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Agenda Packet 07/06/1999
AGENDA SPECIAL MEETING CITY OF ATASCADERO JOINT CITY COUNCIL /REDEVELOPMENT AGENCY TUESDAY,JULY 06, 1999, 7:00 p.m. City of Atascadero 6500 Palma Avenue,4th floor Atascadero, California CALL TO ORDER PLEDGE OF ALLEGIANCE: Mayor Pro Tem/Vice Chairman Arrambide 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 AGENDA: Roll Call COMMUNITY FORUM: OLD BUSINESS: Redevelopment Plan Atascadero Redevelopment Project Area (Staff recommendation: Agency Board and City Council approve the following: 1. City Council adopt Resolution No. 1999-044 approving and adopting the written responses to written comme 7ts and objections to the Atascadero Redevelopment Plan. 2. Agency Board adopt Resolution No. RA 1999-003 making findings as to the Final Environmental I act Report for the Atascadero Redevelopment Plan 3. City Council adopt Resolution No. 1999-039 making findings and certifying the Final Environmental It7pact Report for the Atascadero Redevelopment Plan 4. Agency Board adqpt Resolution No. RA 1999-004 approving Rules for Owner Participation and Method of Re'ocation for displaced persons or businesses. 5. City Council adopt Resolution No. 1999-040 electing to receive a proportionate share of pass through taxes for the Atascadero Redevelopment Project Area 6. 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 7. Agency Board adopt Resolution No. RA 1999-005 approving and adopting the Redevelopment Plan for the Atascadero Redevelopment Project. 8. City Council adopt Resolution No. 1999-042 approving and adopting the Redevelopment Plan for the Atascadero Redevelopment Project. 9. 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. 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. DATE: 07/06/99 's ra � ■ is—is A 1979 CADS// City Manager's Agenda Report Wade G. McKinney Redevelopment Plan Atascadero Redevelo menu Project Area P RECOMMENDATION: Staff recommends Agency Board and City Council: 1. City Council dopt resolution 1999-044 approving and adopting the written responses to the written comments and objections to the Atascadero Redevelopment Plan. 2. Agency Board adopt Resolution RA1999-003 making findings as to the Final Environmental Impact Report for the Atascadero Redevelopment Plan 3. City Council adopt Resolution 1999-039 making findings and certifying- the Final Environmental Impact Report for the Atascadero Redevelopment Plan 4. Agency Board adopt Resolution RA1999-004 approving Rules for Owner Participation and Method of Relocation for displaced persons or businesses. 5. City CouncilAdopt Resolution 1999-040 electing to receive a proportionate share of pass through taxes for the Atascadero Redevelopment Project Area 6.. City Council Resolution 1999-041 finding that the use of taxes allocated from the project area for the . urpose 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 7. Agency Board adopt Resolution RA1999-005 approving and adopting the Redevelopment Plan for the Atascadero Redevelopment Project. 8. City Council adopt Resolution 1999-042 approving and adopting the Redevelopment Plan for the Atascadero Redevelopment Project. 9. 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 000001 DATE: 07/06/99 DISCUSSION: Background: On June 29, 1999, the City Council and Agency Board of Directors conducted a Public Hearing pursuant,to Section 33363 of the Health& Safety Code. During the course of the public hearing, individuals raised a number of concerns and issues, including suggestions for where the Plan might be improved. The following categorizes the major issues identified during the Public Hearing: 0 The use of and noticing requirements for eminent domain; • The lack of specificity in the plan regarding it's focus on downtown revitalization; • The lack of the identification of specific projects in the downtown area; • Concern that decisions made by the Agency may not meet the objectives of the Plan or be the consensus of the decision-makers. • The use of housing funds; • The initiation of the Main Street program separate from the Redevelopment Plan. As a result of these issues, many changes to the plan where made that would clarify and respond to the issues raised during the public hearing. Anal The revised Redevelopment Plan contains the following improvements: 1. Eminent Domain: The use of eminent domain may not be used on any property that is zoned residential, is used for residential purposes, or is a conforming use under the General Plan and Zoning Ordinance. The Public Noticing requirement was changed from 15 days to 60 days. 2. Downtown: The Downtown area is specifically defined in the definition section of the plan, and the goal of the Redevelopment Plan is specified as "the revitalization of downtown". All activities and projects that the Agency would participate, with few exceptions, would be required to take place in the downtown area. The exceptions include employment-generating activities only in the industrial area east of downtown and housing programs anywhere in the project area. The implementation plan provides both the policy and statutory assurance that the redevelopment plan will be implemented in a manner consistent with the redevelopment plan. 3. Specific Downtown Projects: Specific downtown projects are identified in the Implementation Plan section of the Redevelopment Plan. The priority of the projects and the nature of the improvements will be a product of the Main Street Program, which is 000002 DATE: 07/06/99 specifically designed to be a consensus community effort in outlining strategies for the • economic restructuring, design, organization and promotion of downtown. 4. Agency Decision making process: Several comments were received about the decisions and actions taken by the Agency may not reflect the "consensus of the entire membership of the Board, particularly in the allocation of funding, borrowing of funds, and use of eminent domain. Specific changes have been made to the plan to require the unanimous vote of the Agency Board of Directors to incur debt, borrow funds from the City and initiate eminent domain proceedings. Requiring a unanimous vote will provide the public the confidence that the projects undertaken by the Agency as part of the Redevelopment Plan are reflective of the consensus of the decision_making body, and therefore, representative of the community. Likewise, concerns were raised about the general public voting on the issuance of any bonding that would affect property taxes. A specific provision is included in the plan that requires a 2/3rds vote at an election before the-Agency can issue any General Obligation Bonds. 5. Housing Funds: The use of the housing set aside funds are specifically restricted to rehabilitation of existing housing stock and housing to meet community needs such as homeless shelters, neighborhood conservation and preservation through such activities as infrastructure improvements in neighborhoods in the Project Area, and replacement housing that the Agency is required to meet under State Law. Under the plan, new housing projects would not be able to be assisted by the Redevelopment Agency. 6. Main Street Program: It was evident from the testimony, that the Main Street program enjoys a cross section of support in the community. Although the initiation of the Main Street program may be considered from other City funds and supported from Redevelopment, it is doubtful that the program will be strong and effective without the reliability of some form of public investment, particularly as it relates to public improvements. An example of how the lack of public investment may not successfully achieve downtown revitalization is best exemplified within the Downtown Master Plan, adopted in 1990. A strategy was outlined and program to invest approximately $3.0 million dollars as part of the Master Plan program. A number of potential funding sources were identified in the Master Plan. However, many of the projects were not funded because of the lack of available resources from most of the areas identified in the plan. Consequently, many projects were not completed. Ironically,redevelopment tax increment was listed as a potential funding source for the Master Plan. The Main Street program requires a major commitment, and investment, from the public sector to achieve success. Main Street is designed as a comprehensive, community program that is implementation oriented. According to the National Trust for Historic Preservation, "a comprehensive public improvements program should be an integral part of the revitalization effort." In advocating the importance of a Public-Private Partnership, the Trust states"both the public and private sectors are responsible for design improvements downtown. A public improvements program itself cannot leverage private investments. On the other hand, a program carried out in conjunction with private building improvements and within the broader framework of the Main Street approach will significantly contribute to the downtown revitalization effort and provide a more attractive environment for businesses, investors and consumers". Therefore, the success 0000010" DATE: 07/06/99 of the Main Street effort may be limited by the lack of public investment in the partnership ef Fort. Conclusion: Clarifications to the Redevelopment Plan have been made to reflect the focus of downtown revitalization and voting requirements were changed to ensure complete consensus on the part of the decision makers on actions and projects undertaken through Redevelopment are representative of the ommunity. Likewise, the Main Street program will be launched and will serve the Agency is an advisory capacity on redevelopment projects, yet maintain independence in its operations and decisions. 000001,11 Redevelopment Plan � Marked up version to .show changes. • 000005 ARTICLE I INTRODUCTION Section 100 - AUTFIORITY FOR PLAN This Redevelopment Plan (hereinafter referred to as the "Plan") for the City of Atascadero Redevelopment Project has been prepared by the Redevelopment Agency of the City of Atascadero. The Plan has been prepared in conformance with the California Community Redevelopment Law, California Health and Safety Code Section 33000 et. seq., and with all other applicable laws and ordinances effective as of the date of adoption of the Plan. The contents of this Plan include the text set forth in the following sections, a Redevelopment Plan Map(Appendix A);a legal description and map of the Redevelopment Project Area(Appendix B), and a summary of public improvements and other activities which may be undertaken by the Agency in conformance with this Plan(Appendix C). Section 110 - DEFINITIONS As used in this Plan, the following terms, unless otherwise noted, are defined to mean: 110.1 "Project Ar a"means the Project Area, as depicted on the Map and the Legal Description for said area, attached hereto as Appendix"B". 110.2 "Agency"means the Atascadero Redevelopment Agency. 110.3 "Area Medi m Income"means the median household income of a geographic area of the State as adjusted for family size as annually estimated by the United States Department of Housing and Urban Development or, in the event such determinations are discontinued, income limits published by the State Department of Housing and Community Development (Health and Safety Code Section 50093). 110.4 "City Coun 'il"means the City Council of the City of Atascadero, California. 110.5 "Days"meanq calendar days, except when the last day falls on a Saturday, Sunday or legal holiday,in which case the following day is included. 110.6 "Downtown" °eans the area within the Project Area,generally boundedby Highway 101, Highway 41,Bajada Avenue and Rosario Avenue: 110.6 "City"means the City of Atascadero, California. 110.7 "Legal Description"means a description of the land within the Project Area in accordance with map specifications approved by the California State Board of Equalization, attached hereto as Appendix "B". Redevelopment Plan June, 1999 City of Atascadero R development Project Page 1 000006 110.8 "Low or Moderate Income"means persons and families whose income does not exceed the limits set forth in Health and Safety Code Section 50093. 110.9 "Map"means the Redevelopment Plan Map, attached hereto as Appendix"A". 110.10 "Occupant'means the persons,families, or businesses holding possession of a building or part of a building. 110.11 "Project Area"means project area, as depicted on the Map and the Legal Description for said area, attached hereto as Appendix"B". 110.12 "Participant" means any person, legal or natural, who holds fee title to property in the Project Area. 110.13 "Person"means any individual or any public or private entity. 110.14 "Plan"means the Redevelopment Plan for the Atascadero Redevelopment Project. 110.15 "Planning Commission" means the Planning Commission of the City of Atascadero, California. 110.16 "Real Property"means land;buildings, structures, fixtures and improvements on the land; property appurtenant to or used in connection with the land; and every estate, interest, privilege, easement, franchise,and right in land, including rights-of-way,terns for years, and liens,charges,or encumbrances by way of judgement,mortgage or otherwise, and the indebtedness secured by such liens. 110.17 "Redevelopment Law" means the Community Redevelopment Law of the State of California(California Health and Safety Code, Section 33000 et. seq.), as to date. 110.18 "State"means any State agency or instrumentality of the State of California. 110.19 "Substantially Rehabilitated"means multi-family rented dwelling units with three or more units, single family dwelling units rehabilitated with Agency assistance where such rehabilitation constitutes at least twenty-five percent of the after-rehabilitation value of the dwelling unit, inclusive of land value. 110.20 "Tenant" means a person or group of persons who rent or otherwise are in lawful possession of a dwelling or business, including a sleeping room which is owned by another. 110.21 "Very Low Income" means persons and families whose incomes do not exceed the qualifying limits for very low income families established pursuant to Section 8 of the United States Housing Act of 1937 or,in the event such federal standards become obsolete, persons and families whose incomes do not exceed the appropriate limits as set forth in Health and Safety Code Section 50105. Redevelopment Plan June, 1999 City of Atascadero Redevelopment Project Page 2 000007 Section 120 - PROJECT AREA BOUNDARIES The boundaries of th City of Atascadero Redevelopment Project Area are depicted on the Ma p J p P attached to, and Inco orated in,this Plan as Appendix"A". A legal description of the Project Area boundaries is attache'I to, and incorporated in,this Plan as Appendix"B". Redevelopment Plan June, 1999 City of Atascadero R development Project Page 3 000008 ARTICLE 2 GOALS, OBJECTIVES, PRIORITIES, REQUIREMENTS AND PROCEDURES OF THE REDEVELOPMENT PLAN Section 200 -GENERAL DISCUSSION Article 2 of the Plan generally establishes the goals objectives, and priorities of the Redevelopment Project and describes in broad terms the types of land uses and development standards which will be promoted in the Project Area. Since the Redevelopment Agency is a separate legal entity from the City of Atascadero, it is appropriate for the Agency to establish general standards and controls for construction and development activities which are proposed to take place in the Project Area. For administrative ease and consistency, this section of the Plan adopts by reference City standards as found in the City General Plan, Zoning Ordinance, and various other building and development-related cocles. The Agency may adopt a process for administrative review to ensure that various redevelopment activities conform to the adopted standards. The Agency and the City are using the same standards. This generally assures that applicants for planning approvals and for building permits will be able to proceed as if the Agency did not exist as a separate entity as long as the development conforms with the Plan. Section 210 - OBJECTIVES OF THE REDEVELOPMENT PLAN The Project Area includes a number of conditions which are specified in the California Health and Safety Code as characteristics of blight. The goal of this Plan is to eliminate such conditions of blight by providing needed public improvements; by encouraging rehabilitation and repair of deteriorated structures;by facilitating land assembly and development which will result in housing opportunities,employment opportunities and an expanded tax base; and by promoting development in accordance with the City General Plan. The goal of the Redevelopment Plan is the revitalization of the Downtown. In pursuing attainment of this goal,overall objectives for the Redevelopment Plan: are established by this Plan, and are-. 210.1 The assemblyof land into parcels suitable for modern integrated development with p ln' P improved pedestrian and vehicular circulation in the P ejeet Ares. 210.2 The provision of opportunities for participation by owners and tenants in the revitalization of their properties. 210.3 The provision of adequate land for parking and open space. Redevelopment Plan June, 1999 City of Atascadero Redevelopment Project Page©oU9 210.4 The establishment and implementation of performance criteria to assure high site design standards and environmental quality and other design elements which provide unity and integrity . 210.5 Expansion and diversification of the community's economic and employment base,through the facilitatio of more year-round employment opportunities, including industrial development d expansion,the removal ofincompatible'lanal,uses; and the installation of public infrastructure. In addition to the Downtown area,.the Agency may participate in projects for the purposes of 4ehievmg this objective in-the industrial area located east of Lewis Avenue, south of Traffic Way;and.north of Atascadero Creek and west of Rosario/railroad tracks. 210.6 Improvement and revitalization of the downtown. 210.7 Increasing the capture of potential commercial trade. , . 210.8 Improvement f traffic circulation , consistent with the-General Plan. 210.9 Expansion anor improvement in the quality of the community's existing housing stock for low- and mod rate-income persons, through rehabilitation,reconstruction, programs. 2 10.10 Improvement of historical infrastructure deficiencies consistent with goals of the Plan including street pavement, curb, gutter, sidewalk, sewer,water and storm drainage. 2 10.11 Creation/enhancement of recreational and cultural opportunities available to the residents of the Project Area and of the community at-large, including enhancement of Atascadero Lake Park. 210.12 Enhancement of the community facilities available to residents of the Project Area and supportive of tie local population at-large including the expansion of the Atascadero Library. 210.13 210.14 Elimination of incompatible land uses. 210.15 Transition of obsolete land uses or uses causing the under-utilization of the underlying land, and assembly Df properties to best meet current market needs. 210.16 Elimination or mitigation of other existing blighting conditions and influences, including incompatible and uneconomic land uses, obsolete or substandard structures,inadequate and deteriorated public facilities, and/or small, multiple ownership, irregular or landlocked • parcels. Redevelopment Plan June, 1999 City of Atascadero R development Project Page S 000010 210.17 Protection of significant lustaricalbuildings, including;,;but not limited ;to the City Administration Building and the.Colony House. Specific prospective projects contemplated by the Agency to attain the objectives of the City of Atascadero Redevelopment Plan are described in Appendix "C" attached hereto, and by this reference,made apart hereof. Section 220 - CONFORMANCE TO THE CITY'S GENERAL PLAN All uses proposed in this Plan, or any amendments to this Plan, or any other plans that may be adopted by the Agency, shall be in conformance with the General Plan of the City. In its present form,the Plan is fully consistent with all applicable elements and provisions of the General Plan. As the General Plan is amended from time to time,the Redevelopment Plan map shall automatically be so amended . All requirements of the City Zoning Ordinance shall apply to all uses proposed hereunder. The Agency, after consultation with the Planning Commission,may,by resolution, adopt specific plans for all or any portion of the Project Area which establish architectural controls,heights of buildings, land coverage, setback requirements, traffic circulation, traffic access, sign criteria and other development and design controls consistent with this Plan and necessary for proper development of both private and public areas within the Project Area. These controls may not reduce or eliminate requirements of the appropriate zone classification of the City Zoning Ordinance. All such specific plan or design regulations shall be administered according to applicable city regulations to eliminate multiple levels of design review. Section 230 - PROJECT AREA LAND USES The Redevelopment Plan Map attached hereto as Appendix "A",in addition to depicting the location of and prescribing the boundaries of the Project Area, also illustrates the proposed land uses to be permitted in the Project Area, including public rights-of-way, public easements, and open space. These uses correspond to uses prescribed in the Land Use Element of the City of Atascadero General Plan and other General Plan and Zoning Ordinance designations of the City of Atascadero. They are summarized in the following paragraphs: 230.1 "Residential" Uses. Areas designated on the Map as Residential shall be developed in accordance with the applicable standards for residential uses as provided for in the General Plan of the City of Atascadero. 230.2 "Commercial/Office"Uses. Areas designated on the Map as Commercial shall be developed in accordance with the standards for each such use as described in'the General Plan of the City of Atascadero. 230.3 "Industrial" Uses. Areas designated on the Map as Industrial shall be developed in accordance with the standards for such uses as described in the General Plan of the City of Atascadero. Redevelopment Plan June, 1999 City of Atascadero Redevelopment Project Page 6 000011 230.4 "Other" Useq,. Areas designated on the Map as Public/Quasi-Public and Recreation/ Conservation 3hall be developed in accordance with the standards for such uses as described in the General Plan of the City of Atascadero. Redevelopment PlanJune, 1999 City of Atascadero R development Project Page 7 000012 Section 240 - OTHER LAND USES FOR THE PROJECT AREA Section 33333 of the Community Redevelopment Law requires that a redevelopment plan contain a description of the general layout of streets for the Project Area, as well as a description of property to be devoted to public purposes and the nature of such purposes. 240.1 Public Street Layout,Rights-of-Way and Easements. The public rights-of-way, easements, and principal streets proposed or existing in the Project Area are shown on the Map included as Appendix "A". Such streets and rights-of-way may be widened, altered, realigned, abandoned, vacated, or closed by the Agency and the City as necessary for proper development of the project. Additional public streets, alleys, and easements may be created by the Agency and the City in the Project Area as needed for proper circulation, in accordance with the adopted General Plan Circulation Element. The public rights-of-way shall be used for vehicular and pedestrian traffic, as well as for public improvements, public and private utilities, and activities typically found in public rights-of-way. In addition, all necessary easements for public facilities and public utilities may be retained and/or created. 240.2 Public and Quasi-Public Uses and Facilities. In any portion of the Project Area,the Agency is authorized to permit the establishment or enlargement of public, semi-public,institutional, or nonprofit uses. All such uses shall conform, so far as possible,with the provisions of this Plan applicable to the uses in the area involved. 240.3 Nonconforming_Uses. An existing use may remain in an existing building which is in good condition when such use does not conform to the provisions of this Plan,provided that such use is generally compatible with existing and proposed developments and uses in the Project Area. The owner of such a property may enter into a participation agreement and agree to the imposition of such reasonable restrictions as may be necessary to protect the development and use of the Project Area. The Agency may authorize additions, alterations, repairs or other improvements in the Project Area for uses which do not conform to the provisions of this Plan where such improvements are within a portion of the Project Area where, in the determination of the Agency, such improvements would be compatible with surrounding Project uses and development. Section 250 - GENERAL DEVELOPMENT REQUIREMENTS The following requirements shall be applicable generally to all property, and development of such property, located within the boundaries of the redevelopment Project Area. 250.1 Conformance with the Redevelopment Plan. All real property in the Project Area is hereby made subject to the controls and requirements of this Plan. No real property shall be developed, rehabilitated, or otherwise changed after the date of the adoption of this Plan except in conformance with the provisions of this Plan. Such conformity shall be ensured Redevelopment Plan June, 1999 City of Atascadero Redevelopment Project Page 8 00001.3 through the ap lication of City General Plan requirements, zoning requirements, building codes and other development regulations as may be adopted by the City or Agency in a manner consis ent with the application of such regulations outside the Project Area. 250.2 New Construction. All construction in the Project Area shall comply with and meet or exceed all app icable State and local laws in effect as from time to time, including,but not necessarily limited to: Zoning,Building,Electrical,Mechanical, and Plumbing Codes of the City of Atascadero. In addition, specific performance and development standards may be adopted by the Agency to control and direct redevelopment activities in the Project Area, following appropriate public review and adoption of standards. 250.3 Rehabilitation and Retention of Properties. Any existing structure within the Project Area which is specifically approved by the Agency for retention and rehabilitation may be repaired, alter d, reconstructed, or rehabilitated in such a manner that it will be safe and sound in all physical respects and not detrimental to the surrounding uses. In addition to applicable development standards, property rehabilitation standards for rehabilitation of existing-buildings and site improvements may be established by the Agency. 250.4 Limitations or. Type, Size Height, Number Prol2osed Use of Buildings, and Number of Dwelling Unit . The type, size,height, number,proposed use of buildings, and number of dwelling units shall be consistent with the City of Atascadero General Plan, the City of Atascadero Zoning Ordinance, any specific plan, or other requirements that may be adopted pursuant to thi 3 Plan. The number of dwelling units in the Project Area shall not exceed the number permitted under the City's General Plan. Section 260 - SPECIFIC DEVELOPMENT PROCEDURES 260.1 Review of ADblications for Building Permits. Upon the adoption of this Plan by the City Council and Agency after public hearing, no permit shall be issued for the construction of any new building or any addition to an existing building in the area covered by this Plan until the application for such permit has been processed in the manner herein provided. Any permit that is i sued hereunder must conform to the provisions of this Plan. All applications for permits shall be made and processed in a manner consistent with all City requirements. The Agency sl iall be notified of pending development applications and shall have the right of comment o such plans. The City and Agency shall work cooperatively to jointly ensure the implemen ation of the General Plan and the Redevelopment Plan. 260.2 Variations. Minor variations from the limits, restrictions, and controls established by this Plan may be authorized. In order to permit such minor variations, the Agency must determine that: 1. The strict application of the provisions of this Plan would result in practical difficulties or unnecessary hardships inconsistent with the general purpose and intent of this Plan. Redevelopment Plan June, 1999 City of Atascadero R 'development Project Page 9 0000-14 2. There are exceptional circumstances or conditions applicable to the property or to the intended development of the property which do not generally apply to other properties having the same standards,restrictions, and controls. 3. Permitting a minor variation will not be materially detrimental to the public welfare or injurious to the property or improvements within or outside the Project Area. 4. Permitting a minor variation will not be contrary to the objectives of this Plan or of the General Plan of the.City. No such minor variation shall be granted which permits substantial departure from the provisions of this Plan. In permitting any such minor variation, conditions may be imposed which are necessary to protect the public health, safety,or welfare, and to assure compliance with the purpose of this Plan. Nondiscrimination and nonsegregation clauses shall not be subject to minor variation. Variation permitted under this section shall be considered and reviewed in a manner consistent with development regulations which are applied outside of the Project Area through City design review,conditional use permits,variances, changes in zoning requirements, etc. The Agency shall be notified of all projects and have rights of comment. Agency and City shall cooperate in such review to the maximum degree possible. Redevelopment Plan June, 1999 City of Atascadero Redevelopment Project Page 10 000015 ARTICLE 3 TECHN QUES TO ACHIEVE REDEVELOPMENT OBJECTIVES Under existing law- a redevelopment plan is essentially an authorization document, setting forth the scope and types of activities which the Agency will be permitted to undertake,,or alternatively,the nature of and manner in which certain activities must be undertaken, in pursuit of the attainment of local redevelopment objectives. Redevelopment Law enerally specifies that a redevelopment agency should only undertake projects which would not occur without the involvement or assistance of the Agency. This means that an Agency, in the course of its activities, will focus on those projects which.cannot be achieved by private enterprise or by local municipal government acting alone,because such projects are outside the legal authority or beyond the financial capacity of such entities. In order for a redevelopment agency to successfull undertake projects which cannot be achieved by private enterprise or by local municipal government, it is necessary for the Agency to have certain"tools"with which to—operate. The tools which redevelopment agencies may use in implementing redevelopment in a community are specifically set forth in Redevelopment Law. The following section both authorizes and limits the use of these tools by the Atascadero Redevelopment Agency in implementing the Plan for the Atascadero Redevelopment Project. Section 300 - SUMMARY To attain the objectiv s of this Plan,the Atascadero Redevelopment Agency is authorized to use all the powers provided in this Plan and all the powers now or hereafter permitted by law, and to undertake the following implementation actions: 300.1 Provision for participation by owners and tenants of properties located in the Project Area and extension of preferences to business occupants and other tenants to remain or relocate within the redevelopment area; 300.2 Acquisition of real property and management of property under the ownership and control of the Agency; 300.3 Relocation assistance to displaced Project Area occupants; 300.4 Demolition or removal of buildings and improvements; 300.5 Installation, construction,or reconstruction of streets,utilities, open spaces and other public improvements and facilities; 300.6 Disposition of property for uses in accordance with this Plan; 300.7 Development and redevelopment of land by private enterprise and public agencies for uses in accordance with this Plan; Redevelopment Plan June, 1999 City of Atascadero R development Project Page 11 000016 300.8 Rehabilitation of structures and improvements by present owners,their successors, or the Agency; 0 300.9 Rehabilitation of low and moderate income housing within the community;and 300.10 Assembly of adequate sites for the development and construction of commercial/industrial facilities. Section 310 - PARTICIPATION BY OWNERS AND TENANTS It is the intent of the Agency to give preferential treatment to existing owners of residential,business and other types of real property in the Project Area for participation in the redevelopment of the area. 310.1 Conforming Owners. The Agency may determine that certain real property within the Project Area presently meets the requirements of this Plan, and the owners of such properties will be permitted to remain as conforming owners without a participation agreement with the Agency,,provided such owners continue to operate,use and maintain the real property within the requirements of this Plan. The Agency shall, upon the request of.such conforming owner, issue to that owner, in a form suitable for recordation, a Certificate of Conformance which shall provide in substance that the property conforms to the requirements of this Plan on the date of the certificate's issuance. The Agency may also determine that certain real property within the Project Area is in substantial conformance with the requirements of this Plan,and the owners of such property may be all to remain as conforming owners, except that such owners may be required to bring their property, to the extent possible, into greater conformance with this Plan. "Substantial conformance"shall mean the absence of blighting conditions identified in the Report to Council adopted with the Plan. Such Certificates of Conformity may be limited to a fixed term and may contain conditions. Any real property owned by conforming owners outside of designated conforming parcels within the Project Area shall be considered and treated in the same manner as real property owned by other owners; that is,such property may be subject to a participation agreement with the Agency. 