999-005 approving and adopting the Redevelopm nt Plan for the Atascadero Redevelopment Project. 7. City Council adopt Resolution 1999-042 approving and adopting the Redevelopment Plan for the ktascadero Redevelopment Project. 8. City Council. introduce on first reading, and waiving reading in full, Ordinance No. 362 approving a d adopting the Redevelopment Plan for the Atascadero Redevelopment Project {0170001 DATE: 06/29/99 DISCUSSION: On May 25, 1999, the Agency Board of Directors adopted Resolution 1999-001 approving and adopting the Report to the City Council and together with the Proposed Redevelopment Plan and the Final Environmental Impact Report transmitted them to the City Council for review and consideration at tonight's public hearing. The City Council and Agency Board of Directors set this evening as the time and place for the public hearing as required by California Redevelopment Law for the purposes of consideration of adoption of the Redevelopment Plan and other related actions to enact the plan. The analysis of the redevelopment plan and the information required for the City Council to consider in adopting the Redevelopment Plan are contained within the "Report to Council" (received by the Council on May 25). The Report meets the statutory requirements of Section 33352 of the Health& Safety Code. The Redevelopment Plan and Report to the City Council have been prepared in accordance with State law and have been developed with the consultation of the public and effected taxing entities. The Redevelopment Plan reflects the priorities contained within the preliminary plan and are designed to ensure that effective redevelopment activities occur during its implementation. The following summarizes the actions being enacted by the recommended actions. • Agency Resolution RA1999-003 Makes findings and certifies the EIR for the Redevelopment Project. (Attachment A) • City Council Resolution 1999-039 Makes findings and certifies the EIR for the Redevelopment Project. (Attachment B) • Agency Resolution RA1999-004 Approves rules governing owner participation and relocation of persons and businesses affected by redevelopment projects. (Attachment C) • City Council Resolution 1999-040 City action electing to receive its share of tax increment revenue. (Attachment D) • City Council Resolution 1999-041 Approves the use of low and moderate-income housing funds outside of the project area boundaries. (Attachment E) • Agency Resolution RA1999-005 Approves the Redevelopment Plan and accompanying Implementation Plan. (Attachment F) • City Council Resolution 1999-042 Approves the Redevelopment Plan and accompanying Implementation Plan. (Attachment G) • Ordinance No. 362 Enacts the Redevelopment Plan in the project area.(Attachment H) 000002 RESOLUTION NO. RA 1999-003 RESOLUTION OF THE ATASCADERO REDEVELOPMENT AGENCY MAKING FINDINGS AS TO THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE ATASCADERO REDEVELOPMENT PLAN (SCH NO. 99011002) WHEREAS, an Environmental Impact Report (the "EIR") (SCH No. 99011002) was prepared for the Atascadero Redevelopment Plan(the"Project")by the Atascadero Redevelopment Agency (the "Agency") pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.), the Guidelines for Implementation of the California Environmental Quality Act (14 Cal. Code Regs. Section 15000 et seq., hereinafter the "CEQA Guidelines") and local procedures adopted by the Agency pursuant thereto; and WHEREAS,the Agency, as lead agency under CEQA, issued a Notice of Preparation of an EIR on January 4, 1999 for the period prescribed by State and local regulations and comments were received; and WHEREAS, a Notice of Completion of the Draft EIR was filed with the State Clearinghouse on March 8, 1999; and WHEREAS, copies of the Draft EIR were distributed to the State Clearinghouse and to p g those public agencies which have jurisdiction by law with respect to the Project and to other interested persons and agencies, and the comments of such persons and agencies were sought; and WHEREAS,the Atascadero Planning Commission reviewed the proposed Redevelopment Plan and the draft EIR on April 6, 1999 and has recommended approval of the Project, and received comments from the public on the Draft EIR; and, WHEREAS,the Draft EIR was thereafter revised to adopt changes suggested,to incorporate comments received on the Draft EIR and the City's response to said comments, and as so revised, a Final EIR was prepared and submitted to the Agency; and WHEREAS, a public hearing was held by the Agency on June 29, 1999 on the Redevelopment Plan and the Final EIR relating thereto,following notice duly and regularly given as required by law, and all interested persons expressing a desire to comment thereon or object thereto having been heard, and said Final EIR and all comments and responses thereto having been considered; and, WHEREAS,the EIR was prepared by an independent Redevelopment Consultant and the City and Agency have reviewed the EIR for conformance with local regulations, conditions and factual accuracy, as required by State law; and, 000004 Atascadero Redevelopment Agency Resolution No.RA 1999-003 Page 2 of 15 WHEREAS,the final EIR consists of the draft EIR, as revised and supplemented, is made a part of the Agency's Report on the Redevelopment Plan, incorporating all comments received and the response of the Agency and the Council thereto as of the date hereof. NOW,THEREFORE,THE ATASCADERO REDEVELOPMENT AGENCY DOES RESOLVE ASFOLLOWS: Section 1. The Agency hereby certifies that the final EIR for the Project has been completed in compliance with the California Environmental Quality Act, the CEQA Guidelines and local procedures adopted by the Agency pursuant thereto. Section 2. The Agency has evaluated all comments,written and oral,received from persons who have reviewed the draft EIR. Section 3. The Agency hereby finds that the following environmental effects will occur: Effects Found Not To Be Significant: ■ Compatibility with the Atascadero General Plan or zoning. ■ Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project. ■ Be incompatible with existing land use in the vicinity. ■ Affe t agricultural resources or operations (e.g. impacts to soils or farmlands, or impacts from incompatible land uses). ■ Disrupt or divide the physical arrangement of an established community(including a low-income or minority community). ■ Cumulatively exceed official regional or local population projections. ■ Indu e substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure). ■ Displace existing housing, especially affordable housing. Faul rupture. ■ Seis nic ground shaking. ■ Seic e, tsunami, or volcanic hazard. ■ Landslides or mudflows. ■ Erosion, changes in topography or unstable soil conditions from excavation, grad ng or fill. ■ Sub idence of the land. ■ Exp nsive soils. ■ Unic ue geologic or physical features. ■ Cha'ges in absorption rates, drainage patters, or the rate and amount of surface runoff. ■ Exposure of people or property to water related hazards such as flooding. 000005 Atascadero Redevelopment Agency Resolution No.RA 1999-003 Page 3 of 15 ■ Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity). ■ Changes in the amount of surface water movements. ■ Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability. ■ Altered direction of rate of flow of groundwater. ■ Impacts to groundwater quality. ■ Substantial reduction in the amount of groundwater otherwise available for public water supplies. ■ Expose sensitive receptors to pollutants. ■ Alter air movement, moisture, or temperature,or cause any change in climate. ■ Create objectionable odors. ■ Increased vehicle trips or traffic congestion. ■ Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment). ■ Inadequate emergency access or access to nearby uses. ■ Insufficient parking capacity on-site or off-site. ■ Hazards or barriers for pedestrians or bicyclists. ■ Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks). . ■ Rail, waterborne or air traffic impacts. ■ Endangered,threatened or rare species or their habitats(including but not limited to plants, fish, insects, animals, and birds). ■ Locally designated species (e.g. heritage trees). ■ Locally designated natural communities (e.g. Oak Forest, coastal habitat, etc). ■ Wetland habitat(e.g. marsh,riparian and vernal pool). ■ Conflict with adopted energy conservation plans. ■ Use non-renewable resources in a wasteful and inefficient manner. ■ Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State. ■ A risk of accidental explosion or release of hazardous substances (including but not limited to: oil, pesticides, chemical, or radiation). ■ Possible interference with an emergency response plan or emergency evacuation plan. ■ The creation of any health hazard or potential health hazard. ■ Exposure of people to existing sources of potential health hazards. ■ Increased fire hazard in areas with flammable brush, grass, or trees. ■ Increases in existing noise levels. ■ Exposure of people to severe noise levels. ■ Fire protection. ■ Police protection. 000006 Atascadero Redevelopment Agency Resolution No.RA 1999-003 Page 4 of 15 ■ Schools. ■ Maintenance of public facilities, including roads. ■ Other governments service. ■ Pow r or natural gas. Con munications systems. ■ Loc 1 or regional water treatment or distribution facilities. ■ Sew or septic tanks. ■ Sto water drainage. ■ Solid waste disposal. ■ Local or regional water supplies. ■ Affect a scenic vista or scenic highway. ■ Have demonstrable negative aesthetic effect. ■ Cre to light or glare. ■ Dist rb paleontological resources. ■ Dist irb archaeological resources. ■ Affect historical resources. ■ Have the potential or cause a physical change which would affect unique ethnic culti ral values. ■ Restrict existing religious or sacred uses within the potential impact area. ■ Increase the demand for neighborhood or regional parks or other recreational facilities. ■ Affe-,t existing recreational opportunities. Significant Irreversible Environmental Changes: Development of the Project Area will commit non-renewable resources during construction, and ongoing utility services provided to it. Energy resources and building materials consumed during construction will essentially be irreversible and irretrievable. Substantial amounts of energy and other natural resources will be consumed during the life of the Redevelopment Plan. These resources will not, however, be consumed in amounts significantly greater than those analyzed in the 1991 Atascadero General Plan Land Use Plan EIR(SCH No. 90011080) and the 1993 Atascadero General Plan Circulation Element EIR (SCH No. 92101098). Cumulative Impacts: The Final IR found that no additional environmental impacts would result from the implementation of the proposed Redevelopment Plan other than those previously analyzed and considered in the 1991 Atascadero General Plan Land Use Plan EIR and the 1993 Atascadero General Plan Circulation Element EIR. The 1991 Land Use Plan EIR, incorporated by reference in the Final EIR, found that there were several significant cumulative or unavoidable impacts: 000007 Atascadero Redevelopment Agency Resolution No.RA 1999-003 Page 5 of 15 ■ Cumulative deterioration of air quality in the region. ■ Buildout of the plan area would exceed capacity of local schools.. ■ Increased energy and water use. Loss of wildlife habitat and grazing lands. ■ Increased pressure to develop buildable sites Impacts that could be mitigated to a less than significant level were: ■ Short-term air quality impacts from construction. ■ Long term air quality impacts from buildout of the plan area. ■ Additional truck traffic through the downtown and residential areas. ■ Increased average daily flow of sewage. ■ Need for additional police officers and fire protection service. ■ Increased solid waste generation. ■ Insufficient revenues to maintain current levels of service. ■ Increased traffic volumes and degradation of levels of service. ■ Insufficient water production. ■ Loss of wildlife habitat and archaeological artifacts. The 1993 Circulation Element EIR, also incorporated by reference in the Final EIR, found that there were no significant unavoidable impacts. Impacts that could be mitigated to a less than significant level or were found to be less than significant were: ■ Stability of roadway structures affected by seismic shaking. ■ Increased storm drainage and erosion. ■ Short- and long-term air quality impacts. ■ Increased light and glare. ■ Lack of funding and staffing for road construction projects. ■ Disturbance of cultural artifacts. ■ Traffic hazards to schools. ■ Consumption of energy. All impacts identified in the Final EIR as significant or potentially significant can be mitigated to a level that is less than significant through the adoption and implementation of mitigation measures recommended in the Final EIR and as attached in Exhibit A. Other unavoidable impacts attributable to implementation of the proposed project have either been determined to be less than significant, or are mitigated to less than significant levels by measures in existing plans. Land uses and population density will remain controlled by the Atascadero General Plan, its Elements, and Atascadero Downtown Master Plan. These include residential uses; commercial, including neighborhood, community-level and service commercial uses; 000008 Atascadero Redevelopment Agency Resolution No.RA 1999-003 Page 6 of 15 industrial uses; and public facilities. The type, size, height and density of commercial, industrial or other structures will continue to be determined by applicable federal, state and local statutes, the General Plan, ordinances and regulations as they currently exist and are amended from time to time. Overall, it is anticipated that population densities in the project area will generally continue in conformance with existing patterns. Generally, the existing street pattern will be retained unchanged as redevelopment of the project area evolves, except for modifications and extensions in conformity with the Circulation Element of the General Plan. Normal extensions of the existing street pattern will also tae place as required to serve new development and to remove development constraints that exist in the area. Use of the adopted General Plan and community zoning regulations will ensure that redevelopment activities will remain consistent with the General Plan over th life of the Plan. The project will comply with the General Plan and all new development within its boundaries will be subject to applicable zone district standards and environmental requirement . Improvements and use of public services and facilities will be evaluated using the land use patterns and population densities as established in the General Plan. Section 4. The Agency hereby approves and adopts as a Mitigation Monitoring Program those monitoring actions set forth in Exhibit A to monitor the changes or alterations that have been required in, or incorporated into, the project in order to mitigate or substantially lessen those significant environmental effects identified in Exhibit A. Section 5. Upon approval and adoption of the Atascadero Redevelopment Plan by the Redevelopment Agency, the Secretary of the Agency is hereby directed to file a Notice of Determination with the County Clerk of Atascadero County and the Office of Planning and Research pursuant to the provisions of Section 15094 of the State CEQA Guidelines. Section 6. he City of Atascadero, located at 6500 Palma Avenue, Atascadero, California, is the custodian of the documents or other material which constitute the record of the proceedings upon which this decision is based. Section 7. This resolution is effective immediately upon adoption. 