HomeMy WebLinkAboutResolution 1999-039 RESOLUTION NO. 1999-039
RESOLUTION OF THE ATASCADERO CITY COUNCIL
MAKING FINDINGS AND CERTIFYING THE FINAL
ENVIRONMENTAL IMPACT REPORT FOR THE
ATASCADERO REDEVELOPMENT PLAN
(SCH NO. 99011002)
WHEREAS, an Environmental Impact Report (the "EIR") (SCH No. 99011002) was
prepared for the Atascadero Redevelopment Plan(the"Project")by the Atascadero City Council(the
"City")pursuant to the California Environmental Quality Act(Public Resources Code Section 21000
et seq.), the Guidelines for Implementation of the California Environmental Quality Act (14 Cal.
Code Regs. Section 15000 et seq.,hereinafter the"CEQA Guidelines")and local procedures adopted
by the City pursuant thereto; and
WHEREAS, the redevelopment agency, as lead agency under CEQA, issued a Notice of
Preparation of an EIR on January 4, 1999 for the period prescribed by State and local regulations and
comments were received; and
WHEREAS, a Notice of Completion of the Draft EIR was filed with the State
Clearinghouse on March 8, 1999; and
WHEREAS, copies of the Draft EIR were distributed to the State Clearinghouse and to
those public agencies which have jurisdiction by law with respect to the Project and to other
interested persons and agencies, and the comments of such persons and agencies were sought; and
WHEREAS,the Atascadero Planning Commission reviewed the proposed Redevelopment
Plan and the draft EIR on April 6, 1999 and has recommended approval of the Project, and received
comments from the public on the Draft EIR; and,
WHEREAS,the Draft EIR was thereafter revised to adopt changes suggested,to incorporate
comments received on the Draft EIR and the City's response to said comments, and as so revised,
a Final EIR was prepared and submitted to the City; and
WHEREAS,a public hearing was held by the City on June 29, 1999 on the Redevelopment
Plan and the Final EIR relating thereto, following notice duly and regularly given as required by law,
and all interested persons expressing a desire to comment thereon or object thereto having been
heard, and said Final EIR and all comments and responses thereto having been considered; and,
WHEREAS,the EIR was prepared by an independent Redevelopment Consultant and the
City and Agency have reviewed the EIR for conformance with local regulations, conditions and
factual accuracy, as required by State law; and,
City of Atascadero
Resolution No. 1999-039
Page 2 of 17
WHEREAS,the final EIR consists of the draft EIR, as revised and supplemented, is made
a part of the Agency's Report on the Redevelopment Plan, incorporating all comments received and
the response of the Agency and the Council thereto as of the date hereof.
NOW,THEREFORE, THE ATASCADERO CITY COUNCIL DOES RESOLVE AS
FOLLOWS:
Section 1. The City hereby certifies that the final EIR for the Project has been completed
in compliance with the California Environmental Quality Act, the CEQA Guidelines and
local procedures adopted by the City pursuant thereto.
Section 2. The City has evaluated all comments, written and oral, received from persons
who have reviewed the draft EIR.
Section 3. The City hereby finds that the following environmental effects will occur:
Effects Found Not To Be Significant:
■ Compatibility with the Atascadero General Plan or zoning.
■ Conflict with applicable environmental plans or policies adopted by agencies with
jurisdiction over the project.
■ Be incompatible with existing land use in the vicinity.
Affect agricultural resources or operations (e.g. impacts to soils or farmlands, or
impacts from incompatible land uses).
■ Disrupt or divide the physical arrangement of an established community(including
a low-income or minority community).
■ Cumulatively exceed official regional or local population projections.
■ Induce substantial growth in an area either directly or indirectly (e.g. through
projects in an undeveloped area or extension of major infrastructure).
■ Displace existing housing, especially affordable housing.
■ Fault rupture.
■ Seismic ground shaking.
■ Seiche, tsunami, or volcanic hazard.
■ Landslides or mudflows.
■ Erosion, changes in topography or unstable soil conditions from excavation,
grading or fill.
■ Subsidence of the land.