310.2 Participation Opportunities for Owners. Persons who are owners of real property in the Project Area shall be given the opportunity to participate in redevelopment by retaining all or a portion of their properties and developing or improving such property for use in accordance with this Plan,by acquiring adjacent or other properties in the Project Area and developing or improving such property for use in accordance with this Plan, or where the Agency deems appropriate,by selling their properties to the Agency and purchasing other property or properties in the Project Area. The Agency specifically intends to limit its acquisition of real property to those properties which are essential to accomplishing the objectives of this Plan. Persons who own property 0 Redevelopment Plan June, 1999 City ofAtascadero Redevelopment Project Page 12 000017 ag 122017 within the Project Area shall be afforded ample opportunities to retain and develop or rehabilitate their properties consistent with the objectives of this Plan. 310.3 Re-Entry Preferences for Tenants. The Agency shall extend reasonable preferences to persons who a engaged in business in the Project Area to participate in the redevelopment of the Project Area or to re-enter in business within the Project Area if they otherwise meet the requirements prescribed in this Plan. The Agency shall also extend reasonable preferences to Project Area residents to re-enter within the redevelopment area if they otherwise me the requirements prescribed in this Plan. Business,residential, institutional and semi-public tenants shall be permitted, if they so desire, to purchase and develop real property in the Project Area if they otherwise meet the requirements prescribed in this Plan. 310.4 Rules for Parti i ation ODDortunities. Participation opportunities shall necessarily be subject to and limited by such factors as the land uses designated for the Project Area,the provision of public facilities, construction, widening or realignment of streets, the ability of Participants to finance acquisition and development of structures in accordance with this Plan, or-any c ange in the total number of individual parcels in the Project Area. In order to provide an opportunity to owners and tenants to participate in the growth and development of the Project Area, the Agency has promulgated rules for owner and tenant participation. If conflicts develop between the desires of Participants for particular sites or land uses,theAgency is authorized to establish reasonable priorities and preferences among the owners and tenants. Some of the factors to be considered in establishing these priorities and preferences may include present occupancy, Participant's length of residency or occupancy in he area, accommodation of as many participants as possible, similar land use to similar land use, necessity to assemble sites, conformity of Participants'proposals with the intent andobjectives of this Plan, and Participant's ability to finance the implementation and development experience. In addition to Dpportunities for participation by individual persons and firms,participation, to the extent it is feasible, shall be available for two or more persons, firms, or institutions to join together in partnerships, corporations, or other joint entities. The Agency ay require Participants to enter into binding agreements with the Agency by which Partici ants agree to develop, rehabilitate, or use and maintain the property in conformance ith this Plan and be subject to the provisions in the participation agreement. In such agre ents, Participants who retain real property shall be required to join in the recordation o such documents as are necessary to make the provisions of the agreement applicable to 'their properties. Whether or not a Participant enters into a participation agreement with the Agency, the provisions of this Plan are applicable to all public and private property in the Project Area. In the event a Participant fails or refuses to rehabilitate, develop,use and maintain his real property purs ant to this Plan, despite Agency's efforts to assist the owner through a participation agreement, the real property, or any interest therein, may be acquired by the Agency,in conformance with State property acquisition and tenant relocation guidelines and Redevelopment Plan June, 1999 City of Atascadero R development Project Page 13 000018 the payment of just compensation, and subsequently sold or leased for rehabilitation or development in accordance with this Plan. Section 320 - PROPERTY ACQUISITION AND MANAGEMENT 320.1 Acquisition of Real Property. The Agency may acquire,but is not required to acquire,any real property located in the Project Area by gift, devise, exchange, purchase, or any other lawful method including eminent domain. However, eminent domain shall not be used for arty of the foklovrig: a) progerWzg�ed'residentiat according to the Atascactero Zoning©rdinance, b) property ud foriesielent�al purposes, c) property fl At is a conforming use as defiled by-the:Atascad�eneral=Plarr and.'the Atascadero:Zoning Ordinance: The Agency is authorized to acquire structures without acquiring the land upon which those structures are located. The Agency is also authorized to acquire any other interest in real property less than fee title. Condemnation proceedings must be commenced within T2 years from the effective date of the ordinance adopting the Plan. Eminent domain shall only be used as a last resort, and shall require the 'unanimous vote of Agency at least *,&ee affin...eAive vetes a Board members eligible and qualified to vote. Plan;impr-eved with a sk-aetwe, eenfefms-te the Plan and is a een&fming use as defined by the ef the Ageney is net needed fer- ; ael4evemea4 ef the ebjeefives ef this Plan W4, rather-, said prrepei4y will devele. ; 4)— , size; ef ef land inte apprrepr-iMely sized and shaped par-eels sefved by 4np#eved g) , Through the adoption of this Plan, the Agency has not designated and/or identified any particular parcel of property or properties to be acquired through eminent domain. In the event that it is determined that a particular portion of any real property is required pursuant to the conditions stated above, for the above stated uses,then the power of eminent Redevelopment Plan June, 1.999 City ofAtascadero Redevelopment Project Page 14 000 019 domain shall not be exercised until a public hearing has been held before the Agency,with written notice of the said hearing given to all affected property owners as may be indicated on the latest I'ax assessment records, not less than sixty (60) X0) days prior to said hearing. Prior to any cquisition through eminent domain, the Agency shall adopt a resolution declaring a ned to acquire any specific property thereunder within three(3)years after the date of adopti n of the resolution declaring such need. Thereafter, the Agency shall declare the property to be exempt from acquisition by eminent domain. Thirty days prior to the acquisition of real property other than by eminent domain, the Agency shall rovide notice of such acquisition and the provisions of this section to holders of interests which would be made void and unenforceable pursuant to this section as follows: a. The Agency shall publish notice once in a newspaper of general circulation in the community in which the Agency is functioning. b. The Agency shall mail notices to holders of such interests if such holders appear on record sixty(60) days prior to the date of acquisition. The Agency may accept any release by written instrument from the holder of any such iinterest, or may commence action to acquire such interest, after the date of the acquisition of the real property. 320.2 Communitv Innut Prior to PM=Acquisition by the Agency. Except for those properties which are fo d to be necessary for the development and implementation of ultimate street right of way and utility improvements,the Agency shall conduct a public hearing with notice of same given by publication in a general circulation newspaper for a period of not less than ten (10) days prior to the hearing. Said public hearing shall be scheduled to discuss the merits of such acquisition and plans for redevelopment. The Agency shall encourage the input, recommendations, and comments from the community and interested citizens and groups involved in any such acquisition or development proposals. 320.3 Acquisition of Personal Property. Generally, personal property shall not be acquired. However,where necessary for the execution of this Plan,the Agency is authorized to acquire personal property in the Project Area by any lawful means, including eminent domain. 320.4 Pronertv Management. During such time as property, if any, in the Project Area is owned by the Agency, such property shall be under the management and control of the Agency. Such property may be maintained, managed, operated,repaired, cleaned,rented, or leased to an individual, family, business, or other appropriate entity by the Agency, pending its disposition fo redevelopment. The Agency shall maintain in a reasonably safe and sanitary condition allAgency-owned property that is not to be demolished. Furthermore,the Agency may insure against risks or hazards, any of the real or personal property which it owns. Redevelopment Plan June, 1999 City of Atascadero R' development Project Page 15 000020 Section 330 -RELOCATION OF PERSONS,FAMILIES AND BUSINESSES 330.1 Relocation Assistance. Relocation assistance will be furnished by the Agency to any person (either owners or renters)or business concern displaced by the Project. No person shall be displaced by the Project unless replacement housing is available in areas not generally less desirable with regard to public utilities,public and commercial facilities, and reasonably accessible to the place of employment, at rents or prices within the financial means of such persons, and the replacement dwelling unit is decent, safe and sanitary. 330.2 Relocation Plan. Prior to implementing a project that will relocate persons,the Agency shall prepare a feasible plan for relocation of all the following which might be impacted by the redevelopment project: a. Families and persons to be temporarily or permanently displaced from housingfacilities in the Project Area. b. Nonprofit local community institutions to be temporarily or permanently displaced from facilities actually used for institutional purposes in the Project Area. The City Council shall ensure that the Agency's pian for the relocation of families or single persons to be displaced by a project shall provide that no persons or families of low and moderate income shall be displaced unless and until there is a suitable housing unit available and ready for occupancy by such displaced person or family 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 such person or family until such housing units are available and ready for occupancy. 330.3 Relocation Payments. The Agency shall make relocation payments to qualified persons (including individuals and families), businesses and others displaced by the project. Such relocation payments shall be made pursuant to the California Relocation Assistance Law (Government Code Section 7260 et seq.)and Agency rules and regulations adopted pursuant thereto, and guidelines promulgated by the State Department of Housing and Community Development. In addition,the Agency may make any additional relocation payments which, in the Agency's opinion,may be reasonably necessary to carry out the purposes of this Plan. These additional payments shall be subject to the availability of funds for such purpose. Section 340 - DEMOLITION CLEARANCE SITE PREPARATION PROJECT IMPROVEMENTS AND PUBLIC IMPROVEMENTS 340.1 Demolition and Clearance. The Agency is authorized to demolish and clear or move, or cause to be demolished and cleared or moved,buildings, structures, and other improvements from any city-owned, Agency owned or privately owned real property in the Project Area pursuant to a redevelopment agreement as necessary to carry out the purposes of this Plan. Redevelopment Plan June, 1999 City of Atascadero Redevelopment Project Page 16 000021 340.2 Building Site Prggaration. The Agency is authorized to prepare, or cause to be prepared, as building sites any real property in the Project Area owned by the Agency. 340.3 Pro'ect Im rc ements. Pursuant to Section 33421 of the California Community Redevelopmer t Law, the Agency is authorized to install and construct, or to cause to be installed and c nstructed,project improvements and public utilities necessary to carry out this Plan. Suc improvements include,but are not limited to, streets, curbs, gutters, street lights, over d underpasses, utilities, sewers, storm drains, traffic signals, electrical distribution systems, natural gas distribution systems, water distribution systems, parking facilities, landscaped areas, fire hydrants,parks,playgrounds and other public improvements. Without the p 'or approval of 2/3rds of the City Council, the Agency may not use its authority pursuant to this subsection to develop a site for industrial or commercial use so as to provide streets, sidewalks,utilities or other improvements which an owner or operator of the site wouldotherwise be obliged to provide. In giving such consent, the City Council shall make a fi ding that the provision of such improvements is necessary to effectuate the purposes of this Plan and shall meet all other requirements of Redevelopment Law. 340.4 Public Improvements. Pursuant to Section 33445 of the California Community Redevelopment Law,the Agency may,with the consent of the City Council,pay all or part of the value of the land for, and the cost of the installation and construction of, any building, facility, structure or other improvement which is publicly owned, either outside or inside the Project Area, if the City Council and Agency make the appropriate findings and determination as set forth in Section 33445. Such determinations by the Agency and the City Councils all be final and conclusive. The construction or rehabilitation of a building that is, or that will be used as, a city hall or county administration building shall not be funded by the Agency, either directly or indirectly, with tax increment funds except as prescribed in Section 33445(g) of the California Community Redevelopment Law. The Agency is specifically authorized to provide, or participate in providing, the public improvements and facilities described in Appendix"C" attached to, and incorporated in,this Plan, provided the public improvements meet the objectives of this Plan. 340.5 Temporary Public Irn rovements. The Agency is authorized to install and construct,or cause to be installed and constructed, temporary public improvements and temporary public utilities necess to carry out this Plan. Such temporary public improvements shall include, but not be limited to, streets, public facilities and utilities. Temporary utilities may be installed above ground. Section 350 - PROPERTY DISPOSITION AND DEVELOPMENT 350.1 General Requirements. For the purpose of this Plan,the Agency is authorized to sell, lease, exchange, subdivide, transfer,assign, pledge, encumber by mortgage or deed of trust, or otherwise disp se of any interest in real or personal property. In the manner required, and to the extent permitted by law, before any interest in property of the Agency acquired in Redevelopment Plan June, 1999 City of Atascadero R evelopment Project Page 17 000022 whole or in part, directly or indirectly,with tax increment monies is sold, leased or otherwise disposed of for development pursuant to this Plan, such sale,lease or disposition shall first be approved by the City Council by resolution after public hearing,noticed as required by law. The Agency shall lease or sell all real property acquired by it in the Project Area, except property conveyed by it to the community. All real property acquired by the Agency in the Project Area shall be sold or leased for development for uses permitted under this Plan. Property containing buildings or structures rehabilitated by the Agency shall be offered for resale within one year after completion of rehabilitation,or an annual report concerning such property shall be published by the Agency as required by Section 33443 of the California Health and Safety Code. All purchasers or lessees of Agency-owned property in the Project Area shall be obligated to use the property for the purposes designated in this Plan, to begin and complete development of the property within a period of time which the Agency fixes as reasonable, and to comply with other conditions which the Agency deems necessary to carry out the purposes of this Plan. To the extent permitted by law,the Agency is authorized to dispose of real property through lease or sale by negotiation without public bidding, but only after a public hearing with notice as required by law. Real property may be conveyed by the Agency to the City or any other public body without charge. Any property acquired from the Agency pursuant to the Redevelopment Plan shall not be the subject of real estate speculation. 350.2 Disposition and Development Documents. To provide adequate safeguards ensuring that the provisions of this Plan will be carried out and to prevent the recurrence of blight, all real property sold, leased or conveyed by the Agency shall be made subject to the provisions of this Plan by lease, deed, contracts, agreements, declaration or other lawful means. The Agency shall reserve such powers and controls in the disposition and development documents as may be necessary to prevent transfer, retention or use of property for speculative purposes and to ensure that development is carried out pursuant to this Plan. The leases, deeds, contracts, agreements and declarations of restrictions may contain restrictions, covenants running with the land, rights of reversion, conditions subsequent, equitable servitudes, or any other provision necessary to carry out this Plan. Where determined appropriate by the Agency, such documents or portions thereof shall be recorded in the Office of the Recorder of the County of San Luis Obispo. All deeds, leases, or contracts for the sale, lease, sublease or other transfer of any land in a redevelopment project shall conform to the provisions and nondiscrimination clauses outlined in the following paragraphs. Restricting the rental, sale or lease of property on the basis of race, color, creed,religion, sex, marital status, ancestry or national origin of any person by lessees and purchasers of real Redevelopment Plan June, 1999 City of Atascadero Redevelopment Project Page 18 000023 property ac qu red in redevelopment projects and owners of property improved as part of a redevelopment project is prohibited. Redevelopment agencies, in accordance with Section 33435 of the alifornia Health and Safety Code, shall obligate said lessees and purchasers to refrain fron 1 discriminatory practices. . In accordance with Section 33436 of the California Health and Safety Code, leases and contracts which the Agency proposes to enter into with respect to the sale, lease, sublease, transfer,use, occupancy,tenure or enjoyment of any real property in the Project Area shall include the fo lowing provisions: In deeds, the llowing language shall appear: "The grantee herein covenants by and for himself, his heirs, executors, administrator and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of pers' ns on account of race, color, creed, religion, sex, marital status, national origin or anc try in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment ofthepremises herein conveyed, nor shall the grantee himself, or anyperson claiming under or through him, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the premises herein conveyed. The foregoing covenants shall run with the land." In leases, the following language shall appear: "The lessee herein covenants by and for himself, his h irs, executors, administrators and assigns, and all persons claiming under or through him, and this lease is made and accepted upon and subject to the following conditions: That there shall be no discrimination against, or segregation of, any person or groups of persons, on account of race, color, creed, religion, sex, marital status, national origin or ancestry, in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the premises herein leased, nor shall the lessee himself, or any person claiming under or through him, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees, subtenants, or vendees in the premises herein leased." In contracts entered into by the Agency relating to the sale,transfer or leasing of land or any interest there n acquired by the Agency within any Survey Area or Project Area, the foregoing pro 'sions,in substantially the form set forth,shall be included, and such contracts shall further I rovide that the foregoing provisions shall be binding upon and shall obligate the contracti g party or parties and any subcontracting party or parties, or other transferees under the instrument. 350.3 Desim for D velo ment. In order to effectuate this provision, all projects in the Project Area shall be subject to normal City review and approval procedures to adopted special applicable Agency guid lines. Agency and City shall cooperate to the maximum degree possible. In the case of p perty which is the subject of a disposition and development or participation agreement with the Agency, it shall be constructed in accordance with architectural, landscape am site plans submitted to and approved in writing by the Agency. Development Redevelopment Plan June, 1999 City of Atascadero edevelopment Project Page 19 /0000211 plans shall be submitted to the City for approval and review in conformance with City codes and regulations. All development must conform to this Plan and to all federal, State and local laws, as from time to time, and must receive the approval of appropriate public agencies. 350.4 Development by Agency. To the extent now or hereafter permitted by law, the Agency is authorized to pay for, develop or construct any buildings, facilities, structures or other improvements, either within or outside the Project Area, as set forth in Section 340. During the period of development in the Project Area,the Agency shall ensure that the provisions of the Plan and other documents formulated pursuant to this Plan are being observed, and that development in the Project Area is proceeding in accordance with development documents and time schedules. In addition to the public improvements authorized under Section 340.4,the Agency may pay for, install or construct the buildings, facilities, structures or other improvements identified in Appendix "C" hereto, and may acquire or pay for the land required therefore. Any participation by the Agency in the development of property shall require a unanimous majefity vote ef the entire membefship of the Board eligible and qualified to vote for such authority or agreement. Section 360 - REHABILITATION OF STRUCTURES 360.1 Rehabilitation of Structures. The Agency is authorized to adopt Property YRehabilitation Standards and to rehabilitate and conserve,or to cause to be rehabilitated and conserved,any building or structure in the Project Area owned by the Agency. The Agency is also authorized and directed to advise,encourage and financially assist in the rehabilitation and conservation of property in the Project Area not owned by the Agency. The Agency and/or the City may conduct a rehabilitation program to encourage owners of property within the Project Area to upgrade and maintain their property consistent with City codes and standards and with Property Rehabilitation Standards which may be adopted by the Agency. The Agency and/or the City may develop a program for making low interest loans for the rehabilitation of commercial properties in the Project Area. 360.2 Moving of Structures. As is necessary in carrying out this Plan and where it is economically feasible to do so, the Agency is authorized to move, or cause to be moved, any standard structure or building which can be rehabilitated to a location within or outside the Project Area,provided that all requisite requirements of Redevelopment Law have been met. 360.3 Buildings of Historical Significance. Special consideration shall be given to the protection, rehabilitation or restoration of any,structure determined to be historically significant by the City, State Office of Historic Preservation or Department of the Interior, taking into consideration State guidelines and local registries and listings. Redevelopment Plan June, 1999 City of Atascadero Redevelopment Project Page 20 000025 ARTICLE 4 LOW AND MODERATE INCOME HOUSING Section 400 - REQUIREMENT FOR TWENTY PERCENT OF TAX INCREMENT REVENUES TO BE USED FOR HOUSING No less than twenty percent(20%) of all taxes allocated to the Agency pursuant to Section 33670 of the California Health and Safety Code shall be used by the Agency for the purposes of increasing, improving and prese ing the City's supply of housing for persons and families of low or moderate income, unless certain findings are made annually as required by Section 33334.2 to lessen or exempt such requirement. The Agency may use these funds to meet, in whole or in part, the replacement housing provisions set forth in this Plan nd the Community Redevelopment Law. These funds may be used inside or outside the Project Area provided, however, that funds may used outside the Project Area only if findings of benefit to the Project are made as required by Section 33334.2 of the Health and Safety Code. The funds for this p ose shall be held in a separate Low and Moderate Income Housing Fund until used. Any interest earned by such Low and Moderate Income Housing Fund shall accrue to the Fund. Section 410 - LOW AND MODERATE INCOME HOUSING AND REPLACEMENT HOUSING In carrying out the ac 'vities contemplated in this Plan, it may become necessary, from time to time, for the Agency to enter into various agreements, such as an agreement for acquisition of real property, an agreement for the disposition and development of property, or an owner participation agreement, which would lead to the destruction or removal of dwelling units from the low and moderate income housing market. Not less than thirty(30) days prior to the execution of such an agreement which would lead to destruction or removal of low and moderate income dwelling units, the Agency shall adopt,by resolution, a Replacement Housing Plan pursuant to Section 33413.5 of the Health and Safety Code. A dwelling unit whose replacement is required by Section 33413 of the California Health and Safety Code,but for which no Replacement Housing Plan has been prepared, shall not be removed from the low and moderate income housing market, except as set forth in Section 33413.5. For a reasonable peri:)d of time prior to adopting a Replacement Housing Plan, the Agency shall make available a dra of the proposed Plan for review and comments by public agencies and the general public. In accordance with Section 33334.5 of the Health and Safety Code,whenever dwelling units housing persons and families of low or moderate income are destroyed or removed from the low and moderate income housing market as part of the Project, the Agency shall,within four(4) years of Redevelopment Plan June, 1999 City of Atascadero R development Project Page 21 000026 such destruction or removal,.rehabilitate, develop or construct, or cause to be rehabilitated, developed or constructed, for rental or sale to persons and families of low or moderate income an equal number of replacement dwelling units at affordable housing costs within the Project Area or within the territorial jurisdiction of the Agency in accordance with all of the provisions of Sections 33413 and 33413.5 of the Health and Safety Code. Section 420 - PROVISION OF LOW AND MODERATE INCOME HOUSING To carry out the purposes of this Article 4,the Agency may,to the extent permitted by law;psi& , acquire land, donate land, improve sites, or construct or rehabilitate structures or exercise any or all of its powers authorized under Section 33334.2 of the Health and Safety Code in order to provide housing for persons and families of low or moderate income. The Agency may also provide subsidies to,or for the benefit of, such persons and families or households to assist them in Obtaining housing within the City. The Agency may enter into agreements with appropriate organizations for the purpose of increasing and improving the City's supply of low or moderate income housing. The Agency shall provide preference to projects and activities within the Project Area for the purposes of this provision. -- Section 430 - NEW OR REHABILITATED DWELLING UNITS DEVELOPED WITHIN THE PROJECT AREA In accordance with Section 33413 of the Health and Safety Code,at least thirty percent(30%)of all new and substantially rehabilitated dwelling units developed by the Agency shall be available at affordable housing costs to persons and families of low or moderate income; and, of such thirty percent(30%),not less than fifty percent(50%)thereof shall be available at affordable housing costs to, and occupied by very low income households. At least fifteen percent(15%)of all new and substantially rehabilitated dwelling units developed by public or private entities or persons other than the Agency shall be available at affordable housing costs to persons and families of low or moderate income; and of such fifteen percent(150/6),not less than forty percent (40%) thereof shall be available at affordable housing cost to very low income households. The percentage requirements set forth in this section shall apply in the