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HomeMy WebLinkAboutOrdinance 362 CERTIFICATION I, Marcia McClure Torgerson, City Clerk of the City of Atascadero, hereby certify that the foregoing is the true and correct original of Ordinance No.362 adopted by the Atascadem City Council at a regular meeting thereof held on July 13, 1999 and that it has been duly published pursuant to State Law. DATED: Marcia McClure Torgerson City Clerk City of Atascadero, California ORDINANCE NO. 362 AN ORDINANCE OF THE CITY OF ATASCADERO APPROVING AND ADOPTING THE REDEVELOPMENT PLAN FOR THE ATASCADERO REDEVELOPMENT PROJECT WHEREAS, the City Council of the City of Atascadero (the "Council") has received from the Atascadero Redevelopment Agency (the "Agency")the proposed Atascadero Redevelopment Plan(the "Plan") for the Atascadero Redevelopment Project (the "Project"), as approved by the Agency, a copy of which is on file at the office of the Agency together with the Report of the Agency to the Council including the reasons for the Atascadero Redevelopment Plan, the description of the physical and economic conditions existing in the Project Area, a description of the projects proposed by the Agency and how these projects will improve or alleviate blighting conditions and or influences within the Project Area, an Implementation Plan including projects, actions and expenditures proposed to be made within the first five years of the plan,the proposed method of financing the redevelopment of the Project Area, a plan for the relocation of property owners and tenants who may be temporarily or permanently displaced from the Project Area, an analysis of the Plan, the report and recommendation of the Planning Commission of the City of Atascadero (the "Planning Commission"), an Environmental Impact Report on the Plan, and a neighborhood impact report; and, WHEREAS,the Planning Commission has submitted to the Council its report and recommendations for approval of the Plan, and its certification that the Plan conforms to the General Plan of the City of Atascadero; and, WHEREAS,the Council and the Agency held a joint public hearing commencing on June 29, 1999 on adoption of the Plan in the City Council Chambers, Atascadero, California; and, WHEREAS,a notice of said hearing was duly and regularly published in the Atascadero News, a local newspaper of general circulation in the City of Atascadero, once a week for three successive weeks prior to the date of said hearing, and a copy of said notice and affidavit of publication are on file with the City Clerk and the Agency; and, WHEREAS,copies of the notice of joint public hearing were mailed by first class mail to the last known address of each assessee of each parcel of land in the Project Area, as shown on the last equalized assessment roll of the County of San Luis Obispo, and to residents and businesses within the Project Area; and, WHEREAS,copies of the notice of the joint public hearing were mailed by certified mail with return receipt requested to the governing body of each taxing agency which receives taxes from property in the Project Area; and, WHEREAS,the Agency has prepared and adopted a program for the relocation of persons and businesses who may be displaced as a result of carrying out the Project in accordance with the Plan; and, City of Atascadero Ordinance No.362 Page 2 of 9 WHEREAS,the Council has general knowledge of the conditions existing in the Project Area and of the availability of suitable housing in the City for the relocation of families and persons who may be displaced by the Project, and in the light of such knowledge of local housing conditions, has carefully considered and reviewed the Plan; and, WHEREAS,the Council has considered the report and recommendations of the Planning Commission, the Report of the Agency, the Plan's economic feasibility, the EIR, and has provided an opportunity for all persons to be heard and has received and considered all evidence and testimony presented for or against any and all aspects of the Redevelopment Plan; and, WHEREAS,the Council has reviewed and considered the Supplemental EIR for the Plan, prepared and submitted by the Agency and certified by the City Council by Resolution 1999-039 pursuant to Public Resources Code Section 21151 and Health and Safety Code Section 33352, and determined that there would not be a significant impact if the mitigation measures contained in the Atascadero General Plan were implemented. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO DOES HEREBY ORDAIN AS FOLLOWS: Section 1. That the purpose and intent of the Council with respect to the redevelopment of the Project Area is to accomplish the following: (1) Expansion and diversification of the community's economic and employment base, through the facilitation of more year-round employment opportunities, including industrial development and expansion. (2) Improvement and revitalization of the community's service commercial and industrial areas. (3) Recapture of general retail sales leakage from the City of Atascadero to other trade centers. (4) Improvement of traffic circulation throughout the Project Area, including better access to developable properties. (5) Improvement in the quality of the community's existing housing stock, through rehabilitation and replacement programs. (6) Improvement of infrastructure supporting the Project Area, including the improvement of deficient infrastructure that creates an adverse environmental impact, that limits full economic utilization of properties, and that is necessary for the maintenance of healthy commercial, residential and industrial areas. (7) Creation/enhancement of recreational and cultural opportunities available to the residents of the Project Area and of the community at-large. 