HomeMy WebLinkAboutRDA Agenda Packet 031103CITY OF ATASCADER
COMMUNITY REDEVELOPMENT AGENCY
AGENDA
TUESDAY, MARCH 11, 2003
6:30 P.M.
ROLL CALL: Chairperson Scalise
Vice Chairperson O'Malley
Board Member Luna
Board Member Clay
Board Member Pacas
APPROVAL OF AGENDA: Roll Call
COMMUNITY FORUM:
A. CONSENT CALENDAR:
1. Community Redevelopment Agency Minutes — February 25, 2003
■ Board Secretary recommendation: Board approve the Community Redevelopment
Agency minutes of February 25, 2003. [Board Secretary]
B. MANAGEMENT REPORTS:
1. Redevelopment Plan Amendment
■ Fiscal impact: Minor fiscal impact associated with public noticing and consultant and
counsel review of the proposed amendments to the Redevelopment Plan.
■ Staff recommendation: Board consider and approve the proposed amendments tr
the Redevelopment Plan and forward a recommendation to the Planning Commisvai;,
and City Council to hold appropriate hearings and amend the Redevelopment PLio;.
[Executive Director]
C. EXECUTIVE DIRECTOR REPORT:
D. ADJOURNMENT:
CLOSED SESSION: (Immediately following Redevelopment Agency Meeting)
1. PUBLIC COMMENT - CLOSED SESSION
2. Call to Order
a. Conference with negotiator over real property. (Govt. Code §
54956.8)
Negotiator: City Manager Wade McKinney
Negotiating Party: Carlton Hotel, LLC
Property: APN#029-323-024
Negotiations will include price and/or terms of payment.
3. Adjourn
4. CLOSED SESSION REPORT
z
ITEM NUMBER: RA A-1
DATE: 03/11/2003
-�► •'
COMMUNITY REDEVELOPMENT
DRAFT MINUTES
TUESDAY, FEBRUARY 25, 2003
6:30 P.M.
Chairperson Scalise called the meeting to order at 6:33 p.m.
ROLL CALL:
Present: Board Members Luna, Clay, Pacas, O'Malley, and Chairperson
Scalise
Absent: None
Others Present: Board Secretary Marcia McClure Torgerson
Staff Present: Executive Director Wade McKinney, Deputy Executive Director
John Jansons, Assistant City Manager Brady Cherry, Community
Development Director Warren .Frace, Police Chief Dennis
Hegwood, Fire Chief Kurt Stone and City Attorney Roy Hanley.
APPROVAL OF AGENDA:
MOTION: By Board Member Clay and seconded by Vice Chairperson
O'Malley to approve the agenda.
Motion passed 5:0 by a roll -call vote.
COMMUNITY FORUM: None
RDA 02/23/03 0 0
Page 1
ITEM NUMBER: RA A-1
DATE: 03/11/2003
A. CONSENT CALENDAR:
1. Community Redevelopment Agency Minutes — February 11, 2003
■ Board Secretary recommendation: Board approve the Community Redevelopment
Agency minutes of February 11, 2003. [Board Secretary]
MOTION: By Board Member Clay and seconded by Vice Chairperson
O'Malley to approve Item #A-1.
Motion passed 5:0 by a voice vote.
B. MANAGEMENT REPORTS: None
C. EXECUTIVE DIRECTOR REPORT:
Deputy Executive Director John Jansons shared with the Board the following
information:
The US Postmaster responded regarding the downtown substation.
Staff has initiated the process to amend the Redevelopment Plan. There is a 30 -
day public noticing period required to announce the public hearing, which will be
a joint meeting of the Redevelopment Agency/City Council, tentatively scheduled
for Tuesday, April 8th.
Staff has met with Mid State and Santa Lucia Banks who are interested in
developing a business improvement/business enhancement loan program.
Progress has been made with Main Street regarding preparation of an
appearance review program designed to fulfill their desire to amend the
downtown zoning text.
Staff has completed an Economic Development brochure in cooperation with the
Chamber of Commerce that is currently at the printers and should be available
within a few weeks.
The California Redevelopment Association's annual conference will be held next
week; Mr. Jansons will be attending and facilitating a roundtable discussion on
current redevelopment issues.
Executive Director Wade McKinney updated the Board on the Brownsfield program.
Staff is following the Polanco Act with respect to the wrecking yard property and the
timeline for the program was reviewed.