aggregate to housing in the entire Project Area and not to each individual case of rehabilitation,development or construction of dwelling units. The Agency shall require, by contract or other appropriate means, that whenever any low or moderate income housing units are developed within the Project Area, such units shall be made available on a priority basis for rent or purchase,whichever the case may be,to persons and families of low or moderate income who are displaced by the project;provided,however,that failure to give such priority shall not affect the validity of title to the real property upon which such housing units have been developed. The requirements set forth in this Section are independent of the requirements set forth in Section 410. The Agency, as part of the Implementation Plan to be prepared as set forth in Section 650, shall Redevelopment Plan June, 1999 City of Ataseadero Redevelopment Project Page 22 000027 adopt a plan to comply with and ensure compliance with the requirements of this Section in accordance with Section 33413 of the Health and Safety Code. Section 440 - DURALTION OF DWELLING UNIT AVAILABILITY- The Agency shall require that the aggregate number of dwelling units rehabilitated, developed or constructed for low or moderate income persons and families as set forth in Section 430 above shall remain for persons and families of low, moderate income or very low income households, respectively, for not less than the period of time set forth in Section 33413 of the Health and Safety Code. Section 450 - LAST RESORT HOUSING If sufficient suitable housing units are not available in the City for use by persons and families of low or moderate income displaced by the project,the Agency may,to the extent of that deficiency, direct or cause the dev, lopment,rehabilitation or construction of housing units within the City,both inside and outside the Project Area. -- Redevelopment Plan June, 1999 City of Atascadero R development Project Page 23 00002:8 ARTICLE 5 PROJECT FINANCING Section 500 FRAMEWORK Redevelopment agencies are not allowed to levy property taxes of any kind. Therefore, agencies primarily finance their various projects and implementation activities through tax increment financing. Tax increments are derived from property taxes which result from increases in assessed valuation of property in a Project Area, once a Redevelopment Plan has been adopted. Such assessed valuation increases can only occur from new development, from property improvements, from property sales or transfer, or from an annual inflationary increase (up to 2%) as allowed by Proposition 13. Because of the limitations of Proposition 13, the basic property tax levy is one percent of the assessed valuation of property. With this one percent limitation, a redevelopment agency may receive up to $10,000 annually for every million dollars of increased assessed valuation which occurs in a Project Area subsequent to the adoption of a Redevelopment Plan. Such funds flow to the Agency each year until project completion, and then only to the extent that the agency has indebtedness which must be repaid. In addition to tax increment revenues, an agency is legally authorized to utilize other funds,such as federal or State grants and various loans and notes, and utilize various types of bond financing to finance its activities. This section of the Plan describes the financing tools the Agency may utilize and the limitations on those tools. Section 510 - GENERAL DESCRIPTION OF PROPOSED FINANCING METHODS The Agency is authorized to finance the project with assistance from the City, State of California, United States Government,any other public agency, from property tax increments,interest revenue, income revenue,Agency-issued notes and bonds, loans from private financial institutions,the sale or lease of Agency-owned property, or from any other available sources of financing which are legally available and do not conflict with the objectives of the adopted Redevelopment Plan. The City may supply advances and expend money as necessary to assist the Agency in carrying out the project. Such assistance shall be on terms established by an agreement between the City and the Agency. Section 520 - TAX INCREMENTS Pursuant to Section 33670 of the California Health and Safety Code, all taxes levied upon taxable property within the City of Atascadero each year by or for the benefit of-the State of California, County of San Luis Obispo, City of Atascadero, any district,or other public corporation(hereinafter sometimes called "taxing agencies") after the effective date of the ordinance approving this Plan, shall be divided as follows: Redevelopment Plan June, 1999 City of Atascadero Redevelopment Project Page 24 0O,X122.9 That portion o the taxes which would be produced by the rate upon which the taxis levied each year by or for each of the taxing agencies upon the total sum of the assessed value of the taxable pro erty in the redevelopment project as shown upon the assessment roll used in connection wit the taxation of such property by such taxing agency, last equalized prior to the effective d to of such ordinance, shall be allocated and collected shall be paid to the, respective taxii g agencies as taxes by or for the taxing agencies on all other property are paid (for the purpos of allocating taxes levied by or for any taxing agency or agencies which did not include the territory in a redevelopment project on the effective date of such ordinance but to which that territory has been annexed or otherwise included after such effective date, the assessment roll of the County of San Luis Obispo last equalized on the effective date of said ordinance shall be used in determining the assessed valuation of the taxable property in the Project Ara on the effective date); and that portion of the levied taxes each year in excess of that amount shall be allocated to and when collected shall be paid into a special fund of the Agency to pay the principal of and interest on bonds, loans,monies advanced to, or indebtedness (whether funded,refunded, assumed or otherwise) incurred by the Agency to finance or r finance,in whole or in part,this redevelopment project and payment fo taxing agencies pursuant to Section 530. Unless and until the total assessed value of the taxable property in the Project Area exceeds the total assessed value of the taxable property in the Project Area as shown on the last equalized assessment roll, all of the taxes levied and collected upo the taxable property in the project shall be paid into the funds of the respective taxing agencies. When such bonds, loans, advances and indebtedness,if any, and interest thereon,have been paid, all monies thereafter received from taxes upon the taxable property in the Project Area shall be paid into the funds of the respective taxing agencies as taxes on all other property are paid. That portion of taxes discussed in this section is hereby irrevocably pledged for the payment of the principal of and interest on the advance of monies, or the making of loans, the incurring of any indebtedness (whethe funded, refunded, assumed orotherwise) by the Agency to finance or refinance in whole or n part the Atascadero Redevelopment Project. The Agency is autho zed to make such pledges as to specific advances, loans, indebtedness and other obligations as a propriate in carrying out the project. Section 530 - PAYMENTS TO TAXING AGENCIES Commencing with the first fiscal year in which the Agency receives tax increments and continuing through the last fiscal year in which the Agency receives tax increments with respect to the Area, the Agency shall pay to any taxing agency with territory located within the Project Area an amount calculated pursuant to Section 33607.5 of the California Community Redevelopment Law as that section is in effect at the time of adoption of the Ordinance adopting the Plan. Redevelopment Plan June, 1999 City of Atascadero Revelopment Project Page 25 0000 i0 Section 540 - ISSUANCE OF BONDS AND NOTES The Agency may issue bonds or notes when a determination has been made that such financing is required and feasible. Such bonds or notes shall be issued only after the Agency has determined that funds are, or will be, available to repay principal and interest when due and payable. Neither the members of the Agency nor any persons executing the bonds are liable personally on the bonds by reason of their issuance. The bonds and other obligations of the Agency are not a debt of the City or the State,nor are any of its political subdivisions liable for them,nor in any event shall the bonds or obligations be payable out of any funds or properties other than those of the Agency, and such bonds and other obligations shall so state on their face. The bonds do not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. Section 550 - LOANS AND GRANTS The Agency is authorized to obtain advances,borrow funds and create indebtedness in carrying out this Plan. Therinci al and interest on such advanced funds and indebtedness may be aid from tax p p Y P increments or any other funds available to the Agency. Section 560 - LOW AND MODERATE INCOME HOUSING FUND Subject to the provisions of Section 400 of this Plan,not less than twenty percent(20%)of all taxes which are allocated to the Agency pursuant to Section 33670 and Section 520 of this Plan shall be held in a separate low and moderate income housing fund and used by the Agency for the purposes of increasing,improving and preserving the community's supply of housing for persons and families of low or moderate income, as set forth in the Community Redevelopment Law. Section 570 - FINANCING LIMITATIONS Consistent with Sections 33333.2 and 33334.1 of the California Community Redevelopment Law, the following financing limitations are imposed on this Plan: 570.1 No loans, advances or indebtedness to finance,in whole or in part, the project and to be repaid from the allocation of these taxes described in the before-mentioned Section 33670 shall be established or incurred by the Agency beyond twenty(20)years from the date of adoption of the Redevelopment Plan. These limits,however, shall not prevent the Agency from incurring debt to be paid from the Low and Moderate Income Housing Fund or establishing more debt in order to fulfill the Agency's housing obligations under Section 33413 of the California Community Redevelopment Law. 570.2 The Agency shall not pay indebtedness or receive property taxes pursuant to Section 33670 after forty-five(45)years from the adoption of the Redevelopment Plan adding the Added Area to the Project Area. Redevelopment Plan June, 1999 City of Atascadero Redevelopment Project Page 2�60 3 570.3 From time to time as may be appropriate,the A enc ma issue bonds and/or notes for an Y Agency Y Y of its corporate purposes. The Agency may issue such types of bonds on which the principal an interest are payable in whole or in part from tax increments. The total outstanding principal of any bonds so issued and payable from said tax increments shall not exceed$25 million at any one time except by amendment of this Plan. 570.4 . Any loam from the City to the Agency requires+approval of a majority of the C2ty: ouncil.eligible and qualified to vote and the,`nanimous cote of the Agency Board ofDirectors. _. 570.5 The Agency shall not issue tax revenue bonds without adequate insurance or other security pro cting it's revenue sources and shall require the unanimous authorization of the Agency oard of Directors. 570.6 Any General Obligation Bond, as defined in ArticleXIIIA, Section 10) of the California C nstitution issued by the Agency shall require the affirmative vote of two- thirds of the voters voting in an general or special election. i Redevelopment Plan June, 1999 City of Atascadero R development Project o vk ARTICLE 6 PLAN ADMINISTRATION Section 600 - GENERAL DISCUSSION The administration and enforcement of this Plan, including the preparation and execution of any documents implementing this Plan, shall be performed by the Agency and/or the City. The provisions of this Plan, or other documents entered into pursuant to this Plan, may also be enforced by court litigation instituted by either the Agency or the City. Such remedies may include, but are not limited to, specific performance, damages, re-entry, injunctions or any other remedies appropriate to the purposes of this Plan. In addition, any recorded provisions which are expressly for the benefit of owners of property in the Project Area may be enforced by such owners. Section 610 -TERM OF THIS PLAN'S DEVELOPMENT CONTROLS Except for the nondiscrimination and nonsegregation provisions,which shall run in perpetuity,the Agency shall have authority to act pursuant to this Plan for a period not to exceed thirty(30)years from the date of adoption of the amendment to the Redevelopment Plan. After this time limit,the Agency shall have no authority to act pursuant to this Plan except to pay previously incurred indebtedness and to enforce existing covenants or contracts, unless the Agency has not completed • its housing obligations pursuant to Section 33413 of the California Community Redevelopment Law, in which case the Agency shall retain its authority to implement requirements under said Section 33413, including its ability to incur and pay indebtedness for this purpose. Section 620 - COOPERATION BETWEEN AGENCY AND CITY Subject to any limitation in law,the City will aid and cooperate with the Agency in carrying out this Plan and may take any further action necessary to ensure the continued fulfillment of the purposes of this Plan and to prevent the recurrence or spread of blight or those conditions which caused the blight in the Project Area. Actions by the City may include,but are not necessarily limited to,the following: 620.1 Institution and completion of proceedings for opening, closing, vacating, widening or changing the grades of streets, alleys and other public rights-of-way, and for other necessary modifications of the streets,the street layout and other public rights-of-way in the Project Area. Such action by the City may include the abandonment and relocation of public utilities in the public rights-of-way as necessary to carry out this Plan. 620.2 Institution and completion of proceedings necessary for changes and improvements in publicly-owned public utilities within or affecting the Project Area. 620.3 Revision of zoning (if necessary) within the Project Area to permit the land uses and . development authorized by this Plan. Redevelopment Plan June, 1999 City of Atascadero Redevelopment Project Page 28 000033 620.4 Imposition wherever necessary of appropriate designcontrols within the limits of this Plan upon parcels in the Project Area to ensure their proper development and use. 620.5 Provision f administration/enforcement of this Plan by the City after development. 620.6 Preservation of historical sites. 620.7 Performance of the above and of all other functions and services relating to public health, safety and physical development normally rendered in accordance with a schedule which will permit the redevelopment of the Project Area to be commenced and carried to completion ithout unnecessary delays. 620.8 The initiation and completion of any other proceedings necessary to carry out the project. The Agency is author zed,but not obligated,to provide and expend funds to ensure the completion of the project as a wh le in accordance with this Plan. The obligation of the Agency to per-form the actions indicated in this section shall be contingent upon the continued availability of funding for this project primarily from tax increment revenues as defined in Section 520 hereof. However,the Agency may utilize any legally available sources of revenue for funding projects in accordance with this Plan. Section 630 COO ERATION WITH OTHER PUBLIC AGENCIES Certain public bodies a authorized by State law to aid and cooperate,with or without consideration, in the planning, construction or operation of this project. The Agency shall seek the aid and cooperation of such public bodies and shall attempt to coordinate this Plan with the activities of such public bodies in order to accomplish the purposes of redevelopment and the highest public good. The Agency,by law, s not authorized to acquire real property owned by public bodies without the consent of such publi bodies. However,the Agency will seek the cooperation of all public bodies which own or intend acquire property in the Project Area. Any public body which owns or leases property in the Project Area will be afforded all the privileges of owner and tenant participation if such public body is willing to enter into a participation agreement with the Agency. All plans for development of property in the Project Area by a public body shall be subject to Agency approval, . to the extent permitted by law. The Agency may impose on all public bodies the planning and design controls contained in this Plan to insure that present uses and any future development by public bodies will conform to the requirements of this Plan. The Agency is authorized to financially(and otherwise) assist any public entity in the cost of public land, buildings, facilities, structure or other improvements (within or without the Project ea)which land,buildings, facilities, structure or other improvements are or would be of benefit to the Project. Redevelopment Plan June, 1999 City of Atascadero R development Project Page 29 0000j'I Section 640 - PROCEDURES FOR AMENDING THIS PLAN This Plan may be amended by the procedures established in Sections 33450-33458 of the Community Redevelopment Law or by any other procedure established by law. The approval of any amendment to tilos plan requires the unanun¢us'vote of the City Council. This par agragh is not'severable from the rest of this ordinance Should a court of competent jurisdiction hold the provisions of this parrgragh to bi vo'd or otherwise unenforceable,then the entire ordinance shall likewise be vont and . n�riforceaile Iri the effect that the' ordinance`becomes void and unenforceable, the Agency shall cease :actrv�tes aiid Qgeratlpns a established by Caliorriia Redevelopment Lau Redevelopment Plan June, 1999 City of Atascadero Redevelopment Project Page 30 000035 Article 7 Implementation Plan Section 700 - IMPL MENTATION PLAN The Agency shall pr are and adopt an Implementation Plan every five years pursuant to Section 33490 of the California Community Redevelopment Law. In addition to'meeting the provisions of Section 33490 of the C aliform Comniututy,Redeuelopment Law;the Agency shall include any and all projects that have et to be completed from a.poor imp ementat on,Plan The initial implementation plan, summarized below, may only be amended by amendment of the redevelopment plan. Such amendment shall fall within the scope of an addition or change in major capital projects-as described in California Redevelopment Law. This initial implementation plan shall expire five years after the adoption of the Redevelopment Plan; thereafter the Agency shall adopt an implementation plan in conformance with Section 33490 of the Health and Safety Code, or amend it in the manner provided herein. Section 710 — CRITERIA FOR PROJECT SELECTION The overall goal of a Atascadero Redevelopment Agency is to eliminate constraints to private investment to ensure continued growth of industrial, commercial and residential development. In the implementation of the goal, the Agency will, from year to year, make recommendations regarding specific pr jects or public improvements to be undertaken. Projects are to be selected according to the following criteria: 710.1 Projects that meet the objectives of the Plan. 710.2 Projects that directly and immediately leverage new development in the downtown area. 710.3 Public improvement projects that improve historical infrastructure deficiencies. 710.4 Housing prog ams to meet the following needs:. (a)' Rehabilitation (b) Replacement housing needs. (e) He rA%efOhip (d) Neighborhood residential conservation and preservation. • 710.5 Projects which meet the City's economic investment guidelines Redevelopment Plan June, 1999 City of Atascadero R development Project Page 31 i0000,36 Section 720 GOALS OBJECTIVES AND PROGRAMS FOR INITIAL PLAN The Agency's goals and objectives for the initial Implementation Plan for the Atascadero Redevelopment Project shall be as follows: 720.1 Improvement of the Downtown Area which is generally bounded by Highway 101, Highway 41,Bajada Avenue and Rosario Avenue.Potential projects include the following: Financial and technical assistance to Main Street program, Business Improvement District or other merchant/owner based downtown improvement organization. The Agency will support-the Main Street program and assist the community in its involvement. Main Street is a broad-based community effort aimed at revitalizing downtown with existing physical and people resources. The Agency will provide the financial support necessary to stimulate community involvement. Improvement of El Camino and Traffic Way intersection. This project includes the development of downtown compatible uses at each corner. Improved public infrastructure and streetscape accentuating an entrance to downtown. Improvement of the Carlton Hotel as a focal of downtown. This project includes the revitalization of the Carlton. The Agency may desire to participate in the revitalization to stimulate private investment. Agency participation may include public improvements, parking improvements, fagade improvement, fee waivers, loans or other means to stimulate the revitalization of the structure. Improvement of public parking facilities in the downtown. This project includes the creation and improvement of downtown parking facilities. One parking area will be the interior of the block where the Carlton is located. This parking will require removal of a garage structure,surface improvements and landscaping. Parking will also be developed on the City owned lot that was originally purchased by the Business Improvement District. Additional facilities will be developed to enhance the business opportunities in downtown and located so as to encourage pedestrian oriented public spaces. Expansion of entertainment facilities in the downtown including the expansion of the existing movie theater. The Agency will encourage and target entertainment facilities in the downtown to encourage public gatherings and informal uses of public spaces. Encouragement will include marketing for targeted uses, assisting in project planning and other activities to promote private investment. The Agency will also encourage the expansion of the existing theater complex in the downtown. The goal will be to continue to have the complex a community focal point, draw people to the downtown and expand the Redevelopment Plan June, 1999 City of Atascadero Redevelopment Project Page 32 000037 experience they have,maintain the facility in the downtown. Redevelo me t of the Junior High School Site to enhance gmployMent in the downtown. The School D strict has from time to time contemplated relocating the Junior High School away from its Durrent site,the City also has a goal of relocating this facility. The property is in the do town area, generally flat with utilities and good access. It could be a significant iml irovement to the downtown area. The Agency could participate to insure the property was trategically planned to enhance the downtown experience and capitalize on the atmospher created as the focal point of the community. Agency participation in addition to .planning could include needed public improvements, and strategic investment or involvement to stimulate private investment in a way that will enhance downtown. Addition of anchor tenants to increase activi1y in the downtown. This project will include the Agency assisting in the attraction of major downtown tenants to stabilize the retail mix. The Agency may assist in marketing, planning and investment consistent with the Redevelopment Plan to capture tenants that will attract people to downtown. These tenants would include restaurants, entertainment and retail that attract people by their name of business practices. Im rovement of and additions to the downtown streetsca e. This project includes the improvement of public infrastructure to promote a downtown pedestrian atmosphere. Improvements include new sidewalks, street trees, landscaping,benches,waste cans, signs etc. Fa ade Im ro ements in the downtown to capitalize on Atascadero's character and inrove the retail/pedestrian atmosphere. In this project, the Agency would work with individual property owners to improve the exterior appearance of buildings. Consistent with the Downtown Master Plan, a design theme will be promoted to accentuate the Atascadero Colony and improve the pedestrian, retail climate. Participation will include fagade easements, loans, designs, fee waivers etc. Elimination o incom atible land uses that detract from the downtown. Through this project the Agency would relocate land uses that detract from the downtown,pedestrian atmosphere. The Agency would assist businesses in finding more suitable locations including the development of nodes where the businesses could benefit from a common location. Certain uses in proximity to the downtown will be targeted for relocation. A e ation f sites and buildings for a ma'or e=loyment, office or retail user. The Agency will assist major employers in locating suitable sites. This may include joining multiple properties to provide an appropriate sized parcel. The Agency will first look to the downtown area. Elimination or relocation of residential uses which are not consistent with development of downtown area in the long run. The Agency will assist in the relocation of residential uses away from the first floor in downtown. Residential uses on the first floor block pedestrian movement in retail areas. The Agency will provide for relocation benefits consistent with Redevelopment Plan June, 1999 City of Atascadero R development Project Page 33 the Redevelopment Plan and assist property owners with developing strategic plans for property usage that will enhance the downtown experience. Location of a major additional public activity center. (E.g. medical center, coun1y offices, or other such facilities). This project furthers the development of downtown by encouraging major activity centers in the downtown and removing uses that drain the energy from downtown. While it may be too late to have the main Post Office downtown,there are other potential uses like a North County Government Center that would bring more people to the area. The Agency would promote and assist in this effort. Development of Palma as a retail/pedestrian corridor to connect City Hall to Traffic Way downtown corridor. The City Hall is a focal point in downtown and is office to many potential shoppers. An attractive connection to downtown will provide a benefit in both directions. Enhance the Sunken Gardens area and encourage.entertainment, eating and pedestrian uses surrounding the area that would promote its unique character. The Sunken Gardens is a unique focal point with great visual appeal. The Garden itself can be improved to encourage more visitors and enhance the downtown. A variety of projects are possible from the refurbishment of the fountain to other improvements including flower gardens. The Agency would also encourage projects around the Sunken Garden that would benefit from the location like restaurant uses. Atascadero Creek Pedestrian Crossing/Lewis Avenue Bridge. Investigation and construction of pedistrian and/or vehicular crossing of Atascadero Creeek to connect entertainment facilities with the downtown core. 720.2 Employment Generation Projects Meeting the objectives of the Plan as contained in Section 210. . (1) The pfejeet will br-ing new r-eveffue te the City. Hewever-, pr-ejeets that assistanee beeause ef r-estfiefiem in State Law, shall fiet be assisted. (6) Pr-ejeet assistanee will be limited te ne more than 50 per-eefit ef th Redevelopment Plan June, 1999 City of Atascadero Redevelopment Project Page 34 000O-9 per-fefmanee by the assisted pai:ty. 720.3 Expansion of the Atascadero Library 720.4 Housing programs including the following: (1) Rehabilitation (2) Replacement housing needs (4) Neighborhood residential conservation Redevelopment Plan June; 1999 City ofAtascadero R development Project Page 35 X3000-i-0 RESOLUTION NO. 1999-044 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO APPROVING AND ADOPTING THE WRITTEN RESPONSES TO WRITTEN COMMENTS AND OBJECTIONS TO THE ATASCADERO REDEVELOPMENT PLAN WHEREAS, The City Council and the Atascadero Redevelopment Agency conducted a public hearing on the Atascadero Redevelopment Plan at which time written comments and objections were received; and WHEREAS, the City Council is required by Section 33363 of the Health and Safety Code to consider all evidence and testimony for and against the,Redevelopment Plan,to make written findings in response to each written objection; and, WHEREAS, written comments to written comments and objections have been prepared and submitted to the City Council and a documented entitled Response to Written Objections: Atascadero Redevelopment Plan, which is included herein by the reference as if expressly set forth herein; and, WHEREAS, amendments to the draft Redevelopment Plan have been made to address the written objections and these amendments constitute the disposition of the issues raised as required by law, with such amendments including the following: 1. Elimination of eminent domain for any residentially occupied properties. 2. Increase in the notice period for any condemnation to 60 days. 3. Inclusion of downtown revitalization as the goal for the Atascadero Redevelopment Plan, and a requirement that all activities of the agency be conducted to further that goal. 4. That any uncompleted projects in the first five-year implementation plan be carried over to any successor implementation plan until such projects are completed. 5. That there be a unanimous vote for the Agency to incur any debt, including bonded indebtedness, or to borrow from any fund of the City of Atascadero, and initiate eminent domain. WHEREAS, the City Council finds that the responses to the written objections adequately address the comments and objections. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The above recitals are true and correct. 2. All written objections have been responded to as presented prior to or during the public hearing. 000042 City of Ataseadero Resolution No. 1999-044 Page 2 of 2 3. The responses contained in the Response to Written Objections: i At scadero Redevelopment Plan provides a detailed, good-faith response to the objections raised and are supported by factual information. . 4. The written responses to written objections are hereby accepted, approved and adopted. On motion by Council Member and seconded by Council Member the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: ADOPTED: -- CITY OF ATASCADERO Ray Johnson Mayor ATTEST: Marcia McClure Torgerson City Clerk APPROVED AS TO FORM: Roy A. Hanley City Attorney 000043 RESOLUTION NO. RA 1999-003 RESOLUTION OF THE ATASCADERO REDEVELOPMENT AGENCY MAKING FINDINGS AS TO THE FINAL ENVIRONMENTAL IMPACT REPORT FOR HE 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 adol ted by the Agency pursuant thereto; and WHEREAS, he Agency, as lead agency under CEQA, issued a Notice of Preparation of an EIR on January 4, 19 9 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 M ch 8, 1999; and WHEREAS copies of the Draft BIR 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 an agencies, and the comments of such persons and agencies were sought; and WHEREAS, he 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 pi blic on the Draft EIR; and, WHEREAS, e 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 prep ed 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, 000045 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 AS FOLLOWS: 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. ■ 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 low-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. ■ Fault rupture. ■ Seismic ground shaking: ■ Seiche,tsunami,or volcanic hazard. ■ Landslides or mudflows. ■ Erosion, changes in topography or unstable soil conditions from excavation, grading or fill. ■ Subsidence of the land. ■ Expansive soils. ■ Unique geologic or physical features. ■ Changes 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. 