HomeMy WebLinkAboutItem 09 - COUNCIL READING FILE_b_Exhibit A to the Resolution - Findings of Fact and Statement of Overriding ConsiderationsFindings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
1
SECTION 1. ENVIRONMENTAL DETERMINATION
The City Council of the City of San Luis Obispo (City) considers and relies on the Final Environmental
Impact Report (EIR; State Clearinghouse Number 2017071033) for the proposed Froom Ranch Specific
Plan (FRSP; Project) in determining to approve the Project and adopt the Specific Plan. The FRSP
includes a General Plan Amendment, Pre-Zoning, a Vesting Tentative Tract Map (VTTM), and
annexation of the site to the City to allow for development of the 116.8-acre site, as described in the 2020
Draft Specific Plan available for review on the City’s website:
https://www.slocity.org/Home/ShowDocument?id=27530
The Final EIR consists of the Draft EIR with changes in response to public comments, written responses
to comments received on the Draft EIR, identification of persons and agencies that commented on the
Draft EIR, a Mitigation Monitoring and Reporting Program (MMRP), and technical appendices. The City
Council has received, reviewed, considered, and relied on the information contained in the Final EIR, as
well as information provided at hearings and submissions of testimony from official participating
agencies, the public, and other agencies and organizations.
Section 15091 of the State CEQA Guidelines (14 California Code of Regulations [CCR]) and Section
21081 of the Public Resources Code require a Lead Agency to adopt findings for each significant
environmental impact disclosed in an EIR. Specifically, for each significant impact, the Lead Agency
must find that:
Changes or alterations have been required in, or incorporated into, the project to avoid or
substantially lessen the significant environmental effects identified in the Final EIR;
Such 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 that agency; or
Specific economic, social, legal, technological, or other considerations, including provision of
employment opportunities for highly trained workers, make the mitigation measures or project
alternatives identified in the Final EIR infeasible.
The California Code of Regulations, Title 14, Section 15091(b) requires that the City’s findings be
supported by substantial evidence in the record. Accordingly, the Lead Agency’s record consists of the
following:
Documentary and oral evidence, testimony and staff comments and responses received and
reviewed by the Lead Agency during public review and the public hearings on the Froom Ranch
Specific Plan Project.
The City of San Luis Obispo Froom Ranch Specific Plan Final Environmental Impact Report
(July 2020).
The EIR, FRSP, and other portions of the administrative record are available for review at:
City of San Luis Obispo
Community Development Department
919 Palm Street
San Luis Obispo, CA 93401
Contact: Shawna Scott
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
2
(805) 781-7176
In addition to making a finding for each significant impact, if the Lead Agency approves a project without
mitigating all the significant impacts, it must prepare a statement of overriding considerations, in which it
balances the benefits of the project against the unavoidable environmental risks. The statement of
overriding considerations must explain the social, economic, or other reasons for approving the project
despite its environmental impacts (14 CCR 15093, Pub. Res. Code 21081).
This document contains the findings and statement of overriding considerations for the approval of the
FRSP and reflects the City’s independent judgment. This document incorporates by reference the Final
EIR.
Having received, reviewed and considered the foregoing information, as well as all information in the
record, the City Council of the City of San Luis Obispo hereby makes these Findings pursuant to, and in
accordance with, Section 21081 of the Public Resources Code.
SECTION 2. PROJECT DESCRIPTION
A. PROJECT OBJECTIVES
As required by the City General Plan, the FRSP contains policies and standards that will facilitate
appropriate development of land, protection of open space, and provision of adequate public facilities
within the Specific Plan area. The overall objective of the FRSP is to adopt a Specific Plan for the Project
site, as required by the City General Plan. The EIR objectives for the FRSP include:
1. Development of a mix of uses while protecting sensitive environmental resources and maintaining
public views of the Irish Hills.
2. Provision of a range of housing options, including workforce housing, senior housing, and
inclusionary housing.
3. Development of an economically feasible, healthy, safe, and secure Life Plan Community that will
serve residents 60 years of age and over.
4. Development of multi-family housing, including housing consistent with the adopted City
Inclusionary Housing Requirements in effect at the time of the Specific Plan adoption.
5. Provision of commercial retail uses that complement residential uses and facilitate pedestrian
and bicycle access.
6. Provide site hydrology design to improve stormwater conveyance and management, provide a
restored riparian creek corridor, and enhance fishery habitat and biological resource value.
7. Development of a public park that includes access and connection to existing trails in the Irish
Hills Natural Reserve and proposed trails within the Specific Plan area.
8. Reconstruction, rehabilitation, and adaptive reuse of architecturally significant historic
structures within a public park, in a setting and configuration that retains historic integrity, while
avoiding seismic impacts.
9. Establishment of a cohesive transportation and circulation network of collector and residential
roads, bicycle lanes, transit opportunities, and pedestrian sidewalks that is integrated with and
enhances the regional transportation system.
10. Incorporation of sustainability measures that meet or exceed the requirements of the California
Building Standards Code (Title 24) and California Energy Code (Part 6) in effect at the time of
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
3
construction, as well as provide onsite renewable energy facilities and Electric Vehicle (EV)
charging infrastructure in all land use types.
11. Avoidance of impacts to sensitive plant and wildlife species, such as the state and federally
endangered Chorro Creek bog thistle (Cirsium fontinale var. obispoense).
B. PROPOSED PROJECT
The City Council authorized initiation of the Draft FRSP on April 5, 2016 and a Draft FRSP was finalized
in July 2017. The 2017 Draft FRSP is evaluated in Section 3.0, Environmental Impact Analysis of the
Final EIR. However, as part of the City’s initiation, the City Council required that the EIR also evaluate
an feasible “actionable” alternative that would locate all proposed development below the 150-foot
elevation line to be consistent with City General Plan Land Use Element (LUE) Policy 6.4.7(H), Hillside
Planning Areas. The actionable alternative, referred to as Alternative 1– Clustered Development Below
the 150-foot Elevation Alternative, is described in Chapter 5, Alternatives of the Final EIR. Based on the
analysis of both the originally proposed project, referred to hereafter as the 2017 Draft FRSP, and
Alternative 1, JM Development Group, Inc. (Applicant) now seeks approval and adoption of a revised
Alternative 1 as the proposed FRSP as amended in response to the Final EIR and these Finding by the
City.
The “Applicant-Revised Alternative 1” (hereafter referred to as the “Project”) consists of a General Plan
Amendment, Pre-Zoning, VTTM, and annexation of the site to the City. The Project would develop
Villaggio, a senior Life Plan Community, and Madonna Froom Ranch, a multi-family residential
community with a public park and commercial uses (see Table 1 and Figure 1). The Project continues to
include a request for a General Plan Amendment to allow development above the 150-foot elevation, as
described further below.
Similar to Alternative 1, the Project’s proposed land use plan would substantially reduce the area of
disturbance and development compared to the Draft FRSP analyzed in the Final EIR, including
substantially reducing residential and commercial land uses in areas of the site above the 150-foot
elevation line (see Figure 1). Development would only exceed the 150-foot elevation line within the
Madonna Froom Ranch portion of the Project site where residential and public park uses would replace
the existing red rock quarry and related disturbed areas. Overall developed area would decrease by 8.2
acres as compared to the Draft FRSP analyzed in the EIR, and more than 6.1 additional acres within the
Upper Terrace area of Villaggio would remain as designated open space, substantially reducing direct and
indirect disturbance of habitats and natural resources in this area. Similar to Alternative 1, the Project
includes construction of up to 578 residential units (31.0 acres), 100,000 square feet of commercial
development (3.0 acres), 3.5 acres of public facilities (P-F-SP), and 5.9 acres of other (roads), with 66.2
acres preserved for conservation and open space (C/OS-SP) uses (see Table 1).
Table 1. Summary of Project Zoning and Land Uses
Proposed Zones Acreage Density Housing
Units/ sf
VILLAGGIO
R-3-SP Medium-High Density Residential
23.0
13-20
dwelling
units/acre
404 units/ 51 beds
Independent Living Units 366 units
Assisted Living Units 38 units
Health Care Units (Skilled Nursing & Memory Care) 51 beds
Ancillary Uses (recreation center, restaurants, theaters, etc.). 67,485 sf
MADONNA FROOM RANCH
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
4
Proposed Zones Acreage Density Housing
Units/ sf
R-3-SP Medium-High Density Residential 6.2 13-20 dwelling
units/acre 130 units
R-4-SP High Density Residential 1.8 21-24 dwelling
units/acre 44 units
C-R-SP Retail-Commercial 3.0 100,000 sf1
Hotel with Restaurant 70,000 sf
Other Commercial 30,000 sf
PF-SP Public Facilities 3.6 --
ADDITIONAL USES
C/OS-SP Conservation/ Open Space 66.2 --
Designated Open Space 58.4 --
Reconfigured Agricultural Easement 7.8 --
Roadways 5.9 --
TOTAL 109.7
578 units/51
beds2
100,000 sf
commercial
1 Consistent with LUE range of 50,000-350,000 square feet of commercial development.
2 Total exceeds maximum 350 units as allowed in Section 8.1.5 of the General Plan LUE consistent
with guidance that maximizing housing units is consistent with City goals.
In addition, the Project would include the following features, which were either previously required as
mitigation for significant impacts identified for the Draft FRSP as analyzed in the Final EIR or have been
included as design features to enhance consistency with applicable plans and policies. More specifically,
the following features have been included as aspects of the Project to reduce or avoid impacts attributed
to development above the 150-foot elevation line in the Upper Terrace of Villaggio:
Consistent with Alternative 1, nearly all new urban development would occur below the 150-foot
elevation line. Nearly all residential land uses under the Project would be relocated to areas
within the Project site that are primarily below the 150-foot elevation line and all development
within the sensitive and resource-rich Upper Terrace would be avoided. The only development
that would occur above the 150-foot elevation line would be the proposed public trailhead park
containing four historic Froom Ranch Dairy Complex structures and approximately 0.8 acres
(34,727 square feet) of R-3- SP (Medium-High Density Residential). This would restrict
development to roughly 40 percent of the site.
Similar to Alternative 1, development would be clustered within the Lower Area of Villaggio and
Madonna Froom Ranch. Overall building density in developed areas of the site would increase to
accommodate the same capacity for development as the Project but within a smaller area.
Maximum heights of some buildings would increase by approximately one story.
o The Lower Area of Villaggio would remain designated R-3-SP but development of
buildings within the Lower Area would be reconfigured and some building heights and
sizes would increase by one story, including the Villaggio Commons buildings and the
proposed tower.
o Residential areas within Madonna Froom Ranch would remain designated R-3-SP and R-
4-SP and maximum residential density would remain at 20 dwelling units per acre for R-
3-SP designated uses and 24 dwelling units per acre for R-4-SP designated uses.
Emergency access would be provided via three different connections: 1) from the Irish Hills Plaza
into Madonna Froom Ranch; 2) from Los Osos Valley Road (LOVR) into Madonna Froom
Ranch via the main entry road; and 3) from LOVR to Villaggio across the realigned Froom Creek
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
5
and wetlands adjacent to LOVR. The emergency access road through the proposed drainage basin
on Mountainbrook Church property that was analyzed in Alternative 1 is not proposed for the
Project as the three proposed emergency access points would provide adequate access and
emergency response to the site and would avoid additional impacts to Froom Creek, onsite
jurisdictional drainages, and/or wetland areas.
The Project incorporates the requirements of Mitigation Measures (MM) BIO-13 into the
proposed land use plan, which was identified in the Final EIR to apply to both the Draft FRSP
and Alternative 1. The Project land use plan has been modified to maintain within a 300-foot
buffer on the centerline of the confluence of Drainages 1, 2, and 3 and the realigned Froom Creek
to maintain natural vegetation, ecological, hydrology, and wildlife connectivity between the Irish
Hills Natural Reserve and the Froom Creek corridor consistent with General Plan Conservation
and Open Space Element Policies 7.3.2, 7.3.3, and 7.7.7.
Similar to Alternative 1, the Project is proposed to be constructed in three phases. Phase 1 would involve
construction activities, including site preparation such as grading, realignment of Froom Creek, and
installation of roadways, utility infrastructure, and trails. Phase 2 would involve final grading and vertical
development of Villaggio in the Lower Area only, including construction of 404 R-3-SP Medium-High
Density Residential units, 366 of which would be independent living units and 38 would be assisted living
units. Construction of Villaggio in Phase 2 would also involve construction of an approximately 85,670-
square-foot health care administration building with 51 skilled nursing and memory care beds and 67,485
square feet of ancillary uses. Phase 3 would involve final grading and vertical development of Madonna
Froom Ranch, including extension of utilities and construction of up to 130 R-3-SP residential units, 44
R-4-SP residential units, and 100,000 square feet of C-R-SP Retail-Commercial. Construction is planned
to begin in 2021 and anticipated to be completed by 2025.
These elements of the Project are further described in the 2020 Draft FRSP. Because the Applicant seeks
approval of the Project as revised, rather than the 2017 Draft FRSP as originally proposed in the Final
EIR, the Findings below relate to revised Project.
The Draft EIR is available at the following link:
https://www.slocity.org/government/department-directory/community-development/documents-
online/environmental-review-documents/-folder-2018
The Final EIR is available at the following link:
https://www.slocity.org/government/department-directory/community-development/documents-
online/environmental-review-documents/-folder-2086
The proposed 2020 Draft FRSP is available at the following link:
https://www.slocity.org/Home/ShowDocument?id=27530
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
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Figure 1. Project Land Use Plan
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
7
SECTION 3. ENVIRONMENTAL IMPACT REPORT
A. BACKGROUND
The Final EIR was prepared in compliance with CEQA and the State CEQA Guidelines. In accordance
with Section 15121 of the State CEQA Guidelines, the purpose of the Final EIR is to serve as an
informational document for the public and City decision makers.
Pursuant to CEQA Guidelines Section 15182, “where a public agency has prepared an EIR on a specific
plan after January 1, 1980, a residential project undertaken pursuant to and in conformity to that specific
plan is exempt from CEQA,” as long as the residential project is within the scope of the EIR, no new or
more severe environmental effects would occur, and no new mitigation measures are required for the
residential project.
In accordance with Section 15105 of the State CEQA Guidelines, the Draft EIR was circulated for a 45-
day public review period that began November 8, 2019 and concluded on December 23, 2019. The City
held several Advisory Committee and Planning Commission Hearings on November 18, 2019, December
2, 2019, December 4, 2019, December 10, 2019, and December 11, 2019, to allow for Advisory
Committee, Planning Commission, and public review and comment on the Project and to receive public
testimony in the form of verbal comments on the Draft EIR.
Responses to each written and verbal comment that the City received are included in Section 8.0,
Response to Comments of Final EIR. The Draft EIR and Responses to Comments collectively comprise
the Final EIR for the Project.
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
8
B. IMPACT ANALYSIS
Five categories of impacts are identified in the EIR:
A beneficial impact would result when the proposed project would have a positive effect on the
natural or human environment and no mitigation would be required.
No impact would result when no change in the environment would occur; no mitigation would be
required.
A less than significant impact is an adverse impact that does not meet or exceed the applicable
significance criteria thresholds for a particular resource. Generally, no mitigation measures are
required for less than significant impacts; only compliance with standard regulatory conditions
would be required. However, mitigation may still be recommended should the lead or responsible
agency deem it appropriate to reduce the impact to the maximum extent feasible, as long as there
is rough proportionality between the environmental impacts caused by the project and the
mitigation measures imposed on the project.
A less than significant impact with mitigation is an adverse impact that would cause a substantial
adverse effect that meets or exceeds the applicable significance criteria thresholds for a particular
resource, but which can be reduced to a less than significant level through successful
implementation of identified mitigation measures.
A significant and unavoidable impact would cause a substantial adverse effect on the environment
that meets or exceeds the applicable significance criteria thresholds for a particular resource, and
no feasible mitigation measures would be available to reduce the impact to a less than significant
level.
Determinations of significance levels in the EIR are made based on impact significance criteria and State
CEQA Guidelines for each environmental resource.
SECTION 5. FINDINGS FOR LESS THAN SIGNIFICANT
ENVIRONMENTAL EFFECTS OF THE PROJECT
The findings below are for impacts that are adverse, but would not result in significant effects on the
natural or human environment.
The City Council concludes that the following impacts would result in adverse but less than significant
effects on the natural or human environment. The impacts identified in this section are considered in the
same sequence in which they appear in the Final EIR.
A. AESTHETICS AND VISUAL RESOURCES
1. Impact VIS-3: The Project would introduce a new source of nighttime light, impacting the quality of
the nighttime sky and increasing ambient light. New sources of nighttime light generated by the
Project would not substantially affect existing nighttime views due to light pollution generated by
surrounding development. Further, the Project would be regulated by outdoor lighting standards
consistent with the City’s Night Sky Preservation Ordinance and Community Design Guidelines
(Refer to Impact VIS-3, beginning on page 3.1-39 of the Final EIR).
a. Mitigation: None
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
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b. Finding: The City finds that the impact would have an adverse, but less than significant effect.
B. AGRICULTURAL RESOURCES
1. Impact AG-1: The Project would convert onsite Farmland of Local Potential and prime soils if
irrigated to non-agricultural uses. The Project site does not contain Prime Farmland, Unique
Farmland, or Farmland of Statewide Importance (Important Farmland), as shown on the maps
prepared pursuant to the Farmland Mapping and Monitoring Program (FMMP) of the California
Resources Agency. The loss of Grazing Land and Farmland of Local Potential is not considered a
significant impact under CEQA, nor under the City’s General Plan LUE. The Project site contains
approximately 43.9 acres of Cropley clay and 3.7 acres of Salinas silty clay loam soils (total 47.6
acres), which are considered to be prime soils if irrigated. A California Agricultural Land Evaluation
and Site Assessment (LESA) Model was prepared for the Project, resulting in a scoring decision of
less than significant. The Project is subject to the annexation approval jurisdiction of the San Luis
Obispo County Local Agency Formation Commission (LAFCO) and would be required to comply
with LAFCO’s Agricultural Policies, including substitution of any prime agricultural lands (per
Cortese-Knox-Hertzberg Act definitions) to be converted as a result of Project development.
Therefore, the Project would not convert Important Farmland or result in the significant conversion of
or prime agricultural soils (Refer to page Impact AG-1, beginning on page 3.2-16 of the Final EIR).
a. Mitigation: None
b. Finding: The City finds that the impact would have an adverse, but less than significant effect.
2. Impact AG-2: Implementation of the Project would create potential conflicts with existing
agricultural zoning. Development of the Project site would convert 116.8 acres of Agriculture, Rural
Lands, and Commercial Retail designated land uses to urban uses. This includes 58.4 acres of
Agriculture and Rural Lands designated land use that would be annexed and designated as Open
Space under the Project, making these areas not suitable for agricultural uses in the future. However,
the site is planned for urban development, public park, and open space uses in the City’s General Plan
LUE (Refer to Impact AG-2, beginning on page 3.2-19 of the Final EIR).
a. Mitigation: None
b. Finding: The City finds that the impact would have an adverse, but less than significant effect.
3. Impact AG-3: The Project would amend and adjust the boundary of an existing open space and
agricultural conservation easement to a location that would reduce the viability of agricultural
operations within the recorded easement area. Adjustment of the existing easement boundary would
effectively reduce the extent of lands dedicated to grazing uses, as livestock would not have the
ability to access or utilize the amended easement area after buildout of the Specific Plan area.
However, realignment of the easement would support conservation of habitat and biological
resources, particularly the protection of existing wetlands and would increase the total size of the
easement area from 7.1 acres to 7.8 acres, which is consistent with the terms of the easement and
would be a less than significant impact (Refer to Impact AG-3, beginning on page 3.2-20 of the Final
EIR).
a. Mitigation: None
b. Finding: The City finds that the impact would have an adverse, but less than significant effect.
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
10
4. Cumulative Agricultural Resources Impact: The Project would result in the incremental loss of
agricultural resources within the County, including the loss of Grazing Lands and loss of Farmland of
Local Potential, per the FMMP. However, the Project site does not contain prime agricultural
resources per the FMMP or the California Agricultural LESA Model and would be required to
comply with LAFCO’s Agricultural Policies, including substitution of any prime agricultural lands
(per Cortese-Knox-Hertzberg Act definitions) to be converted as a result of Project development.
Therefore, the Project would not contribute to the substantial loss of prime agricultural land within
the County and Project’s cumulative contribution to loss of agricultural resources would be less than
significant (Refer to Section 3.2.3.4 Cumulative Impacts, beginning on page 3.2-21 of the Final EIR).
a. Mitigation: None
b. Finding: The City finds that the impact would have an adverse, but less than cumulatively
significant effect.
C. AIR QUALITY AND GREENHOUSE GAS EMISSIONS
1. Impact AQ-3: Project development could result in the release of toxic diesel emissions or naturally
occurring asbestos during construction, which could expose sensitive receptors to emissions-related
health risks. There are no existing sensitive receptors on the Project site or vicinity that would be
significantly exposed to Project construction emissions and future sensitive receptors would be
protected from exposure to significant construction emissions through Project phasing. Proposed
areas of development within the Specific Plan area are also not located adjacent (i.e., within 500 feet)
to a freeway producing significant DPMs or a gasoline station (i.e., 50 feet). Therefore, impacts
would be less than significant (Refer to page 3.3-51 of the Final EIR).
a. Mitigation: None
b. Finding: The City finds that the impact would have an adverse, but less than significant effect.
D. GEOLOGY AND SOILS
1. Impact GEO-1: The Project would expose people or structures to adverse effects from earthquakes
and seismically induced hazards. A section of the Los Osos Fault runs through both the Madonna
Froom Ranch and Villaggio portions of the site. Based on the proposed land use plan, the Los Osos
Fault would cross residential (R-3-SP), open space (C/OS-SP), and public facility (PF-SP) land uses.
The FRSP incorporates the recommendations of the Subsurface Fault Investigation, including
development standards to ensure habitable structures (structures occupied more than 2,000 hours per
year) are constructed outside the recommended setbacks. Compliance with federal, state, and local
regulations, in addition to the recommendations of the Subsurface Fault Investigation and Preliminary
Engineering Geology Investigation would reduce the impacts associated with seismicity or
seismically induced hazards to a less than significant level (Refer to Impact GEO-1, beginning on
page 3.6-19 of the Final EIR).
a. Mitigation: None
b. Finding: The City finds that the impact would have an adverse, but less than significant effect.
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
11
2. Impact GEO-2: The Project has the potential to exacerbate potential soils hazards, including
expansive soils, differential settlement, and subsidence. Implementation of recommendations outlined
in the Preliminary Soils Engineering Report and the geotechnical recommendations included therein
would reduce impacts related to construction and operation of the Project on soils that are loose,
saturated, and expansive. Additionally, compliance with federal, state, and local regulations (i.e.,
International Building Code, California Building Code, the General Plan Safety Element, and the City
Municipal Code) would reduce impacts associated with expansive soils, differential settlement, and
subsidence as a result of the Project (Refer to Impact GEO-2, beginning on page 3.6-22 of the Final
EIR).
a. Mitigation: None
b. Finding: The City finds that the impact would have an adverse, but less than significant effect.
3. Impact GEO-3: The Project would potentially cause erosion, landslides, and rockfall. However,
potential for landslides to occur at the Project site is considered low, and slopes at the Project site are
generally stable. Further, the potential for rockfall within the proposed areas of development at the
site is considered low, especially since development within the Upper Terrace of Villaggio, where
slopes are steeper and less stable, would not occur under the Project. Implementation of
recommendations outlined in the Preliminary Soils Engineering Report and Preliminary Engineering
Geology Investigation would reduce impacts related to development of the Project on soils that are
steep and potentially unstable. Additionally, compliance with federal, state, and local regulations (i.e.,
International Building Code, California Building Code, the General Plan Safety Element, and the City
Municipal Code) would reduce impacts associated with erosion, landslides, and rockfall hazards
(Refer to Impact GEO-3, beginning on page 3.6-23 of the Final EIR).
a. Mitigation: None
b. Finding: The City finds that the impact would have an adverse, but less than significant effect.
4. Impact GEO-4: The Project would include subterranean parking in Villaggio and may require
groundwater dewatering in areas with high groundwater in the Lower Area. According to the
Project’s geology and soils reports, shallow groundwater levels were observed at a depth of 1.5 to 4.0
feet below ground surface. To limit potential for saturated soils or groundwater intrusion, the Project
would import engineered fill material to elevate the lower-elevation areas of the Project site to a
finished grade of at least one foot above the 100-year floodplain. Further, realignment of Froom
Creek and alteration of the 100-year floodplain would change the site topography to ensure
development avoids groundwater intrusion. Where necessary, the finished grade may be raised
several feet above the existing grade. Implementation of the above measures and compliance with
federal, state, and local regulations would reduce impacts associated with development on an area of
potential shallow groundwater (Refer to Impact GEO-4, beginning on page 3.6-25 of the Final EIR).
a. Mitigation: None
b. Finding: The City finds that the impact would have an adverse, but less than significant effect.
5. Cumulative Geology and Soils Impacts: The majority of structures on properties bordering the site
were constructed within the past 30 years, including the hotels along Calle Joaquin, Mountainbrook
Church, and Irish Hills Plaza. These structures were required to meet California Building Code
(CBC) standards to prevent them from hazardous conditions to public safety due to soil instability
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
12
during an earthquake. In accordance with the City Municipal Code and the General Plan Safety
Element, all discretionary development within the City, including cumulative development projects,
would be required to undergo analysis of each site’s geological and soil conditions prior to
construction. This analysis would include investigations of native soils onsite and the structural
stability of any proposed subterranean structures to ensure each individual project is designed and
engineered to withstand reasonably foreseeable seismic activity or unstable soil conditions and would
meet the most current and stringent building safety requirements. It is anticipated that the Project’s
contribution to cumulative impacts associated with seismic activity, soil instability, subsidence,
collapse, and/or expansive soil would be less than significant (Refer to Section 3.6.3.4 Cumulative
Impacts, beginning on page 3.6-28 of the Final EIR).
a. Mitigation: None
b. Finding: The City finds that the impact would have an adverse, but less than cumulatively
significant effect.
E. HAZARDS, HAZARDOUS MATERIALS, AND WILDFIRE
1. Impact HAZ-2: The Project would potentially expose persons to toxic, hazardous, or otherwise
harmful chemicals through accidental conditions involving the release of hazardous materials into the
environment. Ultimately, the existing Project site conditions and historical use for agricultural uses
(i.e., grazing) do not indicate that substantial safety risks from hazardous materials are present that
may be exacerbated. Additionally, implementation of the Project would not substantially increase the
risk from hazardous materials to the public within the Project site or within the surrounding area.
Compliance with standards and regulations would ensure that the risk of hazardous materials would
be reduced or eliminated (Refer to Impact HAZ-2, beginning on page 3.7-37 of the Final EIR).
a. Mitigation: None
b. Finding: The City finds that the impact would have an adverse, but less than significant effect.
2. Impact HAZ-3: The Project site is located within the Airport Land Use Plan (ALUP) Safety Areas
and would potentially result in an airport-related safety hazard for people residing or working in the
Project site. Although a small portion of residential and commercial uses in the northeastern corner of
the site are within Aviation Safety Sub-Areas S-1B and S-1C of the existing ALUP, developable land
uses proposed under the Project are largely located within Aviation Safety Area S-2, which generally
indicates areas of overhead aircraft turning movements. Further, the Airport Land Use Commission
conceptually reviewed the Project on April 19, 2017 and advised that the Project should comply with
Aviation Safety Area S-2 restrictions at a minimum. With compliance, no substantial physical airport-
related safety hazard would occur as result of Project implementation. Further, the Project would be
subject to review by the ALUC for consistency with the ALUP and Airport Safety Areas. With regard
to excessive airport noise, the Project site is outside of any ALUP noise contours and noise from
aircraft overflights do not generate excessive noise levels under current or projected airport operations
and would not substantially affect the health or safety of future Project residents (Refer to Impact
HAZ-3, beginning on page 3.7-40 of the Final EIR).
a. Mitigation: None
b. Finding: The City finds that the impact would have an adverse, but less than significant effect.
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
13
F. HYDROLOGY AND WATER QUALITY
1. Impact HYD-3: Operation of the Project would potentially impact water quality of Froom Creek and
San Luis Obispo Creek due to polluted urban runoff and sedimentation. The Project includes a
comprehensive stormwater management system with approximately five stormwater retention and
treatment areas on site, as well as the proposed LOVR and Home Depot ditches, which would capture
and bio-filter runoff before it enters Froom Creek or the Calle Joaquin wetlands. Additionally, the
proposed FRSP outlines best management practices (BMPs) which, once adopted, would guide
development of the Project to manage stormwater runoff consistent with City and Central Coast
Regional Water Quality Control Board (RWQCB) requirements. Upon compliance with the City’s
Storm Water Management Plan, Engineering Standards, General Plan, and City Municipal Code
requirements, as well as permitting requirements of the Central Coast RWQCB, adverse effects to
water quality from operation of the Project would be reduced to a less than significant level (Refer to
Impact HYD-3, beginning on page 3.8-37 of the Final EIR).
a. Mitigation: None
b. Finding: The City finds that the impact would have an adverse, but less than significant effect.
2. Impact HYD-4: The Project would involve development of new impervious surfaces and potentially
interfere with groundwater recharge. The proposed Project would relocate Froom Creek to the base of
the slope within the Project site and raise the ground surface to at least 1 foot above the 100-year
floodplain, which would eliminate the potential for the proposed development to encounter
groundwater resources. The higher site elevation would increase the depth to water below grade,
assuming the groundwater level elevation will be similar to the recent groundwater elevations.
Implementation of the Project would not substantially interfere with groundwater resources or impede
groundwater recharge (Refer to Impact HYD-4, beginning on page 3.8-38 of the Final EIR).
a. Mitigation: None
b. Finding: The City finds that the impact would have an adverse, but less than significant effect.
3. Cumulative Hydrology and Water Quality Impacts: The Project, through the proposed realigned
creek design and stormwater detention basin, would adequately attenuate all Project-related increases
in flood flows on- or offsite, such that significant flooding would not occur. Policies and design
measures of the proposed FRSP would reduce the Project’s contribution to potential cumulative
flooding impacts to the extent feasible, even such that peak flows experienced at the U.S. Highway
101 (U.S. 101) box culvert may be less than existing flood flows. Therefore, the Project’s
contribution to cumulative flood impacts would be less than significant.
The proposed Project, in conjunction with pending cumulative development, would not significantly
increase the concentration of urban pollutants in surface runoff or groundwater. Polluted runoff that
may be generated during construction activities of cumulative development and projects considered in
this analysis would be regulated by the State Water Resources Control Board (SWRCB) under
General Construction, National Pollutant Discharge Elimination System (NPDES) permits, and would
be minimized using standard construction BMPs. Cumulative impacts would therefore be less than
significant for water quality. With adherence to these regulatory standards, the cumulative
contribution from the Project would be less than significant (Refer to Section 3.8.3.4 Cumulative
Impacts, beginning on page 3.8-40 of the Final EIR).
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
14
a. Mitigation: None
b. Finding: The City finds that the impact would have an adverse, but less than cumulatively
significant effect.
G. LAND USE AND PLANNING
1. Impact LU-2: The Project would potentially be inconsistent with existing easements and setback
requirements onsite. Assuming compliance with existing policies and required findings that must be
met in order to approve an exception to established uses within designated setback areas, realignment
and revegetation of Froom Creek would be consistent with City setback policies. Amendment of the
7.1-acre easement would increase the area protected by the easement from 7.1 acres to 7.8 acres and
would continue to meet the objectives and LAFCO requirements of the 2010 Open Space and
Agricultural Conservation Easement agreement, which allows for conservation of habitat and
biological resources. Regarding the 2018 Memorandum of Option and easement rights, the Project
would entail purchase of easement rights within the Mountainbrook Church property to develop a
proposed stormwater detention basin. This action would be consistent with the Memorandum of
Option and easement rights currently held by the Madonna Family Trust (owner) and the
Mountainbrook Church. Regarding the 2001 Open Space Easement and 2010 Deed of Easement for
Ingress and Egress, based on the land use plan proposed under the FRSP, implementation of the
Project would not alter these existing easements (Refer to Impact LU-2, beginning on page 3.9-66 of
the Final EIR).
a. Mitigation: None
b. Finding: The City finds that the impact would have an adverse, but less than significant effect.
H. NOISE
1. Impact NO-2: Project construction activities (e.g., excavation, transportation of heavy equipment)
could result in exposure of sensitive receptors and buildings to excessive groundborne vibration.
Vibration levels experienced by offsite sensitive receptors would not exceed the threshold of 0.10
in/sec. These vibrations would be temporary and intermittent due to the nature of construction, and
would only occur during the hours of construction, generally 7:00 AM to 7:00 PM except for Sundays
and holidays. With regard to onsite sensitive receptors, because residential units would not be
developed within the Upper Terrace of Villaggio, heavy construction equipment would not pass
through occupied units in the Lower Area and potential impacts from construction-related vibration
on this population would not occur. While Villaggio would be occupied during construction of
Madonna Froom Ranch, vibration would be attenuated with the intervening distance and would be at
an imperceptible level at the location of proximate sensitive receptors (Refer to Impact NO-2,
beginning on page 3.10-30 and the Noise section, beginning on page 5-79 of the Final EIR).
a. Mitigation: None
b. Finding: The City finds that the impact would have an adverse, but less than significant effect.
2. Impact NO-3: Long-term operational noise impacts would include higher roadway noise levels from
increased vehicle traffic generated by the Project, Project operational noise, and exposure of future
residents to high noise levels that could result in the exceedance of thresholds in the City’s General
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
15
Plan Noise Element. However, the noise impacts from operation of the proposed development would
be typical of similar uses and would not constitute a substantial increase in ambient noise levels at
offsite locations and therefore would not exceed interior or exterior ambient noise thresholds at offsite
locations (Refer to Impact NO-3, beginning on page 3.10-31 of the Final EIR).
a. Mitigation: None
b. Finding: The City finds that the impact would have an adverse, but less than significant effect.
I. POPULATION AND HOUSING
1. Impact PH-1: Residential and commercial development associated with the Project would induce
population growth. The Project would not result in or substantially contribute to a significant housing
impact, or a related population impact, because the Project would be consistent with the LUE
projected population forecasts and with the residential unit growth requirements specified by LUE
Policy 1.10.2. Therefore, the Project would not induce substantial housing or population growth either
directly or indirectly (Refer to Impact PH-1, beginning on page 3.11-19 of the Final EIR).
a. Mitigation: None
b. Finding: The City finds that the impact would have an adverse, but less than significant effect.
2. Impact PH-2: The Project would provide additional housing for the City, assisting the jobs-to-
housing ratio. With 332 new jobs added to the City’s existing 54,132 jobs and 174 multi-family units
added to the existing 21,416 housing unit stock, the jobs-to-housing balance would be approximately
54,464 jobs to 21,590 housing units, or similarly remaining at 2.5 to 1. Given this negligible change
in the jobs-to-housing ratio, the Project would maintain the City’s current jobs-to-housing ratio of 2.5
to 1, ensuring consistency with Policy Land Use 1.5 (Refer to Impact PH-2, beginning on page 3.11-
21 of the Final EIR).
a. Mitigation: None
b. Finding: The City finds that the impact would have an adverse, but less than significant effect.
3. Impact PH-3: The Project would provide additional affordable housing for the City. The FRSP
includes policies that require the Applicant to provide for deed-restricted housing for low and
moderate-income households, consistent with the General Plan (Refer to Impact PH-3, beginning on
page 3.11-23 of the Final EIR).
a. Mitigation: None
b. Finding: The City finds that the impact would have an adverse, but less than significant effect.
4. Cumulative Population and Housing Impacts: The Project contribution of increased housing and
population would remain consistent with LUE and Housing Element policies and would not result in
significant cumulative population contribution. Further, existing LUE policies requiring that the City
manage its housing supply so that it does not exceed a growth rate of 1.0 percent per year, on average,
would help to ensure population growth does not exceed planned growth or result in significant
cumulative impacts associated with increases in population and housing within the City. Therefore,
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
16
cumulative impacts would be less than significant (Refer to Section 3.11.3.4 Cumulative Impacts,
beginning on page 3.11-23 of the Final EIR).
a. Mitigation: None
b. Finding: The City finds that the impact would have an adverse, but less than cumulatively
significant effect.
J. PUBLIC SERVICES AND RECREATION
1. Impact PS-1: The Project would increase demand on the San Luis Obispo Police Department
(SLOPD) for police protection services. Existing SLOPD staff levels are adequate to meet the
General Plan Safety Element standard of 30 percent available-time sworn officer objective for patrol
response. The City currently has a ratio of 1.30 officers per 1,000 residents. Based on the current City
population of 46,802, the addition of 1,231 residents as a result of implementation of the Project (total
population of 48,033) would incrementally reduce this ratio to 1.27. Therefore, the Project would not
reduce the available-time sworn officer objective below the General Plan Safety Element’s target
goal. In addition, measures have been included in the FRSP to decrease Project demand for police
protection services, which would help reduce any indirect impacts to City residents associated with
such increased demand and allow more flexibility for City allocation of resources (Refer to Impact
PS-1, beginning on page 3.12-15 of the Final EIR).
a. Mitigation: None
b. Finding: The City finds that the impact would have an adverse, but less than significant effect.
2. Impact PS-2: The Project would increase the demand on San Luis Obispo Fire Department (SLOFD)
and California Department of Forestry and Fire Protection (CALFIRE) for fire protection services and
create potential declines in firefighter-to-population ratios; however, the Project would be located
within the accepted response time performance area. Development of senior residential uses, which
are associated with higher than average calls for emergency medical service, would increase
emergency calls for service. The SLOFD currently anticipates adequate resources exist to serve the
Project consistent with its established 4-minute response time goal without the need for additional
personnel. Further, the SLOFD believes the Project would not result in a significant increase in
demand for fire or emergency response services, and that adequate resources and staff exist to serve
the proposed development (Refer to Impact PS-2, beginning on page 3.12-17 of the Final EIR).
a. Mitigation: None
b. Finding: The City finds that the impact would have an adverse, but less than significant effect.
3. Impact PS-3: The Project would generate increases in enrollment at public schools (especially C.L
Elementary and Laguna Middle Schools). Based on San Luis Coastal Unified School District
(SLCUSD) student generation rates used in the SLCUSD Enrollment Projections Capacity Analysis,
it is estimated that Project development would generate approximately 37 additional school‐age
children. All respective schools for each grade level would have remaining capacity to accommodate
an increase in student population from the Project, with the exception of Pacheco Elementary;
however, the SLCUSD currently requires all new residential and commercial development to pay
developer fees to offset potential impacts of increased enrollment on City school facilities
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
17
(Government Code Section 65996), which is considered to be full mitigation for potential impacts
(Refer to Impact PS-3, beginning on page 3.12-18 of the Final EIR).
a. Mitigation: None
b. Finding: The City finds that the impact would have an adverse, but less than significant effect.
4. Cumulative Public Services and Recreation Impacts: Public services within the Project vicinity
are primarily provided by the City, supplemented by interagency mutual aid agreements between
SLOFD and CALFIRE for fire protection services and a Memorandum of Understanding between
SLOPD, the County Sherriff’s Department, and Cal Poly’s California State University (CSU)-
operated University Police Department. The Project, in conjunction with approved, pending, or
proposed development projects in the City, proposed land use changes under the LUCE Update, and
associated population growth, would incrementally increase overall demand for public services
including fire protection, police protection, schools, and parks (Refer to Section 3.12.3.4 Cumulative
Impacts, beginning on page 3.12-25 of the Final EIR).
Police Services
Though the Project would not individually result in the demand for any new officers due to its
associated incremental increase in demand for service and existing sufficiency of services, the
Project, in addition to all cumulative development within the City, would contribute to the potential
increase in demand for added police staffing. However, as noted above, the City Council would
address SLOPD departmental budget, staffing, and equipment needs as part of the annual budgetary
process. This review allows SLOPD to determine whether any increases in police resources and
equipment is needed. The SLOPD is funded through general fund revenues generated by property,
sales, and transient occupancy taxes, all of which are expected to increase in proportion to new
development within the City. Such increases in revenues could be used to hire additional officers and
purchase equipment to maintain or improve SLOPD service levels over time to meet changing
demands, if determined appropriate by the City Council. The planned new or replaced police station,
though not directly attributed to an increase in demand for services, was identified as important by
City voters due to the age of the existing facility is anticipated to be completed in the near future and
may also help to accommodate these future cumulative demands. Therefore, the Project’s
contribution towards cumulative impacts would be less than significant for police services.
Fire Protection
The Project would be adequately served by existing fire protection facilities and services and the
Project’s contribution to cumulative impacts would not be considerable. However, as several future
developments in the City would be located in the vicinity of the Project, including the Avila Ranch
Development Plan and the San Luis Ranch Specific Plan, additional demands would be placed on the
SLOFD and the mutual aid agreement with CALFIRE. As indicated by the 2016 Fire Department
Master Plan, a fifth fire station in the southern portion of the City would be required to maintain
adequate fire protection services within the City under buildout of the LUCE Update. Upon
development of the fifth fire station, cumulative impacts to fire protection services on the southern
side of the City would continue to be less than significant. Further, an Interim Fire Station is planned
under the approved Avila Ranch Development Plan and would provide fire protection services within
the southern extent of the City until the fifth fire station becomes operational. Therefore, the Project
would not result in a cumulatively considerable contribution to impacts to fire protection services and
cumulative impacts would be less than significant.
Schools
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
18
Due to district budget constraints, new dwellings will have serious adverse consequences for school
staffing, facilities, and programs unless new development adequately mitigates the adverse impact on
school facilities. Mitigation in the form of development fees ($3.79 per square foot of residential
development and $0.61 per square foot of commercial development) is assessed with issuance of
construction permits. School district fees are collected by the City and used by the district to fund
school infrastructure needs. Given the payment of developer fees for school facilities under the
Project (which constitutes full mitigation pursuant to SB 50), the Project’s contribution to cumulative
impacts would not be considerable and potential cumulative impacts would be less than significant.
a. Mitigation: None
b. Finding: The City finds that the Project would have an adverse, but less than cumulatively
significant effect on police, fire protection, and school facilities and services.
K. UTILITIES AND ENERGY CONSERVATION
1. Impact UT-2: Project-related increases in water use would increase demand for the City’s potable
water supply. Using the Project’s Water Supply Assessment (WSA) to estimate total indoor water
demand for the proposed land uses and the WSA-estimated outdoor irrigation water demand values,
the total water demand of the Project is estimated at approximately 174.18 AFY. Based on these
water demand projections and assessment of available water supplies currently and in the future under
multi-year drought conditions, there would be a sufficient existing and future supply of water to meet
the Project's needs (Refer to Impact UT-2, beginning on page 3.14-33 of the Final EIR).
a. Mitigation: None
b. Finding: The City finds that the impact would have an adverse, but less than significant effect.
2. Impact UT-4: The Project would generate additional solid waste for disposal at the Cold Canyon
Landfill. The Project would contribute an estimated 6.7 tons per day of solid waste. Based on these
daily solid waste projections, the Project would contribute approximately 0.3 percent of the potential
daily waste capacity of Cold Canyon Landfill. Anticipated increases in waste generated at the Project
site would therefore comprise a nominal portion of excess capacity of existing solid waste facilities
and would not substantially affect the landfill’s capacity or ability comply with federal, state, or local
regulations (Refer to Impact UT-4, beginning on page 3.14-38 of the Final EIR).
a. Mitigation: None
b. Finding: The City finds that the impact would have an adverse, but less than significant effect.
3. Impact UT-5: The Project would result in an increase of energy consumption and requirement for
additional energy resources. Operation of the proposed Project is estimated to generate a new demand
for 128,574.7 therms per year of natural gas, 5,289.7 megawatt-hours per year of electricity, and
927,763.2 gallons per year of vehicle fuel. Based on this comparisons of the Project’s electricity and
natural gas demands with statewide, regional, and City demand, the proposed Project is anticipated to
be lower than City, County and state average energy demands and is not expected to result in the use
of a large amount of electricity, natural gas, or vehicle fuels in an unnecessary, wasteful, or inefficient
manner, nor would it affect regional supplies or peak/base periods of demand as the estimated energy
demand is typical for a Project of this size, and would result in a negligible increase in Citywide and
regional demands. The Project would also be required to comply with federal, state, and local
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
19
regulations, pertaining to improved energy efficiency and conservation in both Project construction
and operation, further reducing the Project’s potential to result in wasteful or inefficient use of energy
resources (Refer to Impact UT-5, beginning on page 3.14-40 of the Final EIR).
a. Mitigation: None
b. Finding: The City finds that the impact would have an adverse, but less than significant effect.
4. Cumulative Utility and Energy Conservation Impacts: Other than wastewater treatment, all
existing utilities systems have sufficient capacity to provide service to the Project site, as well as to
future development under the City General Plan buildout. Potential cumulative impacts to the City’s
wastewater collection, conveyance, and treatment system are discussed further in Section 6.
Implementation of this Project and other proposed or current projects would increase the cumulative
demand on utilities; however, these projects would be required to comply with standards for adequate
utilities set forth in the City’s General Plan, would be subject to City planning and review processes,
and would be required to pay development impact fees to offset any contribution to cumulative
impacts from utility infrastructure needs and service capacities. The Project would not result in any
significant or adverse cumulative effects on the supply of water and solid waste. The Project, along
with other cumulative development within the City and region, would be required to comply with
state and City requirements for implementing energy efficiency measures and help the City achieve
carbon neutrality by 2035, which would help to reduce inefficient or wasteful use of energy supplies
within existing and future development within the City. Project impacts to such utilities and facilities
would be less than significant.
The Project would result in considerable contributions to cumulatively significant impacts with regard
to the City’s wastewater collection, conveyance, and treatment system. Cumulative impacts to
wastewater facilities are described below under Section 6 (Refer to Section 3.14.3.4 Cumulative
Impacts, beginning on page 3.14-46 of the Final EIR).
a. Mitigation: None
b. Finding: The City finds that the impact would have an adverse, but less than cumulatively
significant effect on City water, solid waste, and energy resources and facilities.
L. MINERAL RESOURCES
1. Impact MN-1: Project implementation would result in the loss of the existing onsite red rock quarry
(Froom Ranch Pit). The Project would reclaim the existing quarry site consistent with the Surface
Mining and Reclamation Act (SMARA) permit reclamation plan (including grooming and reseeding
the area with pasture mix) and develop the area for park facilities, the relocated historic structures
within the Froom Ranch Dairy Complex, and medium-high density multi-family housing within the
Madonna Froom Ranch area of the site. Reclamation would occur during Phase 1 of Project
construction and, consistent with the quarry’s reclamation plan. The impact of the Project on
available resources within the region and state would be minimal. There is no current or expected
future red rock production from the 5.5-acre quarry, and further mining would be prohibited under the
Project following annexation to the City. Available acreage for onsite mineral production is 0.01
percent of the 40,895 acres available within the Production-Consumption Region for this resource,
which is a nominal loss of mineral production to local and state needs (Refer to Impact MN-1,
beginning on page 3.15-8 of the Final EIR).
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
20
a. Mitigation: None
b. Finding: The City finds that the impact would have an adverse, but less than significant effect.
2. Cumulative Mineral Resources Impacts: The City does not allow mineral resource extraction and
there are no other proximate active mines identified for future annexation into the City. The County’s
proposed mining designation amendments would adjust land use designations to reflect state-
designated regionally significant mineral resources and would help prevent closure and elimination of
these sites. The County’s Infrastructure and Facilities Capital Improvement Plan does not indicate
expectation of any projects that would impact availability of mineral resources or mineral resource
recovery sites. Therefore, the Project is not expected to result in significant cumulative impacts to
mineral resources or mineral resources (Refer to Section 3.15.3.4 Cumulative Impacts, beginning on
page 3.15-9 of the Final EIR).
a. Mitigation: None
b. Finding: The City finds that the impact would have an adverse, but less than cumulatively
significant effect.
SECTION 6. FINDINGS FOR SIGNIFICANT ENVIRONMENTAL
EFFECTS OF THE MITIGATED PROJECT ALTERNATIVE THAT HAVE
BEEN MITIGATED TO A LESS THAN SIGNIFICANT LEVEL
The findings below are for impacts that would result in potentially significant effects on the natural
and/or human environment, but could be reduced to a less than significant level through feasible changes
or alterations to the Project or implementation of mitigation measures. When approving a project with
impacts that are less than significant with mitigation, the decision-makers must make findings that
changes or alterations to the project have been incorporated that reduce the impacts to a less than
significant level.
This section presents the Project’s significant environmental impacts and feasible mitigation measures.
Section 15091 of the State CEQA Guidelines (14 California Code of Regulations [CCR]) and Section
21081 of the Public Resources Code require a Lead Agency to make findings for each significant
environmental impact disclosed in an EIR. Specifically, for each significant impact, the Lead Agency
must find that:
Changes or alterations have been required in, or incorporated into, the project to avoid or
substantially lessen the significant environmental effects identified in the Final EIR;
Such 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 that agency; or
Specific economic, social, legal, technological, or other considerations, including provision of
employment opportunities for highly trained workers, make the mitigation measures or project
alternatives identified in the Final EIR infeasible.
Each of these findings must be supported by substantial evidence in the administrative record. This
section identifies impacts that can be fully avoided or reduced to a less than significant level through the
incorporation of feasible mitigation measures into the Project. The impacts identified in this section are
considered in the same sequence in which they appear in the Final EIR. As discussed above, the Project
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
21
includes revisions to the proposed FRSP land use plan to become the Applicant-Revised Alternative 1. In
doing so, some aspects of certain mitigation measures become inapplicable. Where needed, required
mitigation measures have been amended with strikethrough and underline format to adjust the measures
to be applicable to the Project. Where changes have been made, a written justification has been provided
to document how the revised mitigation measure is equally as or more effective than the originally
proposed measure.
A. AESTHETICS AND VISUAL RESOURCES
1. Impact VIS-1: Project implementation would change views of scenic resources, including hillsides,
rock outcroppings, open space, and historic buildings, from an eligible State Scenic Highway or local
scenic roadway. The Project site is not clearly visible or is only intermittently visible for northbound
and southbound drivers as views of the lower elevation areas of the site from U.S. 101 are largely
obstructed by intervening development, vegetation, and topography. The impact on views from Los
Osos Valley Road (LOVR) and the LOVR Overpass would be substantial due to the potential loss of
vegetation currently providing visual shielding for the Project site, as well as the loss of distant views
of the Froom Ranch Dairy complex. Therefore, because LOVR and the LOVR Overpass are
considered scenic roadways by the City and the Project would expose viewers to a replacement of
open space and vegetation with urban development, the impact to scenic resources would be
potentially significant (Refer to Impact VIS-1, beginning on page 3.1-24 of the Final EIR).
a. Mitigation: The following mitigation measure is required to reduce impacts to scenic resources
viewed from an eligible State Scenic Highway or local scenic roadway as a result of development
of the Project.
- Mitigation Measure VIS-1. The Draft FRSP shall be revised to include the following
Landscape Screening Guidelines to provide effective screening of proposed structural
massing as experienced from public views along LOVR and the LOVR Overpass. The
Project landscape plan shall be prepared by a qualified landscape architect and include the
following:
1. Maximize protection of existing vegetation along the Project site boundary to provide
visual screening during Project construction and operation.
2. Retain existing vegetation fronting the Project site along LOVR to the greatest extent
feasible to screen construction activities.
3. Specify a plant palette and landscape plan that ensure a vegetated site boundary of
sufficient height and density to provide visual screening of the proposed development
from public views. Robust riparian planting shall be included in landscape plans to
achieve visual screening along the proposed realigned Froom Creek.
4. Native tree specimens and shrubs capable of reaching or exceeding the heights of the
adjacent proposed structures shall be planted along Project site boundaries visible
from public views.
5. Screening planting specimen selection and location shall emphasize the ability to
interrupt the contiguous massing of structures as experienced from area roadways and
scenic vistas. Spacing shall be sufficient to minimize views of structures within the
Project site.
6. Screening planting specimen selection shall emphasize the ability of planting species
to effectively establish and thrive over the life of the Project, such that smaller sizes
shall be considered rather than exclusively larger box sizes. Planting establishment
rates shall be considered but shall not preclude the use of slower-growing species,
such as coast valley oak and willows.
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
22
7. Native tree specimens capable of reaching or exceeding the heights of adjacent
structures shall be planted adjacent to multi-family and commercial structures located
within the interior of the Specific Plan area consistent with the specifications above.
8. A bond for screening landscaping and irrigation shall be provided to ensure
establishment of plantings. The bond shall be revoked upon satisfactory establishment
of screen planting vegetation according to the plan.
b. Finding: The City finds that the mitigation measure will reduce impacts to scenic resources viewed
from scenic highways or roadways to a less than significant degree.
B. AIR QUALITY AND GREENHOUSE GAS EMISSIONS
1. Impact AQ-1: The Project would result in potentially significant construction-related emissions,
including dust and air pollutant emissions. Modeled emissions for the Project were found to be above
SLO County APCD daily and Tier 1 and Tier 2 Quarterly thresholds for construction emissions of
Reactive Organic Gases (ROG) and nitrogen oxides (NOx), and above SLO County APCD Daily and
Tier 1 Quarterly thresholds for Diesel Particulate Matter (DPM) (Refer to Impact AQ-1, beginning on
page 3.3-27 of the Final EIR).
a. Mitigation: The following mitigation measures would reduce impacts associated with
construction air emissions to less than significant level.