RDA 02/23/03 n j,
Page 2 0 U
ITEM NUMBER: RA A-1
DATE: 03/11/2003
There was Board consensus to look at the non -conforming use clause during the
review of the RDA Implementation Plan.
D. ADJOURNMENT:
Chairperson Scalise adjourned the meeting at 6:56 p.m.
CLOSED SESSION:
1. PUBLIC COMMENT - CLOSED SESSION
2. Call to Order
a. Conference with negotiator over real property. (Govt, Code
54956.8)
Negotiator: City Manager Wade McKinney
Negotiating Party: Carlton Hotel, LLC
Property: APN#029-323-024
Negotiations will include price and/or terms of payment.
3. Adjourn
4. CLOSED SESSION REPORT
City Attorney Roy Hanley announced there was no reportable action
taken.
MEETING RECORDED AND MINUTES PREPARED BY:
Marcia McClure Torgerson, Board Secretary
RDA 02/23/03
Page ���
Community Redevelopment A,
Office of the Executive Director
ITEM NUMBER: RA B-1
DATE: 03/11/2003
cy of Atascadero
Redevelopment Plan Amendment
RECOMMENDATION:
Board consider and approve the proposed amendments to the Redevelopment Plan and forward a
recommendation to the Planning Commission and City Council to hold appropriate hearings and
amend the Redevelopment Plan.
DISCUSSION:
As a result of the Strategic Planning sessions held on January 28 and 29, 2003 the City Council
and the Redevelopment Agency of Atascadero desire to make amendments to the Redevelopment
Plan (Plan) adopted in July 1999.
The amendments discussed consist of changes to the following sections of the Redevelopment
Plan that was approved and adopted by Ordinance 362 on July 13, 1999 by the Atascadero City
Council:
Section 320.0
Property Acquisition and Management;
Section 350.4
Property Development by Agency;
Section 570.4
Loan Agreements between the City and the Agency;
Section 570.5
Issuance of Tax Revenue Bonds; and
Section 640.0
Procedure for Amending the Redevelopment Plan.
Section 700.0
Implementation Plan Approval
Analysis: The Board reached consensus at their January 28 and 29, 2003 sessions that the
current adopted Plan has limited the Agency's ability to initiate and progress with redevelopment
activities.
Amendments proposed to the Redevelopment Plan involve the number of votes required to
initiate or conduct redevelopment activities and the use of eminent domain. Currently, each of
the sections of the Plan noted above requires the unanimous approval of the Board. Furthermore,
at the Redevelopment Agency meeting of February 25, 2003, the Agency Board reached
U0 4
ITEM NUMBER: RA B-1
DATE: 03/11/2003
consensus to direct staff to include an additional amendment to Section 320.0 of the
Redevelopment Plan to limit the possible use of eminent domain to non-residential property only.
The proposed amendments are as follows:
Section 1. That the Redevelopment Plan shall be amended as follows:
Section 320.0 Property Acquisition and Management; a majority vote of the
Board to shall be required to acquire property. Eminent Domain
options are include under the Alternatives Section of this report.
Section 350.4 Property Development by Agency; a two-thirds majority vote of
the Board shall be required for Agency property development
Section 570.4 Loan Agreements between the City and the Agency; shall require a
majority vote of the Board; and,
Section 570.5 Issuance of Tax Revenue Bonds; and shall require a majority vote
of the Board; and,
Section 640.0 Procedure for Amending the Redevelopment Plan shall require a
two-thirds majority of the Board to amend the Redevelopment Plan
Section 700.0 Adoption or amendment to the Five -Year Implementation Plan
shall require a majority vote.
Section 710.4 Expand the use of Housing Set -Aside funds to include
development of new, affordable units.
Attachment 1 provides the text of the pertinent sections of the plan proposed for amendment and
respectively highlights the current and proposed language as it pertains to Board approval
requirements.
Following consideration and approval of the proposed Redevelopment Plan amendments by the
Agency Board, the proposed amendments to the Plan will be forwarded to the City Council to
conduct a joint meeting of the Redevelopment Agency and City Council and hold a public
hearing to take comment from interested parties on the proposed Plan amendments.
The proposed changes have been deemed "minor changes" by Agency legal counsel because they
do not involve changes to the boundaries of the Project Area or ones that "affect the local taxing
agencies". Therefore, review by the Planning Commission, environmental documentation, and a
re -certification of the findings of blight are not required.