000009 Atascadero Redevelopment Agency Resolution No.RA 1999-003 Page 7 of 15 PASSED AND ADOPTED by the Atascadero Redevelopment Agency this _ day of 1999 by the following vote: AYES: NOES: ABSENT: Ray Johnson, Chairman ATTEST: Marcia McClure Torgerson, Secretary Approved as to form: Stephen Deitsch Special Counsel to the Agency 00004.0 Atascadero Redevelopment Agency Resolution No.RA 1999-003 Page 8 of 15 EXHIBIT "A" STATEMENT OF FACTS AND FINDINGS AND ADOPTION OF MITIGATION MONITORING PROGRAM FOR THE ATASCADERO REDEVELOPMENT PLAN The Atascadero Redevelopment Agency("the Agency"),based on its independent judgement, finds and declares that an nvironmental impact report(EIR)for the Atascadero Redevelopment Plan(the "Project") has been completed in compliance with the California Environmental Quality Act (CEQA)and the State CEQA Guidelines. The Agency finds and certifies that the EIR was presented to the Agency and that it has reviewed and considered the information contained in the EIR before acting on the project. Based on its review f the EIR,the Agency finds that this document contains an adequate assessment of the potentially significant environmental impacts of the Project and represents the independent judgment of the Redevelopment Agency. The Final EIR is composed of the following elements: ■ Draft Environmental Impact Report for the Atascadero Redevelopment.Plan (including all appendices). (February, 1999)(SCH#99011002) ■ Final Environmental Impact Report for the Atascadero Redevelopment Plan (including all appendices). (May, 1999) I. POTENTIAL SIGNIFICANT IMPACTS This section identifies the potentially significant impacts of the project, references the mitigation measures required f 6r the project, and makes one of three findings for each potential significant impact. Section 15C 91 of the CEQA Guidelines requires that one or more of the following findings be made for each potentially significant environmental effect: ■ Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the potentially significant environmental effect identified in the Final EIR. ■ Changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. ■ Specific economic, social, or other considerations make infeasible mitigation measures or mitigating project alternatives identified in the Final EIR. 'OOOU11 Atascadero Redevelopment Agency Resolution No.RA 1999-003 Page 9 of 15 II. PROJECT DESCRIPTION Public Improvements On the basis of research and surveys conducted by the Agency during preparation of the Preliminary Plan, and in response to the Agency's objectives, a general description of the future programs anticipated under the Project's Final EIR include, but are not limited to,the following: ■ Traffic circulation improvements throughout the project area, including better access to developable properties. ■ Housing stock rehabilitation and replacement programs and new construction. ■ Improvement of infrastructure supporting the project area, including the improvement of deficient infrastructure that creates an adverse environmental impact,that limits full economic utilization of properties, and that is necessary for the maintenance of healthy commercial, residential and industrial areas. ■ Enhancement of community facilities available to residents of the project area and supportive of the local population at-large. ■ Elimination or mitigation of other existing blighting conditions and influences,including incompatible land uses, obsolete or substandard structures, inadequate public facilities, and/or small, irregular and landlocked parcels. ■ Revitalization and improvement of downtown Atascadero in accordance with the Downtown Master Plan and all subsequent amendments. Subsequent projects that are consistent with the land use designation and permitted density and intensity of development established in the General Plan are considered to be within the scope of the Final EIR. Agency Development Assistance In addition to providing assistance with public improvements which will facilitate redevelopment of the Project Area, the Agency contemplates the provision of assistance to private development interests in a variety of forms. Specific projects in conformance with the Redevelopment Plan to which the Agency will seek private sector commitment and may assist are: ■ Development of new industrial and commercial uses in the Project Area; ■ Commercial building and property renovation and improvement projects and; ■ Rehabilitation and expansion of the existing private housing p g p s g stock in the community. 000012 Atascadero Redevelopment Agency Resolution No.-RA 1999-003 Page 10 of 15 The Agency may fid it necessary to provide tax exempt financing incentives to encourage the g Y Y g private sector to acquire and assemble properties. Where Agency assistance is provided,the Agency would be required to provide relocation assistance to any tenants displaced by such acquisition. To ensure the financial feasibility of development projects in the Project Area,the Agency may find it necessary to directly reduce the cost of redevelopment. One technique commonly used by redevelopment agencies is the provision of tax exempt financing to reduce the financing costs of a project. Such incentives may take the form of certificates of participation, lease revenue bonds, industrial develop nt bonds and various forms of tax exempt notes at various terms. III. SUMMAR OF IMPACTS AND MITIGATION MEASURES Section 15123(b)(1) of the Guidelines for Implementation of the California Environmental Quality Act(CEQA Guidelines) provides that the summary shall identify each significant effect for which proposed mitigation measures will reduce or avoid that effect. Table S-1 of the Final EIR and reproduced below ir Section VIII, identifies those impacts, the mitigation measures and the agency responsible for miti ation. IV. ALTERNATIVES TO THE PROJECT Section 15126(d) of the CEQA. Guidelines requires the EIR to describe a reasonable range of alternatives to the project, or to the location of the project,which could feasibly accomplish the basic objectives of the pr 'ect, and to evaluate the comparative environmental effects of the alternative to those of the proposed project. If the environmentally superior alternative is the "no project" alternative, the EIR must also identify an environmentally superior alternative between the project and the other evalu ted alternatives. The EIR identifies the following alternatives: No Project Alternative Under this alternative, the status quo would be maintained and the redevelopment project not implemented. Development would still continue, although at a slower pace, in accordance with the City's existing General Plan and zoning. However, in comparison to the other alternatives,it would not have the benefit of funding through tax increment financing. Physical and economic conditions of blight as identified in the Preliminary Plan would continue. Adverse impacts would include deterioration of area aesthetics, structures, employment opportunities, housing conditions, public infrastructure, public services, road systems, traffic congestion and air quality. Free market redevelopment is unlikely, without the aid of redevelopment actions,to stimulate revitalization of the Project Area. T ius, blighting influences will persist and the local environmental quality would continue to deteriorate. Absent a redevelopment plan, many needed improvements in the project area which could not be funded by new development would be deferred. 0000IL3 Ataseadero Redevelopment Agency Resolution No.RA 1999-003 Page 11 of 15 Private Sector Assistance Alternative This alternative would emphasize financial assistance to private development projects, including low interest loans and land write-downs (subsidies). Since the precise nature of private development projects is not known until proposed,comparative environmental impacts are speculative.Assuming full buildout,consistent with existing General Plan and zoning,impacts would be.similar or perhaps greater than the other alternatives. Public infrastructure and transportation improvements would most likely be inadequate to support these projects without the financial assistance that would be provided by the proposed project. Modified Project Boundary: Expanded and Reduced These alternatives would create a Redevelopment Plan with either a larger or smaller Project Area. An Expanded Boundary might encompass properties not as consistent with the intent of redevelopment law(i.e., not necessarily visually, structurally or economically blighted). The Reduced Boundary is the proposed project area described in its April 1996 Feasibility Study. It omitted properties well within the definition of blight,which may reduce the comprehensiveness of the redevelopment plan process. The Reduced Boundary is also not considered feasible since it lacks adequate redevelopment potential in comparison to the project, lacks adequate diversity in land uses, and has inadequate tax revenue. Alternative Site Redevelopment project areas must meet the legal definition of blight, as prescribed under Community Redevelopment Law. A survey area was designated and the Project Area selected from within the survey area.No alternative site has been evaluated, because no other area was identified that meets the requirements of Community Redevelopment Law. CONCLUSIONS In accordance with the CEQA Guidelines, all reasonable project alternatives have been evaluated for their comparative environmental superiority. Based on this evaluation,it has been determined that no single alternative exhibits environmental superiority in comparison to the proposed project. The "no project" alternative is environmentally inferior and would fail to meet the project objectives. Among the remaining alternatives, the Private Sector Assistance Alternative would qualify as an environmentally superior alternative in lieu of the proposed project, as it would result in fewer adverse impacts than the other alternatives. However, without the project there is no feasible means of providing the requisite financial assistance. The proposed project with mitigation measures proposed in this EIR, remains the environmentally superior project, as it provides the fewest environmental impacts with the greatest potential beneficial impacts to the environment. V. SIGNIFICANT ENVIRONMENTAL EFFECTS WHICH CANNOT BE AVOIDED The Project will not result in additional significant unavoidable environmental impacts which were 00001E Atascadero Redevelopment Agency Resolution No.RA 1999-003 Page 12 of 15 not already analyze I in the 1991 Land Use Plan EIR and the 1993 Circulation Element EIR. VI. CUMULATIVE IMPACTS The EIR has not id ntified additional cumulative impacts in additional to the cumulative impacts already analyzed in the 1991 Land Use Plan EIR and the 1993 Circulation Element EIR. VII. FINDING Based on the Final IR and the entire record,the Redevelopment Agency finds that no single project alternative exhibits nvironmental superiority since agricultural lands included in the project would be subject to development and the"no project"alternative would result in the elimination of projects that will mitigate impacts identified in the EIR. VIII. MITIGA ION MONITORING PROGRAM Assembly Bill 318 requires a public agency to adopt mitigation monitoring or reporting programs for all projects for which an environmental impact report or"mitigated" negative declaration has been prepared. The law is intended to ensure the implementation of all mitigation measures adopted throughout the California Environmental Quality Act(CEQA) process. Implementation of the Final EIR's mitigation measures, as contained in that document and summarized in Tabl S-1,attached,is the key to development that both protects the environment and provides essential services to future residents. The monitoring program on the following pages provides a synopsis of the mitigation measures to be monitored,the responsible parties,and the time period during which mitigation shall be completed. 0000115 0 0 E a e� U Q U t c a) •y -c Q CL °o' Q C °' c ¢ ¢ E o U A U Q o CA 0 0 U U vOi > r- � vi C ai O to J N ��-1 rr� C) Cd '++ c Zs -C c a� c� .o •b Ol o o U on woo � 3 •� � 0•w M U � o.-: -o ami c �? �j ° k 3 O • NrA _ y s. O °° rA C a O w cd O cC sem. _ 7-4 O •� � G •U � y 0 o cd U `p LL m rn v y � - H O u = p ti 44 LL_� O G U o Cl E �o O, W . o 2 z' M z° a ' C o cdo o k ,o ..^. U U o ° _ 03 o oUn L c � " Cd0 >,,o cl .� o c a' ; o o C o = X o a Q .0 Op o = o ° 0 o . api E an 0 o U t U Q. N p y E- cin cU. bio CI f— � i Q V Q o. E N Z 000016 Y N E U 0 E tm Cd a� tm r cd `o a. 4. � � o o 0 0 0 c Q U Q U Q O m c c v Cd ° ° Cd U U U z. t � 14. J co Q v� v1 ,4 rn Cd Cl 0 CA M o. > 0 3 ea p a cit _� �° 0 0 `n M E ami -o A -cc > o -o CA 0cs � bo'° cn sa aoi 0 � on ° .-� o � Lil ° ° o E E � ° ° Ts ° . c ° U ;v 3 ' o U 'v 0 v, S. o w o i �' o cn o O c� U `n N rn O f3a -O U N y U Z7 U '� E N Q ti o (5 C cd 0. cd cC y C cd o ° E o°n 7D � Co C' ECd � c� -o ° • a�i � C oa0 U 3 . aCd 0 O y, tm ai ai 0 0 � cz z z o � rA � � . -� cd o 0 s, = � cl cd, °O U V on o ani E, E ° c o d M ° 0. o U GC 'cs •� j N C +�' w CN E cd Cd 10 as �. azo w 0p0 �P voi bA Q 4 N M M M 0000117 E L Q CL as c �L Q � Q Q V L JtnQ � � v� a`) 0 Z z � L Q Cdd N G V ate+ 0 t9 @� •� C Z. N i O L ett d tm ai 0 c Z z c 10, a) 0 -O E U = 0 0El a0i 0Cd a o C) 0 :5 Cd CL�j 0 d fs+ y B V xz � w daa EZ a M 000018 RESOLUTION NO. 1999-039 RESOLUTION OF THE ATASCADERO CITY COUNCIL MAKING FINDINGS AND CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE ATASCADERO REDEVELOPMENT PLAN (SCH NO. 99011002) WHEREAS, an Environmental Impact Report (the `BIR") (SCH No. 99011002) was prepared for the Atascadero Redevelopment Plan(the"Project")by the Atascadero City Council(the "City")pursuant to the California Environmental Quality Act(Public Resources Code Section 21000 et seq.), the Guidelines for Implementation of the California Environmental Quality Act (14 Cal. Code Regs. Section 15000 et seq.,hereinafter the"CEQA Guidelines")and local procedures adopted by the City pursuant thereto; and WHEREAS, the redevelopment agency, as lead agency under CEQA, issued a Notice of Preparation of an EIR on January 4, 1999 for the period prescribed by State and local regulations and comments were received; and WHEREAS, a Notice of Completion of the Draft EIR was filed with the State Clearinghouse on March 8, 1999; and WHEREAS, copies of the Draft EIR were distributed to the State Clearinghouse and to those public agencies which have jurisdiction by law with respect to the Project and to other interested persons and agencies, and the comments of such persons and agencies were sought; and WHEREAS,the Atascadero Planning Commission reviewed the proposed Redevelopment Plan and the draft EIR on April 6, 1999 and has recommended approval of the Project, and received comments from the public on the Draft EIR; and, WHEREAS,the Draft EIR was thereafter revised to adopt changes suggested,to incorporate comments received on the Draft EIR and the City's response to said comments, and as so revised, a Final EIR was prepared and submitted to the City; and WHEREAS,a public hearing was held by the City on June 29, 1999 on the Redevelopment Planand the Final EIR relating thereto,following notice duly and regularly given as required by law, and all interested persons expressing a desire to comment thereon or object thereto having been heard, and said Final EIR and all comments and responses thereto having been considered; and, WHEREAS,the EIR was prepared by an independent Redevelopment Consultant and the City and Agency have reviewed the EIR for conformance with local regulations, conditions and factual accuracy,as required by State law; and, WHEREAS the final EIR consists of the draft EIR, as revised and supplemented, is made 000020 City of Atascadero Resolution No. 1999-0,39 Page 2 of 16 a part of the Agency's Report on the Redevelopment Plan, incorporating all comments received and the response of theAgency and the Council thereto as of the date hereof. NOW,TH REFORE,THE ATASCADERO CITY COUNCIL DOES RESOLVE AS FOLLOWS. Section 1. The City hereby certifies that the final EIR for the Project has been completed in complian e with the California Environmental Quality Act, the CEQA Guidelines and local procedires adopted by the City pursuant thereto. Section 2. The City has evaluated all comments, written and oral, received from persons who have reviewed the draft EIR. Section 3. The City hereby finds that the following environmental effects will occur: Effects Fou d Not To Be Significant: ■ Compatibility with the Atascadero General Plan or zoning. ■ Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project. ■ Bei compatible with existing land use in the vicinity. ■ Affect agricultural resources or operations (e.g. impacts to soils or farmlands, or impacts from incompatible land uses). ■ Disrupt or divide the physical arrangement of an established community(including a to -income or minority community). ■ Cumulatively exceed official regional or local population projections. ■ Induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure). ■ Displace existing housing, especially affordable housing. ■ Faul rupture. ■ Seismic ground shaking. ■ Seic e, tsunami, or volcanic hazard. ■ Lanc slides or mudflows. ■ Eros on, changes in topography or unstable soil conditions from excavation, grading or fill. ■ Subsidence of the land. ■ Exp sive soils. ■ Unique geologic or physical features. ■ Char ges in absorption rates, drainage patters, or the rate and amount of surface runo f. ■ Exposure of people or property to water related hazards such as flooding. 