— Mitigation Measure AQ-1. A Construction Activity Management Plan (CAMP) shall be
included as part of Project grading and building plans and shall be submitted to SLO County
APCD and to the City for review and approval prior to the start of construction. The plan
shall include but not be limited to the following elements:
1. A Dust Control Management Plan that encompasses the following dust control measures:
Reduce the amount of disturbed area where possible;
Water trucks or sprinkler trucks shall be used during construction to keep all areas of
vehicle movement damp enough to prevent dust from leaving the site and from
exceeding the APCD’s limit of 20 percent opacity for greater than 3 minutes in any
60-minute period. At a minimum, this would require twice-daily applications.
Increased watering frequency would be required when wind speeds exceed 15 miles
per hour (mph). Reclaimed water or the onsite water well (non-potable) shall be used
when possible. The contractor or builder shall consider the use of a SLO County
APCD-approved dust suppressant where feasible to reduce the amount of water used
for dust control;
All dirt stock-pile areas shall be sprayed daily as needed;
Permanent dust control measures identified in the approved Project revegetation and
landscape plans of any development within the Specific Plan area should be
implemented as soon as possible following completion of any soil disturbing
activities;
Exposed ground areas that are planned to be reworked at dates greater than one
month after initial grading shall be sown with a fast germinating native grass seed
and watered until vegetation is established;
All disturbed soil areas not subject to revegetation shall be stabilized using approved
chemical soil binders, jute netting, or other methods approved in advance by SLO
County APCD;
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
23
All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as
possible. In addition, building pads should be laid as soon as possible after grading
unless seeding or soil binders are used;
Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved
surface at the construction site;
All trucks hauling dirt, sand, soil, or other loose materials are to be covered or shall
maintain at least 2 feet of freeboard in accordance with California Vehicle Code
Section 23114;
Designate access points and require all employees, subconsultants, and others to use
them. Install and operate a “track-out prevention device” where vehicles enter and
exit unpaved roads onto paved streets. The track-out prevention device can be any
device or combination of devices that are effective at preventing track-out, located at
the point of intersection of any unpaved area and a paved road. If utilized, rumble
strips or steel plate devices shall be cleaned periodically. If paved roadways
accumulate tracked-out soils, the track-out prevention device shall be modified or
replaced to prevent track-out;
Sweep streets at the end of each day if visible soil material is carried onto adjacent
paved roads. Water sweepers with reclaimed water should be used where feasible;
All of these fugitive dust mitigation measures shall be shown on grading and building
plans; and
The contractor or builder shall designate a person or persons to monitor the fugitive
dust control emissions and enhance the implementation of the measures as necessary
to minimize dust complaints, reduce visible emissions below 20 percent opacity, and
to prevent transport of dust offsite. Their duties shall include holiday and weekend
periods when work may not be in progress. The name and telephone number of such
persons shall be provided to SLO County APCD Compliance Division prior to the
start of any grading, earthwork or demolition.
2. Implementation of the following Best Available Control Technology (BACT) for diesel-
fueled construction equipment. The BACT measures shall include:
Use of at least Tier 3 off-road equipment and 2010 on-road compliant engines;
Repowering equipment with the cleanest engines available; and
Installing California Verified Diesel Emission Control Strategies.
3. Implementation of the following standard air quality measures to minimize diesel
emissions:
Maintain all construction equipment in proper tune according to manufacturer’s
specifications;
Fuel all off-road and portable diesel-powered equipment with California Air
Resources Board (CARB) certified motor vehicle diesel fuel (non-taxed version
suitable for use off-road).
Use on-road heavy-duty trucks that meet the CARB’s 2007 or cleaner certification
standard for on-road heavy-duty diesel engines and comply with the State On-Road
Regulation;
Construction or trucking companies with fleets that do not have engines in their fleet
that meet the engine standards identified in the above two measures (e.g. captive or
NOx exempt area fleets) may be eligible by proving alternative compliance;
On- and off-road diesel equipment shall not be allowed to idle for more than five
minutes. Signs shall be posted in the designated queuing areas to remind drivers and
operators of the five-minute idling limit;
Diesel idling within 1,000 feet of sensitive receptors is not permitted;
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
24
Staging and queing areas shall not be loated within 1,000 feet of sensitive receptors;
Electrify equipment when feasible;
Substitute gasoline-powered in place of diesel-powered equipment, where feasible;
and,
Use alternatively fueled construction equipment onsite where feasible, such as
compressed natural gas (CNG), liquefied natural gas (LNG), propane or biodiesel.
4. Tabulation of on- and off-road construction equipment (age, horse-power, and miles
and/or hours of operation);
5. Schedule construction truck trips during non-peak hours (as determined by the Public
Works Director) to reduce peak hour emissions; and
6. Limit the length of the construction work-day period to 8 hours max.
— Mitigation Measure AQ-2: To reduce ROG and NOx levels during the architectural coating
phase, low or no Volatile Organic Compound (VOC)-emission paint shall be used with levels
of 50 grams per liter (g/L) or less (Odorless, Zero VOC Paint). The schedule for architectural
coatings application shall be extended, limiting the daily coating activity to a level
determined acceptable by SLO County APCD.
— Mitigation Measure AQ-3: If required, an offsite mitigation strategy shall be developed and
agreed upon by the Applicant, City, and SLO County APCD at least three months prior to the
issuance of grading permits. Offsite mitigation strategies may be in the form of cash payment,
circulation improvements above the Project’s fair share, or funding for ongoing transit
improvements. The Applicant may provide appropriate funding necessary to offset the
Project’s residual construction-related ROG+NOx emissions beyond SLO County APCD’s
daily threshold; in the event funding is required, it shall be provided at least two months prior
to the start of construction to help facilitate emission offsets that are as real-time as possible.
If required, cash payment of offsite mitigation fees shall be calculated based on the most
current CARB-approved Carl Moyer Guidelines at the time of commencement of each
Project phase. Offsite mitigation strategies shall include one or more of the following:
Develop or improve park-and-ride lots;
Fund a program to buy and scrap older, higher emission passenger and heavy-duty
vehicles;
Retrofit or repower heavy-duty construction equipment, or on-road vehicles;
Subsidize vanpool programs;
Contribute to funding of new bike lanes;
Replace/repower San Luis Obispo Regional Transit Authority (SLORTA) transit
buses;
Purchase Verified Diesel Emission Control Strategies (VDECS) for transit buses or
construction fleets; and
Fund expansion of existing SLORTA transit services.
b. Finding: The City finds that the mitigation measures will reduce impacts from construction-
related activities for the Project to a less than significant level.
C. BIOLOGICAL RESOURCES
1. Impact BIO-1: Project implementation would impact sensitive riparian, wetland, and native
grassland habitats identified as sensitive natural communities under state and City policy. Based on
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
25
the land use plan included in the Applicant-Revised Alternative 1, a total of 2.43 acres of sensitive
natural communities would be directly impacted within the Project site, including the loss of 0.80
acres of serpentine bunchgrass grasslands, 0.5 acres of Coast and Valley Freshwater Marsh, and 1.13
acres of Arroyo Willow Riparian Scrub. Project construction over a 5-year period could also expose
onsite and adjacent habitats to sustained disturbance and indirect impacts from vegetation clearing,
construction staging and storage, dust generation, erosion and sedimentation, risk of spills of fuel or
motor oils, and increased human presence in currently natural areas. Indirect impacts would affect
onsite and adjacent habitats, such as those within the Irish Hills Natural Reserve along the boundary
of the Project site. Once operational, the Project would require maintenance and clearance of
vegetation to maintain permanent wildfire buffers both onsite and offsite that would extend into
known existing sensitive natural communities. While buffer management would entail strategic
vegetation management to balance sensitive habitats with wildfire fuel reduction, damage to or direct
removal of sensitive vegetative communities as a result of fire management activities (e.g., vegetation
clearing for fire clearance within the Irish Hills Natural Reserve) is considered adverse and
potentially significant. The exact location, width, and area of these buffers will be subject to
coordination, review, and approval of the City Natural Resources Manager, SLOFD, CALFIRE, and
the Applicant based on Project development and management plans. This coordination has the
potential to result in a reduced size of or need for a wildfire buffer and fuel management zone around
the proposed development; however, potential remains that adverse impacts to sensitive communities
may occur. Realignment of Froom Creek also has potential to adversely affect the character or quality
of the Calle Joaquin wetlands through changes in frequency and quantity of waters entering the
wetlands, potential for migration of the Froom Creek corridor through the wetlands, and increased
sedimentation of the wetlands under typical storm conditions (Refer to Impact BIO-1, beginning on
page 3.4-40 and Biological Resources, beginning on page 5-58 of the Final EIR).
a. Mitigation: The following mitigation measures are required to reduce Project construction and
operational impacts to sensitive natural communities to the maximum extent feasible. MM BIO-3
has been edited to eliminate reference to the Upper Terrace in Villaggio since the Project no
longer proposes development in the Upper Terrace. Removal of development within the Upper
Terrace would substantially reduce potential impacts; MM BIO-3 would continue to apply to all
other portions of the Project site. MM BIO-Alt. 1 has been edited to remove reference to the
southern emergency access route entering the site from Calle Joaquin, as this component is not
proposed as part of the Project. Following further review of the Project, the City Fire Department
concluded that the access and emergency access roads shown in the proposed Project are
adequate and meet Fire Code regulations. Removal of this emergency access route would avoid
additional impacts to onsite drainages and Froom Creek; MM BIO-Alt. 1 would continue to apply
to all other portions of the Project site.
— Mitigation Measure HAZ-2. In accordance with PRC Section 4291, the Applicant shall hire a
City-qualified team that consists of appropriate specialists (i.e., fire management
professionals, biologists) to prepare a Community Fire Protection Plan to design the creation
and maintenance of required fire buffers and fuel management zones around developable
areas and detail methods for achieving fire safety around new buildings while preserving the
integrity and function of affected native plant communities to the maximum extent feasible,
and that ensures that consistent fire fuel management practices are applied throughout the
City. The Plan shall incorporate management strategies in coordination with adjacent
property owners, including Mountainbrook Church and the Irish Hills Natural Reserve. The
Plan shall outline the removal and control of invasive, non-native vegetation, and
conservation of sensitive habitats and rare species, while developing fire fuel management
practices that will discourage or prevent non-native grasses and other non-native invasive
species from dominating surrounding areas. Landscaping shall be maintained by the
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
26
Applicant and periodically inspected by the SLOFD during fire inspections in each of the fuel
management zones to avoid the buildup of deadwood and leaf litter, which, if left to
accumulate, would reduce the mitigating effect of the Plan. Specifically, the Plan shall
include, but not be limited to, the following elements:
Vegetation coverage and type;
Setbacks between structures, sensitive wildlife species, and access routes;
Development plan landscaping and planting standards within the setback areas;
Native trees and shrubs, such as coast live oak, coastal scrub, and grassland shall be
thinned and limbed up but left in place;
All allowable weed abatement techniques, qualifications, and requirements for weed
abatement contractors, as well as measures and techniques that ensure the required fuel
management and vegetation clearance, shall be designed and implemented to provide
adequate structure protection and avoid degradation of sensitive biological habitat; and
Invasive species shall be removed and controlled.
— Mitigation Measure BIO-1. The Applicant shall prepare and implement a Biological
Mitigation and Monitoring Plan that identifies both construction and operational related
avoidance, reduction, and mitigation measures for impacts to sensitive natural communities.
The Biological Mitigation and Monitoring Plan shall include Best Management Practices
(BMPs) to avoid or minimize impacts to biological resources, and implementation of on and
offsite habitat replacement as follows:
1. The Biological Mitigation and Monitoring Plan shall include the following construction-
related measures and BMPs:
a. Construction equipment and vehicles shall be stored at least 100 feet away from
existing and proposed drainage features and adjacent riparian habitat, and all
construction vehicle maintenance shall be performed in a designated offsite vehicle
storage and maintenance area approved by the City.
b. Prior to commencement of construction, Drainages 1, 2, 3, and 4 and all associated
springs, seeps, and wetlands shall be protected with construction fencing located a
minimum of 25 feet from the edge of the stream channel or top of bank and signed to
prohibit entry of construction equipment and personnel unless authorized by the City.
Fencing shall be maintained throughout the construction period for each phase of
development. Fencing and signage shall be removed following completion of
construction.
c. During any construction activities within 50 feet of the existing Froom Creek
channel, realigned Froom Creek channel, LOVR ditch, Drainages 1, 2, 3, or 4, or
other existing or proposed drainage features, a City-approved biological monitor shall
be present and have the authority to stop or redirect work as needed to protect
biological resources.
d. All construction materials (e.g., fuels, chemicals, building materials) shall be stored
at designated construction staging areas, which shall be located outside of designated
sensitive areas. Should spills occur, or if any unanticipated hazardous materials are
discovered, materials and/or contaminants shall be cleaned immediately and recycled
or disposed of to the satisfaction of the RWQCB, Department of Toxic Substances
Control, and/or San Luis Obispo County Public Health Environmental Services, as
applicable.
e. All trash and construction debris shall be properly disposed at the end of each day
and dumpsters shall be covered either with locking lids or with plastic sheeting at the
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
27
end of each workday and during storm events. All sheeting shall be carefully secured
to withstand weather conditions.
f. The Applicant shall implement measures designed to minimize construction-related
erosion and retain sediment on the Project site, including installation of silt fencing,
straw waddles, or other acceptable construction erosion control devices. Such
measures shall be installed along the perimeter of disturbed areas and along the top of
the bank of the existing and proposed Froom Creek channel and other existing or
proposed drainage features and 25 feet from the edge of Drainages 1, 2, 3, and 4. All
drainage shall be directed to sediment basins designed to retain all sediment onsite.
g. Concrete truck and tool washout shall occur in a designated location such that no
runoff will reach the creek, onsite drainages, or other sensitive areas.
h. All open trenches shall be constructed with appropriate exit ramps to allow species
that fall into a trench to escape. All open trenches shall be inspected at the beginning
of each work day to ensure that no wildlife species is present. Any sensitive wildlife
species found during inspections shall be gently encouraged to leave the Project site
by a qualified biologist or otherwise trained and City-approved personnel. Trenches
will remain open for the shortest period necessary to complete required work.
i. Existing disturbed areas shall be used for construction staging and storage to the
maximum extent possible to minimize disturbance of undeveloped habitats. All
construction access roads and staging areas shall be located to avoid known/mapped
habitat and minimize habitat fragmentation.
— Mitigation Measures BIO-2. The Applicant shall retain a qualified Environmental
Coordinator/qualified biologist, subject to review and approval by the City to oversee
compliance with the Biological Mitigation and Monitoring Plan. The Applicant’s
Environmental Coordinator shall monitor all construction activities, conduct a biological
resources education program for all construction workers prior to the initiation of any
clearing or construction activities, and provide quarterly reports to the City regarding
construction activities, enforcement issues, and remedial measures. The Applicant’s
Environmental Coordinator shall be responsible for conducting inspections of the work area
each work day to ensure that excavation areas and sensitive or restored habitats do not exhibit
construction-related impacts or hazards to wildlife. If any exposure risk is identified, the
Environmental Coordinator shall implement measures that could include, but not be limited
to, hazing, fencing, and wildlife removals to eliminate the exposure risk.
In addition, the Applicant’s Environmental Coordinator shall monitor and regulate all
construction occurring within 50 feet of the existing and proposed Froom Creek channel,
other existing or proposed drainage features, riparian habitat, Drainages 1, 2, 3, and 4, and
seasonal or permanent wetlands. During appropriate flowering, nesting, breeding, migration,
and dispersal seasons, the Environmental Coordinator shall also conduct sensitive species
surveys immediately prior to construction activities and shall monitor construction activities
in the vicinity of habitats to be avoided.
The work area boundaries and other off-limit areas shall be identified by the biologist and/or
Environmental Coordinator on a daily basis. The biologist and/or Environmental Coordinator
shall inspect construction and sediment control fencing each work day during construction
activities. Any vegetation clearing activities shall be monitored by the biologist and/or
Environmental Coordinator.
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
28
— Mitigation Measure BIO-3. The Biological Mitigation and Monitoring Plan shall include a
Habitat Mitigation and Monitoring Plan (HMMP) with details on timing and implementation
of required habitat restoration, enhancement, or creation measures. The Biological Mitigation
and Monitoring Plan and HMMP shall be prepared under the direction of, and approved by,
the City’s Natural Resources Manager in conjunction with regulatory agencies with
permitting authority over the Project. The HMMP shall contain, at a minimum, the following
components (or as otherwise modified by regulatory agency permitting conditions):
a. Pre-construction surveys and delineation of vegetation communities, habitat, and wetland
features, including clear maps and a summary of onsite habitats to be protected and
acreage, design, and locations of required habitat mitigation sites.
b. A description of the location and boundaries of the mitigation site and description of
existing site conditions.
c. A description of measures to be undertaken to enhance the mitigation site for the target
species and to protect sensitive resources.
d. Record necessary replacement of disturbed, altered, and/or lost area of habitat.
e. A binding long-term agreement with the Applicant to implement and maintain protected
and restored sensitive habitats, including native bunch grassland, wetlands, springs,
seeps, tributary drainages, and other sensitive or restored native habitats. These measures
shall identify typical performance and success criteria deemed acceptable by the City and
California Department of Fish and Wildlife (CDFW) based on measurable goals and
objectives. Said criteria for restored habitats shall be, at a minimum, at least 70-percent
survival of container plants and 70-percent relative cover by vegetation type.
f. A description of habitat and species restoration and monitoring measures, including
specific and objective performance criteria, monitoring methods, data analysis, reporting
requirements, and monitoring schedule. (At a minimum, success criteria shall be at least
70-percent survival of container plants and 70-percent relative cover by vegetation type
and will include a replacement ratio of 2:1 and determination by a City-approved
biologist that the mitigation site provides ecological functions and values for the focal
species equal to or exceeding the impacted habitat).
g. Plan requirements that ensure mitigation elements that do not meet performance or final
success criteria within 5 years are completed through an extension of the plan for an
additional 2 years or at the discretion of the City Natural Resources Manager with the
goal of completing all mitigation requirements prior to the HMMP end date.
h. Monitoring of the mitigation and maintenance areas shall occur for the period established
in the HMMP, or until success criteria are met; an endowment may be required in some
cases as determined by the City. If success criteria cannot be met through the HMMP, the
City Natural Resources Manager shall specify appropriate commensurate measures (e.g.,
onsite or offsite restoration, endowment, or bond to the City for completion of necessary
mitigation).
i. A binding long-term agreement with the Villaggio Life Plan Community to fund and
retain a qualified biologist to train all landscaping crew staff hired over the life of the
development on sensitive plant species and habitat within the vicinity of the
development, including the identification and avoidance of sensitive plants and habitat.
The qualified biologist shall conduct annual monitoring of vegetation surrounding the
development and prepare a report summarizing the avoidance or disturbance of sensitive
resources from operational activities of the Villaggio development, and identifying
necessary replacement or restoration of affected resources. Necessary mitigation shall be
subject to the same standards for performance, monitoring, and success identified in
subitems b through h, above. The report shall be submitted to the City annually for
review and approval.
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
29
j. A plan for fencing and/or signage around the Upper Terrace of the Villaggio
development, prohibiting residents, guests, and employees from accessing and disturbing
the surrounding sensitive resources.
k. Requirements for payment of annual fees to the City to fund City review and inspection
of the site and Biological Mitigation and Monitoring Plan and HMMP requirements.
— Mitigation Measure BIO-4. The Biological Mitigation and Monitoring Plan shall require
avoidance of sensitive natural communities outside approved development footprints such as
the Nassella pulchra Herbaceous Alliance, Central Coast Arroyo Willow Scrub Community,
Coastal and Central Valley Freshwater Marsh, and wetland areas to the maximum extent
feasible. Mitigation for impacted sensitive natural communities that cannot be avoided shall
be achieved through one or more of the following options, subject to City approval:
a. Onsite restoration, enhancement, or creation of suitable replacement habitat, if feasible
onsite restoration opportunities exist and at ratios consistent with those identified in MM
BIO-5;
b. Offsite restoration or creation of suitable habitat for the impacted species at the minimum
replacement ratio of 2:1 for sensitive natural communities, native grasslands, and riparian
habitat;
c. Financial contribution to an in-lieu fee program that results in restoration or creation of
suitable habitat for the impacted natural communities and/or species; and/or
d. Purchase of mitigation credits at a USFWS- and/or CDFW-approved mitigation bank.
— Mitigation Measure BIO-5. The Biological Mitigation and Monitoring Plan shall require all
temporary and permanent direct and indirect impacts to wetlands, grasslands, and riparian
habitat be mitigated, as follows:
a. Temporary direct impacts to wetland, native grassland, and riparian habitat shall be
mitigated at a minimum 1:1 mitigation ratio (area of restored habitat to impacted habitat).
b. Permanent direct impacts to sensitive natural communities, such as native grasslands, and
riparian habitat shall be mitigated at a 2:1 ratio (area of restored and enhanced habitat to
impacted habitat).
c. Permanent direct impacts to wetlands shall be mitigated at a minimum 3:1 ratio unless
otherwise directed by state and federal agencies, including but not limited to the CDFW,
RWQCB, National Marine Fisheries Service (NMFS), and U.S. Fish and Wildlife Service
(USFWS) (as appropriate).
d. Potential indirect impacts to the Calle Joaquin wetlands affected by the Froom Creek
realignment and changes to site hydrology shall be mitigated as follows. As a part of the
HMMP prepared for the Project, the Applicant shall prepare and implement a Long-Term
Wetland Monitoring Plan that is designed to quantitatively and qualitatively assess the
effectiveness of the HMMP over time to ensure its objectives are achieved. The Long-
Term Wetland Monitoring Plan shall be supported by a Baseline Conditions Assessment
that identifies the pre-construction condition of the Calle Joaquin wetlands and
establishes success criteria for sustained wetland conditions. The Baseline Conditions
Assessment shall provide qualitative and quantitative information that will be used in
comparing data obtained during subsequent monitoring years to determine if a significant
deviance from baseline conditions has occurred at the site. The Long-Term Wetland
Monitoring Plan will establish the parameters of a significant deviance from baseline
conditions. A significant deviance from baseline may be defined as a “change in wetland
area greater than 10%”. The Baseline Conditions Assessment shall be updated prior to the
start of construction to support agency permitting and guide implementation of the Long-
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
30
Term Wetland Monitoring Plan. This updated baseline shall be considered in
combination with existing and past baseline documentation to provide an expanded
baseline reflective of a range of acceptable conditions to compare post Project conditions.
The Baseline Conditions Assessment shall include a focused description of the site’s
hydrologic setting, vegetative cover and composition, quantified wetland areas and
classifications, and shall establish the threshold for a significant deviance from wetland
area based on the presence of hydrophytic plant species, hydric soil indicators, and
wetland hydrology.
At minimum, the condition of the wetland shall be evaluated on an annual basis through
completion of a wetland assessment using a regulatory agency approved model (such as,
but not limited to, the California Rapid Assessment Method [CRAM]) to document and
facilitate long-term monitoring of changes to the wetland. The annual evaluation shall
determine and document any degree of change to the wetland as a result of the proposed
changes to site hydrology and development throughout build-out under the Specific Plan.
Reports documenting the annual wetland assessment shall be provided to the City and
relevant regulatory agencies.
Long-Term Wetland Monitoring for the Calle Joaquin wetlands shall occur continuously
for a period of no less than 7 years following Phase I build-out of the FRSP area. After
the initial 7-years of minimum annual monitoring, the frequency of long-term evaluations
shall be determined in coordination with regulatory agencies and per the requirements of
the Long-Term Wetland Monitoring Plan.
The Long-Term Wetland Monitoring Plan shall include (at minimum) the following
requirements. Additional detailed criteria and performance standards will be established
in the HMMP prepared for the project and approved by regulatory agencies, but they
shall not be any less stringent than the following criteria and performance standards:
i. Annual monitoring shall evaluate and track the wetland health and biological
integrity of the Calle Joaquin wetlands.
ii. Annual evaluations shall utilize intensive site assessments to provide a more
thorough and detailed measure of wetland condition by gathering direct
measurements of biological taxa and hydrogeomorphic functions.
iii. Typical industry standards for the quantitative evaluation of plant cover will be used
(e.g., Bonham 1989 and Daubenmire 1968) to evaluate plant composition and
structure as well as direct inspections of soil conditions and hydrologic functions.
iv. Annual or semi-annual evaluations shall observe and document the following, at a
minimum:
whether groundwater recharge from Froom Creek to the shallow aquifer is being
sustained,
whether the onsite artesian well has been discharging to the wetland,
evidence of overflows entering the Calle Joaquin wetland from the realigned
Froom Creek,
excessive ponding, as evidenced by changes in vegetation related to increased
duration of ponding,
measured depth to groundwater in the onsite artesian well and the relationship of
these conditions with conditions in the wetland,
specific conductance and temperature in the wetland and other surface sources,
the presence or absence of salt efflorescences in the wetland,
any persistent green vegetation patches or changes in willow/grass ecotone, and
representative photo points.
v. Monitoring of the realigned creek’s hydrology would be required following large
storm events during the rain season that are sufficient to initiate flowing water
through the site. If after the 3rd year of monitoring, vegetation has successfully
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
31
established along the creek corridor and sedimentation and erosion are not observed
beyond what is determined to be a normal level, then the rainy season monitoring
could be scaled back to occur on a quarterly or as-needed basis for the remainder of
the monitoring schedule, upon review and approval of the City’s Natural Resources
Manager and applicable regulatory agencies and consistent with the Long-Term
Wetland Monitoring Plan.
vi. Success criteria to determine whether the Calle Joaquin wetland functions are
sustained shall include the following, at a minimum:
The constructed bank between the realigned Froom Creek channel and the Calle
Joaquin wetlands remains functional and does not recurrently scour or fill to a
degree that impairs its operation or impedes circulation through the wetland,
Excessive surface water does not pond for periods of long duration,
Salts do not accumulate such that discernible increases in salt efflorescences at
the ground surface are not visible,
Evidence of deposition by high flows is not found within the wetland (e.g., silt,
organics, or other flood deposits).
vii. If success criteria are not achieved within the 7-year initial monitoring period, a
hydrologic assessment will be conducted by a U.S. Army Corps of Engineers
(USACE) approved specialist in groundwater supported wetlands to establish
whether non-attainment is attributable to onsite conditions or actions beyond the
effective control of the Project Applicant. The specialist shall be a registered
hydrologist or certified hydrogeologist with statewide expertise, familiarity with
groundwater supported wetlands in central coastal California and verifiable
experience conducting functional analyses of such wetlands. Recommendations for
remedial actions will be submitted by the groundwater specialist to the USACE for
review and written approval prior to implementation. If wetland failures are
determined to be directly related to the realignment of Froom Creek and development
within the Froom Creek Specific Plan area, possible remedial actions would include,
at minimum, the following:
Engineering controls include biotechnical erosion controls such as the installation
of willow wattles and brush mattressing and addition of native cobble to
reinforce the low flow berm separating the creek channel from the wetland area
to help contain flows into the wetland area.
If vegetation establishment is taking longer than expected, remedial measures
such as re-seeding bare soils, replanting areas of mortality, and increased
maintenance and monitoring may be prescribed.
If there is significant evidence of scouring, collapse, or filling of the overflow
bank between the realigned low-flow Froom Creek channel and the Calle Joaquin
wetlands, a registered professional engineer shall re-evaluate bank type, size, and
slope and recommend a solution, such as augmentation or replacement.
If there is excessive ponding (spatial or temporal), a registered professional
engineer shall assess access to and capacity of existing drainage outlets and
recommend a solution, such as augmentation or replacement if necessary.
If salt efflorescence is observed and specific conductance in the wetland is
greater than baseline conditions, a registered professional engineer shall re-
evaluate the bank type, slope, size, and conveyance between the realigned Froom
Creek low-flow channel and the Calle Joaquin wetlands to increase the frequency
of salt flushing, such as altering surface flows to more frequently overflow to the
wetland area.
viii. If through monitoring it is determined that the Project does not adversely impact the
Calle Joaquin wetland areas (as defined above), the Applicant shall provide
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
32
documentation annually (at minimum) to the City, for review and approval by the
City’s Natural Resources Manager, that no significant signs of hydrological
interruption, erosion (including bank failure), or sedimentation have occurred, that
the wetland is sustained in biological integrity and health with existing hydrologic
inputs, and that channel migration has not adversely affected existing wetland
features adjacent to Calle Joaquin.
ix. If through monitoring it is determined that the Project adversely impacts the Calle
Joaquin wetland area, recommendations shall be made for modifications to the
Project design in consultation with the City and appropriate regulatory agencies for
review and concurrence, as described in subsection viii above. The annual reports
would detail the issue or problem area and proposed remedial actions.
x. If through monitoring it is determined that the Calle Joaquin wetland condition and
function cannot be remediated with implementation of all feasible remedial actions
and recommendations identified through long-term monitoring and as described in
subsection vii above and the Long-Term Wetland Monitoring Plan, then adversely
affected wetland areas shall be delineated and mitigated on- or offsite at a minimum
3:1 ratio unless otherwise directed by state and federal agencies, including but not
limited to the CDFW, RWQCB, NMFS, and USFWS (as appropriate), consistent
with subsection (c) above.
xi. Funding for long-term wetland monitoring, adaptive management, and any
recommended contingency measures shall be the responsibility of the Applicant.
Payment of a bond by the Applicant would be required to ensure the availability of
adequate funds to ensure successful implementation and completion of the Long-
Term Wetland Monitoring Plan throughout build-out under the Specific Plan.
e. Habitat revegetation or creation shall occur in the fall or winter no more than 1 year
following habitat disturbance. Revegetation shall be monitored monthly for 7 years with
a goal of at least 70-percent survival of container plants and 70-percent relative cover by
vegetation type at the end of the 7-year period. Irrigation shall be provided during this
period or until otherwise determined necessary by the Applicant’s Environmental
Coordinator.
f. Riparian vegetation along Froom Creek shall be maintained in perpetuity to the
satisfaction of the City by the Applicant or a City-approved designee. Froom Creek
conditions shall be monitored annually following winter storm seasons to assess damage
to riparian vegetation and need for maintenance restoration. Monitoring and maintenance
of riparian vegetation conditions shall be conducted consistent with the requirements of
the Habitat Mitigation and Monitoring Plan outlined in MM BIO-3.
— Mitigation Measure BIO-6. The Biological Mitigation and Monitoring Plan shall detail
timing and implementation of required habitat restoration and shall be submitted to the City’s
Natural Resources Manager for review and approval, including requirements for consultation
with CDFW, NMFS, and USACE as needed. A copy of the final plan shall be submitted to
the City for review and approval. The plan shall be implemented by the Project Applicant,
under supervision by the City and the Applicant’s Environmental Coordinator, and shall:
a. Describe replacement of sensitive natural community habitats removed, lost, or adversely
impacted by the Project, including a list of the soil, plants, and other materials that will be
necessary for successful habitat restoration/ replacement, and a description of planting
methods, location, spacing, erosion protection, and irrigation measures that will be
needed. Restoration and habitat enhancement shall be limited to use of appropriate native
species. Habitat restoration or enhancement areas shall be designed to facilitate
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
33
establishment of appropriate native plants such as willows, cottonwoods, bunchgrass, and
rushes.
b. Habitat restoration or enhancement areas shall be established within the Project
boundaries, adjacent to and contiguous with existing habitats to the maximum extent
possible.
c. Habitat restoration or enhancement sites shall be placed within existing or additional
necessary deed-restricted area(s) and shall be maintained and monitored for a minimum
of 7 years. If sufficient onsite mitigation area is not practicable, an offsite mitigation plan
shall be prepared as part of the Biological Mitigation and Monitoring Plan and approved
by permitting agencies.
d. The Biological Mitigation and Monitoring Plan shall identify appropriate restoration and
enhancement activities to compensate for impacts to creek, wetland, native bunch grass
and riparian habitat, including a detailed planting plan and maintenance plans using
locally obtained native species, and shall include habitat enhancement to support native
wildlife and plant species.
e. A weed management plan and weed identification list shall be included in the Biological
Mitigation and Monitoring Plan.
f. Habitat restoration or enhancement areas shall be maintained weekly for the first three
years after Project completion and quarterly thereafter. Maintenance shall include
replacement of unsuccessful planted specimens and eradication of noxious weeds found
on California Department of Food and Agriculture (CDFA) Lists A and B. Noxious
weeds on CDFA List C may be eradicated or otherwise managed.
g. Quarterly and annual reports documenting site inspections and site recovery status shall
be prepared and sent to the City and appropriate agencies.
— Mitigation Measure BIO-7. Utility line installation shall be timed so that sensitive habitat
areas are not disturbed (e.g., prior to the development and restoration of the new Froom
Creek realignment, after removal of riparian areas along the LOVR Ditch due to LOVR
widening). In the event a utility line is proposed to be installed across the existing or
realigned Froom Creek, or the sensitive riparian areas along the LOVR Ditch, while these
features are in their natural or restored conditions, installation shall be via horizontal
directional drilling (HDD) to avoid impacts to sensitive habitats. Prior to installation of utility
lines, a site-specific geotechnical investigation and frac-out clean-up plan shall be completed
in areas proposed for HDD. The geotechnical investigation shall provide recommendations
for avoidance of frac-outs and/or other HDD related impacts and to determine appropriate
HDD methods (i.e., appropriate drilling mud mixtures for specific types of sediments). The
investigation shall include results from at least three borings, a geologic cross-section, a
discussion of drilling conditions, and frac-out clean-up plan. The frac-out clean-up plan shall
identify methods for minimizing potential for frac-outs and addressing any necessary clean-
up or remediation in case of a frac-out. The boring operation would be stopped immediately
if a frac-out occurs and steps would be taken to contain and minimize the effects of any spill
of drilling mud. The Applicant shall comply with all recommendations of the geotechnical
investigation.
— Mitigation Measure BIO-8. The Applicant shall submit a Froom Creek restoration plan that
identifies measures for securing the proposed low-flow channel berm along the stretch of
Froom Creek proposed adjacent to the Calle Joaquin wetlands to protect the bank from
erosion and prevent migration of the Froom Creek channel into these wetlands. Measures for
securing the bank may include a mix of natural and biotechnical measures capable of
prevention erosion based on the anticipated erosive velocity of the creek under 100-year
storm conditions.
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
34
— Mitigation Measure BIO-Alt. 1. The additional emergency access roadway across Froom
Creek and the LOVR ditch and the southern emergency access route entering the site from
Calle Joaquin shall be reviewed by the City’s Public Works Department, Community
Development Department, Natural Resources Manager, and Fire Department prior to
adoption of the Final FRSP and approval of the Vesting Tentative Tract Map to ensure that
design is adequate for City emergency ingress/egress standards and minimizes impacts to
riparian vegetation and wildlife passage, and that adequate on- and offsite mitigation of
impacted riparian and wetland vegetation is provided. The City shall ensure review and
approval of these features as part of the Final FRSP considers the siting, alignment, width,
materials, and access controls.
b. Finding: The City finds that implementation of MM BIO-1 through MM BIO-8 and MM BIO-
Alt. 1 would reduce impacts to sensitive vegetation communities and bring the Project into partial
compliance with relevant goals and policies of the City General Plan Conservation and Open
Space Element, including Conservation and Open Space Element Policy 7.5.4, Preservation of
Grassland Communities and Other Habitat Types. Further, MM HAZ-2 would require
preparation of a Community Fire Protection Plan and use of a City-qualified biologist to identify
and preserve the integrity of vegetation and habitat surrounding proposed development to the
maximum extent feasible, also reducing impacts. Implementation of these measures would reduce
potential impacts to sensitive riparian and wetland habitats within the Villaggio and Madonna
Froom Ranch development areas (e.g., LOVR ditch and Calle Joaquin wetlands) to a less than
significant level. Because the Project would avoid development above the 150-foot elevation line
within the southwest area of the site, where the most sensitive habitats are present, the Project
would substantially avoid disturbance, alteration, or removal of high value habitats, such as
serpentine bunchgrass grasslands and unique seeps and spring-fed wetlands, compared to the
Draft FRSP. With implementation of mitigation, Project impacts would be reduced to a less than
significant level.
2. Impact BIO-2: Project implementation would have substantial direct and indirect adverse impacts on
candidate, sensitive, or special-status species that are known to occur or have the potential to occur on
the Project site. Potentially suitable habitat exists within the Project site for several designated
special-status species, particularly in serpentine outcrops, Froom Creek, and seeps, springs, and
drainages within the higher elevation areas of the southwest portion of the site, as well as within the
adjacent Irish Hills Natural Reserve. The higher elevation areas of the southwest portion of the site
support a rich assemblage of sensitive habitats and 12 documented occurrences of special-status plant
species, some of which occur in close proximity to or within the planned Villaggio
development/disturbance footprint. Documented rare plant occurrences that may directly be affected
by proposed development include Brewer’s spineflower (Chorizanthe breweri), San Luis Obispo
owl’s-clover (Castilleja densiflora ssp. Obispoensis), Congdon’s tarplant (Centromadia parryi ssp.
Congdonii), Mouse-gray dudleya (dudleya abramsii ssp. murina). However, the Project would
substantially avoid sensitive habitats in the higher elevation areas of the southwest area of the site,
which is the most biologically diverse and sensitive area of the site. Woodland areas and other
habitats within this area would not be impacted by proposed development or fire clearance, protecting
foraging, roosting, and nesting habitat for several Species of Special Concern, including bats and
birds. Additionally, avoidance of development within this area would protect the majority of
Drainages 1, 2, and 3 where these drainages support a federally endangered species and provide water
to sensitive plant and animal species. Direct and indirect impacts to wildlife species and sensitive
habitats supporting special-status plant and animal species on- and offsite would occur under the
Project as a result of construction noise, increased human presence, and potential exposure to
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
35
pollutants and hazardous materials (Refer to page Impact BIO-2, beginning on 3.4-70 and Biological
Resources, beginning on page 5-58 of the Final EIR).
a. Mitigation: The following mitigation would be required to reduce impacts to special-status
species to a less than significant level.
— Mitigation Measure HAZ-2. In accordance with PRC Section 4291, the Applicant shall hire a
City-qualified team that consists of appropriate specialists (i.e., fire management
professionals, biologists) to prepare a Community Fire Protection Plan to design the creation
and maintenance of required fire buffers and fuel management zones around developable
areas and detail methods for achieving fire safety around new buildings while preserving the
integrity and function of affected native plant communities to the maximum extent feasible,
and that ensures that consistent fire fuel management practices are applied throughout the
City. The Plan shall incorporate management strategies in coordination with adjacent
property owners, including Mountainbrook Church and the Irish Hills Natural Reserve. The
Plan shall outline the removal and control of invasive, non-native vegetation, and
conservation of sensitive habitats and rare species, while developing fire fuel management
practices that will discourage or prevent non-native grasses and other non-native invasive
species from dominating surrounding areas. Landscaping shall be maintained by the
Applicant and periodically inspected by the SLOFD during fire inspections in each of the fuel
management zones to avoid the buildup of deadwood and leaf litter, which, if left to
accumulate, would reduce the mitigating effect of the Plan. Specifically, the Plan shall
include, but not be limited to, the following elements:
Vegetation coverage and type;
Setbacks between structures, sensitive wildlife species, and access routes;
Development plan landscaping and planting standards within the setback areas;
Native trees and shrubs, such as coast live oak, coastal scrub, and grassland shall be
thinned and limbed up but left in place;
All allowable weed abatement techniques, qualifications, and requirements for weed
abatement contractors, as well as measures and techniques that ensure the required fuel
management and vegetation clearance, shall be designed and implemented to provide
adequate structure protection and avoid degradation of sensitive biological habitat; and
Invasive species shall be removed and controlled.
— Mitigation Measure BIO-1. The Applicant shall prepare and implement a Biological
Mitigation and Monitoring Plan that identifies both construction and operational related
avoidance, reduction, and mitigation measures for impacts to sensitive natural communities.
The Biological Mitigation and Monitoring Plan shall include Best Management Practices
(BMPs) to avoid or minimize impacts to biological resources, and implementation of on and
offsite habitat replacement as follows:
1. The Biological Mitigation and Monitoring Plan shall include the following construction-
related measures and BMPs:
a. Construction equipment and vehicles shall be stored at least 100 feet away from
existing and proposed drainage features and adjacent riparian habitat, and all
construction vehicle maintenance shall be performed in a designated offsite vehicle
storage and maintenance area approved by the City.
b. Prior to commencement of construction, Drainages 1, 2, 3, and 4 and all associated
springs, seeps, and wetlands shall be protected with construction fencing located a
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
36
minimum of 25 feet from the edge of the stream channel or top of bank and signed to
prohibit entry of construction equipment and personnel unless authorized by the City.
Fencing shall be maintained throughout the construction period for each phase of
development. Fencing and signage shall be removed following completion of
construction.
c. During any construction activities within 50 feet of the existing Froom Creek
channel, realigned Froom Creek channel, LOVR ditch, Drainages 1, 2, 3, or 4, or
other existing or proposed drainage features, a City-approved biological monitor shall
be present and have the authority to stop or redirect work as needed to protect
biological resources.
d. All construction materials (e.g., fuels, chemicals, building materials) shall be stored
at designated construction staging areas, which shall be located outside of designated
sensitive areas. Should spills occur, or if any unanticipated hazardous materials are
discovered, materials and/or contaminants shall be cleaned immediately and recycled
or disposed of to the satisfaction of the RWQCB, Department of Toxic Substances
Control, and/or San Luis Obispo County Public Health Environmental Services, as
applicable.
e. All trash and construction debris shall be properly disposed at the end of each day
and dumpsters shall be covered either with locking lids or with plastic sheeting at the
end of each workday and during storm events. All sheeting shall be carefully secured
to withstand weather conditions.
f. The Applicant shall implement measures designed to minimize construction-related
erosion and retain sediment on the Project site, including installation of silt fencing,
straw waddles, or other acceptable construction erosion control devices. Such
measures shall be installed along the perimeter of disturbed areas and along the top of
the bank of the existing and proposed Froom Creek channel and other existing or
proposed drainage features and 25 feet from the edge of Drainages 1, 2, 3, and 4. All
drainage shall be directed to sediment basins designed to retain all sediment onsite.
g. Concrete truck and tool washout shall occur in a designated location such that no
runoff will reach the creek, onsite drainages, or other sensitive areas.
h. All open trenches shall be constructed with appropriate exit ramps to allow species
that fall into a trench to escape. All open trenches shall be inspected at the beginning
of each work day to ensure that no wildlife species is present. Any sensitive wildlife
species found during inspections shall be gently encouraged to leave the Project site
by a qualified biologist or otherwise trained and City-approved personnel. Trenches
will remain open for the shortest period necessary to complete required work.
i. Existing disturbed areas shall be used for construction staging and storage to the
maximum extent possible to minimize disturbance of undeveloped habitats. All
construction access roads and staging areas shall be located to avoid known/mapped
habitat and minimize habitat fragmentation.
— Mitigation Measure BIO-9. Construction and grading of the realigned portion of Froom
Creek, including planting of riparian vegetation, watering, and bank stabilization, shall be
conducted prior to removal of the existing creek segment to ensure a habitat for special-status
species within the creek is maintained through the Project site with no interruption during
construction. Project phasing shall be adjusted as needed to accommodate this sequence of
construction activities.
— Mitigation Measure BIO-10. Prior to issuance of grading and building permits, the Applicant
shall submit or fund a site survey for special-status plants, including Chorro Creek bog
thistle, and:
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
37
1. All individual locations of special-status species, including Chorro Creek bog thistle, and
suitable habitat areas shall be mapped using GPS coordinates. No construction activities
or disturbance shall occur within 50 feet of mapped special-status species, including
Chorro Creek bog thistle, or suitable habitat areas. This setback shall be delineated and
maintained with construction fencing and clear signage for the duration of grading and
construction. If the site survey results identify Chorro Creek bog thistle that may be
disturbed or lost from Project construction, the Project shall be redesigned to ensure a
minimum 50-foot buffer from mapped Chorro Creek bog thistle occurrences.
2. Development adjacent to Drainages 1, 2, and 3 shall be set back a minimum of 50 feet
from the top of the bank of these drainages and the edge of delineated associated
wetlands.
3. Drainages 1, 2, and 3 and associated wetlands shall be fenced a minimum of 50 feet from
the top of the bank or edge of delineated wetland during construction. The Applicant
shall ensure and demonstrate to the City through frequent reporting requirements
approved by the City that these areas are managed and maintained in perpetuity to
maintain wetland and Chorro Creek bog thistle habitat values to the extent feasible.
4. If the site survey results identify special-status plant species, including Chorro Creek bog
thistle, or suitable habitat that may be disturbed or lost from Project construction, the
Project shall be redesigned to ensure a minimum 50-foot buffer from mapped individual
occurrences and suitable habitat areas. If buffers cannot be maintained, then consultation
with CDFW shall occur to determine appropriate minimization and mitigation measures
for impacts to special-status plant species, or in the case of plant species listed pursuant to
CESA or the Native Plant Protection Act, to determine if take can be avoided. If take
cannot be avoided, take authorization prior to any ground-disturbing activities may be
warranted. Take authorization would occur through issuance of an ITP by CDFW,
pursuant to Fish and Game Code section 2081(b).
— Mitigation Measure BIO-11. The Biological Mitigation and Monitoring Plan shall address
special-status wildlife species management. Grading and construction activities shall avoid
the rainy season (typically October 15 to April 15) to the extent practicable, particularly
within 50 feet of the existing and proposed Froom Creek channel, and other existing or
proposed drainage features, riparian or wetland habitat, and any suitable nesting sites as
determined by the City-approved biologist. Injury, mortality to, or significant disturbance of
onsite sensitive species, including the California red-legged frog, south-central California
coast steelhead, and white-tailed kite, shall be avoided. The plan shall include the following
measures: pre-construction surveys; worker awareness; cessation of work in occupied areas if
individuals are identified; relocation (if necessary) of frogs and steelhead from the work area
by a professional biologist authorized by the USFWS and/or CDFW; and monitoring of
construction activities within the vicinity of sensitive habitats by a qualified biologist during
construction, consistent with MM BIO-2. Necessary permits shall be obtained from the state
(CDFW) and federal (USACE and USFWS) regulatory agencies with jurisdiction and/or
permitting authority over a portion of the Project. Any other sensitive species observed
during the pre-construction surveys shall be relocated by the qualified biologist into the
nearest suitable habitat outside the disturbance area as determined in consultation with the
appropriate jurisdictional resource agency.
— Mitigation Measure BIO-12. The Biological Mitigation and Monitoring Plan shall address
the habitation and movement of special-status wildlife species, as follows:
1. Migratory and Nesting/Burrowing Bird Management. Grading and construction activities
shall avoid the breeding season (typically from February 15 to August 15) to the extent
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
38
practicable, particularly within 50 feet of riparian or wetland habitat and mature trees and
within onsite grasslands. If Project activities must be conducted during this period and
within the vicinity of riparian or wetland habitat, grasslands, and/or mature trees, pre-
construction nesting bird surveys shall take place no more than one week prior to habitat
disturbance associated with each phase; if active nests or burrows are located during
these surveys, the following measures shall be implemented:
a. Construction activities within 50 feet of active nests shall be restricted until chicks
have fledged, unless the nest belongs to a raptor or burrowing owl, in which case a
minimum 500-foot activity restriction buffer shall be observed.
b. Construction shall be limited to daylight hours (7:00 AM to 7:00 PM or sunset,
whichever is sooner).
c. A pre-construction survey report shall be submitted to the City immediately upon
completion of the survey. The report shall detail appropriate fencing or flagging of
the buffer zone and make recommendations on additional monitoring requirements.
A map of the Project site and nest locations shall be included with the report. If any
sensitive species are observed during pre-construction surveys, the Project biologist
shall coordinate with appropriate resource agencies to determine appropriate
procedure for handling or avoidance of the specimen.
d. The Project biologist conducting the nesting survey shall have the authority to reduce
or increase the recommended buffer depending upon site conditions and the species
involved. A report of findings and recommendations for bird protection shall be
submitted to the City prior to vegetation removal. If sensitive or special-status species
are observed during pre-construction surveys, the Project biologist shall coordinate
with appropriate resource agencies to determine appropriate procedures for handling
or avoidance of the specimen.
e. If burrowing owls are found onsite and avoidance is not possible, burrow exclusion
shall be conducted by City-approved qualified biologists and only during the non-
breeding season, before breeding behavior is exhibited and after the burrow is
confirmed empty through non-invasive methods, such as surveillance. CDFW
recommends replacement of occupied burrows with artificial burrows at a ratio of
one burrow collapsed to one artificial burrow constructed (1:1) To avoid
recolonization, ongoing surveillance shall be provided by the City-approved Project
biologists throughout Project construction at a rate that is sufficient to detect
burrowing owls if they return.
2. Bat Colony Management. Prior to removal of any trees over 20 inches diameter-at-breast-
height (DBH) or demolition/relocation of existing onsite structures, a survey shall be
conducted by a City and CDFW-approved biologist to determine if any tree or structure
proposed for removal, trimming, demolition, or relocation harbors sensitive bat species or
maternal bat colonies. Maternal bat colonies shall not be disturbed, and grading and
construction activities shall avoid the bat breeding season to the extent feasible. If
disturbance of structures must occur during the bat breeding season, buildings must be
inspected and deemed clear of bat colonies/roosts within 7 days of demolition and an
appropriately trained and approved biologist must conduct a daily site-clearance during
demolition. If bats are roosting in a structure or tree in the Project site during the daytime
but are not part of an active maternity colony, then exclusion measures shall be utilized
and must include one-way valves that allow bats to leave but are designed so that the bats
may not re-enter the structure. For each occupied roost removed, one bat box shall be
installed in similar habitat as determined by the Project biologist and shall have similar
cavities or crevices to those which are removed, including access, ventilation,
dimensions, height above ground, and thermal conditions. If a bat colony would be
eliminated from the Project site, appropriate alternate bat habitat shall be installed within
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
39
the Project site. To the extent practicable, alternate bat house installation shall occur near
onsite drainages.
b. Finding: The City finds that implementation of mitigation measures, including pre-construction
surveys and relocation of animal species, would minimize potential impacts to the maximum
extent feasible and result in less severe impacts compared to the Draft FRSP analyzed in the Final
EIR due to the Project’s avoidance of development of sensitive habitat areas above the 150-foot
elevation line and around Drainage 1, 2, and 3 in the southwest area of the site. MM BIO-1 and
MM BIO-9 through MM BIO-12 would reduce impacts to listed, candidate, or special-status
wildlife species and assure compliance with Conservation and Open Space Element Policies
7.3.1, Protect Listed Species, and 7.3.2, Species of Local Concern. Implementation of MM HAZ-
2 requiring preparation of a Community Fire Protection Plan and use of a City-qualified biologist
and Applicant’s Environmental Coordinator to identify and preserve the integrity of vegetation
and habitat, as well as the maximum feasible avoidance of designated special-status species,
would also reduce impacts. Thus, impacts would be reduced to a less than significant level.
3. Impact BIO-3: Project implementation would have a substantial adverse impact on state and
federally protected wetlands. The Project would have potentially significant adverse impacts on the
Calle Joaquin wetlands and the LOVR ditch, resulting in the loss of up to 1.54 acres of CDFW
jurisdictional features, 0.32 acre of USACE jurisdictional wetlands, and 0.73 acre of USACE Other
Waters (2.58 acres total). These losses would occur primarily from construction of LOVR frontage
improvements and relocation of the LOVR ditch, realignment of the Froom Creek channel, and
construction of LOVR widening improvements. Impacts may also occur to wetlands through
construction of an emergency access road connecting to LOVR. Compared to the Draft FRSP
analyzed in the Final EIR, impacts associated with utility line installation would be reduced under the
Project, as utilities extending from Villaggio to LOVR would be constructed across the proposed
emergency access road and would not occur underneath existing wetlands to the extent feasible. The
gravity sewer line may still need to be constructed under the creek. In addition to direct physical loss
and disturbance of existing wetlands, realignment of Froom Creek would substantially alter onsite
hydrology and drainage with potential to change the characteristics and dynamics of the Calle Joaquin
wetlands. While it is the intention of the Project to maintain or improve wetland habitat onsite,
realignment of Froom Creek has potential to affect the 5.81-acre Calle Joaquin wetlands by changing
the frequency and quantity of water supporting the wetlands, increasing potential for migration of the
Froom Creek corridor through these wetlands, increasing potential for sedimentation of the wetlands,
and altering the effects from severe storm and post-fire flood conditions (Refer to Residual Impacts,
beginning on page 3.4-68, Impact BIO-3, beginning on page 3.4-83, and Biological Resources,
beginning on page 5-58 of the Final EIR).
a. Mitigation: The following mitigation measures are required to reduce impacts to wetland features
associated with construction of the Project and realignment of Froom Creek. MM BIO-3 has been
edited to eliminate reference to the Upper Terrace in Villaggio since the Project no longer
proposes development in the Upper Terrace. Removal of development within the Upper Terrace
would substantially reduce potential impacts; MM BIO-3 would continue to apply to all other
portions of the Project site. MM BIO-Alt. 1 has been edited to remove reference to the southern
emergency access route entering the site from Calle Joaquin, as this component is not proposed as
part of the Project. Following further review of the Project, the City Fire Department concluded
that the access and emergency access roads shown in the proposed Project are adequate and meet
Fire Code regulations. Removal of this emergency access route would avoid additional impacts to
onsite drainages and Froom Creek; MM BIO-Alt. 1 would continue to apply to all other portions
of the Project site.
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
40
— Mitigation Measure BIO-1. The Applicant shall prepare and implement a Biological
Mitigation and Monitoring Plan that identifies both construction and operational related
avoidance, reduction, and mitigation measures for impacts to sensitive natural communities.