The proposed amendments and the process governing such amendments are in conformance with
California Health and Safety Code ("HSC") §33450-33458. The proposed Plan amendment and
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ITEM NUMBER: RA B-1
DATE: 03/11/2003
public hearing have been duly noticed per HSC §33450-33458. The tentative timeline for
completion of the: Plan amendment process is as follows:
1. Agency Board initiates Plan amendment. (January 28-29, 2003)
2. Agency prepares Plan amendment and report to Council as necessary.
3. Agency Board transmits report to Council and sets date for joint public;
hearing (March 25, 2003)
4. Agency Board and City Council conduct joint public hearing on Plan
amendment. Agency Board and City Council vote on proposed
amendments. Approval requires a unanimous vote per Section 640 of tl°e
current Plan. (April 8, 2003)
Approval of the proposed amendments to the Plan by joint conduct of the City Council and
Agency will amend Atascadero City Ordinance 362 and adopt and approve draft Ordinance
(Attachment 2) amending the Redevelopment Plan.
FISCAL IMPACT:
There is a minor fiscal impact associated with public noticing and consultant and counsel review
of the proposed amendments to the Redevelopment Plan.
ALTERNATIVES:
1. The Agency Board discussed potential changes to the Eminent Domain regulations and
directed staff to identify potential changes and their impact. Currently the Agency's
Eminent Domain Authority is limited. According to the Redevelopment Plan eminent
domain shall not be used for any of the following:
a) property zoned residential, according to the Atascadero Zoning Ordinance; or,
b) property used for residential purposes; or
c) property that is a conforming use as defined by the Atascadero General Plan and
the Atascadero Zoning Ordinance.
As the City has learned from implementing the Downtown Revitalization Plan and
working with the Main Street Association, the limits on eminent domain prohibit certain
projects that are widely supported in the community. There are downtown properties that
are in need of redevelopment where the property owner (sometimes an absentee land
owner) is reluctant to make improvements. Eminent domain is one of the few sources of
leverage the Agency could have to deal with these properties. Pursuant to the
Redevelopment Plan, a vacant property downtown could not be subject to eminent
domain, yet it could be a significant barrier to downtown improvement. Likewise, a
building that is either vacant or contains a use consistent with current regulations is not
eligible for eminent domain even if it is boarded -up.
- _ Go'
ITEM NUMBER: RA B-1
DATE: 03/11/2003
The Board had and continues to have concerns regarding the use of the eminent domain
authority. The Agency sought to insure property owners that land would not be
condemned for any arbitrary reason. At the same time, the Agency established downtown
revitalization as the main goal and eminent domain could be critical to the success of this
goal. Limited eminent domain authority has reduced the efficacy of the Agency in
addressing blighted properties and recalcitrant owners. Absent the ability to deal with
key properties, downtown revitalization could be stifled.
There are potential limitations that could be placed upon eminent domain that could still
meet all of the objectives. The authority could still be restricted to non-residential
property thus protecting homes. Another alternative would be to use the same voting
system as originally approved in the plan or an eminent domain vote could require a super
majority before implementation. In this way, the Agency has assurance that the project
has wide spread support before approval.
2. Direct staff to amend other Sections of the Redevelopment Plan not discussed in this
report.
ATTACHMENTS:
1. Redevelopment Plan Text and Proposed Amendments:
Section 320.0
Property Acquisition and Management;
Section 350.4
Property Development by Agency;
Section 570.4
Loan Agreements between the City and the Agency;
Section 570.5
Issuance of Tax Revenue Bonds; and
Section 640.0
Procedure for Amending the Redevelopment Plan.
Section 700.0
Five -Year Implementation Plan
Section 710.4
Housing Programs
2. Draft Ordinance
ARTICLE I
INTRODUCTION
Section 100 -AUTHORITY FOR PLAN
This Redevelopment Plan (hereinafter referred to as the "Plan") for the City of Atascad,�I
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 a')_d
ordinances effective as of the date of adoption of the Plan. The contents of this Plan include the tex
set forth in the following sections, a Redevelopment Plan Map (Appendix A), a legal description ar-.
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 Area" 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 Median 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 off
Housing and Urban Development or, in the event such determinations are discontinued,.,
income limits published by the State Department of Housing and Community Developmer -
(Health and Safety Code Section 50093).