000021L City of Atascadero Resolution No. 1999-039 -Page 3 of 16 ■ Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity). ■ Changes in the amount of surface water movements. ■ Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability. ■ Altered direction of rate of flow of groundwater. ■ Impacts to groundwater quality. ■ Substantial reduction in the amount of groundwater otherwise available for public water supplies. ■ Expose sensitive receptors to pollutants. ■ Alter air movement, moisture, or temperature, or cause any change in climate. ■ Create objectionable odors. ■ Increased vehicle trips or traffic congestion. ■ Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment). ■ Inadequate emergency access or access to nearby uses. ■ Insufficient parking capacity on-site or off-site. ■ Hazards or barriers for pedestrians or bicyclists. ■ Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks). Rail, waterborne or air traffic impacts. ■ Endangered,threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds). ■ Locally designated species (e.g. heritage trees). ■ Locally designated natural communities (e.g. Oak Forest, coastal habitat, etc). Wetland habitat (e.g. marsh, riparian and vernal pool). ■ Conflict with adopted energy conservation plans. ■ Use non-renewable resources in a wasteful and inefficient,manner. ■ Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State. ■ A risk of accidental explosion or release of hazardous substances (including but not limited to: oil,pesticides, chemical,or radiation). ■ Possible interference with an emergency response plan or emergency evacuation plan. ■ The creation of any health hazard or potential health hazard. ■ Exposure of people to existing sources of potential health hazards. ■ Increased fire hazard in areas with flammable brush, grass, or trees. ■ Increases in existing noise levels. ■ Exposure of people to severe noise levels. ■ Fire protection. ■ Police protection. 000022 City of Ataseadero Resolution No. 1999-039 Page 4 of 16 . ■ Schools. ■ Maintenance of public facilities, including roads. ■ Oth r governments service. ■ Pow r or natural gas. ■ Corr.munications systems. Local or regional water treatment or distribution facilities. ■ Sewer or septic tanks. ■ Storm water drainage. ■ Solid waste disposal. ■ Local or regional water supplies. ■ Affect a scenic vista or scenic highway. ■ Have demonstrable negative aesthetic effect. ■ Create light or glare. ■ Disturb paleontological resources. ■ Disturb archaeological resources. ■ Affe t historical resources. ■ Have the potential or cause a physical change which would affect unique ethnic cultural values. ■ Rest ict existing religious or sacred uses within the potential impact area. Increase the demand for neighborhood or regional parks or other recreational facilities. ■ Affect existing recreational opportunities. Significant Irreversible Environmental Changes: Development of the Project Area will commit non-renewable resources during construction, and ongoin utility services provided to it. Energy resources and building materials consumed daring construction will essentially be irreversible and irretrievable. Substantial amounts of energy and other natural resources will be consumed during the life of the Redevelopment Plan. These resources will not, however, be consumed in amounts significantly greater than those analyzed in the 1991 Atascadero General Plan Land Use Plan EIR(SCH No. 90011080) and the 1993 Atascadero General Plan Circulation Element EIR (SCH No. 92101098). Cumulative Impacts: The Final EIR found that no additional environmental impacts would result from the implementation of the proposed Redevelopment Plan other than those previously analyzed and considered in the 1991 Atascadero General Plan Land Use Plan EIR and the 1993 Atascadero Cieneral Plan Circulation Element EIR. The 1991 Lnd Use Plan EIR, incorporated by reference in the Final EIR, found that there were severs significant cumulative or unavoidable impacts: 000023 City of Ataseadero Resolution No. 1999-039 Page 5 of 16 ■ Cumulative deterioration of air quality in the region. ■ Buildout of the plan area would exceed capacity of local schools. ■ Increased energy and water use. ■ Loss of wildlife habitat and grazing lands. ■ Increased pressure to develop buildable sites Impacts that could be mitigated to a less than significant level were: ■ Short-term air quality impacts from construction. ■ Long.term air quality impacts from buildout of the plan area. ■ Additional truck traffic through the downtown and residential areas. ■ Increased average daily flow of sewage. ■ Need for additional police officers and fire protection service. ■ Increased solid waste generation. ■ Insufficient revenues to maintain current levels of service. ■ Increased traffic volumes and degradation of levels of service. ■ Insufficient water production. ■ Loss of wildlife habitat and archaeological artifacts. The 1993 Circulation Element EIR,also incorporated by reference in the.Final EIR, found that there were no significant unavoidable impacts. Impacts that could be mitigated to a less than significant level or were found to be less than significant were: ■ Stability of roadway structures affected by seismic shaking. ■ Increased storm drainage and erosion. ■ Short- and long-term air quality impacts. ■ Increased light and glare. ■ Lack of funding and staffing for road construction projects. ■ Disturbance of cultural artifacts. Traffic hazards to schools. ■ Consumption of energy. All impacts identified in the Final EIR as significant or potentially significant can be mitigated to a level that is less than significant through the adoption and implementation of mitigation measures recommended in the Final EIR and as attached in Exhibit A. Other unavoidable impacts attributable to implementation of the proposed project have either been determined to be less than significant, or are mitigated to less than significant levels by measures in existing plans. Land uses and population density will remain controlled by the Atascadero General Plan, its Elements, and Atascadero Downtown Master Plan. These include residential uses; commercial, including neighborhood, community-level and service commercial uses; 0000240 City of Atascadero Resolution No. 1999-039 Page 6 of 16 industrial uses; and public facilities. The type, size, height and density of commercial, industrial or other structures will continue to be determined by applicable federal, state and local statute , the General Plan, ordinances and regulations as they currently exist and are amended from time to time. Overall, it is anticipated that population densities in the project area will generally continue in conformance with existing patterns. Generally, the existing street pattern will be retained unchanged as redevelopment of the project area evolves, except for modifications and extensions in conformity with the Circulation Element of the General Plan. Normal extensions of the existing street pattern will also tae place as required to serve new development and to remove development constraints that exist in the area. Use of the adopted General Plan and community zoning regulations will ensure that redevelopment activities will remain consistent with the General Plan over the life of the Plan. The project will comply with the General Plan and all new development within its boundaries will be subject to applicable zone district standards and environmental requirement . Improvements and use of public services and facilities will be evaluated using the land use patterns and population densities as established in the General Plan. Section 4. The City hereby approves and adopts as a Mitigation Monitoring Program those monitoring ctions set forth in Exhibit A to monitor the changes or alterations that have been required in, or incorporated into,the project in order to mitigate or substantially lessen those significant environmental effects identified in Exhibit A. Section 5. Upon approval and adoption of the Atascadero Redevelopment Plan by the City, the Clerk is iereby directed to file a Notice of Determination with the County Clerk of San Luis Obispo County and the Office of Planning and Research pursuant to the provisions of Section 15094 of the State CEQA Guidelines. Section 6. The City of Atascadero, located at 6500 Palma Avenue,Atascadero, California, is the custodian of the documents or other material which constitute the record of the proceedings upon which this decision is based. Section 7. This resolution is effective immediately upon adoption. 00002.5 City of Atascadero Resolution No. 1999-039 Page 7 of 16 PASSED AND ADOPTED by the Atascadero City Council this_day of , 1999 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Ray Johnson, Mayor ATTEST: Marcia McClure Torgerson, City Clerk Approved as to form: Roy A. Hanley, City Attorney 000026 City of Atascadero Resolution No. 1999-039 Page 8 of 16 EXHIBIT "A" STATEMENT OF FACTS AND FINDINGS AND ADOPTION OF MITIGATION MONITORING PROG M FOR THE ATASCADERO REDEVELOPMENT PLAN The Atascadero City Council ("the Agency"), based on its independent judgement, finds and declares that an environmental impact report (EIR) for the Atascadero Redevelopment Plan (the "Project") has been completed in compliance with the California Environmental Quality Act (CEQA)and the State CEQA Guidelines. The Agency finds and certifies that the EIR was presented to the Agency and at it has reviewed and considered the information contained in the EIR before acting on the project. Based on its review of the EIR,the Agency finds that this document contains an adequate assessment of the potentially significant environmental impacts of the Project and represents the independent judgment of the Redevelopment Agency. The Final EIR is composed of the following elements: ■ Draft Environmental Impact Report for the Atascadero Redevelopment Plan (including all appendices). (February, 1999)(SCH#99011002) Final Environmental Impact Report for the Atascadero Redevelopment Plan (including all appendices). (May, 1999) I. POTENTIAL SIGNIFICANT IMPACTS This section identifies the potentially significant impacts of the project, references the mitigation measures required for the project, and makes one of three findings for each potential significant impact. Section 15 91 of the CEQA Guidelines requires that one or more of the following findings be made for each p tentially significant environmental effect: ■ Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the potentially significant environmental effect identified in the Final EIR. ■ Changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. ■ Specific economic, social, or other considerations make infeasible mitigation measures or mitigating project alternatives identified in the Final EIR. 00002'7 City of Atascadero Resolution No. 1999-039 Page 9 of 16 II. PROJECT DESCRIPTION Public Improvements On the basis of research and surveys conducted by the Agency during preparation of the Preliminary Plan, and in response to the Agency's objectives, a general description of the future programs anticipated under the Project's Final EIR include,but are not limited to,the following: ■ Traffic circulation improvements throughout the project area, including better access to developable properties. ■ Housing stock rehabilitation and replacement programs and new construction. ■ Improvement of infrastructure supporting the project area, including the improvement of deficient infrastructure that creates an adverse environmental impact, that limits full economic utilization of properties, and that is necessary for the maintenance of healthy commercial, residential and industrial areas. ■ Enhancement of community facilities available to residents of the project area and supportive of the local population at-large. ■ Elimination or mitigation of other existing blighting conditions and influences, including incompatible land uses, obsolete or substandard structures, inadequate public facilities, and/or small, irregular and landlocked parcels. ■ Revitalization and improvement of downtown Atascadero in accordance with the Downtown Master Plan and all subsequent amendments. Subsequent projects that are consistent with the land use designation and permitted density and intensity of development established in the General Plan are considered to be within the scope of the Final EIR. Agency Development Assistance In addition to providing assistance with public improvements which will facilitate redevelopment of the Project Area; the Agency contemplates the provision of assistance to private development interests in a variety of forms. Specific projects in conformance with the Redevelopment Plan to which the Agency will seek private sector commitment and may assist are: ■ Development of new industrial and commercial uses in the Project Area; ■ Commercial building and property renovation and improvement projects and; ■ Rehabilitation and expansion of the existing private housing stock in the community. 000028 City of Atascadero Resolution No. 1999-039 Page 10 of 16 The Agency may End it necessary to provide tax exempt financing incentives to encourage the private sector to acquire and assemble properties. Where Agency assistance is provided,the Agency would be required ta provide relocation assistance to any tenants displaced by such acquisition. To ensure the financial feasibility of development projects in the Project Area,the Agency may find it necessary to directly reduce the cost of redevelopment. One technique commonly used by redevelopment agencies is the provision of tax exempt financing to reduce the financing costs of a project. Such incentives may take the form of certificates of participation, lease revenue bonds, industrial developnient bonds and various forms of tax exempt notes at various terms. III. SUMMAWV OF IMPACTS AND MITIGATION MEASURES Section 15123(b)(1 of the Guidelines for Implementation of the California Environmental Quality Act(CEQA Guidelines)provides that the summary shall identify each significant effect for which proposed mitigation measures will reduce or avoid that effect. Table S-1 of the Final EIR and reproduced below in Section VIII, identifies those impacts,the mitigation measures and the agency responsible for mitigation. IV. ALTERNATIVES TO THE PROJECT Section 15126(d) of the CEQA Guidelines requires the EIR to describe a reasonable range of alternatives to the project,or to the location of the project,which could feasibly accomplish the basic objectives of the project, and to evaluate the comparative environmental effects of the alternative to those of the proposed project. If the environmentally superior alternative is the "no project" alternative, the EIR must also identify an environmentally superior alternative between the project and the other evaluated alternatives. The EIR identifies the following alternatives: No Project Alternative Under this alternative, the status quo would be maintained and the redevelopment project not implemented. Devc lopment would still continue,although of a slower pace, in accordance with the City's existing General Plan and zoning. However, in comparison to the other alternatives, it would not have the benefit of funding through tax increment financing. Physical and economic conditions of blight as identified in the Preliminary Plan would continue. Adverse impacts would include deterioration of area aesthetics, structures, employment opportunities, housing conditions, public infrastructure, public services, road systems, traffic congestion and air quality. Free market redevelopment is unlikely, without the aid of redevelopment actions, to stimulate revitalization of the Project Area. Thus,blighting influences will persist and the local environmental quality would continue to deteriorate. Absent a redevelopment plan, many needed improvements in the project area which could n t be funded by new development would be deferred. 