The Biological Mitigation and Monitoring Plan shall include Best Management Practices
(BMPs) to avoid or minimize impacts to biological resources, and implementation of on and
offsite habitat replacement as follows:
1. The Biological Mitigation and Monitoring Plan shall include the following construction-
related measures and BMPs:
a. Construction equipment and vehicles shall be stored at least 100 feet away from
existing and proposed drainage features and adjacent riparian habitat, and all
construction vehicle maintenance shall be performed in a designated offsite vehicle
storage and maintenance area approved by the City.
b. Prior to commencement of construction, Drainages 1, 2, 3, and 4 and all associated
springs, seeps, and wetlands shall be protected with construction fencing located a
minimum of 25 feet from the edge of the stream channel or top of bank and signed to
prohibit entry of construction equipment and personnel unless authorized by the City.
Fencing shall be maintained throughout the construction period for each phase of
development. Fencing and signage shall be removed following completion of
construction.
c. During any construction activities within 50 feet of the existing Froom Creek
channel, realigned Froom Creek channel, LOVR ditch, Drainages 1, 2, 3, or 4, or
other existing or proposed drainage features, a City-approved biological monitor shall
be present and have the authority to stop or redirect work as needed to protect
biological resources.
d. All construction materials (e.g., fuels, chemicals, building materials) shall be stored
at designated construction staging areas, which shall be located outside of designated
sensitive areas. Should spills occur, or if any unanticipated hazardous materials are
discovered, materials and/or contaminants shall be cleaned immediately and recycled
or disposed of to the satisfaction of the RWQCB, Department of Toxic Substances
Control, and/or San Luis Obispo County Public Health Environmental Services, as
applicable.
e. All trash and construction debris shall be properly disposed at the end of each day
and dumpsters shall be covered either with locking lids or with plastic sheeting at the
end of each workday and during storm events. All sheeting shall be carefully secured
to withstand weather conditions.
f. The Applicant shall implement measures designed to minimize construction-related
erosion and retain sediment on the Project site, including installation of silt fencing,
straw waddles, or other acceptable construction erosion control devices. Such
measures shall be installed along the perimeter of disturbed areas and along the top of
the bank of the existing and proposed Froom Creek channel and other existing or
proposed drainage features and 25 feet from the edge of Drainages 1, 2, 3, and 4. All
drainage shall be directed to sediment basins designed to retain all sediment onsite.
g. Concrete truck and tool washout shall occur in a designated location such that no
runoff will reach the creek, onsite drainages, or other sensitive areas.
h. All open trenches shall be constructed with appropriate exit ramps to allow species
that fall into a trench to escape. All open trenches shall be inspected at the beginning
of each work day to ensure that no wildlife species is present. Any sensitive wildlife
species found during inspections shall be gently encouraged to leave the Project site
by a qualified biologist or otherwise trained and City-approved personnel. Trenches
will remain open for the shortest period necessary to complete required work.
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
41
i. Existing disturbed areas shall be used for construction staging and storage to the
maximum extent possible to minimize disturbance of undeveloped habitats. All
construction access roads and staging areas shall be located to avoid known/mapped
habitat and minimize habitat fragmentation.
— Mitigation Measures BIO-2. The Applicant shall retain a qualified Environmental
Coordinator/qualified biologist, subject to review and approval by the City to oversee
compliance with the Biological Mitigation and Monitoring Plan. The Applicant’s
Environmental Coordinator shall monitor all construction activities, conduct a biological
resources education program for all construction workers prior to the initiation of any
clearing or construction activities, and provide quarterly reports to the City regarding
construction activities, enforcement issues, and remedial measures. The Applicant’s
Environmental Coordinator shall be responsible for conducting inspections of the work area
each work day to ensure that excavation areas and sensitive or restored habitats do not exhibit
construction-related impacts or hazards to wildlife. If any exposure risk is identified, the
Environmental Coordinator shall implement measures that could include, but not be limited
to, hazing, fencing, and wildlife removals to eliminate the exposure risk.
In addition, the Applicant’s Environmental Coordinator shall monitor and regulate all
construction occurring within 50 feet of the existing and proposed Froom Creek channel,
other existing or proposed drainage features, riparian habitat, Drainages 1, 2, 3, and 4, and
seasonal or permanent wetlands. During appropriate flowering, nesting, breeding, migration,
and dispersal seasons, the Environmental Coordinator shall also conduct sensitive species
surveys immediately prior to construction activities and shall monitor construction activities
in the vicinity of habitats to be avoided.
The work area boundaries and other off-limit areas shall be identified by the biologist and/or
Environmental Coordinator on a daily basis. The biologist and/or Environmental Coordinator
shall inspect construction and sediment control fencing each work day during construction
activities. Any vegetation clearing activities shall be monitored by the biologist and/or
Environmental Coordinator.
— Mitigation Measure BIO-3. The Biological Mitigation and Monitoring Plan shall include a
Habitat Mitigation and Monitoring Plan (HMMP) with details on timing and implementation
of required habitat restoration, enhancement, or creation measures. The Biological Mitigation
and Monitoring Plan and HMMP shall be prepared under the direction of, and approved by,
the City’s Natural Resources Manager in conjunction with regulatory agencies with
permitting authority over the Project. The HMMP shall contain, at a minimum, the following
components (or as otherwise modified by regulatory agency permitting conditions):
a. Pre-construction surveys and delineation of vegetation communities, habitat, and wetland
features, including clear maps and a summary of onsite habitats to be protected and
acreage, design, and locations of required habitat mitigation sites.
a. A description of the location and boundaries of the mitigation site and description of
existing site conditions.
b. A description of measures to be undertaken to enhance the mitigation site for the
target species and to protect sensitive resources.
c. Record necessary replacement of disturbed, altered, and/or lost area of habitat.
d. A binding long-term agreement with the Applicant to implement and maintain
protected and restored sensitive habitats, including native bunch grassland, wetlands,
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
42
springs, seeps, tributary drainages, and other sensitive or restored native habitats.
These measures shall identify typical performance and success criteria deemed
acceptable by the City and California Department of Fish and Wildlife (CDFW)
based on measurable goals and objectives. Said criteria for restored habitats shall be,
at a minimum, at least 70-percent survival of container plants and 70-percent relative
cover by vegetation type.
e. A description of habitat and species restoration and monitoring measures, including
specific and objective performance criteria, monitoring methods, data analysis,
reporting requirements, and monitoring schedule (At a minimum, success criteria
shall be at least 70-percent survival of container plants and 70-percent relative cover
by vegetation type and will include a replacement ratio of 2:1 and determination by a
City-approved biologist that the mitigation site provides ecological functions and
values for the focal species equal to or exceeding the impacted habitat).
f. Plan requirements that ensure mitigation elements that do not meet performance or
final success criteria within 5 years are completed through an extension of the plan
for an additional 2 years or at the discretion of the City Natural Resources Manager
with the goal of completing all mitigation requirements prior to the HMMP end date.
g. Monitoring of the mitigation and maintenance areas shall occur for the period
established in the HMMP, or until success criteria are met; an endowment may be
required in some cases as determined by the City. If success criteria cannot be met
through the HMMP, the City Natural Resources Manager shall specify appropriate
commensurate measures (e.g., onsite or offsite restoration, endowment, or bond to
the City for completion of necessary mitigation).
h. A binding long-term agreement with the Villaggio Life Plan Community to fund and
retain a qualified biologist to train all landscaping crew staff hired over the life of the
development on sensitive plant species and habitat within the vicinity of the
development, including the identification and avoidance of sensitive plants and
habitat. The qualified biologist shall conduct annual monitoring of vegetation
surrounding the development and prepare a report summarizing the avoidance or
disturbance of sensitive resources from operational activities of the Villaggio
development, and identifying necessary replacement or restoration of affected
resources. Necessary mitigation shall be subject to the same standards for
performance, monitoring, and success identified in subitems b through h, above. The
report shall be submitted to the City annually for review and approval.
i. A plan for fencing and/or signage around the Upper Terrace of the Villaggio
development, prohibiting residents, guests, and employees from accessing and
disturbing the surrounding sensitive resources.
j. Requirements for payment of annual fees to the City to fund City review and
inspection of the site and Biological Mitigation and Monitoring Plan and HMMP
requirements.
— Mitigation Measure BIO-4. The Biological Mitigation and Monitoring Plan shall require
avoidance of sensitive natural communities outside approved development footprints such as
the Nassella pulchra Herbaceous Alliance, Central Coast Arroyo Willow Scrub Community,
Coastal and Central Valley Freshwater Marsh, and wetland areas to the maximum extent
feasible. Mitigation for impacted sensitive natural communities that cannot be avoided shall
be achieved through one or more of the following options, subject to City approval:
e. Onsite restoration, enhancement, or creation of suitable replacement habitat, if feasible
onsite restoration opportunities exist and at ratios consistent with those identified in MM
BIO-5;
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
43
f. Offsite restoration or creation of suitable habitat for the impacted species at the minimum
replacement ratio of 2:1 for sensitive natural communities, native grasslands, and riparian
habitat;
g. Financial contribution to an in-lieu fee program that results in restoration or creation of
suitable habitat for the impacted natural communities and/or species; and/or
h. Purchase of mitigation credits at a USFWS- and/or CDFW-approved mitigation bank.
— Mitigation Measure BIO-5. The Biological Mitigation and Monitoring Plan shall require all
temporary and permanent direct and indirect impacts to wetlands, grasslands, and riparian
habitat be mitigated, as follows:
a. Temporary direct impacts to wetland, native grassland, and riparian habitat shall be
mitigated at a minimum 1:1 mitigation ratio (area of restored habitat to impacted habitat).
b. Permanent direct impacts to sensitive natural communities, such as native grasslands, and
riparian habitat shall be mitigated at a 2:1 ratio (area of restored and enhanced habitat to
impacted habitat).
c. Permanent direct impacts to wetlands shall be mitigated at a minimum 3:1 ratio unless
otherwise directed by state and federal agencies, including but not limited to the CDFW,
RWQCB, National Marine Fisheries Service (NMFS), and U.S. Fish and Wildlife Service
(USFWS) (as appropriate).
d. Potential indirect impacts to the Calle Joaquin wetlands affected by the Froom Creek
realignment and changes to site hydrology shall be mitigated as follows. As a part of the
HMMP prepared for the Project, the Applicant shall prepare and implement a Long-Term
Wetland Monitoring Plan that is designed to quantitatively and qualitatively assess the
effectiveness of the HMMP over time to ensure its objectives are achieved. The Long-
Term Wetland Monitoring Plan shall be supported by a Baseline Conditions Assessment
that identifies the pre-construction condition of the Calle Joaquin wetlands and
establishes success criteria for sustained wetland conditions. The Baseline Conditions
Assessment shall provide qualitative and quantitative information that will be used in
comparing data obtained during subsequent monitoring years to determine if a significant
deviance from baseline conditions has occurred at the site. The Long-Term Wetland
Monitoring Plan will establish the parameters of a significant deviance from baseline
conditions. A significant deviance from baseline may be defined as a “change in wetland
area greater than 10%”. The Baseline Conditions Assessment shall be updated prior to the
start of construction to support agency permitting and guide implementation of the Long-
Term Wetland Monitoring Plan. This updated baseline shall be considered in
combination with existing and past baseline documentation to provide an expanded
baseline reflective of a range of acceptable conditions to compare post Project conditions.
The Baseline Conditions Assessment shall include a focused description of the site’s
hydrologic setting, vegetative cover and composition, quantified wetland areas and
classifications, and shall establish the threshold for a significant deviance from wetland
area based on the presence of hydrophytic plant species, hydric soil indicators, and
wetland hydrology.
At minimum, the condition of the wetland shall be evaluated on an annual basis through
completion of a wetland assessment using a regulatory agency approved model (such as,
but not limited to, the California Rapid Assessment Method [CRAM]) to document and
facilitate long-term monitoring of changes to the wetland. The annual evaluation shall
determine and document any degree of change to the wetland as a result of the proposed
changes to site hydrology and development throughout build-out under the Specific Plan.
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
44
Reports documenting the annual wetland assessment shall be provided to the City and
relevant regulatory agencies.
Long-Term Wetland Monitoring for the Calle Joaquin wetlands shall occur continuously
for a period of no less than 7 years following Phase I build-out of the FRSP area. After
the initial 7-years of minimum annual monitoring, the frequency of long-term evaluations
shall be determined in coordination with regulatory agencies and per the requirements of
the Long-Term Wetland Monitoring Plan.
The Long-Term Wetland Monitoring Plan shall include (at minimum) the following
requirements. Additional detailed criteria and performance standards will be established
in the HMMP prepared for the project and approved by regulatory agencies, but they
shall not be any less stringent than the following criteria and performance standards:
i. Annual monitoring shall evaluate and track the wetland health and biological
integrity of the Calle Joaquin wetlands.
ii. Annual evaluations shall utilize intensive site assessments to provide a more
thorough and detailed measure of wetland condition by gathering direct
measurements of biological taxa and hydrogeomorphic functions.
iii. Typical industry standards for the quantitative evaluation of plant cover will be used
(e.g., Bonham 1989 and Daubenmire 1968) to evaluate plant composition and
structure as well as direct inspections of soil conditions and hydrologic functions.
iv. Annual or semi-annual evaluations shall observe and document the following, at a
minimum:
whether groundwater recharge from Froom Creek to the shallow aquifer is being
sustained,
whether the onsite artesian well has been discharging to the wetland,
evidence of overflows entering the Calle Joaquin wetland from the realigned
Froom Creek,
excessive ponding, as evidenced by changes in vegetation related to increased
duration of ponding,
measured depth to groundwater in the onsite artesian well and the relationship of
these conditions with conditions in the wetland,
specific conductance and temperature in the wetland and other surface sources,
the presence or absence of salt efflorescences in the wetland,
any persistent green vegetation patches or changes in willow/grass ecotone, and
representative photo points.
v. Monitoring of the realigned creek’s hydrology would be required following large
storm events during the rain season that are sufficient to initiate flowing water
through the site. If after the 3rd year of monitoring, vegetation has successfully
established along the creek corridor and sedimentation and erosion are not observed
beyond what is determined to be a normal level, then the rainy season monitoring
could be scaled back to occur on a quarterly or as-needed basis for the remainder of
the monitoring schedule, upon review and approval of the City’s Natural Resources
Manager and applicable regulatory agencies and consistent with the Long-Term
Wetland Monitoring Plan.
vi. Success criteria to determine whether the Calle Joaquin wetland functions are
sustained shall include the following, at a minimum:
The constructed bank between the realigned Froom Creek channel and the Calle
Joaquin wetlands remains functional and does not recurrently scour or fill to a
degree that impairs its operation or impedes circulation through the wetland,
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
45
Excessive surface water does not pond for periods of long duration,
Salts do not accumulate such that discernible increases in salt efflorescences at
the ground surface are not visible,
Evidence of deposition by high flows is not found within the wetland (e.g., silt,
organics, or other flood deposits).
vii. If success criteria are not achieved within the 7-year initial monitoring period, a
hydrologic assessment will be conducted by a U.S. Army Corps of Engineers
(USACE) approved specialist in groundwater supported wetlands to establish
whether non-attainment is attributable to onsite conditions or actions beyond the
effective control of the Project Applicant. The specialist shall be a registered
hydrologist or certified hydrogeologist with statewide expertise, familiarity with
groundwater supported wetlands in central coastal California and verifiable
experience conducting functional analyses of such wetlands. Recommendations for
remedial actions will be submitted by the groundwater specialist to the USACE for
review and written approval prior to implementation. If wetland failures are
determined to be directly related to the realignment of Froom Creek and development
within the Froom Creek Specific Plan area, possible remedial actions would include,
at minimum, the following:
Engineering controls include biotechnical erosion controls such as the installation
of willow wattles and brush mattressing and addition of native cobble to
reinforce the low flow berm separating the creek channel from the wetland area
to help contain flows into the wetland area.
If vegetation establishment is taking longer than expected, remedial measures
such as re-seeding bare soils, replanting areas of mortality, and increased
maintenance and monitoring may be prescribed.
If there is significant evidence of scouring, collapse, or filling of the overflow
bank between the realigned low-flow Froom Creek channel and the Calle Joaquin
wetlands, a registered professional engineer shall re-evaluate bank type, size, and
slope and recommend a solution, such as augmentation or replacement.
If there is excessive ponding (spatial or temporal), a registered professional
engineer shall assess access to and capacity of existing drainage outlets and
recommend a solution, such as augmentation or replacement if necessary.
If salt efflorescence is observed and specific conductance in the wetland is
greater than baseline conditions, a registered professional engineer shall re-
evaluate the bank type, slope, size, and conveyance between the realigned Froom
Creek low-flow channel and the Calle Joaquin wetlands to increase the frequency
of salt flushing, such as altering surface flows to more frequently overflow to the
wetland area.
viii. If through monitoring it is determined that the Project does not adversely impact the
Calle Joaquin wetland areas (as defined above), the Applicant shall provide
documentation annually (at minimum) to the City, for review and approval by the
City’s Natural Resources Manager, that no significant signs of hydrological
interruption, erosion (including bank failure), or sedimentation have occurred, that
the wetland is sustained in biological integrity and health with existing hydrologic
inputs, and that channel migration has not adversely affected existing wetland
features adjacent to Calle Joaquin.
ix. If through monitoring it is determined that the Project adversely impacts the Calle
Joaquin wetland area, recommendations shall be made for modifications to the
Project design in consultation with the City and appropriate regulatory agencies for
review and concurrence, as described in subsection viii above. The annual reports
would detail the issue or problem area and proposed remedial actions.
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
46
x. If through monitoring it is determined that the Calle Joaquin wetland condition and
function cannot be remediated with implementation of all feasible remedial actions
and recommendations identified through long-term monitoring and as described in
subsection vii above and the Long-Term Wetland Monitoring Plan, then adversely
affected wetland areas shall be delineated and mitigated on- or offsite at a minimum
3:1 ratio unless otherwise directed by state and federal agencies, including but not
limited to the CDFW, RWQCB, NMFS, and USFWS (as appropriate), consistent
with subsection (c) above.
xi. Funding for long-term wetland monitoring, adaptive management, and any
recommended contingency measures shall be the responsibility of the Applicant.
Payment of a bond by the Applicant would be required to ensure the availability of
adequate funds to ensure successful implementation and completion of the Long-
Term Wetland Monitoring Plan throughout build-out under the Specific Plan.
e. Habitat revegetation or creation shall occur in the fall or winter no more than 1 year
following habitat disturbance. Revegetation shall be monitored monthly for 7 years with
a goal of at least 70-percent survival of container plants and 70-percent relative cover by
vegetation type at the end of the 7-year period. Irrigation shall be provided during this
period or until otherwise determined necessary by the Applicant’s Environmental
Coordinator.
f. Riparian vegetation along Froom Creek shall be maintained in perpetuity to the
satisfaction of the City by the Applicant or a City-approved designee. Froom Creek
conditions shall be monitored annually following winter storm seasons to assess damage
to riparian vegetation and need for maintenance restoration. Monitoring and maintenance
of riparian vegetation conditions shall be conducted consistent with the requirements of
the Habitat Mitigation and Monitoring Plan outlined in MM BIO-3.
— Mitigation Measure BIO-6. The Biological Mitigation and Monitoring Plan shall detail
timing and implementation of required habitat restoration and shall be submitted to the City’s
Natural Resources Manager for review and approval, including requirements for consultation
with CDFW, NMFS, and USACE as needed. A copy of the final plan shall be submitted to
the City for review and approval. The plan shall be implemented by the Project Applicant,
under supervision by the City and the Applicant’s Environmental Coordinator, and shall:
a. Describe replacement of sensitive natural community habitats removed, lost, or adversely
impacted by the Project, including a list of the soil, plants, and other materials that will be
necessary for successful habitat restoration/ replacement, and a description of planting
methods, location, spacing, erosion protection, and irrigation measures that will be
needed. Restoration and habitat enhancement shall be limited to use of appropriate native
species. Habitat restoration or enhancement areas shall be designed to facilitate
establishment of appropriate native plants such as willows, cottonwoods, bunchgrass, and
rushes.
b. Habitat restoration or enhancement areas shall be established within the Project
boundaries, adjacent to and contiguous with existing habitats to the maximum extent
possible.
c. Habitat restoration or enhancement sites shall be placed within existing or additional
necessary deed-restricted area(s) and shall be maintained and monitored for a minimum
of 7 years. If sufficient onsite mitigation area is not practicable, an offsite mitigation plan
shall be prepared as part of the Biological Mitigation and Monitoring Plan and approved
by permitting agencies.
d. The Biological Mitigation and Monitoring Plan shall identify appropriate restoration and
enhancement activities to compensate for impacts to creek, wetland, native bunch grass
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
47
and riparian habitat, including a detailed planting plan and maintenance plans using
locally obtained native species, and shall include habitat enhancement to support native
wildlife and plant species.
e. A weed management plan and weed identification list shall be included in the Biological
Mitigation and Monitoring Plan.
f. Habitat restoration or enhancement areas shall be maintained weekly for the first three
years after Project completion and quarterly thereafter. Maintenance shall include
replacement of unsuccessful planted specimens and eradication of noxious weeds found
on California Department of Food and Agriculture (CDFA) Lists A and B. Noxious
weeds on CDFA List C may be eradicated or otherwise managed.
g. Quarterly and annual reports documenting site inspections and site recovery status shall
be prepared and sent to the City and appropriate agencies.
— Mitigation Measure BIO-7. Utility line installation shall be timed so that sensitive habitat
areas are not disturbed (e.g., prior to the development and restoration of the new Froom
Creek realignment, after removal of riparian areas along the LOVR Ditch due to LOVR
widening). In the event a utility line is proposed to be installed across the existing or
realigned Froom Creek, or the sensitive riparian areas along the LOVR Ditch, while these
features are in their natural or restored conditions, installation via horizontal directional
drilling (HDD) to avoid impacts to sensitive habitats. Prior to installation of utility lines, a
site-specific geotechnical investigation and frac-out clean-up plan shall be completed in areas
proposed for HDD. The geotechnical investigation shall provide recommendations for
avoidance of frac-outs and/or other HDD related impacts and to determine appropriate HDD
methods (i.e., appropriate drilling mud mixtures for specific types of sediments). The
investigation shall include results from at least three borings, a geologic cross-section, a
discussion of drilling conditions, and frac-out clean-up plan. The frac-out clean-up plan shall
identify methods for minimizing potential for frac-outs and addressing any necessary clean-
up or remediation in case of a frac-out. The boring operation would be stopped immediately
if a frac-out occurs and steps would be taken to contain and minimize the effects of any spill
of drilling mud. The Applicant shall comply with all recommendations of the geotechnical
investigation.
— Mitigation Measure BIO-8. The Applicant shall submit a Froom Creek restoration plan that
identifies measures for securing the proposed low-flow channel berm along the stretch of
Froom Creek proposed adjacent to the Calle Joaquin wetlands to protect the bank from
erosion and prevent migration of the Froom Creek channel into these wetlands. Measures for
securing the bank may include a mix of natural and biotechnical measures capable of
prevention erosion based on the anticipated erosive velocity of the creek under 100-year
storm conditions.
— Mitigation Measure BIO-Alt. 1. The additional emergency access roadway across Froom
Creek and the LOVR ditch and the southern emergency access route entering the site from
Calle Joaquin shall be reviewed by the City’s Public Works Department, Community
Development Department, Natural Resources Manager, and Fire Department prior to
adoption of the Final FRSP and approval of the Vesting Tentative Tract Map to ensure that
design is adequate for City emergency ingress/egress standards and minimizes impacts to
riparian vegetation and wildlife passage, and that adequate on- and offsite mitigation of
impacted riparian and wetland vegetation is provided. The City shall ensure review and
approval of these features as part of the Final FRSP considers the siting, alignment, width,
materials, and access controls.
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
48
b. Finding: The City finds that implementation of mitigation measures would substantially reduce
impacts to federal- and state-protected wetland areas through avoidance to the maximum extent
feasible, long-term monitoring of wetlands onsite, on- or offsite wetland restoration, and full
replacement of equivalent wetland values affected by proposed future development of the site at a
3:1 ratio unless otherwise required by appropriate regulatory agencies. The Project would avoid
impacts to the unique seep-fed wetlands in the Upper Terrace, which the EIR determined would
be difficult to mitigate through replacement due to the extent and variety of rare plant species
supported by those wetlands (refer to page 3.4-88 of the Final EIR). The Calle Joaquin wetland
and LOVR Ditch support hydrophytic wetland vegetation but do not support rare plant species.
Therefore, replacement of these wetlands (if necessary after long-term monitoring) would be
feasible and would reduce impacts to a less than significant level. Implementation of these
measures would reduce potential impacts to wetland habitats within the Lower Area (e.g., LOVR
ditch and Calle Joaquin wetlands) to a less than significant level. Impacts to wetlands in the
higher elevation area of the southwest portion of the site would be avoided compared to the Draft
FRSP analyzed in the Final EIR.
4. Impact BIO-4: Project construction and operation would have a substantial adverse impact on the
movement of resident or migratory fish or wildlife species or resident and migratory wildlife
corridors along Froom Creek, Drainages 1, 2, and 3, and across open grasslands in the southwest
portion of the Project site. The Project site is designated in the City General Plan Conservation and
Open Space Element as both a Wildlife Zone and Wildlife Corridor providing the conditions
necessary to allow wildlife to move safety through urban areas, particularly those on the urban-rural
interface of the City’s boundary. Implementation of the Project would disrupt wildlife utilization of
and movement across the Project site. Development of the Project would largely isolate the restored
Froom Creek channel and the Calle Joaquin wetlands from wildlife in the Irish Hills Natural Reserve,
replacing the existing broad open grasslands and ecotones that currently link these habitats with
intensive development, confining wildlife movement to a relatively narrow restored creek channel
extending between the proposed development and LOVR. While the realigned and restored From
Creek corridor may provide enhanced riparian habitat, it would be a relatively urbanized creek
corridor – compared to its current more natural state – bordered by relatively intensive development.
The Project would not disrupt wildlife utilization of and movement across the higher elevation areas
of the southwest portion of the site or along Drainages 1, 2, and 3 and their confluence with Froom
Creek (Refer to Impact BIO-4, beginning on page 3.4-88, and Biological Resources, beginning on
page 5-58 of the Final EIR).
a. Mitigation: The following mitigation would be required to reduce impacts to the movement of
wildlife species and migratory wildlife corridors to a less than significant level. MM BIO-3 has
been edited to eliminate reference to the Upper Terrace in Villaggio since the Project no longer
proposes development in the Upper Terrace. Removal of development within the Upper Terrace
would substantially reduce potential impacts; MM BIO-3 would continue to apply to all other
portions of the Project site. MM BIO-Alt. 1 has been edited to remove reference to the southern
emergency access route entering the site from Calle Joaquin, as this component is not proposed as
part of the Project. Following further review of the Project, the City Fire Department concluded
that the access and emergency access roads shown in the proposed Project are adequate and meet
Fire Code regulations. Removal of this emergency access route would avoid additional impacts to
onsite drainages and Froom Creek; MM BIO-Alt. 1 would continue to apply written to all other
portions of the Project site.
— Mitigation Measure BIO-1. The Applicant shall prepare and implement a Biological
Mitigation and Monitoring Plan that identifies both construction and operational related
avoidance, reduction, and mitigation measures for impacts to sensitive natural communities.
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
49
The Biological Mitigation and Monitoring Plan shall include Best Management Practices
(BMPs) to avoid or minimize impacts to biological resources, and implementation of on and
offsite habitat replacement as follows:
1. The Biological Mitigation and Monitoring Plan shall include the following construction-
related measures and BMPs:
a. Construction equipment and vehicles shall be stored at least 100 feet away from
existing and proposed drainage features and adjacent riparian habitat, and all
construction vehicle maintenance shall be performed in a designated offsite vehicle
storage and maintenance area approved by the City.
b. Prior to commencement of construction, Drainages 1, 2, 3, and 4 and all associated
springs, seeps, and wetlands shall be protected with construction fencing located a
minimum of 25 feet from the edge of the stream channel or top of bank and signed to
prohibit entry of construction equipment and personnel unless authorized by the City.
Fencing shall be maintained throughout the construction period for each phase of
development. Fencing and signage shall be removed following completion of
construction.
c. During any construction activities within 50 feet of the existing Froom Creek
channel, realigned Froom Creek channel, LOVR ditch, Drainages 1, 2, 3, or 4, or
other existing or proposed drainage features, a City-approved biological monitor shall
be present and have the authority to stop or redirect work as needed to protect
biological resources.
d. All construction materials (e.g., fuels, chemicals, building materials) shall be stored
at designated construction staging areas, which shall be located outside of designated
sensitive areas. Should spills occur, or if any unanticipated hazardous materials are
discovered, materials and/or contaminants shall be cleaned immediately and recycled
or disposed of to the satisfaction of the RWQCB, Department of Toxic Substances
Control, and/or San Luis Obispo County Public Health Environmental Services, as
applicable.
e. All trash and construction debris shall be properly disposed at the end of each day
and dumpsters shall be covered either with locking lids or with plastic sheeting at the
end of each workday and during storm events. All sheeting shall be carefully secured
to withstand weather conditions.
f. The Applicant shall implement measures designed to minimize construction-related
erosion and retain sediment on the Project site, including installation of silt fencing,
straw waddles, or other acceptable construction erosion control devices. Such
measures shall be installed along the perimeter of disturbed areas and along the top of
the bank of the existing and proposed Froom Creek channel and other existing or
proposed drainage features and 25 feet from the edge of Drainages 1, 2, 3, and 4. All
drainage shall be directed to sediment basins designed to retain all sediment onsite.
g. Concrete truck and tool washout shall occur in a designated location such that no
runoff will reach the creek, onsite drainages, or other sensitive areas.
h. All open trenches shall be constructed with appropriate exit ramps to allow species
that fall into a trench to escape. All open trenches shall be inspected at the beginning
of each work day to ensure that no wildlife species is present. Any sensitive wildlife
species found during inspections shall be gently encouraged to leave the Project site
by a qualified biologist or otherwise trained and City-approved personnel. Trenches
will remain open for the shortest period necessary to complete required work.
i. Existing disturbed areas shall be used for construction staging and storage to the
maximum extent possible to minimize disturbance of undeveloped habitats. All
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
50
construction access roads and staging areas shall be located to avoid known/mapped
habitat and minimize habitat fragmentation.
— Mitigation Measures BIO-2. The Applicant shall retain a qualified Environmental
Coordinator/qualified biologist, subject to review and approval by the City to oversee
compliance with the Biological Mitigation and Monitoring Plan. The Applicant’s
Environmental Coordinator shall monitor all construction activities, conduct a biological
resources education program for all construction workers prior to the initiation of any
clearing or construction activities, and provide quarterly reports to the City regarding
construction activities, enforcement issues, and remedial measures. The Applicant’s
Environmental Coordinator shall be responsible for conducting inspections of the work area
each work day to ensure that excavation areas and sensitive or restored habitats do not exhibit
construction-related impacts or hazards to wildlife. If any exposure risk is identified, the
Environmental Coordinator shall implement measures that could include, but not be limited
to, hazing, fencing, and wildlife removals to eliminate the exposure risk.
In addition, the Applicant’s Environmental Coordinator shall monitor and regulate all
construction occurring within 50 feet of the existing and proposed Froom Creek channel,
other existing or proposed drainage features, riparian habitat, Drainages 1, 2, 3, and 4, and
seasonal or permanent wetlands. During appropriate flowering, nesting, breeding, migration,
and dispersal seasons, the Environmental Coordinator shall also conduct sensitive species
surveys immediately prior to construction activities and shall monitor construction activities
in the vicinity of habitats to be avoided.
The work area boundaries and other off-limit areas shall be identified by the biologist and/or
Environmental Coordinator on a daily basis. The biologist and/or Environmental Coordinator
shall inspect construction and sediment control fencing each work day during construction
activities. Any vegetation clearing activities shall be monitored by the biologist and/or
Environmental Coordinator.
— Mitigation Measure BIO-3. The Biological Mitigation and Monitoring Plan shall include a
Habitat Mitigation and Monitoring Plan (HMMP) with details on timing and implementation
of required habitat restoration, enhancement, or creation measures. The Biological Mitigation
and Monitoring Plan and HMMP shall be prepared under the direction of, and approved by,
the City’s Natural Resources Manager in conjunction with regulatory agencies with
permitting authority over the Project. The HMMP shall contain, at a minimum, the following
components (or as otherwise modified by regulatory agency permitting conditions):
b. Pre-construction surveys and delineation of vegetation communities, habitat, and wetland
features, including clear maps and a summary of onsite habitats to be protected and
acreage, design, and locations of required habitat mitigation sites.
k. A description of the location and boundaries of the mitigation site and description of
existing site conditions.
l. A description of measures to be undertaken to enhance the mitigation site for the
target species and to protect sensitive resources.
m. Record necessary replacement of disturbed, altered, and/or lost area of habitat.
n. A binding long-term agreement with the Applicant to implement and maintain
protected and restored sensitive habitats, including native bunch grassland, wetlands,
springs, seeps, tributary drainages, and other sensitive or restored native habitats.
These measures shall identify typical performance and success criteria deemed
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
51
acceptable by the City and California Department of Fish and Wildlife (CDFW)
based on measurable goals and objectives. Said criteria for restored habitats shall be,
at a minimum, at least 70-percent survival of container plants and 70-percent relative
cover by vegetation type.
o. A description of habitat and species restoration and monitoring measures, including
specific and objective performance criteria, monitoring methods, data analysis,
reporting requirements, and monitoring schedule (At a minimum, success criteria
shall be at least 70-percent survival of container plants and 70-percent relative cover
by vegetation type and will include a replacement ratio of 2:1 and determination by a
City-approved biologist that the mitigation site provides ecological functions and
values for the focal species equal to or exceeding the impacted habitat).
p. Plan requirements that ensure mitigation elements that do not meet performance or
final success criteria within 5 years are completed through an extension of the plan
for an additional 2 years or at the discretion of the City Natural Resources Manager
with the goal of completing all mitigation requirements prior to the HMMP end date.
q. Monitoring of the mitigation and maintenance areas shall occur for the period
established in the HMMP, or until success criteria are met; an endowment may be
required in some cases as determined by the City. If success criteria cannot be met
through the HMMP, the City Natural Resources Manager shall specify appropriate
commensurate measures (e.g., onsite or offsite restoration, endowment, or bond to
the City for completion of necessary mitigation).
r. A binding long-term agreement with the Villaggio Life Plan Community to fund and
retain a qualified biologist to train all landscaping crew staff hired over the life of the
development on sensitive plant species and habitat within the vicinity of the
development, including the identification and avoidance of sensitive plants and
habitat. The qualified biologist shall conduct annual monitoring of vegetation
surrounding the development and prepare a report summarizing the avoidance or
disturbance of sensitive resources from operational activities of the Villaggio
development, and identifying necessary replacement or restoration of affected
resources. Necessary mitigation shall be subject to the same standards for
performance, monitoring, and success identified in subitems b through h, above. The
report shall be submitted to the City annually for review and approval.
s. A plan for fencing and/or signage around the Upper Terrace of the Villaggio
development, prohibiting residents, guests, and employees from accessing and
disturbing the surrounding sensitive resources.
t. Requirements for payment of annual fees to the City to fund City review and
inspection of the site and Biological Mitigation and Monitoring Plan and HMMP
requirements.
— Mitigation Measure BIO-4. The Biological Mitigation and Monitoring Plan shall require
avoidance of sensitive natural communities outside approved development footprints such as
the Nassella pulchra Herbaceous Alliance, Central Coast Arroyo Willow Scrub Community,
Coastal and Central Valley Freshwater Marsh, and wetland areas to the maximum extent
feasible. Mitigation for impacted sensitive natural communities that cannot be avoided shall
be achieved through one or more of the following options, subject to City approval:
a. Onsite restoration, enhancement, or creation of suitable replacement habitat, if feasible
onsite restoration opportunities exist and at ratios consistent with those identified in MM
BIO-5;
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
52
b. Offsite restoration or creation of suitable habitat for the impacted species at the minimum
replacement ratio of 2:1 for sensitive natural communities, native grasslands, and riparian
habitat;
c. Financial contribution to an in-lieu fee program that results in restoration or creation of
suitable habitat for the impacted natural communities and/or species; and/or
d. Purchase of mitigation credits at a USFWS- and/or CDFW-approved mitigation bank.
— Mitigation Measure BIO-5. The Biological Mitigation and Monitoring Plan shall require all
temporary and permanent direct and indirect impacts to wetlands, grasslands, and riparian
habitat be mitigated, as follows:
a. Temporary direct impacts to wetland, native grassland, and riparian habitat shall be
mitigated at a minimum 1:1 mitigation ratio (area of restored habitat to impacted habitat).
b. Permanent direct impacts to sensitive natural communities, such as native grasslands, and
riparian habitat shall be mitigated at a 2:1 ratio (area of restored and enhanced habitat to
impacted habitat).
c. Permanent direct impacts to wetlands shall be mitigated at a minimum 3:1 ratio unless
otherwise directed by state and federal agencies, including but not limited to the CDFW,
RWQCB, National Marine Fisheries Service (NMFS), and U.S. Fish and Wildlife Service
(USFWS) (as appropriate).
d. Potential indirect impacts to the Calle Joaquin wetlands affected by the Froom Creek
realignment and changes to site hydrology shall be mitigated as follows. As a part of the
HMMP prepared for the Project, the Applicant shall prepare and implement a Long-Term
Wetland Monitoring Plan that is designed to quantitatively and qualitatively assess the
effectiveness of the HMMP over time to ensure its objectives are achieved. The Long-
Term Wetland Monitoring Plan shall be supported by a Baseline Conditions Assessment
that identifies the pre-construction condition of the Calle Joaquin wetlands and
establishes success criteria for sustained wetland conditions. The Baseline Conditions
Assessment shall provide qualitative and quantitative information that will be used in
comparing data obtained during subsequent monitoring years to determine if a significant
deviance from baseline conditions has occurred at the site. The Long-Term Wetland
Monitoring Plan will establish the parameters of a significant deviance from baseline
conditions. A significant deviance from baseline may be defined as a “change in wetland
area greater than 10%”. The Baseline Conditions Assessment shall be updated prior to the
start of construction to support agency permitting and guide implementation of the Long-
Term Wetland Monitoring Plan. This updated baseline shall be considered in
combination with existing and past baseline documentation to provide an expanded
baseline reflective of a range of acceptable conditions to compare post Project conditions.
The Baseline Conditions Assessment shall include a focused description of the site’s
hydrologic setting, vegetative cover and composition, quantified wetland areas and
classifications, and shall establish the threshold for a significant deviance from wetland
area based on the presence of hydrophytic plant species, hydric soil indicators, and
wetland hydrology.
At minimum, the condition of the wetland shall be evaluated on an annual basis through
completion of a wetland assessment using a regulatory agency approved model (such as,
but not limited to, the California Rapid Assessment Method [CRAM]) to document and
facilitate long-term monitoring of changes to the wetland. The annual evaluation shall
determine and document any degree of change to the wetland as a result of the proposed
changes to site hydrology and development throughout build-out under the Specific Plan.
Reports documenting the annual wetland assessment shall be provided to the City and
relevant regulatory agencies.
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
53
Long-Term Wetland Monitoring for the Calle Joaquin wetlands shall occur continuously
for a period of no less than 7 years following Phase I build-out of the FRSP area. After
the initial 7-years of minimum annual monitoring, the frequency of long-term evaluations
shall be determined in coordination with regulatory agencies and per the requirements of
the Long-Term Wetland Monitoring Plan.
The Long-Term Wetland Monitoring Plan shall include (at minimum) the following
requirements. Additional detailed criteria and performance standards will be established
in the HMMP prepared for the project and approved by regulatory agencies, but they
shall not be any less stringent than the following criteria and performance standards:
i. Annual monitoring shall evaluate and track the wetland health and biological
integrity of the Calle Joaquin wetlands.
ii. Annual evaluations shall utilize intensive site assessments to provide a more
thorough and detailed measure of wetland condition by gathering direct
measurements of biological taxa and hydrogeomorphic functions.
iii. Typical industry standards for the quantitative evaluation of plant cover will be used
(e.g., Bonham 1989 and Daubenmire 1968) to evaluate plant composition and
structure as well as direct inspections of soil conditions and hydrologic functions.
iv. Annual or semi-annual evaluations shall observe and document the following, at a
minimum:
whether groundwater recharge from Froom Creek to the shallow aquifer is being
sustained,
whether the onsite artesian well has been discharging to the wetland,
evidence of overflows entering the Calle Joaquin wetland from the realigned
Froom Creek,
excessive ponding, as evidenced by changes in vegetation related to increased
duration of ponding,
measured depth to groundwater in the onsite artesian well and the relationship of
these conditions with conditions in the wetland,
specific conductance and temperature in the wetland and other surface sources,
the presence or absence of salt efflorescences in the wetland,
any persistent green vegetation patches or changes in willow/grass ecotone, and
representative photo points.
v. Monitoring of the realigned creek’s hydrology would be required following large
storm events during the rain season that are sufficient to initiate flowing water
through the site. If after the 3rd year of monitoring, vegetation has successfully
established along the creek corridor and sedimentation and erosion are not observed
beyond what is determined to be a normal level, then the rainy season monitoring
could be scaled back to occur on a quarterly or as-needed basis for the remainder of
the monitoring schedule, upon review and approval of the City’s Natural Resources
Manager and applicable regulatory agencies and consistent with the Long-Term
Wetland Monitoring Plan.
vi. Success criteria to determine whether the Calle Joaquin wetland functions are
sustained shall include the following, at a minimum:
The constructed bank between the realigned Froom Creek channel and the Calle
Joaquin wetlands remains functional and does not recurrently scour or fill to a
degree that impairs its operation or impedes circulation through the wetland,
Excessive surface water does not pond for periods of long duration,
Salts do not accumulate such that discernible increases in salt efflorescences at
the ground surface are not visible,
Evidence of deposition by high flows is not found within the wetland (e.g., silt,
organics, or other flood deposits).
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
54
vii. If success criteria are not achieved within the 7-year initial monitoring period, a
hydrologic assessment will be conducted by a U.S. Army Corps of Engineers
(USACE) approved specialist in groundwater supported wetlands to establish
whether non-attainment is attributable to onsite conditions or actions beyond the
effective control of the Project Applicant. The specialist shall be a registered
hydrologist or certified hydrogeologist with statewide expertise, familiarity with
groundwater supported wetlands in central coastal California and verifiable
experience conducting functional analyses of such wetlands. Recommendations for
remedial actions will be submitted by the groundwater specialist to the USACE for
review and written approval prior to implementation. If wetland failures are
determined to be directly related to the realignment of Froom Creek and development
within the Froom Creek Specific Plan area, possible remedial actions would include,
at minimum, the following:
Engineering controls include biotechnical erosion controls such as the installation
of willow wattles and brush mattressing and addition of native cobble to
reinforce the low flow berm separating the creek channel from the wetland area
to help contain flows into the wetland area.
If vegetation establishment is taking longer than expected, remedial measures
such as re-seeding bare soils, replanting areas of mortality, and increased
maintenance and monitoring may be prescribed.
If there is significant evidence of scouring, collapse, or filling of the overflow
bank between the realigned low-flow Froom Creek channel and the Calle Joaquin
wetlands, a registered professional engineer shall re-evaluate bank type, size, and
slope and recommend a solution, such as augmentation or replacement.
If there is excessive ponding (spatial or temporal), a registered professional
engineer shall assess access to and capacity of existing drainage outlets and
recommend a solution, such as augmentation or replacement if necessary.
If salt efflorescence is observed and specific conductance in the wetland is
greater than baseline conditions, a registered professional engineer shall re-
evaluate the bank type, slope, size, and conveyance between the realigned Froom
Creek low-flow channel and the Calle Joaquin wetlands to increase the frequency
of salt flushing, such as altering surface flows to more frequently overflow to the
wetland area.
viii. If through monitoring it is determined that the Project does not adversely impact the
Calle Joaquin wetland areas (as defined above), the Applicant shall provide
documentation annually (at minimum) to the City, for review and approval by the
City’s Natural Resources Manager, that no significant signs of hydrological
interruption, erosion (including bank failure), or sedimentation have occurred, that
the wetland is sustained in biological integrity and health with existing hydrologic
inputs, and that channel migration has not adversely affected existing wetland
features adjacent to Calle Joaquin.
ix. If through monitoring it is determined that the Project adversely impacts the Calle
Joaquin wetland area, recommendations shall be made for modifications to the
Project design in consultation with the City and appropriate regulatory agencies for
review and concurrence, as described in subsection viii above. The annual reports
would detail the issue or problem area and proposed remedial actions.
x. If through monitoring it is determined that the Calle Joaquin wetland condition and
function cannot be remediated with implementation of all feasible remedial actions
and recommendations identified through long-term monitoring and as described in
subsection vii above and the Long-Term Wetland Monitoring Plan, then adversely
affected wetland areas shall be delineated and mitigated on- or offsite at a minimum
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
55
3:1 ratio unless otherwise directed by state and federal agencies, including but not
limited to the CDFW, RWQCB, NMFS, and USFWS (as appropriate), consistent
with subsection (c) above.
xi. Funding for long-term wetland monitoring, adaptive management, and any
recommended contingency measures shall be the responsibility of the Applicant.
Payment of a bond by the Applicant would be required to ensure the availability of
adequate funds to ensure successful implementation and completion of the Long-
Term Wetland Monitoring Plan throughout build-out under the Specific Plan.
e. Habitat revegetation or creation shall occur in the fall or winter no more than 1 year
following habitat disturbance. Revegetation shall be monitored monthly for 7 years with
a goal of at least 70-percent survival of container plants and 70-percent relative cover by
vegetation type at the end of the 7-year period. Irrigation shall be provided during this
period or until otherwise determined necessary by the Applicant’s Environmental
Coordinator.
f. Riparian vegetation along Froom Creek shall be maintained in perpetuity to the
satisfaction of the City by the Applicant or a City-approved designee. Froom Creek
conditions shall be monitored annually following winter storm seasons to assess damage
to riparian vegetation and need for maintenance restoration. Monitoring and maintenance
of riparian vegetation conditions shall be conducted consistent with the requirements of
the Habitat Mitigation and Monitoring Plan outlined in MM BIO-3.
— Mitigation Measure BIO-6. The Biological Mitigation and Monitoring Plan shall detail
timing and implementation of required habitat restoration and shall be submitted to the City’s
Natural Resources Manager for review and approval, including requirements for consultation
with CDFW, NMFS, and USACE as needed. A copy of the final plan shall be submitted to
the City for review and approval. The plan shall be implemented by the Project Applicant,
under supervision by the City and the Applicant’s Environmental Coordinator, and shall:
a. Describe replacement of sensitive natural community habitats removed, lost, or adversely
impacted by the Project, including a list of the soil, plants, and other materials that will be
necessary for successful habitat restoration/ replacement, and a description of planting
methods, location, spacing, erosion protection, and irrigation measures that will be
needed. Restoration and habitat enhancement shall be limited to use of appropriate native
species. Habitat restoration or enhancement areas shall be designed to facilitate
establishment of appropriate native plants such as willows, cottonwoods, bunchgrass, and
rushes.
b. Habitat restoration or enhancement areas shall be established within the Project
boundaries, adjacent to and contiguous with existing habitats to the maximum extent
possible.
c. Habitat restoration or enhancement sites shall be placed within existing or additional
necessary deed-restricted area(s) and shall be maintained and monitored for a minimum
of 7 years. If sufficient onsite mitigation area is not practicable, an offsite mitigation plan
shall be prepared as part of the Biological Mitigation and Monitoring Plan and approved
by permitting agencies.
d. The Biological Mitigation and Monitoring Plan shall identify appropriate restoration and
enhancement activities to compensate for impacts to creek, wetland, native bunch grass
and riparian habitat, including a detailed planting plan and maintenance plans using
locally obtained native species, and shall include habitat enhancement to support native
wildlife and plant species.
e. A weed management plan and weed identification list shall be included in the Biological
Mitigation and Monitoring Plan.
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
56
f. Habitat restoration or enhancement areas shall be maintained weekly for the first three
years after Project completion and quarterly thereafter. Maintenance shall include
replacement of unsuccessful planted specimens and eradication of noxious weeds found
on California Department of Food and Agriculture (CDFA) Lists A and B. Noxious
weeds on CDFA List C may be eradicated or otherwise managed.
g. Quarterly and annual reports documenting site inspections and site recovery status shall
be prepared and sent to the City and appropriate agencies.
— Mitigation Measure BIO-9. Construction and grading of the realigned portion of Froom Creek,
including planting of riparian vegetation, watering, and bank stabilization, shall be conducted
prior to removal of the existing creek segment to ensure a habitat for special-status species
within the creek is maintained through the Project site with no interruption during construction.
Project phasing shall be adjusted as needed to accommodate this sequence of construction
activities.
— Mitigation Measure BIO-11. The Biological Mitigation and Monitoring Plan shall address
special-status wildlife species management. Grading and construction activities shall avoid
the rainy season (typically October 15 to April 15) to the extent practicable, particularly
within 50 feet of the existing and proposed Froom Creek channel, and other existing or
proposed drainage features, riparian or wetland habitat, and any suitable nesting sites as
determined by the City-approved biologist. Injury, mortality to, or significant disturbance of
onsite sensitive species, including the California red-legged frog, south-central California
coast steelhead, and white-tailed kite, shall be avoided. The plan shall include the following
measures: pre-construction surveys; worker awareness; cessation of work in occupied areas if
individuals are identified; relocation (if necessary) of frogs and steelhead from the work area
by a professional biologist authorized by the USFWS and/or CDFW; and monitoring of
construction activities within the vicinity of sensitive habitats by a qualified biologist during
construction, consistent with MM BIO-2. Necessary permits shall be obtained from the state
(CDFW) and federal (USACE and USFWS) regulatory agencies with jurisdiction and/or
permitting authority over a portion of the Project. Any other sensitive species observed
during the pre-construction surveys shall be relocated by the qualified biologist into the
nearest suitable habitat outside the disturbance area as determined in consultation with the
appropriate jurisdictional resource agency.
— Mitigation Measure BIO-12. The Biological Mitigation and Monitoring Plan shall address
the habitation and movement of special-status wildlife species, as follows:
1. Migratory and Nesting/Burrowing Bird Management. Grading and construction activities
shall avoid the breeding season (typically from February 15 to August 15) to the extent
practicable, particularly within 50 feet of riparian or wetland habitat and mature trees and
within onsite grasslands. If Project activities must be conducted during this period and
within the vicinity of riparian or wetland habitat, grasslands, and/or mature trees, pre-
construction nesting bird surveys shall take place no more than one week prior to habitat
disturbance associated with each phase; if active nests or burrows are located during
these surveys, the following measures shall be implemented:
a. Construction activities within 50 feet of active nests shall be restricted until chicks
have fledged, unless the nest belongs to a raptor or burrowing owl, in which case a
minimum 500-foot activity restriction buffer shall be observed.
b. Construction shall be limited to daylight hours (7:00 AM to 7:00 PM or sunset,
whichever is sooner).
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
57
c. A pre-construction survey report shall be submitted to the City immediately upon
completion of the survey. The report shall detail appropriate fencing or flagging of
the buffer zone and make recommendations on additional monitoring requirements.
A map of the Project site and nest locations shall be included with the report. If any
sensitive species are observed during pre-construction surveys, the Project biologist
shall coordinate with appropriate resource agencies to determine appropriate
procedure for handling or avoidance of the specimen.
d. The Project biologist conducting the nesting survey shall have the authority to reduce
or increase the recommended buffer depending upon site conditions and the species
involved. A report of findings and recommendations for bird protection shall be
submitted to the City prior to vegetation removal. If sensitive or special-status species
are observed during pre-construction surveys, the Project biologist shall coordinate
with appropriate resource agencies to determine appropriate procedures for handling
or avoidance of the specimen.
e. If burrowing owls are found onsite and avoidance is not possible, burrow exclusion
shall be conducted by City-approved qualified biologists and only during the non-
breeding season, before breeding behavior is exhibited and after the burrow is
confirmed empty through non-invasive methods, such as surveillance. CDFW
recommends replacement of occupied burrows with artificial burrows at a ratio of
one burrow collapsed to one artificial burrow constructed (1:1) To avoid
recolonization, ongoing surveillance shall be provided by the City-approved Project
biologists throughout Project construction at a rate that is sufficient to detect
burrowing owls if they return.
2. Bat Colony Management. Prior to removal of any trees over 20 inches diameter-at-breast-
height (DBH) or demolition/relocation of existing onsite structures, a survey shall be
conducted by a City and CDFW-approved biologist to determine if any tree or structure
proposed for removal, trimming, demolition, or relocation harbors sensitive bat species or
maternal bat colonies. Maternal bat colonies shall not be disturbed, and grading and
construction activities shall avoid the bat breeding season to the extent feasible. If
disturbance of structures must occur during the bat breeding season, buildings must be
inspected and deemed clear of bat colonies/roosts within 7 days of demolition and an
appropriately trained and approved biologist must conduct a daily site-clearance during
demolition. If bats are roosting in a structure or tree in the Project site during the daytime
but are not part of an active maternity colony, then exclusion measures shall be utilized
and must include one-way valves that allow bats to leave but are designed so that the bats
may not re-enter the structure. For each occupied roost removed, one bat box shall be
installed in similar habitat as determined by the Project biologist and shall have similar
cavities or crevices to those which are removed, including access, ventilation,
dimensions, height above ground, and thermal conditions. If a bat colony would be
eliminated from the Project site, appropriate alternate bat habitat shall be installed within
the Project site. To the extent practicable, alternate bat house installation shall occur near
onsite drainages.