000046 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). ■ Changs in the amount of surface water movements. ■ Chang in the quantity of ground waters, either through direct additions or withdr iwals, or through interception of an aquifer by cuts or excavations or througa substantial loss of groundwater recharge,capability: ■ Alterei I direction of rate of flow of groundwater. ■ Impac s 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. ■ Confli is with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks). ■ Rail, waterborne or air traffic impacts. ■ Endan' ered,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. ■ Expos are 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. ■ Expos re of people to severe noise levels. ■ Fire protection. ■ Police protection. 0000=x7 Atascadero Redevelopment Agency Resolution No.RA 1999-003 Page 4 of 15 ■ Schools. ■ Maintenance of public facilities, including roads. ■ Other governments service. ■ Power or natural gas. ■ Communications 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. -- ■ Affect historical resources. ■ Have the potential or cause a physical change which would affect unique ethnic cultural values. ■ Restrict 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 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 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 General Plan Circulation Element EIR. The 1991 Land Use Plan EIR, incorporated by reference in the Final EIR, found that there i were several significant cumulative or unavoidable impacts: 000088 Atascadero Redevelopment Agency Resolution No.RA 1999003 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 c uld 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. ■ Increa ed average daily flow of sewage. ■ Need f 3r additional police officers and fire protection service. ■ Increased solid waste generation. ■ Insuffi Hent 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: ■ Stabili y 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 40 Elements, and Atascadero Downtown Master Plan. These include residential uses; commercial, including neighborhood, community-level and service commercial uses; 000049 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 take 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 requirements. 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. 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. 000050 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 Tor erson, Secretary Approved as to form: Stephen Deitsch Special Counsel to the Agency - OQ005: 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 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 that 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 15091 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. 0 000052 Atascadero Redevelopment Agency Resolution No.RA 1999-003 Page 9 of 15 II. PROJECT DESCRIPTION Public Improvement 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 sock 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 commerce il, 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 incompati le land uses, obsolete or substandard structures, inadequate public facilities, and/or sm ill, 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 Deve lopy rLent Assistance In addition to provide rig assistance with public improvements which will facilitate redevelopment of the Project Area, t e Agency contemplates the provision of assistance to private development interests in a variety f 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; ■ Commerc al building and property renovation and improvement projects and; ■ Rehabilitation and expansion of the existing private housing stock in the community. 000053 Atascadero Redevelopment Agency Resolution No.RA 1999-003 Page 10 of 15 The Agency may find 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 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 development bonds and various forms of tax exempt notes at various terms. III. SUMMARY 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. 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 tan 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 not be funded by new development would be deferred. 000054 Atascadero Redevelopment Agency Resolution No.RA 1999-003 Page 11 of 15 Private Sector Assis ance 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 projc ct. Modified Project Bc undary: 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 redevelopmentplan 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. Amon t e remaining alternatives the Private Sector Assistance Alternative would J g g 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 environmenta 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 _000055 Atascadero Redevelopment Agency Resolution No.RA 1999-003 Page 12 of 15 not already analyzed 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 EIR 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 development 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 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 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. 000alr-iG Ea' £ U Q U (L 0 as " Aul Cd � E w. 0 c O v V d � > = (OD .� cn b bio '3 ° 0 a.W r v °o .. L v N a°i c c o �U ° `^ N + N CA bD vi j �. y0 4. 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O L. ++ G1 aJ E c Z z co O 'L7 U 0 0 � CA ' Cd }+ y rA N c� a. v a Zwo E N 1-4 R rA b04 CL QaaZ �, M Ov9®59 RESOLUTION NO. 1999-039 RESOLUTION OF THE ATASCADERO CITY COUNCIL KING FINDINGS AND CERTIFYING 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 Atasc idero 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 15'000 et seq.,hereinafter the"CEQA Guidelines")and local procedures adopted by the City pursuant t ereto; and WHEREAS, he redevelopment agency, as lead agency under CEQA, issued a Notice of Preparation of an EIR n 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 M ch 8, 1999; and —" WHEREAS, -opies of the Draft EIR were distributed to the State Clearinghouse and to WHE S, p g those public agencies which have jurisdiction by law with respect to the Project and to other interested persons anc agencies, and the comments of such persons and agencies were sought; and WHEREAS, he 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,I he 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 IR and all comments and responses thereto having been considered; and, WHEREAS, e EIR was prepared by an independent Redevelopment Consultant and the City and Agency hav reviewed the EIR for conformance with local regulations, conditions and factual accuracy, as required by State law; and, WHEREAS e final EIR consists of the draft EIR, as revised and supplemented, is made 000061 City of Atascadero Resolution No. 1999-039 Page 2 of 16 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 CITY COUNCIL DOES RESOLVE AS FOLLOWS: Section 1. The City 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 City pursuant thereto. Section 2. The City has evaluated all comments, written and oral, received from persons who have reviewed the draft EIR. Y Section 3. The City 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. ■ 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 low-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. ■ Fault rupture. ■ Seismic ground shaking. ■ Seiche,tsunami, or volcanic hazard. ■ Landslides or mudflows. ■ Erosion, changes in topography or unstable soil conditions from excavation, grading or fill. ■ Subsidence of the land. ■ Expansive soils. ■ Unique geologic or physical features. ■ Changes 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. 000062 City of Ataseadero Resolution No. 1999-03 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. ■ Chane 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. ■ Expos 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, Waterbome 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). ■ Wetla id 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. ■ Expo ure of people to severe noise levels. . Fire protection. ■ Police protection. 000€ - ; City of Atascadero Resolution No. 1999-039 Page 4 of 16 ■ Schools. ■ Maintenance of public facilities, including roads. ■ Other governments service. ■ Power or natural gas. ■ Communications 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. -- ■ Affect historical resources. ■ Have the potential or cause a physical change which would affect unique ethnic cultural values. ■ Restrict 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 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 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 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: OOGO& City of Atascadero 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 o 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. ■ Increas d traffic volumes and degradation of levels of service. ■ Insufficient water production. ■ Loss of wildlife habitat and archaeological artifacts. The 1993 Circ ilation 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 o funding and staffing for road construction projects. ■ Disturbance of cultural artifacts. ■ Traffic hazards to schools. ■ Consumption of energy. All impacts i entified in the Final EIR as significant or potentially significant can be mitigated to a evel that is less than significant through the adoption and implementation of mitigation me sures recommended in the Final EIR and as attached in Exhibit A. Other unavoidable in Lpacts 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 is Elements, and Atascadero Downtown Master Plan. These include residential uses; commercial, including neighborhood, community-level and service commercial uses; ©00060 City of Atascadero Resolution No. 1999-039 Page 6 of 16 industrial use 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 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 take 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 enviraRmental requirements. 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 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 City, the Clerk is hereby 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. City of Ataseadero Resolution No. 1999-039'' Page 7 of 16 i 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 Tor erson, City Clerk Approved as to form: Roy A. Hanley, CityAttorney 00006 City of Atascadero Resolution No. 1999-039 Page 8 of 16 EXHIBIT "A" STATEMENT OF FACTS AND FINDINGS AND ADOPTION OF MITIGATION MONITORING PROGRAM 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 that 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 far 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 15091 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. 000068 City of Atascadero Resolution No. 1999-039 Page 9 of 16 II. PROJECT DESCRIPTION Public Improvements' On the basis of researc 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 theProject'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 ofhealthy 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 f forms. Specific projects in conformance with the Redevelopment Plan to which the Agency wil 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; ■ Rehabilital ion and expansion of the existing private housing stock in the community. 00006,? City of Atascadero Resolution No. 1999-039 Page 10 of 16 The Agency may find 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 to provide relocation assistance to any tenants displaced by such acquisition. To ensure the financial feasibility of developmentprojects 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 development bonds and various forms of tax exempt notes at various terms. III. SUMMARY 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. 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. 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 not be funded by new development would be deferred. ,000070 City of Ataseadero Resolution No. 1999-0310 Page 11 of 16 Private Sector Assistance Alternative This alternative would emphasize financial assistance to private development projects, including low interest loans and lard write-downs (subsidies). Since the precise nature of private development projects is not known until proposed, comparative environmental impacts are speculative.Assuming full buildout,consist It 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 B undaryi 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 comparativeenvironmental superiority. Based on this evaluation, it has been determined that no single alternative exhibits environmental superiority tyin 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 envirom-nental impacts with the greatest potential beneficial impacts to the environment. V. SIGNIFICANT ENVIRONMENTAL EFFECTS WHICH CANNOT BE AVOIDED The Project will not r sult in additional significant unavoidable environmental impacts which were 0000 City of Atascadero Resolution No. 1999-039 Page 12 of 16 not already analyzed-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 EIR 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 development 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 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 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. 000072 a E Ex' R U °' U t A c -o as A a� _ •` d atoo r 4~ O U A U Q 0 = _ � o Gn > ' i cl � • p�..4 o c bn o cc kn •� N N N 0 U O cq 7 �p b11 vi > V y Z3 �•' C t0 U U w cC cz CL O •� '�.. C' V y O 00 cn p f: y+ O O O + b O O cj C E E O N rt+ bA cl O i' obA bA O, U cn a) O O R. U oEgop. Wri� o � c M r" C c M z a O ' o -o bA'' a Cd .o 7 O �. ° •k o o ° c 0 cz s. 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Z ®000'76 ATTACHMENT 'D F 0000'1"7 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 to the Agency b000"i 8 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 ATASCADERO 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 portion 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 to 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 California 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 OOUO8n � ATTACHMENT F 000081 COUNCIL RESOLUTION NO. 1999-041 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO FINDING THAT THE USE OF TAXES ALLOCATED FROM THE ATASCADERO 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 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 for the Agency for the purposes 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 improving 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 RESOLVE 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 21999 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Ray Johnson,Mayor ATTEST: Marcia Torgerson, City Clerk Approved as to form: ©00082 ATTACHMENT G � 000084 RESOLUTION RA 1999-005 A RESOLUTION OF THE ATASCADERO REDEVELOPMENT AGENCY APPROVING AND ADOPTING THE ATASCADERO REDEVELOPMENT PLAN WHEREAS thD 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) Recaptureof 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) hnprovernent in the quality of the community's existing housing stock, through rehabilital'on and replacement programs and new construction. (6) hnproverr ent 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 000085 WHEREAS,the Agency has prepared a Preliminary Report and Report to Council in order to address the following 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 O g facilities which are not fally developed. On-site parkingis, 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 000086 ea. The stagnant property values are indicated by the vacant shop roperties along El Camino Real, by the underdeveloped or undeveloped roperties on north El Camino Real,and the underdeveloped properties along raffic 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. ccording to the County Auditor Controller growth in assessed valuation has veraged 2.2 per year over the last five years despite some development. ingle family residential properties have market values ranging from seventy- ne 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, e Agency fords that the project area is predominantly urbanized as evidenced by the Rep rt to Council. WHEREAS e 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 Redevel' pment 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 i 3 00008'7 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 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 successive 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 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 Clerk 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 AND ADOPTED by the this_day of , 1999,by the following vote: AYES: NOES: ABSTAIN: ABSENT: Ray Johnson, Chairman ATTEST: 4 00.0068 Marcia Torgerson,Agency Secretary Approved as to Legal Form Stephen Deitsch Special Counsel,to the Agency 5 00006 ATTACHMENT H � i D0o090 • 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 000051 WHEREAS,the Agency has prepared a Preliminary Report.and Report to Council in order to address the following 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%o) 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 ofcommercial 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 - 000092 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. ingle family residential properties have market values ranging from seventy- ne percent to ninety-two percent of the City average. Rents in the area are lso below the.City norm with rents averaging eighty to ninety-five percent f City medians. These depressed property values have a significant,adverse ffect on City operations since typical single family residential uses in the ea generate a need for approximately$470 per year in City services while enerating only$199 per year in property tax and state per capita subventions cording to the Long Range Fiscal Analysis. Similarly,industrial properties n the area negatively impact general fund revenue, generating $1,100 in roperty tax revenues per acre while having allocated costs of$5,500 per acre For general fund services. ' (8) Dvercrowding 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, e 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 agricultura 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); d 3 f 000093 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 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 successive 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,written 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. 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 AND ADOPTED by the Atascadero City Council this—day of ' 1999 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Ray Johnson,Mayor ATTEST: 4 000091 Marcia Torgerson, City Clerk Approved as to form: Roy Hanley,City Atto' ey 5 000095 ATTACHMENT I 000096 ORDINANCE NO. 362 AN ORDINANCE OF THE CITY OF ATASCADERO APPROVING AND ADOPTING THE REDEVELOPMENT PLAN FOR THE TASCADERO 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 o the Agency to the Council including the reasons for the Atascadero Redevelopment Pl in,the description of the physical and economic conditions existing in the r Project Area, a description of the projects proposed by the Agency and how these projects will improve or aleviate blighting conditions and or influences within the Project Area, an Implementation P an 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 Are i, a plan for the relocation of property owners and tenants who may be temporarily or pei manently displaced from the Project Area, an analysis of the Plan, the report and reco endation of the Planning Commission of the City of Atascadero (the "Planning Commission"),an Environmental Impact Report on the Plan,and a neighborhood impact report; an WHERE S,the Planning Commission has submitted to the Council its report and oval of the Plan, and its certification that the Plan conforms to the recommendations or appy , General Plan of tl e 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 Newsl 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 re nested to the governing body of each taxing agency which receives taxes from property in the Project Area; and, 1 00009'7 WHEREAS,the Agency has prepared and adopted a program for the relocation of persons and businesses who may 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 availability of suitable housing in the City for the relocation of families and persons who may be displaced 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 Resources Code Section 21151 and Health and Safety Code Section 33552, and determined that there would not be a significant impact if the mitigation measures contained in the Atascadero General Plan were implemented. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO DOES HEREBY ORDAIN AS FOLLOWS: Section 1. That theP urpose 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 000098 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 Pr ject 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 sM.). 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 modem 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 000099 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 000100 (8) vercrowding exists in residential areas of the Project Area and multi- amily units on south El Camino Real. Smaller lots in these areas provide ess than adequate open space. Overcrowding in residential units also xists according to the 1990 Census. Overcrowding is defined as 1.01 erson per habitable room and Substantial Overcrowding is defined as ore the 1.5 persons per habitable room. Overcrowding is considered to e an indicator of inadequate residential design and development in units r areas impacted by overcrowding. Over twenty-four percent of the esidential units are overcrowded with substantial overcrowding existing fourteen percent of the dwelling units in the Project Area, according to he 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 rnitigate 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 pnv ate 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 par' els which are or have been developed for urban uses. d. The Plan, along with other actions authorized by the Plan,will redevelop the Pr 'ect 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 000101 objectives of the Community Redevelopment Law by aiding in the • elimination and correction of the conditions of blight,providing for planning, development, redesign, clearance, reconstruction or rehabilitation of properties which need improvement and providing for higher economic utilization of potentially useful land. e. The adoption and carrying out of the Plan is economically sound and feasible. Further, that the time limitations and any applicable limitations on the number of dollars that may be allocated to the Agency that are contained in the plan are reasonably related to the proposed projects to be implemented in the project area and to the ability of the Agency to eliminate blight within the Project Area. These findings are based on the fact that under the Plan, the Agency 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 that 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 finding is based on the Atascadero Planning Commission findings and the Plan conforms to the General Plan of the City of Atascadero. g. The carrying out of the Plan will promote the public peace,health, safety and welfare of the City of Atascadero and will effectuate the purposes and policy of the Community Redevelopment Law. This finding is based on the fact that redevelopment will benefit the Project Area by correcting conditions of blight and by coordinating public and private actions to stimulate development-and improve the economic and physical conditions of the Project 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 facilities 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 not generally less desirable with regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the families and persons who might be displaced from the Project Area, decent, safe and sanitary dwellings equal in number to the number of and available 6 00010 e • 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 infl ences,without substantial public assistance in providing adequate Willies,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. Th inclusion of lands,buildings,or improvements which are not individually detrimental to the public health, safety, or welfare is necessary for the efl active redevelopment of the Project Area of which they are a part 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 000103 area pursuant to Section 33670 of the Health and Safety Code. The substantial justification for inclusion of such lands is as follows: (1) 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. (2) 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 3. 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 those 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 -000- G 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 completey proceeding necessary to be carried out by the City under the provisions of the Red velopment 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 4 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 Count 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 Atascader . Section 11. If any part of this Ordinance or the Plan which it approves is held to be invalid foi 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 000105 Section 12. The area described in the legal description and map in Attachment A to this ordinance 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 following vote: AYES: NOES: ABSENT: ABSTAIN: Ray Johnson,Mayor ATTEST: Marcia Torg erson, City Clerk Approved as to form: Roy Hanley, City Attorney 10 00 :.. 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, Sou 26°20'East, along said Northerly prolongation, and along said Westerly right of way line o 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 South esterly 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 30°15' 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 North e sterly prolongation, of the Southeasterly line of Block F of said Atascadero Subdivision; 6. Thence, Sou 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, Nort 54°00' 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 o 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; Page 1 of 11 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 on said Westerly right of way line of State Hwy.41; 12. Thence, South 48000' 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, Southeasterly, along said Northeasterly right of way line, 331 feet,more or less,to the Southerlymost corner of Parcel A of Parcel Map recorded in Book 31 of Parcel Maps, at page 30, San Luis Obispo County Records,which point is situated on the Northwesterly line of Lot 8, of Block K-A of said Map of Atascadero; 14. Thence, South 35°50'West, along said Northwesterly line of Lot 8, a distance of 5 feet,more or less,to a point on said Northeasterly right of way line of Santa Ysabel Avenue; 15. Thence, Southeasterly, 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, South 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 470 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, South 46°01' 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, Southeasterly, 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, South 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 730 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 000106 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 sai'i El Camino Real; 23. Thence,Northerly, along last said Westerly right of way line, 250 feet,more or less, to the Northerlymost'comer 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 rolongation thereof, 883 feet,more or less, to a point on the Westerly right of way line of State Hwy 101; Thence,North rly, along said Westerly right of way line the following courses: 25. North 21°59'1 " West, 225,.feet, 26. North 46°45'4 " West, 71.59 feet, 27. North 25058'5 West, 315.77 feet, 28. North 41054'5 West, 99.75 feet,to a point on the Southerly right of way line of Curbaril Avenue; Thence, conti uing along said Westerly right of way line State Hwy 101 the following courses: 29. North 37'57'02" West, 250.89 feet, 30. North 12°17'5 West, 415.93 feet, 31. North 12°03'4 " West, 203.04 feet, 32. North 05°21'0 " West, 104.77 feet, 33. North 21059'15" West, 109.61 feet, 34. North 1702617" West, 145.59 feet, 35. North 20'00'40" West, 90.79 feet, 36. North 39'19'38" West, 129.77 feet, 37. North 70'00'03" East, 59.03 feet, 38. North 21°59'1 " West, 507.93 feet, 39. North 22°11'5 " West, 60.50 feet, 40. North 33°15'0 " West, 185.10 feet, 41. North 26°24'4 " 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 191.1 feet,; 42. Thence,Easter ly 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 West rly having a radius of 2900.00 feet. A radial line from last said point to the center of 2900 foot radius curve bears South 75026'54" West; 43. Thence, continuing along said Westerly right of way line of State Hwy. 101 Northerly, along said 2900.00 of radius curve through a central angle of 10°24'15" an arc distance of 526.60 feet,; Page 3 of 11 001 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, continuing 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, continuing 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,Westerly, along said Southerly right of way line of Curbaril Avenue, 1673 feet,more or less, to aP 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 Southwesterly 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 57°09'49" West, 139.98 feet, • 58. North 46°11'10" West, 354.30 feet, Page 4 of 11 —000110 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 63'385'-" West, 101.07 feet, 62. North 5500710011 West, 129.26 feet; 63. South 79'53'00" West, 38 feet, 64. North 57'01'30" West, 719.00 feet, 65. North 52°31'3 West, 204.00 feet, 66. North 42°16'3 West, 180.00 feet, 67. North 49'46'30" West, 70.00 feet, 68. North 73°01'3 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,Northw sterly, 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 31°04'00" 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 50°13'3 West, 151.75 feet, 72. North 32'53'02" East, 29.28 feet, 73. North 43'27'24" West, 460.40 feet, 74. North 55'36'41)" West, 205.91 feet, 75. North 48'36'42" West, 164.51 feet, 76. North 74'14'12" West, 92.30 feet, 77. North 60'07'02" West, 80.89 feet, 78. North 10°01'4 " West, 184.66 feet, 79. North 47'11'4 V West, 117.98 feet, 80. South 64°35'4 " West, 194.70 feet, 81. North 42030'15" West, 102.25 feet, 82. North 44043152" West, 72.77 feet, 83. North 49°53'0 "West, 207.60 feet, 84. North 49°53'3 " West, 119.67 feet, 85. North 35033'5 " West, 212.42 feet, 86. North 59'14'30" West, 393.55 feet, 87. North 38°19'0 " 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, conti 'uing 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 41°14'13" West, 169.66 feet; Page 5 of 11 00011 Attachment A to Ordinance 362 Legal Description and Map 91. Thence, continuing along said Westerly right of way line,North 50°34'40" West,400.00 feet, to the beginning of a tangent curve concave Southerly having a radius of 1520.00 feet; 92. Thence, continuing 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 70°58'20" West, 30.00 feet, 94. North 54030'47" West, 149.44 feet, 95. North 29°3629" West, 400.00 feet, 96. North 49009'23" West, 355.04 feet, 97. North 39010'48" West, 223.70 feet, 98. North 45°10'18" West, 150.15 feet, 99. North 52°23'20" West, 552.04 feet, 100. North 45038'15" West, 1463.22 feet, 101. North 32042'20" West, 102.38 feet, 102. North 46°42'50" 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 45°58'47" 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 29034'39" West, 815 feet, more or less,to a point on the Westerly prolongation of the Southerly line of Lot 9 of Block 23 of Atascadero Colony per map recorded in Book AC3 of Maps, at page 26, San