110.4 "City Council' means the City Council of the City of Atascadero, California.
110.5 "Days" means 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" means the area within the Project Area generally bounded by Highway 1015
Highway 41, Bajada Avenue and Rosario Avenue.
110.6 "City" means the City of Atascadero, California.
Redevelopment Plan -Final July, 1999
City of Atascadero Redevelopment Project Page .1
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".
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, terms 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.
Redevelopment Plan -Final July, _1999 U U
City ofAtascadero Redevelopment Project Page 2
110.21 "Very Low Income" means persons and families whose incomes do not exceed .J�.-;
qualifying limits for very low income families established pursuant to Section 8 of ih
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.
Section 120 - PROJECT AREA BOUNDARIES
The boundaries of the City of Atascadero Redevelopment Project Area are depicted on the 1\/:_
il
attached to, and incorporated in, this Plan as Appendix "A". A legal description of the Project 4r
boundaries is attached to, and incorporated in, this Plan as Appendix "B"
Redevelopment Plan -Final J111)4 1995 _
City ofAtascadero Redevelopment Project Page 3
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 codes.
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:
210.1 The assembly of land into parcels suitable for modern, integrated development with
improved pedestrian and vehicular circulation.
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 -Final July, 1999 G 11
City of Atascadero Redevelopment Project Page 4
210.4 The establishment and implementation of performance criteria to assure high site desigL
standards and environmental quality and other design elements which provide unity a ,
integrity.
210.5 Expansion and diversification of the community's economic and employment base, throup
the facilitation of more year-round employment opportunities, including industrial
development and expansion, the removal of incompatible land uses, and the installation o_
public infrastructure. In addition to the Downtown area, the Agency may participate in
projects for the purposes of achieving 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 of traffic circulation consistent with the General Plan.
210.9 Expansion and/or improvement in the quality of the community's existing housing stock for
low- and moderate -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 the local population at -large including the expansion of the Atascadero Library.
210.13 Elimination of incompatible land uses.
210.14 Transition of obsolete land uses or uses causing the under -utilization of the underlying land,
and assembly of properties to best meet current market needs.
210.15 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.
210.16 Protection of significant historical buildings, including, but not limited to the City
Administration Building and the Colony House.
Redevelopment Plan -Final July, 1999,
City of,4tascadero Redevelopment Project Page 5 U i 2
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 a part 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 -Final July, 1999 � 3
City of Atascadero Redevelopment Project Page 6
230.4 "Other" Uses. Areas designated on the Map as Public/Quasi-Public and Recreati.OTL,;
Conservation shall be developed in accordance with the standards for such uses as describe,_.
in the General Plan of the City of Atascadero.
Section 240 - OTHER LAND USES FOR THE PROJECT AREA
Section 33333 of the Community Redevelopment Law requires that a redevelopment plan contaix3 a
description of the general layout of streets for the Project Area, as well as a description of property tc
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.
Redevelopment Plan -Final July, 1999 _ c
City of Atascadero Redevelopment Project Page 7
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
through the application 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 consistent 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 applicable 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, altered, 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 on Type, Size, Height, Number Proposed Use of Buildings and Number of
Dwelling Units. 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 this 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 Applications 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 issued 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 shall be notified of pending development applications and shall have the right of
Redevelopment Plan -Final July, .1999 1J i -
City of Atascadero Redevelopment Project Page 8
comment on such plans. The City and Agency shall work cooperatively to jointly ensure the
implementation 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 muss.
determine that:
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.
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 -Final Ju1y,1999,�6
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City of Atascadero Redevelopment Project Page 9
ARTICLE 3
TECHNIQUES 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 generally 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 successfully 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 objectives 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;
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City of Atascadero Redevelopment Project Page 10U f
300.7 Development and redevelopment of land by private enterprise and public agencies for uses
in accordance with this Plan;
300.8 Rehabilitation of structures and improvements by present owners, their successors, or the
Agency;
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 allowed 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 Plane
"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.
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City of Atascadero Redevelopment Project Page 11 LF i 0
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
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 are 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 meet 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 Participation Opportunities. 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 change 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, the Agency 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 the 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 and objectives of this Plan, and Participant's ability to finance the implementation and
development experience.