2 City of Atascadero Ordinance No.362 Page 3 of 9 (8) Enhancement of community facilities available to residents of the Project Area and supportive of the local population at-large. (9) Elimination or mitigation of other existing blighting conditions and influences, including incompatible land uses, obsolete or substandard structures, inadequate public facilities, and/or small, irregular and landlocked parcels. Section 2. The Council hereby finds and determines that: a. The Project Area is blighted, the redevelopment of which is necessary to effectuate the public purposes declared in the California Community Redevelopment Law(Health and Safety Code Section 33000 et sem.). This finding is based upon the following conditions which characterize the Project Area: (1) Unsafe or unhealthy buildings as evidenced by abandoned structures constituting attractive nuisances and fire hazards. According to the building conditions survey, forty percent(40%) of the single-family residential structures are in need of some form of repair or rehabilitation. Approximately nine percent(9%) are considered to require major rehabilitation or demolition. (2) Parcels along El Camino Real suffer from inadequate access and a lack of infrastructure that have prevented their successful development in the past. Parcels in north El Camino Real area are also undersized and not appropriate for their intended commercial land uses. Many are developed with depreciated single family dwellings on smaller parcels. Consequently, it is necessary to acquire multiple parcels, dislocate tenants, and to incur higher-than-market land acquisition costs to assemble parcels adequate for modern commercial use. Many of these parcels also have excessive depth to width ratios, exceeding 5:1 in many cases, which further hinder their effective use. (3) Parcels along the west side of north El Camino Real are served by parking facilities which are not fully developed. On-site parking is, in some cases non-existent or undeveloped. The size and configuration of lots further hinder effective use of commercial building sites because of lack of adequate on-site circulation, excessive number of drive approaches, and topographic site conditions which require greater setbacks and longer drive approaches than now permitted. Other physical factors which hinder the effective use of parcels are inconsistent or irregular parcel size, adjacent incompatible land uses and poor housing conditions on adjacent properties. 3 City of Atascadero Ordinance No.362 Page 4 of 9 (4) The Area includes uses which are incompatible with each other due to use characteristics, or due to the lack of onsite parking, storage areas, or type of operations. Single family uses are generally intermixed with larger commercial uses along El Camino Real. Industrial uses contribute significant traffic volumes to City roadways and create traffic impacts at key connection points to the City's main traffic arteries. The wrecking yard property on Traffic Way is also considered to be an incompatible land use. (5) Irregular parcelization as demonstrated in the Report to Council. (6) Depreciated or stagnant property values are evidenced by the lack of development and the presence of underdeveloped properties in the Project Area. The stagnant property values are indicated by the vacant shop properties along El Camino Real, by the underdeveloped or undeveloped properties on north El Camino Real, and the underdeveloped properties along Traffic Way. All of these properties are designated for urban uses by the City's General Plan. (7) The area has historically suffered from depressed property values for comparable dwelling units and properties elsewhere in the community. According to the County Auditor Controller growth in assessed valuation has averaged 2.2 per year over the last five years despite some development. Single family residential properties have market values ranging from seventy-one percent to ninety-two percent of the City average. Rents in the area are also below the City norm with rents averaging eighty to ninety-five percent of City medians. These depressed property values have a significant, adverse affect on City operations since typical single family residential uses in the area generate a need for approximately $470 per year in City services while generating only $199 per year in property tax and state per capita subventions according to the Long Range Fiscal Analysis. Similarly, industrial properties in the area negatively impact general fund revenue, generating $1,100 in property tax revenues per acre while having allocated costs of$5,500 per acre for general fund services. (8) Overcrowding exists in residential areas of the Project Area and multi- family units on south El Camino Real. Smaller lots in these areas provide less than adequate open space. Overcrowding in residential units also exists according to the 1990 Census. Overcrowding is defined as 1.01 person per habitable room and Substantial Overcrowding is defined as more than 1.5 persons per habitable room. Overcrowding is considered to be an indicator of inadequate residential design and development in units or areas impacted by overcrowding. Over twenty-four percent of the residential units are overcrowded with substantial overcrowding existing 4 City of Atascadero Ordinance No.362 Page 5 of 9 in fourteen percent of the dwelling units in the Project Area, according to the 1990 Census. These findings are based on the facts presented in the Preliminary Report for the Atascadero Redevelopment Plan, the Report to Council for the Plan, the Supplemental EIR, public testimony and declarations by City officials. Some blighting conditions have increased in intensity, despite the Agency's aggressive efforts to mitigate them. b. It is further found and determined that such conditions are causing and will increasingly cause a reduction and lack of proper utilization of the area to such an extent that it constitutes a serious physical and economic burden on the City, which cannot reasonably be expected to be reversed or alleviated by private enterprise acting alone, requiring redevelopment in the interest of the health, safety and general welfare of the people of the City and the State. This finding is based on the fact that governmental action available to the City without redevelopment would be insufficient to cause any significant correction of the blighting conditions, and that the nature and costs of the public improvements and facilities required to correct the blighting conditions are beyond the capacity of the City and cannot be undertaken or borne by private enterprise acting alone. C. That the project is urbanized as defined by Section (b) of Section 33320.1 of the Health and Safety Code. This finding is based on the fact that the Project Area is 87.3 percent urbanized as shown in revised Table 2-1 of the Report to Council. Such urbanized parcels include those that are or have been used for urban uses, are characterized as being of irregular form and shape, inadequate in size for proper usefulness, and/or which are in multiple ownership; and, integral parcels which are