Luis Obispo County Records; 107. Thence,North 64055'13" East, along said Westerly prolongation, and along said Southerly line, 504 feet,more or less,to a point 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, South 62°5936" West, along last said Northerly right of way line, 50.01 feet; Page 6 of 11 _ _ _00011f2 Attachment A to Ordinance 362 Legal Description and Map 110. Thence, conti wing along said Northerly right of way line, South 80°23'06" West, 179.30 feet, to a pointshown as being 250 feet right, from Station 139+50,per said Right of Way Maps for Statc Hwy. 101, at Post mile 48.3; 111. Thence,South70°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 21'01'34" West, 201.56 feet, 113. North 05'32'11)" East, 90.14 feet, 114. North 12'46'21)" West, 207.42 feet, 115. North 25'17'21)" West, 600.75 feet, 116. North 29°42'3 Y West, 200.00 feet, 117. North 39'38'01)" West, 203.03 feet, 118. North 23°011 " 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 56°42'22" East; 119. Thence, Northerly, along said 3090.00 foot radius curve, through a central angle of 19°53'43", 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 18°12' 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 5°07'08"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 rig it angles, South 84°52'52" East, along the Northerly line of said APN 049- 092-036, a dis ance 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 000113 Attachment A to Ordinance 362 Legal Description and Map 126. Thence, continuing along said Westerly right of way line,North 05°07'08" East, 685 feet, more or less, to a point on the Southerly right of way line of Santa Cruz Road; 127. Thence,North 86°15'East, along last said Southerly right of way line, 944 feet,more or less, to the Northeasterly corner of Lot 17A, of Block 49 of said Atascadero Colony; 128. Thence, South 33°13' 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 of Carrizo Road; 129. Thence, Southeasterly across said Carrizo Road, 40 feet,more or less,to the Northerlymost corner or Lot 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, Easterly, 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 38° East, across said San Benito Road, 40 feet, more or less, to the Northeasterlymost 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 Westerlymost corner of Lot 105 of said Block 19 of said Atascadero Colony; 136. Thence,North 37°East, along the Northwesterly line of said Lot 105, a distance of 1012 feet, more or less, 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 Northeasterly 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 29° 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 Attachment A to Ordinance 362 Legal Description and Map recorded in B:)ok 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, Sout 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 Southerly right 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 corner of Lot 62G of said Block N-C; 142. Thence, Sout easterly, 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, conti uing 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, Sout 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, a ong the Northeasterly line of said Lot 64D, a distance of 122.47 feet, to the Easterlymost omer of said Lot 641); 146. Thence, South 36037' 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 Southe lymost corner of said Lot 64H; 147. Thence, Sout 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, Sout 52°53' East, along the Northeasterly lines of Lots 70B through 70F of said Block N-C, a Jistance of 357.98 feet,to the Northerlymost corner of Lot 70A of said Block N-C; 150. Thence, Sout 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 000115 Attachment A to Ordinance 362 Legal Description and Map of said Lot 70A of 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 55° East, across said San Jacinto Avenue, 71 feet, more or less, to the Northeasterly corner 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 Northwesterly corner of said Lot 17,which point is situated on the Northeasterly right of way line of Olmeda 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 line 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-A 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,Northerly, along the Easterly line of said Lot 6, and along the Easterly lines of Lots 7 through l0A of 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 line of said Lot 10A, and along the Northerly line of Lot 11 of said Block E-A, a distance of 343 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, Westerly, 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, Westerly 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,Northeasterly, 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 Attachment A to Ordinance 362 Legal Description and Map 161. Thence,Northwesterly, along said Southwester) 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 comer 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, South asterly, along said Northeasterly right of way line, 2406 feet, more or less, to a point on tie Northerly right of way line of said San Jacinto Avenue, being at this location a 50 f of wide right of way; 165. Thence, Easte ly, 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 Paci c 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 JUL-02-99 FRI 16:03 P, 02 _ P Response to Written Comments A TASCADERO REDEVELOPMENT PLAN Prepared for: ATASCAD RO REDEVELOPMENT AGENCY • 6500 Palma Ave. Atascaderd, CA 93422 (805) 461-5097 Contact: Wade McKinney, Executive Director Prepared y: Quad Knopf 5110 West Cypress Ave. Visalia, CA, 93278 (559) 733-0440 Contact: Stephen J. Peck, AICP July 2, 1§E 9 98312 JUL-02-99 FR 116 03 P. 03 • Table of Contents Page No. 1 INTRODUCTION ......................................................................................I........ 1-1 2 RESPONSE TO WRITTEN COMMENTS.........................................................2-1 JerryTaft.................................................. ...................................................... ....2-1 SteveSager...........................................................................................................2-1 Paul and Carolyn Mitchell...................................................................................2-4 JohnW.McNeil................................................. -------------------------------------------------2-5 RuthE. Hil DeBrandt...........................................................................................2-7 MarilynHoerl.......................................................................................................2-8 DorothyF. McNeil...............................................................................................2-9 DaphneFahsing........................................................................I.................. ..2-1.3 BarrieHatler......................................................................................................2-14 Martin&Livia Kellerman.................................................................................2-14 CraigDingham...................................................................................................2-17 DanUlrich..........................................................................................................2-17 VirginiaPowers .........................................................................................•--....2-19 Geraldine Brasher .. ...................................... ...... .......................................2-20 CarolDeHart .....................................................................................................2-21 RuthRentschler .................................................................................................2-22 MichaclR. Kohle ..............................................................................................2-24 Mrs. & Mrs. Giessinger .....................................................................................2-28 MikeByrne........................................................................................................2-28 BeckyPacas ............................................................................................ ...2-29 MarjorieR. Mackey ....... ..... . ........................................................................2-31 DonaldJ. Funk ..................................................................................................2-32 3 COPY OF SUBMITTED WRITTEN COMMENTS..........................................3-1 Response to Written Cumments July, 1999 Atascadero Redevelopment Plan i JUL-02-99 FR 116 03 P. 05 - 1 • Introduction This report is submitted in conformance with Section 33363 of the Health and Safety Code that provides that before adopting the redevelopment plan: "...the legislative body shall evaluate the report of the agency,the report and recommendation of the project area committee,and all evidence and testimony for and against the adoption of the plan and shall make written findings in response to each written objection of an affected property owner or taxing entity. fhe legislative body shall respond in writing to the written objections received before or at the noticed hearing,including any extensions thereof,and may additionally respond to written objections that are received after the hearing. The written responses shall describe the disposition of the issues raised. The legislative body shall address the written objections in detail, giving reasons for not accepting specified objections and suggestions. The legislative body shall include a good- faith,reasoned analysis in its response and,for this purpose,conclusionary statements unsupported by factual information shall not suffice." Written comments were receivCd from the following cvmmentatvrs prior to or during the public hearing: 1. Jerry Taft, June 29. 1999 2. Steve Sager,June 29, 1999 3. Paul and.Carolyn Mitchell, .Tune 24, 1999 4. John W. McNeil,June 25, 1999 5. Ruth E.Hil DeBrandt,June 24, 1999 6. Marilyn Hoerl,June 23, 1999 7. Dorothy F. McNeil,June 29, 1999 8. Daphne fahsing,June 29, 1999 9. Barrie Hafler,June 29, 1999 10. Martin&Livia Kellerman, June 29, 1999 11. Craig Dingham,June 29, 1999 12. Dan Ulrich,June 29, 1999 13. Virginia Powers,June 29, 1999 14. Geraldine Brasher,June 29, 1999 15. Carol DeHart,June 29, 1999 16. Ruth Rentschler,June 29, 1999 Response to Written Comments .July, 1999 Ataseadero Redevelopment Plan 1-1 i JUL-02-99 FR I 16:03 P. 06 _ 17. Michael R. Kahle,June 29, 1999 i18. Mrs.& Mrs. Giessinger,June 28, 1999 19. Mike Byrne,June 28, 1999 20, Beck e Pacas,Jame 26, 1999 21. Maij rie R. Mackey, June 25, 1999 22. Donald J. Funk,June 25, 1999 'lbc originalritten comments are contained in Section 3 of this report. Responses to each of the comments are provided in Section 2 of this report. Each comment is restated and assigned a comment number with the prefix for the commentator,a number for the submittal by that commentator and a numeric suffix for the comment number. For example,Comment 1-2 would be the second comment by commentator number 1. Based on the written and oral comments received at the public hearing the certain changes have been made to the redevelopment plan. These include the following: 1. Inclu ion of a definition of the downtown in Section 110 2. Ident fication of downtown revitalization as the"goal"of the redevelopment plan in Sccti n 210, with further limitations in that section. 3. Addi ion of historical preservation as an objective of the plan including protection of th City Administration Building and the Colony House in a new Section 210.17. 4. Further, limitations on the usage of eminent domain have been added to Section 320.1. Eminent domain may not be used for the acquisition of residentially zoned • Properties, properties used for residential purposes, or for properties that are conforming uses as defined by the Atascadero General Plan and the Atascadero Zoning Ordinance. The usage of eminent domain would also require a unanimous vote Df the Agency,rather than the supermajority prescribed by State Law.Notice period for any hearing on a Resolution of Necessity would be increased to 60 days. S. Amendment of Section 570.4 to require that any loan from the City to the Agency would require a majority vote of the City Council and a unanimous vote of the Ager'cy Board_ 6. Amendment of Section 570.5 to require that issuance of any revenue bonds will requ' a the ummiinnous vote of the Agency Board of Directors. 7. Addi ion of Section 570.6 to require any general obligation bonds to be approved by an af trmative vote of at least two-thirds of the voters. 8. Ame idment of Section 640 which requires a unanimous vote of the City Council to amer d the redevelopment plan, and inclusion of a non-severability clause. 9. Arne ridment of Section 700 requiring all projects not completed from the previous implementation plan period to be carried forward to any successor implementation plan.' 10. Amendment of Section 710.4 to eliminate home ownership as activity for the implementation plan. Response to Writte Comments July, 1999 ,Itascadero Redeve opment Plan 1 JUL-02-99 FRI 1604 P. 07 11. Amendment of Section 720.2 deleting the Economic Investment Criteria and substituting the Plan objectives contained in Section 210 as criteria for selection of employment generation projects. Response to Written Comments .July, 1999 Atascodero Redevelopment Plan 1-3 • JUL-02-99 FR I 16:04 P. 08 • 2 Comments and Responses The following lists the individual commentators, their comments and respunscs to thcir comments. Fopics of the actual comments are included in Section 3 of this report. VIDEO PA LACE—JERRY TAFT Comment 1-1 1,Jerry Taft,owner of the Video Palace located in the Vons Shopping Center,feel that the Von's Center under no circumstances,should be included in the redevelopment plan as this center is not a part of the downtown area. Response; The Vons center is not included in the downtown area where the agency will conduct its activities. Comment 1-2 1 feel that any funds from the redevelopment agency should only be used for the old part of downtown where it is obviously needed. Response: The redevelopment plan contains specific projects for the improvement of the downtown. In order to ensure that these projects are the focus of the Agency's efforts, the implementation plan has been included in the Redevelopment Plan. According to Section 700 of the Redevelopment Plan, this implementation plan may only he amended by formal amendment of the redevelopment plan. Further, amendments proposed at the public hearing would make downtown revitalization the goal of the redevelopment plan, and all activities and objectives would be required to be in conformance with that goal. STEVE S 'GER Comment,14 The plan for redevelopment in this city needs to stay in the downtown area and not filter into the residencial areas of this city. Response: The plan is focussed around the downtown area and the implementation plan that has been developed gives priority to development in the downtown. Amendments proposed at the public hearing would further restrict the Agency's activity by recognizing the downtown the goal of the redevelopment plan. Residential areas surrounding the downtown were found to exhibit evidence of blight and blighting influences as documented in the Report to Council and the Preliminary Report. For example,Unsafe or unhealthy buildings Response to Wrilten Comments July. 1999 Atascadero Redevelopment Plana 2-1 JUL-02-99 FR I 16:04 P109 as evidenced by abandoned structures constituting attraclivc nuisances and fire hazards exist in the residential portions of the • project area. 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. Overcrowding also exist in the residential portions of the project area. 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. Comment 2-2 It seems to me that Council is trying to inconspicuously find a way to raise new revenues by sliping in new tax's on residencial property. Response: The agency is not empowered to create new or raise taxes. The state constitution limits property tax increases to the following: 1) increases made by the County Assessor for normal growth ("2 percent"growth); 2)increases or decreases upon the sale of property; 3) improvement to real property; and 4) tax rate increases that are authorized by the voters. Redevelopment authorizes the Agency to be apportioned a share of the property taxes that are paid in the project area,and does not authorize an agency to levy its own taxes. Comment 2-3 Also the thought of Council being able to issue bonds without voter approval disturber me and should not be allowed. Response: The authority to issue revenue bonds is authorized by state statute for all public agencies in the state. Any bonds that would be secured by supplemental assessments on property or increases in the rate of taxation are required to be approved by those so assessed. Since the redevelopment source of revenue will not involve supplemental assessments or increases in the rate of taxation no voter approval is required by state statute. As amended the redevelopment would, require that general obligation bonds be approved by a 2/3 majority of voters. Response to Written Comments July, 1999 Atascadero Redevelopment Plan 2-2 • JUL-02-99_FR I 16:05 P. 10 _ Comment 2-4 This outline is a non shalaunt way for certain interest's in the town to prosper greatly. Response: No specific development projects or developers have been identified as part of the redevelopment process within the revised redevelopment boundaries. The redevelopment plan list specific goals, objectives and projects that are considered necessary for effective redevelopment of the downtown arca. However, it is not known who will specifically carry out such projects. Comment 2-5 I think Atascadero should look at the way Paso Robles inacted their re-Development Plan,and how it has worked for theist, and as far as I can tell has not affected the residencial areas. Response: The redevelopment plan that was developed for the City of Atascadero analyzed the needs of the community as expressed in the Downtown Master Plan,the Economic Flement of the General Plan, Land Use Element of the General Plan, the Long Range Fiscal analysis, community input,and blighting conditions in the project area. Each community's redevelopment plans for their respective project areas are different because each community's character and needs are different. Consequently, a program of activities that may be appropriate in one community may not be appropriate in another. Based on the field surveys and existing City records it was determined that the residential areas around the downtown area met • the definition of blight, were considered necessary for effective redevelopment to sustain a stable consumer base in or near the downtown, and have infrastructure needs such as street repairs, sewerage improvements and storm drainage improvements that should be addressed by redevelopment. Also see Response 2-1. Comment -6 The redevelopment Plan that Atascadero is considering would indeed open the door within the city to over development of properties within the city. Response: The redevelopment plan is not a substitute for the community's general plan, its zoning ordinance or other development regulations which control development in Atascadero. Section 220 of the redevelopment plan states that: All uses proposed in this Plan, or any amendments to this Plan,or any other plans that may be adopted by the Agency, shall be in conformance with the General Plan of the City. In its present form, the Plan is fully consistent with all applicable elements and provisions of the General Plan. As Response to Written Comments July, 1999 Atascadero Redevelopment Plan 2-3 • JUL-02-99 FR 116 05 P. 11 the General Plan is amended from time to time, the Redevelopment Plan map shall automatically be so amended. • All requirements of the City Zoning Ordinance shall apply to all uses proposed lierewider. The Agency,after consultation with the Planning Commission, may, by resolution, adopt specific plans for all or any portion of the Project Area which establish architectural controls, heights of buildings, land coverage, setback requirements, traffic circulation, traffic access, sign criteria and other development and design controls consistent with this Plan and necessary for proper development of both private and public areas within the Project Area. These controls may not reduce or eliminate requircmcnts of the appropriate zone classification of the City Zoning Ordinance. All such specific plan or design regulations shall be administered according to applicable city regulations to eliminate multiple levels of design review.- PAUL MITCHELL CAROLYN MITCHELL Comment 3-1 It has come to my attention that the city council is about to take a vote on whether to support a redevelopment plan. The plan that is being considered is too vague and will create many problems in Atascadero's growth in the years to come. It does not emphasize improving the central area of downtown where much improvement • needs to be done. The conditions of the buildings downtown are shameful and have been that way for years. Response: The redevelopment plan, because it is a 20-year plan for the improvement of the project area,represents a program of actions and a list of authorities that the Agency may use over time to remedy blighting conditions in the project arca. Since the implementation of the plan is dependent on the initiative of private individuals to redevelopment their properties, it is not known, nor is it possible to know, when such activities may, in fact, occur. The Agency is authorized under the redevelopment plan to undertake certain public improvement activities to support the redevelopment of the downtown area; however, these improvements will be done in conjunction with projects that serve to expand employment opportunities and direct investment in the downtown area. Contrary to the continents,the redevelopment plan does, in fact,focus on the downtown. The implementation plan in the draft redevelopment plan limits the Agency's activities to the downtown area. Areas outside of the immediate downtown area have been included, including residential areas,because they are considered necessary to make the Response to Written Comments July, 1999 Ataseadero Redevelopment Plan 2-4 JUL-02-99 FR I 16:05 P. 12 redevelopment of the downtown feasible, and because residential . areas surrounding the downtown necessary to support downtown business were tound to be blighted as shown in Response 2-1. The Preliminary and Final Blight Survey and feasibility study conducted in 1996 in fact concluded that a rudevelopnlent project limited to the downtown area and the traffic way industrial areas was,in fact,not financially feasible. This finding was affirmed in the Report to Council. Comment 3 This redevelopment plan also will encourage speculators to build all up and down El Camino and Highway 41 both onthe east.and west side of the Salinas River once the new bridge is built. Response: The Atascadcro General Plan and associated development regulations will continue to regulate development in the community. See Response 2-6. The redevelopment plan encourages development in the downtown area. Comment 3 My wife and I have been residents of Ataseadero since 1968. During all this time,l cannot say that I have seen much good planning by our city. If this "redevelopment plan" becomes a reality only more problems will come to Atascadero. Development may mean some small gains in a tax base for our town,but all of the money gained by the city will be lost because more services will be needed. Response: The redevelopment plan is intended to address the blighting conditions that have developed over time. Consequently, it will reverse the fiscal and economic drain that these properties are on the community. Depressed property values in the project area are a burden on the community. 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. As a result of the redevelopment plan and tax increment financing, property tax revenues would be retained in the community which currently leave the city. JOIIN W. AICNEIL Comment 4.1 Redevelopment souuids good. The downtown business district could use redevelopment money to make it more inviting to business customers, vehicle and pedestrian traffic. But, the so-called Response to Writler, Comments July, 1999 .91ascadero Redevelopment Plan 2-5 • JUL-02-99 FRI 16;06 P. 13 "blighted" area qualifying for funds extends far beyond the downtown district in the proposed redevelopment plan. One wonders • if any of the money will be allocated for the downtown revitalization by this City Council acting as the Redevelopment Agency. Response: The redevelopment project arca was developed based on a number of factors. First, it represents the area within which there is a prcdorninance of physical and economic blight in accordance with California Redevelopment Law. Second,the proposed project area was designated to ensure that the redevelopment plan is financially feasible as required by Section 33367(b)(3) of California Redevelopment Law. According to the implementation plan in the draft redevelopment plan, the agency activities are limited to the "improvement of the Downtown Arca which is generally bounded by Highway 101, Highway 41, Bajada Avenue and Rosario Avenue" (Section 720 of the redevelopment plan). The implementation plan provides both policy and statutory assurance that the redevelopment plan will be implemented in a manner described in the redevelopment plan. All activities undertaken by the Agency must be in conformance with the implementation plan according to State statutes. Comment 4-2 Where will the money come from? Real property tax increment increases for 45 ye;arti will be diverted from schuuls,libraries,fire and police to redevelopment. And the proposed bond for additional funds will not be voted upon by the citizens. Response: Financing for the redevelopment project will come from a share of incremental increases in assessed valuation within the project area. Since all affected taxes agency will retain their current level of taxes, plus share in an increase in the growth in taxes associated with increases in assessed value, no existing taxes will be diverted from taxing agencies. Funding for schools will be fully compensated from statutory state subventions for local school district funding. With regard to elections for any indebtedness, see Response 2-3. Comment 4-3 Nothing this City Council has done justifies giving it this power to spend our money; or the power to take property by eminent domain for the primate gain of a few in the name of redevelopment. Response: The authority to adopt development regulations,financing programs, annual budgets and other governmental functions is vested by the State Legislature in the legislative body of the community. The City Council already has the authority and responsibility to ensure that adequate financing mechanisms are in place to fund needed capital projects and to implement the General Plan for the community. Response to JVritten Comments July, 1999 Atascadero Redevelopment Plan 2-6 JUL-02-99 FRI 16.06 P. 14 Based on the analysis contained in the Preliminary Report and Report to Council, it was found that despite the City's efforts over the past 10 years,conditions in the downtown have worsened,and blighting conditions have not been remedied by standard city regulations and revenue sources. The supplemental powers of redevelopment are considered necessary to reverse this trend. Comment 4 This City Council has never turned down a lot split,or a development, in contravention of the General Plan, and now even proposed rewriting the General Plan. Response: California Government Code provides that communities may not approve development projects which arc not in conformance with the General Plan. RUTH E. H L DEBRANDT Comment 5-1 I am vehimently opposed to any proposal that would encumber the residents of Atascadero with anything close the $100,000,000 debt proposed. Response: The redevelopment plan will not encumber individual citizens, property owners or the City of Atascadero with responsibility to repay debt. The redevelopment agency is not a taxing agency and may not levy taxes to finance projects. Section 540 of the redevelopment plan state-,as follows- The Agency may issue bonds or notes when a determination has been made that such financing is required and feasible. Such bonds or notes shall be issued only after the Agency has determined that funds are,or will be,available to repay principal and interest when due and payable. Neither the members of the Agency nor any persons executing the bonds are liable personally on the bonds by reason of their issuance. The bonds and other obligations of the Agcncy arc not a debt of the City or the State,nor are any of its political subdivisions liable for them, nor in any event shall the bonds or obligations be payable out of any funds or properties other than those of the Agency,and such bonds and other obligations shall so state on their face. Response to Written Comments July, 1999 Atascadero Redevelopment Plan 2-7 • JUL-02-99 FRI 16:07 P. 15 Sections 570.4 and 570.5, respectively, as amended, of the redevelopment plan also state that The Agency shall not borrow 1101' the City shall loan General Fund revenues to the Agency without an affirmative vote of a least three City Council Members eligible and qualified to vote, and a unaminous vote of the Agency Buard. Tho Agency also shall not issue tax revenue bonds without adequate insurance or other security protecting it's revenue sources. The$100 million quoted by the commentator is incorrect. Table I 1-1 in the Report to Council indicates that total apportioned increment to the Agency is projected to be $55.4 million for non-housing costs and $23.5 for housing programs,a total of$78.9 million. Comment 5-2 Especially for a redevelopment plan that is exceedingly vague&too open to reinterpretation&change by this and any future councils. Response The implementation of redevelopment plans depends on a number of variables, many of which arc outside the control of the City or Agency. These include market forces, investment and reinvestment goals of individual property owners, tax increments which may actually become available to the agency,and other factors. For those reasons adoption of redevelopment plan should be considered an implementation plan for the General Plan, Downtown Mastcr Plan and other land use policy documents which guide growth and development in the conunimity. As constructed and included in the redevelopment plan, the implementation plan leaves little doubt regarding the priorities for the redevelopment of the project area. By their inclusion in the redevelopment the public is provided with a greater degree of certainty than that normally provided in redevelopment plans. Further,the plan has been amended to require a unanimous vote of the City Council to amend it. MARILYN HOERL Comment 6-1 Mainly, I don't like to give the responsibility of spending $100 Million,without voter approval,to this city council and every other city council in the next 45 yearn I have lived in town for the last 24 years and have seen nothing but complete incompetence in the finance department since the city was formed. How can I possibly think that this will change now? Response: See Response 2-3. The quotation of$100 million is incorrect. Total projected apportioned increment that may be used by the agency is estimated to be$78.9 million according to Table 11-1 in the Report to Council. Citizens elect City Council members, which in turn employ professional managers to conduct the City's administrative business. Council members are accountable to the electorate. Response io Written Comments July, 1999 Atascadero Redevelopment flan 7-8 • JUL-02-99 FRI 16:07 P. 16 t _ Comment 6-2 This council shouldn't be pressured into adopting a plan before the fiscal year- a plan that has no specifics and could be used totally to benefit the developers and realtors and take money from all the other areas we need like fire protection and paving roads outside the redevelopment area. Response: The