City of Atascadero
Resolution No. 1999-039
Page 3 of 17
■ Expansive soils.
■ Unique geologic or physical features.
■ Changes in absorption rates, drainage patters, or the rate and amount of surface
runoff.
■ Exposure of people or property to water related hazards such as flooding.
■ Discharge into surface waters or other alteration of surface water quality (e.g.
temperature, dissolved oxygen or turbidity).
■ Changes in the amount of surface water movements.
■ Change in the quantity of ground waters, either through direct additions or
withdrawals, or through interception of an aquifer by cuts or excavations or
through substantial loss of groundwater recharge capability.
■ Altered direction of rate of flow of groundwater.
■ Impacts to groundwater quality.
■ Substantial reduction in the amount of groundwater otherwise available for public
water supplies.
■ Expose sensitive receptors to pollutants.
■ Alter air movement, moisture, or temperature, or cause any change in climate.
■ Create objectionable odors.
■ Increased vehicle trips or traffic congestion.
■ Hazards to safety from design features (e.g. sharp curves or dangerous
intersections) or incompatible uses (e.g. farm equipment).
■ Inadequate emergency access or access to nearby uses.
■ Insufficient parking capacity on-site or off-site.
■ Hazards or barriers for pedestrians or bicyclists.
■ Conflicts with adopted policies supporting alternative transportation (e.g. bus
turnouts, bicycle racks).
■ Rail, waterborne or air traffic impacts.
■ Endangered,threatened or rare species or their habitats (including but not limited
to plants, fish, insects, animals, and birds).
■ Locally designated species (e.g. heritage trees).
■ Locally designated natural communities (e.g. Oak Forest, coastal habitat, etc).
■ Wetland habitat(e.g. marsh, riparian and vernal pool).
■ Conflict with adopted energy conservation plans.
■ Use non-renewable resources in a wasteful and inefficient manner.
■ Result in the loss of availability of a known mineral resource that would be of
future value to the region and the residents of the State.
■ A risk of accidental explosion or release of hazardous substances (including but
not limited to: oil, pesticides, chemical, or radiation).
City of Atascadero
Resolution No. 1999-039
Page 4 of 17
■ Possible interference with an emergency response plan or emergency evacuation
plan.
■ The creation of any health hazard or potential health hazard.
■ Exposure of people to existing sources of potential health hazards.
■ Increased fire hazard in areas with flammable brush, grass, or trees.
■ Increases in existing noise levels.
■ Exposure of people to severe noise levels.
■ Fire protection.
■ Police protection.
■ Schools.
■ Maintenance of public facilities, including roads.
■ Other governments service.
■ Power or natural gas.
■ Communications systems.
■ Local or regional water treatment or distribution facilities.
■ Sewer or septic tanks.
■ Storm water drainage.
■ Solid waste disposal.
■ Local or regional water supplies.
■ Affect a scenic vista or scenic highway.
■ Have demonstrable negative aesthetic effect.
■ Create light or glare.
■ Disturb paleontological resources.
■ Disturb archaeological resources.
■ Affect historical resources.
■ Have the potential or cause a physical change which would affect unique ethnic
cultural values.
■ Restrict existing religious or sacred uses within the potential impact area.
■ Increase the demand for neighborhood or regional parks or other recreational
facilities.
■ Affect existing recreational opportunities.
Significant Irreversible Environmental Changes:
Development of the Project Area will commit non-renewable resources during construction,
and ongoing utility services provided to it. Energy resources and building materials
consumed during construction will essentially be irreversible and irretrievable. Substantial
amounts of energy and other natural resources will be consumed during the life of the
City of Atascadero
Resolution No. 1999-039
Page 5 of 17
Redevelopment Plan. These resources will not, however, be consumed in amounts
significantly greater than those analyzed in the 1991 Atascadero General Plan Land Use Plan
EIR(SCH No. 90011080) and the 1993 Atascadero General Plan Circulation Element EIR
(SCH No. 92101098).