— Mitigation Measure BIO-13. The Applicant shall amend the FRSP to establish a 300-foot
development buffer on the centerline of the confluence of Drainage 1, 2, and 3 and the
realigned Froom Creek to maintain natural vegetation, ecological, hydrologic, and wildlife
connectivity between the Irish Hills Natural Reserve and the Froom Creek corridor. The
required buffer shall extend from the point at which the proposed realigned Froom Creek
exits the Specific Plan area, upstream along the centerlines of Drainages 1, 2, and 3 for 600
linear feet. The Applicant shall relocate residential uses to areas outside of this buffer and
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
58
should not exacerbate biological resource impacts in other areas of the site (This measure has
been incorporated into the design of the Project and reflected on the Project land use plan).
— Mitigation Measure BIO-14. Proposed roadway/pathway crossings over any drainage shall
be designed to ensure adequate passage for wildlife, consistent with the design standards and
guidelines of the Federal Highway Administration Wildlife Crossing Structure Handbook.
— Mitigation Measure BIO-Alt.1. The additional emergency access roadway across Froom
Creek and the LOVR ditch and the southern emergency access route entering the site from
Calle Joaquin shall be reviewed by the City’s Public Works Department, Community
Development Department, Natural Resources Manager, and Fire Department prior to
adoption of the Final FRSP and approval of the Vesting Tentative Tract Map to ensure that
design is adequate for City emergency ingress/egress standards and minimizes impacts to
riparian vegetation and wildlife passage, and that adequate on- and offsite mitigation of
impacted riparian and wetland vegetation is provided. The City shall ensure review and
approval of these features as part of the Final FRSP considers the siting, alignment, width,
materials, and access controls.
b. Finding: The City finds that the Project would avoid development of much of the most sensitive
and important wildlife movement corridors of the site and would result in less severe impacts
compared to the Draft FRSP analyzed in the Final EIR. With implementation of mitigation
measures, potential impacts to resident or migratory wildlife and resident or migratory corridors
would be reduced by ensuring the ability of resident or migratory wildlife to access high quality
habitats. Impacts would be reduced to a less than significant level.
5. Impact BIO-5: Project construction would result in the potential disturbance, trimming, or removal
of up to 75 mature trees. On the northwestern side of the site, potentially affected trees are located in
the developed/disturbed area adjacent to the existing quarry and construction business. Mature trees
in the southwest portion of the Project site adjacent to Drainages 1, 2, and 3 would also be potentially
affected. The land use map for Project would designate residential and commercial areas to avoid
direct and indirect disturbance to much of the woodland areas, reducing indirect fire clearance
impacts to coast live oak and California bay woodlands. Based on the Project land use plan,
approximately 19 mature western sycamore, Freemont cottonwood, arroyo willow, Peruvian pepper
tree, and eucalyptus trees would be directly affected by development of the site. Trimming or work
within the rootzone of mature trees for construction or wildfire buffering could indirectly impact
additional mature trees within the vicinity of Drainages 1, 2, and 3 (Refer to Impact BIO-5, beginning
on page 3.4-94, and Biological Resources, beginning on page 5-58 of the Final EIR).
a. Mitigation: The following mitigation would be required to reduce impacts to native trees to a less
than significant level.
— Mitigation Measure BIO-15: Native Tree Protection. To ensure protection of native
protected trees with respect to the tree trunk, canopy, and root zone, the Applicant shall hire a
City-approved arborist or qualified biologist to conduct a daily, pre-construction survey of all
activities occurring within the protected root zones of protected trees, and shall make
recommendations for avoidance, and for any necessary remedial work to ensure the health
and safety of trees that are encroached, and any measures necessary to reduce and/or remove
potential safety hazards posed by any of these trees. Following construction, the health of
affected trees shall be monitored by the arborist or qualified biologist for up to 5 years if
necessary and as determined at the discretion of the City.
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
59
Should Project activities result in the compromised health of native trees resulting from
encroachment, the Applicant shall submit a native tree replacement planting program,
prepared by a qualified biologist, arborist, or other resource specialist, which specifies
replacement tree locations, tree or seedling size, planting specifications, and a monitoring
program to ensure that the replacement planting program is successful, including
performance standards for determining whether replacement trees are healthy and growing
normally, and procedures for periodic monitoring and implementation of corrective measures
in the event that the health of replacement trees declines.
Where the worsened health of a tree results in the loss of protected tree species, mitigation
measures in the native tree replacement program shall include the planting of replacement
trees on the Project site, if suitable area exists. Riparian trees 4 inches or greater measured at
DBH shall be replaced in-kind at a minimum ratio of 3:1 (replaced: removed). Trees 24
inches or greater inches DBH shall be replaced in-kind at a minimum ratio of 10:1. Willows
and cottonwoods may be planted from live stakes following guidelines provided in the
California Salmonid Stream Habitat Restoration Manual for planting dormant cuttings and
container stock (CDFW 2010).
Tree replacement shall be conducted in accordance with a Natural Habitat Restoration and
Enhancement Plan to be approved by the City’s Natural Resources Manager.
The Natural Habitat Restoration and Enhancement Plan shall prioritize the planting of
replacement trees on-site where feasible, but shall allow that replacement trees may be
planted off-site with approval of the City’s Natural Resources Manager.
Replacement trees may be planted in the fall or winter of the year in which trees were
removed. All replacement trees will be planted no more than 1 year following the date upon
which the native trees were removed.
Where onsite mitigation through planting replacement trees is not feasible, mitigation shall be
provided by one of the following methods:
Off-site mitigation shall be provided by planting no less than 10:1, at a suitable site that is
restricted from development or is public parkland. The Applicant shall plant seedlings –
less than 1-year old – in an area providing suitable habitat. In the case of oak trees, the
seedlings shall be grown from acorns collected in the area; or
An in-lieu fee shall be provided for the unavoidable impacts of the loss of native tree
habitat. The fee shall be based on the type, size and age of the tree(s) removed.
b. Finding: The City finds the above described mitigations would reduce potential impacts to mature
trees to a less than significant level.
D. CULTURAL AND TRIBAL CULTURAL RESOURCES
1. Impact CR-1. Project grading and construction would occur within areas of prehistoric archaeological
sensitivity with the potential to impact subsurface cultural or tribal cultural resources. Per the technical
studies completed for the Draft FRSP and the City’s Archeological Resource Preservation Program
Guidelines, there are two known prehistoric sites and archaeologically sensitive areas within the Project
site that may contain undiscovered cultural resources that would be impacted by construction under this
alternative, including within the higher elevation areas of the southwest portion of the site and a 200-
foot area around the top of banks of Froom Creek (Refer to Impact CR-1, beginning on page 3.5-24,
and the Cultural and Tribal Cultural Resources Section, beginning on 5-67 of the Final EIR).
a. Project Mitigation: The following mitigation measures would be required to reduce potential
construction related impacts to subsurface resources.
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
60
— Mitigation Measure CR-1. A Phase 2 – Subsurface Archaeological Resource Evaluation
(SARE) investigation shall be conducted prior to any grading or development proposed
within 200 feet of the recorded P-40-000783 and P-40-001195 sites, or the unrecorded site
comprising three mapped stone isolates, to evaluate the potential for unknown buried
resources within these “archaeologically sensitive” areas, including but not limited to stone,
bone, glass, ceramics, fossils, wood, or shell artifacts, or features including hearths, structural
remains, or historic dumpsites, consistent with City Archeological Resource Preservation
Program Guidelines. If discovery of unknown buried archaeological resources occurs through
the SARE, a City-approved archaeologist shall evaluate the significance of the discovery
pursuant to City Archaeological Resource Preservation Program Guidelines and CEQA. If the
discovery is found to be a significant cultural resource, Project design shall be modified to
avoid modification, disturbance, or destruction of the archeological resource. If the Phase 2
SARE investigations do not discover unknown buried archaeological resources but conclude
there is a possibility that cultural resources exist within the archaeologically sensitive areas
that were evaluated, the Community Development Department Director shall require that the
Applicant retain a City-approved archaeologist and local Native American observer to
monitor construction activities to identify and protect archaeological resources in accordance
with the Archaeological Monitoring Plan described in MM CR-3.
— Mitigation Measure CR-2. If any ground disturbing activities are proposed within 100 feet of
the recorded sites P-40-000783, P-40-0011195, or the unrecorded site comprising three
mapped stone isolates, on preparation of construction plans, the plans shall delineate a 50-
foot buffer surrounding the boundaries of the recorded sites. The area shall be labeled as an
“Environmentally Sensitive Area”. Highly visible temporary construction fencing shall be
installed along the boundary of the 50-foot buffer and shall remain in place until the
archaeological monitor recommends removal. If feasible, no ground disturbance, construction
worker foot traffic, storage of materials, or storage or use of equipment shall occur within the
“Environmentally Sensitive Area”. Archaeological monitoring shall occur during all
construction activities occurring within 50 feet of the delineated boundary. Upon completion
of archaeological monitoring, an archaeological monitoring report shall be prepared and
submitted to the City Community Development Department and the Central Coast
Information Center at the University of California Santa Barbara.
— Mitigation Measure CR-3. Prior to issuance of grading or building permits, and recordation
of the final map, an Archaeological Monitoring Plan (AMP) shall be prepared. The AMP
should include, but not be limited to, the following:
A list of personnel involved in the monitoring activities;
Description of Native American involvement;
Description of how the monitoring shall occur;
Description of location and frequency of monitoring (e.g., full time, part time, spot
checking);
Description of what resources are expected to be encountered;
Description of circumstances that would result in the halting of work at the project site;
Description of procedures for halting work on the site and notification procedures;
Description of monitoring reporting procedures; and
Provide specific, detailed protocols for what to do in the event of the discovery of human
remains.
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
61
— Mitigation Measure CR-4. The Applicant shall retain a City-approved archaeologist and
local Native American observer to monitor Project-related ground-disturbing activities that
have the potential to encounter previously unidentified archaeological resources, as outlined
in the AMP prepared to satisfy MM CR-3. Archaeological and tribal monitoring may cease
only if the City-approved archaeologist determines in coordination with the Applicant,
Community Development Director, and the Native American monitor that Project activities
do not have the potential to encounter and/or disturb unknown resources.
— Mitigation Measure CR-5. In the event of any inadvertent discovery of prehistoric
archaeological resources, including but not limited to stone, bone, glass, ceramics, fossils,
wood, or shell artifacts, or historic-period archaeological resources, all work within 100 feet
of the discovery shall immediately cease (or greater or lesser distance as needed to protect the
discovery and determined in the field by the City-approved archaeologist). The Applicant
and/or contractor shall immediately notify the City Community Development Department.
The City-approved archaeologist shall evaluate the significance of the discovery pursuant to
City Archaeological Resource Preservation Program Guidelines prior to resuming any
activities that could impact the site/discovery. If the City-approved archaeologist or Native
American monitor determine that the find may qualify for listing in the CRHR or as a tribal
cultural resource, the site shall be avoided or shall be subject to a Phase II or III mitigation
program consistent with City Archeological Resource Preservation Program Guidelines and
funded by the Applicant. Work shall not resume until authorization is received from the City.
— Mitigation Measure CR-6. Prior to construction of each phase, workers shall receive
education regarding the recognition of possible buried cultural remains and protection of all
cultural resources, including prehistoric and historic resources, during construction. Such
training shall provide construction personnel with direction regarding the procedures to be
followed in the unlikely event that previously unidentified archaeological materials, including
Native American burials, are discovered during construction. Training shall also inform
construction personnel that unauthorized collection or disturbance of artifacts or other
cultural materials is not allowed. The training shall be prepared by a City-approved
archaeologist and shall provide a description of the cultural resources that may be
encountered in the Project site, specify areas of known sensitivity, outline steps to follow in
the event that a discovery is made, and provide contact information for the City-approved
archaeologist, Native American monitor, and appropriate City personnel. The training shall
be conducted concurrent with other environmental or safety awareness and education
programs for the Project, provided that the program elements pertaining to archaeological
resources is provided by a qualified instructor meeting applicable professional standards.
— Mitigation Measure CR-7. If human remains are exposed during construction, the City
Community Development Department shall be notified immediately. The Applicant and City
shall comply with State Health and Safety Code Section 7050.5, which states that no further
disturbance shall occur until the County Coroner has been notified and can make the
necessary findings as to origin and disposition of the remains pursuant to PRC Section
5097.98. Construction shall halt around the discovery of human remains, the area shall be
protected, and consultation and treatment shall occur as prescribed by law.
b. Finding: The City finds that the mitigation measures will reduce impacts from construction-related
activities for the Project on cultural and tribal cultural resources to a less than significant degree.
2. Impact CR-2. Compared to the Draft FRSP analyzed in the Final EIR, operational impacts associated
with recreational activities of future residents in sensitive open space areas would be substantially
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
62
reduced under the Project. By avoiding development in the Upper Terrace, proposed residential
development would be located over 250 feet from known archaeological resources and, therefore, less
subject to potential indirect disturbance by future residents. The nearest residential structures in
Villaggio would be enclosed by a security fence that would further limit access to archaeologically
sensitive areas in the Upper Terrace. However, it is reasonable to assume that Villaggio residents
would use open space areas and the private recreational area for passive recreation or to access the
Irish Hills trails network. Increased passive recreational use of the open space by Project residential
populations and domesticated animals could result in indirect adverse impacts to prehistoric
resources, including illicit artifact collection and erosion from hiking, dog walking, etc. (Refer to
Impact CR-2, beginning on page 3.5-32, and the Cultural and Tribal Cultural Resources Section,
beginning on page 5-67 of the Final EIR).
a. Mitigation: The following mitigation measure would be required to reduce potential operational
damage to archaeological resources in the vicinity of residential area.
— Mitigation Measure CR-8. No designated recreational areas, facilities, pedestrian paths, or
roadways shall be located with 50 feet of a known prehistoric or tribal cultural resource site.
All archaeological site soils within 100 feet of a known prehistoric or tribal cultural site shall
be seeded with shallow rooted native vegetation unless existing natural vegetation (i.e.,
existing grasslands) can screen the cultural resource from view.
b. Finding: The City finds that the mitigation measure will reduce impacts from operational residential
activity on the site to archaeological resources to a less than significant level.
E. GEOLOGY AND SOILS
1. Impact GEO-5: Project construction could uncover paleontological resources in geologic deposits
during earthwork activities. The geologic deposits underlying the Project site, including Quaternary-
aged alluvial deposits and meta-sediments of the Franciscan Complex, have a low potential for
containing paleontological resources. Surficial deposits of Holocene age or previously disturbed
sediments are determined to have a low paleontological sensitivity because they are either too young
or unlikely to preserve fossilized remains. However, if paleontological resources were uncovered
during Project construction and were then improperly handled, such unknown paleontological
resources could be damaged or destroyed (Refer to Impact GEO-5, beginning on page 3.6-26, and the
Geology and Soils Section, beginning on page 5-69 of the Final EIR).
a. Mitigation: The following mitigation measure would be required to reduce risk of potential damage
to paleontological resources in earthwork activities to less than significant.
— Mitigation Measure GEO-1. Prior to construction of each phase, workers shall receive
education regarding the recognition of possible paleontological resources, during grading and
excavation. Such training shall provide construction personnel with direction regarding the
procedures to be followed in the unlikely event that previously unidentified paleontological
materials are discovered during construction. Training shall also inform construction
personnel that unauthorized collection or disturbance of paleontological resources is not
allowed. The training shall be prepared by a City-approved paleontologist and shall provide a
description of paleontological resources that may be encountered in the Project site, outline
steps to follow in the event that a discovery is made, and provide contact information for the
Project paleontologist and appropriate City personnel. The training shall be conducted
concurrent with other environmental or safety awareness and education programs for the
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
63
Project, provided that the program elements pertaining to paleontological resources is
provided by a qualified instructor meeting applicable professional qualifications standards. In
order to prevent inadvertent potential significant impacts to paleontological resources that
may be encountered during ground disturbance or construction activities, in the event of any
inadvertent discovery of paleontological resources during construction, all work within the
vicinity of the resource shall temporarily cease. If a paleontological resource is discovered,
the City-approved paleontologist shall be notified to assess the significance of the find and
provide recommendations as necessary for its proper disposition.
b. Finding: The City finds that the mitigation measure will reduce impacts from earthwork
construction activities to a less than significant level.
F. HYDROLOGY AND WATER QUALITY
1. Impact HYD-1: Project construction activities would result in impacts to water quality due to
polluted runoff and increased erosion and/or siltation. Construction would include excavation,
grading, and other earthwork that would disturb soils across the Project site, including construction of
a new realigned channel for Froom Creek and installation of the proposed stormwater drainage basin,
along with supporting stormwater management infrastructure such as the Home Depot ditch and
LOVR ditch. During this time when soils are disturbed or stockpiled onsite, rainfall has the potential
to cause substantial soil erosion and sediment transport into Froom Creek due to runoff waters
moving over exposed areas and newly created slopes and entering the new drainage system leading to
the realigned Froom Creek and the Calle Joaquin wetlands. In addition, soil erosion could result in the
creation of onsite rills and gully systems, clog existing and planned drainage channels, breach erosion
control measures, and transport soil into down-gradient areas on the Project site (Refer to Impact
HYD-1, beginning on page 3.8-24, and the Hydrology and Water Quality Section, beginning on page
5-74 of the Final EIR).
a. Project Mitigation: The following mitigation measures would be required to reduce adverse
effects to water quality to a less than significant level.
— Mitigation Measure HYD-1. Prior to the issuance of any construction/grading permit and/or
the commencement of any clearing, grading, or excavation, the Applicant shall submit a
Notice of Intent (NOI) for discharge from the Project site to the California SWRCB Storm
Water Permit Unit.
— Mitigation Measure HYD-2. For each phase of construction, the Applicant shall require the
building contractor to prepare and submit a Storm Water Pollution Prevention Plan (SWPPP)
to the City 45 days prior to the start of work for approval. The contractor is responsible for
understanding the State General Permit and instituting the SWPPP during construction. A
SWPPP for site construction shall be developed prior to the initiation of grading and
implemented for all construction activity on the Project site in excess of 1 acre, or where the
area of disturbance is less than 1 acre but is part of the Project’s plan of development that in
total disturbs 1 or more acres. The SWPPP shall identify potential pollutant sources that may
affect the quality of discharges to stormwater and shall include specific BMPs to control the
discharge of material from the site, including, but not limited to:
• Temporary detention basins, straw bales, sand bagging, mulching, erosion control
blankets, silt fencing, and soil stabilizers shall be used.
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
64
• Sufficient physical protection and pollution prevention measures to prevent
sedimentation, siltation, and/or debris from entering the Calle Joaquin wetlands.
• Soil stockpiles and graded slopes shall be covered after 14 days of inactivity and 24 hours
prior to and during inclement weather conditions.
• Fiber rolls shall be placed along the top of exposed slopes and at the toes of graded areas
to reduce surface soil movement, as necessary.
• A routine monitoring plan shall be implemented to ensure success of all onsite erosion
and sedimentation control measures.
• Dust control measures shall be implemented to ensure success of all onsite activities to
control fugitive dust.
• Streets surrounding the Project site shall be cleaned daily or as necessary.
• BMPs shall be strictly followed to prevent spills and discharges of pollutants onsite
(material and container storage, proper trash disposal, construction entrances, etc.).
• Sandbags, or other equivalent techniques, shall be utilized along graded areas to prevent
siltation transport to the surrounding areas.
Additional BMPs shall be implemented for any fuel storage or fuel handling that could occur
onsite during construction. The SWPPP must be prepared in accordance with the guidelines
adopted by the SWRCB. The SWPPP shall be submitted to the City along with
grading/development plans for review and approval. The Applicant shall file a Notice of
Completion for construction of the development, identifying that pollution sources were
controlled during the construction of the Project and implementing a closure SWPPP for the
site.
— Mitigation Measure HYD-3. Installation of the stormwater management system shall occur
during the dry season (May through October), including realignment and restoration of
Froom Creek, installation of hydrological connections for the stormwater detention basin,
construction of onsite retention basins, and the installation of the Home Depot and LOVR
ditches. Stormwater management system features shall be fully installed and restored to
ensure soil stabilization and adequate stormwater conveyance capacity prior to the storm
season (October through April).
b. Finding: The City finds the mitigation measure will reduce impacts to water quality from
construction activities to a less than significant level.
2. Impact HYD-2: The Project would potentially exacerbate flooding and erosion hazards onsite and in
areas downstream, particularly related to the proposed realignment and design of Froom Creek and
developed areas of the site. Project development would substantially alter onsite drainage patterns
through realignment of Froom Creek, reconstruction of LOVR ditch, installation of the Home Depot
ditch, replacement of the existing onsite detention basin with the proposed stormwater detention basin
on Mountainbrook Church property, increases in development and impervious surfaces, and fill of the
Villaggio and Madonna Froom Ranch areas to raise site elevation by approximately one foot. In
addition, Project construction and proposed stormwater conveyance systems would substantially alter
the volume and velocity of surface water flows and runoff flowing to the realigned Froom Creek
channel, which could experience unstable banks and erosion over time. Implementation of proposed
stormwater treatment and retention measures would adequately attenuate all Project stormwater peak
flows and even slightly reduce peak flows at the U.S. 101 double box culvert. Considering proposed
stormwater management system improvements and the Preliminary Hydrologic and Hydraulic
Calculations prepared by RRM Design Group for the project, stormwater would be adequately
managed, maintained, and attenuated through on- and offsite stormwater control features, which are
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
65
designed consistent with the requirements of the City Drainage Design Manual and State Post
Construction Requirements. Based on the Preliminary Hydrologic and Hydraulic Calculations,
projected flow rates would not destabilize banks or cause substantial erosion of the realigned Froom
Creek. Further, though the lower elevation areas of the Project site are located within a designated
floodplain, the Project would relocate and redesign Froom Creek to provide additional flood-flow
capacity and would fill the Villaggio and Madonna Froom Ranch portions of the site within these
flood zones to engineered elevations above the 100-year floodplain. Implementation of the proposed
improvements would remove the site development area from the FEMA floodplain and require a
Conditional Letter of Map Revision/Letter of Map Revision from FEMA (Refer to Impact HYD-2,
beginning on page 3.8-29, and the Hydrology and Water Quality Section, beginning on page 5-74 of
the Final EIR).
a. Mitigation: The following mitigation measure would be required to reduce the Project’s impacts
on flooding and erosion to a less than significant level.
— Mitigation Measure HYD-4. The Applicant shall submit final Froom Creek Realignment
plans and supporting technical studies that provide a refined bio-engineering approach to
ensure creek bank and channel bottom stability and avoidance or reduction of further erosion.
Final creek design plans and a supporting engineering study shall address appropriate boulder
sizes and bank protection measures necessary to prevent dislodgement or remobilization of
in-channel or toe-slope protection rock. Natural methods (e.g., additional rock) shall be
employed as needed to maintain the proposed creek alignment and downslope bank location
between the channel and LOVR and the Calle Joaquin wetlands, and to protect mid- to upper-
bank areas and top-of-bank from erosion from flood flows and aid in maintenance of riparian
vegetation.
b. Finding: The City finds with implementation of mitigation measures, the Project would not
exacerbate flood hazards or erosion hazards onsite and impacts would be reduced to a less than
significant level.
G. NOISE
1. Impact NO-1: Project construction, including site grading and heavy truck trips, would generate
noise levels that exceed thresholds established in the City’s General Plan Noise Element and Noise
Guidebook resulting in potentially significant impacts from rough grading, heavy truck trips, and
construction in areas of the site proximate to sensitive receptors (such as hotels along Calle Joaquin,
the Irish Hills Natural Reserve, and Mountainbrook Church). Noise would also occur from sources
such as backup warning devices, which would be audible offsite. Construction activities proximate to
Calle Joaquin include realignment of Froom Creek and construction of the proposed stormwater
detention basin. Overall, Project construction maximum noise levels could reach as high as 89 to 92
dBA at surrounding sensitive uses, including hotels along Calle Joaquin, Mountainbrook Church, and
within the Irish Hills Natural Reserve. The City Municipal Code permits construction noise up to 70
dBA for commercial sensitive receptors and up to 20 dBA above normally acceptable levels for any
instantaneous noise event. Project construction activities could exceed these thresholds both in peak
noise and duration (Refer to Impact NO-1, beginning on page 3.10-25, and the Noise Section,
beginning on page 5-79 of the Final EIR).
a. Mitigation: The following mitigation measures would be required to reduce construction-generated
noise levels to a less than significant level.
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
66
— Mitigation Measure NO-1. Except for emergency repair of public service utilities, or where
an exception is issued by the Community Development Department, no operation of tools or
equipment used in construction, drilling, repair, alteration, or demolition work shall occur
between the hours of 7:00 PM and 7:00 AM, or any time on Sundays, holidays, or after
sunset, such that the sound creates a noise disturbance that exceeds 75 dBA for single-family
residential uses, 80 dBA for multi-family residential uses, and 85 dBA for mixed
residential/commercial land uses, as shown in Table 3.10-9 and Table 3.10-10 of the Final
EIR, across a residential or commercial property line.
— Mitigation Measure NO-2. For all construction activity at the Project site, noise attenuation
techniques shall be employed to ensure that noise levels are maintained within levels allowed
by the City of San Luis Obispo Municipal Code, Title 9, Chapter 9.12 (Noise Control). Such
techniques shall include:
• Sound blankets on noise-generating equipment.
• Stationary construction equipment that generates noise levels above 65 dBA at the
Project boundaries shall be shielded with a barrier that meets a sound transmission class
(a rating of how well noise barriers attenuate sound) of 25.
• All diesel equipment shall be operated with closed engine doors and shall be equipped
with factory-recommended mufflers.
• Temporary sound barriers shall be constructed between construction sites and affected
uses.
— Mitigation Measure NO-3. The Applicant shall inform landowners and business operators at
properties within 300 feet of the Project site of proposed construction timelines and noise
complaint procedures to minimize potential annoyance or nuisance complaints related to
construction noise no less than 10 days prior to initiation of any grading and construction
activity for any Phase. The notice shall include the name and contact information of the
Project’s construction manager and contact information for the City’s Community
Development Department.
b. Finding: The City finds that with implementation of mitigation measures, construction noise
generation would be reduced to a less than significant level consistent with the City’s General Plan
Noise Element and Noise Guidebook.
2. Impact NO-4. Periodic high noise levels from nearby commercial uses (e.g., delivery trucks,
forklifts, backup alarms) may exceed City thresholds for residential land uses. The 2020 Acoustic
Assessment concluded that existing Community Noise Equivalent Level (CNEL) levels of
approximately 70 dBA may occur at the northern boundary of the Project site during a 24-hour
scenario with a maximum amount of activity and noise from adjacent businesses such as Costco,
Home Depot, TJ Maxx, and Whole Foods. These levels would decrease to 60 dBA further into the
Project site as distance from these adjacent businesses increases. The 60-dBA contour was
determined to extend approximately 150 feet from the Project site’s northern border with Irish Hills
Plaza. Such operational noise could exceed exterior noise standards for the public park and multi-
family residential uses of Madonna Froom Ranch (Refer to Impact NO-4, beginning on page 3.10-34,
and the Noise Section, beginning on page 5-79 of the Final EIR).
a. Mitigation: The following mitigation measure would be required to reduce operational noise from
nearby commercial use to a less than significant level.
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
67
— Mitigation Measure NO-4. Prior to approval of park and residential development within the
Madonna Froom Ranch area of the Specific Plan, the Applicant shall submit a project-
specific noise study that evaluates the potential for noise exposure from adjacent commercial
uses and identifies project-specific design measures to attenuate exterior and interior noise
consistent with the City’s Noise Element and Noise Ordinance. If necessary to reduce noise
within acceptable levels, noise reduction measures may include a planted earthen berm,
sound wall, or similar noise attenuating feature along the site boundary with Irish Hills Plaza,
consistent with Policy 1.8.2 of the Noise Element.
b. Finding: The City finds noise generation from nearby commercial uses would be reduced with
implementation of mitigation requiring installation of noise attenuation (e.g., sound wall) to
below acceptable noise levels and impacts would be reduced to a less than significant level.
3. Cumulative Noise Impacts: The Project would contribute to a marginal increase in both
construction-related and operational stationary and mobile noise sources contributing to the existing
noise environment. Though increases in noise under the Project would be marginal, the Project, in
combination with approved, pending, and proposed development within the City, would contribute to
an increase of long-term traffic and associated traffic noise, as well as operational noise from the
proposed new development which has potential to exceed acceptable City noise standards. The City’s
Noise Element and Municipal Code contain policies and programs that would address and mitigate
potential site-specific impacts for individual projects in the future, including Noise Guidebook Policy
1.4, which requires noise created by all new development be individually mitigated by each project so
as not to exceed acceptable outdoor noise levels (Refer to Section 3.10.3.4, Cumulative Impacts,
beginning on page 3.10-37, and the Noise Section, beginning on page 5-79 of the Final EIR).
a. Mitigation: The following mitigation measures would be required to reduce the Project’s
contribution to cumulative noise impacts to a less than significant level.
— Mitigation Measure NO-1. Except for emergency repair of public service utilities, or where
an exception is issued by the Community Development Department, no operation of tools or
equipment used in construction, drilling, repair, alteration, or demolition work shall occur
between the hours of 7:00 PM and 7:00 AM, or any time on Sundays, holidays, or after
sunset, such that the sound creates a noise disturbance that exceeds 75 dBA for single-family
residential uses, 80 dBA for multi-family residential uses, and 85 dBA for mixed
residential/commercial land uses, as shown in Table 3.10-9 and Table 3.10-10 of the Final
EIR, across a residential or commercial property line.
— Mitigation Measure NO-2. For all construction activity at the Project site, noise attenuation
techniques shall be employed to ensure that noise levels are maintained within levels allowed
by the City of San Luis Obispo Municipal Code, Title 9, Chapter 9.12 (Noise Control). Such
techniques shall include:
• Sound blankets on noise-generating equipment.
• Stationary construction equipment that generates noise levels above 65 dBA at the
Project boundaries shall be shielded with a barrier that meets a sound transmission class
(a rating of how well noise barriers attenuate sound) of 25.
• All diesel equipment shall be operated with closed engine doors and shall be equipped
with factory-recommended mufflers.
• Temporary sound barriers shall be constructed between construction sites and affected
uses.
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
68
— Mitigation Measure NO-3. The Applicant shall inform landowners and business operators at
properties within 300 feet of the Project site of proposed construction timelines and noise
complaint procedures to minimize potential annoyance or nuisance complaints related to
construction noise no less than 10 days prior to initiation of any grading and construction
activity for any Phase. The notice shall include the name and contact information of the
Project’s construction manager and contact information for the City’s Community
Development Department.
— Mitigation Measure NO-4. Prior to approval of park and residential development within the
Madonna Froom Ranch area of the Specific Plan, the Applicant shall submit a project-
specific noise study that evaluates the potential for noise exposure from adjacent commercial
uses and identifies project-specific design measures to attenuate exterior and interior noise
consistent with the City’s Noise Element and Noise Ordinance. If necessary to reduce noise
within acceptable levels, noise reduction measures may include a planted earthen berm,
sound wall, or similar noise attenuating feature along the site boundary with Irish Hills Plaza,
consistent with Policy 1.8.2 of the Noise Element.
b. Finding: Due to requirement for compliance with existing regulations, implementation of Project-
specific noise mitigation measures, and nominal increases in the ambient noise environment from
proposed cumulative development, the City finds that, with identified Project-specific mitigation,
cumulative noise impacts of the Project would be reduced to a less than significant level.
H. PUBLIC SERVICES AND RECREATION
1. Impact PS-4: The Project would increase the demand for public parkland and neighborhood parks
from increased residential population. The City’s General Plan Parks and Recreation Element requires
Expansion Areas and all residential annexation areas such as the Project site to provide developed
neighborhood parks at the rate of five acres per 1,000 residents and at least ten acres of developed
parkland for each 1,000 new residents. The Project site is an Expansion Area defined by the General
Plan and would be an annexation to the City. As such, City policies would require additional parkland
to serve the Project’s future residential populations. The Project proposes onsite amenities to partially
serve the unique needs of its future senior resident population, as well as a 3.6-acre public park that
would provide the basic elements of a neighborhood park as defined within the General Plan Parks
and Recreation Element. The Project increases the size of the neighborhood park by 0.7 acres
compared to the Draft FRSP. Even so, the proposed park facilities would not meet the requirements
for provision of neighborhood park and parklands for new annexations provided under City Parks and
Recreation Element Policy 3.13.1 and Policy 5.0.2. As it relates to the Villaggio development, the
Project’s increase of 732 independent living residents would require development of an additional
7.32 acres of parkland, including at least 3.66 acres of neighborhood park within the City. Based
exclusively on the increase of 406 residents anticipated for Madonna Froom Ranch, at least 4.06 acres
of public parkland would be required to meet the General Plan Parks and Recreation Element Policies
3.13.1, 3.15.1, and 5.0.2, of which approximately 2.03 acres would need to be a neighborhood park.
In total, the Project would increase demand for recreation area and amenities from an increase in
1,138 residents (discounting 93 assisted living residents that would be served by onsite amenities
provided by Villaggio). Together, the Project would be required to provide 11.38 acres of public
parkland with 5.69 acres dedicated as neighborhood park, consistent with General Plan Parks and
Recreation Element Policies 3.13.1, 3.15.1, and 5.0.2. Without this required parkland, the Project’s
residents would substantially increase demand and use of recreation facilities in the City, contributing
to accelerated deterioration and need for maintenance of existing recreation areas and facilities. The
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
69
Project proposes 3.6 acres of neighborhood park, which would offset the Project’s demand for public
parkland and neighborhood park. As a result, the Project would necessitate an additional 7.78 acres of
parkland, including 2.09 acres of neighborhood park. Ultimately, parkland and neighborhood park
calculations and requirements would be confirmed through subsequent review of specific
development plans within the Specific Plan area, based on the actual number of units proposed and
associated increase in population (Refer to Impact PS-4, beginning on page 3.12-20, and the Public
Services and Recreation Section, beginning on page 5-82 of the Final EIR).
a. Mitigation: The following mitigation measures would be required to address the increased demand
for parkland from residential population increase. MM PS-1 and MM PS-2 have been edited to
update the acreage of required parkland and neighborhood park to reflect a proposed increase in
the onsite public trailhead park from 2.9 acres, as analyzed in the Final EIR for the Draft FRSP, to
3.6 acres as proposed in the Project. The adjusted acreages would remain compliant with the City’s
Parks and Recreation Element Policy 3.13.1 and Policy 5.0.2.
— Mitigation Measure PS-1. Public Parkland Requirements for Villaggio. Mitigation shall be
calculated based on actual buildout populations within Madonna Froom Ranch. At the
discretion of the Community Development Department and City of San Luis Obispo Parks
and Recreation Department, and to ensure that parkland would satisfy the needs of the
proposed population of Villaggio, the Applicant shall either:
a. Identify, purchase, and develop up to 7.32 acres of parkland, including 2.09 acres 2.79
acres of neighborhood park (in addition to the 3.6 acres 2.9 acres of public parkland
proposed by the Project), within the City’s Sphere of Influence, consistent with City
General Plan Parks and Recreation Element Policies 3.13.1, 3.15.1, 5.0.1, and 5.0.2. If
feasible, land for development of neighborhood park space should be identified within
interior areas of the City Sphere of Influence to maximize use and access; or
b. Provide a contribution of fees in-lieu of dedication of parkland, restricted solely for
parkland acquisition and improvement.
— Mitigation Measure PS-2. Public Parkland Requirements for Madonna Froom Ranch. The
Applicant shall identify, designate, dedicate, and/or develop up to 0.46 acres 1.16 acres of
public parkland into the Froom Ranch Specific Plan to be operational at the time of buildout
of the Project, in addition to parkland required under MM PS-1. Mitigation shall be
calculated based on actual buildout populations within Madonna Froom Ranch and may be
implemented using one of the following options, at the discretion of the Community
Development Department and City Parks and Recreation Department:
a. The Applicant shall designate an additional area of up to 0.46 acres 1.16 acres of public
facilities land use with the intention of providing parkland, within the Specific Plan area,
consistent with City General Plan Parks and Recreation Element Policies 3.13.1, 3.15.1,
5.0.1, and 5.0.2, or
b. The Applicant shall identify and purchase or dedicate up to 0.46 acres 1.16 acres of
parkland within the City’s Sphere of Influence, or
c. The Applicant shall provide a contribution of fees in-lieu of dedication of up to 0.46 acres
1.16 acres of parkland, restricted solely for parkland acquisition and improvement.
b. Finding: The City finds that with implementation of mitigation measures and provision or
designation of additional land to be developed for and parkland and neighborhood park consistent
with the City’s General Plan, the Project’s increase in residen tial population and associated demand
on parks and recreation would be reduced to a less than significant level.
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
70
2. Cumulative Public Services and Recreation Impacts: Public services within the Project vicinity
are primarily provided by the City, supplemented by interagency mutual aid agreements between
SLOFD and CALFIRE for fire protection services, and a Memorandum of Understanding between
SLOPD, the County Sherriff’s Department, and Cal Poly’s California State University (CSU)-
operated University Police Department. The Project, in conjunction with approved, pending, or
proposed development projects in the City, proposed land use changes under the LUCE Update, and
associated population growth would incrementally increase overall demand for public services,
including fire protection, police protection, schools, and parks.
Police Services
Please refer to the above discussion. The Project would result in less than significant cumulative impacts
to police services that would not require mitigation (Refer to Section 3.12.3.4, Cumulative Impacts,
beginning on page 3.12-25, and the Public Services and Recreation Section, beginning on page 5-82 of
the Final EIR).
Fire Protection
Please refer to the above discussion. The Project would result in less than significant cumulative impacts
to fire protection services that would not require mitigation (Refer to Section 3.12.3.4, Cumulative
Impacts, beginning on page 3.12-25, and the Public Services and Recreation Section, beginning on page
5-82 of the Final EIR).
Schools
Please refer to the above discussion. The Project would result in less than significant cumulative impacts
to schools or school services that would not require mitigation (Refer to Section 3.12.3.4, Cumulative
Impacts, beginning on page 3.12-25, and the Public Services and Recreation Section, beginning on page
5-82 of the Final EIR).
Parks and Recreation
The Project would contribute to increased demand for parks and recreational facilities due to approved,
pending, or proposed citywide development and associated population growth. The implementation of
cumulative development projects in the City, in combination with the Project, would result in substantial
increased use of, and demand for, parks and recreational facilities. The future population of 56,868
individuals as projected under development of land uses permitted under the General Plan LUE would
require a projected need of approximately 363 acres of additional parkland. The Project would
cumulatively contribute to this increased demand citywide.
a. Mitigation: The following mitigation measures would be required to address the increased demand
for parkland from additional residents. MM PS-1 and MM PS-2 have been edited to update the
acreage of required parkland and neighborhood park to reflect a proposed increase in onsite public
park from 2.9 acres, as analyzed in the Final EIR for the Draft FRSP, to 3.6 acres as proposed in
the FRSP. The adjusted acreages would remain compliant with the City’s Parks and Recreation
Element Policy 3.13.1 and Policy 5.0.2.
— Mitigation Measure PS-1. Public Parkland Requirements for Villaggio. Mitigation shall be
calculated based on actual buildout populations within Madonna Froom Ranch. At the
discretion of the Community Development Department and City of San Luis Obispo Parks
and Recreation Department, and to ensure that parkland would satisfy the needs of the
proposed population of Villaggio, the Applicant shall either:
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
71
a. Identify, purchase, and develop up to 7.32 acres of parkland, including 2.09 acres 2.79
acres of neighborhood park (in addition to the 3.6 acres 2.9 acres of public parkland
proposed by the Project), within the City’s Sphere of Influence, consistent with City
General Plan Parks and Recreation Element Policies 3.13.1, 3.15.1, 5.0.1, and 5.0.2. If
feasible, land for development of neighborhood park space should be identified within
interior areas of the City Sphere of Influence to maximize use and access; or
b. Provide a contribution of fees in-lieu of dedication of parkland, restricted solely for
parkland acquisition and improvement.
— Mitigation Measure PS-2. Public Parkland Requirements for Madonna Froom Ranch. The
Applicant shall identify, designate, dedicate, and/or develop up to 0.46 acres 1.16 acres of
public parkland into the Froom Ranch Specific Plan to be operational at the time of buildout
of the Project, in addition to parkland required under MM PS-1. Mitigation shall be
calculated based on actual buildout populations within Madonna Froom Ranch and may be
implemented using one of the following options, at the discretion of the Community
Development Department and City Parks and Recreation Department:
a. The Applicant shall designate an additional area of up to 0.46 acres 1.16 acres of public
facilities land use with the intention of providing parkland, within the Specific Plan area,
consistent with City General Plan Parks and Recreation Element Policies 3.13.1, 3.15.1,
5.0.1, and 5.0.2, or
b. The Applicant shall identify and purchase or dedicate up to 0.46 acres 1.16 acres of
parkland within the City’s Sphere of Influence, or
c. The Applicant shall provide a contribution of fees in-lieu of dedication of up to 0.46 acres
1.16 acres of parkland, restricted solely for parkland acquisition and improvement.
b. Finding: The City finds that with the implementation of mitigation measures, the Project would
not result in a considerable contribution to cumulatively considerable impacts as the Project
would mitigate its potential impact and provide adequate parkland consistent with City standards
along with payment of development impact fees to accommodate the recreational needs of future
Project residents. Further, other projects in the area, such as the San Luis Ranch Specific Plan and
Avila Ranch Development Plan projects, would also be contributing additional parkland for the
City to support the associated population increases in each area. Ultimately, the Project would not
result in cumulatively considerable deterioration of existing facilities or service levels and
implementation of MM PS-1 and PS-2 would reduce the Project’s contribution to a less than
significant level.
I. TRANSPORTATION AND TRAFFIC
1. Impact TRANS-1: Project construction activities would potentially create traffic impacts due to
congestion from construction vehicles (e.g., construction trucks, construction worker vehicles,
equipment, etc.), as well as temporary travel lane and sidewalk closures (Refer to Impact TRANS-1,
beginning on page 3.13-75, and the Transportation and Traffic Section, beginning on page 5-84 of the
Final EIR).
a. Mitigation: The following mitigation measures would be required to reduce traffic impacts from
construction vehicles and temporary closures. MM TRANS-1 has been edited to remove references
to development in the Upper Terrace of Villaggio, as this component is no longer proposed in the
FRSP. MM TRANS-1 would continue to apply to all other portions of the Project site.
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
72
— Mitigation Measure TRANS-1. The Applicant shall prepare a Construction
Transportation Management Plan for all phases of the Project for review and approval by
the City prior to issuance of grading or building permits to address and manage traffic
during construction. The Applicant shall coordinate with SLO Regional Rideshare for the
development of the Plan. The Plan shall be designed to:
• Prevent traffic impacts on the surrounding roadway network;
• Restrict construction staging to within the Project site;
• Minimize parking impacts both to public parking and access to private parking to the
greatest extent practicable;
• Ensure safety for both those construction vehicles and works and the surrounding
community;
• Prevent substantial truck traffic through residential neighborhoods; and
• Provide strategies to reduce single-occupancy vehicle trips made by resident and
employees.
The Construction Transportation Management Plan shall be subject to review and
approval by the Public Works Director to ensure that the Plan has been designed in
accordance with this mitigation measure. The Applicant shall identify a point of contact
to coordinate Plan implementation. This review shall occur prior to issuance of grading or
building permits. It shall, at a minimum, include the following:
Ongoing Requirements throughout the Duration of Construction:
• A detailed Construction Transportation Management Plan for work zones shall be
maintained. At a minimum, this shall include parking and travel lane configurations;
warning, regulatory, guide, and directional signage; and area sidewalks, bicycle
lanes, and parking lanes. The Plan shall include specific information regarding the
Project’s construction activities that may disrupt normal pedestrian and traffic flow
and the measures to address these disruptions. Such Plan shall be reviewed and
approved by the Community Development Department and implemented in
accordance with this approval.
• Heavy haul construction vehicles and cement trucks shall not pass through
Villaggio’s Lower Area access roads once any of the Lower Area residences become
occupied, and must utilize access from Calle Joaquin to access the Upper Terrace
after that time.
• Work within the public right-of-way shall be reviewed and approved by the City on a
case-by-case basis based on the magnitude and type of construction activity. Work
shall generally be performed between 8:30 AM and 4:00 PM. This work includes dirt
hauling and construction material delivery. Work within the public right-of-way
outside of these hours shall only be allowed after the issuance of an after-hours
construction permit administered by the Building and Safety Division. Additional
restrictions may be put in place by Public Works Department depending on particular
construction activities and conditions.
• Streets and equipment shall be cleaned in accordance with established Public Works
requirements.
• Trucks shall only travel on a City-approved construction route. Limited queuing may
occur on the construction site itself.
• Materials and equipment shall be minimally visible to the public; the preferred
location for materials is to be onsite, with a minimum amount of materials within a
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
73
work area in the public right-of-way, subject to a current Use of Public Property
Permit.
• Provision of off-street parking for construction workers, which may include the use
of a remote location with shuttle transport to the site, if determined necessary by the
City.
• Where construction activities require closure of bike lanes or sidewalks along LOVR,
temporary bicycle and pedestrian pathways shall be provided where feasible with
physical separation provided between users and adjacent vehicle traffic consistent
with Public Works requirements.
Project Coordination Elements That Shall Be Implemented Prior to Commencement of
Construction:
• The traveling public shall be advised of impending construction activities that may
substantially affect key roadways or other facilities (e.g., information signs, portable
message signs, media listing/notification, and implementation of an approved
Construction Impact Mitigation Plan).
• A Use of Public Property Permit, Excavation Permit, Sewer Permit, or Oversize Load
Permit, as well as any Caltrans permits required for any construction work requiring
encroachment into public rights-of-way, detours, or any other work within the public
right-of-way shall be obtained.
• Timely notification of construction schedules shall be provided to all affected
agencies (e.g., Police Department, Fire Department, Public Works Department, and
Community Development Department) and to all owners and residential and
commercial tenants of property within a radius of 0.25 mile.
• Construction work shall be coordinated with affected agencies in advance of start of
work. Approvals may take up to two weeks per each submittal.
• Public Works Department approval of any haul routes for construction materials and
equipment deliveries shall be obtained.
• Construction traffic plans, routes, and schedules shall be shared with the City Active
Transportation Committee, County Public Works Department (for distribution to the
County Bicycle Advisory Committee), the Los Verdes Park 1 and 2 Homeowners
Associations, and local bicycle advocacy groups, such as Bike SLO County and the
SLO Bicycle Club.
b. Finding: The City finds implementation of mitigation measures would reduce impacts associated
with Project construction traffic to a less than significant level.
2. Impact TRANS-4: The Project would result in traffic safety impacts and inadequate emergency
access and evacuation options, resulting in potential for structural damage, injuries, or loss of life due
to wildland fires or other emergency situations (Refer to Impact TRANS-4, beginning on page 3.13-
116, and the Transportation and Traffic Section, beginning on page 5-84 of the Final EIR).
a. Mitigation: The following mitigation measures would be required ensure adequate emergency
access and evacuation options to a less than significant level. MM TRANS-20 and MM TRANS-
21 have been edited to remove inference to development in the Upper Terrace of Villaggio, as this
component is no longer proposed in the FRSP. MM TRANS-20 and MM TRANS-21 would
continue to apply to all other portions of the Project site.
— Mitigation Measure HAZ-4. The Applicant shall prepare and implement an Evacuation Plan,
which shall address both Villaggio and Madonna Froom Ranch areas. The Evacuation Plan
shall be subject to review by the City and SLOFD, and shall include, but not be limited to:
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
74
Accommodation for assisted living and special care individuals;
Shelter-in-place accommodations;
Specified quantity and capacity of vehicles required to accommodate residents and
employees of Villaggio, and maintenance of those vehicles;
Signage that clearly indicates evacuation routes and meeting areas;
Specified egress points for transportation vehicles;
A relocation plan from the Project site to a secondary facility, with associated
transportation;
Contingency plans for changes to the construction schedule or phasing plan that would
affect the primary evacuation plan and routes;
Periodic updates that would consider potential redevelopment activities or other roadway
alterations; and
Regular practice drills (e.g., one per year) for implementation of the Evacuation Plan.
— Mitigation Measure TRANS-19. The Project shall design and install a landscaped median
along LOVR from the terminus of the existing median at northern Project frontage to Calle
Joaquin.
— Mitigation Measure TRANS-20. The Project shall include an emergency access point from
Villaggio’s Lower Area to the Irish Hills Natural Reserve to provide access to the existing
dirt road network to fight fires in Irish Hills, specifically to Neil Havlik Way which connects
to the four utility power line structures at the top of the ridgeline. This access point may be
gated to ensure site security in consultation with SLOFD.
— Mitigation Measure TRANS-21. The Project shall integrate access to the Project site
perimeters for defending the Project site development. Specifically, these measures should
address access to the wildland area immediately abutting the western boundary of Villaggio’s
Lower Area. This measure shall include access from the proposed Local Road “C” to the
Irish Hills, which may include use of space between proposed buildings for firefighting
vehicle access, ramps up proposed retaining walls, and similar vehicle infrastructure to
maintain access to the base of the Irish Hills.
b. Finding: The City finds that with implementation of mitigation measures, the Project would
ensure adequate emergency and evacuation access, reducing associated impacts to a less than
significant level.
3. Impact TRANS-5: Onsite circulation would result in safety impacts to pedestrian and bicycle access.
While the specific locations and design of onsite access driveways have not been developed at a level
necessary to conduct detailed review as part of the Project’s Transportation Impact Study (TIS),
future connections to proposed private and public roadways would be designed per City Engineering
Standards and Access Management Policies. However, the following items comprise potentially
significant safety issues associated with onsite pedestrian circulation:
At the Project’s LOVR/Auto Park Way entry intersection, children and the elderly may not be
able to safely cross the intersection due to the crosswalk’s length and timing between light cycles;
Within the site, signage and limited lines of sight from driveways may cause pedestrian safety
impacts to the Project’s potential population; and
The Project currently does not adhere with the existing City standards for sidewalks or Americans
with Disabilities Act (ADA) requirements for a comfortable walking environment.
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
75
With regard to bicycle circulation deficiencies, the following items comprise potentially significant
safety issues associated with onsite bicycle circulation:
Within the Project site, signage and limited lines of sight from driveways may cause bicycle safety
impacts to the Project’s potential population; and
The Project does not provide consistency with City-adopted best practices for high-quality bicycle
facility design for users of all ages and ability levels (Refer to page 3.13-121 of the Final EIR).
a. Mitigation: The following mitigation is required to safely accommodate all uses of the street
system and provide pedestrian and bicycle facility connectivity between the Project and nearby
land uses to a less than significant level.
— Mitigation Measure TRANS-22. To address pedestrian and bicycle circulation safety issues,
the Project Applicant shall incorporate the following elements into public improvement plans
based on design guidance published by National Association of City Transportation Officials
and the Federal Highway Administration:
Install pedestrian refuges within center medians at north and south legs of the
LOVR/Auto Park Way intersection;
Install a single northbound left-turn lane at the LOVR/Auto Park Way intersection in lieu
of dual left-turn lanes, as currently proposed, to shorten pedestrian crossing distance at
the south leg of the intersection.
Minimize the amount of roadway widening required along LOVR to the extent
practicable by reducing turn pocket lengths at the LOVR/Auto Park intersection to the
minimum extent required per applicable traffic engineering standards;
Install a bulb-out at the southwest corner of the intersection to shorten pedestrian crossing
distance at the south leg of the LOVR/Auto Park Way intersection;
Install Lead Pedestrian Intervals at all pedestrian crossings at the LOVR/Auto Park Way
intersection;
Install protected bicycle intersection features as part of signalization and intersection
improvements at the LOVR/Auto Park Way intersection, conceptually consistent with
planned improvements at the nearby LOVR/Froom Ranch Way and Madonna
Road/Dalidio Drive intersections, and as illustrated in the Bob Jones Trail (Calle Joaquin
to Oceanaire) Project Study Report;
Provide physically protected bicycle lanes (Class IV bikeway) along LOVR
approaching/departing the Auto Park Way intersection and along Commercial Collector
“A”. The Class IV bikeways shall be installed on-street with a physical barrier between
cyclists and vehicular traffic or by constructing raised bicycle facilities at the sidewalk
level adjacent to pedestrian sidewalks;
Sidewalks shall be provided within the Madonna Froom Ranch development area of the
Project site as per City standards; and
Sidewalk design shall meet ADA requirements for a comfortable walking environment.
b. Finding: The City finds that with implementation of mitigation measures Project site circulation
and access would safely accommodate all users of the street system and provide a complete and
connected pedestrian facility between the Project site circulation system and nearby land uses.
Widening or adjustments to pedestrian or bicycle circulation infrastructure may result in
secondary impacts on biological resources (see Impact BIO-1). Impacts would be reduced to a
less than significant level.
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
76
4. Cumulative Impact TRANS-6: Under long-term Cumulative plus Project conditions, Project-
generated traffic would result in a cumulatively considerable contribution to traffic for automobiles
and poor levels of service for pedestrians and bike modes of transportation, causing transportation
deficiencies in the Project vicinity. Potentially significant operational impacts to multi-modal
transportation would occur at occupation of Madonna Froom Ranch, including 13 separate
intersections and roadway segments due to increased automobile, pedestrian, and bicycle traffic under
Cumulative plus Project conditions. These include automobile impacts at five locations, bicycle and
pedestrian related impacts at six locations. No cumulative impacts to transit facilities or services were
identified (Refer to Section 3.13.3.4, Cumulative Impacts, beginning on page 3.13-124, and the
Transportation and Traffic Section, beginning on page 5-84 of the Final EIR).
a. Mitigation: The following mitigation is required to reduce the Project’s contribution to
cumulatively significant impacts on automobile, pedestrian, and bicycle facilities within the
Project vicinity to a less than significant level.