substantially surrounded by parcels which are or have been developed for urban uses. d. The Plan, along with other actions authorized by the Plan, will redevelop the Project Area in conformity with the Community Redevelopment Law in the interests of the public peace, health, safety and welfare. This finding is based upon the fact that redevelopment of the Project Area will implement the objectives of the Community Redevelopment Law by aiding in the elimination and correction of the conditions of blight, providing for planning, development, redesign, clearance, reconstruction or rehabilitation of properties which need improvement and providing for higher economic utilization of potentially useful land. e. The adoption and carrying out of the Plan is economically sound and feasible. Further,that the time limitations and any applicable limitations on the number of dollars that may be allocated to the Agency that are contained in the plan are reasonably related to the proposed projects to be implemented in the project area and to the ability of the Agency to eliminate blight within the Project Area. These findings are based on the fact that under the Plan,the Agency will be authorized to seek and utilize a variety of potential financing resources, including tax increments; that the nature and timing of public redevelopment assistance will City of Atascadero Ordinance No.362 Page 6 of 9 depend on the amount and availability of such financing resources, including tax increments generated by new investment in the Project Area; and that under the Redevelopment Plan, no public redevelopment activity will be undertaken unless the Agency can demonstrate that it has adequate revenue to finance the activity; and, further that Report to Council indicates that there is a balance of anticipated revenues with the proposed needs of the Project Area. f. The Plan conforms to the General Plan of the City of Atascadero. This finding is based on the Atascadero Planning Commission findings and the Plan conforms to the General Plan of the City of Atascadero. g. The carrying out of the Plan will promote the public peace, health, safety and welfare of the City of Atascadero and will effectuate the purposes and policy of the Community Redevelopment Law. This finding is based on the fact that redevelopment will benefit the Project Area by correcting conditions of blight and by coordinating public and private actions to stimulate development and improve the economic and physical conditions of the Project Area. h. The Agency has a feasible method and plan for the relocation of families and persons who might be displaced, temporarily or permanently, from housing facilities in the Project Area. This finding is based upon the fact that the Plan provides for relocation assistance and replacement housing according to law. i. There are, or are being provided, within the Project Area or within other areas not generally less desirable with regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the families and persons who might be displaced from the Project Area, decent, safe and sanitary dwellings equal in number to the number of and available to such displaced families and persons and reasonably accessible to their places of employment. This finding is based upon the fact that no person or family will be required to move from any dwelling unit until suitable replacement housing is available and a relocation plan has been adopted pursuant to Sections 33411 and 33411.1 of the Community Redevelopment Law. j. The elimination of blight and the redevelopment of the Project Area could not reasonably be expected to be accomplished by private enterprise acting alone without the aid and assistance of the Agency. This finding is based upon the existence of blighting influences, including faulty or inadequate utilities, and the inability of individual developers to economically remove these blighting influences without substantial public assistance in providing adequate utilities, the inability of low and moderate income persons to finance needed improvements, and the inadequacy of other governmental programs and financing mechanisms to eliminate blight, including the provision of necessary utilities. 6 City of Atascadero Ordinance No.362 Page 7 of 9 k. The Plan for the Project Area will afford the maximum opportunity, consistent with the sound needs of the City as a whole, for the redevelopment of such area by private enterprise. 1. The Plan contains adequate safeguards so that the work of redevelopment will be carried out pursuant to the Plan, and it provides for the retention of controls and the establishment of restrictions and covenants running with the land sold or leased for private use for periods of time and under conditions specified in the Plan, which this Council deems necessary to effectuate the purposes of the Community Redevelopment Law. in. There are no non-contiguous areas of the Project Area and all areas are either blighted or necessary or effective redevelopment and are not included for the purpose of obtaining the allocation of taxes from the area pursuant to Section 33670. Significant economic and physical conditions of blight in conformance with State law as demonstrated in the Report to Council and the Preliminary Report. The Project Area meets the blight test in the areas of the prevalence of unsafe and unhealthy buildings, presence of conditions preventing or hindering their economically viable use, presence of irregular parcelization, depreciated property values, residential overcrowding, excess of bars, liquor stores and adult oriented uses, and a high crime rate. n. The inclusion of lands, buildings, or improvements which are not individually detrimental to the public health, safety, or welfare is necessary for the effective redevelopment of the Project Area of which they are a part and that any area so included is necessary for effective redevelopment is not included for the purpose of obtaining the allocation of tax increment revenues from the area pursuant to Section 33670 of the Health and Safety Code. The substantial justification for inclusion of such lands is as follows: (1) The inclusion of such properties is necessary for the economic feasibility for redevelopment of the Project Area. The Report to Council demonstrates that these areas are needed to generate sufficient tax increment revenues to complete the projects described in the Preliminary Report and the Report to Council. (2) The exclusion of these properties would make implementation of the project infeasible since the Agency would not be able to comprehensively plan the area and undertake projects in an effective manner. (3) The non-blighted properties are adversely affected by the blighted properties. The Report to Council demonstrates that while there are relative concentrations of blight within the Project Area, respectively, the adverse influence of the blighted properties has affected all properties within the Project Area as demonstrated by the Report to Council. 