In addition to opportunities 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 may require Participants to enter into binding agreements with the Agency by
which Participants agree to develop, rehabilitate, or use and maintain the property in
conformance with this Plan and be subject to the provisions in the participation agreement.
In such agreements, Participants who retain real property shall be required to join in the
recordation of 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.
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City ofAtascadero Redevelopment Project Page 12
In the event a Participant fails or refuses to rehabilitate, develop, use and maintain his real
property pursuant to this Plan, despite Agency's efforts to assist the owner through w.
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 ancl
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 PropeM. 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
any of the following:
a) property zoned residential, according to the Atascadero Zoning Ordinance,
b) property used for residential purposes.
c) property that is a conforming use as defined by the Atascadero General Plan 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 12 years
from the effective date of the ordinance adopting the Plan. Eminent domain shall only be
used as a last resort, and shall require a majority vote of Agency Board members eligible and
qualified to vote.
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
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 tax assessment records, not less than sixty (60) days prior to said hearing.
Prior to any acquisition through eminent domain, the Agency shall adopt a resolution
declaring a need to acquire any specific property thereunder within three (3) years after the
date of adoption 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 provide notice of such acquisition and the provisions of this section to holden-
of
olde-of interests which would be made void and unenforceable pursuant to this section as follow,
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City of Atascadero Redevelopment Project Page 13
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
interest, or may commence action to acquire such interest, after the date of the acquisition of
the real property.
320.2 Community Input Prior to Property Acquisition by the Agency. Except for those properties
which are found 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 Property 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 for redevelopment. The Agency shall maintain in a reasonably safe and sanitary
condition all Agency -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.
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:
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City of Atascadero Redevelopment Project Page 14 v ;}
a. Families and persons to be temporarily or permanently displaced from housing facilitiew
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 plan for the relocation of families or singl,
persons to be displaced by a project shall provide that no persons or families of low anc
moderate income shall be displaced unless and until there is a suitable housing unit availably,
and ready for occupancy by such displaced person or family at rents comparable to those ai
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, oA
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.
340.2 Building Site Preparation. 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 Proiect Improvements. Pursuant to Section 33421 of the California Community
Redevelopment Law, the Agency is authorized to install and construct, or to cause to be
installed and constructed, project improvements and public utilities necessary to carry out
this Plan. Such improvements include, but are not limited to, streets, curbs, gutters, streE
lights, over and 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 prior 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 sc za!
Redevelopment Plan -Final July, 1999 �) .
City ofAtascadero Redevelopment Project Page 15 ��
to provide streets, sidewalks, utilities or other improvements which an owner or operator of
the site would otherwise be obliged to provide. In giving such consent, the City Council
shall make a finding 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
determinations asset forth in Section 33445. Such determinations by the Agency and the
City Council shall be final and conclusive. The constriction 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 Improvements. The Agency is authorized to install and construct, or cause
to be installed and constructed, temporary public improvements and temporary public
utilities necessary 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 dispose 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 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.
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City of Ataseadero Redevelopment Project Page 16
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 developmer,t
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 thi2
Plan.
To the extent permitted by law, the Agency is authorized to dispose of real property througF
lease or sale by negotiation without public bidding, but only after a public hearing wit-
notice as required by law. Real property may be conveyed by the Agency to the City or arry
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
property acquired 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 California Health and Safety Code, shall obligate said lessees and purchasers to
refrain from 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 following provisions:
Redevelopment Plan -Final July, 1999
City of Atascadero Redevelopment Project Page 1
In deeds, the following 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 persons on account of race, color, creed, religion, sex, marital status, national
origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment
of the premises herein conveyed, nor shall the grantee 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, 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 heirs, 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 ofthe
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 therein acquired by the Agency within any Survey Area or Project Area, the
foregoing provisions, in substantially the form set forth, shall be included, and such contracts
shall further provide that the foregoing provisions shall be binding upon and shall obligate
the contracting party or parties and any subcontracting party or parties, or other transferees
under the instrument.
350.3 Design for Development. 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 guidelines. Agency and City shall cooperate to the maximum degree possible. In the
case of property which is the subject of a disposition and development or participation
agreement with the Agency, it shall be constructed in accordance with architectural,
landscape and site plans submitted to and approved in writing by the Agency. Development
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
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City of Atascadero Redevelopment Project Page 18 4-
Section 360 - REHABILITATION OF STRUCTURES
360.1 Rehabilitation of Structures. The Agency is authorized to adopt Property Rehabilitation
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.