financing for the redevelopment plan will not take away any existing monies from the City or ether taxing entities; See Response 4-2. No specific developers or realtors have been identified within the revised project area. Comment 6'3 This city council has 2 members who have such direct financial interest that they can't even vote on the plan due to conflict of interest. How many other realtors and developers will be on other councils in the next 45 years that will directly gain from their votes? Response: No agency board member or city council members are permitted,by California Redevelopment Law, local conflict of interest guidelines and state Fair Political Practices Commission guidelines, from participating in a decision that would have a material affect,negative or positive, on their financial interest, or the financial interests of their employer or immediate family. Section 33130(a)of the Health and Safety Code further provides that council members, employees, and others involved in the development of policies and programs for . the project arca may not acnuirc -property in the proicet area. Consequently, the conflict of interest guidelines and those special guidelines associated with redevelopment provide assurance that decision makers will not directly gain from their votes. DOROTHY F.MCNEIL Comment -1 1 believe,that people who favor redevelopment do so for one of two reasons. One: they have no idea of the power it gives three, sometimes two, people who wear two hats—Councilm embers and Rcdcvclopmcnt Agency board nicmbcrs. It is an incestuous relationship. The other reason: they understand what it is about and expect to get in on the gravy train. Here is an example of one body, the Council, pretending to be a separate body,the Redevelopment Agency. This is a quote from the final draft being considered tonight. "The city may supply advances and expend money as necessary to assist the Agency in carrying out this project. Such assistance shall be on terms established by an agreement between the city and the Agency." Response to Written Comments July, 1999 Atascadero Redevelopment Plan 2-9 JUL-02-99 FR I 16:07 P. 17 Council: Shall we agree to give money to the Agency as necessary? Three vote are all we need. AYE, AYE, AYE. Agency: Shall we agree to let them advance and expend money when we say it's accessary/ What a question! YES, YES,YES! Hey, councilmen,we need money now for the project. Council: Sure. OK! We'll raid the General Fund or Wastewater fund. We already gave you $106,000 from Wastewater. Agency: Great! We need more. What a wonderful agreement we two bodies made! What a farce! How utterly ridiculous. Response: Section 510 of the redevelopment plan provides, in part, that "the Agency is authorized to finance the project with assistance from the City,State of California,United States Government,any other public agency, from property tax increments, interest revenue, income revenue,Agency-issued notes and bonds,loans from private financial institutions,the sale or lease of Agency-owned property,or from any other available sources of financing which are legally available and do not conflict with the objectives of the adopted Redevelopment Plan. The City may supply advances and expend money as necessary to assist the Agency in carrying out the project. Such assistance shall be on terms established by an agreement between the City and the Agency." The terms of such an agreement will be evidenced through a promissory note which specifics the duration of advance, the interest rate on such advances, and other customary terms. The inclusion of this provision is permissive. It does not obligate the City to provide such advances, only that it may. The ability to borrow from the General Fund is further limited by Section 570.4 of the redevelopment plan, as amended, states that the Agency shall not borrow nor the City shall loan General Fund revenues to the Agency without an affirmative vote of a least three City Council Members eligible and qualified to vote and a unanimous vote of the Agency Board. Comment 7-2 A grave omission in the final draft appears to be a definition of the word "blight". The term is used throughout the final draft and there is a section of"Definitions", but the word blight is not included. It was defined in the Preliminary Draft,but as far as I can determine it was left out of this one. Was it accidental or intentional? With no definition, "blight" can mean anything three people want it to mean. Response to Written Comments July, 1999 Atascadero Redevelopment Plan 2-10 • JUL-02-99 FR I 16:08 p, 18 Response: The definition of blight is established in California Redevelopment Law at Section 33031. These definitions are recited in the Preliminary Plan,the Preliminary Report and the Report to Council. Since they are state statutory definitions they need not be recited again in the redevelopment plan. Their inclusion in the other supporting documents is sufficient to establish their application to the Atascadcro Redevelopment Project. Comment 3 Instead of adopting a plan that will put us in debt for one hundred million dollars for forty-five years and will require fifty-four million to service that debt, instead of adopting a plan that will give three people almost unlimited power—far more than the council now has— let's go for a sane and reasonable plan without redevelopment, the Mainstreet, USA program. Sarah Rah, a consultant for Mainstreet, USA,informed us at the last council meeting that it would cost from 30 to 80 thousand dollars to start up such a renewal program. And it would ensure that the money and effort will go to our Downtown which redevelopment does not. Where will we get the money to start up the Mainstreet program? That's easy: 1. Restore the $106,000 that redevelopment proponents have already pulled from the Wastewater fund. Oh! That's not • possible? It's already been spent on consultants Quad/Knopf, hiring a new attorney for redevelopment and marketing redevelopment to the citizenry? 2. Well, no problem. Wade McKinney has a $100,000 contingency fund. He wasted $50,000 of his previous contingency fund on surreptitiously bringing Greg Greeson on board; Now lie wants to hire (another?) Assistant City Manager. Let's clip his wings and start up Mainstreet. 3. There is yet another source of money. The council and staff want to spend $150,000 to rewrite the entire General Plan! Heaven help us! Let's demand rejection of that idea. That money would fund Mainstreet for two years. It is a three year program,not 45, thank God. Response: The city's proposed Main Street Program will address promotion, property owner and merchant participation,and marketing. However, the proposed Main Street Program and the associated costs stated by the commentator,cannot address major capital costs associated with needed economic restructuring and implementation of such programs as a fagade rehabilitation program,improvement of the Carlton Hotel, provision of added parking facilities, expansion of entertainment facilities, redevelopment of the Junior High School site, streetscape Response to Writte Comments July, 1999 • Atascadero Redeve opment Plan 2-11 JUL-02-99 FR I 16:08 P. 19 improvements, or aggregation of sites for new employers in the downtown area. The city's proposed Main Street Program recognizes . that successful revitalization of downtown will require the marketing, promotion and organizational attributes of the Main Street program, and a reliable source of financing for needed public improvements and economic re-structuring. Comment 7-4 Pay no attention to Jerry Clay when he whines that we couldn't fund a Mainstreet program without redevelopment as does San Luis Obispo because our Farmers' Market doesn't bring in the money theirs does which they use for Mainstrect. Not to wont',Jerry, look at the sources of money just mentioned, if you can bear to do so. Remember,SLO was smart enough to reject redevelopment so they don't have to raid their General Fund the way Paso Robles does every.year. Response: The sources of funds cited from the commentator total approximately $350,000 from the General Fund. These funds, if applied to the Main Street Program,would leave approximately$200,000 available for needed capital improvements and programs to redevelopment the downtown. Table 2-2 of the Report to Council summarizes the needs of the Project Area at$14.7 million for non-housing improvements. In order to finance such improvements it is necessary to use other financing mechanisms such as redevelopment. The 1990 Downtown Master Plan estimated the cost of those improvements at$3.0 million in 1990 dollars. • Comment 7-5 There is one thing the voters of this state have said loudly and clearly. They want a voice,they want a vote on the expenditure of large sums of money which create a debt. If we are to incur a debt of $100,000,000 for the city of Atascadero, the voters of this town should decide. Response! The City of Atascadero, and its citizens, will not be responsible for any debts of the redevelopment agency. Financing for the redevelopment project will come from a share of incremental increases in assessed valuation within the project area. Since all. affected taxes agency will retain their current level of taxes plus share in an increase in the growth in taxes associated with increases in assessed value, no existing taxes will be diverted from taxing agencies. Funding for schools will be frilly compensated in statutory state subventions for local school district funding. With regard to elections for any indebtedness,see Response 2-3. Response to Written Comments July, 1999 Atascadero Redevelopment Plan 2-12 • I JUL-02-99 FRI 16:08 P. 20 _ DAPHNE F' HS1NG • Comment 8-1 I hope you will not rush into this vote for Redevelopment. Either,take it to the people for a vote,or institute the Main Street Program which would cost far less, and would do more in a shorter period of time. Three votes is not a fair way to lock residents into a S 00m debt for 45 years. Response: See Responses 7-1 through 7-5. Comment 8-2 Another reason to withhold your vote at this time, would be for the appointment (or election) of separate, independent Redevelopment Agency. It is not possible for you to wear two hats and pretend that you are thinking and voting independently. Response: The Atascadero Redevelopment Agency has been established for 13 years. At the time of formation the City Council adopted by-laws-and established the form of organization in conformance with California Redevelopment Law. At that time the City Council members were designated as the directors of the redevelopment agency board,as is the case in 95 percent of the other communities in the State with redevelopment agencies. This form of organization is often preferred by the citizens since it provides such citizens with direct recourse (election of new directors) if they do not believe that they are adequately represented. Comment -3 One person said it very clearly at a meeting a couple of weeks ago, and 1 heard it again on the radio yesterday, "We simply do not tnist you." I'm sorry to say that, but this is the way a lot of us feel. Unfortunately, you have proven this, first by the treatment of councilman Luna in passing over his term as mayor;the treatment of Planning Commissioner Jennifer Hageman and insistence that these members be "yes men" to to your wishes; and by catering to favored developers. You could begin to regain our trust by stepping down as the Redevelopment Agency. Response: The authority to make such decisions is vested by the State legislature in the local legislative body, in this case the City Council Comment -4 Work on the Main Street Program for the next five years;rehabilitate downtown,and fix our roads—throughout Atascadero,not just in the redevelopment area. Response: The Main Street Program will provide needed organizational, promotional and marketing support for the downtown, However,the Response to Written Comments July, 1999 • Atascadero Redeve oilmen!Plan 2-13 JUL-02-99 FRI 16:09 P. 21 Main Street Program is not designed to finance or implement major capital projects, economic restructuring, and blight removal that is • necessary. Also see Response 7-4. BARRIE HAFLER Comment 9-1 1 am convinced that adoption of the Atascadero City Redevelopment Plan is a grave error. My concern centers on the accumulated debt that is a cornerstone of the Redevelopment Plan. Spending authority, that is Project specific debt, is appropriate. However,the public must not sign a blank VISA or Mastercard check that authorized current members of the City Council, and those elected over the corning twenty year life of the Plan, to assign projects and generate undue debt. Response: Financing for the redevelopment project will come from a share of incremental increases in assessed valuation within the project area. Since all affected taxes agency will retain their current level of taxes plus share in an increase in the growth in taxes associated with increases in assessed value, no existing taxes will be diverted from taxing agencies. Funding for schools will be fully compensated in statutory state subventions for local school district funding. With regard to elections for any indebtedness, see Response 2-3. Comment 9-2 A Redevelopment agency is a valuable tool when a broad area of • dramatic needs are present with limited resources. Response: The Report to Council and the Preliminary Report provide the basis for the designation of the project area. Response 2-1 summarizes the blighting influences that predominate the area. The city has also determined that there are limited resources since residential and industrial properties in the project area are a financial burden and detriment on the community as determined in the Long Range Fiscal Analysis. MARTIN KELLERMAN LIVIA KELLERMAN Comment 10-1 Part of my concerns about the redevelopment plan are as follows: Item 1 —Pedestrian circulation in the project. How many of you walked the length of Fl Camino, and to the lake? What I notice bas how much of a drive-in-and-out design has been created in the town. When walking, there are few places to sit or linger and talk and be shaded by a tree. Adobe Plaza has a beautiful arbor to sit under, which unfortunately, is the exception. You Response to Written Comments July, 1999 Atascadero Redevelopment Plan 1-14 II JUL-02-99 FRI 16;09 P. 22 _ discourage pedstrian traffic when there are no islands of beauty to • linger in,no benches to rest on,and few trees to be shaded by. We go the Lake, we to Heilman Park, to the sunken gardens and hopefully to Stadium Park, but we do not connect these areas for pedestrians. Will we with redevelopment? I would like to point out missed opportunities that cast doubt. We had in the middle of town a 9 hole golf course. We could have had a show case of stores,plus places of beauty to linger,open space. For example Paso Robles, with its park, movie theater, and its old fashioned drugstore with soda fountain. Its fun going there because after a movie you linger with the kids at the park,then go to the soda fountain. We had an opportunity to develop along the creek like San Luis,but the bowling alley was placed night against the full length of the creek. HWY 41,from Morro Bay to El Camino,was to not to be developed like El Camino. It was to,be more low key, with office buildings. We would not have two "strips". What happened to that goal? We have an opportunity to have two "centers", the library and the lake, connecting them, making the walk to each much more pleasant,but will we do it'? We have beauty all around us, lots of trees and greenery,all sorts of nooks and crannies, but we do not seem to incorporate them in the town. It is hit and miss. Burger King made the effort to have greenery, but at the rood For Less Center, the area in front of the stores is very austere. How is it that,they made such an effort in S.L.O. to build a much more attractive building, but not here? Speaking of effort the Santa Barbara Bank won recognition form the Homeowners Assocation for the beautiful job of landscaping its business. When the business was sold all of the landscaping was torn out. The present owners have done nothing to restore some of the beauty. that contributed to the town itself Will there be some encouragement under redevelopment to consider what adds beauty to the town? Beautiful towns, towns that attract tourists, towns that make life enjoyable for the residents, create beauty within the town. They are places which you just dont go in-and-out of, they are places where you can and want to linger outdoors. In regards to low income housing Response to WrittenComments July, 1999 Atascadero Redevelopment Plan 2-IS • JUL-02-99 FRI 16:09 p, 23 Recently I rode by train from San Diego to S.L.O. I noticed that several communities were trying not to have housing along the track . but instead linear parks, with picnic benches,walking and bike trails. I thought,what a great way to use the land next to the railroad tracks. I find it troubling that we would place low income housing right smack next to the tracks. By the way, Self Help Housing considers $!40,000 houses moderate, not low, income. The people that can least afford child care, and at varous times may have to leave their children alone,will have their kids next to the tracks. If this passes we are going back in-time to when we gave the poor crumbs, or in this case we sell them the worst land, then tell them we are doing them a favor. )Response: The development regulations for the community are contained in the General Plan and its various implementing ordinances and regulations. The redevelopment plan provides and implementation tool for those regulations and is not a substitute for those regulations. Section 220 of the redevelopment plan states that: All uses proposed in this Plan,or any amendments to this Plan, or any other plans that may be adopted by the Agency,shall be in conformance with the General Plan of the City. In its present form,the Plan is fully consistent with all applicable elements and provisions of the General Plan.As the General Plan is amended . from time to time, the Redevelopment Plan map shall automatically be so amended. All requirements of the City Zoning Ordinance shall apply to all uses proposed hereunder. The Agency, after consultation with the Planning Commission, may,by resolution,adopt specific plans for all or any portion of the Project Area which establish architectural controls, heights of buildings, land coverage, setback requirements, traffic circulation, traffic access,sign criteria and other development and design controls consistent with this Plan and necessary for proper development of both private and public areas within the Project Area. These controls may not reduce or eliminate requirements of the appropriate zone classification of the City zoning Ordinance. All such specific plan or design regulations shall be administered according to applicable city regulations to eliminate multiple levels of design review. Response to Written Comments July, 1999 Atascadero Redevelopment Plan 246 • JUL-02-99 FR I 1610 P. 24 _ CRAIG DIN GMAN • Comment 11-1 1 urge you to defeat the proposed Project Area plan for the CRA. It is a plan that has some conceptual merit,but serious design flaws. I am concerned with the focus on capturing tax dollars which essentially require development. Everyone knows now that locally owned businesses benefit the local economy by keeping more of their revenue in town than large chain stores do. But if the out of the redeveloped areas,then local revenue, in total,takes a back seat. Everyone favors a pedestrian friendly downtown. But not by any means. What is the value of improving the character of a small part of the City while losing local proponents of redevelopment,but there is too little structure and accountability in the proposal to assure that an overall loss of local character, control and economic benefit will be avoided. CRA represents too large an abdication of the planning process by the citizens of Atascadero. Keep working and come up with something better. Response: See Response 10-1 above. DAN ULRI H Comment 12-1 I)If a CRA were to exist in our community I believe its membership should be a mix of both city officials and community members rather than just the city council. I believe this would provide a more widely accepted process of checks and balances. It is the entire community that has a stake in this, not just the business community. Response: The Atascadero Redevelopment Agency has been established for 13 years. At the time of formation the City Council adopted by-laws and established the form of organization in conformance with California Redevelopment Law. At that time, the City Council members were designated as the directors of the redevelopment agency board,as is the case in 95 percent of the other communities in. the State with redevelopment agencies. This form of organization is often preferred by the citizens since it provides such citizens with direct recourse (election of new members) if they do not believe that they are adequately represented. Comment '2-2 2)The establishment of a CRA potentially reduces the amount of increase in tax dollars available to other agencies. 1 believe that if property values increase(for any reason)the available dollars should Response to Written Comments July, 1999 Atascadero Redevelopment Plan 1.17 • JUL-02-99 FRl 16: 10 P. 25 go back to those agencies which now exist rather than being funnelled through yet another government agency which will further dilute the value of those dollars. Response: The allocation of tax increments in a redevelopment area is prescribed by Section 33607.5 of the State Health and Safety Code. The legislature in establishing this formula has taken into consideration growth that may have occurred in a project area -without redevelopment,the need for increases in tax revenues and the need to cover increased operating costs for existing services. Comment 12-3 3)The meeting time as proposed allows for little meaniful discussion. As we all know city council meetings regularly end after 10:00 PM. Asking the community to then address the issues of a redevelopment agency will only create a very distrustful public wondering what really went on during those late night sessions. It will be perceived as rubber stamping the decisions made by only a few. Response: The Agency has provided nine public participation opportunities for citizen involvement and comment on the redevelopment plan. These have included five special workshops conducted by City staff, four public hearings at the City Council and Agency Board prior to the redevelopment plan hearing, and outreach newsletters soliciting comments on the plan. Comment 12-4 4yl*he scope of the CRA boundaries are too great. Some areas that are included, are not, by practical definition, blighted. This may cause undue hardship for some property owners trying to sell their property when their property is identified as "blighted". Response: Areas outside of the immediate downtown area have been included, because they are considered necessary to make the redevelopment of the downtown feasible, and because healthy residential areas surrounding the downtown are necessary to support downtown businesses. These areas were also found to be blighted as shown in Response 2-1. The Prclirriiriary and Final Blight Survey and feasibility study conducted in 1996 concluded that a redevelopment project limited only to the downtown area and the traffic way industrial areas was,not financially feasible. The present study and evaluation confirmed that assessment since a smaller project area would not have sufficient tax increment revenues to complete the needed projects. Comment 12-5 The power of eminant domain is too great. Private business should be allowed to flourish or fail without government intervention. Many businesses, which have been successful by most standards will be Response to Written Comments July, 1999 Atascadero.Redevelopment Plan 2-18 • JUL-02-99 FR I 1610 P. 26 forced to refinance improvements or move their operations simply because a small group,the CRA,decides that they have a better idea for a property. Response: The power of eminent domain is considered to be necessary to implement the redevelopment plan. This is based on the finding that there are inconsistent land uses, irregular parcels, and undersized parcels that prevent redevelopment of the project area. Under the provisions of the plan,power of eminent domain cannot be used for residentially occupied property. Section 320.1 of the redevelopment plan,as amended,provides the following limitations on the usage of eminent domain: Eminent domain shall not be used for any of the following: a) Property zoned residential according to the Atascadem Zoning Ordinance, b) Property used for residential purposes, C) Property that is a conforming use as defined by the Atascadero General Plan and the Atuscadero Zoning Ordinance. VIRGINIA POWERS Comment 13-1 I am against the Redevelopment Agency plans because they are not specific. It would be like hiring a contractor to remodel your house without knowing what he intends to do or how much it would cost. Imagine further if die contractor said he wanted his money up front and would tell you his plans later. Response: The implementation of redevelopment plans depends on a number of variables, many of which are outside the control of the City or Agency. These include market forces, investment and reinvestment goals of individual property owners, tax increments which may or may not become available to the agency,and other factors. For those reasons adoption of redevelopment plan should be considered an implementation plan for the General Plan, Downtown Master Plan and other land use policy documents which guide growth and development in the community. As constructed and included in the redevelopment plan, the implementation plan leaves little doubt regarding the priorities for the redevelopment of the project area. By its inclusion in the redevelopment plan the public isprovided with a greater degree of certainty than that normally provided in redevelopment plans. Further, the inclusion of specific projects provides certainty. Response to Written Comments July, 1999 • Atascadero Redeve opmen[Plan 2-19 JUL-02-99 FR l 1611 P. 27 Comment 13-2 I am not against redevelopment. In April I visited my hometown of Cleveland, Ohio and was amazed to see what a good job they had done in downtown Cleveland along the lake front. The difference is that the people voted on each project. They know what they were getting and were willing to pay for it. I feel we should know what you plan to do with our taxpayer money before we are willing to invest in a project. I still remember the Carlton Hotel fiasco and how the contractor absconded with our money before the public knew what was going on. Come back when you have a specific project and can tell us how and what you plan to do with it. Response: The Report to Council and the Preliminary Report outline the blighting conditions, the needs associated with the elimination of those blighting conditions,and a long range program for addressing those needs. As other projects are considered or proposed, the agency will be required by California Redevelopment Law to provide the public with specific information on the type of assistance proposed, the cost of such assistance, and whether or not such assistance is necessary to make the proposed project feasible,and to conduct a public hearing on the proposed assistance. GERALDINE BRASHER Comment 14-1 Since there are so many waiting to address you,I will be very brief. I would much prefer to attack the problem of the downtown area by instituting a Main Street Program rather than pursuing the information of a Redevelopment Agency. The advantages are many. First, it would deal with the major problem we have in this community without involving tis in a 20 year plan that would involve floating very expensive bonds we would need 45 years to pay off. Second, it would be much less costly and could be funded by not hiring an Assistant City Manager, by reducing the City Manager's contingency fund and by utilizing the extra fees that members of the BIA are charged. BIA boundaries are contiguous with the Downtown Area. Third,our neighboring city,San Luis Obispo,did a marvelous job of improving its downtown using just the Main Street Program. In fact, San Luis Obispo's Council rejected the formation of a Redevelopment Agency. Gentlemen,I urge you to consider a Main Street Program rather than forming a Redevelopment Agency. Response to Written Comments July, 1999 Atase-adern Redevelopment Plan 2-20 • JUL-02-99 FR I 1611 P. 28 Response: The city's proposed Main Street Program will address promotion, • property owner and merchant participation,and marketing. However, the proposed Main Street Program and the associated costs stated by the commentator, cannot address major capital costs and economic restructuring associated with implementation such as a fa�adc rehabilitation program,improvement of the Carlton Hotel,provision of added parking facilities, expansion of entertainment facilities, redevelopment of the Junior High School site, streetscape improvements, and aggregation of sites for new employers in the downtown area. The city's proposed Main Street Program recognizes that successful revitalization of downtown will require the marketing, promotion and organizational attributes of the Main Street Program, and a reliable source of financing for needed public improvements and economic restructuring. Table 2-2 of the Report to Council summarizes the needs of the Project Area at $14.7 million for non- housing improvements. In order to finance such improvements it is necessary to use other financing mechanisms such as redevelopment. CAROL D HART Comment 15-1 This letter is to address the issue of the so-called Redevelopment Plan currently proposed by this council. I have lived in this city for 23 years and have seen many changes, I believe for the worse. These changes have become greater during the last six years. • Twenty years ago this month I voted to incorporate Atascadero into a city,and I also had a son. I am grateful for my son,but I'm having second thoughts about incorporation. If it weren't for we who voted to incorporate,you all wouldn't be sitting where you are now. I very disappointed in the deviation from the General Plan so well thought out with great foresight by E. G.Lewis. Much to my dismay I have witnessed this council consistently amend the General Plan to accommodate the pro-growth powers that be in Atascadero. We all know who they are. I believe the Redevelopment Plan will only continue to further undermine what E.G.Lewis intended for our beautiful city. We have lost some very hard working,,faithful employees who I had personal contact with on many occasions. This mass exodus of city personnel and the obvious mass building is directly related the extremism of the current council and city administrators. T want our residential neighborhood protected, the rural qualities of Atascadero preserved, and our government officials to do their jobs by respecting our General Plan and its'principles. Response: See Response 10-1. Response to Written Comments July. 1999 • Atascadero Redevelopment Plan 2-21 JUL-02-99 FR I 1612 P. 29 _ RUTH RENTSCHLER Comment 16-1 As an affected property owner I have the right to be informed of • detailed plans for the downtown arca and how it will impact my property. All I have heard so far are allusions to unspecified projects... in the future. Response: Potential projects to be undertaken in the downtown area in the first five years are summarized in Section 720 of the Redevelopment Plan. Comment 16-2 To create such a monstrous project,with lots of borrowed money,one hundred million dollars and projected cost of fifty-four million to service the debt seems ludicrous. And,what concerns me most is that property owners cannot vote for or against this plan. The decision is left to three council members. Response: See Response 2-3. Comment 16-3 The:Main Street Program sounds like a better alternative to.revitalize the downtown area and at a much lower cost. Rezipunse; See Response 14-1. Comment 16-4 1. A detailed