— Mitigation Measure TRANS-2. The Project Applicant shall design and construct the
extension of the southbound right-turn pocket at the LOVR/U.S. 101 southbound ramps
intersection to provide a storage length of at least 150 feet. In coordination with the
Applicant, the City and Caltrans shall also implement traffic signal coordination between the
LOVR/Calle Joaquin intersection and adjacent U.S. 101 northbound and southbound ramps
and optimize traffic signal timings at these three intersections. In addition, the Applicant shall
also pay a fair share mitigation fee towards the improvements that are required to be
constructed by the San Luis Ranch development at this intersection, which include extension
of the southbound off-ramp through/left-turn pocket to provide a storage length of at least
320 feet. This mitigation measure requires Caltrans approval and coordination.
— Mitigation Measure TRANS-8. The Project Applicant shall design and install Class IV
bikeways (protected bike lanes) along LOVR to provide a physical buffer between the
sidewalk and vehicular traffic lanes. Improvement extents shall occur in the northbound
direction between Laguna Lane and Diablo Drive, and in the southbound direction between
Diablo Drive and Madonna Road. Some gaps in physical separation may remain due to right-
of-way limitations or other design constraints.
— Mitigation Measure TRANS-9. The Project Applicant shall design and install ADA-
compliant curb, gutter and sidewalk along the west side of LOVR to complete the sidewalk
connection between the Irish Hills Plaza and Calle Joaquin. The Project Applicant shall also
design and install Class IV bikeways (protected bike lanes) along LOVR to provide a
physical buffer between the sidewalk and vehicular traffic lanes in the northbound and
southbound directions between Madonna Road and South Higuera Street. This mitigation
measure requires Caltrans approval and coordination for improvements near the LOVR/U.S.
101 interchange. If Class IV bikeways are not approved for segments within Caltrans right-
of-way, or are deemed infeasible for short segments due to other geometric constraints,
alternative treatments to improve pedestrian levels of service may be approved to the
satisfaction of the Public Works Director. Potential alternative treatments include installation
of striped bike lane buffers, street trees or other features that further buffer pedestrians from
street traffic.
— Mitigation Measure TRANS-12. In coordination with the County, the Project Applicant shall
pay a fair share mitigation fee for costs to construct the following future improvements at the
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
77
LOVR/Foothill Boulevard intersection: widen northbound approach to provide one left-turn,
two through, and one right-turn lane; widen westbound approach to provide one left-turn
lane, one shared through/right-turn lane, and one right-turn lane. Additional improvements
include roadway striping and traffic signal modifications needed to accommodate new lane
configurations. This mitigation measure requires County approval and coordination.
— Mitigation Measure TRANS-13. In coordination with the Applicant, the City shall retime the
traffic signal at LOVR/Madonna to implement Lead Pedestrian Intervals for each pedestrian
crossing phase.
— Mitigation Measure TRANS-14. In coordination with the City, the Project Applicant shall
fund any costs required to implement Lead Pedestrian Intervals for each pedestrian crossing
phase at the South Higuera Street/Tank Farm Road intersection.
— Mitigation Measure TRANS-16. In coordination with the City and Caltrans, the Project
Applicant shall fund costs required to optimize traffic signal timings along the LOVR
corridor between Descanso Street and the South Higuera to improve traffic coordination and
operations along this roadway segment. These intersections include LOVR/Descanso,
LOVR/Royal, LOVR/Laguna, LOVR/Madonna, LOVR/Froom Ranch, LOVR/Auto Park,
LOVR/Calle Joaquin, LOVR/U.S. 101 southbound ramps, LOVR/U.S. 101 northbound
ramps and LOVR/S. Higuera. This requires coordination with Caltrans.
— Mitigation Measure TRANS-18. The Project Applicant shall pay a fair share mitigation fee
to fund modifications to the traffic signal at the Madonna Road/Dalidio Drive intersection to
provide an eastbound right-turn overlap phase concurrent with the northbound left-turn phase.
— Mitigation Measure TRANS-23. The Project Applicant shall pay a fair share mitigation fee
to fund striping modifications to extend the northbound left-turn pocket at the LOVR/Royal
Way intersection to 150 feet. This mitigation measure requires Caltrans approval and
coordination.
— Mitigation Measure TRANS-24. In coordination with the Applicant, the City shall retime the
traffic signal at LOVR/Calle Joaquin to implement Lead Pedestrian Intervals for each
pedestrian crossing phase. Requires Caltrans coordination.
— Mitigation Measure TRANS-25. The Project Applicant shall pay its fair share mitigation fees
to fund intersection striping improvements to extend the southbound left-turn pocket storage
at the South Higuera Street/Tank Farm Road intersection to 300 feet.
b. Finding: The City finds that implementation of mitigation measures that require payment of fair
share contributions to fund offsite improvements would generally not result in significant residual
impacts, as these improvements would occur within existing roadway rights-of-way, or within
urbanized paved/landscaped areas immediately adjacent to existing roadway rights-of-way. The
Project’s fair share contribution has been identified for all intersections and improvements in the
TIS. The Project’s equitable share is calculated using the method for calculating equitable
mitigation measures outlined in the Caltrans Guide for the Preparation of Traffic Impact Studies.
The City finds that with implementation of mitigation measures the Project’s contribution to
cumulative impacts would be reduced to a less than significant level.
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
78
J. UTILITIES AND ENERGY CONSERVATION
1. Impact UT-1: The Project would require the expansion of utility infrastructure to serve new
development, including water, sewer, natural gas, and electricity into the site; the construction of
which could cause environmental effects. Potential onsite construction would include trenching for
utility installation, transport of pipes and other material to the site, and associated increases in
construction-related traffic. Onsite trenching could impact sensitive biological or subsurface cultural
resources, lead to increased erosion and possible sedimentation, and generate air emissions and noise.
Offsite trenching would occur along LOVR and may adversely affect traffic, cause delays or
congestion, and generate air emissions (Refer to Impact UT-1, beginning on page 3.14-30, and the
Utilities and Energy Conservation Section, beginning on page 5-87 of the Final EIR).
a. Mitigation: The following mitigation measures would be required to address necessary utility
infrastructure expansion under the Project to a less than significant level. MM TRANS-1 has been
edited to remove references to development in the Upper Terrace of Villaggio, as this component
is no longer proposed in the FRSP. MM TRANS-1 would continue to apply to all other portions
of the Project site.
— Mitigation Measure AQ-1. A Construction Activity Management Plan (CAMP) shall be
included as part of Project grading and building plans and shall be submitted to SLO County
APCD and to the City for review and approval prior to the start of construction. The plan
shall include but not be limited to the following elements:
1. A Dust Control Management Plan that encompasses the following dust control measures:
Reduce the amount of disturbed area where possible;
Water trucks or sprinkler trucks shall be used during construction to keep all areas of
vehicle movement damp enough to prevent dust from leaving the site and from
exceeding the APCD’s limit of 20 percent opacity for greater than 3 minutes in any
60-minute period. At a minimum, this would require twice-daily applications.
Increased watering frequency would be required when wind speeds exceed 15 miles
per hour (mph). Reclaimed water or the onsite water well (non-potable) shall be used
when possible. The contractor or builder shall consider the use of a SLO County
APCD-approved dust suppressant where feasible to reduce the amount of water used
for dust control;
All dirt stock-pile areas shall be sprayed daily as needed;
Permanent dust control measures identified in the approved Project revegetation and
landscape plans of any development within the Specific Plan area should be
implemented as soon as possible following completion of any soil disturbing
activities;
Exposed ground areas that are planned to be reworked at dates greater than one
month after initial grading shall be sown with a fast germinating native grass seed
and watered until vegetation is established;
All disturbed soil areas not subject to revegetation shall be stabilized using approved
chemical soil binders, jute netting, or other methods approved in advance by SLO
County APCD;
All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as
possible. In addition, building pads should be laid as soon as possible after grading
unless seeding or soil binders are used;
Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved
surface at the construction site;
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
79
All trucks hauling dirt, sand, soil, or other loose materials are to be covered or shall
maintain at least 2 feet of freeboard in accordance with California Vehicle Code
Section 23114;
Designate access points and require all employees, subconsultants, and others to use
them. Install and operate a “track-out prevention device” where vehicles enter and
exit unpaved roads onto paved streets. The track-out prevention device can be any
device or combination of devices that are effective at preventing track-out, located at
the point of intersection of any unpaved area and a paved road. If utilized, rumble
strips or steel plate devices shall be cleaned periodically. If paved roadways
accumulate tracked-out soils, the track-out prevention device shall be modified or
replaced to prevent track-out;
Sweep streets at the end of each day if visible soil material is carried onto adjacent
paved roads. Water sweepers with reclaimed water should be used where feasible;
All of these fugitive dust mitigation measures shall be shown on grading and building
plans; and
The contractor or builder shall designate a person or persons to monitor the fugitive
dust control emissions and enhance the implementation of the measures as necessary
to minimize dust complaints, reduce visible emissions below 20 percent opacity, and
to prevent transport of dust offsite. Their duties shall include holiday and weekend
periods when work may not be in progress. The name and telephone number of such
persons shall be provided to SLO County APCD Compliance Division prior to the
start of any grading, earthwork or demolition.
2. Implementation of the following BACT for diesel-fueled construction equipment. The
BACT measures shall include:
Use of at least Tier 3 off-road equipment and 2010 on-road compliant engines;
Repowering equipment with the cleanest engines available; and
Installing California Verified Diesel Emission Control Strategies.
3. Implementation of the following standard air quality measures to minimize diesel
emissions:
Maintain all construction equipment in proper tune according to manufacturer’s
specifications;
Fuel all off-road and portable diesel-powered equipment with CARB-certified motor
vehicle diesel fuel (non-taxed version suitable for use off-road).
Use on-road heavy-duty trucks that meet the CARB’s 2007 or cleaner certification
standard for on-road heavy-duty diesel engines and comply with the State On-Road
Regulation;
Construction or trucking companies with fleets that do not have engines in their fleet
that meet the engine standards identified in the above two measures (e.g. captive or
NOx exempt area fleets) may be eligible by proving alternative compliance;
On- and off-road diesel equipment shall not be allowed to idle for more than five
minutes. Signs shall be posted in the designated queuing areas to remind drivers and
operators of the five-minute idling limit;
Diesel idling within 1,000 feet of sensitive receptors is not permitted;
Staging and queing areas shall not be loated within 1,000 feet of sensitive receptors;
Electrify equipment when feasible;
Substitute gasoline-powered in place of diesel-powered equipment, where feasible;
and,
Use alternatively fueled construction equipment onsite where feasible, such as
compressed natural gas (CNG), liquefied natural gas (LNG), propane or biodiesel.
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
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4. Tabulation of on- and off-road construction equipment (age, horse-power, and miles
and/or hours of operation);
5. Schedule construction truck trips during non-peak hours (as determined by the Public
Works Director) to reduce peak hour emissions; and
6. Limit the length of the construction work-day period to 8 hours max.
— Mitigation Measure MM BIO-1. The Applicant shall prepare and implement a Biological
Mitigation and Monitoring Plan that identifies both construction and operational related
avoidance, reduction, and mitigation measures for impacts to sensitive natural communities.
The Biological Mitigation and Monitoring Plan shall include Best Management Practices
(BMPs) to avoid or minimize impacts to biological resources, and implementation of on and
offsite habitat replacement as follows:
1. The Biological Mitigation and Monitoring Plan shall include the following construction-
related measures and BMPs:
a. Construction equipment and vehicles shall be stored at least 100 feet away from
existing and proposed drainage features and adjacent riparian habitat, and all
construction vehicle maintenance shall be performed in a designated offsite vehicle
storage and maintenance area approved by the City.
b. Prior to commencement of construction, Drainages 1, 2, 3, and 4 and all associated
springs, seeps, and wetlands shall be protected with construction fencing located a
minimum of 25 feet from the edge of the stream channel or top of bank and signed to
prohibit entry of construction equipment and personnel unless authorized by the City.
Fencing shall be maintained throughout the construction period for each phase of
development. Fencing and signage shall be removed following completion of
construction.
c. During any construction activities within 50 feet of the existing Froom Creek
channel, realigned Froom Creek channel, LOVR ditch, Drainages 1, 2, 3, or 4, or
other existing or proposed drainage features, a City-approved biological monitor shall
be present and have the authority to stop or redirect work as needed to protect
biological resources.
d. All construction materials (e.g., fuels, chemicals, building materials) shall be stored
at designated construction staging areas, which shall be located outside of designated
sensitive areas. Should spills occur, or if any unanticipated hazardous materials are
discovered, materials and/or contaminants shall be cleaned immediately and recycled
or disposed of to the satisfaction of the RWQCB, Department of Toxic Substances
Control, and/or San Luis Obispo County Public Health Environmental Services, as
applicable.
e. All trash and construction debris shall be properly disposed at the end of each day
and dumpsters shall be covered either with locking lids or with plastic sheeting at the
end of each workday and during storm events. All sheeting shall be carefully secured
to withstand weather conditions.
f. The Applicant shall implement measures designed to minimize construction-related
erosion and retain sediment on the Project site, including installation of silt fencing,
straw waddles, or other acceptable construction erosion control devices. Such
measures shall be installed along the perimeter of disturbed areas and along the top of
the bank of the existing and proposed Froom Creek channel and other existing or
proposed drainage features and 25 feet from the edge of Drainages 1, 2, 3, and 4. All
drainage shall be directed to sediment basins designed to retain all sediment onsite.
g. Concrete truck and tool washout shall occur in a designated location such that no
runoff will reach the creek, onsite drainages, or other sensitive areas.
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
81
h. All open trenches shall be constructed with appropriate exit ramps to allow species
that fall into a trench to escape. All open trenches shall be inspected at the beginning
of each work day to ensure that no wildlife species is present. Any sensitive wildlife
species found during inspections shall be gently encouraged to leave the Project site
by a qualified biologist or otherwise trained and City-approved personnel. Trenches
will remain open for the shortest period necessary to complete required work.
i. Existing disturbed areas shall be used for construction staging and storage to the
maximum extent possible to minimize disturbance of undeveloped habitats. All
construction access roads and staging areas shall be located to avoid known/mapped
habitat and minimize habitat fragmentation.
— Mitigation Measure CR-2. If any ground disturbing activities are proposed within 100 feet of
the recorded sites P-40-000783, P-40-0011195, or the unrecorded site comprising three
mapped stone isolates, on preparation of construction plans, the plans shall delineate a 50-
foot buffer surrounding the boundaries of the recorded sites. The area shall be labeled as an
“Environmentally Sensitive Area”. Highly visible temporary construction fencing shall be
installed along the boundary of the 50-foot buffer and shall remain in place until the
archaeological monitor recommends removal. If feasible, no ground disturbance, construction
worker foot traffic, storage of materials, or storage or use of equipment shall occur within the
“Environmentally Sensitive Area”. Archaeological monitoring shall occur during all
construction activities occurring within 50 feet of the delineated boundary. Upon completion
of archaeological monitoring, an archaeological monitoring report shall be prepared and
submitted to the City Community Development Department and the Central Coast
Information Center at the University of California Santa Barbara.
— Mitigation Measure CR-3. Prior to issuance of grading or building permits, and recordation
of the final map, an Archaeological Monitoring Plan (AMP) shall be prepared. The AMP
should include, but not be limited to, the following:
A list of personnel involved in the monitoring activities;
Description of Native American involvement;
Description of how the monitoring shall occur;
Description of location and frequency of monitoring (e.g., full time, part time, spot
checking);
Description of what resources are expected to be encountered;
Description of circumstances that would result in the halting of work at the project site;
Description of procedures for halting work on the site and notification procedures;
Description of monitoring reporting procedures; and
Provide specific, detailed protocols for what to do in the event of the discovery of human
remains.
— Mitigation Measure CR-4. The Applicant shall retain a City-approved archaeologist and
local Native American observer to monitor Project-related ground-disturbing activities that
have the potential to encounter previously unidentified archaeological resources, as outlined
in the AMP prepared to satisfy MM CR-3. Archaeological and tribal monitoring may cease
only if the City-approved archaeologist determines in coordination with the Applicant,
Community Development Director, and the Native American monitor that Project activities
do not have the potential to encounter and/or disturb unknown resources.
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
82
— Mitigation Measure CR-5. In the event of any inadvertent discovery of prehistoric
archaeological resources, including but not limited to stone, bone, glass, ceramics, fossils,
wood, or shell artifacts, or historic-period archaeological resources, all work within 100 feet
of the discovery shall immediately cease (or greater or lesser distance as needed to protect the
discovery and determined in the field by the City-approved archaeologist). The Applicant
and/or contractor shall immediately notify the City Community Development Department.
The City-approved archaeologist shall evaluate the significance of the discovery pursuant to
City Archaeological Resource Preservation Program Guidelines prior to resuming any
activities that could impact the site/discovery. If the City-approved archaeologist or Native
American monitor determine that the find may qualify for listing in the CRHR or as a tribal
cultural resource, the site shall be avoided or shall be subject to a Phase II or III mitigation
program consistent with City Archeological Resource Preservation Program Guidelines and
funded by the Applicant. Work shall not resume until authorization is received from the City.
— Mitigation Measure HAZ-1. The Applicant shall prepare and submit a Construction Impact
Management Plan to the City of San Luis Obispo Fire Department (SLOFD) prior to the
issuance of grading permits. The Plan shall list measures taken during construction to reduce
the potential for brush or grass fires from use of heavy equipment, welding, vehicles with
catalytic converters, and other potential activities. The Plan shall include SLOFD
recommended measures including, but not limited to the following:
All equipment with the potential to work off-road shall be equipped with appropriate
mufflers and have extinguishers mounted on each vehicle;
In coordination with SLOFD, personnel shall be briefed on the dangers of wildfire and be
able to respond accordingly should the need arise;
Onsite supervisor(s) shall have a cell phone or other means of initiating a 911 response
time in a timely manner in the event of a medical emergency and/or fire;
All dead and decadent vegetation immediately surrounding the development area shall be
removed to a minimum perimeter of 30 feet;
Smoking shall only occur in a designated area;
A water tender will be available on each construction site during the entire phase of
construction; and
A water tender operator shall be available onsite during all construction and remain
onsite a minimum of 30 minutes after all construction has finished for the day.
— Mitigation Measure HYD-1. Prior to the issuance of any construction/grading permit and/or
the commencement of any clearing, grading, or excavation, the Applicant shall submit a
Notice of Intent (NOI) for discharge from the Project site to the California SWRCB Storm
Water Permit Unit.
— Mitigation Measure HYD-2. For each phase of construction, the Applicant shall require the
building contractor to prepare and submit a Storm Water Pollution Prevention Plan (SWPPP)
to the City 45 days prior to the start of work for approval. The contractor is responsible for
understanding the State General Permit and instituting the SWPPP during construction. A
SWPPP for site construction shall be developed prior to the initiation of grading and
implemented for all construction activity on the Project site in excess of 1 acre, or where the
area of disturbance is less than 1 acre but is part of the Project’s plan of development that in
total disturbs 1 or more acres. The SWPPP shall identify potential pollutant sources that may
affect the quality of discharges to stormwater and shall include specific BMPs to control the
discharge of material from the site, including, but not limited to:
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
83
• Temporary detention basins, straw bales, sand bagging, mulching, erosion control
blankets, silt fencing, and soil stabilizers shall be used.
• Sufficient physical protection and pollution prevention measures to prevent
sedimentation, siltation, and/or debris from entering the Calle Joaquin wetlands.
• Soil stockpiles and graded slopes shall be covered after 14 days of inactivity and 24 hours
prior to and during inclement weather conditions.
• Fiber rolls shall be placed along the top of exposed slopes and at the toes of graded areas
to reduce surface soil movement, as necessary.
• A routine monitoring plan shall be implemented to ensure success of all onsite erosion
and sedimentation control measures.
• Dust control measures shall be implemented to ensure success of all onsite activities to
control fugitive dust.
• Streets surrounding the Project site shall be cleaned daily or as necessary.
• BMPs shall be strictly followed to prevent spills and discharges of pollutants onsite
(material and container storage, proper trash disposal, construction entrances, etc.).
• Sandbags, or other equivalent techniques, shall be utilized along graded areas to prevent
siltation transport to the surrounding areas.
Additional BMPs shall be implemented for any fuel storage or fuel handling that could occur
onsite during construction. The SWPPP must be prepared in accordance with the guidelines
adopted by the SWRCB. The SWPPP shall be submitted to the City along with
grading/development plans for review and approval. The Applicant shall file a Notice of
Completion for construction of the development, identifying that pollution sources were
controlled during the construction of the Project and implementing a closure SWPPP for the
site.
— Mitigation Measure NO-1. Except for emergency repair of public service utilities, or where
an exception is issued by the Community Development Department, no operation of tools or
equipment used in construction, drilling, repair, alteration, or demolition work shall occur
between the hours of 7:00 PM and 7:00 AM, or any time on Sundays, holidays, or after
sunset, such that the sound creates a noise disturbance that exceeds 75 dBA for single-family
residential uses, 80 dBA for multi-family residential uses, and 85 dBA for mixed
residential/commercial land uses, as shown in Table 3.10-9 and Table 3.10-10 of the Final
EIR, across a residential or commercial property line.
— Mitigation Measure NO-2. For all construction activity at the Project site, noise attenuation
techniques shall be employed to ensure that noise levels are maintained within levels allowed
by the City of San Luis Obispo Municipal Code, Title 9, Chapter 9.12 (Noise Control). Such
techniques shall include:
• Sound blankets on noise-generating equipment.
• Stationary construction equipment that generates noise levels above 65 dBA at the
Project boundaries shall be shielded with a barrier that meets a sound transmission class
(a rating of how well noise barriers attenuate sound) of 25.
• All diesel equipment shall be operated with closed engine doors and shall be equipped
with factory-recommended mufflers.
• Temporary sound barriers shall be constructed between construction sites and affected
uses.
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
84
— Mitigation Measure NO-3. The Applicant shall inform landowners and business operators at
properties within 300 feet of the Project site of proposed construction timelines and noise
complaint procedures to minimize potential annoyance or nuisance complaints related to
construction noise no less than 10 days prior to initiation of any grading and construction
activity for any Phase. The notice shall include the name and contact information of the
Project’s construction manager and contact information for the City’s Community
Development Department.
— Mitigation Measure NO-4. Prior to approval of park and residential development within the
Madonna Froom Ranch area of the Specific Plan, the Applicant shall submit a project-
specific noise study that evaluates the potential for noise exposure from adjacent commercial
uses and identifies project-specific design measures to attenuate exterior and interior noise
consistent with the City’s Noise Element and Noise Ordinance. If necessary to reduce noise
within acceptable levels, noise reduction measures may include a planted earthen berm,
sound wall, or similar noise attenuating feature along the site boundary with Irish Hills Plaza,
consistent with Policy 1.8.2 of the Noise Element.
— Mitigation Measure TRANS-1. The Applicant shall prepare a Construction Transportation
Management Plan for all phases of the Project for review and approval by the City prior to
issuance of grading or building permits to address and manage traffic during construction.
The Applicant shall coordinate with SLO Regional Rideshare for the development of the
Plan. The Plan shall be designed to:
• Prevent traffic impacts on the surrounding roadway network;
• Restrict construction staging to within the Project site;
• Minimize parking impacts both to public parking and access to private parking to the
greatest extent practicable;
• Ensure safety for both those construction vehicles and works and the surrounding
community;
• Prevent substantial truck traffic through residential neighborhoods; and
• Provide strategies to reduce single-occupancy vehicle trips made by resident and
employees.
The Construction Transportation Management Plan shall be subject to review and approval
by the Public Works Director to ensure that the Plan has been designed in accordance with
this mitigation measure. The Applicant shall identify a point of contact to coordinate Plan
implementation. This review shall occur prior to issuance of grading or building permits. It
shall, at a minimum, include the following:
Ongoing Requirements throughout the Duration of Construction:
• A detailed Construction Transportation Management Plan for work zones shall be
maintained. At a minimum, this shall include parking and travel lane configurations;
warning, regulatory, guide, and directional signage; and area sidewalks, bicycle lanes,
and parking lanes. The Plan shall include specific information regarding the Project’s
construction activities that may disrupt normal pedestrian and traffic flow and the
measures to address these disruptions. Such Plan shall be reviewed and approved by the
Community Development Department and implemented in accordance with this
approval.
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
85
• Heavy haul construction vehicles and cement trucks shall not pass through Villaggio’s
Lower Area access roads once any of the Lower Area residences become occupied, and
must utilize access from Calle Joaquin to access the Upper Terrace after that time.
• Work within the public right-of-way shall be reviewed and approved by the City on a
case-by-case basis based on the magnitude and type of construction activity. Work shall
generally be performed between 8:30 AM and 4:00 PM. This work includes dirt hauling
and construction material delivery. Work within the public right-of-way outside of these
hours shall only be allowed after the issuance of an after-hours construction permit
administered by the Building and Safety Division. Additional restrictions may be put in
place by Public Works Department depending on particular construction activities and
conditions.
• Streets and equipment shall be cleaned in accordance with established Public Works
requirements.
• Trucks shall only travel on a City-approved construction route. Limited queuing may
occur on the construction site itself.
• Materials and equipment shall be minimally visible to the public; the preferred location
for materials is to be onsite, with a minimum amount of materials within a work area in
the public right-of-way, subject to a current Use of Public Property Permit.
• Provision of off-street parking for construction workers, which may include the use of a
remote location with shuttle transport to the site, if determined necessary by the City.
• Where construction activities require closure of bike lanes or sidewalks along LOVR,
temporary bicycle and pedestrian pathways shall be provided where feasible with
physical separation provided between users and adjacent vehicle traffic consistent with
Public Works requirements.
Project Coordination Elements That Shall Be Implemented Prior to Commencement of
Construction:
• The traveling public shall be advised of impending construction activities that may
substantially affect key roadways or other facilities (e.g., information signs, portable
message signs, media listing/notification, and implementation of an approved
Construction Impact Mitigation Plan).
• A Use of Public Property Permit, Excavation Permit, Sewer Permit, or Oversize Load
Permit, as well as any Caltrans permits required for any construction work requiring
encroachment into public rights-of-way, detours, or any other work within the public
right-of-way shall be obtained.
• Timely notification of construction schedules shall be provided to all affected agencies
(e.g., Police Department, Fire Department, Public Works Department, and Community
Development Department) and to all owners and residential and commercial tenants of
property within a radius of 0.25 mile.
• Construction work shall be coordinated with affected agencies in advance of start of
work. Approvals may take up to two weeks per each submittal.
• Public Works Department approval of any haul routes for construction materials and
equipment deliveries shall be obtained.
• Construction traffic plans, routes, and schedules shall be shared with the City Active
Transportation Committee, County Public Works Department (for distribution to the
County Bicycle Advisory Committee), the Los Verdes Park 1 and 2 Homeowners
Associations, and local bicycle advocacy groups, such as Bike SLO County and the SLO
Bicycle Club.
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
86
— Mitigation Measure UT-1. The Applicant shall amend the FRSP to require that the size,
location, and alignment of all on- and offsite water supply, recycled water, wastewater, and
energy infrastructure shall be subject to review and approval by the City’s Public Works and
Utilities Departments. The Applicant shall be responsible for constructing all required onsite
and offsite utility improvements, as well as for repaving of damaged roadways.
b. Finding: The City finds implementation of mitigation measures would ensure utility installation
would avoid significant impacts to onsite natural resources (e.g., horizontal directional drilling
below wetland areas to avoid disturbance, onsite monitoring for cultural resources), minimize risk
of hazardous materials release, and control construction traffic, noise, and air emissions. MM UT-
1 would ensure Project utilities are engineered consistent with City standards. With
implementation of MM UT-1, as well as construction-related mitigation measures for air quality,
biological resources, cultural resources, hazards and hazardous materials, hydrology and water
quality, noise, and transportation and traffic, impacts would be reduced to a less than significant
level.
2. Impact UT-3: Project-generated wastewater would contribute to demand for wastewater collection
facilities and remaining available and planned capacity of the City’s Water Resource Recovery
Facility (WRRF). Wastewater generated at the Project site would be conveyed to the Calle Joaquin
lift station, through a force main north to the Laguna lift station, and then conveyed to the City’s
WRRF for treatment. The City notes the gravity main that extends under U.S. 101 to the Laguna lift
station currently experiences capacity issues and needs replacement to accommodate new
development within the service area of this lift station, particularly the recently approved San Luis
Ranch development. Operation of the Project and associated new wastewater flows to this lift station
would contribute towards existing capacity constraints, resulting in need for upsizing the gravity main
under U.S. 101. Further, based on the Project’s anticipated wastewater generation, the Project’s
impact on the operating capacity of the WRRF would be nominal. As the Project would require the
connection to the City collection system, the Applicant would be subject to development impact fees
implemented by the City for utility services to offset any impacts to capacity at the City’s WRRF.
Payment of these fees as a condition for Project approval would ensure that the Applicant pays a fair
share of costs associated with the wastewater infrastructure needed to serve the Project and ensure
adequate WRRF capacity to serve the development (Refer to Impact UT-3, beginning on page 3.14-
35, and the Utilities and Energy Conservation Section, beginning on page 5-87 of the Final EIR).
a. Mitigation: The following mitigation is required to address the Project’s contribution to existing
capacity constraints of the Laguna lift station to a less than significant level.
— Mitigation Measure UT-2. The Applicant shall pay fair share costs for replacement of the
Laguna lift station or construction of capacity improvements through negotiation of a private
reimbursement agreement with the City.
b. Finding: The City finds implementation of mitigation would adequately address impacts to the
Laguna lift station via a fair share payment fee, and impacts would be reduced to a less than
significant level.
3. Cumulative Utility and Energy Conservation Impacts: As discussed above in Section 5, the
Project would result in less than significant cumulative impacts to water supply, stormwater, solid
waste, and energy resources or facilities. For cumulative impacts to wastewater collection and
treatment, the WRRF’s capacity to process and treat up to 5.4 million gallons per day (MGD) of
wastewater would be sufficient for flows generated by the Project and the City at General Plan
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
87
buildout, including the cumulative projects, under dry-weather conditions. Under wet-weather
conditions, cumulative development could exacerbate the deficiency of the WRRF to process and
treat peak flows that can exceed 20 MGD. Since peaks in wastewater flow may result in permit
violations and release of effluent to San Luis Obispo Creek, the contribution of the Project’s
wastewater plus effluent generated from future pending projects could be cumulatively considerable.
However, as described above, any new pipes installed by cumulative projects would be consistent
with City standards, including the requirement for seamed sewer lines, and therefore would not result
in a considerable contribution to the wet-weather issues that cause peak wet-weather flows due to
inflow and infiltration. The WRRF Upgrade Project which would increase capacity to handle both
wet-weather and dry-weather flows would help to alleviate the impact of cumulative development on
the WRRF’s capacity to sufficiently treat the City’s wastewater to meet RWQCB standard and avoid
periodic spills into San Luis Obispo Creek.
Further, a gravity sewer main to the Laguna lift station serving the southwestern portions of the City
(including the Project site) currently experiences capacity issues. Cumulative development within this
portion of the City, including the San Luis Ranch development, would contribute towards exceedance
of capacity of the wastewater collection system. However, the Project, along with other cumulative
development approved within the City and which would be served by this infrastructure, would be
required to pay its fair share towards the upsizing of the gravity sewer main (Refer to Section
3.14.3.4, Cumulative Impacts, beginning on page 3.14-46, and the Utilities and Energy Conservation
Section, beginning on page 5-87 of the Final EIR).
a. Mitigation: The following mitigation measure would be required to reduce the Project’s cumulative
impact on City wastewater collection, conveyance, and treatment facilities.
— Mitigation Measure UT-2. The Applicant shall pay fair share costs for replacement of the
Laguna lift station or construction of capacity improvements through negotiation of a private
reimbursement agreement with the City.
b. Finding: The City finds with implementation of mitigation measures, mandatory compliance with
existing regulations and policies, and expansion of the WRRF facility, the Project’s contribution
to cumulative impacts to wastewater facilities are would be reduced to a less than significant
level.
SECTION 7. SIGNIFICANT UNAVOIDABLE ENVIRONMENTAL
EFFECTS OF THE PROPOSED MITIGATED PROJECT ALTERNATIVE
FOR WHICH SUFFICIENT MITIGATION IS NOT AVAILABLE
The findings below are for impacts that would result in potentially significant effects on the natural or
human environment that could not be lessened to a less than significant level through changes or
alternations in the project or implementation of mitigation measures. To approve a project resulting in
significant and unavoidable impacts, the CEQA Guidelines require decision makers to make findings of
overriding consideration that "... specific legal, technological, economic, social, or other considerations
make infeasible the mitigation measures or alternatives identified in the EIR...".
This section presents the Project’s significant and unavoidable environmental impacts after feasible
mitigation measures have been considered. Section 15091 of the State CEQA Guidelines (14 California
Code of Regulations [CCR]) and Section 21081 of the Public Resources Code require a Lead Agency to
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
88
make findings for each significant environmental impact disclosed in an EIR. Specifically, for each
significant impact, the Lead Agency must find that:
Changes or alterations have been required in, or incorporated into, the project to avoid or
substantially lessen the significant environmental effects identified in the Final EIR;
Such 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 that agency; or
Specific economic, social, legal, technological, or other considerations, including provision of
employment opportunities for highly trained workers, make the mitigation measures or project
alternatives identified in the Final EIR infeasible.
Each of these findings must be supported by substantial evidence in the administrative record. This
section identifies significant impacts that can be reduced, but not to a less than significant level, through
the incorporation of feasible mitigation measures into the Project, and which, therefore, remain significant
and unavoidable, as identified in the Final EIR. The impacts identified in this section are considered in the
same sequence in which they appear in the EIR. Where adoption of feasible mitigation measures is not
effective in avoiding an impact or reducing it to a less-than-significant level, the feasibility of adopting
alternatives to the proposed Project is considered in Section 8 of this document.
A. AESTHETICS AND VISUAL RESOURCES
1. Impact VIS-2: The Project would significantly impact the existing visual character of the site by
changing a rural setting to a commercial and residential setting, particularly as viewed from the Irish
Hills Natural Reserve trail system and the Froom Creek Connector Trail and trailhead. The Project
would facilitate development of up to 174 multi-family residences in Madonna Froom Ranch, 404
senior housing units and assisted living facilities and amenities in association with the Villaggio Life
Plan Community, commercial development, developed urban parks, roads, bicycle paths, and other
urban infrastructure. The proposed development would transition the Project site from predominantly
open space and grazing uses to dense multi-story development creating a continuous swath of urban
development at the base of the Irish Hills Natural Reserve. The Project’s visual character and
architectural design guidelines would adhere to the policies in the City’s General Plan LUE and
would ensure visual compatibility with surrounding development. However, the Project site is highly
visible from public trails overlooking the site from the Irish Hills Natural Reserve. From these
vantages, the Project would degrade or obstruct view corridors over the Project site and would
substantially impact the visual character of the site, including public perception from the Irish Hills
Natural Reserve (Refer to Impact VIS-2, beginning on page 3.1-33 of the Final EIR).
a. Mitigation: The incorporation of the following mitigation measure is required to reduce the
Project’s impacts associated with conversion of the site’s rural setting to commercial and
residential setting.
— Mitigation Measure VIS-1. The Draft FRSP shall be revised to include the following
Landscape Screening Guidelines to provide effective screening of proposed structural
massing as experienced from public views along Los Osos Valley Road (LOVR) and the
LOVR Overpass. The Project landscape plan shall be prepared by a qualified landscape
architect and include the following:
1. Maximize protection of existing vegetation along the Project site boundary to provide
visual screening during Project construction and operation.
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
89
2. Retain existing vegetation fronting the Project site along LOVR to the greatest extent
feasible to screen construction activities.
3. Specify a plant palette and landscape plan that ensure a vegetated site boundary of
sufficient height and density to provide visual screening of the proposed development
from public views. Robust riparian planting shall be included in landscape plans to
achieve visual screening along the proposed realigned Froom Creek.
4. Native tree specimens and shrubs capable of reaching or exceeding the heights of the
adjacent proposed structures shall be planted along Project site boundaries visible from
public views.
5. Screening planting specimen selection and location shall emphasize the ability to
interrupt the contiguous massing of structures as experienced from area roadways and
scenic vistas. Spacing shall be sufficient to minimize views of structures within the
Project site.
6. Screening planting specimen selection shall emphasize the ability of planting species to
effectively establish and thrive over the life of the Project, such that smaller sizes shall be
considered rather than exclusively larger box sizes. Planting establishment rates shall be
considered but shall not preclude the use of slower-growing species, such as coast valley
oak and willows.
7. Native tree specimens capable of reaching or exceeding the heights of adjacent structures
shall be planted adjacent to multi-family and commercial structures located within the
interior of the Specific Plan area consistent with the specifications above.
8. A bond for screening landscaping and irrigation shall be provided to ensure establishment
of plantings. The bond shall be revoked upon satisfactory establishment of screen
planting vegetation according to the plan.
b. Finding: The City finds that the Project would provide a visual transition between the Irish Hills
Natural Reserve and residential development in Villaggio by locating development below the
150-foot elevation line. By avoiding development above the 150-foot elevation line and
preserving higher elevation areas as open space in Villaggio, the Project would preserve aesthetic
resources and provide a more natural transition from rural to urban settings, particularly for
viewers located above Villaggio within the Irish Hills Natural Reserve. However, the Project
proposes residential development above the 150-foot elevation line and adjacent to the Irish Hills
Natural Reserve within Madonna Froom Ranch. This development would be highly visible from
the Froom Creek Connector Trail and trailhead, which is an identified scenic resource in the City.
With implementation of MM VIS-1, impacts under the Project would be reduced, but because the
visual change that would be experienced for viewers affected by Madonna Froom Ranch
development adjacent to the Irish Hills Natural Reserve would continue to be substantial, the City
finds that this impact would be significant and unavoidable.
2. Cumulative Aesthetic and Visual Resource Impacts: The Project, in combination with approved,
pending, and proposed development in the City, would contribute toward creating a defined transition
from the rural environment towards the south of the City to the urban environment to the north of the
City. Consistent with long-term buildout under the General Plan, the Project and cumulative projects
would be required to adhere to the design standards of the City General Plan, Community Design
Guidelines, and City Building Standards and would be subject to discretionary review by the
Community Development Director, Architectural Review Commission (ARC), and Planning
Commission. The Project would convert open space at the base of the Irish Hills to dense urban
development, which would contribute to cumulative loss of visual resources from urbanization in the
southern edges of the City (Refer to Section 3.1.3.4, Cumulative Impacts, beginning on page 3.1-40
of the Final EIR).
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
90
a. Mitigation: The incorporation of the following mitigation measure is required to reduce the
Project’s cumulative impacts associated with conversion of rural sites and settings within the City
to commercial and residential setting.
— Mitigation Measure VIS-1. The Draft FRSP shall be revised to include the following
Landscape Screening Guidelines to provide effective screening of proposed structural
massing as experienced from public views along LOVR and the LOVR Overpass. The
Project landscape plan shall be prepared by a qualified landscape architect and include the
following:
1. Maximize protection of existing vegetation along the Project site boundary to provide
visual screening during Project construction and operation.
2. Retain existing vegetation fronting the Project site along LOVR to the greatest extent
feasible to screen construction activities.
3. Specify a plant palette and landscape plan that ensure a vegetated site boundary of
sufficient height and density to provide visual screening of the proposed development
from public views. Robust riparian planting shall be included in landscape plans to
achieve visual screening along the proposed realigned Froom Creek.
4. Native tree specimens and shrubs capable of reaching or exceeding the heights of the
adjacent proposed structures shall be planted along Project site boundaries visible from
public views.
5. Screening planting specimen selection and location shall emphasize the ability to
interrupt the contiguous massing of structures as experienced from area roadways and
scenic vistas. Spacing shall be sufficient to minimize views of structures within the
Project site.
6. Screening planting specimen selection shall emphasize the ability of planting species to
effectively establish and thrive over the life of the Project, such that smaller sizes shall be
considered rather than exclusively larger box sizes. Planting establishment rates shall be
considered but shall not preclude the use of slower-growing species, such as coast valley
oak and willows.
7. Native tree specimens capable of reaching or exceeding the heights of adjacent structures
shall be planted adjacent to multi-family and commercial structures located within the
interior of the Specific Plan area consistent with the specifications above.
8. A bond for screening landscaping and irrigation shall be provided to ensure establishment
of plantings. The bond shall be revoked upon satisfactory establishment of screen
planting vegetation according to the plan.
b. Finding: The City finds that implementation of mitigation measures would reduce the Project’s
cumulative impacts to aesthetic and visual resources, but the Project’s contribution to cumulative
loss of visual resources from conversion of open space to urban land uses in the southern edge of
the City, including the San Luis Ranch Project and Avila Ranch Project, would remain significant
and unavoidable.
A. AIR QUALITY AND GREENHOUSE GAS EMISSIONS
1. Impact AQ-2: The Project would result in potentially significant long-term operational emissions.
Operational emissions from the Project include those generated by vehicle trips (mobile emissions),
the use of natural gas (energy emissions), use of consumer products and appliances, and the use of
landscaping maintenance equipment (area source emissions). Maximum daily operational emissions
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
91
were calculated for the Draft FRSP analyzed in the Final EIR using California Emissions Estimator
Model (CalEEMod), which would involve comparable amount of operational emissions compared to
the Project. While the estimated emissions would not exceed annual emissions thresholds, projected
maximum daily emissions for the Project would be above the established SLO County APCD daily
thresholds for operational emissions of ROG + NOx (Refer to Impact AQ-2, beginning on page 3.3-
35 of the Final EIR).
a. Mitigation: The following mitigation measure are required by the SLO County APCD to reduce
Project operational ROG and NOX consistent with the Air Quality Handbook.
— Mitigation Measure AQ-4. Consistent with standard mitigation measures set forth by SLO
County APCD, Projects generating more than 50 lbs/day of combined ROG + NOx shall
implement all feasible measures within Table 3-5 of the Air Quality Handbook. The
following mitigation measures shall apply to the Project (see Table 3.3-9 of the Final EIR).
b. Finding: MM AQ-4 summarizes the list of appropriate mitigation measures, and indicates which
of these are to be incorporated by the Applicant in accordance with the 2012 APCD CEQA Air
Quality Handbook (as amended by the 2017 Clarification Memorandum). Many of these
measures would be incorporated as policies of the FRSP for which future development would be
required to implement and would manifest as site design measures that would reduce area source
emissions. Measures identified in MM AQ-4 emphasize transportation strategies to reduce VMT
and associated mobile-source NOx emissions. Incorporation of this mix of measures would be
feasible for the Project, and would substantially reduce operational ROG and NOx emissions.
However, it is noted that many measures listed in MM AQ-4 do not contain quantifiable air
quality emissions reductions for programs such as the FRSP. While implementation of these
measures can feasibly reduce ROG and NOx, the City finds that the Project’s estimated emissions
after implementation of these measures cannot reasonably be quantified, and long-term
operational residual impacts are conservatively considered significant and unavoidable due to
potential continued exceedance of maximum daily emissions thresholds.
2. Impact AQ-4: The Project would be consistent with the City’s Climate Action Plan, but would result
in potentially significant greenhouse gas (GHG) emissions during construction and operation which
would be inconsistent with other state and local goals for reducing GHG emissions. The City’s
Climate Action Plan is designed as a Qualified GHG Reduction Strategy, consistent with CEQA
Guidelines Section 15183.5(b). The Project would be consistent with applicable goals and policies of
the Climate Action Plan. However, the City’s Climate Action Plan is specific to the goals of
Assembly Bill (AB) 32 and does not consider, nor is it in compliance with, the 2030 GHG reduction
targets mandated under Senate Bill (SB) 32. Compared to SB 32-compliant thresholds for land
development, a Bright Line Threshold of 690 metric tons of carbon dioxide equivalent (MT CO2e), or
an efficiency threshold of 2.65 MT of CO2e/service population/year, the Project’s estimated 6,080.9
MT CO2e total and 4.9 MT CO2e/service population/year emissions are considered inconsistent with
the basic goals, objectives, and emissions reduction strategies of the state’s adopted GHG laws. The
Project is also considered inconsistent with the City’s current goal for achieving citywide net-zero
carbon emissions by the year 2035, which reflects the City’s intent to achieve the emissions and
carbon reduction requirements of SB 32 and Executive Order B-55-18 (Refer to Impact AQ-4,
beginning on page 3.3-54, and the Air Quality and GHG Emissions Section, beginning on page 5-53
of the Final EIR).
a. Mitigation: The following mitigation measures would be required to reduce Project GHG emissions
and ensure consistency with applicable state and local GHG emission reduction goals and policies
to the maximum extent feasible.
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
92
— Mitigation Measure AQ-4. Consistent with standard mitigation measures set forth by SLO
County APCD, Projects generating more than 50 lbs/day of combined ROG + NOx shall
implement all feasible measures within Table 3-5 of the Air Quality Handbook. The
following mitigation measures shall apply to the Project (see Table 3.3-9 of the Final EIR).
— Mitigation Measure AQ-5. The Applicant shall revise the Draft FRSP to include measures
necessary to reduce Project operational stationary-source GHG emissions to achieve net zero
emissions, consistent with the City’s 2035 net-zero GHG emissions target. These measures
shall include Best Available Mitigation strategies for reducing operational emissions,
including but not limited to the following:
Electricity shall be the only energy source for the entirety of Project operations including
but not limited to space conditioning, water heating, illumination, cooking appliances,
and plug loads (exemptions to this requirement shall be limited to appliances in
commercial kitchens, emergency backup generators, and medical end-uses that have no
viable electric alternative).
Electrical power for the entirety of Project operations including but not limited to
illumination, heating, cooling, and ventilation shall be provided by alternative or carbon-
free energy sources according to the following priority: 1) on-grid power with 100-
percent renewable or carbon-free source (a planned product of Monterey Bay Community
Power available to the City in 2020), or 2) a combination of grid power and on site
renewable generation to achieve annual zero net electrical energy usage, or 3) purchase of
carbon offsets of any portion of power not from renewable or carbon-free sources. As a
first priority, carbon-free sourced energy shall be purchased from Monterey Bay
Community Power.
For new buildings, onsite solar photovoltaic systems shall be required, and retrofitted
buildings shall be encouraged to install onsite solar photovoltaic systems to offset energy
demand, regardless of building size. At a minimum, for nonresidential, mixed-use, and
mid-rise residential buildings, a solar photovoltaic system shall fill the entirety of the
Solar Zone (as defined in Section 110.10 and specified in Joint Appendix JA1 of the 2019
California Energy Code). This requirement shall not apply to historic structures within
the Froom Ranch Dairy Complex to be relocated to the proposed trailhead park.
All proposed commercial and health care facilities shall exceed the minimum standards
of Title 24, Part 11 (Cal Green) by adopting all or some elements of Cal Green Tier 1
and/or 2 voluntary elective measures to increase energy efficiency in new buildings,
remodels and additions. These measures shall prioritize upgrading lighting (e.g., using
light-emitting diode [LED] lights), heating and cooling systems, appliances, equipment
and control systems to be more energy efficient. This requirement shall not apply to
historic structures within the Froom Ranch Dairy Complex to be relocated to the
proposed trailhead park.
— Mitigation Measure AQ-6. The Applicant shall revise the FRSP to include measures necessary to
reduce the Project’s operational, mobile-source emissions, and VMT to the maximum extent
feasible, including, but not limited to the following:
Rideshare and Employee Ridership Programs: The FRSP shall be amended to include
measures for encouraging and incentivizing residents and employees of the proposed
development participate in the San Luis Obispo Regional Rideshare program.
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
93
Senior Shuttle Service: Villaggio shall provide clean fuel shuttle services and shall provide
sufficient onsite electric vehicle charging infrastructure to support the services. Electric
vehicle charging infrastructure included to meet requirements for personal vehicles may not
be used to fulfill this requirement.
All Electric Small Vehicles: The FRSP shall require all personal small vehicles (e.g., golf
carts) be 100 percent electric powered.
Promote Carpools, Vanpools, and Electric Vehicle (EV) Vehicles: Provide dedicated parking
for carpools, vanpools, and high-efficiency vehicles in exceedance of Cal Green Tier 2
standards.
b. Finding: Implementation of MM AQ-4 and -5 would ensure stationary-source operational
emissions of the Project are reduced to 0 MT CO2e/year, consistent with the City’s intent to
achieve carbon neutrality by 2035, with the purpose and intent of SB 32 to further reduce
statewide GHG emissions, and with Executive Order B-55-18 requiring attainment of statewide
carbon neutrality by 2045. Similarly, MM AQ-4 and -6 would reduce Project mobile-source
emissions to the maximum extent feasible. The reduction in emissions from the combination of
onsite and offsite mitigation strategies cannot be directly quantified; however, implementation of
these mitigation would generally demonstrate compliance with adopted state and local policies
for reducing GHG emissions. The City finds that required mitigation would ensure the Project
achieves compliance with adopted regulations and Citywide objectives and stationary-source
operational emissions are reduced to 0 MT CO2e/year; however, potential for exceedance of
GHG emissions thresholds as a result of Project mobile-source emissions would remain, and no
feasible and quantifiable mitigation exists to reduce Project impacts to a level of insignificance.
Impacts would be significant and unavoidable.
3. Impact AQ-5: The Project is potentially inconsistent with the SLO County APCD’s 2001 Clean Air
Plan. The Project would include 174 multi-family units, 404 independent and assisted senior housing
units, 51 beds for memory care and skilled nursing, and up to 100,000 sf of mixed commercial uses
resulting in an estimated 1,231 new residents. The Project’s increase in City population is within the
projections of the Clean Air Plan; however, the proposed amount of residential development is
inconsistent with the General Plan LUE Policy 8.1.5, which established performance standards for the
Project site stating a minimum of 200 dwelling units and maximum of 350 dwelling units should be
developed at the site. Further, as indicated in the LUCE Update EIR, population estimates cannot be
directly compared as the Clean Air Plan only projects population estimates until 2015. In addition, as
described in Impact AQ-2 above, the Project would result in significant and unavoidable operational
air quality impacts generated by area, energy, and mobile emissions.
With regard to the transportation and land use criteria of the Clean Air Plan, the Project’s estimated
per capita VMT would be below the countywide averages and would be consistent with the Clean Air
Plan. However, the Project would be potentially inconsistent with several Land Use Strategies and
Transportation Control Measures (TCMs) from the Clean Air Plan, including L-4 (Circulation
Management) and T-8 (Teleworking, Teleconferencing, and Telelearning), and may hinder the
County’s ability to maintain attainment of the state ozone standard (Refer to Impact AQ-5, beginning
on page 3.3-61, and the Air Quality and GHG Emissions Section, beginning on 5-53 of the Final
EIR).
a. Mitigation: The following mitigation measures would be required to reduce Project GHG
emissions and ensure consistency with applicable state and local GHG emission reduction goals
and policies to the maximum extent feasible. MM TRANS-5 has been edited to remove inference
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
94
to the Upper Terrace of Villaggio, as that component is no longer proposed by the FRSP. The
requirements of MM TRANS-5 would continue to apply to all other portions of the Project site.
— Mitigation Measure AQ-2: To reduce ROG and NOx levels during the architectural coating
phase, low or no Volatile Organic Compound (VOC)-emission paint shall be used with levels
of 50 grams per liter (g/L) or less (Odorless, Zero VOC Paint). The schedule for architectural
coatings application shall be extended, limiting the daily coating activity to a level
determined acceptable by SLO County APCD.
— Mitigation Measure AQ-4. Consistent with standard mitigation measures set forth by SLO
County APCD, Projects generating more than 50 lbs/day of combined ROG + NOx shall
implement all feasible measures within Table 3-5 of the Air Quality Handbook. The
following mitigation measures shall apply to the Project (see Table 3.3-9 of the Final EIR).
— Mitigation Measure TRANS-5. The Project Applicant shall pay a fair share mitigation fee
towards bicycle improvements at South Higuera/Tank Farm to be constructed by the Avila
Ranch development, which include extending the westbound bike lane on Tank Farm Road to
the South Higuera Street/Tank Farm Road intersection and installation of a bike box (with
loop detection) to facilitate bicycle left-turn movements. Fair share contribution is satisfied
through participation in the Citywide Transportation Impact Fee program.
If the planned bicycle improvements have not yet been completed prior to development of the
Villaggio Lower Area, the Applicant shall be responsible for design and installation of the
bicycle improvements.
— Mitigation Measure TRANS-8. The Project Applicant shall design and install Class IV
bikeways (protected bike lanes) along LOVR to provide a physical buffer between the
sidewalk and vehicular traffic lanes. Improvement extents shall occur in the northbound
direction between Laguna Lane and Diablo Drive, and in the southbound direction between
Diablo Drive and Madonna Road. Some gaps in physical separation may remain due to right-
of-way limitations or other design constraints.
— Mitigation Measure TRANS-9. The Project Applicant shall design and install ADA-
compliant curb, gutter and sidewalk along the west side of LOVR to complete the sidewalk
connection between the Irish Hills Plaza and Calle Joaquin. The Project Applicant shall also
design and install Class IV bikeways (protected bike lanes) along LOVR to provide a
physical buffer between the sidewalk and vehicular traffic lanes in the northbound and
southbound directions between Madonna Road and South Higuera Street. This mitigation
measure requires Caltrans approval and coordination for improvements near the LOVR/U.S.
101 interchange. If Class IV bikeways are not approved for segments within Caltrans right-
of-way, or are deemed infeasible for short segments due to other geometric constraints,
alternative treatments to improve pedestrian levels of service may be approved to the
satisfaction of the Public Works Director. Potential alternative treatments include installation
of striped bike lane buffers, street trees or other features that further buffer pedestrians from
street traffic.