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City of Atascadero Redevelopment Project Page 19 AV
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 preserving 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 and the Community Redevelopment Law. These funds may be used inside or
outside the Project Area provided, however, that funds may be 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 purpose 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 activities 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 (3 0) 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 period of time prior to adopting a Replacement Housing Plan, the Agency shall
make available a draft of the proposed Plan for review and comments by public agencies and the
general public.
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City of Atascadero Redevelopment Project Page 20
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
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 c.,
within the territorial jurisdiction of the Agency in accordance with all of the provisions of Section -s
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, 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 (15%), 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 madc.
available on a priority basis for rent or purchase, whichever the case may be, to persons and familj:
Redevelopment Plan -Final July, 1999]
City ofAtascadero Redevelopment Project Page 21
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
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 - DURATION 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 HOUSIN
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 development, rehabilitation or construction of housing units within the City, both inside
and outside the Project Area.
Redevelopment Plan -Final July, 1999
City ofAtascadero Redevelopment Projectpage 22
ARTICLE 5
PROJECT FINANCING
Section 500 - FRAMEWORK
Redevelopment agencies are not allowed to levy property taxes of any kind. Therefore, agenci-
primarily finance their various projects and implementation activities through tax incremcn',
financing. Tax increments are derived from property taxes which result from increases in assessf�
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, frojr_.
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 oxt
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 taxa)
property within the City of Atascadero each year by or for the benefit of the State of Califon,:
Redevelopment Plan -Final July, 1999, 1
City of Atascadero Redevelopment Project Page 23
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:
That portion of the taxes which would be produced by the rate upon which the tax is levied
each year by or for each of the taxing agencies upon the total sum of the assessed value of the
taxable property in the redevelopment project as shown upon the assessment roll used in
connection with the taxation of such property by such taxing agency, last equalized prior to
the effective date of such ordinance, shall be allocated and collected shall be paid to the
respective taxing agencies as taxes by or for the taxing agencies on all other property are paid
(for the purpose 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 Area 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 refinance, in whole or in part, this redevelopment project and payment to 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 upon 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 (whether funded, refunded, assumed or otherwise) by the Agency to finance or
refinance in whole or in part the Atascadero Redevelopment Project.
The Agency is authorized to make such pledges as to specific advances, loans, indebtedness and
other obligations as appropriate 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.
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City ofAtascadero Redevelopment Project Page 24
Section 540 - ISSUANCE OF BONDS AND NOTES
The Agency may issue bonds or notes when a determination has been made that such financing i-
required and feasible. Such bonds or notes shall be issued only after the Agency has determined than
funds are, or will be, available to repay principal and interest when due and payable. Neither ti.<�.
members of the Agency nor any persons executing the bonds are liable personally on the bonds
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. The principal and interest on such advanced funds and indebtedness may be paid from tax
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 b,-
repaid
,repaid from the allocation of these taxes described in the before -mentioned Section 336 70
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.
Redevelopment Plan -Final July, 1999
City of Atascadero Redevelopment Project Pagr 2_'
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.
570.3 From time to time as may be appropriate, the Agency may issue bonds and/or notes for any
of its corporate purposes. The Agency may issue such types of bonds on which the
principal and 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
570.6 Any General Obligation Bond, as defined in Article XIIIA, Section I(b) of the
California Constitution issued by the Agency shall require the affirmative vote of two-
thirds of the voters voting in an general or special election.
Redevelopment Plan -Final July, 1999
City of Atascadero Redevelopment Project Page 26
ARTICLE 6
PLAN ADMINISTRATION
Section 600 - GENERAL DISCUSSION
The administration and enforcement of this Plan, including the preparation and execution of
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 '.
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 bligh�,_
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 otheY
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 i
publicly -owned public utilities within or affecting the Project Area.
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City ofAtascadero Redevelopment Project Page27
620.3 Revision of zoning (if necessary) within the Project Area to permit the land uses and
development authorized by this Plan.
620.4 Imposition wherever necessary of appropriate design controls within the limits of this Plan
upon parcels in the Project Area to ensure their proper development and use.