Cumulative Impacts:
The Final EIR found that no additional environmental impacts would result from the
implementation of the proposed Redevelopment Plan other than those previously analyzed
and considered in the 1991 Atascadero General Plan Land Use Plan EIR and the 1993
Atascadero General Plan Circulation Element EIR.
The 1991 Land Use Plan EIR, incorporated by reference in the Final EIR, found that there
were several significant cumulative or unavoidable impacts:
■ Cumulative deterioration of air quality in the region.
■ Buildout of the plan area would exceed capacity of local schools.
■ Increased energy and water use.
■ Loss of wildlife habitat and grazing lands.
■ Increased pressure to develop buildable sites
Impacts that could be mitigated to a less than significant level were:
■ Short-term air quality impacts from construction.
■ Long term air quality impacts from buildout of the plan area.
• Additional truck traffic through the downtown and residential areas.
■ Increased average daily flow of sewage.
■ Need for additional police officers and fire protection service.
■ Increased solid waste generation.
■ Insufficient revenues to maintain current levels of service.
■ Increased traffic volumes and degradation of levels of service.
■ Insufficient water production.
■ Loss of wildlife habitat and archaeological artifacts.
The 1993 Circulation Element EIR, also incorporated by reference in the Final EIR, found
that there were no significant unavoidable impacts. Impacts that could be mitigated to a less
than significant level or were found to be less than significant were:
0 Stability of roadway structures affected by seismic shaking.
City of Atascadero
Resolution No. 1999-039
Page 6 of 17
■ Increased storm drainage and erosion.
■ Short- and long-term air quality impacts.
■ Increased light and glare.
■ Lack of funding and staffing for road construction projects.
■ Disturbance of cultural artifacts.
■ Traffic hazards to schools.
■ Consumption of energy.
All impacts identified in the Final EIR as significant or potentially significant can be
mitigated to a level that is less than significant through the adoption and implementation of
mitigation measures recommended in the Final EIR and as attached in Exhibit A. Other
unavoidable impacts attributable to implementation of the proposed project have either been
determined to be less than significant, or are mitigated to less than significant levels by
measures in existing plans.
Land uses and population density will remain controlled by the Atascadero General Plan, its
Elements, and Atascadero Downtown Master Plan. These include residential uses;
commercial, including neighborhood, community-level and service commercial uses;
industrial uses; and public facilities. The type, size, height and density of commercial,
industrial or other structures will continue to be determined by applicable federal, state and
local statutes, the General Plan, ordinances and regulations as they currently exist and are
amended from time to time. Overall, it is anticipated that population densities in the project
area will generally continue in conformance with existing patterns.
Generally, the existing street pattern will be retained unchanged as redevelopment of the
project area evolves, except for modifications and extensions in conformity with the
Circulation Element of the General Plan. Normal extensions of the existing street pattern
will also take place as required to serve new development and to remove development
constraints that exist in the area. Use of the adopted General Plan and community zoning
regulations will ensure that redevelopment activities will remain consistent with the General
Plan over the life of the Plan.
The project will comply with the General Plan and all new development within its
boundaries will be subject to applicable zone district standards and environmental
requirements. Improvements and use of public services and facilities will be evaluated using
the land use patterns and population densities as established in the General Plan.
Section 4. The City hereby approves and adopts as a Mitigation Monitoring Program those
monitoring actions set forth in Exhibit A to monitor the changes or alterations that have been
required in, or incorporated into,the project in order to mitigate or substantially lessen those
City of Atascadero
Resolution No. 1999-039
Page 7 of 17
significant environmental effects identified in Exhibit A.
Section 5. Upon approval and adoption of the Atascadero Redevelopment Plan by the City,
the Clerk is hereby directed to file a Notice of Determination with the County Clerk of San
Luis Obispo County and the Office of Planning and Research pursuant to the provisions of
Section 15094 of the State CEQA Guidelines.
Section 6. The City of Atascadero, located at 6500 Palma Avenue, Atascadero, California,
is the custodian of the documents or other material which constitute the record of the
proceedings upon which this decision is based.
Section 7. This resolution is effective immediately upon adoption.