7 City of Atascadero Ordinance No.362 Page 8 of 9 (4) The non-blight properties will benefit from the Agency's activities since infrastructure will be extended, commercial facilities provided, crime reduced, and other conditions remedied that will increase these properties values. Section 3. The Council is satisfied that permanent housing facilities will be available within three years from the time occupants of the Project Area are displaced, if any, and that pending the development of the facilities, there will be available to the displaced occupants, if any, adequate temporary housing facilities at rents comparable to those in the City of Atascadero at the time of their displacement. No persons or families of low or moderate income shall be displaced from residences unless and until there is a suitable housing unit available and ready for occupancy by such displaced persons or families at rents comparable to those at the time of their displacement. Such housing units shall be suitable to the needs of such displaced persons or families and must be decent, safe, sanitary and otherwise standard dwellings. The Agency shall not displace any such persons or families until such housing units are available and ready for occupancy. Section 4. The Council is satisfied that all written objections received before or at the noticed public hearing have been responded to in writing. In addition, written findings have been adopted in response to each written objection of an affected property owner or taxing entity which has been filed with the City Clerk either before or at the notice public hearing. Section 5. That certain document entitled "Report to Council for the Atascadero Redevelopment Plan," and the "Preliminary Report for the Atascadero Redevelopment Plan", the maps contained therein and such other reports as are incorporated herein by reference, a copy of which is on file in the office of the City Clerk, having been duly reviewed and considered, is hereby incorporated in this Ordinance by reference and made a part hereof, and as so incorporated is hereby designated, approved and adopted as the official "Redevelopment Plan for the Atascadero Redevelopment Project." Section 6. In order to implement and facilitate the effectuation of the Redevelopment Plan hereby approved, this Council hereby (a)pledges its cooperation in helping to carry out the Redevelopment Plan, (b)requests the various officials, departments, boards and agencies of the City having administrative responsibilities in the Project Area likewise to cooperate to such end and to exercise their respective functions and powers in a manner consistent with the redevelopment of the Project Area, (c) stands ready to consider and take appropriate action upon proposals and measures designed to effectuate the Redevelopment Plan, and (d) declares its intention to undertake and complete any proceeding necessary to be carried out by the City under the provisions of the Redevelopment Plan. Section 7. The City Clerk is hereby directed to send a certified copy of this Ordinance to the Agency whereupon the Agency is vested with the responsibility for carrying out the Redevelopment Plan. Section 8. The City Clerk is hereby directed to record with the Atascadero County Recorder a statement that the Atascadero Redevelopment Plan has been amended. 8 City of Atascadero Ordinance No.362 Page 9 of 9 Section 9. The City Clerk is hereby directed to transmit, within thirty days of adoption of the Plan, a copy of the description and statement recorded by the Clerk pursuant to Section 9 of this Ordinance,to the Auditor-Controller and Assessor of the County of Atascadero; to the governing body of each of the taxing agencies which receives taxes from property in the Project Area; and to the State Board of Equalization. Section 10. The City Clerk is hereby ordered and directed to certify the passage of this Ordinance and to cause the same to be published once in the Atascadero News, a newspaper of general circulation, published and circulated in the City of Atascadero. Section 11. If any part of this Ordinance or the Plan which it approves is held to be invalid for any reason, such decision shall not affect the validity of the remaining portion of this Ordinance or of the Plan, and this Council hereby declares that it would have passed the remainder of this Ordinance or approved the remainder of the Redevelopment Plan if such invalid portion thereof had been deleted. Section 12. The area described in the legal description and map in Attachment A to this ordinance are hereby added to the Atascadero Redevelopment Project Section 13. This Ordinance shall be in full force and effect thirty (30) days after its passage. PASSED AND ADOPTED by the Atascadero City Council this 13t'day of July 1999 by the following vote: AYES: Council Member Arrambide, Luna and Mayor Johnson NOES: None ABSENT: Council Member Lerno ABSTAIN: Council Member Clay Ray Jo nsK May ATTEST: LIJ &k 1��' ikau�_ Marcia McClure Torgerson, City Cl#k Approved as to form: Roy A anley, City Atto 9 Attachment A to Ordinance 362 Legal Description and Map ATASCADERO REDEVELOPMENT PROJECT BOUNDARY DESCRIPTION Beginning at the intersection of the Northerly right of way line of Soledad Avenue, and the Northerly prolongation of the Westerly right of way line of Miramon Avenue,which point is situated near the Northwesterly corner of Block K of the Map of Atascadero, per map recorded in Book 4, of Maps, at page 11, San Luis Obispo County Records; 1. Thence, South 26°20'East, along said Northerly prolongation, and along said Westerly right of way line of Miramon Avenue, 2577 feet, more or less, to a point on the Northwesterly right of way line of Del Rio Avenue; 2. Thence, South 46°55' West, along said Northwesterly right of way line, 50 feet, to a point on the Easterly right of way line of the Southern Pacific Railroad; 3. Thence, Southerly, along said