620.5 Provision for 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 without unnecessary delays.
620.8 The initiation and completion of any other proceedings necessary to carry out the project.
The Agency is authorized, but not obligated, to provide and expend funds to ensure the completion
of the project as a whole in accordance with this Plan. The obligation of the Agency to perform 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 - COOPERATION WITH OTHER PUBLIC AGENCIES
Certain public bodies are 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, is not authorized to acquire real property owned by public bodies without the
consent of such public bodies. However, the Agency will seek the cooperation of all public bodies
which own or intend to 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
Redevelopment Plan -Final July, 1999
99 tl � J
City of Atascadero Redevelopment Project Pa e 28
without the Project Area) which land, buildings, facilities, structure or other improvements arel: c -
would be of benefit to the Project.
Section 640 - PROCEDURES FOR AMENDING THIS PLAN
This Plan may be amended by the procedures established in Sections 33450-33458 ofhG
Community Redevelopment Law or by any other procedure established by law.
The approval of any amendment to this plan requires a two-thirds majority vote of the City Council
eligible and qualified to vote. This paragraph is not severable from the rest of this ordinance,
Should a court of competent jurisdiction hold the provisions of this paragraph to be void or otherwise
unenforceable, then the entire ordinance shall likewise be void and unenforceable. In the effect that
the ordinance becomes void and unenforceable, the Agency shall cease activities and operations as
established by California Redevelopment Law.
Redevelopment Plan -Final July, 19-�� `tl
City ofAtascadero Redevelopment Project Page
Article 7
Implementation Plan
Section 700 - IMPLEMENTATION PLAN
The Agency shall prepare 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 California Community Redevelopment Law, the Agency shall include any and
all projects that have yet to be completed from a prior Implementation 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, by
majority vote of the Agency Board, 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 the 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 projects 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 programs to meet the following needs:
(a) Rehabilitation
(b) Replacement housing needs.
(c) Neighborhood residential conservation and preservation
(d) Development of new, affordable units.
-- "
Redevelopment Plan -Final July, 1999 U
City of Atascadero Redevelopment Project Page 30
710.5 Projects which meet the City's economic investment guidelines.
Section 720 — GOALS, OBJECTIVES AND PROGRAMS FOR INITIAL PLAN
The Agency's goals and objectives for the initial Implementation Plan for the Atascade,�c
Redevelopment Project shall be as follows:
720.1 Improvement of the Downtown Area which is generally bounded by Highway :( 0 ,
Highway 41, Bajada Avenue and Rosario Avenue. Potential projects include the following
Financial and technical assistance to Main Street program, Business Improvement District 3,'-
other
xother merchant/owner based downtown improvement organization. The Agency will suppcff
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 structug( ;
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 thy:
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
experience they have, maintain the facility in the downtown.
Redevelopment of the Junior High School Site to enhance employment in the downtown
Redevelopment Plan -Final July, 1'99 1�`
City ofAtascadero Redevelopment Project Page i1
The School District has from time to time contemplated relocating the Junior High School
away from its current site, the City also has a goal of relocating this facility. The property is
in the downtown area, generally flat with utilities and good access. It could be a significant
improvement to the downtown area. The Agency could participate to insure the property was
strategically planned to enhance the downtown experience and capitalize on the atmosphere
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 activity 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.
Improvement of and additions to the downtown streetscape. 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.
Facade Improvements in the downtown to capitalize on Atascadero's character and improve
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 of incompatible land uses that detract from the downtown. Through this proj ect
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.
Aggregation of sites and buildings for a major employment 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 the
Redevelopment Plan and assist property owners with developing strategic plans for property
usage that will enhance the downtown experience.
Redevelopment Plan -Final July, 1999 ;
City ofAtascadero Redevelopment Project Page 3�1
Location of a major additional public activity center. (E. g. medical center, county offices c
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 th,
area. The Agency would promote and assist in this effort.
Development of Palma as a retail/pedestrian corridor to connect City Hall to Traffic Wa
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.