plan, of what exactly is being considered within five years for the downtown area. • Response: See Response 16-1. Comment 16-5 2. What exactly is planned for the area of my property,parcel number 029,341,009. Response: The parcel referred to by the commentator is located at the northeast corner of Traffic Way and palma,within the city's downtown district. As a portion of one of the principal commercial axiis in the downtown area, it is planned that the existing stnicture would be augmented by additional streetscape improvements, fagade improvements, additional parking, and pedestrian improvements along Palma,all as specified in the redevelopment plan. The property has not been identified as having poor or fair building conditions so it is anticipated that the agency's activities would serve to enhance and augment the existing building and its occupancy. Comment 16-6 3. And,if improvements are dictated for my property,will it then be re-assessed? Who pays for any costs and inconvenience? Who pays the higher taxes? If passed along to tenants it will either eliminate Response to Written Commen[s .17.11y, 1999 Atuscudleru Redevelupmew Plun 2-22 • JUL-02-99 FR l 1612 P. 30 Their business or force them to move. M � Y rents at this time are kept • relatively low to help them stay in business. Response: If an owner makes improvements to the property the assessor may reassess the property. Public improvements made for the benefit of private property such as the pedestrian improvements, facade, and streetscape improvements cited above will be in the public right of way and are exempt from re-assessment. Comment 16-7 4. If you decided to rezone areas,will you then have the right to force people to move because of non-conforming uses', Response: The proposed redevelopment plan includes a limited ability for the agency to acquire non-residential land by eminent domain. Specific limitations are itemized in Response 12-5. The zoning of the City is automatically incorporated into the redevelopment plan,according to its terms. Persons or businesses would not be forced to move after rezoning, other than as would be the case without redevelopment. Comment 1 -8 5. Can eminent domain be used to benefitspecial interests or is it restricted to public improvements only, such as parks and road? Response: Eminent domain could be used for any purpose to implement the redcvcluprrrerrt plan within the limitations set forth in Section 320.1 of the plan. Specific and supportable findings must be made • concerning public purpose before eminent domain could be used,as required by law. Comment 1 -9 6. Please explain why the Main Street program in conjunction with private enterprise could not accomplish the revitalization of downtown, as it has in many cities, without a very expensive redevelopment plan. Response: See Response 14-1. Comment 16-10 7. The California Health and Safety Code, section 33363, states among other things the following: The legislative body shall,at the hour set in the notice,hear all written and oral objections,and shall, before adopting the redevelopment plan, evaluate all evidence and testimonyfor and against the adoption of the plan and shall make 8 F written findings in response to each written objection of an affected property owner or taxing entity. Response: This report made to City Council constitutes compliance with Section 33363 of the Health and Safety Code. Response to Written Comments July, 1999 • Atascadero Redeve opmeni Plan 2-23 JUL-02-99 FRI 1612 P. 31 _MICHAEL R.KOHLE Comment 17-1 Regarding my residential property located at 5345 Mercedes Avenue, • I would like to officially request that my property and all of the residential property on the eastern edge of Mercedes Avenue,soon to be Highway 41,be removed from the project area. I do not consider this a blighted area and see not potential for the use of Redevelopment funds in this area. 1 also object strongly to the expanded powers given to the Redevelopment Agency over property conformance, property use, and emeninent domain as could be applied to my or my neighbor's property. Response: The property in question is adjacent to an area with a substantial number of dwelling units in fair or poor condition as indicated on Figure 2-2 in the Report to Council. The subject property also impacted by the realignment and construction of State highway 41 and is therefore subject to the need for comprehensive re-planning. Eminent domain may not be used for residentially occupied properties, whether zoned for residential, commercial or industrial land uses. Comment 17-2 1. In general, the use of Redevelopment Agency funds is an inefficient use of tax monies, so they should be used judiciously. Much of the funds will used to service debt incurred by the Agency. These funds used to pay debt service would have otherwised been used to benefit the taxpayer rather than the • lending institutions. Since the funds are being redirected to other than their currently designated usage the taxpayer should approve the use of these funds and the use of debt to finance the Redevelopment Plan. Response: The agency is under no obligation to finance its activities with long- term debt. Further, a local lending institution, other local governmental entity or the City may advance funds to the agency which would ensure that interest expense on any indebtedness is paid to local investors. In order to ensure that long-term indebtedness is used in a judicious manner,the redevelopment plan provides that any agency long-term debt be approved by a unanimous vote of those qualified and eligible to vote on such matters. Comment 17-3 There is a tendency for the expenditures to be front end loaded,with the bulk of the funds being committed in the early years of the program. This results in missed opportunities later in the program. There is no way to anticipate or to micromanage the planning of the downtown development to insure the funds will be used on the appropriate areas. fund expenditures should be time-phased to insure Response to Written Comments July, 1999 Atascadero Redevelopment Plan 2.24 • JUL-02-99 FRI 16, 13 P. 32 they are used most effectively and will be available when needed the • most. Response: Expenditures on the implementation will be constrained by actual tax increments that exist in the project area at the time a specific financing is proposed. The Atascadero Redevelopment Plan,Section 570.5,requires that the Agency have insurance on any revenue hondc; the practical result of this requirement is that the Agency will not be able to bond for any debt service that cannot be paid back with current revenues plus a contingency that is.specified by the bond insurer. Consequently,Agency activities are sometimes backloaded since tax increment revenues are higher in the later years. There is also an incentive to do projects in earlier years in order to eliminate blight sooner. The general and special conditions limiting long-terra debt contained in Section 570 of the plan will insure that any such deht is entered into with caution and prudence. The -special implementation plan section also dictates that the initial five-year plan may not be amended within the first five years without formal amendment of the redevelopment plan;further,additional provisions have been included based on public comment and testimony that the goal of the.Atascadero Redevelopment Plan shall be the revitalization of downtown. As a result, all activities of the Agency must be in conformance with this goal. • Comment 1 -4 In addition,It is coinInun practice for expenses that would norIllally be incurred out of the City's General Fund to be shifted to the RDA, (City Staff salaries and expenses are a prime example). Response: It is cuttunon practice to have general adttiinistrative and Agency project expenses of City staff paid out of tax increment funds rather than the City General fund. This is a net fiscal benefit to the City General Fund. Such administrative expenses must be reasonably related to implementation of the redevelopment plan. t -5 a. An debt incurred in t Commcn 1 he forms s of loans or bonded indebtedness entered into by the RDA should he approved by referendum with a majority of the voters consenting to entering into this debt. Response: The authority to issue revenue bonds is contained in state statute for all public agencies in the state. Any bonds that would he secured by supplemental assessments on property or increases in the rate of taxation are required to be approved by those so assessed. Since the redevelopment agency's source of revenue will not involve supplemental assessments or increases in the rate of taxation, state Response to Written Comments Jul 999 P Y. 1. . . Atascadero Redevelopment Plun 2-25 JUL-02-99 FRI 16;13 P. 33 statute does not provide for voter approval. All revenue bonds will require a unanimous vote of the Agency. • Comment 17-6 b. The fund expenditures should be budgeted over the life of the project and not front-cnd loaded. Or there should be a minimum reserve level established for future fund use. Response: See Response 17-3. Comment 17-7 c. There should be safeguards for the use of RDA funds for non- RDA uses. l would suggest that any RDA budget item that shares resources with the City be approved by 4 votes of the City Council Response: Redevelupment fwids may nut be used for nun-redevelopment purposes. The redevelopment plan limits the use of such funds to those activities that are stated therein. Further,redevelopment fluids may only he used for Projects that are contained with the Agency's five-year implementation plan. Finally,any advances from any City funds will require three votes of those qualified and eligible to vote, and a unanimous vote of the Agency Board. Comment 17-8 2. Although it is specifically stated that eminent domain will not be used on residential properties being used for residential uses, there is the potential for working around this issue through modifications of the General Plan and subsequent determination • of non-conformance with the Agency plan. some protections need to be afforded to residential property to assure that zoning changes arc not made and then properties that were originally in conformance with the original designated usage are then found to be non-conforming. Response: Scc Rcspunsc 17-1. Comment 17-9 a. The use of emminent domain by the Agency should require a unanimous vote. Response: The state code of civil procedure requires a 2/3 vote on the any Resolution of Necessity to commence condemnation proceedings. The Atascadero Redevelopment Plan, as amended, requires a unanimous vote to commence such proceedings; since the redevelopment plan provisions are more restrictive they shall prevail. The special provisions of the redevelopment.plan,the supermajority requirement in State law,the required findings pursuant to State law and the redevelopment plan, and the extended notice period are Response tv Wrillen Comments July, 1999 Alascadero Redevelopment Plan. 2-26 • JUL-02-99 FRI 16:13 P, 34 • _ considered adequate to eliminate the non judicious use of eminent domain. Comment 1 -10 b. Affected property owners should be given a minimum of 60 days prior notice of any public hearing regarding the use of emmi.nent domain. 10 days is not sufficient notice. Response: The redevelopment plan has been amended to include a 60-day notice as suggested by the commentator. Comment 11-11 3. Section 420 allows use of funds out of the project area. The requirement that all funds should be used inside the project area will prevent the indiscrete use of the funds and will insure that the maximum benefits are dervied by the project area. Response: The Agency is required to use its low and moderate income revenues for the benefit of the project area. The Agency also desires that such households not be overeoncentrated in particular geographic area. Commcnt 17-12 4. Regarding Section 430 of the proposed plan,the requirement that the percentages be applied to the aggregate in theroject area, P J and not to each individual cases of rehabilitation, development, etc. may not result in the usage as required. Some provision needs to be included to insure that the correct income level • proportions of housing be achieved. In the case of rental properties, there needs to be requirements that the property be used for the appropriate income level for an agreed on period time, ie 20 to 30 years. Response: Since rehabilitation projects are the priority of the agency and are normally done on an individual basis, it is not practical to apply the inclusionary housing requirement to such programs on a project by project basis. With regard to the term of affordability for assisted projects Health and Safety Code,Section 33334.3 (Q(1)requires that assisted units remain affordable for the"longest feasible time", but no less than 15 years for rental units and ten years for owner occupied units. Health and Safety Codc, Section 334I3 also required time periods for affordability covenants. Commcnt 17-13 5. Any funds transferred or loaned to the Redevelopment Agency by the City should be approved by a vote of a least 4 City Council Members. Response: The redevelopment plan has been amended to require a unanimous vote of the qualified and eligible decision makers to enter into any long term debt. Response to Writlerl Comments July, 1999 • Atascadero Redeve opment Plan 2-27 JUL-02-99 FR I 1614 P. 35 MRS. &MRS. GIESSINGER Comment 18-1 We believe that redevelopment is a vital and important part of this • community. It is something that we have worked toward and will continue to hope for as long as we live in San Luis Obispo County. Have lived here for 25 years and plan to retire here in ten years or more. Response: Comment noted. HOMELESS HOUSING PROJECT,SHELTER COMMITTEE REPRESENTATIVE MIKE BYRNE Comment 19-1 The Homeless Housing Project wishes to lend support to the Community Redevelopment Project to be voted on at this next City Council Meeting. The prospects of bringing Atassadero up to commercial speed are exciting and this is opportunity may not occur again. Community Redevelopment should articulate the principal needs of the citizenry including affordable housing. The current plan seems deficient in this area. Response: Comment noted. Comment 19-2 EOC has a current waiting list of 30 families in the city of Atascadero who have Section 8 vouchers and can find no place to live. We estimate that close to one thousand individuals in Atascadero are • currently homeless. The majority of these are women and children. The Community Redevelopment must include a comprehensive housing program that provides an emergency shelter, transitional housing in the form of multiple dwelling rentals and affordable housing with rental and homebuyer assistance. The first step in this process and requires the establishment of emergency shelter service. Our organization requests that The Community Redevelopment Agency purchase and renovate the Yokum property at 4700 El Camino Real to provide a combination shelter and day center. Agencies represented in the North County housing Coalition sponsored by Supervisor Ryan could administer the shelter service and provide case management helping clients move to the next level of independence. Response: The Atascadero Housing Element acknowledges homelessness as a special housing need. The inerits of the proposed project are clear, however,at present the Agency is not empowered to take any actions with regard to the redevelopment plan, including acquisition of property. Any property acquisition must be subject to community Response to Written Comments July, 1999 Atascadero Redevelopment flan 2_28 • JUL-02-99 FR 11614 P, 36 input and comment prior to any decision being made, according to • Section 320.2 of the redevelopment plan. Also,prior to entering into a development agreement for project assistance the Agency would he required to conduct a public hearing on the project in conformance with Section 33433 of the Health and Safety Code. For those reasons the Agency may not commit to any particular course of action on this project prior to such public input. BECKY Y CAS Comment 20-1 Originally I believed that the idea of redevelopment would be good for the area; however I see from the plans that an area that has been sorely neglected.by the city of Atascadero is going to benefit, but rather once again, will be taken advantage of by the proposed plan and the city officials implementing it. Response: It is not known to which area the commentator is referring that is "sorely neglected". If this area is the San Benito Road area,it is not included in the redevelopment project area and therefore, will not contribute tax increments to the redevelopment agency. Portions of this area were. deleted from the original project since it was determined that it was not necessary for effective redevelopment,or to make the redevelopment project financially feasible. Comment 20-2 Eight years ago Atascadero allowed San Benito Road Elementary SSchool to be built to accommodate over 700 students with absolutely no provisions to accommodate the increase in traffic, despite numerous requests from parents. Instead the city has repeatedly tossed gravel alongside the street above the school on San Benito Road, forcing bike riders into the middle of the street with traffic. I have seen at least one child hit on his bike due to the thoughtfulness of the city. Of course the bike rider was found at fault for not riding downhill in the slippery gravel that the.city provided. Nothing has been done to improve the flow of traffic on Traffic Way either. Two times in the last five years I have been rerouted on my way to work because of an accident entirely blocking a road that evidently is too antiquated for its current flow of traffic. Children are not allowed to walk or rids their bikes to school on Traffic Way,due to the traffic conditions during the school year. Response: Since the subject area is outside of the redevelopment project area,the agency has no authority to construct public improvements that principally benefit it. Traffic mitigation and other mitigations for specific projects arc to be evaluated in conformance with the General Plan. Response to Written Comments July, 1999 Atascadero Redev opment Plan 2-29 JUL-02-99 FRI 16: 14 p, 37 Comment 20-3 'Thirty six homes are currently being completed that will all feed into this over stressed area of the city,off of one small street,Ferro Cavil • Road. Also,I understand the Lakes project of 122 homes, all of which will also feed into this area, off of the same small street, has been approved by the city. And most recently 29 HOMES on ONLY FOUR acres of property, where most homes are required to have TWO ACRES per home,has been approved,despite outcries of public opposition. Response: The redevelopment plan is not a substitute for the community's general plan,its zoning ordinance or other development regulations which control development in Atascadero. Section 220 of the redevelopment plan states that: All uses proposed in this Plan, or any amendments to this Plan, or any other plans that may be adopted by the Agency,shall be in conformance with the General Plan of the City. In its present form,the Plan is fully consistent with all applicable elements and provisions of the General Plan. As the General Plan is amended from time to time,the Redevelopment Plan map shall automatically be so amended. All requirements of the City Zoning Ordinance shall apply to all uses proposed hereunder. The Agency, after consultation with the Planning Commission, may,by resolution,adopt specific plans for all or any portion of the Project Area which establish architectural controls, heights of buildings, land coverage, setback requirements, traffic circulation, traffic access, sign criteria and other development and design controls consistent with this Plan and necessary for proper development of both Private and public areas within the Project Area. These controls may not reduce or eliminate requirements of the appropriate zone classification of the City Zoning Ordinance. All such specific plan or design regulations shall be administered according to applicable city regulations to eliminate multiple levels of design review Comment 20-4 The very sad fact, is that the area that is being inundated with new traffic,with no improvements to its traffic flow will not benefit from Respun,ye to Written Comments July, 1999 Ataseadero.Redevelopment Plan 2-30 JUL-02-99 FR I 1615 P. 38 the Redevelopment Platt. Oh yes it will contribute a great deal of money into the plan. It is included in the area from which the money will come! But it is not included in the area to which the money will go. It is an area that the current misrepresentation will continue to pillage in order to fill the pockets of their friends. Response: The subject area is not in the project area and will not contribute any tax increments. See comment 20-1. Comment 211-5 Thcrc are a select few who will benefit from the redevelopment who evidently have connections to city officials that they use to their advantage. With the current misrepresentation,combined with a commitment to the proposed redevelopment plan, our community will be at the mercy of the few beneficiaries of the plan. Response: Contrary to the comment,no specific development projects have been selected prior to the preparation of the redevelopment plan. No information has been witheld, nor misrepresentations made about what the redevelopment plan may or may not do. Comment 2 -6 We will be looking forward to more "Lakes project",more projects that allow fifteen home next to us where only one would have gone before, just so that more taxes can be sucked out of our neighborhood, with absolutely none of the much needed improvements to our immediate area. Recent history has demonstrated it. Response: See Response 20-3. MARJORI R.MACKEY Comment 21-1 I will be unable to attend your meeting on June 29 as I will be in Montana, I have many concerns about Redevelopment and I am in the project area. That is one of my main concerns because I have a vacant lot which I would like to keep that way. Sunk of my other concerns are the length of time...I have heard 40-45 years. Many people do no want their children or grandchildren burdened with debt of our making and this will reach to my great-great-great- grandchildren. I have two great grandchildren now. Response: One of the results of the agency's activities would be to encourage infill development within the redevelopment project area to eliminate the necessity to provide commercial, industrial or residential uses outside of existing developed areas. The General Plan promotes this Response to Writte Comments July, 1999 Atascadero Redeve opment Plan 2-31 JUL-02-99 FR I 16-:15 P, 39 goal as well. Tlic agency is not empowered to raise taxes. The State Constitution limits property tax increases to the following: 1) increases made by the County Assessor for normal growth ("2 percent'growth);2)increases or decreases upon the sale of property; 3) improvement to real property; and 4) tax rate increases that are authorized by the voters. State redevelopment law authorizes the Agency to be apportioned a share of the property taxes that are paid in the project area,but does not authorize an agency to levy its own taxes. The authority to issue revenue bonds is authorized by state statute for all public agencies in the state. Any bonds that would be secured by supplemental assessments on property or increases in the rate of taxation arc required to be approved by those so assessed. Since the redevelopment source of revenue will not involve supplemental assessments or increases in the rate of taxation no voter approval is required by state statute. Further,any indebtness is not an indebtness of any individual property owner,taxpayer,or the City of Atascadero and subsequent residents will not be burdened with additional debt. Comment 21-2 I have mixed feelings about the whole idea. When we created the agency in 1986 1 wanted to investigate the possibilities to see what could be done, looking at the pros and cons but another Council member was so opposed to the idea that we did not even look into it. I am very much in favor of the Main Street Program and I understand that Redevelopment could help in financing it. Response: See Response 14-1. Comment 21-3 1 guess my main hesitation is the people in charge. I believe the present Council has too much vested interest in growth and not the long range plan for the City that I envision and the General Plans as it was at the time I was there. I hope each of you are thinking of the best future for the town and are not seeing it as a copy of Paso Robles with a sea of roofs. I love coming home to Atascadero with so many trees that you hardly see all the houses hidden in the trees. Thank you for your consideration. Response: See Responses 20-3 and 6-3. DONALD J. FUNK Comment 22-1 As a property owner in the redevelopment area,it is very heartening that the City is considering a redevelopment plan for the downtown area. I'm very,familiar with community redevelopment law. I helped prepare the redevelopment plan for Palin Springs and am aware of the Response ro Written Comments July, 1999 Atascadero Redevelopment Plan 2-32 JUL-02-99 FRI 16. 15 P, 40 benefits that can be =hieved through a wcIl conceived plan. The community can benefit from the improvements. It can lead to long- term beautification of commercial and residential areas,support new pedestrian and bicycle ways and,hopefully result in a trail system and other enhancement along Atascadero Creek. Response: Comment noted. Response to Written Cornrnents July, 1999 Atascadero Redev lopment Plan 2-33 06/29/1999 17:39 4664542 VIDEO PALACE:AQA ,PAGE 01 VIDEO PALAO Jerry Taft 7101 El Camino Re:rt Atascadero, Califon,-rt 9:422 805-466-9590 Jane 29, 1999 Mr. Mayor, Citi, (-'euncil and Redev.Agency Atascadero,C.'al i 1' :)U-22 1,Jerry Taft, owner.r'' the Video Palace located in the Vons Shopping Center,feel that the Von's Center Ruder nu circumstances, should be included in the redevelopment plan as this center k no,i ,part of the downtown area I feel that any finds from the redevelopment agency should only be used for the old part of downtown wber: is obviously needed. If Von's wishes to r-�model their part of the center,let them but not expect the City to donate any funds ow i%t'the redevelopment atonies to help them. Sincerely, VIDEO) PAl.ACF k-1 J aft,c47owri i JRT/gt �'� �1n.�2 G� ��Uva••2.t /�"�is Ct'-t�lC't0 e ►�� �' �('tc�eu P")e,,2 '� �E'�y'Y1S `tC, t'Yl�,• `�'1C�' �.t)�v'1 C� l ��S '1-�''K,:n coy\cP cQIOUSWo,f ito f'cz,se rne:v - •,�e��� C--S �y ��•���r�� + ✓� 4�e_�;:�; 'QCs-�S O v� �s:c1 encra.t rb r s s�L �c�ntlS w���•:;�1t- ��� G.P►����va-� d�S3-c�r�e..s� _ YYt�P- , avAck S\-r;0Q, A.o-E- O l\ow C'_j , C',.u\d. ;i VvS Luc;-ked '-� Wi j ar)d Gly 4:6✓�. �S Cc��;�' r-.�� i✓u��v3 i�tde.� oP� �� c�apr' w��-�,,�, _ . 6/24/99 To: The members of the Atascadero City Council • Dear Sirs, It has come to my attention that the city council is about to take a vote on whether to support a redevelopment plan. The plan that is being considered is too vague and will create many problems in Atascadero's growth in the years to come. It does not emphasize improving the central area of downtown where much improvement needs to be done. The conditions of the buildings downtown are shameful and have been that way for years. This redevelopment plan also will encourage,speculators to build all up and down EI Camino and Highway 41 both on the east and west side of the Salinas River once the new bridge is built. My wife and I have been residents of Atascadero since 1968. During all this time, I cannot say that I have seen much good planning by our city. If this "redevelopment plan" becomes a reality only more problems will come to Atascadero. Development may mean some small gains in a tax base for our town, but all of the money gained by the city will be lost because more services will be needed. Thank you for considering my opinion. Sincerely Carolyn Mitchell Paul Mitchell 4660 San Ardo Atascadero, CA • John W. McNeil 8765 Sierra Vista Atascadero, CA 93422 June 25, 1999 Honorable Mayor and City Council Members City Hall Atascadero, CA 9 422 Gentlemen: What Redevelopme t in Atascadero will do for you and to you. Redevelopment sounds good. The downtown business district could use redevelopment money to make it more inviting to business cus- tomers, vehicle and pedestrian traffic . But, the so-called "blighted" area-:qualifyirig for funds extends far beyond the downtown district in the proposed redevelopment plan. One wonders if any of .the money will be allocate for the downtown revitali$ation by this G'ity Council acting as the Redevelopment Ad*-irs� Agency. Where will the money come from? Real property tax increment increases for 45 years will be diverted from schools, libraries , fire and police to redevelopment And the proposed bond for additional funds will not be voted upon by the citizens . Nothing this Cit '- Council has done justifies giving it this power to spend our money; or the power to take property by eminent domain for the private gain of a few in the name of redevelopment . This City CounciL has never turned down a lot split , or a development , in contravention of the General Plan, and now even proposes rewriting the General Plan. Citizens of Atas adero awake !` Stop the immoral abuse of power sure to follow adopti n of this Redevelopment Plan. Sincerely, J n W. McNeil Honorable Citizen • �t O T� ' (7C fi CL u c`40 -L C'Dcz � �bwTOS E F� �= _ 6 Fo 1--A '©zu GCl %J(� 7f • 6-23-99 Dear Atascadero City Council , I am writing to voice my opposition to the. Re,2evelopment plan that is under consideration. Mainly, Idon ' t like to give the responsibility of spending $100 Million, without voter approval , to this city council and every other city council in the next 45 years ! I have lived in town for the last 24 years and have seen nothing but complete incos2tence in the finance department since the city was formed. How can_I possibly think that this will change now? This council shoulOn ' t be pressured into adopting a plan before the fiscal year a plan that has no specifics and could be used totally to benefit the developers ani' realtors and take money from all the other areas we need like fire protection and paving road, outside the redevelopment area. This city council has 2 members who have such Direct financial interes that they can ' t even vote on the plan due to conflict of interest . How many other real ors and. :evelopers will be on other councils in the next 45 years that will directly gain from their votes? I like the idea of the MainStreet program, seperate from re�'evelopment but it should bE only used downtown. Sincerely, Marilyn Hoerl .5300 Fresno ST. Atascadero • June: 29, 1999 Atascadero City Council/Redevelopment Agency 6500 P--Ima Ave Atascadero%, Cg. 93422 Gentlemen: I believe that people� who, ffavor redevelopment do so flbr one off two reasons. One : they have _-no idea of the power it gives three, sometimes two, people-who-wear two hats--Gouncilmembers and Redevelopment Agency board members. It is an incestuous relation- ship. The other reason: they understand what it is about and expect to get in on the gravy train. Here is an example of one body, the Council, pretending to be a separate body, the Redevelopment Agency. This is a quote from the final draft being considered tonight. "The city may supply advances and expend money as necessary to assist the Agency in carrying out this project. Such assistance shall be on terms established by an agreement between the city and the Agency. " Council : Shall we agree to give money to the Agency as necessary? Three vote are all we need. AYE, AYE, AYE. Agency : Shall we agree to let them advance and expend money when we say it ' s necessary? What a question! YES, YES, YES! Hey, councilmen, we need money now for the project. Council:. Sure. OK! We 'll raid the General Fund or Wastewaterfund. We already gave you $106,000 from Wastewater. Agency : Great ! We need more. What a wonderful agreement we two bodies made ! What a farce ! How utterly ridiculous. A- grave omission in the final draft appears to be a definition of the word "blight" . The term is used throughout the final draft and there is a section of "Definitions" , but the word blight is not included. It was defined in the Preliminary Draft , but as . far as I can determine it was left out of this one. Was it accidental or intentional? With no definition, "blight" can mean anything three people want it to mean. Instead of adopting a plan that will put us in debt for one hundred million dollars for forty-five years and will require fifty-four million to service that debt , instead of adopting a plan that will give three people almost unlimited power--far more than the council now has--let 'b go for a sane and reasonable plan without redevelopment , the Mainstreet, USA program. Sarah Rah, a consultant for Mainstreet, USA, informed us at the last council meeting that it would cost from 30 to 80 thousand dollars to start up such a renewal program. And it would ensure that the money and effort will go to our Downtown which redevelopment does not . • pg. 2 McNeil Where will we get the money to start up the Mainstreet program? That ' s easy: 1.Restore the $1 6,000 that redevelopment proponents have already pulled from the Wastewater fund. Oh!' That ' s not possible? It ' s 'already been spent on consultants Quad/Knopf, hiring a new attorney for redevelopment and marketing redevelopment to .the citizenry:' 2. Well, no problem. Wade McKinney has a $100,000 contingency fund. He- wast d $50,000 of his previous contingency fund on surreptitiously bringing Greg Greeson on board. Now he wants to hire (another?) Assistant City Manager. Let ' s clip his wings and stat up Mainstreet. 