— Mitigation Measure TRANS-10. The Project Applicant shall pay fair share mitigation fees
towards Madonna Road improvements to be constructed by the San Luis Ranch development,
which include installation of a Class I Multi-Use Path parallel to Madonna Road between
Oceanaire Drive and the U.S. 101 southbound ramps intersection. This project is in
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
95
construction currently. Fair share contributions are satisfied through participation in the
Citywide Transportation Impact Fee program.
b. Finding: Implementation of MM AQ-4, requiring implementation of measures for projects that
exceed ROG and NOx emissions, would help the Project to achieve consistency with many of the
various TCMs of the Clean Air Plan, including strategies L-4 and T-8. Implementation of MM
TRANS-5, -8, -9, and -10 would ensure facilities serving pedestrians and bicycles in the Project
vicinity would be provided prior to occupancy of the first unit of Villaggio, which would result in
consistency with SLO County APCD’s Clean Air Plan Goal TCM T-2A. However, as described
above, the Project is not fully consistent with overall land use planning principles contained in the
Clean Air Plan due to continued exceedance of population growth, vehicle trip, and VMT
projections for the region. Therefore, the City finds that the Project, despite implementation of all
feasible mitigation, would result in continued inconsistency with the Clean Air Plan and have a
significant and unavoidable effect on GHGs.
4. Cumulative Air Quality Impacts: The Project, in combination with any approved, pending, and
proposed development within the City, would further contribute to the increase in development and
associated generation of air quality-related emissions. The South-Central Coast Air Basin is currently
in state non-attainment for PM10 and ozone, for which NOx and ROGs are a precursor. As the Project
would result in significant and unavoidable impacts associated with long-term operational emissions,
particularly for NOx and ROGs, the Project would generate air quality emissions for criteria
pollutants within an air basin that is under state non-attainment; therefore, the Project would
contribute cumulatively and considerably to air quality emissions throughout the City and region.
Further, as analyzed in the LUCE Update EIR, full buildout under the LUCE would not be consistent
with the 2001 Clean Air Plan. With regard to GHG emissions, analysis of GHG emissions and
climate change are cumulative in nature because impacts are caused by cumulative global emissions
and accumulation of GHGs in the atmosphere. The Project’s construction and operational stationary-
source emissions would be individually significant and thus would result in cumulatively
considerable contributions to the cumulatively impacts of GHG emissions and climate change (Refer
to Section 3.3.3.4, Cumulative Impacts, beginning on page 3.3-68, and the Air Quality and GHG
Emissions Section, beginning on 5-53 of the Final EIR).
a. Mitigation: The following mitigation measures would be required to reduce the Project’s
cumulative impact to air quality and GHG emissions to the maximum extent feasible. MM TRANS-
5 has been edited to remove inference to the Upper Terrace of Villaggio, as that component is no
longer proposed by the FRSP. The requirements of MM TRANS-5 would continue to apply to all
other portions of the Project site.
— Mitigation Measure AQ-2: To reduce ROG and NOx levels during the architectural coating
phase, low or no Volatile Organic Compound (VOC)-emission paint shall be used with levels
of 50 grams per liter (g/L) or less (Odorless, Zero VOC Paint). The schedule for architectural
coatings application shall be extended, limiting the daily coating activity to a level determined
acceptable by SLO County APCD.
— Mitigation Measure AQ-4. Consistent with standard mitigation measures set forth by SLO
County APCD, Projects generating more than 50 lbs/day of combined ROG + NOx shall
implement all feasible measures within Table 3-5 of the Air Quality Handbook. The
following mitigation measures shall apply to the Project (see above table).
— Mitigation Measure AQ-5. The Applicant shall revise the Draft FRSP to include measures
necessary to reduce Project operational stationary-source GHG emissions to achieve net zero
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
96
emissions, consistent with the City’s 2035 net-zero GHG emissions target. These measures
shall include Best Available Mitigation strategies for reducing operational emissions,
including but not limited to the following:
Electricity shall be the only energy source for the entirety of Project operations including
but not limited to space conditioning, water heating, illumination, cooking appliances,
and plug loads (exemptions to this requirement shall be limited to appliances in
commercial kitchens, emergency backup generators, and medical end-uses that have no
viable electric alternative).
Electrical power for the entirety of Project operations including but not limited to
illumination, heating, cooling, and ventilation shall be provided by alternative or carbon-
free energy sources according to the following priority: 1) on-grid power with 100-
percent renewable or carbon-free source (a planned product of Monterey Bay Community
Power available to the City in 2020), or 2) a combination of grid power and on site
renewable generation to achieve annual zero net electrical energy usage, or 3) purchase of
carbon offsets of any portion of power not from renewable or carbon-free sources. As a
first priority, carbon-free sourced energy shall be purchased from Monterey Bay
Community Power.
For new buildings, onsite solar photovoltaic systems shall be required, and retrofitted
buildings shall be encouraged to install onsite solar photovoltaic systems to offset energy
demand, regardless of building size. At a minimum, for nonresidential, mixed-use, and
mid-rise residential buildings, a solar photovoltaic system shall fill the entirety of the
Solar Zone (as defined in Section 110.10 and specified in Joint Appendix JA1 of the 2019
California Energy Code). This requirement shall not apply to historic structures within
the Froom Ranch Dairy Complex to be relocated to the proposed trailhead park.
All proposed commercial and health care facilities shall exceed the minimum standards
of Title 24, Part 11 (Cal Green) by adopting all or some elements of Cal Green Tier 1
and/or 2 voluntary elective measures to increase energy efficiency in new buildings,
remodels and additions. These measures shall prioritize upgrading lighting (e.g., using
light-emitting diode [LED] lights), heating and cooling systems, appliances, equipment
and control systems to be more energy efficient. This requirement shall not apply to
historic structures within the Froom Ranch Dairy Complex to be relocated to the
proposed trailhead park.
— Mitigation Measure AQ-6. The Applicant shall revise the FRSP to include measures
necessary to reduce the Project’s operational, mobile-source emissions, and VMT to the
maximum extent feasible, including, but not limited to the following:
Rideshare and Employee Ridership Programs: The FRSP shall be amended to include
measures for encouraging and incentivizing residents and employees of the proposed
development participate in the San Luis Obispo Regional Rideshare program.
Senior Shuttle Service: Villaggio shall provide clean fuel shuttle services and shall
provide sufficient onsite electric vehicle charging infrastructure to support the services.
Electric vehicle charging infrastructure included to meet requirements for personal
vehicles may not be used to fulfill this requirement.
All Electric Small Vehicles: The FRSP shall require all personal small vehicles (e.g., golf
carts) be 100 percent electric powered.
Promote Carpools, Vanpools, and Electric Vehicle (EV) Vehicles: Provide dedicated
parking for carpools, vanpools, and high-efficiency vehicles in exceedance of Cal Green
Tier 2 standards.
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
97
— Mitigation Measure TRANS-5. The Project Applicant shall pay a fair share mitigation fee
towards bicycle improvements at South Higuera/Tank Farm to be constructed by the Avila
Ranch development, which include extending the westbound bike lane on Tank Farm Road to
the South Higuera Street/Tank Farm Road intersection and installation of a bike box (with
loop detection) to facilitate bicycle left-turn movements. Fair share contribution is satisfied
through participation in the Citywide Transportation Impact Fee program.
If the planned bicycle improvements have not yet been completed prior to development of the
Villaggio Lower Area, the Applicant shall be responsible for design and installation of the
bicycle improvements.
— Mitigation Measure TRANS-8. The Project Applicant shall design and install Class IV
bikeways (protected bike lanes) along LOVR to provide a physical buffer between the
sidewalk and vehicular traffic lanes. Improvement extents shall occur in the northbound
direction between Laguna Lane and Diablo Drive, and in the southbound direction between
Diablo Drive and Madonna Road. Some gaps in physical separation may remain due to right-
of-way limitations or other design constraints.
— Mitigation Measure TRANS-9. The Project Applicant shall design and install ADA-
compliant curb, gutter and sidewalk along the west side of LOVR to complete the sidewalk
connection between the Irish Hills Plaza and Calle Joaquin. The Project Applicant shall also
design and install Class IV bikeways (protected bike lanes) along LOVR to provide a
physical buffer between the sidewalk and vehicular traffic lanes in the northbound and
southbound directions between Madonna Road and South Higuera Street. This mitigation
measure requires Caltrans approval and coordination for improvements near the LOVR/U.S.
101 interchange. If Class IV bikeways are not approved for segments within Caltrans right-
of-way, or are deemed infeasible for short segments due to other geometric constraints,
alternative treatments to improve pedestrian levels of service may be approved to the
satisfaction of the Public Works Director. Potential alternative treatments include installation
of striped bike lane buffers, street trees or other features that further buffer pedestrians from
street traffic.
— Mitigation Measure TRANS-10. The Project Applicant shall pay fair share mitigation fees
towards Madonna Road improvements to be constructed by the San Luis Ranch development,
which include installation of a Class I Multi-Use Path parallel to Madonna Road between
Oceanaire Drive and the U.S. 101 southbound ramps intersection. This project is in
construction currently. Fair share contributions are satisfied through participation in the
Citywide Transportation Impact Fee program.
b. Finding: Implementation of mitigation measures would reduce Project long-term operational air
pollutant and GHG emissions to the maximum extent feasible; however, as analyzed in the LUCE
Update EIR, full buildout under the LUCE would not be consistent with the 2001 Clean Air Plan.
Further, despite implementation of all feasible mitigation strategies, the Project’s estimated
mobile-source emissions continue to have potential to result in exceedance of established GHG
emissions thresholds and state and local GHG reduction strategies due to inability to ensure
associated emissions are quantifiably reduced. Therefore, the City finds the Project will have a
significant and unavoidable cumulative impact from long-term operational air pollutant and GHG
emissions.
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
98
B. BIOLOGICAL RESOURCES
1. Cumulative Biological Resource Impacts: The proposed Project is one of several planned and/or
proposed residential developments in undeveloped open or agricultural lands along edges of the City,
such as the San Luis Ranch Specific Plan and Avila Ranch Development Project. Construction of the
Project would incrementally contribute to the conversion of undeveloped land and habitat areas to
developed urban uses, with cumulative losses of open space and habitats, increases in impervious
surfaces, night light, noise, and traffic that accompany such development. Cumulative removal of
habitat in the vicinity of the Project site reduces the amount of foraging and breeding habitat for non-
sensitive mammals, birds, and reptiles, particularly to wildlife corridors along Froom Creek, its
tributaries, and the Irish Hills. Project impacts, when combined with other projects in the vicinity,
such as the San Luis Ranch Specific Plan and Avila Ranch Development Project, would also add to
impervious surfaces and pollutant loading in the Froom Creek and San Luis Creek watersheds (Refer
to Section 3.4.3.4, Cumulative Impacts, beginning on page 3.4-97 of the Final EIR).
a. Mitigation: The following mitigation is required to reduce cumulative impacts to biological
resources to the maximum extent feasible. MM BIO-3 has been edited to eliminate reference to
the Upper Terrace in Villaggio since the Project no longer proposes development in the Upper
Terrace. Removal of development within the Upper Terrace would substantially reduce potential
impacts; MM BIO-3 would continue to apply to all other portions of the Project site. MM BIO-
Alt. 1 has been edited to remove reference to the southern emergency access route entering the
site from Calle Joaquin, as this component is not proposed as part of the Project. Following
further review of the Project, the City Fire Department concluded that the access and emergency
access roads shown in the proposed Project are adequate and meet Fire Code regulations.
Removal of this emergency access route would avoid additional impacts to onsite drainages and
Froom Creek; MM BIO-Alt. 1 would continue to apply to all other portions of the Project site.
— Mitigation Measure HAZ-2. In accordance with PRC Section 4291, the Applicant shall hire a
City-qualified team that consists of appropriate specialists (i.e., fire management
professionals, biologists) to prepare a Community Fire Protection Plan to design the creation
and maintenance of required fire buffers and fuel management zones around developable
areas and detail methods for achieving fire safety around new buildings while preserving the
integrity and function of affected native plant communities to the maximum extent feasible,
and that ensures that consistent fire fuel management practices are applied throughout the
City. The Plan shall incorporate management strategies in coordination with adjacent
property owners, including Mountainbrook Church and the Irish Hills Natural Reserve. The
Plan shall outline the removal and control of invasive, non-native vegetation, and
conservation of sensitive habitats and rare species, while developing fire fuel management
practices that will discourage or prevent non-native grasses and other non-native invasive
species from dominating surrounding areas. Landscaping shall be maintained by the
Applicant and periodically inspected by the SLOFD during fire inspections in each of the fuel
management zones to avoid the buildup of deadwood and leaf litter, which, if left to
accumulate, would reduce the mitigating effect of the Plan. Specifically, the Plan shall
include, but not be limited to, the following elements:
Vegetation coverage and type;
Setbacks between structures, sensitive wildlife species, and access routes;
Development plan landscaping and planting standards within the setback areas;
Native trees and shrubs, such as coast live oak, coastal scrub, and grassland shall be
thinned and limbed up but left in place;
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
99
All allowable weed abatement techniques, qualifications, and requirements for weed
abatement contractors, as well as measures and techniques that ensure the required fuel
management and vegetation clearance, shall be designed and implemented to provide
adequate structure protection and avoid degradation of sensitive biological habitat; and
Invasive species shall be removed and controlled.
— Mitigation Measure BIO-1. The Applicant shall prepare and implement a Biological
Mitigation and Monitoring Plan that identifies both construction and operational related
avoidance, reduction, and mitigation measures for impacts to sensitive natural communities.
The Biological Mitigation and Monitoring Plan shall include Best Management Practices
(BMPs) to avoid or minimize impacts to biological resources, and implementation of on and
offsite habitat replacement as follows:
1. The Biological Mitigation and Monitoring Plan shall include the following construction-
related measures and BMPs:
a. Construction equipment and vehicles shall be stored at least 100 feet away from
existing and proposed drainage features and adjacent riparian habitat, and all
construction vehicle maintenance shall be performed in a designated offsite vehicle
storage and maintenance area approved by the City.
b. Prior to commencement of construction, Drainages 1, 2, 3, and 4 and all associated
springs, seeps, and wetlands shall be protected with construction fencing located a
minimum of 25 feet from the edge of the stream channel or top of bank and signed to
prohibit entry of construction equipment and personnel unless authorized by the City.
Fencing shall be maintained throughout the construction period for each phase of
development. Fencing and signage shall be removed following completion of
construction.
c. During any construction activities within 50 feet of the existing Froom Creek
channel, realigned Froom Creek channel, LOVR ditch, Drainages 1, 2, 3, or 4, or
other existing or proposed drainage features, a City-approved biological monitor shall
be present and have the authority to stop or redirect work as needed to protect
biological resources.
d. All construction materials (e.g., fuels, chemicals, building materials) shall be stored
at designated construction staging areas, which shall be located outside of designated
sensitive areas. Should spills occur, or if any unanticipated hazardous materials are
discovered, materials and/or contaminants shall be cleaned immediately and recycled
or disposed of to the satisfaction of the RWQCB, Department of Toxic Substances
Control, and/or San Luis Obispo County Public Health Environmental Services, as
applicable.
e. All trash and construction debris shall be properly disposed at the end of each day
and dumpsters shall be covered either with locking lids or with plastic sheeting at the
end of each workday and during storm events. All sheeting shall be carefully secured
to withstand weather conditions.
f. The Applicant shall implement measures designed to minimize construction-related
erosion and retain sediment on the Project site, including installation of silt fencing,
straw waddles, or other acceptable construction erosion control devices. Such
measures shall be installed along the perimeter of disturbed areas and along the top of
the bank of the existing and proposed Froom Creek channel and other existing or
proposed drainage features and 25 feet from the edge of Drainages 1, 2, 3, and 4. All
drainage shall be directed to sediment basins designed to retain all sediment onsite.
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
100
g. Concrete truck and tool washout shall occur in a designated location such that no
runoff will reach the creek, onsite drainages, or other sensitive areas.
h. All open trenches shall be constructed with appropriate exit ramps to allow species
that fall into a trench to escape. All open trenches shall be inspected at the beginning
of each work day to ensure that no wildlife species is present. Any sensitive wildlife
species found during inspections shall be gently encouraged to leave the Project site
by a qualified biologist or otherwise trained and City-approved personnel. Trenches
will remain open for the shortest period necessary to complete required work.
i. Existing disturbed areas shall be used for construction staging and storage to the
maximum extent possible to minimize disturbance of undeveloped habitats. All
construction access roads and staging areas shall be located to avoid known/mapped
habitat and minimize habitat fragmentation.
— Mitigation Measures BIO-2. The Applicant shall retain a qualified Environmental
Coordinator/qualified biologist, subject to review and approval by the City to oversee
compliance with the Biological Mitigation and Monitoring Plan. The Applicant’s
Environmental Coordinator shall monitor all construction activities, conduct a biological
resources education program for all construction workers prior to the initiation of any
clearing or construction activities, and provide quarterly reports to the City regarding
construction activities, enforcement issues, and remedial measures. The Applicant’s
Environmental Coordinator shall be responsible for conducting inspections of the work area
each work day to ensure that excavation areas and sensitive or restored habitats do not exhibit
construction-related impacts or hazards to wildlife. If any exposure risk is identified, the
Environmental Coordinator shall implement measures that could include, but not be limited
to, hazing, fencing, and wildlife removals to eliminate the exposure risk.
In addition, the Applicant’s Environmental Coordinator shall monitor and regulate all
construction occurring within 50 feet of the existing and proposed Froom Creek channel,
other existing or proposed drainage features, riparian habitat, Drainages 1, 2, 3, and 4, and
seasonal or permanent wetlands. During appropriate flowering, nesting, breeding, migration,
and dispersal seasons, the Environmental Coordinator shall also conduct sensitive species
surveys immediately prior to construction activities and shall monitor construction activities
in the vicinity of habitats to be avoided.
The work area boundaries and other off-limit areas shall be identified by the biologist and/or
Environmental Coordinator on a daily basis. The biologist and/or Environmental Coordinator
shall inspect construction and sediment control fencing each work day during construction
activities. Any vegetation clearing activities shall be monitored by the biologist and/or
Environmental Coordinator.
— Mitigation Measure BIO-3. The Biological Mitigation and Monitoring Plan shall include a
Habitat Mitigation and Monitoring Plan (HMMP) with details on timing and implementation
of required habitat restoration, enhancement, or creation measures. The Biological Mitigation
and Monitoring Plan and HMMP shall be prepared under the direction of, and approved by,
the City’s Natural Resources Manager in conjunction with regulatory agencies with
permitting authority over the Project. The HMMP shall contain, at a minimum, the following
components (or as otherwise modified by regulatory agency permitting conditions):
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
101
a. Pre-construction surveys and delineation of vegetation communities, habitat, and wetland
features, including clear maps and a summary of onsite habitats to be protected and
acreage, design, and locations of required habitat mitigation sites.
b. A description of the location and boundaries of the mitigation site and description of
existing site conditions.
c. A description of measures to be undertaken to enhance the mitigation site for the target
species and to protect sensitive resources.
d. Record necessary replacement of disturbed, altered, and/or lost area of habitat.
e. A binding long-term agreement with the Applicant to implement and maintain protected
and restored sensitive habitats, including native bunch grassland, wetlands, springs,
seeps, tributary drainages, and other sensitive or restored native habitats. These measures
shall identify typical performance and success criteria deemed acceptable by the City and
California Department of Fish and Wildlife (CDFW) based on measurable goals and
objectives. Said criteria for restored habitats shall be, at a minimum, at least 70-percent
survival of container plants and 70-percent relative cover by vegetation type.
f. A description of habitat and species restoration and monitoring measures, including
specific and objective performance criteria, monitoring methods, data analysis, reporting
requirements, and monitoring schedule. At a minimum, success criteria shall be at least
70-percent survival of container plants and 70-percent relative cover by vegetation type
and will include a replacement ratio of 2:1 and determination by a City-approved
biologist that the mitigation site provides ecological functions and values for the focal
species equal to or exceeding the impacted habitat).
g. Plan requirements that ensure mitigation elements that do not meet performance or final
success criteria within 5 years are completed through an extension of the plan for an
additional 2 years or at the discretion of the City Natural Resources Manager with the
goal of completing all mitigation requirements prior to the HMMP end date.
h. Monitoring of the mitigation and maintenance areas shall occur for the period established
in the HMMP, or until success criteria are met; an endowment may be required in some
cases as determined by the City. If success criteria cannot be met through the HMMP, the
City Natural Resources Manager shall specify appropriate commensurate measures (e.g.,
onsite or offsite restoration, endowment, or bond to the City for completion of necessary
mitigation).
i. A binding long-term agreement with the Villaggio Life Plan Community to fund and
retain a qualified biologist to train all landscaping crew staff hired over the life of the
development on sensitive plant species and habitat within the vicinity of the
development, including the identification and avoidance of sensitive plants and habitat.
The qualified biologist shall conduct annual monitoring of vegetation surrounding the
development and prepare a report summarizing the avoidance or disturbance of sensitive
resources from operational activities of the Villaggio development, and identifying
necessary replacement or restoration of affected resources. Necessary mitigation shall be
subject to the same standards for performance, monitoring, and success identified in
subitems b through h, above. The report shall be submitted to the City annually for
review and approval.
j. A plan for fencing and/or signage around the Upper Terrace of the Villaggio
development, prohibiting residents, guests, and employees from accessing and disturbing
the surrounding sensitive resources.
k. Requirements for payment of annual fees to the City to fund City review and inspection
of the site and Biological Mitigation and Monitoring Plan and HMMP requirements.
— Mitigation Measure BIO-4. The Biological Mitigation and Monitoring Plan shall require
avoidance of sensitive natural communities outside approved development footprints such as
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
102
the Nassella pulchra Herbaceous Alliance, Central Coast Arroyo Willow Scrub Community,
Coastal and Central Valley Freshwater Marsh, and wetland areas to the maximum extent
feasible. Mitigation for impacted sensitive natural communities that cannot be avoided shall
be achieved through one or more of the following options, subject to City approval:
a. Onsite restoration, enhancement, or creation of suitable replacement habitat, if feasible
onsite restoration opportunities exist and at ratios consistent with those identified in MM
BIO-5;
b. Offsite restoration or creation of suitable habitat for the impacted species at the minimum
replacement ratio of 2:1 for sensitive natural communities, native grasslands, and riparian
habitat;
c. Financial contribution to an in-lieu fee program that results in restoration or creation of
suitable habitat for the impacted natural communities and/or species; and/or
d. Purchase of mitigation credits at a USFWS- and/or CDFW-approved mitigation bank.
— Mitigation Measure BIO-5. The Biological Mitigation and Monitoring Plan shall require all
temporary and permanent direct and indirect impacts to wetlands, grasslands, and riparian
habitat be mitigated, as follows:
a. Temporary direct impacts to wetland, native grassland, and riparian habitat shall be
mitigated at a minimum 1:1 mitigation ratio (area of restored habitat to impacted habitat).
b. Permanent direct impacts to sensitive natural communities, such as native grasslands, and
riparian habitat shall be mitigated at a 2:1 ratio (area of restored and enhanced habitat to
impacted habitat).
c. Permanent direct impacts to wetlands shall be mitigated at a minimum 3:1 ratio unless
otherwise directed by state and federal agencies, including but not limited to the CDFW,
RWQCB, National Marine Fisheries Service (NMFS), and U.S. Fish and Wildlife Service
(USFWS) (as appropriate).
d. Potential indirect impacts to the Calle Joaquin wetlands affected by the Froom Creek
realignment and changes to site hydrology shall be mitigated as follows. As a part of the
HMMP prepared for the Project, the Applicant shall prepare and implement a Long-Term
Wetland Monitoring Plan that is designed to quantitatively and qualitatively assess the
effectiveness of the HMMP over time to ensure its objectives are achieved. The Long-
Term Wetland Monitoring Plan shall be supported by a Baseline Conditions Assessment
that identifies the pre-construction condition of the Calle Joaquin wetlands and
establishes success criteria for sustained wetland conditions. The Baseline Conditions
Assessment shall provide qualitative and quantitative information that will be used in
comparing data obtained during subsequent monitoring years to determine if a significant
deviance from baseline conditions has occurred at the site. The Long-Term Wetland
Monitoring Plan will establish the parameters of a significant deviance from baseline
conditions. A significant deviance from baseline may be defined as a “change in wetland
area greater than 10%”. The Baseline Conditions Assessment shall be updated prior to the
start of construction to support agency permitting and guide implementation of the Long-
Term Wetland Monitoring Plan. This updated baseline shall be considered in
combination with existing and past baseline documentation to provide an expanded
baseline reflective of a range of acceptable conditions to compare post Project conditions.
The Baseline Conditions Assessment shall include a focused description of the site’s
hydrologic setting, vegetative cover and composition, quantified wetland areas and
classifications, and shall establish the threshold for a significant deviance from wetland
area based on the presence of hydrophytic plant species, hydric soil indicators, and
wetland hydrology.
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
103
At minimum, the condition of the wetland shall be evaluated on an annual basis through
completion of a wetland assessment using a regulatory agency approved model (such as,
but not limited to, the California Rapid Assessment Method [CRAM]) to document and
facilitate long-term monitoring of changes to the wetland. The annual evaluation shall
determine and document any degree of change to the wetland as a result of the proposed
changes to site hydrology and development throughout build-out under the Specific Plan.
Reports documenting the annual wetland assessment shall be provided to the City and
relevant regulatory agencies.
Long-Term Wetland Monitoring for the Calle Joaquin wetlands shall occur continuously
for a period of no less than 7 years following Phase I build-out of the FRSP area. After
the initial 7-years of minimum annual monitoring, the frequency of long-term evaluations
shall be determined in coordination with regulatory agencies and per the requirements of
the Long-Term Wetland Monitoring Plan.
The Long-Term Wetland Monitoring Plan shall include (at minimum) the following
requirements. Additional detailed criteria and performance standards will be established
in the HMMP prepared for the project and approved by regulatory agencies, but they
shall not be any less stringent than the following criteria and performance standards:
i. Annual monitoring shall evaluate and track the wetland health and biological
integrity of the Calle Joaquin wetlands.
ii. Annual evaluations shall utilize intensive site assessments to provide a more
thorough and detailed measure of wetland condition by gathering direct
measurements of biological taxa and hydrogeomorphic functions.
iii. Typical industry standards for the quantitative evaluation of plant cover will be used
(e.g., Bonham 1989 and Daubenmire 1968) to evaluate plant composition and
structure as well as direct inspections of soil conditions and hydrologic functions.
iv. Annual or semi-annual evaluations shall observe and document the following, at a
minimum:
whether groundwater recharge from Froom Creek to the shallow aquifer is being
sustained,
whether the onsite artesian well has been discharging to the wetland,
evidence of overflows entering the Calle Joaquin wetland from the realigned
Froom Creek,
excessive ponding, as evidenced by changes in vegetation related to increased
duration of ponding,
measured depth to groundwater in the onsite artesian well and the relationship of
these conditions with conditions in the wetland,
specific conductance and temperature in the wetland and other surface sources,
the presence or absence of salt efflorescences in the wetland,
any persistent green vegetation patches or changes in willow/grass ecotone, and
representative photo points.
v. Monitoring of the realigned creek’s hydrology would be required following large
storm events during the rain season that are sufficient to initiate flowing water
through the site. If after the 3rd year of monitoring, vegetation has successfully
established along the creek corridor and sedimentation and erosion are not observed
beyond what is determined to be a normal level, then the rainy season monitoring
could be scaled back to occur on a quarterly or as-needed basis for the remainder of
the monitoring schedule, upon review and approval of the City’s Natural Resources
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
104
Manager and applicable regulatory agencies and consistent with the Long-Term
Wetland Monitoring Plan.
vi. Success criteria to determine whether the Calle Joaquin wetland functions are
sustained shall include the following, at a minimum:
The constructed bank between the realigned Froom Creek channel and the Calle
Joaquin wetlands remains functional and does not recurrently scour or fill to a
degree that impairs its operation or impedes circulation through the wetland,
Excessive surface water does not pond for periods of long duration,
Salts do not accumulate such that discernible increases in salt efflorescences at
the ground surface are not visible,
Evidence of deposition by high flows is not found within the wetland (e.g., silt,
organics, or other flood deposits).
vii. If success criteria are not achieved within the 7-year initial monitoring period, a
hydrologic assessment will be conducted by a U.S. Army Corps of Engineers
(USACE) approved specialist in groundwater supported wetlands to establish
whether non-attainment is attributable to onsite conditions or actions beyond the
effective control of the Project Applicant. The specialist shall be a registered
hydrologist or certified hydrogeologist with statewide expertise, familiarity with
groundwater supported wetlands in central coastal California and verifiable
experience conducting functional analyses of such wetlands. Recommendations for
remedial actions will be submitted by the groundwater specialist to the USACE for
review and written approval prior to implementation. If wetland failures are
determined to be directly related to the realignment of Froom Creek and development
within the Froom Creek Specific Plan area, possible remedial actions would include,
at minimum, the following:
Engineering controls include biotechnical erosion controls such as the installation
of willow wattles and brush mattressing and addition of native cobble to
reinforce the low flow berm separating the creek channel from the wetland area
to help contain flows into the wetland area.
If vegetation establishment is taking longer than expected, remedial measures
such as re-seeding bare soils, replanting areas of mortality, and increased
maintenance and monitoring may be prescribed.
If there is significant evidence of scouring, collapse, or filling of the overflow
bank between the realigned low-flow Froom Creek channel and the Calle Joaquin
wetlands, a registered professional engineer shall re-evaluate bank type, size, and
slope and recommend a solution, such as augmentation or replacement.
If there is excessive ponding (spatial or temporal), a registered professional
engineer shall assess access to and capacity of existing drainage outlets and
recommend a solution, such as augmentation or replacement if necessary.
If salt efflorescence is observed and specific conductance in the wetland is
greater than baseline conditions, a registered professional engineer shall re-
evaluate the bank type, slope, size, and conveyance between the realigned Froom
Creek low-flow channel and the Calle Joaquin wetlands to increase the frequency
of salt flushing, such as altering surface flows to more frequently overflow to the
wetland area.
viii. If through monitoring it is determined that the Project does not adversely impact the
Calle Joaquin wetland areas (as defined above), the Applicant shall provide
documentation annually (at minimum) to the City, for review and approval by the
City’s Natural Resources Manager, that no significant signs of hydrological
interruption, erosion (including bank failure), or sedimentation have occurred, that
the wetland is sustained in biological integrity and health with existing hydrologic
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
105
inputs, and that channel migration has not adversely affected existing wetland
features adjacent to Calle Joaquin.
ix. If through monitoring it is determined that the Project adversely impacts the Calle
Joaquin wetland area, recommendations shall be made for modifications to the
Project design in consultation with the City and appropriate regulatory agencies for
review and concurrence, as described in subsection viii above. The annual reports
would detail the issue or problem area and proposed remedial actions.
x. If through monitoring it is determined that the Calle Joaquin wetland condition and
function cannot be remediated with implementation of all feasible remedial actions
and recommendations identified through long-term monitoring and as described in
subsection vii above and the Long-Term Wetland Monitoring Plan, then adversely
affected wetland areas shall be delineated and mitigated on- or offsite at a minimum
3:1 ratio unless otherwise directed by state and federal agencies, including but not
limited to the CDFW, RWQCB, NMFS, and USFWS (as appropriate), consistent
with subsection (c) above.
xi. Funding for long-term wetland monitoring, adaptive management, and any
recommended contingency measures shall be the responsibility of the Applicant.
Payment of a bond by the Applicant would be required to ensure the availability of
adequate funds to ensure successful implementation and completion of the Long-
Term Wetland Monitoring Plan throughout build-out under the Specific Plan.
e. Habitat revegetation or creation shall occur in the fall or winter no more than 1 year
following habitat disturbance. Revegetation shall be monitored monthly for 7 years with
a goal of at least 70-percent survival of container plants and 70-percent relative cover by
vegetation type at the end of the 7-year period. Irrigation shall be provided during this
period or until otherwise determined necessary by the Applicant’s Environmental
Coordinator.
f. Riparian vegetation along Froom Creek shall be maintained in perpetuity to the
satisfaction of the City by the Applicant or a City-approved designee. Froom Creek
conditions shall be monitored annually following winter storm seasons to assess damage
to riparian vegetation and need for maintenance restoration. Monitoring and maintenance
of riparian vegetation conditions shall be conducted consistent with the requirements of
the Habitat Mitigation and Monitoring Plan outlined in MM BIO-3.
— Mitigation Measure BIO-6. The Biological Mitigation and Monitoring Plan shall detail
timing and implementation of required habitat restoration and shall be submitted to the City’s
Natural Resources Manager for review and approval, including requirements for consultation
with CDFW, NMFS, and USACE as needed. A copy of the final plan shall be submitted to
the City for review and approval. The plan shall be implemented by the Project Applicant,
under supervision by the City and the Applicant’s Environmental Coordinator, and shall:
a. Describe replacement of sensitive natural community habitats removed, lost, or adversely
impacted by the Project, including a list of the soil, plants, and other materials that will be
necessary for successful habitat restoration/ replacement, and a description of planting
methods, location, spacing, erosion protection, and irrigation measures that will be
needed. Restoration and habitat enhancement shall be limited to use of appropriate native
species. Habitat restoration or enhancement areas shall be designed to facilitate
establishment of appropriate native plants such as willows, cottonwoods, bunchgrass, and
rushes.
b. Habitat restoration or enhancement areas shall be established within the Project
boundaries, adjacent to and contiguous with existing habitats to the maximum extent
possible.
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
106
c. Habitat restoration or enhancement sites shall be placed within existing or additional
necessary deed-restricted area(s) and shall be maintained and monitored for a minimum
of 7 years. If sufficient onsite mitigation area is not practicable, an offsite mitigation plan
shall be prepared as part of the Biological Mitigation and Monitoring Plan and approved
by permitting agencies.
d. The Biological Mitigation and Monitoring Plan shall identify appropriate restoration and
enhancement activities to compensate for impacts to creek, wetland, native bunch grass
and riparian habitat, including a detailed planting plan and maintenance plans using
locally obtained native species, and shall include habitat enhancement to support native
wildlife and plant species.
e. A weed management plan and weed identification list shall be included in the Biological
Mitigation and Monitoring Plan.
f. Habitat restoration or enhancement areas shall be maintained weekly for the first three
years after Project completion and quarterly thereafter. Maintenance shall include
replacement of unsuccessful planted specimens and eradication of noxious weeds found
on California Department of Food and Agriculture (CDFA) Lists A and B. Noxious
weeds on CDFA List C may be eradicated or otherwise managed.
g. Quarterly and annual reports documenting site inspections and site recovery status shall
be prepared and sent to the City and appropriate agencies.
— Mitigation Measure BIO-7. Utility line installation shall be timed so that sensitive habitat
areas are not disturbed (e.g., prior to the development and restoration of the new Froom
Creek realignment, after removal of riparian areas along the LOVR Ditch due to LOVR
widening). In the event a utility line is proposed to be installed across the existing or
realigned Froom Creek, or the sensitive riparian areas along the LOVR Ditch, while these
features are in their natural or restored conditions, installation via horizontal directional
drilling (HDD) to avoid impacts to sensitive habitats. Prior to installation of utility lines, a
site-specific geotechnical investigation and frac-out clean-up plan shall be completed in areas
proposed for HDD. The geotechnical investigation shall provide recommendations for
avoidance of frac-outs and/or other HDD related impacts and to determine appropriate HDD
methods (i.e., appropriate drilling mud mixtures for specific types of sediments). The
investigation shall include results from at least three borings, a geologic cross-section, a
discussion of drilling conditions, and frac-out clean-up plan. The frac-out clean-up plan shall
identify methods for minimizing potential for frac-outs and addressing any necessary clean-
up or remediation in case of a frac-out. The boring operation would be stopped immediately
if a frac-out occurs and steps would be taken to contain and minimize the effects of any spill
of drilling mud. The Applicant shall comply with all recommendations of the geotechnical
investigation.
— Mitigation Measure BIO-8. The Applicant shall submit a Froom Creek restoration plan that
identifies measures for securing the proposed low-flow channel berm along the stretch of
Froom Creek proposed adjacent to the Calle Joaquin wetlands to protect the bank from
erosion and prevent migration of the Froom Creek channel into these wetlands. Measures for
securing the bank may include a mix of natural and biotechnical measures capable of
prevention erosion based on the anticipated erosive velocity of the creek under 100-year
storm conditions.
— Mitigation Measure BIO-9. Construction and grading of the realigned portion of Froom
Creek, including planting of riparian vegetation, watering, and bank stabilization, shall be
conducted prior to removal of the existing creek segment to ensure a habitat for special-status
species within the creek is maintained through the Project site with no interruption during
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
107
construction. Project phasing shall be adjusted as needed to accommodate this sequence of
construction activities.
— Mitigation Measure BIO-10. Prior to issuance of grading and building permits, the Applicant
shall submit or fund a site survey for special-status plants, including Chorro Creek bog
thistle, and:
1. All individual locations of special-status species, including Chorro Creek bog thistle, and
suitable habitat areas shall be mapped using GPS coordinates. No construction activities
or disturbance shall occur within 50 feet of mapped special-status species, including
Chorro Creek bog thistle, or suitable habitat areas. This setback shall be delineated and
maintained with construction fencing and clear signage for the duration of grading and
construction. If the site survey results identify Chorro Creek bog thistle that may be
disturbed or lost from Project construction, the Project shall be redesigned to ensure a
minimum 50-foot buffer from mapped Chorro Creek bog thistle occurrences.
2. Development adjacent to Drainages 1, 2, and 3 shall be set back a minimum of 50 feet
from the top of the bank of these drainages and the edge of delineated associated
wetlands.
3. Drainages 1, 2, and 3 and associated wetlands shall be fenced a minimum of 50 feet from
the top of the bank or edge of delineated wetland during construction. The Applicant
shall ensure and demonstrate to the City through frequent reporting requirements
approved by the City that these areas are managed and maintained in perpetuity to
maintain wetland and Chorro Creek bog thistle habitat values to the extent feasible.
4. If the site survey results identify special-status plant species, including Chorro Creek bog
thistle, or suitable habitat that may be disturbed or lost from Project construction, the
Project shall be redesigned to ensure a minimum 50-foot buffer from mapped individual
occurrences and suitable habitat areas. If buffers cannot be maintained, then consultation
with CDFW shall occur to determine appropriate minimization and mitigation measures
for impacts to special-status plant species, or in the case of plant species listed pursuant to
CESA or the Native Plant Protection Act, to determine if take can be avoided. If take
cannot be avoided, take authorization prior to any ground-disturbing activities may be
warranted. Take authorization would occur through issuance of an ITP by CDFW,
pursuant to Fish and Game Code section 2081(b).
— Mitigation Measure BIO-11. The Biological Mitigation and Monitoring Plan shall address
special-status wildlife species management. Grading and construction activities shall avoid
the rainy season (typically October 15 to April 15) to the extent practicable, particularly
within 50 feet of the existing and proposed Froom Creek channel, and other existing or
proposed drainage features, riparian or wetland habitat, and any suitable nesting sites as
determined by the City-approved biologist. Injury, mortality to, or significant disturbance of
onsite sensitive species, including the California red-legged frog, south-central California
coast steelhead, and white-tailed kite, shall be avoided. The plan shall include the following
measures: pre-construction surveys; worker awareness; cessation of work in occupied areas if
individuals are identified; relocation (if necessary) of frogs and steelhead from the work area
by a professional biologist authorized by the USFWS and/or CDFW; and monitoring of
construction activities within the vicinity of sensitive habitats by a qualified biologist during
construction, consistent with MM BIO-2. Necessary permits shall be obtained from the state
(CDFW) and federal (USACE and USFWS) regulatory agencies with jurisdiction and/or
permitting authority over a portion of the Project. Any other sensitive species observed
during the pre-construction surveys shall be relocated by the qualified biologist into the
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
108
nearest suitable habitat outside the disturbance area as determined in consultation with the
appropriate jurisdictional resource agency.
— Mitigation Measure BIO-12. The Biological Mitigation and Monitoring Plan shall address
the habitation and movement of special-status wildlife species, as follows:
1. Migratory and Nesting/Burrowing Bird Management. Grading and construction activities
shall avoid the breeding season (typically from February 15 to August 15) to the extent
practicable, particularly within 50 feet of riparian or wetland habitat and mature trees and
within onsite grasslands. If Project activities must be conducted during this period and
within the vicinity of riparian or wetland habitat, grasslands, and/or mature trees, pre-
construction nesting bird surveys shall take place no more than one week prior to habitat
disturbance associated with each phase; if active nests or burrows are located during
these surveys, the following measures shall be implemented:
a. Construction activities within 50 feet of active nests shall be restricted until chicks
have fledged, unless the nest belongs to a raptor or burrowing owl, in which case a
minimum 500-foot activity restriction buffer shall be observed.
b. Construction shall be limited to daylight hours (7:00 AM to 7:00 PM or sunset,
whichever is sooner).
c. A pre-construction survey report shall be submitted to the City immediately upon
completion of the survey. The report shall detail appropriate fencing or flagging of
the buffer zone and make recommendations on additional monitoring requirements.
A map of the Project site and nest locations shall be included with the report. If any
sensitive species are observed during pre-construction surveys, the Project biologist
shall coordinate with appropriate resource agencies to determine appropriate
procedure for handling or avoidance of the specimen.
d. The Project biologist conducting the nesting survey shall have the authority to reduce
or increase the recommended buffer depending upon site conditions and the species
involved. A report of findings and recommendations for bird protection shall be
submitted to the City prior to vegetation removal. If sensitive or special-status species
are observed during pre-construction surveys, the Project biologist shall coordinate
with appropriate resource agencies to determine appropriate procedures for handling
or avoidance of the specimen.
e. If burrowing owls are found onsite and avoidance is not possible, burrow exclusion
shall be conducted by City-approved qualified biologists and only during the non-
breeding season, before breeding behavior is exhibited and after the burrow is
confirmed empty through non-invasive methods, such as surveillance. CDFW
recommends replacement of occupied burrows with artificial burrows at a ratio of
one burrow collapsed to one artificial burrow constructed (1:1) To avoid
recolonization, ongoing surveillance shall be provided by the City-approved Project
biologists throughout Project construction at a rate that is sufficient to detect
burrowing owls if they return.
2. Bat Colony Management. Prior to removal of any trees over 20 inches diameter-at-breast-
height (DBH) or demolition/relocation of existing onsite structures, a survey shall be
conducted by a City and CDFW-approved biologist to determine if any tree or structure
proposed for removal, trimming, demolition, or relocation harbors sensitive bat species or
maternal bat colonies. Maternal bat colonies shall not be disturbed, and grading and
construction activities shall avoid the bat breeding season to the extent feasible. If
disturbance of structures must occur during the bat breeding season, buildings must be
inspected and deemed clear of bat colonies/roosts within 7 days of demolition and an
appropriately trained and approved biologist must conduct a daily site-clearance during
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
109
demolition. If bats are roosting in a structure or tree in the Project site during the daytime
but are not part of an active maternity colony, then exclusion measures shall be utilized
and must include one-way valves that allow bats to leave but are designed so that the bats
may not re-enter the structure. For each occupied roost removed, one bat box shall be
installed in similar habitat as determined by the Project biologist and shall have similar
cavities or crevices to those which are removed, including access, ventilation, dimensions,
height above ground, and thermal conditions. If a bat colony would be eliminated from the
Project site, appropriate alternate bat habitat shall be installed within the Project site. To
the extent practicable, alternate bat house installation shall occur near onsite drainages.
— Mitigation Measure BIO-13. The Applicant shall amend the FRSP to establish a 300-
foot development buffer on the centerline of the confluence of Drainage 1, 2, and 3 and
the realigned Froom Creek to maintain natural vegetation, ecological, hydrologic, and
wildlife connectivity between the Irish Hills Natural Reserve and the Froom Creek
corridor. The required buffer shall extend from the point at which the proposed realigned
Froom Creek exits the Specific Plan area, upstream along the centerlines of Drainages 1,
2, and 3 for 600 linear feet. The Applicant shall relocate residential uses to areas outside
of this buffer and should not exacerbate biological resource impacts in other areas of the
site (This measure has been incorporated into the design of the Project and reflected on
the Project land use plan).
— Mitigation Measure BIO-14. Proposed roadway/pathway crossings over any drainage shall
be designed to ensure adequate passage for wildlife, consistent with the design standards and
guidelines of the Federal Highway Administration Wildlife Crossing Structure Handbook.
— Mitigation Measure BIO-15. Native Tree Protection. To ensure protection of native
protected trees with respect to the tree trunk, canopy, and root zone, the Applicant shall hire a
City-approved arborist or qualified biologist to conduct a daily, pre-construction survey of all
activities occurring within the protected root zones of protected trees, and shall make
recommendations for avoidance, and for any necessary remedial work to ensure the health
and safety of trees that are encroached, and any measures necessary to reduce and/or remove
potential safety hazards posed by any of these trees. Following construction, the health of
affected trees shall be monitored by the arborist or qualified biologist for up to 5 years if
necessary and as determined at the discretion of the City.
Should Project activities result in the compromised health of native trees resulting from
encroachment, the Applicant shall submit a native tree replacement planting program,
prepared by a qualified biologist, arborist, or other resource specialist, which specifies
replacement tree locations, tree or seedling size, planting specifications, and a monitoring
program to ensure that the replacement planting program is successful, including
performance standards for determining whether replacement trees are healthy and growing
normally, and procedures for periodic monitoring and implementation of corrective measures
in the event that the health of replacement trees declines.
Where the worsened health of a tree results in the loss of protected tree species, mitigation
measures in the native tree replacement program shall include the planting of replacement
trees on the Project site, if suitable area exists. Riparian trees 4 inches or greater measured at
DBH shall be replaced in-kind at a minimum ratio of 3:1 (replaced: removed). Trees 24
inches or greater inches DBH shall be replaced in-kind at a minimum ratio of 10:1. Willows
and cottonwoods may be planted from live stakes following guidelines provided in the
California Salmonid Stream Habitat Restoration Manual for planting dormant cuttings and
container stock (CDFW 2010).
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
110
Tree replacement shall be conducted in accordance with a Natural Habitat Restoration
and Enhancement Plan to be approved by the City’s Natural Resources Manager.
The Natural Habitat Restoration and Enhancement Plan shall prioritize the planting of
replacement trees on-site where feasible, but shall allow that replacement trees may be
planted off-site with approval of the City’s Natural Resources Manager.
Replacement trees may be planted in the fall or winter of the year in which trees were
removed. All replacement trees will be planted no more than 1 year following the date
upon which the native trees were removed.
Where onsite mitigation through planting replacement trees is not feasible, mitigation shall be
provided by one of the following methods:
Off-site mitigation shall be provided by planting no less than 10:1, at a suitable site that is
restricted from development or is public parkland. The Applicant shall plant seedlings –
less than 1-year old – in an area providing suitable habitat. In the case of oak trees, the
seedlings shall be grown from acorns collected in the area; or
An in-lieu fee shall be provided for the unavoidable impacts of the loss of native tree
habitat. The fee shall be based on the type, size and age of the tree(s) removed.
— Mitigation Measure BIO-Alt.1. The additional emergency access roadway across Froom
Creek and the LOVR ditch and the southern emergency access route entering the site from
Calle Joaquin shall be reviewed by the City’s Public Works Department, Community
Development Department, Natural Resources Manager, and Fire Department prior to
adoption of the Final FRSP and approval of the Vesting Tentative Tract Map to ensure that
design is adequate for City emergency ingress/egress standards and minimizes impacts to
riparian vegetation and wildlife passage, and that adequate on- and offsite mitigation of
impacted riparian and wetland vegetation is provided. The City shall ensure review and
approval of these features as part of the Final FRSP considers the siting, alignment, width,
materials, and access controls.
b. Finding: The City finds that implementation of mitigation measures would reduce impacts to
sensitive vegetation communities, special-status species, wildlife movement, and mature trees
would be reduced to a less than significant level. However, despite incorporation of all the
Project-specific mitigation measures described above, the Project’s contribution to regional
cumulative impacts to biological resources would be cumulatively considerable due to inability of
the Project to avoid or successfully mitigate all impacts associated with loss or disturbance of
sensitive and regionally significant biological resources to a level that would not be collectively
significant when added to other closely related past, present, and reasonably foreseeable probable
future projects. Therefore, the City finds that the Project’s contribution to cumulative impacts to
biological resources would be significant and unavoidable.
C. CULTURAL AND TRIBAL CULTURAL RESOURCES
1. Impact CR-3: The Project would result in relocation, demolition, disturbance, and/or removal of
historic resources onsite, including individually eligible historic resources and a historic district. The
Project would relocate, rehabilitate, and adaptively reuse (within the proposed public trailhead park)
four structures within the historic Froom Ranch Dairy Complex (i.e., Main Residence,
Creamery/House, Dairy (Round-Nose) Barn, and Granary) that are individually eligible for listing on
the National Register of Historic Places (NRHP), California Register of Historical Resources
(CRHR), and the City’s Master List of Historic Resources. The proposed relocation and
reconstruction of four of the Froom Ranch Dairy complex buildings would maintain the character-
defining features of the four individually significant structures, including the existence, orientation,
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
111
relative horizontal and vertical relationship of the Main Residence, Creamery/House, Dairy (Round-
Nose) Barn, and Granary, and the relative open space and minimally landscaped setting. However,
there is a potential for conflict between the design and character of the surrounding Madonna Froom
Ranch development and the rehabilitated/reconstructed historic structures. Incompatible design of
adjacent new development has the potential to reduce or inhibit the historic quality, character, and
context of the relocated and rehabilitated/reconstructed structures. Further, the Project would result in
the demolition and permanent loss of three contributors to the eligible Froom Ranch Dairy Complex
historic district (i.e., the Shed, Bunkhouse, and Old Barn). While these structures are not individually
significant historic resources, they contribute to the historic setting and integrity of the Froom Ranch
Dairy Complex historic district based upon their association with the Froom family, connection to the
historic dairy operation, character-defining features of Craftsman-style or vernacular architecture, and
good integrity (Refer to Impact CR-3, beginning on page 3.5-33, and the Cultural and Tribal Cultural
Resources Section, beginning on page 5-67 of the Final EIR).
a. Mitigation: The following mitigation measures are required to reduce impacts to historic
resources to the maximum extent feasible. MM CR-13 has been edited to require design
guidelines and a review process for new construction proximate to all historic structures (not just
the Main Residence), since the Project proposes multi-family development adjacent to all four
relocated historic structures (not just the Main Residence). This more stringent mitigation
measure will ensure potential indirect impacts to historical resources are minimized to the
greatest extent feasible.
— Mitigation Measure CR-9. The Applicant shall retain a qualified professional historic
architect meeting the Secretary of the Interior’s Professional Qualifications Standards (36
CFR Part 61) to review and comment on design and construction drawings and monitor
construction to ensure conformance with the Secretary of the Interior’s Standards. The role of
the historic architect shall include collaboration on a range of items relating to materials
selection, construction methods, design of exterior and interior alterations, and monitoring of
construction activities. The historic architect and Applicant shall resolve any unforeseen
circumstance in a manner that conforms with the Secretary of the Interior’s Standards. The
qualified professional historic architect shall work with the Applicant team to ensure:
a. Deteriorated historic features would be repaired to the greatest extent feasible. Where
features are deteriorated beyond repair, they would be replaced to exactly match the old.
b. All character-defining features are retained.
c. Physical treatments to historic material would use the gentlest means possible and would
not damage material.
d. Reconstruction would be clearly identified as a contemporary re-creation.
e. Interpretative signage would clearly provide information regarding the history of the
buildings and their reconstruction.
Artifacts, features, and other materials recovered through this process shall be described,
illustrated, and analyzed fully in a technical report of findings; the analysis shall include
comparative research with other sites of similar age. In addition to the technical report, the
findings from this research shall be published in an appropriate scientific journal. The
Applicant shall fund all technical reporting and subsequent publication.
— Mitigation Measure CR-10. The Applicant shall retain a qualified professional photographer
to prepare Historic American Building Survey (HABS) Level II documentation and
investigate additional applicable surveys (e.g. oral histories, LIDAR, and/or
photogrammetry). This documentation shall record the existing appearance of all seven
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
112
contributing buildings in large and medium format HABS photographs. HABS Level II
documentation shall pertain to the entire Froom Ranch Dairy complex so that functional
relationships between the buildings can be documented. All documentation components shall
be completed in accordance with the Guidelines for Architectural and Engineering
Documentation (HABS standards). The photographs shall consist primarily of large format,
4-inch by 5-inch, black and white negatives (one set), contact prints (one set) and 8-inch by
10-inch prints (two sets), archivally processed and printed on fiber-based paper. The set of
original negatives shall be made at the time the photographs are taken. The original,
archivally-sound negatives and prints shall be and distributed as follows: (1) the Library of
Congress in Washington, DC through the National Park Service (one set of negatives and
contact prints).
— Mitigation Measure CR-11. The Applicant shall work with the City to develop an
interpretive project that documents the potential historic district and its cultural and
architectural heritage by means of a pamphlet and/or additional means (e.g., signage,
interpretive plan, mobile-friendly content), subject to approval by the City. This interpretive
project will highlight the former Froom Ranch Dairy, both primary and secondary
contributors, in a social (Froom family) and industrial (dairy industry) context, with an
emphasis on how these buildings were used on the dairy farm, and how this property relates
to the larger dairy farm context in San Luis Obispo, the Central Coast, and California. Five
hundred copies of the pamphlet shall be published. These professionally researched, written
and printed materials shall be offered at no cost through the local museums and heritage
organizations, and at the trailhead park. After the initial distribution of printed brochures,
digital copies shall be available. Throughout the park, interpretive signs that provide
information on building history and function (extant and demolished) shall also be
incorporated.