Easterly right of way line, 1874, feet more or less, to a point on the Southwesterly prolongation of the Southeasterly line of Lot 11 of Pine Mountain, Amendment L,per map recorded in Book 4 of Maps, at page 81A, San Luis Obispo County Records; 4. Thence, South 30015' West, along said Southwesterly prolongation, across said Southern Pacific Railroad right of way, 100 feet, to the Southwesterly right of way line of said Southern Pacific Railroad; 5. Thence, South 61022' East, along last said right of way line 274 feet,more or less,to a point on the Northeasterly prolongation, of the Southeasterly line of Block F of said Atascadero Subdivision; 6. Thence, South 33025'00" West, along said Northeasterly prolongation and along said Southeasterly line of said Block F,a distance of 1976 feet,more or less,to the Southerlymost corner of Lot 39 of said Block F; 7. Thence, North 54°00' West, along the Southwesterly line of said Lot 39, and along the Northwesterly prolongation thereof, 361 feet,more or less, to a point on the Westerly right of way line of State Hwy. 41; 8. Thence, Southerly along last said Westerly right of way line, 403 feet,more or less,to point on the Easterly prolongation of the Southerly right of way line of Country Club Drive; 9. Thence,North 65°29' West, along last said Easterly prolongation and along said Southerly right of way line, 682 feet, more or less, to a point on the Easterly right of way line of Capistrano Avenue; Page 1 of 11 Attachment A to Ordinance 362 Legal Description and Map 10. Thence, Southerly, along said Easterly right of way line, 2,077 feet, more or less,to a point on the Northeasterly right of way line of South Mall Extension; 11. Thence, Southeasterly along last said Northeasterly right of way line, 694 feet, more or less, to a point on said Westerly right of way line of State Hwy. 41; 12. Thence, South 48°00' East, across said State Hwy. 41, a distance of 100 feet, more or less, to a point on the Easterly right of way line of said State Hwy. 41, and the Northeasterly right of way line of Santa Ysabel Avenue; 13. Thence, Southeasterly, along said Northeasterly right of way line, 331 feet,more or less, to the Southerlymost corner of Parcel A of Parcel Map recorded in Book 31 of Parcel Maps, at page 30, San Luis Obispo County Records, which point is situated on the Northwesterly line of Lot 8, of Block K-A of said Map of Atascadero; 14. Thence, South 35°50' West, along said Northwesterly line of Lot 8, a distance of 5 feet, more or less, to a point on said Northeasterly right of way line of Santa Ysabel Avenue; 15. Thence, Southeasterly, along last said Northeasterly right of way line, 3862 feet, more or less, to a point on the Southeasterly right of way line of Curbaril Avenue; 16. Thence, Southwesterly, along last said Southeasterly right of way line, 730 feet,more or less, to the Northwesterlymost corner of Lot 88 of Block M-C of said Amended Map of Atascadero; 17. Thence, South 31°27' East, along the Southwesterly line of said Lot 88, and along the Southwesterly line of Lot 93,of said Block M-C, and the Southeasterly prolongation thereof, 462 feet, more or less,to a point on the Southeasterly right of way line of Junipero Avenue; 18. Thence, South 47°West along last said Southeasterly right of way line, 35 feet,more or less, to the Westerlymost corner of Lot 147A of Block M-C of said Amended Map of Atascadero 19. Thence, South 46°O1' East, along the Southwesterly line of said Lot 147A, and along the Southwesterly line of Lot 146A of said Block M-C, a distance of 475 feet, more or less, to the Southerlymost corner of said Lot 146A, which point is situated on the Northwesterly right of way line of Palomar Avenue; 20. Thence, Southeasterly, across said Palomar Avenue, 40 feet more or less, to the Northerlymost corner of Lot 154A of said Block M-C, which point is situated on the Southeasterly right of way line of said Palomar Avenue; 21. Thence, South 39°29' West, along said Southeasterly right of way line, 317.4 feet, more or less,to a point on the Easterly right of way line of El Camino Real; 22. Thence, South 730 West, across said El Camino Real, 100.2 feet, more or less, to the Northerlymost corner of Lot 5, of Tract No. 1583 per map recorded in Book 14 of Maps, at Page 2 of 11 Attachment A to Ordinance 362 Legal Description and Map page 74, San Luis Obispo County Records,which point is situated on the Westerly right of way line of said El Camino Real; 23. Thence,Northerly, along last said Westerly right of way line, 250 feet, more or less, to the Northerlymost corner of Lot 3 of said Tract No. 1583; 24. Thence, South 57023'40" West, along the Northwesterly line of said Lot 3, and the Southwesterly prolongation thereof, 883 feet, more or less, to a point on the Westerly right of way line of State Hwy 101; Thence,Northerly, along said Westerly right of way line the following courses: 25. North 21059'15" West, 225 feet, 26. North 46°45'49" West, 71.59 feet, 27. North 25°58'57" West, 315.77 feet, 28. North 41054'56" West, 99.75 feet, to a point on the Southerly right of way line of Curbaril Avenue; Thence, continuing along said Westerly right of way line State.Hwy 101 the following courses: 29. North 3705702" West, 250.89 feet, 30. North 12017'55" West, 415.93 feet, 31. North 12°03'40" West, 203.04 feet, 32. North 05°21'03" West, 104.77 feet, 33. North 21059'15" West, 109.61 feet, 34. North 17026'17" West, 145.59 feet, 35. North 20°00'40" West, 90.79 feet, 36. North 39019'38" West, 129.77 feet, 37. North 70°00'03" East, 59.03 feet, 38. North 21059'15" West, 507.93 feet, 39. North 22011'52" West, 60.50 feet, 40. North 33°15'00" West, 185.10 feet, 41. North 26°24'41" West, 136.71 feet,to a point on the centerline of Esperanza Avenue, which point is situated on a curve concave Southerly having a radius of 191.1 feet,; 42. Thence,Easterly along said centerline ofEsperanza Avenue and along said 191.1 foot radius curve,through a central angle of 05°02'16" an arc distance of 17.8 feet,to a point on a curve concave Westerly having a radius of 2900.00 feet. A radial line from last said point to the center of 2900 foot radius curve bears South 75°26'54" West; 43. Thence, continuing along said Westerly right of way line of State Hwy. 101 Northerly, along said 2900.00 foot radius curve through a central angle of 10'24'15" an arc distance of 526.60 feet,; Page 3 of 11 Attachment A to Ordinance 362 Legal Description and Map 44. Thence, continuing along