000029 City of Ataseadero Resolution No. 1999-039 Page 11 of 16 Private Sector Assistance Alternative This alternative would emphasize financial assistance to private development projects, including low interest loans and land write-downs (subsidies). Since the precise nature of private development projects is not known until proposed,comparative environmental impacts are speculative. Assuming full buildout,consistent with existing General Plan and zoning,impacts would be similar or perhaps greater than the other alternatives. Public infrastructure and transportation improvements would most likely be inadequate to support these projects without the financial assistance that would be provided by the proposed project. Modified Project Boundary: Expanded and Reduced These alternatives would create a Redevelopment Plan with either a larger or smaller Project Area. An Expanded Boundary might encompass properties not as consistent with the intent of redevelopment law(i.e., not necessarily visually, structurally or economically blighted). The Reduced Boundary is the proposed project area described in its April 1996 Feasibility Study. It omitted properties well within the definition of blight,which may reduce the comprehensiveness of the redevelopment plan process. The Reduced Boundary is also not considered feasible since it lacks adequate redevelopment potential in comparison to the project, lacks adequate diversity in land uses, and has inadequate tax revenue. Alternative Site Redevelopment project areas must meet the legal definition of blight, as prescribed under Community Redevelopment Law. A survey area was designated and the Project Area selected from within the survey area. No alternative site has been evaluated, because no other area was identified that meets the requirements of Community Redevelopment Law. CONCLUSIONS In accordance with the CEQA Guidelines, all reasonable project alternatives have been evaluated for their-comparative environmental superiority. Based on this evaluation, it has been determined that no single alternative exhibits environmental superiority in comparison to the proposed project. The "no project alternative is environmentally inferior and would fail to meet the project objectives. Among the remaining alternatives, the Private Sector Assistance Alternative would qualify as an environmentally superior alternative in lieu of the proposed project, as it would result in fewer adverse impacts than the other alternatives. However, without the project there is no feasible means of providing the requisite financial assistance. The proposed project with mitigation measures proposed in this EIR, remains the environmentally superior project, as it provides the fewest environmental impacts with the greatest potential beneficial impacts to the environment. V. SIGNIFICANT ENVIRONMENTAL EFFECTS WHICH CANNOT BE AVOIDED The Project will not result in additional significant unavoidable environmental impacts which were J g p 0000-0 City of Atascadero Resolution No. 1999-039 Page 12 of 16 not already analyze d _in the 1991 Land Use Plan EIR and the 1993 Circulation Element EIR. VI. CUMULATIVE IMPACTS The EIR has not identified additional cumulative impacts in additional to the cumulative impacts already analyzed in the 1991 Land Use Plan EIR and the 1993 Circulation Element EIR. VII. FINDINGS Based on the Final E IR and the entire record,the Redevelopment Agency finds that no single project alternative exhibits environmental superiority since agricultural lands included in the project would be subject to develo ment and the"no project"alternative would result in the elimination of projects that will mitigate impacts identified in the EIR. VIII. MITIGATION MONITORING PROGRAM Assembly Bill 3180 requires a public agency to adopt mitigation monitoring or reporting programs for all projects forwhich an environmental impact report or "mitigated" negative declaration has been prepared. The law is intended to ensure the implementation of all mitigation measures adopted throughout the California Environmental Quality Act(CEQA)process. Implementation of the Final EIR's mitigation measures, as contained in that document and summarized in Table S-1,attached, is the key to development that both protects the environment and provides essential services to future residents. The monitoring program on the following pages provides a synopsis of the mitigation measures to be monitored,the responsible parties, and the time period during which mitigation shall be completed. 000031 U U t A � U o (U Q a a1 d QCc c '� d a• on d. f,., � UAoa UA 0 m lu it L cc "O-+ ?+� of > Ci .� 5� JNQ � �l v� ,a Con ai 00 IC bq G � U � '� ' C C p U 3 -0 ry U N +�� N tq 1. y i s. O A C U N U .-. cq O OCL N +. vcd cd Oi O D U N C E �� eOC O N cUd U w aS U O cd co •C 'd o Cd cd U i O rA rn N O bA C •^�i'�, c� 00 y st 0. cd D1 U O O U oA � �oaW �n oW a a w rA � c L a aC ccol > ° cd ch cl 0 cd ch � ° c k •� o � d o to ° . o � � U 0 to En y y �_ an cd L tt V cC —+ N Q' � •,moi N N 000032 E ccco0 a tm c �L O CCO V� � O u c c V .OJcul) Q L N cc d C O a+ to O L d t4 � C Z M V O � L C1 E Wiz " rte+ Q. E UC�Ga EZ 000033 o � o E E 5 o U E U U cd 0 cd 0 0 0 0 0 0 0 UC1 UQ UA o 0 .� .� a � ave ave c cc is o o N o W v vi � o -tz � 0 � N z,•"•� b CL ^d cd N U E v o ti (A a� ° U to c' p v W 3 . ° p i o- E E o ° o 0 o '° p U a p U co �. o p C a� o 0 o cm o U o y o a 0 0 'n � N - . cd o.° oE Uo Ecs.acco U p > 4 ci CO o� cv 0 � cz a. � a0 E cd 0a°a, 0 0 0 z z z � S � rn aki ^O p "o y C 0 rn 'Cd y O O O O cn � a0i cd v Q Ll ECd O p O. P.. O a� o CIS En y p y vUi , CN fjz aso . 0 U M M M U a a M M M 000034 E L 0 CL c �L O pOO �oj O v _ � U J to �l v1 � C z � N O r 0 -o U co 0 0 - ani o Cd N a cz ani N c a 0 2',' p C7\ CL p. U O. E o UC� a. Ez M 000035 ATTACHMENT C � 000036 RESOLUTION NO. RA 1999-004 RESOLUTION OF THE ATASCDERO REDEVELOPMENT AGENCY ADOPTING RULES REGARDING RULES FOR OWNER PARTICIPATION RELOCATION WHEREAS the Atascadero Redevelopment.Agency (the "Agency") has prepared a proposed Redevelopment Plan the"Redevelopment Plan")for the Atascadero Redevelopment Project(the"Project") which would result in the allocation of taxes from the Project Area to the Agency for the purposes of redevelopment; and, WHEREAS California Community Redevelopment Law(Health and Safety Code Section 33300, et seq.)provides that a redevelopment agency shall adopt rules and procedures for owner participation in the redevelopment of the project area.; WHEREAS the City of Atascadero has prepared a Redevelopment Plan for the Atascadero Redevelopment Project at its meeting on June 29, 1999; and, NOW,THEREFORE,THE ATASCADERO REDEVELOPMENT AGENCY hereby adopts the provisions of Article 3 of the Redevelopment Plan as the Rules Governing Owner Participation and Relocation for the Atascadero Redevelopment Plan. PASSED AND ADOPTED by the Atascadero Redevelopment Agency this_day of , 1999 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Ray Johnson,Chairman ATTEST: Marcia Torgerson, Secretary Approved as to form Stephan Deitsch Special Counsel tot e Agency 000037 ATTACHMENT 'D � 000038 RESOLUTION 1999-040 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO ELECTING TO RECEIVE A PROPORTIONATE SHARE OF PASS-THROUGH TAXES FOR THE TASCADERO REDEVELOPMENT PROJECT AREA WHEREAS, the Atascadero Redevelopment Agency (the "Agency") has prepared a proposed Redevelopment Plan(the"Redevelopment Plan")for the Atascadero Redevelopment Project(the"Project") which would result in the allocation of taxes from the Project Area to the Agency for the purposes of redevelopment;and, WHEREAS,Section 33607.5 of the California Community Redevelopment Law(Health and Safety Code Section 33300,et seq.)provides that the community which has adopted the redevelopment project may elect to receive a port on of the tax increments received by the agency after the amount required to be deposited in the low and moderate income housing fund has been deducted; and, WHEREAS, the City of Atascadero has prepared a Redevelopment Plan for the Atascadero Redevelopment Project at its meeting on , 1999; and, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO DOES HEREBY RESOLVE receive twenty-five percent(25%)of all tax increments received by the Atascadero Redevelopment Agency from the Atascadero Redevelopment Project Area or a greater amount as may be permitted by Californi a Community Redevelopment Law. PASSED AND ADOPTED by the Atascadero City Council this_day.of , 1999 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Ray Johnson,Mayor ATTEST: Marcia Torgerson,City Clerk Approved as to form: Roy Hanley,City Attorney 000039 COUNCIL RESOLUTION NO. 1999-041 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO FINDING THAT THE USE OF TAXES ALLOCATED FROM THE AT SCADERO REDEVELOPMENT PROJECT FOR THE PURPOSE,OF IMPROVING AND INCREASING THE COMMUNITY'S SUPPLY OF LOW AND MODERATE INCOME HOUSING OUTSIDE THE PROJECT AREA WILL BE OF BENEFIT TO THE PROJECT WHEREA , the Atascadero Redevelopment Agency (the "Agency") has prepared a proposed Redevelo ment Plan (the "Redevelopment Plan") for the Atascadero Redevelopment Project(the"Projec ")which would result in the allocation of taxes from the Project Area for the Agency for the puq oses of redevelopment; and, WHEREAS,Section 33334.2 of the California Community Redevelopment Law requires that not less than twenty percent (20%) of all taxes so allocated be used by the Agency for the purpose of impro ' g and increasing the community's supply of low and moderate income housing available at affordable housing cost; and, WHEREAS, Section 33334.2 (g) of the California Community Redevelopment Law provides that the Agency may use such funds outside the Project Area if a finding is made by resolution of the Agency and the City Council that such use will be of benefit to the Project; NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF ATASCADERO DOES HEREBY RESOL that the use of taxes allocated from the Project Area for the purpose of improving and increasing the community's supply of low and moderate income housing available at affordable housing cost outside the Project Area and within the City of Atascadero will be of benefit to the Project. PASSED AND ADOPTED by the Atascadero City Council this_day of ' 1999 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Ray Johnson,Mayor ATTEST: Marcia Torgerson, City Clerk Approved as to form: 00001 Roy Hanley, City Attorney 000042 � ATTACHMENT F 000013 I RESOLUTION RA 1999-005 A RESOLUTION OF THE ATASCADERO REDEVELOPMENT AGENCY APPROVING AND ADOPTING THE ATASCADERO REDEVELOPMENT PLAN WHEREAS the Planning Commission and the Atascadero Redevelopment Agency adopted a Preliminary Plan for the redevelopment of the Atascadero Redevelopment Project which includes the following goals and objectives: (1) Expansion and diversification of the community's economic and employment base, through the facilitation of more year-round employment opportunities, including industrial development and expansion. (2) Improvement and revitalization of the community's service commercial and industrial areas. (3) Recapture of general retail sales leakage from the City of Atascadero to other trade centers. (4) Improvement of traffic circulation throughout the Project Area,including better access to developable properties. (5) Improvement in the quality of the community's existing housing stock, through rehabilitation and replacement programs and new construction. (6) Improvement of infrastructure supporting the Project Area, including the improvement of deficient infrastructure that creates an adverse environmental impact,that limits full economic utilization of properties, and that is necessary for the maintenance of healthy commercial,residential and industrial areas. (7) Creation/enhancement of recreational and cultural opportunities available to the residents of the Project Area and of the community at-large. ` (8) Enhancement of community facilities available to residents of the Project Area and supportive of the local population at-large. (9) Elimination or mitigation of other existing blighting conditions and influences, including incompatible land uses,obsolete or substandard structures,inadequate public facilities, and/or small,irregular and landlocked parcels. 