— Mitigation Measure CR-12. The Applicant shall reuse original material to the greatest extent
feasible in the proposed work on the contributing structures to be relocated and/or
reconstructed within the proposed public park (main residence, dairy barn, creamery/house,
and granary). The Applicant and historic architect shall work with the City to prepare a
marketing plan to offer to the public any salvaged historic materials not used during
rehabilitation and reconstruction of the primary contributors, and demolition of the secondary
contributors. As appropriate, unused or unretained historic materials will be offered to local
historical societies and museums, then offered to architectural recycling before being
disposed.
— Mitigation Measure CR-13. The Applicant and historic architect shall prepare design
guidelines and a review process for new construction proximate to historic structuresthe main
residence. New construction shall be undertaken in such a manner that the essential form and
integrity of relocated historic structures the main residence and their its setting would be
unimpaired. The design guidelines and review by City Community Development Director
shall ensure new construction is compatible with historic structures main residence in
material, features, size, scale and proportion, and massing.
— Mitigation Measure CR-14. Prior to commencement of Phase 1 construction, a City-
approved qualified structural engineer and historical architect shall survey the existing
foundations and other structural aspects of the main residence, creamery, dairy barn, and
granary, and develop a preservation plan to protect the historic buildings from potential
damage during construction activities.
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
113
The qualified structural engineer shall identify any necessary temporary structural bracing for
the historic structures to avoid damage to these resources during the duration of construction.
The qualified structural engineer shall prepare a temporary historic structure stabilization plan
identifying these techniques as necessary.
b. Finding: Implementation of MM CR-9 through MM CR-13 would ensure relocation and
restoration of the four individually eligible historical resources would conform to the Secretary of
the Interior’s Standards, and MM CR-14 would address potential for construction vibration to
disturb existing historic buildings during Project construction. Additionally, these measures
would lessen impacts to the eligible historic district by ensuring that relocation and reconstruction
of the Main Residence, Dairy (Round-Nose) Barn, Creamery/House, and Granary would retain
character-defining features that convey the district’s historical significance, and that demolished
historic structures would be thoroughly documented and curated. However, because the
demolition of a portion of a historic district and relocation of a historic district represents an
irreversible change to the historical resource, the City finds that these impacts would remain
significant and unavoidable.
2. Cumulative Cultural and Tribal Cultural Resources Impacts: Cumulative development would
result in the permanent loss of known archeological resources and historical structures, including
those located within the Avila Ranch Specific Plan and San Luis Ranch Specific Plan areas. In
addition, cumulative development may uncover previously undisturbed archeological resources and
could potentially result in damage or loss of such resources. Cumulative projects would be required to
comply with General Plan Conservation and Open Space Element Policies 3.5.5, 3.5.6, and 3.5.7, and
would be subject to review by the City’s Cultural Heritage Committee for conformance with
guidelines for cultural resources protection. Further, cumulative projects would be subject to
environmental review under CEQA, which requires avoidance of significant cultural resources
whenever feasible; if avoidance is not feasible, then appropriate mitigation measures would be
applied (CEQA Guidelines Section 15126.4). Project mitigation would reduce impacts to
archaeological and tribal cultural resources to a less than significant level and would not contribute to
a cumulative impact to those resources. However, the Project would result in a significant and
unavoidable impact associated with the removal, relocation, and reconstruction of features associated
with the historic Froom Ranch Dairy Complex, therefore resulting in considerable contributions to
cumulative impacts to historic resources within the region (Refer to Section 3.5.3.4, Cumulative
Impacts, beginning on page 3.5-41 of the Final EIR).
a. Mitigation: The following mitigation measures are required to reduce impacts to cultural, tribal
cultural, and historic resources to the maximum extent feasible. MM CR-13 has been edited to
require design guidelines and a review process for new construction proximate to all historic
structures (not just the Main Residence), since the Project proposes multi-family development
adjacent to all four relocated historic structures (not just the Main Residence). This more stringent
mitigation measure will ensure potential indirect impacts to historical resources are minimized to
the greatest extent feasible.
— Mitigation Measure CR-1. A Phase 2 – Subsurface Archaeological Resource Evaluation
(SARE) investigation shall be conducted prior to any grading or development proposed
within 200 feet of the recorded P-40-000783 and P-40-001195 sites, or the unrecorded site
comprising three mapped stone isolates, to evaluate the potential for unknown buried
resources within these “archaeologically sensitive” areas, including but not limited to stone,
bone, glass, ceramics, fossils, wood, or shell artifacts, or features including hearths, structural
remains, or historic dumpsites, consistent with City Archeological Resource Preservation
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
114
Program Guidelines. If discovery of unknown buried archaeological resources occurs through
the SARE, a City-approved archaeologist shall evaluate the significance of the discovery
pursuant to City Archaeological Resource Preservation Program Guidelines and CEQA. If the
discovery is found to be a significant cultural resource, Project design shall be modified to
avoid modification, disturbance, or destruction of the archeological resource. If the Phase 2
SARE investigations do not discover unknown buried archaeological resources but conclude
there is a possibility that cultural resources exist within the archaeologically sensitive areas
that were evaluated, the Community Development Department Director shall require that the
Applicant retain a City-approved archaeologist and local Native American observer to
monitor construction activities to identify and protect archaeological resources in accordance
with the Archaeological Monitoring Plan described in MM CR-3.
— Mitigation Measure CR-2. If any ground disturbing activities are proposed within 100 feet of
the recorded sites P-40-000783, P-40-0011195, or the unrecorded site comprising three
mapped stone isolates, on preparation of construction plans, the plans shall delineate a 50-
foot buffer surrounding the boundaries of the recorded sites. The area shall be labeled as an
“Environmentally Sensitive Area”. Highly visible temporary construction fencing shall be
installed along the boundary of the 50-foot buffer and shall remain in place until the
archaeological monitor recommends removal. If feasible, no ground disturbance, construction
worker foot traffic, storage of materials, or storage or use of equipment shall occur within the
“Environmentally Sensitive Area”. Archaeological monitoring shall occur during all
construction activities occurring within 50 feet of the delineated boundary. Upon completion
of archaeological monitoring, an archaeological monitoring report shall be prepared and
submitted to the City Community Development Department and the Central Coast
Information Center at the University of California Santa Barbara.
— Mitigation Measure CR-3. Prior to issuance of grading or building permits, and recordation
of the final map, an Archaeological Monitoring Plan (AMP) shall be prepared. The AMP
should include, but not be limited to, the following:
A list of personnel involved in the monitoring activities;
Description of Native American involvement;
Description of how the monitoring shall occur;
Description of location and frequency of monitoring (e.g., full time, part time, spot
checking);
Description of what resources are expected to be encountered;
Description of circumstances that would result in the halting of work at the project site;
Description of procedures for halting work on the site and notification procedures;
Description of monitoring reporting procedures; and
Provide specific, detailed protocols for what to do in the event of the discovery of human
remains.
— Mitigation Measure CR-4. The Applicant shall retain a City-approved archaeologist and
local Native American observer to monitor Project-related ground-disturbing activities that
have the potential to encounter previously unidentified archaeological resources, as outlined
in the AMP prepared to satisfy MM CR-3. Archaeological and tribal monitoring may cease
only if the City-approved archaeologist determines in coordination with the Applicant,
Community Development Director, and the Native American monitor that Project activities
do not have the potential to encounter and/or disturb unknown resources.
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
115
— Mitigation Measure CR-5. In the event of any inadvertent discovery of prehistoric
archaeological resources, including but not limited to stone, bone, glass, ceramics, fossils,
wood, or shell artifacts, or historic-period archaeological resources, all work within 100 feet
of the discovery shall immediately cease (or greater or lesser distance as needed to protect the
discovery and determined in the field by the City-approved archaeologist). The Applicant
and/or contractor shall immediately notify the City Community Development Department.
The City-approved archaeologist shall evaluate the significance of the discovery pursuant to
City Archaeological Resource Preservation Program Guidelines prior to resuming any
activities that could impact the site/discovery. If the City-approved archaeologist or Native
American monitor determine that the find may qualify for listing in the CRHR or as a tribal
cultural resource, the site shall be avoided or shall be subject to a Phase II or III mitigation
program consistent with City Archeological Resource Preservation Program Guidelines and
funded by the Applicant. Work shall not resume until authorization is received from the City.
— Mitigation Measure CR-6. Prior to construction of each phase, workers shall receive
education regarding the recognition of possible buried cultural remains and protection of all
cultural resources, including prehistoric and historic resources, during construction. Such
training shall provide construction personnel with direction regarding the procedures to be
followed in the unlikely event that previously unidentified archaeological materials, including
Native American burials, are discovered during construction. Training shall also inform
construction personnel that unauthorized collection or disturbance of artifacts or other
cultural materials is not allowed. The training shall be prepared by a City-approved
archaeologist and shall provide a description of the cultural resources that may be
encountered in the Project site, specify areas of known sensitivity, outline steps to follow in
the event that a discovery is made, and provide contact information for the City-approved
archaeologist, Native American monitor, and appropriate City personnel. The training shall
be conducted concurrent with other environmental or safety awareness and education
programs for the Project, provided that the program elements pertaining to archaeological
resources is provided by a qualified instructor meeting applicable professional standards.
— Mitigation Measure CR-7. If human remains are exposed during construction, the City
Community Development Department shall be notified immediately. The Applicant and City
shall comply with State Health and Safety Code Section 7050.5, which states that no further
disturbance shall occur until the County Coroner has been notified and can make the
necessary findings as to origin and disposition of the remains pursuant to PRC Section
5097.98. Construction shall halt around the discovery of human remains, the area shall be
protected, and consultation and treatment shall occur as prescribed by law.
— Mitigation Measure CR-8. No designated recreational areas, facilities, pedestrian paths, or
roadways shall be located with 50 feet of a known prehistoric or tribal cultural resource site.
All archaeological site soils within 100 feet of a known prehistoric or tribal cultural site shall
be seeded with shallow rooted native vegetation unless existing natural vegetation (i.e.,
existing grasslands) can screen the cultural resource from view.
— Mitigation Measure CR-9. The Applicant shall retain a qualified professional historic
architect meeting the Secretary of the Interior’s Professional Qualifications Standards (36
CFR Part 61) to review and comment on design and construction drawings and monitor
construction to ensure conformance with the Secretary of the Interior’s Standards. The role of
the historic architect shall include collaboration on a range of items relating to materials
selection, construction methods, design of exterior and interior alterations, and monitoring of
construction activities. The historic architect and Applicant shall resolve any unforeseen
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
116
circumstance in a manner that conforms with the Secretary of the Interior’s Standards. The
qualified professional historic architect shall work with the Applicant team to ensure:
a. Deteriorated historic features would be repaired to the greatest extent feasible. Where
features are deteriorated beyond repair, they would be replaced to exactly match the old.
b. All character-defining features are retained.
c. Physical treatments to historic material would use the gentlest means possible and would
not damage material.
d. Reconstruction would be clearly identified as a contemporary re-creation.
e. Interpretative signage would clearly provide information regarding the history of the
buildings and their reconstruction.
Artifacts, features, and other materials recovered through this process shall be described,
illustrated, and analyzed fully in a technical report of findings; the analysis shall include
comparative research with other sites of similar age. In addition to the technical report, the
findings from this research shall be published in an appropriate scientific journal. The
Applicant shall fund all technical reporting and subsequent publication.
— Mitigation Measure CR-10. The Applicant shall retain a qualified professional photographer
to prepare Historic American Building Survey (HABS) Level II documentation and
investigate additional applicable surveys (e.g. oral histories, LIDAR, and/or
photogrammetry). This documentation shall record the existing appearance of all seven
contributing buildings in large and medium format HABS photographs. HABS Level II
documentation shall pertain to the entire Froom Ranch Dairy complex so that functional
relationships between the buildings can be documented. All documentation components shall
be completed in accordance with the Guidelines for Architectural and Engineering
Documentation (HABS standards). The photographs shall consist primarily of large format,
4-inch by 5-inch, black and white negatives (one set), contact prints (one set) and 8-inch by
10-inch prints (two sets), archivally processed and printed on fiber-based paper. The set of
original negatives shall be made at the time the photographs are taken. The original,
archivally-sound negatives and prints shall be and distributed as follows: (1) the Library of
Congress in Washington, DC through the National Park Service (one set of negatives and
contact prints).
— Mitigation Measure CR-11. The Applicant shall work with the City to develop an
interpretive project that documents the potential historic district and its cultural and
architectural heritage by means of a pamphlet and/or additional means (e.g., signage,
interpretive plan, mobile-friendly content), subject to approval by the City. This interpretive
project will highlight the former Froom Ranch Dairy, both primary and secondary
contributors, in a social (Froom family) and industrial (dairy industry) context, with an
emphasis on how these buildings were used on the dairy farm, and how this property relates
to the larger dairy farm context in San Luis Obispo, the Central Coast, and California. Five
hundred copies of the pamphlet shall be published. These professionally researched, written
and printed materials shall be offered at no cost through the local museums and heritage
organizations, and at the trailhead park. After the initial distribution of printed brochures,
digital copies shall be available. Throughout the park, interpretive signs that provide
information on building history and function (extant and demolished) shall also be
incorporated.
— Mitigation Measure CR-12. The Applicant shall reuse original material to the greatest extent
feasible in the proposed work on the contributing structures to be relocated and/or
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
117
reconstructed within the proposed public park (main residence, dairy barn, creamery/house,
and granary). The Applicant and historic architect shall work with the City to prepare a
marketing plan to offer to the public any salvaged historic materials not used during
rehabilitation and reconstruction of the primary contributors, and demolition of the secondary
contributors. As appropriate, unused or unretained historic materials will be offered to local
historical societies and museums, then offered to architectural recycling before being
disposed.
— Mitigation Measure CR-13. The Applicant and historic architect shall prepare design
guidelines and a review process for new construction proximate to historic structuresthe main
residence. New construction shall be undertaken in such a manner that the essential form and
integrity of relocated historic structures the main residence and their its setting would be
unimpaired. The design guidelines and review by City Community Development Director
shall ensure new construction is compatible with historic structures main residence in
material, features, size, scale and proportion, and massing.
— Mitigation Measure CR-14. Prior to commencement of Phase 1 construction, a City-
approved qualified structural engineer and historical architect shall survey the existing
foundations and other structural aspects of the main residence, creamery, dairy barn, and
granary, and develop a preservation plan to protect the historic buildings from potential
damage during construction activities.
The qualified structural engineer shall identify any necessary temporary structural bracing for
the historic structures to avoid damage to these resources during the duration of construction.
The qualified structural engineer shall prepare a temporary historic structure stabilization plan
identifying these techniques as necessary.
b. Finding: Implementation of mitigation MM CR-1 through -8 would feasibly reduce Project-
specific impacts to cultural and tribal cultural resources to a less than significant level and would
not result in significant cumulative impacts to such resources. Implementation of MM CR-9
through -13 would ensure relocation and restoration of the four individually eligible historical
resources would conform to the Secretary of the Interior’s Standards, and MM CR-14 would
address potential for construction vibration to disturb existing historic buildings during
construction. Additionally, these measures would lessen impacts to the potential historic district
by ensuring that relocation and reconstruction of the Main Residence, Dairy (Round-Nose) Barn,
Creamery/House, and Granary would retain character-defining features that convey the district’s
historical significance, and that demolished historic structures would be thoroughly documented
and curated. However, because the demolition of a portion of a historic district and relocation of a
historic district represents an irreversible change to the historical resource, the City finds that the
Project’s contribution to loss of historic resources within the region would result in a significant
and unavoidable impact.
D. HAZARDS, HAZARDOUS MATERIALS, AND WILDFIRE
1. Impact HAZ-1: The Project would exacerbate wildfire risks, exposing Project occupants to wildfire
hazards and impairing emergency response. The Project would require wildfire fuel management in
the Irish Hills Natural Reserve. The Project site is located in a region with very high to moderate fire
hazard potential, including the western 1-mile-long perimeter of the site that borders and includes
very high fire hazard areas. Adjacent grassland, coastal sage scrub, oak woodland and chaparral
vegetation within the Irish Hills Natural Reserve provides substantial flammable natural fuels for
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
118
future potential wildfires. The risk of fire ignition from construction activities immediately adjacent
to the Very High Fire Hazard Severity Zone (FHSZ) constitutes a potentially significant adverse
impact, especially during periods of high fire risk. The Project would exacerbate wildfire risks by
developing residential uses in a high fire hazard area, thereby placing structures and people in a
permanently high-risk location and contributing to wildfire hazards that would affect existing
residents and property, including pollutant concentrations from a wildfire, uncontrolled spread of
wildfire, and post-fire flooding, debris flows, and drainage changes. The Project would substantially
increase the total number of people and structures within an area designated Moderate FHSZ and
adjacent to a High FHSZ at the base of the Froom Creek watershed and the Irish Hills. During periods
of maximum occupancy, 1,231 persons could be onsite within the residential and commercial areas
(i.e., employees and residents). Although no development is proposed in the Very High FHSZ, the
risk of wildfire remains high due to Project location at the wildland-urban interface at the base of
steep slopes and ravines in the Irish Hills (Refer to Impact HAZ-1, beginning on page 3.7-24, and the
Hazards, Hazardous Materials, and Wildfire Section, beginning on page 5-71 of the Final EIR).
a. Mitigation: The following mitigation measures are required to reduce Project construction and
operational impacts from wildfire hazards to the maximum extent feasible.
— Mitigation Measure HAZ-1. The Applicant shall prepare and submit a Construction Impact
Management Plan to SLOFD prior to the issuance of grading permits. The Plan shall list
measures taken during construction to reduce the potential for brush or grass fires from use of
heavy equipment, welding, vehicles with catalytic converters, and other potential activities.
The Plan shall include SLOFD recommended measures including, but not limited to the
following:
All equipment with the potential to work off-road shall be equipped with appropriate
mufflers and have extinguishers mounted on each vehicle;
In coordination with SLOFD, personnel shall be briefed on the dangers of wildfire and be
able to respond accordingly should the need arise;
Onsite supervisor(s) shall have a cell phone or other means of initiating a 911 response
time in a timely manner in the event of a medical emergency and/or fire;
All dead and decadent vegetation immediately surrounding the development area shall be
removed to a minimum perimeter of 30 feet;
Smoking shall only occur in a designated area;
A water tender will be available on each construction site during the entire phase of
construction; and
A water tender operator shall be available onsite during all construction and remain
onsite a minimum of 30 minutes after all construction has finished for the day.
— Mitigation Measure HAZ-2. In accordance with PRC Section 4291, the Applicant shall hire a
City-qualified team that consists of appropriate specialists (i.e., fire management
professionals, biologists) to prepare a Community Fire Protection Plan to design the creation
and maintenance of required fire buffers and fuel management zones around developable
areas and detail methods for achieving fire safety around new buildings while preserving the
integrity and function of affected native plant communities to the maximum extent feasible,
and that ensures that consistent fire fuel management practices are applied throughout the
City. The Plan shall incorporate management strategies in coordination with adjacent
property owners, including Mountainbrook Church and the Irish Hills Natural Reserve. The
Plan shall outline the removal and control of invasive, non-native vegetation, and
conservation of sensitive habitats and rare species, while developing fire fuel management
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
119
practices that will discourage or prevent non-native grasses and other non-native invasive
species from dominating surrounding areas. Landscaping shall be maintained by the
Applicant and periodically inspected by the SLOFD during fire inspections in each of the fuel
management zones to avoid the buildup of deadwood and leaf litter, which, if left to
accumulate, would reduce the mitigating effect of the Plan. Specifically, the Plan shall
include, but not be limited to, the following elements:
Vegetation coverage and type;
Setbacks between structures, sensitive wildlife species, and access routes;
Development plan landscaping and planting standards within the setback areas;
Native trees and shrubs, such as coast live oak, coastal scrub, and grassland shall be thinned
and limbed up but left in place;
All allowable weed abatement techniques, qualifications, and requirements for weed
abatement contractors, as well as measures and techniques that ensure the required fuel
management and vegetation clearance, shall be designed and implemented to provide
adequate structure protection and avoid degradation of sensitive biological habitat; and
Invasive species shall be removed and controlled.
— Mitigation Measure HAZ-3. The FRSP shall designate smoking areas, located away from
onsite fire hazards areas and within acceptable locations consistent with Chapter 8.16,
Smoking Prohibition and Secondhand Smoke Control, of the City Municipal Code.
Otherwise, smoking shall be prohibited onsite. The Applicant shall amend the FRSP to
include policies to requiring the allowed use of fire resistant landscaping and hardscaping in
areas to reduce mulch/gorilla hair, which is the receptive embers, if determined appropriate
by SLOFD.
— Mitigation Measure HAZ-4. The Applicant shall prepare and implement an Evacuation Plan,
which shall address both Villaggio and Madonna Froom Ranch areas. The Evacuation Plan
shall be subject to review by the City and SLOFD, and shall include, but not be limited to:
Accommodation for assisted living and special care individuals;
Shelter-in-place accommodations;
Specified quantity and capacity of vehicles required to accommodate residents and
employees of Villaggio, and maintenance of those vehicles;
Signage that clearly indicates evacuation routes and meeting areas;
Specified egress points for transportation vehicles;
A relocation plan from the Project site to a secondary facility, with associated
transportation;
Contingency plans for changes to the construction schedule or phasing plan that would
affect the primary evacuation plan and routes;
Periodic updates that would consider potential redevelopment activities or other roadway
alterations; and
Regular practice drills (e.g., one per year) for implementation of the Evacuation Plan.
— Mitigation Measure HAZ-5. The FRSP shall designate fire access routes in at least two
locations from the Project site to the Irish Hills Natural Reserve on at least 12-foot wide
paths, one extending from Villaggio and one from Madonna Froom Ranch. Fire access routes
shall be designed to allow emergency response to wildland area in the Irish Hills to support
direct access for firefighting personnel and equipment.
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
120
b. Finding: Security fencing, retaining walls, and closely spaced residential units in Villaggio would
limit access for firefighters to attack fires threatening residential units adjacent to the Irish Hills
Natural Preserve. The project includes primary and emergency access as reviewed and approved
by the City Fire Department, and implementation of mitigation measures would reduce impacts
associated with development of the Project in proximity to high fire risk areas and provide for
direct emergency access for emergency response vehicles to both the Project site and adjacent
lands of the Irish Hills Natural Reserve. Additional mitigation includes requirements for a
Community Fire Protection Plan and Evacuation Plan. However, the City finds that while
mitigation would reduce the range of wildfire risks, given the location of the site at the base of the
Irish Hills (and associated moderate to high fire hazard zones) with slopes, vegetation, and winds
that put the Project site and surrounding areas at risk for wildfire impacts, the mitigation measures
would not reduce the potential impact to a level of insignificance. Occupants would still be
exposed to wildfire hazards and secondary impacts to the Irish Hills would continue to occur
from offsite fuel management. Impacts related to wildland fires with associated threat of damage
to structures and loss of life would be significant and unavoidable.
2. Cumulative Hazards, Hazardous Materials, and Wildfire Impacts: The severity of potential
hazards for individual projects would depend upon the location, type, and size of development and the
specific hazards associated with individual sites. Discretionary projects proposed in the City would be
required to undergo individual environmental review, including review of potential impacts related to
hazards and hazardous materials that are applicable to that particular development site and proposed
use. Additionally, projects would also be subject to the local, state, and federal standards which
require the safe removal of potentially hazardous building materials and the cleanup of contaminated
properties, thus reducing the level of risk on a particular site. Cumulative impacts from hazards and
hazardous materials would be less than significant.
Cumulative hazards from wildfire would be exacerbated by additional construction and operation of
urban uses within the City and region along the wildland-urban interface. Projects within this area
would introduce additional fire hazard-related risks that would place additional people and structures
at risk of damage. Further, the heightened potential for future fire hazards from the influence of
climate change and warmer conditions would contribute to the potential for a higher frequency,
intensity, and size of fires that may occur within the Project site vicinity and overall region.
Cumulative projects within the City and the Project vicinity would have the potential to expose future
area residents, employees, and visitors to chemical hazards through development of sites and
structures that may be contaminated from either historic or ongoing uses. The severity of potential
hazards for individual projects would depend upon the location, type, and size of development and the
specific hazards associated with individual sites. In addition, several cumulative projects are also
within the ALUP Safety Areas, thereby potentially exposing persons to risk of airport safety hazards.
These primarily include residential units and commercial developments near the Airport, such as the
San Luis Ranch Specific Plan and Avila Ranch Development Plan projects (Refer to Section 3.7.3.4,
Cumulative Impacts, beginning on page 3.7-42, and the Hazards, Hazardous Materials, and Wildfire
Section, beginning on page 5-71 of the Final EIR).
a. Mitigation: The following mitigation measures are required to reduce cumulative impacts from and
wildfire to the maximum extent feasible. Impacts associated with hazards, hazardous materials, and
development within a ALUP Safety Area are less than significant, and no mitigation is required.
— Mitigation Measure HAZ-1. The Applicant shall prepare and submit a Construction Impact
Management Plan to SLOFD prior to the issuance of grading permits. The Plan shall list
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
121
measures taken during construction to reduce the potential for brush or grass fires from use of
heavy equipment, welding, vehicles with catalytic converters, and other potential activities.
The Plan shall include SLOFD recommended measures including, but not limited to the
following:
All equipment with the potential to work off-road shall be equipped with appropriate
mufflers and have extinguishers mounted on each vehicle;
In coordination with SLOFD, personnel shall be briefed on the dangers of wildfire and be
able to respond accordingly should the need arise;
Onsite supervisor(s) shall have a cell phone or other means of initiating a 911 response
time in a timely manner in the event of a medical emergency and/or fire;
All dead and decadent vegetation immediately surrounding the development area shall be
removed to a minimum perimeter of 30 feet;
Smoking shall only occur in a designated area;
A water tender will be available on each construction site during the entire phase of
construction; and
A water tender operator shall be available onsite during all construction and remain
onsite a minimum of 30 minutes after all construction has finished for the day.
— Mitigation Measure HAZ-2. In accordance with PRC Section 4291, the Applicant shall hire a
City-qualified team that consists of appropriate specialists (i.e., fire management
professionals, biologists) to prepare a Community Fire Protection Plan to design the creation
and maintenance of required fire buffers and fuel management zones around developable
areas and detail methods for achieving fire safety around new buildings while preserving the
integrity and function of affected native plant communities to the maximum extent feasible,
and that ensures that consistent fire fuel management practices are applied throughout the
City. The Plan shall incorporate management strategies in coordination with adjacent
property owners, including Mountainbrook Church and the Irish Hills Natural Reserve. The
Plan shall outline the removal and control of invasive, non-native vegetation, and
conservation of sensitive habitats and rare species, while developing fire fuel management
practices that will discourage or prevent non-native grasses and other non-native invasive
species from dominating surrounding areas. Landscaping shall be maintained by the
Applicant and periodically inspected by the SLOFD during fire inspections in each of the fuel
management zones to avoid the buildup of deadwood and leaf litter, which, if left to
accumulate, would reduce the mitigating effect of the Plan. Specifically, the Plan shall
include, but not be limited to, the following elements:
Vegetation coverage and type;
Setbacks between structures, sensitive wildlife species, and access routes;
Development plan landscaping and planting standards within the setback areas;
Native trees and shrubs, such as coast live oak, coastal scrub, and grassland shall be thinned
and limbed up but left in place;
All allowable weed abatement techniques, qualifications, and requirements for weed
abatement contractors, as well as measures and techniques that ensure the required fuel
management and vegetation clearance, shall be designed and implemented to provide
adequate structure protection and avoid degradation of sensitive biological habitat; and
Invasive species shall be removed and controlled.
— Mitigation Measure HAZ-3. The FRSP shall designate smoking areas, located away from
onsite fire hazards areas and within acceptable locations consistent with Chapter 8.16,
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
122
Smoking Prohibition and Secondhand Smoke Control, of the City Municipal Code.
Otherwise, smoking shall be prohibited onsite. The Applicant shall amend the FRSP to
include policies to requiring the allowed use of fire resistant landscaping and hardscaping in
areas to reduce mulch/gorilla hair, which is the receptive embers, if determined appropriate
by SLOFD.
— Mitigation Measure HAZ-4. The Applicant shall prepare and implement an Evacuation Plan,
which shall address both Villaggio and Madonna Froom Ranch areas. The Evacuation Plan
shall be subject to review by the City and SLOFD, and shall include, but not be limited to:
Accommodation for assisted living and special care individuals;
Shelter-in-place accommodations;
Specified quantity and capacity of vehicles required to accommodate residents and
employees of Villaggio, and maintenance of those vehicles;
Signage that clearly indicates evacuation routes and meeting areas;
Specified egress points for transportation vehicles;
A relocation plan from the Project site to a secondary facility, with associated
transportation;
Contingency plans for changes to the construction schedule or phasing plan that would
affect the primary evacuation plan and routes;
Periodic updates that would consider potential redevelopment activities or other roadway
alterations; and
Regular practice drills (e.g., one per year) for implementation of the Evacuation Plan.
— Mitigation Measure HAZ-5. The FRSP shall designate fire access routes in at least two
locations from the Project site to the Irish Hills Natural Reserve on at least 12-foot wide
paths, one extending from Villaggio and one from Madonna Froom Ranch. Fire access routes
shall be designed to allow emergency response to wildland area in the Irish Hills to support
direct access for firefighting personnel and equipment.
b. Finding: The City finds that implementation of mitigation, required discretionary approval and
environmental review for individual projects, and applicability of local, state, and federal
regulations would feasibly reduce impacts of the Project with regard to release or risk of upset
from hazards and airport safety related risks such that cumulative impacts would be less than
significant. However, required mitigation would not fully eliminate or reduce risks associated
with development of commercial and residential uses directly adjacent to high fire hazard areas.
Given the high potential for wildfire near the City, the potential for cumulative development to
exacerbate wildfire hazards is significant and unavoidable.
E. LAND USE AND PLANNING
1. Impact LU-1: The Project would allow urban development above the 150-foot elevation within
Madonna Froom Ranch and would relocate portions of the Froom Ranch Dairy Complex, which
would potentially conflict with City General Plan policies adopted for the purpose of avoiding
impacts to visual, cultural resources, and wildfire hazards. The Project site is highly visible to trail
users in the Irish Hills Natural Reserve trail system where sweeping views across the Project site are
available, particularly overlooking the southwest portion of the site and the western edge of Madonna
Froom Ranch above 150 feet in elevation. Development of the Project would potentially conflict with
General Plan Conservation and Open Space Element Policy 9.2.1, Views to and from public places,
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
123
designed to protect public views, including those from such places as the heavily used trail network in
the Irish Hills Natural Reserve and the Froom Creek trailhead. In addition, City LUE Policy 6.4.7,
Hillside Planning Areas, was intended in part to protect sensitive hillside views by prohibiting
development above the 150-foot elevation in the Project vicinity. With regard to cultural resources,
while four individually eligible structures (i.e., the Main Residence, Creamery/House, Dairy (Round-
Nose) Barn, and Granary) would be relocated, restored, and repurposed to maintain their historic
integrity, the Project would result in the demolition and permanent loss of three structures identified
as contributing to the Froom Ranch Dairy Complex historic district (i.e., the Shed, Bunkhouse, and
Old Barn). This loss would be potentially inconsistent with City policy. Lastly, development of the
Project would locate residential uses at the wildland-urban interface at the base of the Froom Creek
watershed where potential fire risks are considered moderate to high. The Project proposes three
emergency access routes that in the event of fire or other emergency would provide adequate
ingress/egress for evacuating civilians and emergency response personnel to the Project site; however,
security fencing, retaining walls, and closely spaced residential units in Villaggio would limit access
for firefighters to attack fires threatening residential units adjacent to the Irish Hills Natural Preserve
and secondary impacts to the Irish Hills would continue to occur from offsite fuel management. The
proposed land use plan of the Project would avoid development of the most sensitive biological areas
of the site, particularly those areas above the 150-foot elevation line in Villaggio, and would not
result in major conflicts with City policies adopted for the protection of sensitive biological resources
(Refer to Impact LU-1, beginning on page 3.9-63, and the Land Use and Planning Section, beginning
on page 5-76, and page 5-63 of the Final EIR).
a. Mitigation: The following mitigation measures are required to reduce Project construction and
operational impacts to cultural resources and from wildfire hazards as they relate to consistency
with City policies to the maximum extent feasible. MM CR-13 has been edited to require design
guidelines and a review process for new construction proximate to all historic structures (not just
the Main Residence), since the Project proposes multi-family development adjacent to all four
relocated historic structures (not just the Main Residence). This more stringent mitigation measure
will ensure potential indirect impacts to historical resources are minimized to the greatest extent
feasible. MM TRANS-20 and MM TRANS-21 have been edited to remove inference to
development in the Upper Terrace of Villaggio, as this component is no longer proposed in the
FRSP. MM TRANS-20 and MM TRANS-21 would continue to apply to all other portions of the
Project site.
— Mitigation Measure CR-9. The Applicant shall retain a qualified professional historic
architect meeting the Secretary of the Interior’s Professional Qualifications Standards (36
CFR Part 61) to review and comment on design and construction drawings and monitor
construction to ensure conformance with the Secretary of the Interior’s Standards. The role of
the historic architect shall include collaboration on a range of items relating to materials
selection, construction methods, design of exterior and interior alterations, and monitoring of
construction activities. The historic architect and Applicant shall resolve any unforeseen
circumstance in a manner that conforms with the Secretary of the Interior’s Standards. The
qualified professional historic architect shall work with the Applicant team to ensure:
f. Deteriorated historic features would be repaired to the greatest extent feasible. Where
features are deteriorated beyond repair, they would be replaced to exactly match the old.
g. All character-defining features are retained.
h. Physical treatments to historic material would use the gentlest means possible and would
not damage material.
i. Reconstruction would be clearly identified as a contemporary re-creation.
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
124
j. Interpretative signage would clearly provide information regarding the history of the
buildings and their reconstruction.
Artifacts, features, and other materials recovered through this process shall be described,
illustrated, and analyzed fully in a technical report of findings; the analysis shall include
comparative research with other sites of similar age. In addition to the technical report, the
findings from this research shall be published in an appropriate scientific journal. The
Applicant shall fund all technical reporting and subsequent publication.
— Mitigation Measure CR-10. The Applicant shall retain a qualified professional photographer
to prepare Historic American Building Survey (HABS) Level II documentation and
investigate additional applicable surveys (e.g. oral histories, LIDAR, and/or
photogrammetry). This documentation shall record the existing appearance of all seven
contributing buildings in large and medium format HABS photographs. HABS Level II
documentation shall pertain to the entire Froom Ranch Dairy complex so that functional
relationships between the buildings can be documented. All documentation components shall
be completed in accordance with the Guidelines for Architectural and Engineering
Documentation (HABS standards). The photographs shall consist primarily of large format,
4-inch by 5-inch, black and white negatives (one set), contact prints (one set) and 8-inch by
10-inch prints (two sets), archivally processed and printed on fiber-based paper. The set of
original negatives shall be made at the time the photographs are taken. The original,
archivally-sound negatives and prints shall be and distributed as follows: (1) the Library of
Congress in Washington, DC through the National Park Service (one set of negatives and
contact prints).
— Mitigation Measure CR-11. The Applicant shall work with the City to develop an
interpretive project that documents the potential historic district and its cultural and
architectural heritage by means of a pamphlet and/or additional means (e.g., signage,
interpretive plan, mobile-friendly content), subject to approval by the City. This interpretive
project will highlight the former Froom Ranch Dairy, both primary and secondary
contributors, in a social (Froom family) and industrial (dairy industry) context, with an
emphasis on how these buildings were used on the dairy farm, and how this property relates
to the larger dairy farm context in San Luis Obispo, the Central Coast, and California. Five
hundred copies of the pamphlet shall be published. These professionally researched, written
and printed materials shall be offered at no cost through the local museums and heritage
organizations, and at the trailhead park. After the initial distribution of printed brochures,
digital copies shall be available. Throughout the park, interpretive signs that provide
information on building history and function (extant and demolished) shall also be
incorporated.
— Mitigation Measure CR-12. The Applicant shall reuse original material to the greatest extent
feasible in the proposed work on the contributing structures to be relocated and/or
reconstructed within the proposed public park (main residence, dairy barn, creamery/house,
and granary). The Applicant and historic architect shall work with the City to prepare a
marketing plan to offer to the public any salvaged historic materials not used during
rehabilitation and reconstruction of the primary contributors, and demolition of the secondary
contributors. As appropriate, unused or unretained historic materials will be offered to local
historical societies and museums, then offered to architectural recycling before being
disposed.
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
125
— Mitigation Measure CR-13. The Applicant and historic architect shall prepare design
guidelines and a review process for new construction proximate to historic structuresthe main
residence. New construction shall be undertaken in such a manner that the essential form and
integrity of relocated historic structures the main residence and their its setting would be
unimpaired. The design guidelines and review by City Community Development Director
shall ensure new construction is compatible with historic structures main residence in
material, features, size, scale and proportion, and massing.
— Mitigation Measure CR-14. Prior to commencement of Phase 1 construction, a City-
approved qualified structural engineer and historical architect shall survey the existing
foundations and other structural aspects of the main residence, creamery, dairy barn, and
granary, and develop a preservation plan to protect the historic buildings from potential
damage during construction activities.
The qualified structural engineer shall identify any necessary temporary structural bracing for
the historic structures to avoid damage to these resources during the duration of construction.
The qualified structural engineer shall prepare a temporary historic structure stabilization plan
identifying these techniques as necessary.
— Mitigation Measure HAZ-2. In accordance with PRC Section 4291, the Applicant shall hire a
City-qualified team that consists of appropriate specialists (i.e., fire management
professionals, biologists) to prepare a Community Fire Protection Plan to design the creation
and maintenance of required fire buffers and fuel management zones around developable
areas and detail methods for achieving fire safety around new buildings while preserving the
integrity and function of affected native plant communities to the maximum extent feasible,
and that ensures that consistent fire fuel management practices are applied throughout the
City. The Plan shall incorporate management strategies in coordination with adjacent
property owners, including Mountainbrook Church and the Irish Hills Natural Reserve. The
Plan shall outline the removal and control of invasive, non-native vegetation, and
conservation of sensitive habitats and rare species, while developing fire fuel management
practices that will discourage or prevent non-native grasses and other non-native invasive
species from dominating surrounding areas. Landscaping shall be maintained by the
Applicant and periodically inspected by the SLOFD during fire inspections in each of the fuel
management zones to avoid the buildup of deadwood and leaf litter, which, if left to
accumulate, would reduce the mitigating effect of the Plan. Specifically, the Plan shall
include, but not be limited to, the following elements:
Vegetation coverage and type;
Setbacks between structures, sensitive wildlife species, and access routes;
Development plan landscaping and planting standards within the setback areas;
Native trees and shrubs, such as coast live oak, coastal scrub, and grassland shall be thinned
and limbed up but left in place;
All allowable weed abatement techniques, qualifications, and requirements for weed
abatement contractors, as well as measures and techniques that ensure the required fuel
management and vegetation clearance, shall be designed and implemented to provide
adequate structure protection and avoid degradation of sensitive biological habitat; and
Invasive species shall be removed and controlled.
— Mitigation Measure HAZ-3. The FRSP shall designate smoking areas, located away from
onsite fire hazards areas and within acceptable locations consistent with Chapter 8.16,
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
126
Smoking Prohibition and Secondhand Smoke Control, of the City Municipal Code.
Otherwise, smoking shall be prohibited onsite. The Applicant shall amend the FRSP to
include policies to requiring the allowed use of fire resistant landscaping and hardscaping in
areas to reduce mulch/gorilla hair, which is the receptive embers, if determined appropriate
by SLOFD.
— Mitigation Measure HAZ-4. The Applicant shall prepare and implement an Evacuation Plan,
which shall address both Villaggio and Madonna Froom Ranch areas. The Evacuation Plan
shall be subject to review by the City and SLOFD, and shall include, but not be limited to:
Accommodation for assisted living and special care individuals;
Shelter-in-place accommodations;
Specified quantity and capacity of vehicles required to accommodate residents and
employees of Villaggio, and maintenance of those vehicles;
Signage that clearly indicates evacuation routes and meeting areas;
Specified egress points for transportation vehicles;
A relocation plan from the Project site to a secondary facility, with associated
transportation;
Contingency plans for changes to the construction schedule or phasing plan that would
affect the primary evacuation plan and routes;
Periodic updates that would consider potential redevelopment activities or other roadway
alterations; and
Regular practice drills (e.g., one per year) for implementation of the Evacuation Plan.
— Mitigation Measure HAZ-5. The FRSP shall designate fire access routes in at least two
locations from the Project site to the Irish Hills Natural Reserve on at least 12-foot wide
paths, one extending from Villaggio and one from Madonna Froom Ranch. Fire access routes
shall be designed to allow emergency response to wildland area in the Irish Hills to support
direct access for firefighting personnel and equipment.
— Mitigation Measure TRANS-19. The Project shall design and install include a landscaped
median along LOVR from the terminus of the existing median at northern Project frontage to
Calle Joaquin.
— Mitigation Measure TRANS-20. The Project shall include an emergency access point from
Villaggio’s Lower Area to the Irish Hills Natural Reserve to provide access to the existing
dirt road network to fight fires in Irish Hills, specifically to Neil Havlik Way which connects
to the four utility power line structures at the top of the ridgeline. This access point may be
gated to ensure site security in consultation with SLOFD.
— Mitigation Measure TRANS-21. The Project shall integrate access to the Project site
perimeters for defending the Project site development. Specifically, these measures should
address access to the wildland area immediately abutting the western boundary of Villaggio’s
Lower Area. This measure shall include access from the proposed Local Road “C” to the
Irish Hills, which may include use of space between proposed buildings for firefighting
vehicle access, ramps up proposed retaining walls, and similar vehicle infrastructure to
maintain access to the base of the Irish Hills.
b. Finding: Compared to the Draft FRSP analyzed in the Final EIR, and with implementation of
MM BIO-1 through MM BIO-14, the Project would result in substantially reduced impacts to
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
127
biological resources and would be generally consistent with General Plan policies related to the
protection of biological resources. With avoidance of the Upper Terrace and implementation of
MM HAZ-2 through MM HAZ-5 and MM TRANS-19 through MM TRANS-21, potential land
use impacts would be substantially reduced; however, as noted above (see Impact HAZ-1), the
impact would be significant and unavoidable. Despite other mitigation to reduce impacts related
to aesthetics and cultural resources, implementation of a General Plan Amendment to Hillside
Policy 6.4.7, Hillside Planning Areas, and development and operation of portions of the Project
above the 150-foot elevation would result in substantial impacts associated with inconsistency
with City policy related to the protection of aesthetics and avoidance of wildfire hazards.
Mitigation would also not avoid the significant loss of historic resources associated with the
Froom Ranch Dairy Complex historic district. The City finds that since implementation of
feasible mitigation measures would not fully mitigate potential impacts resulting from
development above the 150-foot elevation and loss of historical resources, mitigation would not
ensure consistency with applicable policies of the City’s General Plan in a manner that would
ensure potential policy conflicts would be less than significant. Impacts related to land use policy
consistency would be significant and unavoidable.
2. Cumulative Land Use and Planning Impacts: The Project is one of many planned and/or proposed
residential and commercial developments in undeveloped open or agricultural lands along edges of
the City, such as the San Luis Ranch Specific Plan and Avila Ranch Development projects.
Construction of the Project would incrementally contribute to the trend of conversion of the southern
end of the City from undeveloped agricultural land and open lands to developed urban uses, with
resultant losses of open space and habitats, increases in impervious surfaces, night lighting, noise, and
traffic that accompany such development. The Project, in combination with planned buildout of the
City’s General Plan and implementation of other pending or approved cumulative development
within the City, would continue to incrementally contribute to the loss of biological and historical
resources and inconsistency with City General Plan policies relating to biological, aesthetic, wildfire,
and historic resources (Refer to Section 3.9.4.4., Cumulative Impacts, beginning on page 3.9-68 of the
Final EIR and Chapter5.0 Alternatives of the Final EIR).
a. Mitigation: The following mitigation measures are required to reduce Project impacts to cumulative
land use and planning impacts to the maximum extent feasible. MM CR-13 has been clarified to
require design guidelines and a review process for new construction proximate to all historic
structures (not just the Main Residence), since the Project proposes multi-family development
adjacent to all four relocated historic structures (not just the Main Residence). This more stringent
mitigation measure will ensure potential indirect impacts to historical resources are minimized to
the greatest extent feasible.MM TRANS-20 and MM TRANS-21 have been edited to remove
inference to development in the Upper Terrace of Villaggio, as this component is no longer
proposed in the FRSP.
— Mitigation Measure CR-9. The Applicant shall retain a qualified professional historic
architect meeting the Secretary of the Interior’s Professional Qualifications Standards (36
CFR Part 61) to review and comment on design and construction drawings and monitor
construction to ensure conformance with the Secretary of the Interior’s Standards. The role of
the historic architect shall include collaboration on a range of items relating to materials
selection, construction methods, design of exterior and interior alterations, and monitoring of
construction activities. The historic architect and Applicant shall resolve any unforeseen
circumstance in a manner that conforms with the Secretary of the Interior’s Standards. The
qualified professional historic architect shall work with the Applicant team to ensure:
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
128
a. Deteriorated historic features would be repaired to the greatest extent feasible. Where
features are deteriorated beyond repair, they would be replaced to exactly match the old.
b. All character-defining features are retained.
c. Physical treatments to historic material would use the gentlest means possible and would
not damage material.
d. Reconstruction would be clearly identified as a contemporary re-creation.
e. Interpretative signage would clearly provide information regarding the history of the
buildings and their reconstruction.
Artifacts, features, and other materials recovered through this process shall be described,
illustrated, and analyzed fully in a technical report of findings; the analysis shall include
comparative research with other sites of similar age. In addition to the technical report, the
findings from this research shall be published in an appropriate scientific journal. The
Applicant shall fund all technical reporting and subsequent publication.
— Mitigation Measure CR-10. The Applicant shall retain a qualified professional photographer
to prepare Historic American Building Survey (HABS) Level II documentation and
investigate additional applicable surveys (e.g. oral histories, LIDAR, and/or
photogrammetry). This documentation shall record the existing appearance of all seven
contributing buildings in large and medium format HABS photographs. HABS Level II
documentation shall pertain to the entire Froom Ranch Dairy complex so that functional
relationships between the buildings can be documented. All documentation components shall
be completed in accordance with the Guidelines for Architectural and Engineering
Documentation (HABS standards). The photographs shall consist primarily of large format,
4-inch by 5-inch, black and white negatives (one set), contact prints (one set) and 8-inch by
10-inch prints (two sets), archivally processed and printed on fiber-based paper. The set of
original negatives shall be made at the time the photographs are taken. The original,
archivally-sound negatives and prints shall be and distributed as follows: (1) the Library of
Congress in Washington, DC through the National Park Service (one set of negatives and
contact prints).
— Mitigation Measure CR-11. The Applicant shall work with the City to develop an
interpretive project that documents the potential historic district and its cultural and
architectural heritage by means of a pamphlet and/or additional means (e.g., signage,
interpretive plan, mobile-friendly content), subject to approval by the City. This interpretive
project will highlight the former Froom Ranch Dairy, both primary and secondary
contributors, in a social (Froom family) and industrial (dairy industry) context, with an
emphasis on how these buildings were used on the dairy farm, and how this property relates
to the larger dairy farm context in San Luis Obispo, the Central Coast, and California. Five
hundred copies of the pamphlet shall be published. These professionally researched, written
and printed materials shall be offered at no cost through the local museums and heritage
organizations, and at the trailhead park. After the initial distribution of printed brochures,
digital copies shall be available. Throughout the park, interpretive signs that provide
information on building history and function (extant and demolished) shall also be
incorporated.
— Mitigation Measure CR-12. The Applicant shall reuse original material to the greatest extent
feasible in the proposed work on the contributing structures to be relocated and/or
reconstructed within the proposed public park (main residence, dairy barn, creamery/house,
and granary). The Applicant and historic architect shall work with the City to prepare a
marketing plan to offer to the public any salvaged historic materials not used during
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
129
rehabilitation and reconstruction of the primary contributors, and demolition of the secondary
contributors. As appropriate, unused or unretained historic materials will be offered to local
historical societies and museums, then offered to architectural recycling before being
disposed.
— Mitigation Measure CR-13. The Applicant and historic architect shall prepare design
guidelines and a review process for new construction proximate to historic structuresthe main
residence. New construction shall be undertaken in such a manner that the essential form and
integrity of relocated historic structures the main residence and their its setting would be
unimpaired. The design guidelines and review by City Community Development Director
shall ensure new construction is compatible with historic structures main residence in
material, features, size, scale and proportion, and massing.
— Mitigation Measure CR-14. Prior to commencement of Phase 1 construction, a City-
approved qualified structural engineer and historical architect shall survey the existing
foundations and other structural aspects of the main residence, creamery, dairy barn, and
granary, and develop a preservation plan to protect the historic buildings from potential
damage during construction activities.
The qualified structural engineer shall identify any necessary temporary structural bracing for
the historic structures to avoid damage to these resources during the duration of construction.
The qualified structural engineer shall prepare a temporary historic structure stabilization plan
identifying these techniques as necessary.
— Mitigation Measure HAZ-2. In accordance with PRC Section 4291, the Applicant shall hire a
City-qualified team that consists of appropriate specialists (i.e., fire management
professionals, biologists) to prepare a Community Fire Protection Plan to design the creation
and maintenance of required fire buffers and fuel management zones around developable
areas and detail methods for achieving fire safety around new buildings while preserving the
integrity and function of affected native plant communities to the maximum extent feasible,
and that ensures that consistent fire fuel management practices are applied throughout the
City. The Plan shall incorporate management strategies in coordination with adjacent
property owners, including Mountainbrook Church and the Irish Hills Natural Reserve. The
Plan shall outline the removal and control of invasive, non-native vegetation, and
conservation of sensitive habitats and rare species, while developing fire fuel management
practices that will discourage or prevent non-native grasses and other non-native invasive
species from dominating surrounding areas. Landscaping shall be maintained by the
Applicant and periodically inspected by the SLOFD during fire inspections in each of the fuel
management zones to avoid the buildup of deadwood and leaf litter, which, if left to
accumulate, would reduce the mitigating effect of the Plan. Specifically, the Plan shall
include, but not be limited to, the following elements:
Vegetation coverage and type;
Setbacks between structures, sensitive wildlife species, and access routes;
Development plan landscaping and planting standards within the setback areas;
Native trees and shrubs, such as coast live oak, coastal scrub, and grassland shall be thinned
and limbed up but left in place;
All allowable weed abatement techniques, qualifications, and requirements for weed
abatement contractors, as well as measures and techniques that ensure the required fuel
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
130
management and vegetation clearance, shall be designed and implemented to provide
adequate structure protection and avoid degradation of sensitive biological habitat; and
Invasive species shall be removed and controlled.
— Mitigation Measure HAZ-3. The FRSP shall designate smoking areas, located away from
onsite fire hazards areas and within acceptable locations consistent with Chapter 8.16,
Smoking Prohibition and Secondhand Smoke Control, of the City Municipal Code.
Otherwise, smoking shall be prohibited onsite. The Applicant shall amend the FRSP to
include policies to requiring the allowed use of fire resistant landscaping and hardscaping in
areas to reduce mulch/gorilla hair, which is the receptive embers, if determined appropriate
by SLOFD.
— Mitigation Measure HAZ-4. The Applicant shall prepare and implement an Evacuation Plan,
which shall address both Villaggio and Madonna Froom Ranch areas. The Evacuation Plan
shall be subject to review by the City and SLOFD, and shall include, but not be limited to:
Accommodation for assisted living and special care individuals;
Shelter-in-place accommodations;
Specified quantity and capacity of vehicles required to accommodate residents and
employees of Villaggio, and maintenance of those vehicles;
Signage that clearly indicates evacuation routes and meeting areas;
Specified egress points for transportation vehicles;
A relocation plan from the Project site to a secondary facility, with associated
transportation;
Contingency plans for changes to the construction schedule or phasing plan that would
affect the primary evacuation plan and routes;
Periodic updates that would consider potential redevelopment activities or other roadway
alterations; and
Regular practice drills (e.g., one per year) for implementation of the Evacuation Plan.
— Mitigation Measure HAZ-5. The FRSP shall designate fire access routes in at least two
locations from the Project site to the Irish Hills Natural Reserve on at least 12-foot wide
paths, one extending from Villaggio and one from Madonna Froom Ranch. Fire access routes
shall be designed to allow emergency response to wildland area in the Irish Hills to support
direct access for firefighting personnel and equipment.
— Mitigation Measure TRANS-19. The Project shall design and install include a landscaped
median along LOVR from the terminus of the existing median at northern Project frontage to
Calle Joaquin.
— Mitigation Measure TRANS-20. The Project shall include an emergency access point from
Villaggio’s Lower Area to the Irish Hills Natural Reserve to provide access to the existing
dirt road network to fight fires in Irish Hills, specifically to Neil Havlik Way which connects
to the four utility power line structures at the top of the ridgeline. This access point may be
gated to ensure site security in consultation with SLOFD.