said Westerly right of way line,North 47°24'43" West, 29.07 feet, to a point on a curve concave Westerly, having a radius of 319.00 feet. A radial line from last said point to the center of said 319.00 foot radius curve bears, South 73°13'10" West; 45. Thence, continuing along said Westerly right of way line,Northerly, along said 319.00 foot radius curve through a central angle of 31°11'10" an arc distance of 173.63 feet, to a point of compound curvature and beginning of a tangent curve concave Southwesterly having a radius of 1709.19 feet; 46. Thence, continuing along said Westerly right of way line,Northerly, along said 1709.19 foot radius curve, through a central angle of 17°29'30" an arc distance of 521.79 feet,; 47. Thence, continuing along said Westerly right of way line, North 65°27'30" West, 5.7 feet, more or less, to a point on the Westerly right of way line of Tecorida Avenue; 48. Thence, Southerly, along said Westerly right of way line, 1401 feet, more or less,to a point on the Southerly right of way line of San Andreas Avenue; 49. Thence, Westerly, along last said Southerly right of way line, 302 feet, more or less, to a point on the Easterly right of way line of Atascadero Avenue; 50. Thence, Southerly, along last said Easterly right of way line, 2380 feet, more or less, to a point on the Southerly right of way line of Curbaril Avenue; 51. Thence, Westerly, along said Southerly right of way line of Curbaril Avenue, 1673 feet,more or less, to a point on the Westerly right of way line of Santa Ynez Avenue; 52. Thence,Northerly, along said Westerly right of way line of said Santa Ynez Avenue, 2588 feet, more or less,to a point on the Northerly right of way line of said San Andres Avenue; 53. Thence, South 87°20' East, along said Northerly right of way line, 245 feet, more or less, to a point on the Westerly right of way line of Serra Avenue; 54. Thence,Northerly, along said Westerly right of way line 852 feet, more or less, to a point on the Southwesterly right of way line of said Atascadero Avenue; 55. Thence,North 31°48' West, along said Southwesterly right of way line, 332 feet, more or less, to a point on said Northerly right of way line of said Santa Ynez Avenue; 56. Thence,Easterly, along said Northerly right of way line 964 feet,more or less,to a point on said Westerly right of way line of State Hwy 101; Thence,Northerly along last said Westerly right of way line the following courses: 57. North 57°09'49" West, 139.98 feet, 58. North 46°11'10" West, 354.30 feet, Page 4 of 11 Attachment A to Ordinance 362 Legal Description and Map 59. North 07°54'51" West,36.80 feet, 60. North 58°10'10" West, 225.32 feet, 61. North 63°38'51" West, 101.07 feet, 62. North 55007100" West, 129.26 feet; 63. South 79°53'00" West, 38 feet, 64. North 57°01'30" West, 719.00 feet, 65. North 52°31'30" West, 204.00 feet, 66. North 42°16'30" West, 180.00 feet, 67. North 49°46'30" West, 70.00 feet, 68. North 73°01'30" West, 123.60 feet, to the beginning of a tangent curve concave Northerly having a radius of 1412 feet; 69. Thence, continuing along said Westerly right of way line, and along said 1412 foot radius curve,Northwesterly, 140.00 feet, more or less, to a point on the Westerly line of Lot 4 of Block G-B, per said Map of Atascadero; 70. Thence, continuing along said Westerly right of way line,North 31°04'00" East, along said West line of Lot 4 a distance of 43.78 feet; Thence, continuing along said Westerly right of way line,the following courses: 71. North 50°13'35" West, 151.75 feet, 72. North 32°53'02" East, 29.28 feet, 73. North 43°27'24" West, 460.40 feet, 74. North 55°36'49" West, 205.91 feet, 75. North 48°36'42" West, 164.51 feet, 76. North 74°14'12 West, 92.30 feet, 77. North 60°07'02" West, 80.89 feet, 78. North 10°01'46" West, 184.66 feet, 79. North 4711'44" West, 117.98 feet, 80. South 64035'48" West, 194.70 feet, 81. North 42030'16" West, 102.25 feet, 82. North 44043'52" West, 72.77 feet, 83. North 49053'00" West, 207.60 feet, 84. North 49°53'30" West, 119.67 feet, 85. North 35°33'50" West, 212.42 feet, 86. North 59°14'30" West, 393.55 feet, 87. North 38°19'00" East, 117.07 feet, 88. North 52°09'00" West, 297.56 feet,to a point on the Easterly right of way line of San Jacinto Avenue; 89. Thence, continuing along said Westerly right of way line,North 13°21'42" East, 73.82 feet; 90. Thence, continuing along said Southerly right of way line, North 41°14'13" West, 169.66 feet; Page 5 of 11 Attachment A to Ordinance 362 Legal Description and Map 91. Thence, continuing along said Westerly right of way line,North 50°34'40" West,400.00 feet, to the beginning of a tangent curve concave Southerly having a radius of 1520.00 feet; 92. Thence, continuing Northerly, along said Westerly right of way line, and along said 1520.00 foot radius curve,through a central angle of 20°23'40", an arc distance of 541.04 feet; Thence, continuing along said Westerly right of way line, the following courses: 93. North 70°58'20" West, 30.00 feet, 94. North 54°30'47" West, 149.44 feet, 95. North 29°36'29" West, 400.00 feet, 96. North 49°09'23" West, 355.04 feet, 97. North 39°10'48" West,223.70 feet, 98. North 45°10'18" West, 150.15 feet, 99. North 52023'20" West, 552.04 feet, 100. North 45038'15" West, 1463.22 feet, 101. North 32°42'20" West, 102.38 feet, 102. North 46042'50" West, 871.19 feet, to a point on the Easterly right of way line of Graves Creek Road; 103. Thence,North 45°09'42" East, 42.83 feet, to the beginning of a non-tangent curve concave Westerly having a radius of 320 feet; 104. Thence, continuing along said Westerly right of way line, Northerly, along said 320 foot radius curve through a central angle of 45°58'47" an arc distance 256.80 feet, to a point of reverse curvature in beginning of a tangent curve concave Northeasterly having a radius of 13080 feet; 105. Thence, continuing along said Westerly right of way line,Northerly, and along said 13080 foot radius curve through a central angle of 06020'l 8", an arc distance of 1446.97 feet; 106. Thence, continuing along said Westerly right of way line,North 29°34'39" West, 815 feet, more or less,to a point on the Westerly prolongation of the Southerly line of Lot 9 of Block 23 of Atascadero Colony per map recorded in Book AC3 of Maps, at page 26, San Luis Obispo County Records; 107. Thence,North 64055'13" East, along said Westerly prolongation, and along said Southerly line, 504 feet,more or less,to a point on said Westerly right of