1 000044 WHEREAS,the Agency has prepared a Preliminary Report and Report to Council in order to address the follo ng factual blighting conditions: (1) Unsafe or unhealthy buildings as evidenced by abandoned structures constituting attractive nuisances and fire hazards. According to the building conditions survey, forty percent (40%) of the single-family residential structures are in need of some form of repair or rehabilitation. Approximately nine percent (9%) are considered to require major rehabilitation or demolition. (2) Parcels along El Camino Real suffer from inadequate access and a lack of infrastructure that have prevented their successful development in the past. Parcels in north El Camino Drive area are also undersized and not appropriate for their intended commercial land uses. Many are developed with depreciated single family dwellings on smaller parcels. Consequently, it is necessary to acquire multiple parcels, dislocate tenants, and to incur higher-than-market land acquisition costs to assemble parcels adequate for modern commercial use. Many of these parcels also have excessive depth to width ratios, exceeding 5:1 in many cases, which further hinder their effective use. (3) Parcels along the west side of north El Camino Real are served by parking facilities which are not fully developed. On-site parking is, in some cases non-existent or undeveloped. The size and configuration of lots further hinder effective use of commercial building sites because of lack of adequate on-site circulation, excessive number of drive approaches, and topographic site conditions which require greater setbacks and longer drive approaches than now permitted. Other physical factors which hinder the effective use of parcels are inconsistent or irregular parcel size, adjacent incompatible land uses and poor housing conditions on adjacent properties. (4) The Area includes uses which are incompatible with each other due to use characteristics,or due to the lack of onsite parking, storage areas,or type of operations. Single family uses are generally intermixed with larger commercial uses along El Camino Real. Industrial uses contribute significant traffic volumes to City roadways and create traffic impacts at key connection points to the City's main traffic arteries. The wrecking yard property on Traffic Way is also considered to be an incompatible land use. (5) Irregular parcelization as demonstrated in the Report to Council. (6) Depreciated or stagnant property values are evidenced by the lack of development and the presence of underdeveloped properties in the Project 2 000045 Area. The stagnant property values are indicated by the vacant shop properties along El Camino Real, by the underdeveloped or undeveloped properties on north El Camino Real,and the underdeveloped properties along Traffic Way. All of these properties are designated for urban uses by the City's General Plan. (7) The area has historically suffered from depressed property values for comparable dwelling units and properties elsewhere in the community. According to the County Auditor Controller growth in assessed valuation has averaged 2.2 per year over the last five years despite some development. Single family residential properties have market values ranging from seventy- one percent to ninety-two percent of the City average. Rents in the area are also below the City norm with rents averaging eighty to ninety-five percent of City medians. These depressed property values have a significant, adverse affect on City operations since typical single family residential uses in the area generate a need for approximately$470 per year in City services while generating only$199 per year in property tax and state per capita subventions according to the Long Range Fiscal Analysis. Similarly,industrial properties in the area negatively impact general fund revenue, generating $1,100 in property tax revenues per acre while having allocated costs of$5,500 per acre for general fund services. (8) Overcrowding exists in residential areas of the Project Area and multi-family units on south El Camino Real. Smaller lots in these areas provide less than adequate open space. Overcrowding in residential units also exists according to the 1990 Census. Overcrowding is defined as 1.01 person per habitable room and Substantial Overcrowding is defined as more the 1.5 persons per habitable room. Overcrowding is considered to be an indicator of inadequate residential design and development in units or areas impacted by overcrowding. Over twenty-four percent of the residential units are overcrowded with substantial overcrowding existing in fourteen percent of the dwelling units in the Project Area, according to the 1990 Census. WHEREAS,the Agency finds that the project area is predominantly urbanized as evidenced by the Report to Council. WHEREAS the Agency finds that there are no parcels that are enforceably restricted for agricultural use. WHEREAS, the Amendment has been prepared in conformance with the California Community Redevelopment Law, California Health and Safety Code Section 33000 et. seq. (hereinafter all statutory references will be in the California Health and Safety Code, unless otherwise indicated); and 3 000046 WHEREAS, the Atascadero Planning Commission reviewed the proposed redevelopment plan and associated boundaries and recommended approval of the plan, and found the plan to be in conformance with thD Atascadero General Plan; and, WHEREAS, the Agency has prepared a Report.to Council and an Implementation Plan which describe the relationship of the proposed added capital projects to the Redevelopment Plan's goals and objectives and, WHEREAS, a public hearing was conducted on June 29, 1999 on the plan,notice for which was made for four su cessive weeks prior to such hearing in the Atascadero News, a local newspaper of general circulation, and thirty days mailed notice to all property owners, affected taxing entities, businesses and residents as prescribed by Law; and, WHEREAS, a Agency has considered the factual evidence presented in the EIR,the Report to Council,written objections to the Amendment to the Plan, if any, and public testimony. NOW, THEREFORE,BE IT RESOLVED AS FOLLOWS: 1. The above recitals are true and correct. 2. The Atascadero Redevelopment Agency hereby approves and adopts the Plan and recommends that the City Council adopt the Ordinance on file in the office of the City lerk which approves the amendment. 3. The Implementation Plan for the Atascadero Redevelopment Plan is hereby adopted and the Implementation Plan contained in the Redevelopment Plan shall become the official Implementation Plan for the Redevelopment Plan pursuant to Section 33490 of the California Health and Safety Code. PASSED AIM ADOPTED by the this_day of , 1999,by the following vote: AYES: NOES: ABSTAIN: ABSENT: Ray Johnson, Chairman ATTEST: 4 0000.47 Marcia Torgerson,Agency Secretary Approved as to Legal Form Stephen Deitsch Special Counsel,to the Agency 5 000048 � ATTACHMENT G 00009 RESOLUTION 1999-042 A RESOLUTION OF THE ATASCADERO CITY COUNCIL APPROVING AND ADOPTING THE ATASCADERO REDEVELOPMENT PLAN WHEREAS the Planning Commission and the Atascadero Redevelopment Agency adopted a Preliminary Plan for the redevelopment of the Atascadero Redevelopment Project which includes the following goals and objectives: (1) Expansion and diversification of the community's economic and employment base, through the facilitation of more year-round employment opportunities, including industrial development and expansion. (2) Improvement and revitalization of the community's service commercial and industrial areas. (3) Recapture of general retail sales leakage from the City of Atascadero to other trade centers. (4) Improvement of traffic circulation throughout the Project Area,including better access to developable properties. (5) Improvement in the quality of the community's existing housing stock, through rehabilitation and replacement programs and new construction. (6) improvement of infrastructure supporting the Project Area, including the improvement of deficient infrastructure that creates an adverse environmental impact,that limits full economic utilization of properties,and that is necessary for the maintenance of healthy commercial,residential and industrial areas. (7) Creation/enhancement of recreational and cultural opportunities available to the residents of the Project Area and of the community at-large: (8) Enhancement of community facilities available to residents of the Project Area and supportive of the local population at-large. (9) Elimination or mitigation of other existing blighting conditions and influences, including incompatible land uses,obsolete or substandard structures,inadequate public facilities, and/or small, irregular and landlocked parcels. 1 000050 WHEREAS,the Agency has prepared a Preliminary Report and Report to Council in order to address the follo ing factual blighting conditions: (1) Unsafe or unhealthy buildings as evidenced by abandoned structures constituting attractive nuisances and fire hazards. According to the building conditions survey, forty percent (40%) of the single-family residential structures are in need of some form of repair or rehabilitation. Approximately nine percent (9%) are considered to require major rehabilitation or demolition. (2) Parcels along El Camino Real suffer from inadequate access and a lack of infrastructure that have prevented their successful development in the past. Parcels in north El Camino Drive area are also undersized and not appropriate for their intended commercial land uses. Many are developed with depreciated single family dwellings on smaller parcels. Consequently, it is necessary to acquire multiple parcels, dislocate tenants, and to incur higher-than-market land acquisition costs to assemble parcels adequate for modern commercial use. Many of these parcels also have excessive depth to width ratios, exceeding 5:1 in many cases, which further hinder their effective use. (3) Parcels along the west side of north El Camino Real are served by parking facilities which are not fully developed. On-site parking is, in some cases not-existent or undeveloped. The size and configuration of lots further hinder effective use of commercial building sites because of lack of adequate on-site circulation, excessive number of drive approaches, and topographic site conditions which require greater setbacks and longer drive approaches than now permitted. Other physical factors which hinder the effective use of parcels are inconsistent or irregular parcel size, adjacent incompatible land uses and poor housing conditions on adjacent properties. (4) The Area includes uses which are incompat. with each other due to use characteristics,or due to the lack of onsite parking, storage areas, or type of operations. Single family uses are generally intermixed with larger commercial uses along El Camino Real. Industrial uses contribute significant traffic volumes to City roadways and create traffic impacts at key connection points to the City's main traffic arteries. The wrecking yard property on Traffic Way is also considered to be an incompatible land use. (5) Irregular parcelization as demonstrated in the Report to Council. (6) Depreciated or stagnant property values are evidenced by the lack of development and the presence of underdeveloped properties in the Project 2 00005$ Area. The stagnant property values are indicated by the vacant shop properties along El Camino Real, by the underdeveloped or undeveloped properties on north El Camino Real,and the underdeveloped properties along Traffic Way. All of these properties are designated for urban uses by the City's General Plan. (7) The area has historically suffered from depressed property values for comparable dwelling units and properties elsewhere in the community. According to the County Auditor Controller growth in assessed valuation has averaged 2.2 per year over the last five years despite some development. Single family residential properties have market values ranging from seventy- one percent to ninety-two percent of the City average. Rents in the area are also below the City norm with rents averaging eighty to ninety-five percent of City medians.These depressed property values have a significant,adverse affect on City operations since typical single family residential uses in the area generate a need for approximately$470 per year in City services while generating only$199 per year in property tax and state per capita subventions according to the Long Range Fiscal Analysis. Similarly,industrial properties in the area negatively impact general fund revenue, generating $1,100 in property tax revenues per acre while having allocated costs of$5,500 per acre for general fund services. ' (8). Overcrowding exists in residential areas of the Project Area and multi-family units on south El Camino Real. Smaller lots in these areas provide less than adequate open space. Overcrowding in residential units also exists according to the 1990 Census. Overcrowding is defined as 1.01 person per habitable room and Substantial Overcrowding is defined as more the 1.5 persons per habitable room. Overcrowding is considered to be an indicator of inadequate residential design and development in units or areas impacted by overcrowding. Over twenty-four percent of the residential units are overcrowded with substantial overcrowding existing in fourteen percent of the dwelling units in the Project Area,according to the 1990 Census. WHEREAS,the City Council finds that the project area is predominantly urbanized as evidenced by the Report to Council. WHEREAS the City Council finds that there are no parcels that are enforceably restricted for agricultural use. WHEREAS, the Amendment has been prepared in conformance with the California Community Redevelopment Law, California Health and Safety Code Section 33000 et. seq. (hereinafter all statutory references will be in the California Health and Safety Code, unless otherwise indicated); and 3 000052 WHEREAS, the Atascadero Planning Commission reviewed the proposed redevelopment plan and associated boundaries and recommended approval of the plan,and found the plan to be in conformance with the Atascadero General Plan; and WHEREAS, the Agency has prepared a Report to Council and an Implementation Plan which describe the r lationship of the proposed added capital projects to the Redevelopment Plan's goals and objectives and, WHEREAS,a public hearing was conducted on June 29, 1999 on the plan,notice for which was made for four su cessive weeks prior to such hearing in the Atascadero News,a local newspaper of general circulation, and thirty days mailed notice to all property owners, affected taxing entities, businesses and residents as prescribed by Law; and, WHEREAS,the City Council has considered the factual evidence presented in the EIR,the Report to Council, tten objections to the Plan,if any, and public testimony. NOW,THEREFORE,BE IT RESOLVED AS FOLLOWS: 1. The above recitals are true and correct. 2. The Atascadero City Council hereby approves and adopts the Plan on file in the office,of the City Clerk. • 3. TheP lementation Plan for the Atascadero Redevelopment Plan is hereby adopted and tie Implementation Plan contained in the Redevelopment Plan shall become the official Implementation Plan for the Redevelopment Plan pursuant to Section 33490 of the California Health and Safety Code. PASSED A14D ADOPTED by the Atascadero City Council this_day of ' 1999 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Ray Johnson,Mayor ATTEST: 4 000053 Marcia Torgerson, City Clerk Approved as to form: Roy Hanley,City Attorney 5 000054 � ATTACHMENT H 000055 ORDINANCE NO. 362 i AN ORDINANCE OF THE CITY OF ATASCADERO APPROVING AND ADOPTING THE REDEVELOPMENT PLAN FOR THE ATASCADERO REDEVELOPMENT PROJECT WHEREAS,the City Council of the City of Atascadero(the"Council")has received from the Atascadero Redevelopment Agency (the "Agency") the proposed Atascadero Redevelopment Plan(the"Plan')for the Atascadero Redevelopment Project(the"Project"), as approved by the Agency, a copy of which is on file at the office of the Agency together with the Report of the Agency to the Council including the reasons for the Atascadero Redevelopment Plan,the description of the physical and economic conditions existing in the Project Area, a description of the projects proposed by the Agency and how these projects will improve or alleviate blighting conditions and or influences within the Project Area, an Implementation Plan including projects, actions and expenditures proposed to be made within the first five years of the plan,the proposed method of financing the redevelopment of the Project Area, a plan for the relocation of property owners and tenants who may be temporarily or permanently displaced from the Project Area, an analysis of the Plan, the report and recommendation of the Planning Commission of the City of Atascadero (the "Planning Commission"), an Environmental Impact Report on the Plan,and a neighborhood impact report; and, WHEREAS,the Planning Commission has submitted to the Council its report and . recommendations for approval of the Plan,and its certification that the Plan conforms to the General Plan of the City of Atascadero; and, WHEREAS,the Council and the Agency held a joint public hearing commencing on June 29, 1999 on adoption of the Plan in the City Council Chambers, Atascadero, California; and, WHEREAS, a notice of said hearing was duly and regularly published in the Atascadero News, a local newspaper of general circulation in the City of Atascadero,once a week for three successive weeks prior to the date of said hearing, and a copy of said notice and affidavit of publication are on file with the City Clerk and the Agency; and, WHEREAS,copies of the notice of joint public hearing were mailed by first class mail to the last known address of each assessee of each parcel of land in.the Project Area, as shown on the last equalized assessment roll of the County of San Luis Obispo, and to residents and businesses within the Project Area; and, WHEREAS,copies of the notice of the joint public hearing were mailed by certified mail with return receipt requested to the governing body of each taxing agency which receives taxes from property in the Project Area; and, 1 000056 . WHEREAS the Agency has prepared and adopted a program for the relocation of persons and businesses who i nay be displaced as a result of carrying out the Project in accordance with the Plan; and, WHEREAS the Council has general knowledge of the conditions existing in the Project Area and of the avail ibility of suitable housing in the City for the relocation of families and persons who maybe displace by the Project,and in the light of such knowledge of local housing conditions, has carefully considered and reviewed the Plan; and, WHEREAS' the Council has considered the report and recommendations of the Planning Commission,the Report of the Agency,the Plan's economic feasibility,the EIR, and has provided an opportunity for all persons to be heard and has received and considered all evidence and testimony presented for or against any and all aspects of the Redevelopment Plan; and, WHEREAS the Council has reviewed and considered the Supplemental EIR for the Plan, prepared and submitted by the Agency and certified by the City Council by Resolution pursuant to Public R,-sources Code Section 21151 and Health and Safety Code Section 33352, and determined that there would not be a significant impact if the mitigation measures contained in the Atascadero GeneralPlan were implemented. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO DOES HEREBY ORDAIN AS FOLLOWS: Section 1. That thePmP ose and intent of the Council with respect to the redevelopment of the Project Area is to accomplish the following: (1) Expansion and diversification of the community's economic and employment base,through the facilitation of more year-round employment opportunities, including industrial development and expansion. (2) Improvement and revitalization of the community's service commercial and industrial areas. (3) Recapture of general retail sales leakage from the City of Atascadero to other trade centers. (4) Improvement of traffic circulation throughout the Project Area, including better access to developable properties. (5) Improvement in the quality of the community's existing housing stock, through rehabilitation and replacement programs and new construction. (6) Improvement of infrastructure supporting the Project Area, including the improvement of deficient infrastructure that creates an adverse environmental impact, that limits full economic utilization of properties, and that is 2 0®005' necessary for the maintenance of healthy commercial, residential and industrial areas. (7) Creation/enhancement of recreational and cultural opportunities available to the residents of the Project Area and of the community at-large. (8), Enhancement of community facilities available to residents of the Project Area and supportive of the local population at-large. (9) Elimination or mitigation of other existing blighting conditions and influences, including incompatible land uses, obsolete or substandard structures,inadequate public facilities,and/or small,irregular and landlocked parcels. Section 2. The Council hereby finds and determines that: a. The Project Area is blighted,the redevelopment of which is necessary to effectuate the public purposes declared in the California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.). This finding is based upon the following conditions which characterize the Project Area: (1) Unsafe or unhealthy buildings as evidenced by abandoned structures constituting attractive nuisances and fire hazards. According to the building conditions survey, forty percent (40%) of the single-family residential structures are in need of some form of-repair or rehabilitation. Approximately nine percent (9%) are considered to require major rehabilitation or demolition. (2) Parcels along El Camino Real suffer from inadequate access and a lack of infrastructure that have prevented their successful development in the past. Parcels in north El Camino Drive area are also undersized and not appropriate for.their intended commercial land uses. Many are developed with depreciated single family dwellings on smaller parcels. Consequently, it is necessary to acquire multiple parcels, dislocate tenants, and to incur higher-than-market land acquisition costs to assemble parcels adequate for modern commercial use. Many of these parcels also have excessive depth to width ratios, exceeding 5:1 in many cases, which further hinder their effective use. (3) Parcels along the west side of north El Camino Real are served by parking facilities which are not fully developed. On-site parking is, in some cases non-existent or undeveloped. The size and configuration of lots further 3 000058 . hinder effective use of commercial building sites because of lack of adequate on-site circulation, excessive number of drive approaches, and topographic site conditions which require greater setbacks and longer drive approaches than now permitted. Other physical factors which hinder the effective use of parcels are inconsistent or irregular parcel size, adjacent incompatible land uses and poor housing conditions on adjacent properties. (4) The Area includes uses which are incompatible with each other due to use characteristics,or due to the lack of onsite parking, storage areas,or type of operations. Single family uses are generally intermixed with larger commercial uses along El Camino Real. Industrial uses contribute significant traffic volumes to City roadways and create traffic impacts at key connection points to the City's main traffic arteries. The wrecking yard property on Traffic Way is also considered to be an incompatible land use. (5) Irregular parcelization as demonstrated in the Report to Council. (6) Depreciated or stagnant property values are evidenced by the lack of development and the presence of underdeveloped properties in the Project Area. The stagnant property values are indicated by the vacant shop properties along El Camino Real,by the underdeveloped or undeveloped properties on north El Camino Real, and the underdeveloped properties along Traffic Way. All of these properties are designated for urban uses by the City's General Plan. (7) The area has historically suffered from depressed property values for comparable dwelling units and properties elsewhere in the community. According to the County Auditor Controller growth in assessed valuation has averaged 2.2 per year over the last five years despite some development. Single family residential properties have market values ranging from seventy-one percent to ninety-two percent of the City average. Rents in the area are also below the City norm with rents averaging eighty to ninety-five percent of City medians. These depressed property values have a significant,adverse affect on City operations since typical single family residential uses in the area generate a need for approximately$470 per year in City services while generating only$199 per year in property tax and state per capita subventions according to-the Long Range Fiscal Analysis. Similarly,industrial properties in the area negatively impact general fund revenue, generating $1,100 in property tax revenues per acre while having allocated costs of$5,500 per acre for general fund services. 4 000059 (8) Overcrowding exists in residential areas of the Project Area and multi- family units on south El Camino Real. Smaller lots in these areas provide less than adequate open space. Overcrowding in residential units also exists according to the 1990 Census. Overcrowding is defined as 1.01 person per habitable room and Substantial Overcrowding is defined as more the 1.5 persons per habitable room. Overcrowding is considered to be an indicator of inadequate residential design and development in units or areas impacted by overcrowding. Over twenty-four percent of the residential units are overcrowded with substantial overcrowding existing in fourteen percent of the dwelling units in the Project Area,according to the 1990 Census. These findings are based on the facts presented in the Preliminary Report for the Atascadero Redevelopment Plan, the Report to Council for the Plan, the Supplemental EIR, public testimony and declarations by City officials. Some blighting conditions have increased in intensity, despite the Agency's aggressive efforts to mitigate them. b. It is further found and determined that such conditions are causing and will increasingly cause a reduction and lack of proper utilization of the area to such an extent that it constitutes a serious physical and economic burden on the City,which cannot reasonably be expected to be reversed or alleviated by private enterprise acting alone,requiring redevelopment in the interest of the health, safety and general welfare of the people of the City and the State. This finding is based on the fact that governmental action available to the City without redevelopment would be insufficient to cause any significant correction of the blighting conditions, and that the nature and costs of the public improvements and facilities required to correct the blighting conditions are beyond the capacity of the City and cannot be undertaken or borne by private enterprise acting alone. C. That the project is urbanized as defined by Section(b)of Section 33320.1 of the Health and Safety Code. This finding is based on the fact that the Project Area is 87.3 percent urbanized as shown in revised Table 2-1 of the Report to Council. Such urbanized parcels include those that are or have been used for urban uses, are characterized as being of irregular form and shape, inadequate in size for proper usefulness, and/or which are in multiple ownership; and, integral parcels which are substantially surrounded by parcels which are or have been developed for urban uses. d. The Plan, along with other actions authorized by the Plan,will redevelop the Project Area in conformity with the Community Redevelopment Law in the interests of the public peace,health, safety and welfare. This finding is based upon the fact that redevelopment of the Project Area will implement the 000060 objectives of the Community Redevelopment Law by aiding in the e ation and correction of the conditions of blight,providing for planning, d velopment, redesign, clearance, reconstruction or rehabilitation of poperties which need improvement and providing for higher economic u ilization of potentially useful land. e. tie adoption and carrying out of the Plan is economically sound and feasible. Further, that the time limitations and any applicable limitations on the n iniber of dollars that may be allocated to the Agency that are contained in e plan are reasonably related to the proposed projects to be implemented in e project area and to the ability of the Agency to eliminate blight within the P cject Area. These findings are based on the fact that under the Plan, the gency will be authorized to seek and utilize a variety of potential financing resources, including tax increments; that the nature and timing of public redevelopment assistance will depend on the amount and availability of such financing resources, including tax increments generated by new investment in the Project Area; and that under the Redevelopment Plan, no public redevelopment activity will be undertaken unless the Agency can demonstrate that it has adequate revenue to finance the activity; and, further at Report to Council indicates that there is a balance of anticipated revenues with the proposed needs of the Project Area. f. The Plan conforms to the General Plan of the City of Atascadero. This Ending is based on the Atascadero Planning Commission findings and the Plan conforms to the General Plan of the City of Atascadero. g. 1 he carrying out of the Plan will promote the public peace,health, safety and elfare of the City of Atascadero and will effectuate the purposes and policy f the Community Redevelopment Law. This fmding is based on the fact t iat redevelopment will benefit the Project Area by correcting conditions of light and by coordinating public and private actions to stimulate evelopment'and improve the economic and physical conditions of the roj ect Area. h. The Agency has a feasible method and plan for the relocation of families and persons who might be displaced,temporarily or permanently, from housing. cilities in the Project Area. This finding is based upon the fact that the Plan provides for relocation assistance and replacement housing according to law. i. There are,or are being provided,within the Project Area or within other areas of generally less desirable with regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the �hmilies and persons who might be displaced from the Project Area,decent, afe and sanitary dwellings equal in number to the number of and available 6 000061 to such displaced families and persons and reasonably accessible to their places of employment. This finding is based upon the fact that no person or family will be required to move from any dwelling unit until suitable replacement housing is available and a relocation plan has been adopted pursuant to Sections 33411 and 33411.1 of the Community Redevelopment Law. j. The elimination of blight and the redevelopment of the Project Area could not reasonably be expected to be accomplished by private enterprise acting alone without the aid and assistance of the Agency. This finding is based upon the existence of blighting influences,including faulty or inadequate utilities,and the inability of individual developers to economically remove these blighting influences without substantial public assistance in providing adequate utilities,the inability of low and moderate income persons to finance needed improvements, and the inadequacy of other governmental programs and financing mechanisms to eliminate blight, including the provision of necessary utilities. k. The Plan for the Project Area will afford the maximum opportunity, consistent with the sound needs of the City as a whole, for the redevelopment of such area by private enterprise. 1. The Plan contains adequate safeguards so that the work of redevelopment will be carried out pursuant to the Plan, and it provides for the retention of controls and the establishment of restrictions and covenants running with the land sold or leased for private use for periods of time and under conditions specified in the Plan, which this Council deems necessary to effectuate the purposes of the Community Redevelopment Law. In. There are no non-contiguous areas of the Project Area and all areas are either blighted or necessary or effective redevelopment and are not included for the purpose of obtaining the allocation of taxes from the area pursuant to Section 33670. Significant economic and physical conditions of blight in conformance with State law as demonstrated in the Report to Council and the Preliminary Report. The Project Area meets the blight test in the areas of the prevalence of unsafe and unhealthy buildings, presence of conditions preventing or hindering their economically viable use,presence of irregular parcelization, depreciated property values,residential overcrowding, excess of bars, liquor stores and adult oriented uses, and a high crime rate. n. The inclusion of lands,buildings,or improvements which are not individually detrimental to the public health, safety, or welfare is necessary for the effective redevelopment of the Project Area of which they are apart and that any area so included is necessary for effective redevelopment is not included for the purpose of obtaining the allocation of tax increment revenues from the 7 000062 area pursuant to Section 33670 of the Health and Safety Code. The substantial justification for inclusion of such lands is as follows: O The inclusion of such properties is necessary for the economic feasibility for redevelopment of the Project Area. The Report to Council demonstrates that these areas are needed to generate sufficient tax increment revenues to complete the projects described in the Preliminary Report and the Report to Council ( ) The exclusion of these properties would make implementation of the project infeasible since the Agency would not be able to comprehensively plan the area and undertake projects in an effective manner. 