PASSED AND ADOPTED by the Atascadero City Council this sixth day of July, 1999 by
the following vote:
AYES: Council Members Arrambide, Luna and Mayor Johnson
NOES: None
ABSENT: None
ABSTAIN: Council Members Clay and Lerno
*Js�dn,-Ma�y�
DERO
ATTEST:
Marcia McClure Torg erson, C' y Clerk
Approved as to form:
Ro . Hanley, City Att ey
City of Ataseadero
Resolution No. 1999-039
Page 8 of 17
EXHIBIT "A"
STATEMENT OF FACTS AND FINDINGS
AND ADOPTION OF MITIGATION MONITORING
PROGRAM FOR THE ATASCADERO REDEVELOPMENT PLAN
The Atascadero City Council ("the Agency"), based on its independent judgement, finds and
declares that an environmental impact report (EIR) for the Atascadero Redevelopment Plan (the
"Project") has been completed in compliance with the California Environmental Quality Act
(CEQA)and the State CEQA Guidelines. The Agency finds and certifies that the EIR was presented
to the Agency and that it has reviewed and considered the information contained in the EIR before
acting on the project.
Based on its review of the EIR,the Agency finds that this document contains an adequate assessment
of the potentially significant environmental impacts of the Project and represents the independent
judgment of the Redevelopment Agency. The Final EIR is composed of the following elements:
■ Draft Environmental Impact Report for the Atascadero Redevelopment Plan (including
all appendices). (February, 1999)(SCH #99011002)
■ Final Environmental Impact Report for the Atascadero Redevelopment Plan (including
all appendices). (May, 1999)
I. POTENTIAL SIGNIFICANT IMPACTS
This section identifies the potentially significant impacts of the project, references the mitigation
measures required for the project, and makes one of three findings for each potential significant
impact. Section 15091 of the CEQA Guidelines requires that one or more of the following findings
be made for each potentially significant environmental effect:
■ Changes or alterations have been required in, or incorporated into, the project which
avoid or substantially lessen the potentially significant environmental effect identified
in the Final EIR.
■ Changes or alterations are within the responsibility and jurisdiction of another public
agency and not the agency making the finding. Such changes have been adopted by such
other agency or can and should be adopted by such other agency.
0 Specific economic, social, or other considerations make infeasible mitigation measures
City of Ataseadero
Resolution No. 1999-039
Page 9 of 17
or mitigating project alternatives identified in the Final EIR.
II. PROJECT DESCRIPTION
Public Improvements
On the basis of research and surveys conducted by the Agency during preparation of the Preliminary
Plan, and in response to the Agency's objectives, a general description of the future programs
anticipated under the Project's Final EIR include, but are not limited to, the following:
■ Traffic circulation improvements throughout the project area, including
better access to developable properties.
■ Housing stock rehabilitation and replacement programs and new construction.
■ Improvement of infrastructure supporting the project area, including the improvement
of deficient infrastructure that creates an adverse environmental impact,that limits full
economic utilization of properties, and that is necessary for the maintenance of healthy
commercial, residential and industrial areas.
■ Enhancement of community facilities available to residents of the project area and
supportive of the local population at-large.
■ Elimination or mitigation of other existing blighting conditions and influences, including
incompatible land uses, obsolete or substandard structures, inadequate public facilities,
and/or small, irregular and landlocked parcels.
■ Revitalization and improvement of downtown Atascadero in accordance with the
Downtown Master Plan and all subsequent amendments.
Subsequent projects that are consistent with the land use designation and permitted density and
intensity of development established in the General Plan are considered to be within the scope of the
Final EIR.
Agency Development Assistance
In addition to providing assistance with public improvements which will facilitate redevelopment
of the Project Area, the Agency contemplates the provision of assistance to private development
City of Atascadero
Resolution No. 1999-039
Page 10 of 17
interests in a variety of forms. Specific projects in conformance with the Redevelopment Plan to
which the Agency will seek private sector commitment and may assist are:
■ Development of new industrial and commercial uses in the Project Area;
■ Commercial building and property renovation and improvement projects and;
■ Rehabilitation and expansion of the existing private housing stock in the community.