way line of El Camino Real; 108. Thence,North 25°04'31" West, along last said Westerly right of way line, 1100 feet, more or less, to a point on the Northerly right of way line of Del Rio Road; 109. Thence, South 62°59'36" West, along last said Northerly right of way line, 50.01 feet; Page 6 of 11 Attachment A to Ordinance 362 Legal Description and Map 110. Thence, continuing along said Northerly right of way line, South 80023'06" West, 179.30 feet, to a point shown as being 250 feet right, from Station 139+50, per said Right of Way Maps for State Hwy. 101, at Post mile 48.3; 111. Thence, South 70°00'13" West, across said State Hwy. 101, a distance of 505 feet, more or less,to a point on said Westerly right of way line of State Hwy. 101 shown as being 250 feet left, from Station 140+25; Thence, continuing along said Westerly right of way line, the following courses: 112. North 21°01'34" West, 201.56 feet, 113. North 05'32'19" East, 90.14 feet, 114. North 12°46'29" West, 207.42 feet, 115. North 25°17'20" West, 600.75 feet, 116. North 29042'30" West, 200.00 feet, 117. North 39°38'00" West, 203.03 feet, 118. North 23001'10" West, 352.40 feet,to the beginning of a non-tangent curve concave Easterly having a radius of 3090.00 feet. A radial line, from last said point to the center of said 3090.00 foot radius curve bears North 56°42'22" East; 119. Thence, Northerly, along said 3090.00 foot radius curve, through a central angle of 19053'43", an arc distance of 740 feet,more or less,to the Southeasterly corner of that certain parcel of land currently identified by Assessor's Parcel No. 049-092-035, which point is situated on the Southerly line of Lot 13 of Block 48 of said Atascadero Colony; 120. Thence, Westerly, along said Southerly line of Lot 13, and along the Southerly line of said APN 094-092-035, a distance of 170 feet, more or less, to a point on the Easterly right of way line of San Ramon Road; 121. Thence,North 18'12' West, along said Easterly right of way line, 170 feet, more or less,to the beginning of a non-tangent curve, concave Easterly, having a radius of 970.32 feet; 122. Thence, continuing along said Easterly right of way line,Northerly along said 970.32 foot radius curve,through a central angle of 20'53'12", an arc distance of 364.66 feet; 123. Thence, continuing along said Easterly right of way line,North 5°07'08" East, 389.38 feet, to the Northwesterly corner of that certain parcel of land identified by Assessor's Parcel No. 049-092-036; 124. Thence, at right angles, South 84°52'52" East, along the Northerly line of said APN 049- 092-036, a distance of 10 feet,more or less,to a point on said Westerly right of way line of State Highway 101; 125. Thence, continuing along said Westerly right of way line,North 12016'48" West, 66.88 feet to an angle point in said Westerly right of way line; Page 7 of 11 Attachment A to Ordinance 362 Legal Description and Map 126. Thence, continuing along said Westerly right of way line, North 01007'08" East, 685 feet, more or less, to a point on the Southerly right of way line of Santa Cruz Road; 127. Thence,North 86°15'East, along last said Southerly right of way line, 944 feet,more or less, to the Northeasterly corner of Lot 17A, of Block 49 of said Atascadero Colony; 128. Thence, South 33°13' East, along the Northeasterly line of said Lot 17A, and along the Northeasterly lines of Lots 19 through 24 of said Block 49, a distance of 1862 feet, more or less,to the Easterlymost corner of said Lot 24, which point is situated on the Northerly right of way line of Carrizo Road; 129. Thence, Southeasterly across said Carrizo Road, 40 feet, more or less,to the Northerlymost corner or Lot 25, of said Block 49; 130. Thence, Westerly and Southerly, along said Northerly right of way line of Obispo Road, and along the Westerly right of way line of said Obispo Road, and the Southerly prolongation thereof, 586 feet, more or less, to a point on the Southerly right of way line of said Del Rio Road; 131. Thence, Easterly, along last said Southerly right of way line, 202 feet, more or less, to the Northeasterly corner of Lot 6 of Block 22, of said Atascadero Colony; 132. Thence, South 30°08' East, along the Northeasterly line of said Lot 6, and along the Northeasterly lines of Lots 8 through 16, and Lot 18 of said Block 22, a distance of 2249 feet, more or less, to the Easterlymost corner of said Lot 18, which point is situated on the Northwesterly right of way line of San Benito Road; 133. Thence, South 38° East, across said San Benito Road, 40 feet, more or less, to the Northeasterlymost corner of Lot 91 of Block 19, of said Atascadero Colony, which point is situated on the Southeasterly right of way line of said San Benito Road; 134. Thence,Southwesterly, along said Southeasterly right of way line, 895 feet,to a point on the said Easterly right of way line of El Camino Real; 135. Thence, Southerly, along said Easterly right of way line, 2934 feet, more or less, to the Westerlymost corner of Lot 105 of said Block 19 of said Atascadero Colony; 136. Thence,North 37°East,along the Northwesterly line of said Lot 105, a distance of 1012 feet, more or less, to the Northerlymost corner of said Lot 105; 137. Thence, South 45°54'40" East, along the Northeasterly line of said Lot 105, and along the Northeasterly line of Lot 106 of said Block 19, a distance of 410 feet,more or less,to a point on the Northwesterly right of way line of San Anselmo Avenue; 138. Thence, South 29° East, across said San Anselmo Avenue, 87 feet, more or less, to the Northerlymost corner of Lot 17D of Block N-C Amendment D to Atascadero, per map Page 8 of 11 Attachment A to Ordinance 362 Legal Description and Map recorded in Book 4 of Maps, at Page 62A, San Luis Obispo County Records, which point is situated on the Southeasterly right of way line of said San Anselmo Avenue; 139. Thence, South 5°16' East, along last said Southeasterly right of way line, 993 feet, more or less,to the Northwesterly corner of Lot 61 of said Block N-C,which point is situated on the Southerly right of way line of Cayucos Avenue; 140. Thence, South 84°44'East,along said Southerly right of way line of Cayucos Avenue, 175.78 feet, to an angle point in said Southerly right of way line; 141. Thence, continuing along said Southerly right of way line,North 35°56' East, 185 feet, more or less, to an angle point in said Southerly right of way line, which point is also the Northerlymost corner of Lot 62G of said