3) The non-blighted properties are adversely affected by the blighted properties. The Report to Council demonstrates that while there are relative concentrations of blight within the Project Area, respectively,the adverse influence of the blighted properties has affected all properties within the Project Area as demonstrated by the Report to Council. 4) The non-blight properties will benefit from the Agency's activities since infrastructure will be extended,commercial facilities provided, crime reduced, and other conditions remedied that will increase these properties values. Section I. The Council is satisfied that permanent housing facilities will be available within three years from the time occupants of the Project Area are displaced, if any, and that pending the development of the facilities, there will be available to the displaced occupants,if any,adequate temporary housing facilities at rents compara- ble to th se in the City of Atascadero at the time of their displacement. No persons or families of low or moderate income shall be displaced from residences unless and until there is a suitable housing unit available and ready for occupancy by such displaced persons or families at rents comparable to those at the time of their displacement. Such housing units shall be suitable to the needs of such displaced persons or families and must be decent, safe, sanitary and otherwise standard dwellings. The Agency shall not displace any such persons or families until such housing units are available and ready for occupancy. Section 4. The Council is satisfied that all written objections received before or at the noticed public hearing have been responded to in writing. In addition, written findings have been adopted in response to each written objection of an affected property owner or taxing entity which has been filed with the City Clerk either before or at the notice public hearing. 8 000063 Section 5. That certain document entitled Report to Council for the Atascadero " Redevelopment Plan," and the "Preliminary Report for the Atascadero Redevelopment Plan", the maps contained therein and such other reports as are incorporated herein by reference,a copy of which is on file in the office of the City Clerk, having been duly reviewed and considered, is hereby incorporated in this Ordinance by reference and made a part hereof, and as so incorporated is hereby designated, approved and adopted as the official "Redevelopment Plan for the Atascadero Redevelopment Project." Section 6. In order to implement and facilitate the effectuation of the Redevelopment Plan hereby approved,this Council hereby(a)pledges its cooperation in helping to carry out the Redevelopment Plan, (b)requests the various officials, departments, boards and agencies of the City having administrative responsibilities in the Project Area likewise to cooperate to such end and to exercise their respective functions and powers in a manner consistent with the redevelopment of the Project Area,(c)stands ready to consider and take appropriate action upon proposals and measures designed to effectuate the Redevelopment Plan, and(d)declares its intention to undertake and complete any proceeding necessary to be carried out by the City under the provisions of the Redevelopment Plan. Section 7. The City Clerk is hereby directed to send a certified copy of this Ordinance to the Agency whereupon the Agency is vested with the responsibility for carrying out the Redevelopment Plan. Section 8. The City Clerk is hereby directed to record with the Atascadero County Recorder a statement that the Atascadero Redevelopment Plan has been amended. Section 9. The City Clerk is hereby directed to transmit, within thirty days of adoption of the Plan, a copy of the description and statement recorded by the Clerk pursuant to Section 9 of this Ordinance, to the Auditor-Controller and Assessor of the County of Atascadero; to the governing body of each of the taxing agencies which receives taxes from property in the Project Area; and to the State Board of Equalization. Section 10. The City Clerk is hereby ordered and directed to certify the passage of this Ordinance and to cause the same to be published once in the Atascadero News, a newspaper of general circulation, published and circulated in the City of Atascadero Section 11. If any part of this Ordinance or the Plan which it approves is held to be invalid for any reason, such decision shall not affect the validity of the remaining portion of this Ordinance or of the Plan, and this Council hereby declares that it would have passed the remainder of this Ordinance or approved the remainder of the Redevelopment Plan if such invalid portion thereof had been deleted. • 9 000064 Section 2. The area described in the legal description and ma in Attachment A to gp this ordi:iance are hereby added to the Atascadero Redevelopment Project Section 13. This Ordinance shall be in full force and effect thirty(30)days after its passage. PASSED AND ADOPTED by the Atascadero City Council this_day of 1999 by the foll wing vote: AYES: NOES: ABSENT: ABSTAIN: Ray Johnson,Mayor ATTEST: Marcia Torgers n; City Clerk Approved as to form: Roy Hanley, City Attorney 10 000065 Attachment A to Ordinance 362 Legal Description and Map ATASCADERO REDEVELOPMENT PROJECT BOUNDARY DESCRIPTION Beginning at the intersection of the Northerly right of way line of Soledad Avenue, and the Northerly prolongation of the Westerly right of way line of Miramon Avenue,which point is situated near the Northwesterly corner of Block K of the Map of Atascadero,per map recorded in Book 4, of Maps, at page 11, San Luis Obispo County Records; 1. Thence, South 26°20'East, along said Northerly prolongation, and along said Westerly right of way line of Miramon Avenue, 2577 feet, more or less, to a point on the Northwesterly right of way line of Del Rio Avenue; 2. Thence, South 46°55'West, along said Northwesterly right of way line, 50 feet, to a point on the Easterly right of way line of the Southern Pacific Railroad; 3. Thence, Southerly, along said Easterly right of way line, 1874, feet more or less,to a point on the Southwesterly prolongation of the Southeasterly line of Lot 11 of Pine Mountain, Amendment L,per map recorded in Book 4 of Maps, at page 81A,San Luis Obispo County Records; 4. Thence, South 30015'West, along said Southwesterly prolongation, across said Southern Pacific Railroad right of way, 100 feet, to the Southwesterly right of way line of said Southern Pacific Railroad; 5. Thence, South 61°22' East, along last said right of way line 274 feet,more or less,to a point on the Northeasterly prolongation, of the Southeasterly line of Block F of said Atascadero Subdivision; 6. Thence, South 33°25'00" West, along said Northeasterly prolongation and along said Southeasterly line of said Block F,a distance of 1976 feet,more or less,to the Southerlymost corner of Lot 39 of said Block F; 7. Thence, North 54000' West, along the Southwesterly line of said Lot 39, and along the Northwesterly prolongation thereof,361 feet,more or less,to a point on the Westerly right of way line of State Hwy. 41; 8. Thence, Southerly along last said Westerly right of way line,403 feet,more or less,to point on the Easterly prolongation of the Southerly right of way line of Country Club Drive; 9. Thence,North 65°29' West, along last said Easterly prolongation and along said Southerly right of way line, 682 feet, more or less, to a point on the Easterly right of way line of Capistrano Avenue; 000066 Page 1 of l l Attachment A to Ordinance 362 Legal Description and Map 10. Thence, Southerly, along said Easterly right of way line, 2,077 feet,more or less,to a point on the Northeasterly right of way line of South Mall Extension; 11. Thence,Southeasterly along last said Northeasterly right of way line, 694 feet,more or less, to a point or.said Westerly right of way line of State Hwy. 41; 12. Thence, South 48°00'East, across said State Hwy.41, a distance of 100 feet,more or less, to a point on the Easterly right of way line of said State Hwy.41, and the Northeasterly right of way line of Santa Ysabel Avenue; 13. Thence, So easterly, along said Northeasterly right of way line, 331 feet,more or less,to the Souther ymost corner of Parcel A of Parcel Map recorded in Book 31 of Parcel Maps, at page 30, S)an Luis Obispo County Records,which point is situated on the Northwesterly line of Lot , of Block K-A of said Map of Atascadero; 14. Thence, Sou h 35°50'West,along said Northwesterly line of Lot 8,a distance of 5 feet,more or less,to a oint on said Northeasterly right of way line of Santa Ysabel Avenue; 15. Thence, Soi theasterly, along last said Northeasterly right of way line, 3862 feet, more or less,to a point on the Southeasterly right of way line of Curbaril Avenue; 16. Thence,Southwesterly,along last said Southeasterly right of way line,730 feet,more or less, to the Northwesterlymost corner of Lot 88 of Block M-C of said Amended Map of Atascadero• 17. Thence, So th 31°27' East, along the Southwesterly line of said Lot 88, and along the Southwesterly line of Lot 93,of said Block M-C, and the Southeasterly prolongation thereof, 462 feet,more or less,to a point on the Southeasterly right of way line of Junipero Avenue; 18. Thence, South 47°West along last said Southeasterly right of way line, 35 feet,more or less, to the Westerlymost corner of Lot 147A of Block M-C of said Amended Map of Atascadero . 19. Thence, Soi ith 46°O1' East, along the Southwesterly line of said Lot 147A, and along the Southwesterly line of Lot 146A of said Block M-C, a distance of 475 feet,more or less,to the Southerlymost corner of said Lot 146A, which point is situated on the Northwesterly right of way line of Palomar Avenue; 20. Thence, S utheasterly, across said Palomar Avenue, 40 feet more or less, to the Northerlymost corner of Lot 154A of said Block M-C, which point is situated on the Southeasterly right of way line of said Palomar Avenue; 21. Thence, So ath 39°29'West, along said Southeasterly right of way line, 317.4 feet,more or less, to a point on the Easterly right of way line of El Camino Real; 22. Thence, South 73° West, across said El Camino Real, 100.2 feet, more or less, to the Northerlymost corner of Lot 5,of Tract No. 1583 per map recorded in Book 14 of Maps, at Page 2 of 11 000067 Attachment A to Ordinance 362 Legal Description and Map page 74, San Luis Obispo County Records,which point is situated on the Westerly right of way line of said El Camino Real; 23. Thence,Northerly, along last said Westerly right of way line, 250 feet,more or less,to the Northerlymost corner of Lot 3 of said Tract No. 1583; 24. Thence, South 57°23'40" West, along the Northwesterly line of said Lot 3, and the Southwesterly prolongation thereof, 883 feet,more or less,to a point on the Westerly right of way line of State Hwy 101; Thence,Northerly, along said Westerly right of way line the following courses: 25. North 21059'15" West,225 feet, 26. North 46°45'49" West, 71.59 feet, 27. North 25058'57" West, 315.77 feet, 28. North 41054'56" West, 99.75 feet,to a point on the Southerly right of way line of Curbaril Avenue; Thence, continuing along said Westerly right of way line State Hwy 101 the following courses: 29. North 37057'02" West, 250.89 feet, 30. North 12017'55 West,415.93 feet, 31. North 12003'40" West, 203.04 feet, 32. North 05021'03" West, 104.77 feet, 33. North 21059'15" West, 109.61 feet, 34. North 17026'17" West, 145.59 feet, 35. North 20°00'40" West, 90.79 feet, 36. North 39019'38" West, 129.77 feet, 37. North 70000'03" East, 59.03 feet, 38. North 21059'15" West, 507.93 feet, 39. North 22011'52" West, 60.50 feet, 40. North 33015'00" West, 185.10 feet, 41. North 26°24'41" West, 136.71 feet,to a point on the centerline of Esperanza Avenue,which point is situated on a curve concave Southerly having a radius of 19 1.1 feet,; 42. Thence,Easterly along said centerline of Esperanza Avenue and along said 191.1 foot radius curve,through a central angle of 05°02'16" an arc distance of 17.8 feet,to a point on a curve concave Westerly having a radius of 2900.00 feet. A radial line from last said point to the center of 2900 foot radius curve bears South 7502654" West; 43. Thence, continuing along said Westerly right of way line of State Hwy. 101 Northerly,along said 2900.00 foot radius curve through a central angle of 10'24'15" an arc distance of 526.60 feet,; Page 3 of 11 000068 Attachment A to Ordinance 362 Legal Description and Map 44. Thence,continuing along said Westerly right of way line,North 47°24'43" West,29.07 feet, to a point on a curve concave Westerly,having a radius of 319.00 feet. A radial line from last said point to the center of said 319.00 foot radius curve bears, South 73°13'10" West; 45. Thence, continuing along said Westerly right of way line,Northerly,along said 319.00 foot radius curve through a central angle of 31°11'10" an arc distance of 173.63 feet,to a point of compound curvature and beginning of a tangent curve concave Southwesterly having a radius of 1709.19 feet; 46. Thence, cont' uing along said Westerly right of way line,Northerly,along said 1709.19 foot radius curve through a central angle of 17°29'30" an arc distance of 521.79 feet,; 47. Thence, con inuing along said Westerly right of way line,North 65°27'30" West, 5.7 feet, more or less to a point on the Westerly right of way line of Tecorida Avenue; 48. Thence, Southerly, along said Westerly right of way line, 1401 feet,more or less,to a point on the Southerly right of way line of San Andreas Avenue; 49. Thence, Westerly, along last said Southerly right of way line, 302 feet, more or less, to a point on the Easterly right of way line of Atascadero Avenue; 50. Thence, Southerly, along last said Easterly right of way line, 2380 feet, more or less, to a point on the Southerly right of way line of Curbaril Avenue; 51. Thence,WeE terly, along said Southerly right of way line of Curbaril Avenue, 1673 feet,more or less, to a oint on the Westerly right of way line of Santa Ynez Avenue; 52. Thence,Northerly, along said Westerly right of way line of said Santa Ynez Avenue,2588 feet,more or less,to a point on the Northerly right of way line of said San Andres Avenue; 53. Thence, South 87°20'East, along said Northerly right of way line,245 feet,more or less,to a point on the Westerly right of way line of Serra Avenue; 54. Thence,Northerly, along said Westerly right of way line 852 feet,more or less,to a point on the.Sou westerly right of way line of said Atascadero Avenue; 55. Thence,North 31°48' West, along said Southwesterly right of way line, 332 feet, more or less,to a point on said Northerly right of way line of said Santa Ynez Avenue; 56. Thence,Easterly, along said Northerly right of way line 964 feet,more or less,to a point on said Westerly right of way line of State Hwy 101; Thence,Northerly along last said Westerly right of way line the following courses: 57. North 57009'49" West, 139.98 feet, 58. North 4601 '10" West, 354.30 feet, Page 4 of 11 000069 Attachment A to Ordinance 362 Legal Description and Map 59. North 07°54'51" West, 36.80 feet, 60. North 58°10'10" West,225.32 feet, 61. North 63°38'51" West, 101.07 feet, 62. North 55007'00" West, 129.26 feet; 63. South 79°53'00" West, 38 feet, 64. North 57°01'30 West, 719.00 feet, 65. North 52031'30" West,204.00 feet, 66. North 42016'30" West, 180.00 feet, 67. North 49°46'30" West, 70.00 feet, 68. North 73°01'30" West, 123.60 feet,to the beginning of a tangent curve concave Northerly having a radius of 1412 feet; 69. Thence, continuing along said Westerly right of way line, and along said 1412 foot radius curve,Northwesterly, 140.00 feet,more or less,to a point on the Westerly line of Lot 4 of Block G-B,per said Map of Atascadero; 70. Thence, continuing along said Westerly right of way