The Agency may find it necessary to provide tax exempt financing incentives to encourage the
private sector to acquire and assemble properties. Where Agency assistance is provided,the Agency
would be required to provide relocation assistance to any tenants displaced by such acquisition.
To ensure the financial feasibility of development projects in the Project Area,the Agency may find
it necessary to directly reduce the cost of redevelopment. One technique commonly used by
redevelopment agencies is the provision of tax exempt financing to reduce the financing costs of a
project. Such incentives may take the form of certificates of participation, lease revenue bonds,
industrial development bonds and various forms of tax exempt notes at various terms.
III. SUMMARY OF IMPACTS AND MITIGATION MEASURES
Section 15123(b)(1) of the Guidelines for Implementation of the California Environmental Quality
Act(CEQA Guidelines)provides that the summary shall identify each significant effect for which
proposed mitigation measures will reduce or avoid that effect. Table S-1 of the Final EIR and
reproduced below in Section VIII, identifies those impacts,the mitigation measures and the agency
responsible for mitigation.
IV. ALTERNATIVES TO THE PROJECT
Section 15126(d) of the CEQA Guidelines requires the EIR to describe a reasonable range of
alternatives to the project, or to the location of the project,which could feasibly accomplish the basic
objectives of the project, and to evaluate the comparative environmental effects of the alternative to
those of the proposed project. If the environmentally superior alternative is the "no project"
alternative,the EIR must also identify an environmentally superior alternative between the project
and the other evaluated alternatives.
The EIR identifies the following alternatives:
City of Atascadero
Resolution No. 1999-039
Page 11 of 17
No Project Alternative
Under this alternative, the status quo would be maintained and the redevelopment project not
implemented. Development would still continue, although at a slower pace, in accordance with the
City's existing General Plan and zoning. However, in comparison to the other alternatives, it would
not have the benefit of funding through tax increment financing. Physical and economic conditions
of blight as identified in the Preliminary Plan would continue. Adverse impacts would include
deterioration of area aesthetics, structures, employment opportunities, housing conditions, public
infrastructure, public services, road systems, traffic congestion and air quality. Free market
redevelopment is unlikely, without the aid of redevelopment actions, to stimulate revitalization of
the Project Area. Thus, blighting influences will persist and the local environmental quality would
continue to deteriorate. Absent a redevelopment plan, many needed improvements in the project
area which could not be funded by new development would be deferred.
Private Sector Assistance Alternative
This alternative would emphasize financial assistance to private development projects, including low
interest loans and land write-downs (subsidies). Since the precise nature of private development
projects is not known until proposed, comparative environmental impacts are speculative. Assuming
full buildout, consistent with existing General Plan and zoning, impacts would be similar or perhaps
greater than the other alternatives. Public infrastructure and transportation improvements would most
likely be inadequate to support these projects without the financial assistance that would be provided
by the proposed project.
Modified Project Boundary: Expanded and Reduced
These alternatives would create a Redevelopment Plan with either a larger or smaller Project Area.
An Expanded Boundary might encompass properties not as consistent with the intent of
redevelopment law(i.e., not necessarily visually, structurally or economically blighted).
The Reduced Boundary is the proposed project area described in its April 1996 Feasibility Study.
It omitted properties well within the definition of blight, which may reduce the comprehensiveness
of the redevelopment plan process. The Reduced Boundary is also not considered feasible since it
lacks adequate redevelopment potential in comparison to the project, lacks adequate diversity in
land uses, and has inadequate tax revenue.
Alternative Site
Redevelopment project areas must meet the legal definition of blight, as prescribed under
Community Redevelopment Law. A survey area was designated and the Project Area selected from
City of Atascadero
Resolution No. 1999-039
Page 12 of 17
within the survey area. No alternative site has been evaluated, because no other area was identified
that meets the requirements of Community Redevelopment Law.
CONCLUSIONS
In accordance with the CEQA Guidelines, all reasonable project alternatives have been evaluated
for their comparative environmental superiority. Based on this evaluation, it has been determined
that no single alternative exhibits environmental superiority in comparison to the proposed project.