Block N-C; 142. Thence, Southeasterly, along the Southwesterly right of way line of said Cayucos Avenue, 249 feet,more or less,to an angle point in said Southwesterly right of way line which point is situated in the intersection of said Cayucos Avenue and Valdez Avenue; 143. Thence, continuing along said Southwesterly right of way line, Southeasterly, 525 feet,more or less, to the Easterlymost corner of Lot 63 of said Block N-C, which point is situated on the Northwesterly right of way line of Hermosillo Avenue; 144. Thence, South 64° East, across said Hermosillo Avenue, 40 feet, more or less, to the Northerlymost corner of Lot 64D of said Block N-C; 145. Thence, continuing along said Southwesterly right of way line of Cayucos Avenue, South 64°04' East, along the Northeasterly line of said Lot 64D, a distance of 122.47 feet, to the Easterlymost corner of said Lot 64D; 146. Thence, South 36°37' West, along the Southeasterly line of said Lot 64D and along the Southeasterly lines of Lots 64E through 64H of said Block N-C, a distance of 320.61 feet, to the Southerlymost corner of said Lot 64H; 147. Thence, South 34047' East, along the Northeasterly lines of Lots 65G through 65M of said Block N-C, a distance of 305.53 feet,to the Northwesterly corner of Lot 65F of said Block N-C; 148. Thence,North 79°31' East, along the Northerly lines of Lots 65B through 6517of said Block N-C, a distance of 362.45 feet, to the Northeasterly corner of said Lot 65B; 149. Thence, South 52°53' East, along the Northeasterly lines of Lots 70B through 70F of said Block N-C, a distance of 357.98 feet,to the Northerlymost corner of Lot 70A of said Block N-C; 150. Thence, South 43°50' East, along the line common to those two certain adjoining parcels currently identified by Assessor's Number 029-272-012 and 029-272-017,which are portions Page 9 of 11 Attachment A to Ordinance 362 Legal Description and Map of said Lot 70A of Amendment B,and Lot 44C of Amendment P,to Atascadero, 184.09 feet, to a point on the Northerly right of way line of San Jacinto Avenue; 151. Thence, South 55° East, across said San Jacinto Avenue, 71 feet, more or less, to the Northeasterly corner of Lot 17 of Block P-A, of said Map of Atascadero, which point is situated on the Southerly right of way line of said San Jacinto Avenue; 152. Thence, Southwesterly, along last said Southerly right of way line, 245 feet, more or less, to the Northwesterly corner of said Lot 17,which point is situated on the Northeasterly right of way line of Olmeda Avenue; 153. Thence, Southeasterly, along last said Northeasterly right of way line, and along the Southwesterly line of said Block P-A, 2605 feet, more or less, to a point on the Westerly right of way line of Rosario Avenue, which point is the Southeasterly corner of Lot 1 of Block N-A, per said Map of Atascadero; 154. Thence,Northerly, along the Easterly line of said Block N-A, and along the Easterly line of Blocks P-A, M-A of said Map of Atascadero, and along the Easterly line of Block E-A of said Amended Map of Atascadero, and along said Westerly right of way line of Rosario Avenue, a distance of 2936 feet, more or less, to the Southeasterly corner of Lot 6 of said Block E-A, which point is situated on the Westerly right of way line of Gancho Avenue; 155. Thence,Northerly, along the Easterly line of said Lot 6, and along the Easterly lines of Lots 7 through 10A of said Block E-A, and along the said Westerly right of way line of Gancho Avenue, 846 feet,more or less,to the Northeasterlymost corner of said Lot 10A,which point is an angle point in said right of way line of Gancho Avenue; 156. Thence, Westerly, along the Southerly right of way line of said Gancho Avenue, and along the Northerly line of said Lot 10A,and along the Northerly line of Lot 11 of said Block E-A, a distance of 343 feet, more or less,to the Northwesterly corner of said Lot 11, which point is situated on the Easterly right of way line of Dulzura Avenue; 157. Thence, Westerly, across said Dulzura Avenue, 40 feet, more or less, to the Northeasterly corner of Lot 16 of Block F-A, of said Map of Atascadero, which point is situated on the Westerly right of way line of said Dulzura Avenue; 158. Thence, Westerly and Northerly, along said Westerly right of way line of Gancho Avenue, and along the Northerly line of said Lot 16, and along the Easterly line of Lot 17 of said Block F-A, a distance of 388 feet, more or less, to the Northeasterly corner of said Lot 17, which point is situated on the Southerly right of way line of Dolores Avenue; 159. Thence, Westerly, along said Southerly right of way line of Dolores Avenue, 802 feet,more or less,to a point on the Northwesterly right of way line of San Jacinto Avenue; 160. Thence,Northeasterly, along said Northwesterly right of way line of San Jacinto Avenue, 1215 feet, more or less,to a point on the Southwesterly right of way line of Estrada Avenue; Page 10 of 11 Attachment A to Ordinance 362 Legal Description and Map 161. Thence,Northwesterly, along said Southwesterly right of way line of Estrada Avenue, 1886 feet, more or less,to a point on the Easterly right of way line of said San Anselmo Avenue; 162. Thence, Westerly, across said San Anselmo Avenue, 51 feet, more or less, to the Southerlymost corner of Lot 1, of Block 19 of said Atascadero Colony per map recorded in Book AC3, of Maps at page 20, which point is situated on the Northwesterly right of way line of said San Anselmo Avenue; 163. Thence,Northeasterly, along said Northwesterly right of way line of San Anselmo Avenue, 476 feet, more or less,to a point on the Northeasterly right of way line of Separado Avenue, 164. Thence, Southeasterly, along said Northeasterly right of way line, 2406 feet, more or less, to a point on the Northerly right of way line of said San Jacinto Avenue, being at this location a 50 foot wide right of way; 165. Thence, Easterly, along said Northerly right of way line of said San Jacinto Avenue, a distance of 461 feet, more or less, to a point on the Southwesterly right of way line of said Southern Pacific Railroad; 166. Thence, Southeasterly, along said Southwesterly right of way line, 5 feet, more or less, to a point on said Northerly right of way line of San Jacinto Avenue, being at this location a 40 foot wide right of way; 167. Thence, continuing along said Northerly right of way line, Easterly, along said Northerly right of way line, 155 feet, more or less,to the POINT OF BEGINNING. Page 11 of 11