July 31, 2002
Contact: Babak Naficy, EDC (805) 781-9932

EDC AND ECOSLO CHALLENGE CHANGES TO ATASCADERO GENERAL PLAN

City of Atascadero Fails to Consider Effects on Drinking Water, Sensitive Habitats, Schools and Traffic

ATASCADERO, CA - On July 26, 2002, the Environmental Defense Center (EDC) filed a lawsuit on behalf of the Environmental Center of San Luis Obispo (ECOSLO) in San Luis Obispo Superior Court, challenging the City of Atascadero's adoption of amendments to its General Plan. ECOSLO's lawsuit contends that the Environmental Impact Report (EIR) for the General Plan Amendments must be set aside because the City's analysis of the project's impacts on drinking water, schools, sensitive biological habitats and traffic were inadequate under the California Environmental Quality Act (CEQA). ECOSLO also objected to the General Plan Amendments on the grounds that the City failed to make its objectives clear or to adequately analyze whether any more environmentally sensitive options would have been appropriate. Finally, ECOSLO contends that the EIR and the Updated General Plan failed to accurately estimate the likely population growth caused by the General Plan revisions.

The General Plan Amendments approved by the City will result in many significant changes in Atascadero that will likely result in significant population growth, additional density, school overcrowding, degradation of sensitive biological habitats and unmitigated traffic. The EIR, which will open the door to many large scale residential developments, fails to discuss the impact of providing water to all the new projects, providing sewer service in rural areas, or the impact of the additional developments and population on schools and traffic. One of the biggest problems with the project EIR is that the population projections grossly underestimate the likely population spikes that will be caused by the additional development. One the most controversial aspects of the project is a provision that will allow the construction of a second legal unit on lots 1-1.5 acres in size. This provision, which was originally dubbed as a "pilot project" by the City, in time will likely result in large and whole-scale construction of second units through out the City, easily doubling the City's density and population.

"Atascadero's General Plan Amendments are deficient in many areas," said Pamela Marshall Heatherington, Executive Director of ECOSLO. "Under the California Environmental Quality Act, the City has to do a better job."

Babak Naficy, EDC staff attorney, echoed Heatherington's sentiments: "We are very concerned that the City has tried to get around the requirements of CEQA. ECOSLO has found some very legitimate problems with the manner in which the City went about its environmental review, and we are confident that the judge will agree."

The Environmental Center of San Luis Obispo is a non-profit public benefit organization dedicated to protecting and enhancing the natural environment and human well-being through community based action, advocacy, and education. Responsible land use planning is an important aspect of ECOSLO's environmental focus. Since 1977, the Environmental Defense Center has been serving California's Central Coast as the only nonprofit, public interest environmental law firm between Los Angeles and San Francisco. EDC represents citizen groups and educates the community on issues involving water quality and watersheds, biodiversity and endangered species, environmental health and justice, land use and open space, offshore oil and gas, and access to public lands. For more information, contact EDC at (805) 781-9932 or visit www.edcnet.org.

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