— Mitigation Measure TRANS-21. The Project shall integrate access to the Project site
perimeters for defending the Project site development. Specifically, these measures should
address access to the wildland area immediately abutting the western boundary of Villaggio’s
Lower Area. This measure shall include access from the proposed Local Road “C” to the
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
131
Irish Hills, which may include use of space between proposed buildings for firefighting
vehicle access, ramps up proposed retaining walls, and similar vehicle infrastructure to
maintain access to the base of the Irish Hills.
b. Finding: Compared to the Draft FRSP analyzed in the Final EIR, and with implementation of
MM BIO-1 through MM BIO-14, the Project would result in substantially reduced impacts to
biological resources and would be generally consistent with General Plan policies related to the
protection of biological resources. With implementation of MM HAZ-2 through MM HAZ-5 and
MM TRANS-19 through MM TRANS-21, potential conflicts with emergency access and
development adjacent to a high fire hazard area would be substantially reduced. Despite other
mitigation to reduce impacts to aesthetics and cultural resources, implementation of a General
Plan Amendment to Hillside Policy 6.4.7, Hillside Planning Areas, and development and
operation of portions of the Project above the 150-foot elevation would result in substantial
impacts associated with inconsistency with City policy related to protection of aesthetics and
avoidance of wildfire hazards. Mitigation would also not avoid the significant loss of historic
resources associated with the Froom Ranch Dairy complex. The City finds that since
implementation of feasible mitigation measures would not fully mitigate potential Project impacts
resulting from development above the 150-foot elevation and loss of historical resources,
mitigation would not ensure consistency with applicable policies of the City’s General Plan in a
manner that would ensure potential policy conflicts would be less than significant. Impacts
related to land use policy consistency would be significant and unavoidable.
F. TRANSPORTATION AND TRAFFIC
1. Impact TRANS-2: Under Existing plus Project conditions, the addition of Project traffic would
exacerbate existing queuing and peak hour traffic for automobiles, and poor levels of service for
pedestrians and bicycle modes of transportation, causing transportation deficiencies in the Project
vicinity (Refer to Impact TRANS-2, beginning on page 3.13-80, and the Transportation and Traffic
Section, beginning on page 5-84 of the Final EIR).
a. Mitigation: The following mitigation measures are required to reduce Project impacts to traffic to
the maximum extent feasible. MM TRANS-5 has been edited to remove inference to the Upper
Terrace of Villaggio, as that component is no longer proposed by the FRSP. The requirements of
MM TRANS-5 would continue to apply to all other portions of the Project site.
— Mitigation Measure AQ-6. The Applicant shall revise the FRSP to include measures
necessary to reduce the Project’s operational, mobile-source emissions, and VMT to the
maximum extent feasible, including, but not limited to the following:
Rideshare and Employee Ridership Programs: The FRSP shall be amended to include
measures for encouraging and incentivizing residents and employees of the proposed
development participate in the San Luis Obispo Regional Rideshare program.
Senior Shuttle Service: Villaggio shall provide clean fuel shuttle services and shall
provide sufficient onsite electric vehicle charging infrastructure to support the services.
Electric vehicle charging infrastructure included to meet requirements for personal
vehicles may not be used to fulfill this requirement.
All Electric Small Vehicles: The FRSP shall require all personal small vehicles (e.g., golf
carts) be 100 percent electric powered.
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
132
Promote Carpools, Vanpools, and Electric Vehicle (EV) Vehicles: Provide dedicated
parking for carpools, vanpools, and high-efficiency vehicles in exceedance of Cal Green
Tier 2 standards.
— Mitigation Measure TRANS-2. The Project Applicant shall design and construct the
extension of the southbound right-turn pocket at the LOVR/U.S. 101 southbound ramps
intersection to provide a storage length of at least 150 feet. In coordination with the
Applicant, the City and Caltrans shall also implement traffic signal coordination between the
LOVR/Calle Joaquin intersection and adjacent U.S. 101 northbound and southbound ramps
and optimize traffic signal timings at these three intersections. In addition, the Applicant shall
also pay a fair share mitigation fee towards the improvements that are required to be
constructed by the San Luis Ranch development at this intersection, which include extension
of the southbound off-ramp through/left-turn pocket to provide a storage length of at least
320 feet. This mitigation measure requires Caltrans approval and coordination.
— Mitigation Measure TRANS-3. The Project Applicant pay a fair share mitigation fee towards
the improvements to be constructed by the Avila Ranch development project, which include
the following: left turn at the South Higuera Street/Vachell Lane intersection, extension of
Buckley Road from Vachell Lane to South Higuera Street, and installation of a traffic signal
at Buckley Road/South Higuera Street intersection.
If the Buckley Road Extension has not been completed prior to the Madonna Froom Ranch
development phase, the Applicant shall be responsible for design and installation of alternate
measures to mitigate the Project’s proportional share of intersection impacts to the
satisfaction of the Public Works Director. Alternative measures may include installation of a
center refuge on S. Higuera to allow two-stage left turns from Vachell, installation of left-turn
restrictions at South Higuera/Vachell if the planned Earthwood Lane street connection
between Vachell and Suburban has been completed, or signalization of the S.
Higuera/Vachell intersection. Mitigation may require County coordination.
If the Buckley Road Extension has not been completed prior to the Madonna Froom Ranch
development phase, the Applicant shall be responsible for design and installation of alternate
measures to mitigate the Project’s proportional share of intersection impacts to the
satisfaction of the Public Works Director. Alternative measures may include installation of a
center refuge on S. Higuera to allow two-stage left turns from Vachell, installation of left-turn
restrictions at South Higuera/Vachell if the planned Earthwood Lane street connection
between Vachell and Suburban has been completed, or signalization of the S.
Higuera/Vachell intersection. Mitigation may require County coordination.
— Mitigation Measure TRANS-4. The Project Applicant shall pay a fair share mitigation fee
towards improvements to be constructed by the Avila Ranch development, which include
restriping of the westbound approach of the South Higuera Street/Suburban Road intersection
to extend the left- and right-turn pocket storage to 250 feet. If planned improvements have
not yet been completed prior to issuance of building permits for the Madonna Froom Ranch
development, the Applicant shall be responsible for installation of the striping improvements.
— Mitigation Measure TRANS-5. The Project Applicant shall pay a fair share mitigation fee
towards bicycle improvements at South Higuera/Tank Farm to be constructed by the Avila
Ranch development, which include extending the westbound bike lane on Tank Farm Road to
the South Higuera Street/Tank Farm Road intersection and installation of a bike box (with
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
133
loop detection) to facilitate bicycle left-turn movements. Fair share contribution is satisfied
through participation in the Citywide Transportation Impact Fee program.
If the planned bicycle improvements have not yet been completed prior to development of the
Villaggio Lower Area, the Applicant shall be responsible for design and installation of the
bicycle improvements.
— Mitigation Measure TRANS-6a. The Project Applicant shall pay fair share mitigation fees
towards intersection improvements to be constructed by the Avila Ranch development, which
include installation of a second southbound left-turn lane at the South Higuera Street/Tank
Farm Road intersection. Fair share contributions are satisfied through participation in the
Citywide Transportation Impact Fee program.
If installation of dual southbound left-turn lanes has not been completed prior to Madonna
Froom Ranch development phase, the Applicant shall coordinate with the City to retime the
traffic signal at South Higuera/Tank Farm to mitigate the Project’s proportional contribution
to queueing impacts.
— Mitigation Measure TRANS-6b. The Project Applicant shall pay fair share costs for
construction of the Prado Road Overpass/Interchange project. Fair share contributions are
satisfied through participation in the Citywide Transportation Impact Fee program.
— Mitigation Measure TRANS-7. The Project Applicant shall pay a fair share mitigation fee
towards the intersection improvements to be constructed by the City at the South
Higuera/Prado intersection, which includes installation of a second northbound left-turn lane,
a second southbound left-turn lane, a second eastbound through lane, bicycle protected
intersection features, traffic signal modifications, and widening of the adjacent Prado Road
Creek Bridge west of South Higuera. Fair share contributions for both improvements are
satisfied through participation in the Citywide Transportation Impact Fee program.
— Mitigation Measure TRANS-8. The Project Applicant shall design and install Class IV
bikeways (protected bike lanes) along LOVR to provide a physical buffer between the
sidewalk and vehicular traffic lanes. Improvement extents shall occur in the northbound
direction between Laguna Lane and Diablo Drive, and in the southbound direction between
Diablo Drive and Madonna Road. Some gaps in physical separation may remain due to right-
of-way limitations or other design constraints.
— Mitigation Measure TRANS-9. The Project Applicant shall design and install ADA-
compliant curb, gutter and sidewalk along the west side of LOVR to complete the sidewalk
connection between the Irish Hills Plaza and Calle Joaquin. The Project Applicant shall also
design and install Class IV bikeways (protected bike lanes) along LOVR to provide a
physical buffer between the sidewalk and vehicular traffic lanes in the northbound and
southbound directions between Madonna Road and South Higuera Street. This mitigation
measure requires Caltrans approval and coordination for improvements near the LOVR/U.S.
101 interchange. If Class IV bikeways are not approved for segments within Caltrans right-
of-way, or are deemed infeasible for short segments due to other geometric constraints,
alternative treatments to improve pedestrian levels of service may be approved to the
satisfaction of the Public Works Director. Potential alternative treatments include installation
of striped bike lane buffers, street trees or other features that further buffer pedestrians from
street traffic.
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
134
— Mitigation Measure TRANS-10. The Project Applicant shall pay fair share mitigation fees
towards Madonna Road improvements to be constructed by the San Luis Ranch development,
which include installation of a Class I Multi-Use Path parallel to Madonna Road between
Oceanaire Drive and the U.S. 101 southbound ramps intersection. This project is in
construction currently. Fair share contributions are satisfied through participation in the
Citywide Transportation Impact Fee program.
— Mitigation Measure TRANS-11. The Project is responsible for incorporating traffic calming
measures (e.g., speed humps, bulb-outs, chicanes, etc.). into the design of Local Road “A”
prior to development of Villaggio’s Lower Area. Traffic calming measures shall be designed
to the satisfaction of the City Public Works and Fire Departments.
b. Finding: The City finds that ten of the identified Existing plus Project impacts would be reduced
to a less than significant level through implementation of mitigation, while impacts to the South
Higuera Street/Tank Farm Road intersection would be significant and unavoidable. With
implementation of MM TRANS-2 through -6a and MM TRANS-7 through -11, impacts under
Existing plus Project conditions would be reduced to a less than significant level with mitigation.
Similarly, implementation of MM AQ-6, requiring the Applicant for the Villaggio Life
Community Plan to provide shuttle services for residents of Villaggio would address the demands
of the proposed senior resident population on transit facilities and reduce impacts to a less than
significant level with mitigation. However, implementation of MM TRANS-6b requires the
completion of the Prado Road Overpass/Interchange project, which cannot be ensured by this
Project. Therefore, if Prado Road Overpass/Interchange project is not in place by Project
occupancy, impacts would be significant and unavoidable.
Roadway widening for pedestrian or bicycle circulation infrastructure along LOVR, as required
per MM TRANS-8 and TRANS-9, may result in secondary impacts on biological resources. The
design of the proposed improvements would result in an estimated 19,300 sf of additional
pavement area extending into the Project site, resulting in an estimated 18,425 sf of disturbance to
the wetlands and riparian habitat located within the existing LOVR ditch and Calle Joaquin
wetlands. Based on the total area of disturbance associated with widening of LOVR to
accommodate this improvement, the secondary impact to sensitive riparian and wetland habitat is
estimated to be up to 25,000 sf (0.57 acre). Implementation of MM BIO-5 requiring mitigation of
direct impacts to wetlands at a 3:1 ratio would reduce the significance of this secondary impact to
less than significant with mitigation (see Impact BIO-3).
2. Impact TRANS-3. Under Near-Term plus Project (Scenario 2) conditions, the addition of Project
traffic would exacerbate existing queuing and peak hour traffic for automobiles and poor levels of
service for pedestrians and bike modes of transportation, causing transportation deficiencies in the
Project vicinity (Refer to Impact TRANS-3, beginning on page 3.13-102, and the Transportation and
Traffic Section, beginning on page 5-84 of the Final EIR).
a. Mitigation: The following mitigation measures are required to reduce Project impacts to the
maximum extent feasible. MM TRANS-5 has been edited to remove inference to the Upper Terrace
of Villaggio, as that component is no longer proposed by the FRSP. The requirements of MM
TRANS-5 would continue to apply to all other portions of the Project site.
— Mitigation Measure TRANS-2. The Project Applicant shall design and construct the
extension of the southbound right-turn pocket at the LOVR/U.S. 101 southbound ramps
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
135
intersection to provide a storage length of at least 150 feet. In coordination with the
Applicant, the City and Caltrans shall also implement traffic signal coordination between the
LOVR/Calle Joaquin intersection and adjacent U.S. 101 northbound and southbound ramps
and optimize traffic signal timings at these three intersections. In addition, the Applicant shall
also pay a fair share mitigation fee towards the improvements that are required to be
constructed by the San Luis Ranch development at this intersection, which include extension
of the southbound off-ramp through/left-turn pocket to provide a storage length of at least
320 feet. This mitigation measure requires Caltrans approval and coordination.
— Mitigation Measure TRANS-5. The Project Applicant shall pay a fair share mitigation fee
towards bicycle improvements at South Higuera/Tank Farm to be constructed by the Avila
Ranch development, which include extending the westbound bike lane on Tank Farm Road to
the South Higuera Street/Tank Farm Road intersection and installation of a bike box (with
loop detection) to facilitate bicycle left-turn movements. Fair share contribution is satisfied
through participation in the Citywide Transportation Impact Fee program.
If the planned bicycle improvements have not yet been completed prior to development of the
Villaggio Lower Area, the Applicant shall be responsible for design and installation of the
bicycle improvements.
— Mitigation Measure TRANS-6a. The Project Applicant shall pay fair share mitigation fees
towards intersection improvements to be constructed by the Avila Ranch development, which
include installation of a second southbound left-turn lane at the South Higuera Street/Tank
Farm Road intersection. Fair share contributions are satisfied through participation in the
Citywide Transportation Impact Fee program.
If installation of dual southbound left-turn lanes has not been completed prior to Madonna
Froom Ranch development phase, the Applicant shall coordinate with the City to retime the
traffic signal at South Higuera/Tank Farm to mitigate the Project’s proportional contribution
to queueing impacts.
— Mitigation Measure TRANS-6b. The Project Applicant shall pay fair share costs for
construction of the Prado Road Overpass/Interchange project. Fair share contributions are
satisfied through participation in the Citywide Transportation Impact Fee program.
— Mitigation Measure TRANS-7. The Project Applicant shall pay a fair share mitigation fee
towards the intersection improvements to be constructed by the City at the South
Higuera/Prado intersection, which includes installation of a second northbound left-turn lane,
a second southbound left-turn lane, a second eastbound through lane, bicycle protected
intersection features, traffic signal modifications, and widening of the adjacent Prado Road
Creek Bridge west of South Higuera. Fair share contributions for both improvements are
satisfied through participation in the Citywide Transportation Impact Fee program.
— Mitigation Measure TRANS-8. The Project Applicant shall design and install Class IV
bikeways (protected bike lanes) along LOVR to provide a physical buffer between the
sidewalk and vehicular traffic lanes. Improvement extents shall occur in the northbound
direction between Laguna Lane and Diablo Drive, and in the southbound direction between
Diablo Drive and Madonna Road. Some gaps in physical separation may remain due to right-
of-way limitations or other design constraints.
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
136
— Mitigation Measure TRANS-9. The Project Applicant shall design and install ADA-
compliant curb, gutter and sidewalk along the west side of LOVR to complete the sidewalk
connection between the Irish Hills Plaza and Calle Joaquin. The Project Applicant shall also
design and install Class IV bikeways (protected bike lanes) along LOVR to provide a
physical buffer between the sidewalk and vehicular traffic lanes in the northbound and
southbound directions between Madonna Road and South Higuera Street. This mitigation
measure requires Caltrans approval and coordination for improvements near the LOVR/U.S.
101 interchange. If Class IV bikeways are not approved for segments within Caltrans right-
of-way, or are deemed infeasible for short segments due to other geometric constraints,
alternative treatments to improve pedestrian levels of service may be approved to the
satisfaction of the Public Works Director. Potential alternative treatments include installation
of striped bike lane buffers, street trees or other features that further buffer pedestrians from
street traffic.
— Mitigation Measure TRANS-12. In coordination with the County, the Project Applicant shall
pay a fair share mitigation fee for costs to construct the following future improvements at the
LOVR/Foothill Boulevard intersection: widen northbound approach to provide one left-turn,
two through, and one right-turn lane; widen westbound approach to provide one left-turn
lane, one shared through/right-turn lane, and one right-turn lane. Additional improvements
include roadway striping and traffic signal modifications needed to accommodate new lane
configurations. This mitigation measure requires County approval and coordination.
— Mitigation Measure TRANS-13. In coordination with the Applicant, the City shall retime the
traffic signal at LOVR/Madonna to implement Lead Pedestrian Intervals for each pedestrian
crossing phase.
— Mitigation Measure TRANS-14. In coordination with the City, the Project Applicant shall
fund any costs required to implement Lead Pedestrian Intervals for each pedestrian crossing
phase at the South Higuera Street/Tank Farm Road intersection.
— Mitigation Measure TRANS-15. The Project Applicant shall pay fair share mitigation fees
towards extension of the northbound right-turn pocket storage at the South Higuera/Tank
Farm Road intersection to 230 feet. Improvements are to be constructed by the San Luis
Ranch Development or as a City-led capital improvement project. Fair share contributions are
satisfied through participation in the Citywide Transportation Impact Fee program.
— Mitigation Measure TRANS-16. In coordination with the City and Caltrans, the Project
Applicant shall fund costs required to optimize traffic signal timings along the LOVR
corridor between Descanso Street and the South Higuera to improve traffic coordination and
operations along this roadway segment. These intersections include LOVR/Descanso,
LOVR/Royal, LOVR/Laguna, LOVR/Madonna, LOVR/Froom Ranch, LOVR/Auto Park,
LOVR/Calle Joaquin, LOVR/U.S. 101 southbound ramps, LOVR/U.S. 101 northbound
ramps and LOVR/S. Higuera. This requires coordination with Caltrans.
— Mitigation Measure TRANS-17. The Project Applicant shall pay a fair share mitigation fee
to fund restriping modifications at the LOVR/Madonna Road intersection to increase
southbound turn pocket storage to 365 feet.
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— Mitigation Measure TRANS-18. The Project Applicant shall pay a fair share mitigation fee
to fund modifications to the traffic signal at the Madonna Road/Dalidio Drive intersection to
provide an eastbound right-turn overlap phase concurrent with the northbound left-turn phase.
b. Findings: The City finds that eight of the identified impacts would be reduced to a less than
significant level with implementation of mitigation, while seven impacts would be significant and
unavoidable. With implementation of MM TRANS-2, -5, -8, -9, -13, and -14 through -18,
impacts under Near-Term plus Project conditions would be reduced to a less than significant level
with mitigation. However, MM TRANS-12 involves improvement of an intersection that is
within County jurisdiction. Implementation of these improvements would be outside of the City’s
control and cannot be ensured. If these improvements could not be agreed to with the County or
could not be implemented, impacts would be significant and unavoidable.
Similarly, implementation of MM TRANS-6b requires the completion of the Prado Road
Overpass/Interchange project, which cannot be ensured prior to occupancy of this Project. While
MM TRANS-2, -6a, -13, and -15 would mitigate Project-related impacts to the maximum extent
feasible, seven impacts if the Prado Road Overpass/Interchange is not in place by Project
occupancy under Near-Term plus Project conditions, impacts would be significant and
unavoidable.
SECTION 8. FINDINGS FOR ALTERNATIVES TO THE PROPOSED
PPROJECT
A. INTRODUCTION
As identified in Section 7 of this document, the proposed Project will cause the following significant and
unavoidable environmental impacts to occur:
• Impact VIS-2: Impacts to existing visual character
• Cumulative Aesthetic and Visual Resource Impacts: Cumulative impacts to existing visual
character
• Impact AQ-2: Exceedance of APCD operational-emissions thresholds
• Impact AQ-4: Inconsistency with state and local goals for reducing GHG emissions
• Impact AQ-5: Inconsistency with the 2001 Clean Air Plan
• Cumulative Air Quality Impacts: Cumulative impacts from operational emissions, inconsistencies
with state and local goals for reducing GHG emissions, and inconsistencies with the 2001 Clean
Air Plan from buildout of the LUCE
• Cumulative Biological Resource Impacts: Cumulative impacts from conversion of agricultural
and open lands to developed urban uses, resulting in losses of open space and habitats supporting
sensitive and/or special-status species, and loss of wildlife corridors
• Impact CR-3: Loss of three contributing structures to the Froom Ranch Dairy historic district
• Cumulative Cultural and Tribal Cultural Resources Impacts: Cumulative loss of known
archaeological resources and historic structures
• Impact HAZ-1: Exacerbation of wildfire risks by developing residential uses adjacent to a Very
High Fire Hazard Severity Zone
• Cumulative Hazards, Hazardous Materials, and Wildfire Impacts: Exacerbation of hazards from
wildfire from cumulative development
• Impact LU-1: Project inconsistency with City plans and policies regarding protection of aesthetic
and scenic quality, cultural resources, and wildfire hazards
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• Cumulative Land Use and Planning Impacts: Project and potential cumulative project
inconsistencies with City plans and policies regarding protection of aesthetic and scenic quality,
cultural resources, and wildfire hazards
• Impact TRANS-2: Exacerbation of queuing and peak hour traffic for automobiles and poor levels
of service for pedestrians and bicycle modes under Existing plus Project conditions
• Impact TRANS-3: Exacerbation of queuing and peak hour traffic for automobiles and poor levels
of service for pedestrians and bicycle modes under Near-Term plus Project conditions
Because the proposed Project will cause significant and unavoidable environmental impacts to occur as
identified above, the City must consider the feasibility of any environmentally superior alternatives to the
Project, as proposed. The City must evaluate whether one or more of these alternatives could substantially
lessen or avoid the unavoidable significant environmental effects.
As such, the environmental superiority and feasibility of each alternative to the Project is considered in
this section. Specifically, this section evaluates the effectiveness of these alternatives in reducing the
significant and unavoidable impacts of the proposed Project.
B. DESCRIPTION OF THE ALTERNATIVES
The Final EIR evaluates the following five alternatives to the Project: the Draft FRSP; a No Project
Alternative; a Clustered Development Below the 150-foot Elevation Alternative (Alternative 1,
Actionable Alternative); a Residential Development Alternative; and a Minimum LUCE-Compliant
Alternative.
1. Draft FRSP. Under the Draft FRSP, which is the basis of the Project Description in the Final EIR,
the FRSP dated July 2017 would be adopted, including General Plan Amendment, Pre-Zoning,
VTTM, annexation of the site to the City, and related actions to permit construction of up to 578
residential units (39.1 acres), 100,000 square feet of commercial development (3.1 acres), 2.9 acres of
public facilities (P-F-SP), and 5.6 acres of other (roads), with 59.0 acres preserved for conservation
and open space (C/OS-SP) uses. Under the Draft FRSP, the Applicant would develop a larger area of
the site and would separate Villaggio into two distinct areas, including a “Lower Area” within the
footprint of the currently proposed Villaggio and an “Upper Terrace” consisting of an approximately
6.1-acre area within the southwest portion of the site above the 150-foot elevation line. Similar to the
Project, the Draft FRSP would include realignment of Froom Creek.
2. No Project Alternative. As required by CEQA, the EIR evaluates the environmental consequences
of not proceeding with the Draft FRSP. This alternative assumes that the FRSP is not adopted, no
development or annexation of the site to the City would occur, and the site would remain designated
for agricultural and commercial uses by the County.
Under the No Project Alternative, the site would continue to be used as grazing land and as a staging
and operations site for the existing construction company. There would be no disturbance to existing
soils or vegetation, except for any ongoing grading permitted by the County, and no new development
would occur on the site. Froom Creek would not be realigned or enhanced and no changes to existing
stormwater conveyance and management systems would occur. The existing wetlands and onsite
stormwater detention basin would remain. All structures associated with the Froom Ranch Dairy
Complex would remain in place, would not be rebuilt or restored, and would continue to be utilized
for construction business operations (offices, equipment storage, etc.). Daily vehicle trips would
remain low/negligible associated with limited employee trips from the existing construction business
onsite.
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
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City of San Luis Obispo September 2020
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3. Alternative 1: Clustered Development Below the 150-foot Elevation Alternative. Alternative 1
served as the basis for the currently proposed Project and would similarly include a major
reconfiguration of the proposed land use plan and redesign of key Draft FRSP elements to cluster
proposed land uses into a smaller development footprint, thereby reducing environmental impacts
identified in the Final EIR. Alternative 1 represents an alternative largely designed by the Project
Applicant with a few key changes to respond to the EIR’s impact analysis for the Draft FRSP.
Alternative 1 would involve the same components of the currently proposed Project, with a few minor
revisions, including alternative design of the proposed trailhead park and evaluate of additional
emergency access roads to Irish Hills Plaza, to LOVR, and through the proposed stormwater
detention basin area between Villaggio and Calle Joaquin. Specifically, Alternative 1 would include
the following features:
1) Consistent with the 2014 General Plan LUE, all new private urban development would occur
below the 150-foot elevation line. All residential land uses under Alternative 1 would be
relocated to areas within the Project site that are below the 150-foot elevation line and all
development within the Upper Terrace would be removed. The only development that would
occur above the 150-foot elevation line would be the proposed public trailhead park containing
four historic structures from within the Froom Ranch Dairy Complex (the three proposed to be
retained by the original Project [Main Residence, Dairy Round-Nose Barn, and Creamery/House]
plus the Granary). This alternative would restrict development to roughly 30 percent of the site;
2) Development would be clustered within the Lower Area of Villaggio and Madonna Froom
Ranch. Overall building density in developed areas of the site would increase to accommodate the
same capacity for development as the Project but within a smaller area. Maximum heights of
some buildings would increase by approximately one story.
a. The Lower Area would remain designated R-3-SP, but development of buildings within the
Lower Area would be reconfigured and some building heights and sizes would increase by
one story, including the Villaggio Commons buildings and the proposed tower.
b. Residential areas within Madonna Froom Ranch would be designated R-4-SP and maximum
residential density would increase to 24 units per acre from 20 units per acre under the
Project;
3) Emergency access would be provided via up to three different connection alternatives: 1) from
the Irish Hills Plaza into Madonna Froom Ranch; 2) from LOVR to the Lower Area of Villaggio;
and 3) from Calle Joaquin to the Lower Area of Villaggio through the proposed stormwater
detention basin area.
4. Alternative 2: Residential Development Project Alternative. Similar to Alternative 1, Alternative
2 would include a major reconfiguration of the proposed land use plan and redesign of key Project
elements, including substantially increased clustering of development within Madonna Froom Ranch
and the Lower Area of Villaggio to reduce environmental impacts identified in the EIR. Alternative 2
would continue to provide a Life Plan Community and new multi-family neighborhood; however,
unlike the Project and Alternative 1, Alternative 2 would eliminate commercial uses on site. Instead,
Alternative 2 would support 178 multi-family residential units (four more than proposed under the
Project or Alternative 1), 404 senior independent living units, 51 beds in residential health care
facilities, and 3.3 acres of public parkland. Four primary features of this alternative are intended to
substantially reduce identified Project impacts:
1) No commercial development (e.g., hotel, retail) would be included in the Madonna-Froom Ranch
portion of this alternative; commercial uses proposed under the Project in Madonna Froom Ranch
would be replaced with R-4-SP High Density Residential Uses. Resident-serving commercial
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
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City of San Luis Obispo September 2020
140
uses would continue to be developed within Villaggio to serve Villaggio residents and would be
similar to those proposed under the Project (e.g., restaurants, theater);
2) Consistent with the General Plan LUE, all development would be confined to areas below the
150-foot elevation, removing all development from the Upper Terrace and restricting new
development to roughly 30 percent of the site within Villaggio’s Lower Area and Madonna
Froom Ranch;
3) Development of buildings within the Lower Area would be reconfigured, and some building
heights and sizes increased to accommodate the same capacity for development as the Project of
404 units, 51 beds in health care units, and more than 160,000 sf of administrative and support
facilities;
4) As with Alternative 1, emergency access would be provided via up to three different connection
alternatives: 1) from Irish Hills Plaza into Madonna Froom Ranch; 2) from LOVR to Villaggio;
and 3) from Calle Joaquin to Villaggio through the proposed stormwater detention basin area on
the Mountain Brook Church easement.
5. Alternative 3: Residential Plus Business Park Land Use Alternative. Alternative 3 would be a
low-build alternative with the most restricted area for development and a major redesign of key
Project elements. Alternative 3 would substantially reduce the development capacity of the Project
site to the minimum development allowed by the General Plan LUE. This alternative would be most
closely aligned with the existing General Plan LUE performance standards and minimum
development policy framework for the Project site with regard to the land use mix and allowable
development levels. Alternative 3 would support 200 multiple family residential units, 50,000 sf of
commercial uses and 3.0 acres of public facilities, but would not support development of a Life Plan
Community. This development would be clustered in already-disturbed areas of the Project site on the
northern side and below the 150-foot elevation line, which would avoid or minimize a range of
environmental impacts identified in the EIR. Alternative 3 would reduce or change Project impacts
through the following features:
1) Residential development would be reduced to 200 units consistent with the minimum
development performance standards of the LUE SP-3, Madonna on LOVR Specific Plan Area,
from 582 units and 51 beds under the Project (an approximately 65.6 percent reduction).
Residential uses would be confined to 10 acres that would be developed under R-3-SP Medium-
High Density zoning at a maximum density of 20 units/acre;
2) Commercial development would be reduced to 50,000 sf consistent with the minimum
development performance standards of the LUE SP-3, a reduction of 50 percent from the Project,
with commercial uses limited to 2.5 acres compared to 3.1 acres under the Project;
3) The Villaggio Life Plan Community would no longer be developed, thereby avoiding a range of
impacts associated with biological and cultural resources (particularly in the Upper Terrace),
hydrology and water quality, and fire hazards but also not maximizing housing production to
address jobs housing balance issues, particularly for senior housing, consistent with City Housing
goals;
4) Froom Creek would not be realigned, thereby avoiding the potential impacts and benefits
associated with this major element of the Project. The existing Irish Hills stormwater detention
basin system would be retained and expanded or modified to accommodate any increases in
runoff under this alternative. Internal drainage and stormwater improvements to slow and
infiltrate runoff into the soil within developed areas would remain similar to the Project;
5) Road improvements, including Commercial Collectors A and B would remain similar to the
Project, along with required widening of LOVR, with associated impacts to riparian and wetland
habitats along LOVR ditch, but no local or private roads would be needed to serve Alternative 3;
6) Consistent with the City’s General Plan, all development would be confined to areas below the
150-foot elevation;
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7) Emergency access would be provided at only two different connections: 1) from the Irish Hills
Plaza into Madonna Froom Ranch; and 2) from LOVR to the southern area of Madonna Froom
Ranch.
C. EFFECTIVENESS OF ALTERNATIVES IN AVOIDING SIGNIFICANT PROJECT
IMPACTS
This section evaluates the effectiveness of the alternatives in reducing the significant and unavoidable
impacts.
1. Significant and Unavoidable Air Quality Impacts. The Project would result in significant and
unavoidable project impacts related to operational emissions, and project and cumulative impacts
related to state and local GHG reduction goals and Clean Air Plan inconsistency. Under the No
Project Alternative, no development would occur, and no additional vehicle trips would be generated;
therefore, air quality impacts would be substantially reduced. Under the Draft FRSP and Alternative
1, construction and operation would result in a similar level of air quality emissions; therefore, air
quality impacts would remain significant and unavoidable. Under Alternative 2, vehicle trip
generation would be slightly reduced due to removal of commercial development from Madonna
Froom Ranch, decreasing potential air quality and GHG emission impacts compared to the Project.
Although residential units would be approximately the same as under the Project, this alternative
would decrease onsite commercial development, substantially reducing vehicle trips and GHGs and
other air pollutant emissions associated with operations of commercial development. Additionally, the
Project would continue to be required to implement mitigation measures to further reduce potential
impacts to air quality. Despite substantial reductions as compared to the Project, impacts to air quality
from implementation of Alternative 2 remain significant due to inability to feasibly predict reductions
in long-term operational (particularly mobile-source) emissions from required mitigation. Under
Alternative 3, impacts to air quality and GHG emissions would be substantially reduced as overall
commercial development would be reduced by half and residential development would be reduced by
378 units as compared to the Project. Alternative 3 would reduce anticipated population increases by
more than half, and corresponding reductions in vehicle trips associated with reductions in residential,
commercial, and senior residential land uses. These reductions in development would also result in a
decrease in emissions generated onsite. Additionally, this alternative would be required to implement
applicable mitigation measures to further reduce potential impacts to air quality. As a result, impacts
to air quality from construction and operation of this alternative are estimated to be lower than SLO
County APCD thresholds and would no longer be considered significant. However, similar to the
determination in the LUCE Update EIR, implementation of the City’s General Plan would not be
consistent with the assumptions contained in the Clean Air Plan. Therefore, specific to consistency
with the Clean Air Plan and potential impacts related to GHG emissions from mobile sources, it is
expected Alternative 3 would result in significant and unavoidable impacts.
2. Significant and Unavoidable Biological Resource Impacts. The Project would result in significant
and unavoidable impacts as a result of direct and indirect loss of protected wetlands and cumulative
loss of biological resources through conversion of agricultural and open lands to developed urban
uses. Under the No Project Alternative, no development would occur, and the site would continue to
support sensitive biological resources; therefore, impacts would be avoided. Under the Draft FRSP,
development of the Upper Terrace would result in substantially greater impacts to biological
resources due to the presence of highly sensitive and unique resources within that area, the mitigation
of which is not considered feasible. Alternative 1 and Alternative 2 would result in similar impacts to
the Project due to a similar development footprint, and significant and unavoidable impacts associated
with cumulative loss of biological resources would remain; however, unlike the Project, mitigation
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
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City of San Luis Obispo September 2020
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for redesign of Villaggio to preserve the integrity of the confluence of Drainages 1, 2, 3, and Froom
Creek would be required (MM BIO-13). Cumulative impacts would remain significant and
unavoidable under Alternatives 1 and 2. Alternative 3 would result in substantially reduced impacts
due to avoidance of development above the 150-foot elevation line and a smaller development
footprint. Reduced development onsite would minimize impacts to sensitive species, drainages, and
onsite wetlands that would occur under the Project, although there is potential for sensitive species to
occur within the development footprint of Alternative 3. Under Alternative 3, impacts would be
reduced to less than significant with implementation of required mitigation.
3. Significant and Unavoidable Cultural and Tribal Cultural Resource Impacts. The Project would
result in significant and unavoidable impacts due to loss of three contributing structures to the Froom
Ranch Dairy Complex historic district. Under the No Project Alternative, the site would not be
redeveloped and identified historic structures would remain in place. While the No Project
Alternative would not involve the physical alteration of any onsite historic structures affecting their
significance or eligibility, these historic resources would not receive the same benefits as under the
Project. Eligible historic structures/resources would not be rehabilitated and preserved, nor would
they be relocated outside the potential active fault zone to more geologically stable locations. Under
the No Project Alternative, these resources would continue to be utilized for storage and construction
business operations, with no specialized maintenance or upkeep. As such, these structures may further
deteriorate and continue to be at risk of failure or collapse. Over time, the deterioration of the
structures may result in a loss of integrity while remaining on site and a loss of the resource value
entirely when deterioration results in removal of the structures. Retention of these structures in their
current place and status would not result in any changes to the eligibility of the resources or the
potential historic district in the short-term, which would less impacts compared to the Project, but in
the long-term, the No Project Alternative would inevitably result in negligence of the buildings and
eventual loss of eligible structures. Therefore, impacts under the No Project Alternative would be
greater than the Project, and would remain significant and unavoidable. Under the Draft FRSP and
Alternatives 1, 2, and 3, onsite historic structures would receive similar treatment as under the
Project. Although mitigation measures would be implemented under all of these alternatives,
relocation of dairy structures and the loss of three contributing structures to the Froom Ranch Dairy
Complex historic district would remain significant and unavoidable.
4. Significant and Unavoidable Hazards, Hazardous Materials, and Wildfire Impacts. The Project
would result in significant and unavoidable impacts associated with the individual and cumulative
exacerbation of wildfire risks. The No Project Alternative would not construct new development and
would avoid exacerbation of wildfire hazards, by both reducing the potential for ignition and keeping
residential land uses out of high fire hazard areas at the urban wildland interface. The Draft FRSP,
Alternative 1, and Alternative 2 all proposed development of residential uses directly adjacent to high
fire risk areas and within the urban-wildland interface. Though Alternatives 1 and 2 would avoid
development above the 150-foot elevation line, where wildfire risks are the greatest, neither of these
alternatives would fully avoid or reduce significant wildfire risks, and impacts would remain
significant and unavoidable. Under Alternative 3, reduction of development areas to already disturbed
portions of the site in the northeast corner would reduce urban-wildland interface by approximately
75 percent, reducing defensible space requirements and increasing the distance between proposed
residential units and wildfires originating from western upland areas with very high fire hazard
potential. However, as under the Project, Alternative 3 would be located in an area highly susceptible
to potential fire hazards, particularly at the base of the Froom Creek watershed where steep slopes and
prevailing winds increase potential for a fire in the Irish Hills to move towards the site, and impacts
would remain significant and unavoidable.
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
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5. Significant and Unavoidable Land Use and Planning Impacts: The Project would result in
significant and unavoidable project-specific and cumulative impacts associated with potential
inconsistencies with City General Plan policies adopted for the purpose of protecting aesthetic and
scenic quality, cultural resources, and reducing or avoiding risks from wildfire hazards. The No
Project Alternative would not result in development of the site but would result in continued
discrepancies between the existing agricultural uses and the General Plan LUE intent for the area to
provide substantial number of residential uses, Neighborhood Commercial or Retail Commercial
uses, and preserved open space; however, the existing use would continue to be consistent with the
County General Plan. This alternative would result in less than significant impacts related to
consistency with General Plan LUE policies as no development would conflict with policies relating
to Froom Creek, development above the 150-foot elevation contour, and development on agricultural
and biologically sensitive lands. However, the City’s housing supply, particularly for senior units,
would not be expanded, and conflicts with Housing Element goals for provision of such housing
could potentially occur. The Draft FRSP would result in greater inconsistency with the General Plan
as a result of development above the 150-foot elevation line and within areas of high biological value,
for which several policies are established for the protection of such resources. Alternative 1, 2, and 3
would result in similar impacts to the Project due to proposed similar land use plans and continued
inconsistency with policies adopted for the protection or preservation of historic resources and
reduction of wildfire risks.
6. Significant and Unavoidable Transportation Impacts. The Project would result in project-level
and cumulative transportation impacts associated with exacerbation of queuing and peak hour traffic
for automobiles and poor levels of service for pedestrians and bicycle modes under both Existing plus
Project and Near-Term plus Project conditions. Under the No Project Alternative, no development
would occur; therefore, the significant and unavoidable transportation impacts would be avoided. The
Draft FRSP and Alternative 1 would implement the same mitigation measures identified for the
Project, but would result the same impacts due to a similar number of trips and demand for multi-
modal facilities generated by proposed development. Alternative 2 would generate slightly fewer trips
and VMT due to the lack of proposed commercial development; however, trip generation and demand
for multi-modal facilities and associated impacts would be similar to the Project. Alternative 3 would
have substantially reduced impacts to transportation as compared to the Project, as the development
footprint would be considerably minimized, and trips would be reduced. This alternative would
reduce residential units by 65 percent and commercial square footage by 50 percent compared to the
Project. This large reduction in development footprint would be significantly lower anticipated
addition of trips to internal and area roadways and demand for multi-modal facilities. Therefore,
impacts under Alternative 3 would be considered less than significant.
D. ENVIRONMENTALLY SUPERIOR ALTERNATIVE AND FEASIBILITY OF
PROJECT ALTERNATIVES
1. Finding: The Draft FRSP, which comprised Section 2.0, Project Description of the Final EIR, would
result in greater physical environmental impacts and inconsistency with City policies when compared
to the Project. The Draft FRSP would result in a greater development footprint compared to the
Project due to development of the Upper Terrace above the 150-foot elevation line, resulting in a
greater amount of grading and associated construction emissions, impacts to biological resources, and
more adverse changes in views from the Irish Hills Natural Reserve. The originally proposed Draft
FRSP would not reduce or avoid any of the significant and unavoidable impacts of the Project;
however, the Draft FRSP would meet all the Project objectives. As a result, the City finds that the
Draft FRSP is feasible, and would satisfy all the Project objectives, but would result in greater
environmental impacts.
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2. Finding: The No Project Alternative is environmentally superior overall, since no development
would occur within the City’s jurisdiction. However, the No Project Alternative fails to meet the
City’s objectives for the Project area as well as any of the Project objectives. As a result, the City
finds that the No Project Alternative would be infeasible to implement.
3. Finding: Alternative 1 would result in similar physical environmental impacts when compared to the
Project. With a similar degree of residential and commercial development and development footprint,
this alternative would result in similar significant and unavoidable impacts associated with
operational air quality emissions, consistency with state and local GHG reduction goals, consistency
with the 2001 Clean Air Plan, cumulative loss of sensitive biological resources, loss of historic
structures contributing to a historic district, exacerbation of wildfire risks, inconsistency with City
plans and policies, and transportation and traffic. Alternative 1 would meet all of the Project
objectives. As a result, the City finds that Alternative 1 is feasible, and would satisfy all of the Project
objectives, but would not reduce significant environmental impacts compared to the Project.
4. Finding: Alternative 2 would result in similar physical environmental impacts when compared to the
Project. With a similar degree of residential and commercial development and development footprint,
this alternative would result in similar significant and unavoidable impacts associated with
operational air quality emissions, consistency with state and local GHG reduction goals, consistency
with the 2001 Clean Air Plan, cumulative loss of sensitive biological resources, loss of historic
structures contributing to a historic district, exacerbation of wildfire risks, inconsistency with City
plans and policies, and transportation and traffic. Alternative 2 does not proposed development of
commercial uses and would therefore not meet Project objectives for developing a mix of uses and
providing commercial retail uses that compliment residential uses. As a result, the City finds that
Alternative 2 is feasible, but would not satisfy all of the Project objectives and would not reduce
significant environmental impacts compared to the Project.
5. Finding: Alternative 3 would result in less physical environmental impacts when compared to the
Project. This alternative would result in a substantial reduction in the development capacity of the
Project, compliant with the minimum development standards for the Project site identified in the
City’s LUE. This alternative would result in less environmental impacts associated with development
of the site compared to the Project, such as operational air emissions, biological resources, and
transportation and traffic; however, Alternative 3 would continue to result in significant and
unavoidable impacts associated with consistency with state and local GHG reduction goals,
consistency with the 2001 Clean Air Plan, loss of historic structures contributing to a historic district,
exacerbation of wildfire risks, and inconsistency with City plans and policies. Under Alternative 3,
residential units would decrease by 378 units (65 percent) and commercial development area would
decrease by 50,000 square feet (50 percent). Additionally, senior housing units would not be provided
within a Life Plan Community. Froom Creek would not be realigned under Alternative 3, reducing
potential impacts to noise and other affected resources; however, lack of realignment of the creek
would not support restoration or improvement of the creek corridor to provide improved steelhead
habitat or alleviate flood capacity constraints downstream at U.S. 101. As such, Alternative 3 would
fail to meet the objectives of the Project related to these aspects. As a result, the City finds that
Alternative 3 is feasible, would reduce some, but not all, significant environmental impacts compared
to the Project, and would not satisfy all of the Project objectives.
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
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City of San Luis Obispo September 2020
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SECTION 9. STATEMENT OF OVERRIDING CONSIDERATIONS
A. INTRODUCTION
The Final EIR for the FRSP identifies the following significant and unavoidable impacts of the Project:
1. The Project would result in change the existing visual character of the site from a rural setting to a
commercial and residential area, particularly as viewed from the Irish Hills Natural Reserve trail
system, including the Froom Creek trail and the Froom Creek Connector trail, as a result of
development above the 150-foot elevation line.
2. The Project, in conjunction with other cumulative development occurring within the City and
urban reserve line (URL) on or adjacent to undeveloped lands would adversely affect visual
resources and the natural and open space visual character along the City’s urban-rural fringe and
would contribute toward creating a defined transition from the rural environment towards the
south of the City to an urbanized environment.
3. Operation of the Project would generate ROG and NOx emissions in excess of established SLO
APCD Tier 1 Quarterly thresholds.
4. The Project would be inconsistent with state and local goals for reducing GHG emissions.
5. The Project would be inconsistent with the SLO County APCD 2001 Clean Air Plan because it
would result in an increase in projected population growth that would conflict with overall land
use planning principles contained in the 2001 Clean Air Plan.
6. The Project, along with cumulative development within the City and region, would generate
operational emissions in excess of established SLO County APCD thresholds, conflict with state
and local goals for reducing GHG emissions, and would result in inconsistencies with SLO
County APCD’s 2001 Clean Air Plan as a result of exceedance of projected population growth.
7. The Project, along with cumulative development within the City and region, would result in the
conversion of open space and habitat areas to developed urban uses, resulting in losses of open
space and habitats supporting sensitive and/or special-status species, and loss of wildlife
corridors.
8. The Project would result in the loss of three contributing structures to the Froom Ranch Dairy
complex potential historic district.
9. The Project, along with cumulative development within the City and region, would result in the
potential loss of known archaeological resources and historic structures.
10. The Project would exacerbate wildfire risks by developing residential uses adjacent to a Very
High Fire Hazard Severity Zone at the base of the undeveloped Irish Hills and the Froom Creek
watershed.
11. The Project, along with cumulative development within the City and region, would exacerbate
wildfire hazards.
12. The Project would be potentially inconsistent with City land use plans and policies regarding
protection of aesthetic and scenic quality, cultural resources, and wildfire hazards.
13. The Project, along with cumulative development within the City and region, would be potentially
inconsistent with City plans and policies regarding protection of aesthetic and scenic quality,
cultural resources, and wildfire hazards.
14. The Project would generate new vehicle trips and demand for multi-modal facilities that would
exacerbate queuing and peak hour traffic for automobiles and poor levels of service for
pedestrians and bicycle modes under Existing plus Project conditions.
15. The Project would generate new vehicle trips and demand for multi-modal facilities that would
exacerbate queuing and peak hour traffic for automobiles and poor levels of service for
pedestrians and bicycle modes under Near-Term plus Project conditions.
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
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For a project that would result in significant and unavoidable environmental impacts after consideration
of feasible mitigation measures, CEQA requires that the lead agency balance the benefits of the project
against the unavoidable environmental risks in determining whether to approve the project. If the benefits
of the project outweigh the unavoidable impacts, those impacts may be considered acceptable (CEQA
Guidelines Section 15093[a]). CEQA requires that, before adopting such a project, the lead agency adopt
a Statement of Overriding Considerations setting forth the reasons why the agency finds that the benefits
of the project outweigh the significant environmental effects caused by the project. This statement is
provided below for the Project.
B. REQUIRED FINDINGS
The City has incorporated all feasible mitigation measures into the Project. Although these measures will
lessen the unavoidable impacts listed above, the measures will not fully avoid these impacts.
The City has examined a reasonable range of alternatives to the Project and has determined that the
Project is feasible, environmentally superior, and would satisfy all of the Project objectives to the same or
greater extent as the Draft FRSP, the No Project Alternative, Alternative 1, Alternative 2, and Alternative
3.
Though the Draft FRSP, No Project Alternative, Alternative 1, Alternative 2, and Alternative 3 are
considered feasible, none of the proposed alternatives to the Project would reduce the significant impacts
of the Project while also achieving all of the City’s Project objectives. The Project is therefore considered
to be environmentally superior to the alternatives analyzed in the Final EIR. The Draft FRSP would allow
a greater amount of development and physical environmental effects, resulting in greater impacts to
aesthetics and visual resources, air quality, biological resources, cultural and tribal cultural resources,
hazards, hazardous materials, and wildfire, and land use and planning. However, the Draft FRSP would
achieve the City’s objectives for the Project. Alternative 1 and 2 would result in a similar amount of
development and physical environmental effects, resulting in similar impacts as the Project. Alternative 1
would achieve the City’s objectives for the Project, but Alternative 2 would fail to achieve the City’s
objectives for the Project relating to developing a mix of uses and providing commercial retail uses that
compliment residential uses. Alternative 3 would result in the substantially less development and physical
environmental effects, resulting in less impacts. However, Alternative 3 would fail to meet the City’s
objectives for the Project relating to provision of senior residential housing, realignment of the Froom
Creek channel to support restoration or improvements of steelhead habitat or alleviate flood capacity
constraints downstream at U.S. 101.
In preparing this Statement of Overriding Considerations, the City has balanced the benefits of the
proposed Project against its unavoidable environmental risks. For the reasons specified below, the City
finds that the considerations below outweigh the Project’s unavoidable environmental risks. The City
further finds that each of these findings is individually sufficient to support the approval of the Project. A
determination that one of more of these findings is not supported by substantial evidence shall not affect
the validity of the remaining findings.
1. Provision of Residential and Commercial Uses to Implement the General Plan. The Project will
develop a new multi-family residential neighborhood and senior residential community that fulfills a
portion of the City’s unmet housing needs identified in the Housing Element (refer to FRSP, Table 1-
1 Project Summary and City Housing Element, Appendix B Housing Needs, Tables B-3 Regional
Housing Needs Plan for the County of San Luis Obispo and B-18 Summary of Housing Needs, City
of San Luis Obispo). The Project fulfills the LUE’s requirements for a Specific Plan for the site that
designates sufficient land for residential uses balanced with neighborhood serving commercial uses
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
147
and recreational opportunities to provide for the convenience and enjoyment of area residents,
consistent with City General Plan Land Use Element Policies 1.5, 1.11.2, 2.3.1, 3.3.1, and 8.1.5 (refer
to FRSP, Table 1-1 Project Summary).
2. Provision of a Variety of Housing Types for all Income Levels. The Project will provide a variety
of housing types to meet the needs of renters and buyers with a variety of income-levels, including
multi-family housing and inclusionary affordable housing for residents with moderate and low
income levels, consistent with General Plan Land Use Element Policy 1.11.2 and Housing Element
Policies 2.3 and 2.4 (refer to FRSP, Table 1-1 Project Summary and Section 2.3 Affordable Housing).
3. Open Space and Agricultural Protection: Implementation of the Project would preserve
approximately 66.2 acres of land as open space in the Upper Terrace location where biological
resource values are highest (refer to FRSP Section 3.2 Natural Open Space and Figure 3-1 Site
Constraints Map, and Final EIR Section 3.4 Biological Resources).
4. Protection and Restoration of Froom Creek. The Project will realign and restore sensitive
biological resources within Froom Creek, improving the overall quality of this habitat over the long
term, improving flood capacity of the creek, and helping to alleviate flood capacity constraints
downstream at U.S. 101 (refer to Final EIR Section 3.4 Biological Resources, and Section 3.8
Hydrology and Water Quality).
5. Provision of Park and Recreational Facilities. The Project will provide a variety of park and
recreational facilities for residents of the Project site and City, such as parks, trails, pathways, a
formal trailhead parking area for the Irish Hills Natural Reserve, and other recreational facilities, as
well as passive recreational opportunities within open space (trail along the realigned Froom Creek
and Calle Joaquin wetlands), both by constructing facilities on site and providing needed funding for
enhancement of existing offsite City park and recreational facilities (refer to FRSP, Table 1-1 Project
Summary, and FRSP Section 3.4 Recreation Resources, FRSP Figure 5-11 Pedestrian, Bicycle, and
Transit Network, and FRSP Section 5.5.2 Public Trails).
6. Well-Planned Neighborhood Would Reduce Per-Capita Vehicle Trips: The Project would
develop a new residential neighborhood to meet the City’s housing needs and that designates
sufficient land for neighborhood serving commercial uses to reduce vehicle trips and provide for the
convenience of area residents (refer to FRSP Figure 1-5 Conceptual Site Plan and Table 2-1 Land
Use/Zoning Summary). In addition, the FRSP encourages the use of bicycles and walking within the
Project site and to adjacent commercial uses in the Irish Hills Plaza by including specific policies and
development standards that will result in an internal circulation system and building designs that
facilitate bike use and pedestrian access and incorporating multiple classes of bike lanes which
provide critical connections in the existing bicycle network and including bike and pedestrian paths
through the parks and open space areas (refer to FRSP Chapter 5, Circulation and Figure 5-1
Circulation Plan, FRSP Section 5.4 Bicycle Network, FRSP Figure 5-11 Pedestrian, Bicycle, and
Transit Network, and FRSP Section 5.5 Pedestrian Network).
7. Provision of New Jobs: The Project would create new construction-related and permanent jobs in the
Project area (refer to Final EIR Section 3.11 Population and Housing, pg. 3.11-19 to 3.11-22).
Planned Neighborhood Commercial development would provide jobs in close proximity to housing
(see FRSP Figure 2-1 Zoning/Land Use Map), consistent with Community Goal 34 in the General
Plan Land Use Element and Land Use Element Policy 1.5, which states that the gap between housing
demand and supply should not increase (refer to Final EIR Section 3.11 Population and Housing, pg.
3.11-22).
EXHIBIT A
Findings of Fact and Statement of Overriding Considerations
Froom Ranch Specific Plan
City of San Luis Obispo September 2020
148
8. Sales Tax: Development of neighborhood commercial uses would contribute sales tax revenues that
help fund needed City services (City of San Luis Obispo website, Local Revenue Measure).
9. Implementation of the General Plan: As required by the City General Plan, the Project contains
policies and standards that will facilitate appropriate development of land, protection of open space,
and provision of adequate public facilities consistent with the City’s General Plan LUE and the
housing and transportation objectives (refer to FRSP, including Chapter 8 Public Facilities
Financing).
Accordingly, the City finds that the Project’s adverse, unavoidable environmental impacts are outweighed
by these considerable benefits.
Dated: ___________, 2020
Heidi Harmon
Mayor, City of San Luis Obispo
EXHIBIT A