line,North 31004'00" East, along said West line of Lot 4 a distance of 43.78 feet; Thence, continuing along said Westerly right of way line,the following courses: 71. North 50013'35" West, 151.75 feet, 72. North 32053'02" East, 29.28 feet, - 73. North 4302724" West,460.40 feet, 74. North 55036'49" West,205.91 feet, 75. North 48036'42" West, 164.51 feet, 76. North 74014'12" West, 92.30 feet, 77. North 60°07'02" West, 80.89 feet, 78. North 10001'46" West, 184.66 feet, 79. North 47°11'44" West, 117.98 feet, 80. South 64035'48" West, 194.70 feet, 81. North 42030'16" West, 102.25 feet, 82. North 44043'52" West, 72.77 feet, 83. North 49053'00"West, 207.60 feet, 84. North 49053'30" West, 119.67 feet, 85. North 35033'50" West,212.42 feet, 86. North 59014'30" West,;393.55 feet, 87. North 38°19'00" East, 117.07 feet, 88. North 52°09'00"West,297.56 feet,to a point on the Easterly right of way line of San Jacinto Avenue; 89. Thence,continuing along said Westerly right of way line,North 13021'42" East, 73.82 feet; 90. Thence, continuing along said Southerly right of way line, North 41014'13" West, 169.66 feet; Page 5 of 11 000070 Attachment A to Ordinance 362 Legal Description and Map 91. Thence,continuing along said Westerly right of way line,North 5003440" West,400.00 feet, to the begi 'ng of a tangent curve concave Southerly having a radius of 1520.00 feet; 92. Thence, coni inuing Northerly, along said Westerly right of way line,and along said 1520.00 foot radius curve,through a central angle of 20°23'40", an arc distance of 541.04 feet; Thence, continuing along said Westerly right of way line,the following courses: 93. North 70058'20" West, 30.00 feet, 94. North 5403('47" West, 149.44 feet, 95. North 2903629" West,400.00 feet, 96. North 49°0 '23" West, 355.04 feet, 97. North 3901('48" West, 223.70 feet, 98. North 4501 '18" West, 150.15 feet, 99. North 52'2Y20" West, 552.04 feet, 100. North 4503 15" West, 1463.22 feet, 101. North 32049 '20" West, 102.38 feet, 102. North 4604 '50" West, 871.19 feet, to a point on the Easterly right of way line of Graves Creek Road 103. Thence,North 45009'42" East, 42.83 feet,to the beginning of a non-tangent curve concave Westerly having a radius of 320 feet; 104. Thence, continuing along said Westerly right of way line, Northerly, along said 320 foot radius curve through a central angle of 45058'47" an arc distance 256.80 feet,to a point of reverse curvature in beginning of a tangent curve concave Northeasterly having a radius of 13080 feet; 105. Thence, continuing along said Westerly right of way line,Northerly, and along said 13080 foot radius curve through a central angle of 06°20'18", an arc distance of 1446.97 feet; 106. Thence, continuing along said Westerly right of way line,North 29°3439" West, 815 feet, more or less,to a point on the Westerly prolongation of the Southerly line of Lot 9 of Block 23 of Atas adero Colony per map recorded in Book AC3 of Maps, at page 26, San Luis Obispo County Records; 107. Thence,North 64°55'13" East, along said Westerly prolongation, and along said Southerly line, 504 feet,more or less,to apoint on said Westerly right of way line of El Camino Real; 108. Thence,North 25°04'31" West, along last said Westerly right of way line, 1100 feet,more or less,to a point on the Northerly right of way line of Del Rio Road; 109. Thence, So ath 62059'36" West, along last said Northerly right of way line, 50.01 feet; Page 6 of 11 000071 Attachment A to Ordinance 362 Legal Description and Map 110. Thence, continuing along said Northerly right of way line, South 80°23'06" West, 179.30 feet, to a point shown as being 250 feet right, from Station 139+50,per said Right of Way Maps for State Hwy. 101, at Post mile 48.3; 111. Thence, South 70°00'13" West, across said State Hwy. 101, a distance.of 505 feet,more or less,to a point on said Westerly right of way line of State Hwy. 101 shown as being 250 feet left, from Station 140+25; Thence, continuing along said Westerly right of way line,the following courses: 112. North 21001'34" West, 201.56 feet, 113. North 05032'19" East, 90.14 feet, 114. North 12046'29" West, 207.42 feet, 115. North 25017'20" West, 600.75 feet, 116. North 29042'30" West, 200.00 feet, 117. North 39038'00" West,203.03 feet, 118. North 23°01'10"West,352.40 feet,to the beginning of a non-tangent curve concave Easterly having a radius of 3090.00 feet. A radial line, from last said point to the center of said 3090.00 foot radius curve bears North 56042'22"East; 119. Thence, Northerly, along said 3090.00 foot radius curve, through a central angle of 19053'43",an arc distance of 740 feet,more or less,to the Southeasterly corner of that certain parcel of land currently identified by Assessor's Parcel No. 049-092-035, which point is situated on the Southerly line of Lot 13 of Block 48 of said Atascadero Colony; 120. Thence, Westerly, along said Southerly line of Lot 13,and along the Southerly line of said APN 094-092-035, a distance of 170 feet, more or less, to a point on the Easterly right of way line of San Ramon Road; 121. Thence,North 18012' West, along said Easterly right of way line, 170 feet,more or less,to the beginning of a non-tangent curve, concave Easterly,having a radius of 970.32 feet; 122. Thence, continuing along said Easterly right of way line,Northerly along said 970.32 foot radius curve,through a central angle of 20°53'12", an arc distance of 364.66 feet; 123. Thence, continuing along said Easterly right of way line,North 5007'08"East,389.38 feet, to the Northwesterly corner of that certain parcel of land identified by Assessor's Parcel No. 049-092-036; 124. Thence, at right angles, South 84052'52"East, along the Northerly line of said APN 049- 092-036, a distance of 10 feet,more or less,to a point on said Westerly right of way line of State Highway 101; 125. Thence, continuing along said Westerly right of way line,North 12°16'48" West, 66.88 feet to an angle point in said Westerly right of way line; Page 7 of 11 0000-2 Attachment A to Ordinance 362 Legal Description and Map 126. Thence, continuing along said Westerly right of way line,North 05007108" East, 685 feet, more or less,to a point on the Southerly right of way line of Santa Cruz Road; 127. Thence,North 86015'East,along last said Southerly right of way line,944 feet,more or less, to the Northeasterly comer of Lot 17A,of Block 49 of said Atascadero Colony; 128. Thence, South 33013' East, along the Northeasterly line of said Lot 17A, and along the Northeasterly lines of Lots 19 through 24 of said Block 49, a distance of 1862 feet,more or less,to the Easterlymost corner of said Lot 24,which point is situated on the Northerly right of way line Df Carrizo Road; 129. Thence, Southeasterly across said Carrizo Road,40 feet,more or less,to the Northerlymost corner or L t 25, of said Block 49; 130. Thence,Westerly and Southerly, along said Northerly right of way line of Obispo Road,and along the Westerly right of way line of said Obispo Road, and the Southerly prolongation thereof, 586 feet,more or less,to a point on the Southerly right of way line of said Del Rio Road; 131. Thence,E terly, along last said Southerly right of way line, 202 feet,more or less, to the Northeasterly corner of Lot 6 of Block 22, of said Atascadero Colony; 132. Thence, South 30°08' East, along the Northeasterly line of said Lot 6, and along the Northeasterly lines of Lots 8 through 16, and Lot 18 of said Block 22, a distance of 2249 feet,more or less, to the Easterlymost corner of said Lot 18,which point is situated on the Northwesterly right of way line of San Benito Road; 133. Thence, South 380 East, across said San Benito Road, 40 feet, more or less, to the Northeaster ymost corner of Lot 91 of Block 19, of said Atascadero Colony,which point is situated on the Southeasterly right of way line of said San Benito Road; 134. Thence, Southwesterly,along said Southeasterly right of way line, 895 feet,to a point on the said Easterly right of way line of El Camino Real; 135. Thence, Southerly, along said Easterly right of way line, 2934 feet, more or less, to the Westerlym st corner of Lot 105 of said Block 19 of said Atascadero Colony; 136. Thence,No th 37°East,along the Northwesterly line of said Lot 105,a distance of 1012 feet, more or les ,to the Northerlymost corner of said Lot 105; 137. Thence, South 45°54'40" East, along the Northeasterly line of said Lot 105, and along the Northeaster ly line of Lot 106 of said Block 19,a distance of 410 feet,more or less,to a point on the Northwesterly right of way line of San Anselmo Avenue; 138. Thence, South 290 East, across said San Anselmo Avenue, 87 feet, more or less, to the Northerlymost corner of Lot 17D of Block N-C Amendment D to Atascadero, per map Page 8 of 11 000073 Attachment A to Ordinance 362 Legal Description and Map recorded in Book 4 of Maps, at Page 62A, San Luis Obispo County Records,which point is situated on the Southeasterly right of way line of said San Anselmo Avenue; 139. Thence, South 5°16'East, along last said Southeasterly right of way line, 993 feet,more or less,to the Northwesterly corner of Lot 61 of said Block N-C,which point is situated on the Southerly right of way line of Cayucos Avenue; 140. Thence,South 84°44'East,along said Southerly right of way line of Cayucos Avenue, 175.78 feet, to an angle point in said Southerlyright of way line; 141. Thence,continuing along said Southerly right of way line,North 35°56'East, 185 feet,more or less, to an angle point in said Southerly right of way line, which point is also the Northerlymost comer of Lot 62G of said Block N-C; 142. Thence, Southeasterly, along the Southwesterly right of way line of said Cayucos Avenue, 249 feet,more or less,to an angle point in said Southwesterly right of way line which point is situated in the intersection of said Cayucos Avenue and Valdez Avenue; 143. Thence,continuing along said Southwesterly right of way line, Southeasterly, 525 feet,more or less, to the Easterlymost corner of Lot 63 of said Block N-C,which point is situated on the Northwesterly right of way line of Hermosillo Avenue; 144. Thence, South 64° East, across said Hermosillo Avenue, 40 feet, more or less, to the Northerlymost corner of Lot 64D of said Block N-C; 145. Thence, continuing along said Southwesterly right of way line of Cayucos Avenue, South 64°04' East, along the Northeasterly line of said Lot 64D, a distance of 122.47 feet, to the Easterlymost corner of said Lot 641); 146. Thence, South 36°37' West, along the Southeasterly line of said Lot 64D and along the Southeasterly lines of Lots 64E through 64H of said Block N-C, a distance of 320.61 feet, to the Southerlymost corner of said Lot 64H; 147. Thence, South 34°47'East, along the Northeasterly lines of Lots 65G through 65M of said Block N-C,a distance of 305.53 feet,to the Northwesterly corner of Lot 65F of said Block N-C; 148. Thence,North 79°31'East, along the Northerly lines of Lots 65B through 65Fof said Block N-C, a distance of 362.45 feet,to the Northeasterly corner of said Lot 65B; 149. Thence, South 52°53' East,along the Northeasterly lines of Lots 70B through 70F of said Block N-C, a distance of 357.98 feet,to the Northerlymost corner of Lot 70A of said Block N-C; 150. Thence, South 43°50' East, along the line common to those two certain adjoining parcels currently identified by Assessor's Number 029-272-012 and 029-272-017,which are portions Page 9 of 11 000074 Attachment A to Ordinance 362 Legal Description and Map of said Lot 70A f Amendment B,and Lot 44C of Amendment P,to Atascadero, 184.09 feet, to a point on the Northerly right of way line of San Jacinto Avenue; 151. Thence, South 5° East, across said San Jacinto Avenue, 71 feet, more or less, to the Northeasterly, c mer of Lot 17 of Block P-A, of said Map of Atascadero, which point is situated on the Southerly right of way line of said San Jacinto Avenue; 152. Thence, Southwesterly, along last said Southerly right of way line, 245 feet,more or less, to the Northwes erly corner of said Lot 17,which point is situated on the Northeasterly right of way line of Ohneda Avenue; 153. Thence, Southeasterly, along last said Northeasterly right of way line, and along the Southwesterly line of said Block P-A, 2605 feet, more or less, to a point on the Westerly right of way 1' of Rosario Avenue, which point is the Southeasterly corner of Lot 1 of Block N-A,per said Map of Atascadero; 154. Thence,Northerly,along the Easterly line of said Block N-A, and along the Easterly line of Blocks P-A, M of said Map of Atascadero, and along the Easterly line.of Block E-A of said Amended Map of Atascadero, and along said Westerly right of way line of Rosario Avenue, a distance of 2936 feet, more or less, to the Southeasterly corner of Lot 6 of said Block E-A,which point is situated on the Westerly right of way line of Gancho Avenue; 155. Thence,Northy, along the Easterly line of said Lot 6, and along the Easterly lines of Lots 7 through 10A f said Block E-A, and along the said Westerly right of way line of Gancho Avenue, 846 feet,more or less,to the Northeasterlymost corner of said Lot 10A,which point is an angle point in said right of way line of Gancho Avenue; 156. Thence, Westerly, along the Southerly right of way line of said Gancho Avenue, and along the Northerly lire of said Lot 10A,and along the Northerly line of Lot 11 of said Block E-A, a distance of 34 feet,more or less,to the Northwesterly corner of said Lot 11,which point is situated on the Easterly right of way line of Dulzura Avenue; 157. Thence, Wester y, across said Dulzura Avenue, 40 feet, more or less, to the Northeasterly corner of Lot 16 of Block F-A, of said Map of Atascadero, which point is situated on the. Westerly right of way line of said Dulzura Avenue; 158. Thence, Wester y and Northerly, along said Westerly right of way line of Gancho Avenue, and along the Northerly line of said Lot 16, and along the Easterly line of Lot 17 of said Block F-A, a distance of 388 feet,more or less,to the Northeasterly corner of said Lot 17, which point is situated on the Southerly right of way line of Dolores Avenue; 159. Thence,Westerly, along said Southerly right of way line of Dolores Avenue, 802 feet,more or less,to a point on the Northwesterly right of way line of San Jacinto Avenue; 160. Thence,Northe sterly, along said Northwesterly right of way line of San Jacinto Avenue, 1215 feet,more or less,to a point on the Southwesterly right of way line of Estrada Avenue; Page 10 of 11 000075 Attachment A to Ordinance 362 Legal Description and Map 161. Thence Northwesterly, along said Southwesterly right of wa line of Estrada Avenue 1886 g YY feet,more or less,to a point on the Easterly right of way line of said San Anselmo Avenue; 162. Thence, Westerly, across said San Anselmo Avenue, 51 feet, more or less, to the Southerlymost corner of Lot 1,of Block 19 of said Atascadero Colony per map recorded in Book AC3, of Maps at page 20, which point is situated on the Northwesterly right of way line of said San Anselmo Avenue; 163. Thence,Northeasterly, along said Northwesterly right of way line of San Anselmo Avenue, 476 feet,more or less,to a point on the Northeasterly right of way line of Separado Avenue, 164. Thence, Southeasterly, along said Northeasterly right of way line,2406 feet,more or less, to a point on the Northerly right of way line of said San Jacinto Avenue, being at this location a 50 foot wide right of way; 165. Thence, Easterly, along said Northerly right of way line of said San Jacinto Avenue, a distance of 461 feet,more or less,to a point on the Southwesterly right of way line of said Southern Pacific Railroad; 166. Thence, Southeasterly, along said Southwesterly right of way line, 5 feet,more or less,to a point.on said Northerly right of way line of San Jacinto Avenue,being at this location a 40 foot wide right of way; 167. Thence, continuing along said Northerly right of way line, Easterly, along said Northerly right of way line, 155 feet,more or less,to the POINT OF BEGINNING. Page 11 of 11 000076