The "no project" alternative is environmentally inferior and would fail to meet the project
objectives. Among the remaining alternatives, the Private Sector Assistance Alternative would
qualify as an environmentally superior alternative in lieu of the proposed project, as it would result
in fewer adverse impacts than the other alternatives. However, without the project there is no
feasible means of providing the requisite financial assistance. The proposed project with mitigation
measures proposed in this EIR, remains the environmentally superior project, as it provides the
fewest environmental impacts with the greatest potential beneficial impacts to the environment.
V. SIGNIFICANT ENVIRONMENTAL EFFECTS WHICH CANNOT BE AVOIDED
The Project will not result in additional significant unavoidable environmental impacts which were
not already analyzed in the 1991 Land Use Plan EIR and the 1993 Circulation Element EIR.
VI. CUMULATIVE IMPACTS
The EIR has not identified additional cumulative impacts in additional to the cumulative impacts
already analyzed in the 1991 Land Use Plan EIR and the 1993 Circulation Element EIR.
VII. FINDINGS
Based on the Final EIR and the entire record,the Redevelopment Agency finds that no single project
alternative exhibits environmental superiority since agricultural lands included in the project would
be subject to development and the"no project"alternative would result in the elimination of projects
that will mitigate impacts identified in the EIR.
VIII. MITIGATION MONITORING PROGRAM
Assembly Bill 3180 requires a public agency to adopt mitigation monitoring or reporting programs
for all projects for which an environmental impact report or "mitigated" negative declaration has
been prepared. The law is intended to ensure the implementation of all mitigation measures adopted
throughout the California Environmental Quality Act(CEQA)process.
City of Ataseadero
Resolution No. 1999-039
Page 13 of 17
Implementation of the Final EIR's mitigation measures, as contained in that document and
summarized in Table S-1, attached,is the key to development that both protects the environment and
provides essential services to future residents. The monitoring program on the following pages
provides a synopsis of the mitigation measures to be monitored,the responsible parties, and the time
period during which mitigation shall be completed.
E
A
c
IL
t °' A
•` Q �, bA d a.,
LM
o � o �' 4• o
g UQ0.� UA
O
m
c1 O C7
•
.o
Q))44 obb
C7 a W M o
CZ N
= 4 , to
v o0 0
bA vim, L o '� o
Q W cd cd
y •� b o o o `O a0i U a, cn cn
bA R
Ei O O
24
o � c
O i
E -" O
o z M z
a
cn
� 4:4
= 2Ln
V
3C4.
.c Cd o cd
o c U
O •� U ,� O ~
t-
FA In
--� N
EZ M M
E
2
L
I
O
L
IL
a�
�L
O
CO
L
O v
V O
_tm
J to Q
d
L
N
t4
N
_
O
ca
cm
:r+
O L
tm E
L = Z
M �
O �
Q.
"O ti E
� w
L Zs
Uaa Ez �a
U U U
o Cd o Cd o
� A � A CA
U c
In. d a,
o °
U A U A U A
..O 'Z3 —c;
N m cd cd O .:''. O m N o s. =
Q O O cd a cd cd --" r-+ A 'O 0 cd c/i
cn
Cd Cd
CT 14.
IZ
by O O p i S" 'n s, O M O N n O H O
cd RC1. N +' ll;+ r+ .O O 0 0- .= �
d cd U '� cd N N N
cdN N m +' U cn N U U
1.., � "t7 � 0 � E ^ O., aj ^. M cd � cd
"a uz z z
Cd
r�. � .° co
c .
-o o cocn
0
i ON O a Q
U .
qu
caz �
w
o a �
� aaM M M
M M M
L
0
a
•L
0
._
O p
z
O
M
U
i
d = L LM �
d ,tm*: t N .
b..A
JtnQg �
z �
L
M '
G �
Im a) 0
"� O •� bA
� z N
O L
� o
g cz z
�w
� b
0
� U �
o
aa) o
� o
C aU
O ON QCd
.
bca
Ca•1 Q 0 L
vxa Ez a M