720.3 Expansion of the Atascadero Library
720.4 Housing programs including the following:
(1) Rehabilitation
(2) Replacement housing needs
(3) Neighborhood residential conservation
6�y
Redevelopment Plan -Final Julyy, .999
City ofAtascadero Redevelopment Project Page 33
DRAFT ORDINANCE
AN ORDINANCE OF THE CITY OF ATASCADERO
AMENDING THE REDEVELOPMENT PLAN AND ORDINANCE 362 APPROVING
AND ADOPTING THE ATASCADERO REDEVELOPMENT PROJECT
WHEREAS, the City Council of the City of Atascadero (the "Council") adopted and
approved the Atascadero Redevelopment Plan (the Plan") by Ordinance 362 on July 13, 1999;
and,
WHEREAS, the City Council of the City of Atascadero (the "Council") has received
from the Atascadero Redevelopment Agency (the "Agency") the proposed amendment to the
Plan for the Atascadero Redevelopment Project (the 'Project"), as approved by the Agency, a
copy of which is on file at the office of the Agency together with the Report of the Agency to the
Council including the reasons for amendment to the Atascadero Redevelopment Plan
WHEREAS, the Agency approved amendment of the Plan on Marchl1, 2003 and has
submitted to the Council its report and recommendations for approval of the amended Plan, and
that the amended Plan remains in conformance with the General Plan of the City of Atascadero;
and,
WHEREAS, the Council and the Agency held a joint public hearing commencing on
April 8, 2003 on adoption of the amended Plan in the City Council Chambers, Atascadero,
California; and,
WHEREAS, a notice of said hearing to amend the Plan was duly and regularly published
in the Atascadero News, a local newspaper of general circulation in the City of Atascadero, once
a week for three successive weeks prior to the date of said hearing, and a copy of said notice and
affidavit of publication are on file with the City Clerk and the Agency; and,
WHEREAS, copies of the notice of joint public hearing to amend the Plan were posted
in. four permanent public places within the boundaries of the Redevelopment Project Area; and,
WHEREAS, copies of the notice of joint public hearing to amend the Plan 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 to amend the Plan were
mailed by certified mail with return receipt requested to the governing body of each taxing
agency which receives taxes from property in the Project Area; and,
WHEREAS, the proposed amendments to the Plan are "minor in nature and do :.
require review by the Planning Commission, do not affect the local taxing agencies, are exernl.
from environmental documentation or study and do not require a re -certification of findings of
blight.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERC
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. That the Redevelopment Plan shall be amended as follows:
Section 320.0 Property Acquisition and Management; a majority vote of the
Board to shall be required to acquire property; and eminent domain
shall not be used for property zoned residential, according to the
Atascadero Zoning Ordinance, or property used for residential
purposes; and
Section 350.4 Property Development by Agency; a two-thirds majority vote of
the Board shall be required for Agency property development
Section 570.4 Loan Agreements between the City and the Agency; shall require a
majority vote of the Board; and,
Section 570.5 Issuance of Tax Revenue Bonds; and shall require a majority vote
of the Board; and,
Section 640.0 Procedure for Amending the Redevelopment Plan shall require a
majority vote of the Board to amend the Redevelopment Plano
Section 700.0 Adoption or amendment to the Five -Year Implementation Plan
shall require a majority vote.
Section 710.4 Expand the use of Housing Set -Aside funds to include
development of new, affordable units.
Additional Sections as Directed by Board/Council
Section 2. 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 3. The City Clerk is hereby directed to record with the Atascadero County Recorder 9
statement that the Atascadero Redevelopment Plan has been amended.
2
Section 4. The City Clerk is hereby directed to transmit, within thirty days of adoption of the
amended Plan, a copy of the description and statement recorded by the Clerk pursuant to Section
4 of this Ordinance, to the Auditor -Controller and Assessor of the County of Atascadero; to the
governing body of each of the taxing agencies which receives taxes from property in the Project
Area; and to the State Board of Equalization.
Section 5. The City Clerk is hereby ordered and directed to certify the passage of this Ordinance
and to cause the same to be published once in the Atascadero News, a newspaper of general
circulation, published and circulated in the City of Atascadero.
Section 6. If any part of this Ordinance or the Plan which it approves is held to be invalid for any
reason, such decision shall not affect the validity of the remaining portion of this Ordinance or of
the Plan, and this Council hereby declares that it would have passed the remainder of this
Ordinance or approved the remainder of the Redevelopment Plan if such invalid portion thereof
had been deleted.
Section T This Ordinance shall be in full force and effect thirty (30) days after its passage.
PASSED AND ADOPTED by the Atascadero City Council this 8th day of April 2003 by
the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Jerry L. Clay, Sr., Mayor
ATTEST:
Marcia McClure Torgerson, City Clerk
Approved as to form:
Roy A. Hanley, City Attorney
640