3. There is yet another source of money. The council and staff want to spend '$150.,000 to rewrite the entire General Plan; Heaven help u ! Let ' s demand rejection of that idea. That - money would fund Mainstreet for two years. It is a three year program, not 45, thank God. Pay no attention to Jerry Clay when he whines that we couldn't fund a Mainstreet' program without redevelopment as does San Luis Obispo because our Farmers ' Market doesn't bring in the money theirs'doeq"which they use for Mainstreet . Not to worry, Jerry, look at the sources of money just mentioned, if you can bear to do so. Remember, SLO was smart enough to reject redevelopment so they don't have to raid their General Fund the way Paso Robles does every year. There is one thing the voters of this state have said loudly and clearly. They want a voice , they want a vote on the expenditure of .large sums of 'money which create a debt. If we are to incur a debt of $100,000, 000 for the city of Atascadero, the voters of this town should 'decide. I strongly urge the council to follow the advice of former First Lady Nancy Reagan, "Just say no. " Say "no" to the heavy debt of redevelopment . However, I must express my concern even about the Mainstreet program. There i ' always the possibility of in-house deals among the good ole boys. But with Mainstreet there will not be the huge- possibilities for abuse that exist with redevelopment. Say "NO'" to redelreloppent . Say"YES" to Mainstreet, USA. Dorothy F. McNeil 8765 Sierra Vista Rd. Atascadero, CA 93422 i Daphne Fahsing, 5105 Llano Rd . City Council/Redevelopment Agency Meeting Tuesday, June 29,-1999 I hope you will not rush into this vote for Redevelopment. Either, take it to the people for a vote, or institute the Main Street Program which would cost far less, and would do more in a shorter period of time. Three votes is not a fair way to lock residents into a $100m debt for 45 years . Another reason to withhold your vote at this time, would be for the appointment (or election) of a separate, independent Redevelopment Agency. It is not possible for you to wear these two hats and pretend that you are thinking and voting independently. One person said it very clearly at a meeting a couple of weeks ago, and I heard it again on the radio yesterday, "We simply do not trust you. " I 'm sorry to say that, but this is the way a lot of us feel . Unfortunately, you have proven this, first by the treatment of councilman Luna in passing over his term as mayor; the treatment of Planning Commissioner Jennifer . Hageman and insistence that these members be "yes men" to to your wishes; and by catering to favored developers . You could begin to regain our trust by stepping down as the . Redevelopment Agency. Work on the Main Street Program for the next five years; rehabilitate downtown, and fix our roads - throughout . Atascadero, not just in the redevelopment area. VIA . June 29, 1999 HONORABLE. COUNCIL MEMBERS ATASCADE O CITY COUNCIL RE: OPPOSITION TO THE REDEVELOPMENT PLAN I am convinced that adoption of the Atascadero City Redevelopment Plan is a grave error. My concern centers on the accumulated debt that is a cornerstone of the Redevelopment Plan. Spending auth rity that is Project specific debt,is appropriate. However, the public must not sign a blank VISA or Mastercard check that authorizes current members of the City Council, and those elected over the coming &wWy- fefty year life of the Plan, to assign projects and generate undue debt. A Redevelopment agency is a valuable tool when a broad area of dramatic needs are pres nt with limited resources. I urge that you adopt resources that engage a more narrow focus and liability. Sincerely, BARRIE HAFLVE 5455 BOLSA ATASCADE O, CA 93422 Connections and Places to Linger June 29, 1999 To the Counci 1, Part of my concerns about the redevelopment plan are as follows: ItemI-Pedestrian circulation in the project. How many of you walked the length of El Camino, and to the lake? What I notice was how much of a drive-in-and-out design has been created in the town. When walking, there are few places to sit or linger and talk and be shaded by a tree. Adobe Plaza has a beautiful arbor to sit under, which unfortunately, is the exception. You discourage pedstrian traffic when there are no islands of beauty to linger in, no benches to rest on, and few trees to be shaded by. We go to the Lake, we go to Heilman Park, to the sunken gardens and hopefully to Stadium Park, but we do not connect these areas for pedestrians. Will we with redevelopment? I would like to point out missed opportunities that cast doubt. We had in the middle of town a 9 hole golf course. We could have had a show case of stores, plus places of beauty to linger, open space. For example Paso Robles, with its park, movie theater, and its old fashioned drugstore with soda fountain. Its fun going there because after a movie you linger with the kids at the park, then go to the soda fountain. We had an opportunity to develop along the creek like San Luis, but the • bowling alley was placed right against the full length of the creek. HWY 41, from Morro Bay to El Camino, was to not to be developed like El Camino. It was to be more low key, with office buildings. We would not have two "strips". What happened to that goal? We have an opportunity to have two "centers", the library and the lake, connecting them, making the walk to each much more pleasant, but will we do it? We have beauty all around us, lots of trees and greenery, all sorts of nooks and crannies, but we do not seem to incorporate them in the town. it is hit and miss. Burger King made the effort to have greenery, but at the Food For Less Center, the area in front of the stores is very austere. How is it that they made such an effort in S.L.O. to build a much more attractive building, but not here? Speaking of effort the Santa Barbara Bank won recognition from the Homeowners Assocation for the beautiful job of landscaping its business. When the business was sold all of the landscaping was torn out. The present owners have done nothing to restore some of the beauty.that contributed to the town itself. Will there be some encouragement under redevelopment to consider what adds beauty to the town? Beautiful towns, towns that attract tourists, towns that make life • enjoyable for the residents, create beauty within the town. They are places which you just dont go in-and-out of, they are places where you can C'-Kc , LOZ-kt -Ia linger outdoors. - .:-To-tfie'Eeun n e GrcXs j cw i �Cc, ra> �OcSi Recently I rode by train from San Diego to S.L.O. I noticed that several communities were trying not to have housing along the track but instead linear parks, with picnic benches, walking and bike trails. I thought, what a great way to use the.land next to the railroad tracks. I find it troubling that we would place low income housing right smack next to the tracks. By the way, Self Aelp Housing considers $140,000 houses moderate, not low, income. The people that can least afford.child care, and at varous times may have to It'ave their children alone, will have their kids next to the tracks. If this passes we are going back in time to when we gave the poor the crumbs, or in this case we sell them the worst land, then tell them we are doing them a favor . • - June 29, 1999 Atascadero City Council Atascadero, CA -93422 RE: Community Redevelopment Agency Project Area Gentlemen: I urge you to defeat the proposed Project Area plan for the CRA. It is a plan that has some conceptual merit, but serious design flaws. I am concerned with the focus on capturing tax dollars which essentially require development. Everyone knows now that locally owned businesses benefit the local —- economy by keeping more of their revenue in town than large chain stores do. But if the CRA is seeking only the tax dollar generated first by redevelopment and second by sales out of the redeveloped areas,then local revenue, in total, takes a back seat. Everyone favors a pedestrian friendly downtown. But not by any means. What is the value of improving the character of a small part of the City while losing local character in a greater portion of the city? Perhaps this is not the intention of the proponents of redevelopment,but there is too little structure and accountability in the proposal to assure that an overall loss of local character, control and economic benefit will be avoided. CRA represents too large an abdication of the planning process by the citizens of Atascadero. Keep working and come up with something better. Sin ely, Craim*g 6620 Atascadero Ave. Atascadero, CA 93422 466-4547 • Atascadero City Council June 29, 1999 i 6500 Palma Ave Atascadero, CA 93422 Councilmembers: I am opposed to the creation of a Community Redevelopment Agency, as proposed, for a number of reasons which I will outline below. 1) If a CRA were tc exist in our community I believe its membership should be a mix of both city officials a d community members rather than just the city council. I believe this would provide a more widely accepted process of checks and balances. It is the entire community that has a stake in this, not just the business community. .., 2) The establishment of a CRA potentially reduces the amount of increase in tax dollars available to other agencies. I believe that if property values increase (for any reason) the available dollars should go back to those agencies which now exist rather than being funnelled through yet another government agency which will further dilute the value of those ollars. 3) The meeting time as proposed allows for little meaniful discussion. As we all know city council meetings regularly end after 10:00 PM. Asking the community to then address the issues of a redevelopment agency will only create a very distrustful public wondering what really went on during those late night sessions. It will be perceived as rubber stamping the decisions made by only a few. 4) The scope of the CRA boundaries are too great. Some areas that are included, are not, by practical d fintion, blighted. This may cause undue hardship for some property owners trying to sell their property when their property is identified as "blighted". 5) The power of a inant domain is too great. Private business should be allowed to flourish or fail without government intervention. Many businesses, which have been successful by most standards will be forced to refinance improvements or move their operations simply because a small group, the CRA, decides that they have a better idea for a property I truly hope hat you will postpone your decision to form a CRA until more communitv input is solicited (maybe the results of the community survey will help) and it truly becomes ar agency supported by the community as a whole. ncerely, Dan Ulrich 6680 Santa Ynez Avenue Atascadero, CA 93422 June 29, /999 City CLenh - Nease head into necond. Thank you. i / am aga Ldt the Redevetopnent Agency ptons beca.,be they aice not 6peci4c. /t avu.Ld be ZiAe hiA ng a contrcacton to ✓cemode- your house u:i thout knowing a4at he .intends to do ox how much it w u td coat. Imagine A thea i4 the cont wcton 6ai d he wanted hi b money up �Aont and would tet you his plana taterc, an not agairnbt nedeveLopment. /n Ap.,cu / viAued mL4 hometom o4 ceevaand, Ohjo and uas amazed to .bee what a good job thea had done .in doaztoan Ctevetand along the .Lake 4nont. Th- dt.,4 env_ce iz that the peo pte voted on each pnoiect, Thea knew what they acae getting and w--,,Le witting to pay �6,% it. I Aee,L we ahotttd {znow what Wu ptan to do "' h ouA ta�.pverc money be4wce we ane wi.tL.ing to .invest ,in a project. / .bti.0 Aememberc the Cwdton #otet Aa,6co and_how the contrcacton 61.6conded miA owx money be/oAe the pubti.c hnew, what uas going. on. Come back when you have a zpecLAc project and can teU ub how and what you p.Larz to do with a. fon now, l uncye you to vote no, no, no on any nedeveComent. Vtndtnia Power✓ 7505 Cwune Ua Ave. Good evening, Mayor Johnson and Council members: Since there are sD many waiting to address you, I will be very brief. I would much prefer to attack the problem of the downtown area by instituting a Main Street Program rather than pursuing the formation of a Redevelopment Agency. The advantages are many. First, it would dal with the major problem we have in this community without involving us in a 20 year pan that would involve floating very expensive bonds we would need 45 years to pay off. Second, it would be much less costly and could be funded by not hiring an Assistant City Manager,by red acing the City Manager's contingency fund and by utilizing the extra fees that members of the BIA are charged. BIA boundaries are contiguous with the Downtown Area. Third, our neighboring city, San Luis Obispo, did a marvelous job of improving its d wntown using just the Main Street Program. In fact, San Luis Obispo's Council rejected the formation of a Redevelopment Agency. Gentlemen, I urge you to consider a Main Street Program rather than forming a Redevelopment Agency. -- Geraldine Brasher 3202 Monter y Rd. June 29, 19 )9 • June 29, 1999 City Council Members 6500 Palma Ave. Atascadero,CA. 93422 Dear Council Members, This letter is to address the issue of the so-called Redevelopment Plan currently pro- posed by this council. I have lived in this city for 23 years and have seen many changes, I believe for the worse. These changes have become greater during the last six years. Twenty years ago this month I voted to incorporate Atascadero into a city,and I also had a son. I am grateful for my son,but I'm having second thoughts about incorporation. If it weren't for we who voted to incorporate,you all wouldn't be sitting where you are now. I very disappointed in the deviation from the General Plan so well thought out with great foresight by E. G. Lewis. Much to my dismay i have witnessed this council consistently amend the General Plan to accommodate the pro-growth powers that be in Atascadero. We all know who they are. • I believe the Redevelopment Plan will only continue to further undermine what E. G. Lewis intended for our beautiful city. We have lost some very hard working, faithful employees who I had personal contact with on many occasions. This mass exodus of city personnel and the obvious mass building is directly related to the extremism of the current council and city administrators. I want our residential neighborhoods protected,the rural qualities of Atascadero preserved,and our government officials to do their jobs by respccting our General Plan and its' principles. Sincerely, Carol DeHart 4305 Lobos Ave. Atascadero,CA. 93422 P.O. Box 411 Atascadero Ca . 93423 June 29, L999 City Council City of A' ascadero 6500 Palm Atascader , Ca. 93423 Gentlemen I am filing my objection to the adoption of the redevelopment plan, as presented, for the following reasons. As an affected property owner I have the right to be informed of detailed plans for the downtown area and how it will impact my property. All I have heard so far are allusions to unspecified projects. .in the future. To create such a monstrous project, with lots of borrowed money, one hundred million dollars and projected costs of fifty-four million to service the debt seems ludicrous. And, what concerns me most is that property owners cannot vote for or against this plan. The decision is left to three council members . The Main Street Program sounds like a better alternative to revitalize the downtown area and at a much lower cost. I like the following concerns of mine to be addressed before the' adoption of the redevelopment plan is considered. 1. A detailed plan, of what exactly is being considered within five years for the downtown area. 2. What exactly is planned for the area of my property, ' arcel number 029, 341,009. 3. And, if improvements are dictated for my property, will it then be re-assessed ? Who pays for any costs and inconvenience ? Who pays the higher taxes ? If passed along to tenants it will either eliminate their business or force them to move. My rents, at this time are kept relatively low to help them stay in business. 4. If you decided to rezone areas, will you then have the right to force people to move because of non-conforming • uses ? 5. Can eminent domain be .used to benefit special interests, or is it restricted to public improvements only, such as parks and roads ? 6. Please explain why the Main Street program in conjunction with private enterprise could not accomplish the revitalization of downtown, as it has in many cities, without a very expensive redevelopment plan. The California Health and Safety Code, section 33363, states. among other things the following: The legislative body shall, at the hour set in the notice, hear all written and oral objections, and shall, before adopting the redevelopment plan, evaluate all evidence and testimony-- for and against the adoption of the plan and shall make written findings in response to each written objection of an affected property owner or taxing entity. I am entitled to a written answer to my objection by the City Council. RI&R enNWsc' • 06/2911999 07:54 8054614017 POLY VECTOR COMPANY PAGE 02 Y Michael R.Kohle 5345 Merced,Avenue Atascadero,CA 93422 - Tel:462-1844 Tune 29, 1999 Atascadero Redevelopment 'agency Atascadero City Council 6500 palma Ave. Atascadero,Ca 93422 Honorable City Council Members. Regarding the proposed Atascadero,Redevelopment PInn .:ould b..-e to ?dress r:,,c --nments to two areas,as it affects my Tesi'dcmial property included in the ptan :rea d se ..idly the A,ascadero Redevelopment Plan in g'neril tegarding my_residenti l .1pperty located at 5345 Mercedes,Avenue,1 would like to offica]ly request thatpy,property and all df..rh,_ residential property on the easter edge,ofMercedes Avenue,soon to be. r-. Highway 41, be removed from the project area. 1 do not consider this a blighted area and see no potential for the use of R dec clopment Funds in this area. I also object strongly to the expanded powers given to the Redevelopm n1 A eency over property conformance,property use, and emeninent domain as could be applied to my or n)N neighbor's property. Generally I support the judicious use of Redevelopment funds to improve the downtown area, however there are specific areas Q thy nroposed plan that in my opinion should be addressed. 1. In general, the ttsW of Redevelopment Agency funds is art inefficient use of tax monies,so they should he e sed judiciously. Much of the funds will used to service debt incurred by the Agency. Those funds used to pay debt service would have otherwised been used to benefit the taxpayer. tathor than the lending institutions. "ince t'a fiends are being redirected to other than their cur ' MN, designated usage the taxpayer 'to�Ad a, Tc. t' ua ofthese fmids and the use of deb i o r;nance the Redevelopment Plan. There is a ten enc r for the expenditures to be front end loaded,with the bulk of the funds being commit ed in the early years of the program.This results in missed opportunities later in the progra Fhc,�rc is noway to anticipate or to micromanage the planning of the downtown delic lopment to insure the funds will be used in the appropriate areas. Fund expenditures,11OU'd be time-phased to insure they are used most effectively and will be available\Nbe rie�aded the most. In addition. it i s ec+m mon practice for expenses that would normally be incurred out of the City's General Vund to be shifted to the RDA, (City Staff salaries and expenses are a prime example). As a result of- issues I believe three revisions should be made to the plan. a Any&-bt I ncil-cd in the forms of loans or bonded indebtedness entered into by the RDA should be r►pl rm-e;d by referendum with a;majoiity of the votes,consenting to entering into this d,hi y 06/29/1999 07:54 6054614017 POLY VECTOR COMPANY PAGE 03 J 2 b. The fund expenditures should be budgeted over the life of the project and not front-end loaded. Or there should be a minimum reserve level established for future fiord use. c. There shou Id be safeguards for the use of RDA funds for non-RDA uses. l would suggest that any Ri)A budget item that shares resources with the City be approved by 4 votes of the City C.Ouncil. 2. ,although it is specifically stated that eminent domain will not be used on residential properties being used for residential uses,there is the potential for working around this issue through modifications of the General Plan and subsequent determination of non-conformance with the Agency plan. Some protections need to be afforded to residential property to assure that zoning changes are not made and then properties that were originally in conformance with the original designated usage are then found to be non-conforming. Two other changes should be made to the eminent dote.:in p -)vision Le'the plan, _ The uv',e,,.Of emminent domain by the Agency should require a unanimous vote.., b. Affected r►Tr+perty owners should be given a minimum of 60 days prior notice of'any public he-wring regarding the use of emminent domain. 10 days is not sufficient notice. 3. Section 4?0 Rllowq !t5e of futtds.out of the project urea. The requirement that all funds should be used inside the project area will prevent the indiscrete use of the funds and will insure that the maximum benefits are dervied by the project area. 4, Regarding'Section 430 of the proposed plan,the requirement that the percentages be applied • to the aggregate t n the project area,and not to each individual eases of rehabilitation, development, etc . may not result in the usage as required. Some provision needs to be included to insure.that the correct income level proportions of housing be achieved.In the case of rental properties,there needs to be requirements that the property be used for the appropriate income level for an agreed on period of time, ie 20 to 30 years. 5. Any funds transferred or loaned to the Redevelopment Agency by rile City should be approved by a vote of at least 4 City Council Members. These suggestions are suhmitted for your consideration. Respectfully yours, Michael R. Kohle FROM DON'GIESSINGER PHONE NO. 805 4665090 Jun. 28 1999 09:52API P1 Rayjohnson 6500 Palma Ae Atascadero, C To Whom It MY Concern; e n; We beleiv that redevelopment is a vital and important part of this community. It s something that we have worked toward and will continue to hope for as long as we live in San Luis Obispo County. Have lived here for 25 years arid plan to retire here in ten years or more. Mrs. & Mrs Giessinger .. _ 9070 La Paz Lane Atascadero, Ca June 28, 1999 3:45 PM From: M&C Byrne Family Fax#: 805.466.0678 Page 2 of 2 A Homeless Housing Project 3228 Amber Drive Paso Robles, CA. 93446 (805)434-2466 June 28;1999 6500 Palma Ave. Atascadero, CA. 93422 Dear Councilman Luna, The Homeless Housing Project wishes to lend support to the Community Redevelopment Project to be voted on at this next City Council Meeting. The prospects of bringing Atassadero up to commercial speed are exciting and this is opportunity may not occur again. Community. Redevelopment should articulate the principal needs of the citizenry including- affordable housing.The current plan seems deficient in this area. EOC has a current waiting list of 30 families in the city of Atascadero who have Section 8 vouchers and can find no place to live. We estimate that close to one thousand individuals in Atascadero are currently homeless. The majority of these are women and children. The Community Redevelopment must include a comprehensive housing program that provides an.emergency shelter, transitional housing in the form of multiple dwelling rentals and affordable housing with rental and homebuyer assistance..The first step in this process and requires the establishment of emergency shelter service. Our organization requests that The Community Redevelopment Agency purchase and renovate the Yokum property at 4700 El Camino Real to provide a combination shelter and day center. Agencies represented in the North County Housing Coalition sponsored by Supervisor Ryan could administer the shelter service and provide case management helping clients move to the next level of independence. Sincerely, Mike Byrne Homeless Housing Project,Shelter Committee Representative RECEIVED EJUNJune 26, 1999 8 19 i V.W Atascadero CityCouncil: ATASCADERO CITY MANAGEf I was born in Atas adero. Unlike many who moved here from the BIG CITY, and want to shut the gates behind them to kee .others from doing the same I.welcome anyone 9 p 9 , Y t who would like to e a decent art of Atascadero. p However I am appalled at the city officials recent mismanagement and flagrant disregard for the concerns of its residents. As a resident, owner of industrial property, owner of a business, and an employee all within the designated "Redevelopment " area, I would like to express my opposition to the proposed planas I have seen it published in the Atascadero News. My concern over tie proposed plan, is the apparent intent of a small group of people to pillage a large community to benefit themselves. Originally I believed that the idea of redevelopment would be good for the area; however I see from the plans that an area that has been sorely neglected by the city of Atascadero is not going to benefit, but rather once again,will be taken advantage of by the proposed plan and the city officials implementing it. Eight years ag.o Atascadero allowed San Benito Road Elementary School to be built to accommodate ov r 700 students with absolutely no provisions to accommodate the increase in traffic, despite numerous requests from parents. Instead the city has repeatedly tossed gravel alongside the street above the school on San Benito Road, forcing bike riders into the middle of the street with traffic. I have seen at least one hild hit on his bike due to the thoughtfulness of the city. Of course the bike rider was found at fault for not riding downhill in the slippery gravel that the city provided. Nothing has been done to improve the flow of traffic on Traffic Way either. Two times in the last five ye s I have been rerouted on my way to work because of an accident entirely blocking a road that evidently is too antiquated for its current flow of traffic. _Children are not allowed to walk or ride their bikes to school on Traffic Way, due to the traffic conditions during the school year. Thirty six homes care currently being completed that will all feed into this over stressed area of the city, o of one small street, Ferro Carril Road. Also, I understanc the Lakes project of 122 homes, all of which will also feed into this area, off of the same small street, has been approved by the city. And most recently 29 HOMES on ONLY FOUR acres of property, where most homes • are required to have TWO ACRES per home, has been approved, despite outcries of public opposition. The very sad fact, is that the area that is being inundated with new traffic, with no improvements to its traffic flow will not benefit from the Redevelopment Plan. Oh yes it will contribute a great deal of money into the plan. It is included in the area from which the money will come! But it is not included in the area to which the money will go. It is an area that the current misrepresentation will continue to pillage in order to fill . the pockets of their friends. There are a select few who will benefit from the redevelopment who evidently have connections to city officials that they use to their advantage. With the current misrepresentation, combined with a commitment to the proposed redevelopment plan, our community will be at the mercy of the few beneficiaries of the plan. We will be looking forward to more "Lakes projects", more projects that allow fifteen homes next to us where only one would have gone before, just so that more taxes can be sucked out of our neighborhood, with absolutely none of the much needed improvements to our immediate area. Recent history has demonstrated it. I find that our current council and planning commission are not representative of the public, but rather have their ears closed to them and their own agenda, it is therefore a dangerous time to implement the redevelopment plan! Sincerely, Becky Pacas • RECEIVED June 25, 1999 JUN 2 8 »99 City Council- Redevelopment Agency ATASCADERO CITY ti NAGER Dear Sirs: I will be unable to attend your meeting on June 29 as I will be in Montana. I have many concerns about Redevelopment and I am in the project area. That is one of my main concerns because I have a vacant lot which I wou d like to keep that way. Some of my other concerns are the length o time ...I have heard 40-45 years. Many people do not want their children or grandchildren burdened with debt of our making and this will reach to my great-great-great grandchildren. I have two great grandchildren now. I have mixed feelings about the whole idea. When we created the agency in 1986 I wanted to investigate the possibilities to see what could be donee looking at the pros and cons but another Council mem- ber was so opposed to the idea that we did not even look into it. I am very much in favor of the Main Street Program and I understand that Redevelopment could help in financing it. I guess my main hesitation is the people in charge. I believe the present Council has too much vested interest in growth and not the long range plan for the City that I envision and the General Plan as it was at the time I was there. I hope each of you are thinking of the best future for the town and are not seeing it as a copy of Paso Robles with a sea of roofs. I love coming home to Atascadero with so many trees that you hardly see all the houses hid en in the trees. Thank you for your consideration. Marjorie . Mackey 5504-A unita Av. Atascadero, CA 93422 466-1811 • RECEIVED Tunk River ConsuCtants ~P 2 9 1999 planning • enuironmental studies • mediation i Tr,SCADERO CITY MANAGER June 25, 1999 Mayor and City Council City of Atascadero Redevelopment Agency 6500 Palma Avenue Atascadero,CA 93422 RE: Proposed Redevelopment Plan To the honorable Mayor and City Council, As a property owner in the redevelopment area,it is very heartening that the City is considering a redevelopment plan for the downtown area. I'm very familiar with community redevelopment law. I helped prepare the redevelopment plan for Palm Springs and am aware of the benefits that can be achieved through a well conceived plan. The community can benefit from the improvements. It can lead to long-term beautification of commercial and residential areas, support new pedestrian and bicycle ways and,hopefully result in a trail system and other enhancement along Atascadero Creek. I support the proposal. Sincerely, Donald J. Funk P.O. Box 6291, Los Osos, CA 93412 (805) 528-0632 • FAX (805) 528-2423 • email: RIVERFUNK@aol.com _