HomeMy WebLinkAbout3.9_LandUse_FroomRanch_DEIR3.9 LAND USE AND PLANNING
3.9 LAND USE AND PLANNING
This section describes existing and proposed land uses within the Project site and vicinity,
and analyzes potential impacts that may result from land use conflicts. It also evaluates
Project consistency with adopted planning goals and policies of the City General Plan, the
County General Plan, and the ALUP for the Airport.
3.9.1 Environmental Setting
3.9.1.1 Regional Land Use and Planning
The Project site is located in the central portion of the County, approximately 5 miles
northeast of the Pacific Ocean and outside of the local coastal zone. The site is currently
unincorporated on the southern edge of the City and is surrounded on three sides by
incorporated City areas. Urban land uses within the City, including commercial
development, surround the site to the north, east, and south. Rural agricultural uses and
open space within the Irish Hills Natural Reserve lie to the west. Allowable land uses on
nearby properties are governed by both the City and County General Plans and respective
Zoning Ordinances,1 which allow a range of retail, commercial, visitor-serving, and open
space uses (Tables 3.9-1 and 3.9-2; Figure 3.9-1).
Table 3.9-1. Existing City and County Land Use within Project Vicinity
Location Land Use Example of Potential Uses
City General Retail Specialty stores, department stores, restaurants,
discount stores, and banks
Open Space Farming and grazing, protected natural open
space, trails, and historic resources
Services and Manufacturing Medical services, storage businesses, lumber
yards, car repair shops, light manufacturing,
caretaker quarters, homeless shelters, and
mixed-use residential
Tourist Commercial Hotels, motels, restaurants, gasoline stations,
recreational uses, and minor retail
County Agriculture (AG) Agricultural processing, animal facilities, crops
and grazing
Rural Lands (RL) Agricultural processing, crop production and
grazing, mines and quarries, energy generating
facilities
Source: City of San Luis Obispo 2014b; County of San Luis Obispo 2019.
1 The County’s General Plan is adopted as the County’s Zoning Ordinance.
Froom Ranch Specific Plan 3.9-1
Draft EIR
LOS OSOS VALLEY ROADLOS OSOS VALLEY ROADCALLE JOAQUINCALLE JOAQUINLOS OSOS VALLEY ROADCALLE JOAQUIN101
Froom
C
r
eekFroom
C
r
eekLEGEND
Project Site
San Luis Obispo
City/County Boundary
Urban-Rural Line
Onsite Agricultural
Easement
City General Plan Land Use
General Retail
Open Space
Services and Manufacturing
Tourist Commercial
Madonna at LOVR-SP
(Froom Ranch Specific Plan)
County General Plan Land Use
Agriculture
Rural Land
0 500
SCALE IN FEET
N
Existing Land Use 3.9-1
FIGURE
3.9-2
3.9 LAND USE AND PLANNING
Table 3.9-2. Existing City and County Zoning Districts within Project Vicinity
Location Zoning District Example of Potential Uses
City Conservation/Open Space (C/OS) Open Space, agricultural grazing and accessory
structures
Commercial-Retail (C-R) Retail sales, business, personal and
professional services, parks and recreation
facilities, entertainment, hotels, churches,
restaurants, mixed-use developments
Commercial-Service-Special
Considerations
(C-S-S) & Commercial-Service-Planned
Development (C-S-PD)
Limited retail, storage, automobile and vehicle
sales and services, wholesaling, warehousing,
light manufacturing uses
Commercial-Tourist (C-T) Accommodations and services for the traveling
public, parks and recreational facilities, mixed-
use, restaurants
County Agriculture (AG) Agricultural processing, animal facilities, crops
and grazing
Rural Lands (RL) Agricultural processing, crop production and
grazing, mines and quarries, energy generating
facilities
Commercial Retail (CR) Retail sales, business, personal and
professional services, recreation,
entertainment, transient lodging
Source: City of San Luis Obispo 2014b; County of San Luis Obispo 2019.
City-designated commercial-retail (C-R) uses border the Project site along LOVR to the
northwest, including Irish Hills Plaza with numerous large-scale “big box” retail
commercial businesses, including Costco and Home Depot, along with additional retail
businesses, such as T.J. Maxx and Whole Foods Market. To the north across LOVR,
commercial-service (C-S) land uses support primarily automobile dealerships, such as
BMW, Nissan, Ford, Volkswagen, Toyota, and Honda, where structural development is
The Project site is surrounded on three sides by urban development in the City and bordered to the west
by the Irish Hills Natural Reserve (left). Irish Hills Plaza (right) located north of the Specific Plan area
contains retail and commercial businesses.
Froom Ranch Specific Plan 3.9-3
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3.9 LAND USE AND PLANNING
generally modern one-story offices and showrooms. To the southeast adjacent to U.S. 101
and Calle Joaquin, commercial-tourist (C-T) uses include a gasoline station, a restaurant, and
several hotels, including Hampton Inn, Courtyard by Marriott, and Motel 6. To the south,
Mountainbrook Church, a one-story conditionally permitted use, is located in County
agricultural land off Calle Joaquin. To the west, the 1,110-acre Irish Hills Natural Reserve is
located within County-designated rural lands (RL) but is owned and managed by the City.
The nearest residential neighborhoods are 0.3 mile north of Irish Hills Plaza and 0.3 mile east
across U.S. 101.
3.9.1.2 Project Site Land Uses and Planning
The Project site is currently unincorporated and subject to the County’s General Plan. As
described in the County’s General Plan, the Project site is located within the San Luis
Obispo Planning Area, Sub Area North (2014). Figure 2-1 in Section 2.0, Project
Description, shows the regional location of the Project. Approximately 97 acres of the
Project site are designated agriculture, 0.5 acre is designated rural lands, and 19.3 acres are
designated general retail (Figure 3.9-1). Within the Project site, the approximately 110-acre
Specific Plan area is used primarily as grazing land for horses. The approximately 7-acre
developed area on the northern side of the site is developed with the historic Froom Ranch
Dairy complex and a permitted quarry. One of these buildings supports a construction
business office (JM Development Group) in the main ranch house (an office) and other
portions of the property support an equipment storage yard. The Project site also includes
unpaved roads and walking paths, staging and materials storage, and stormwater detention
facilities serving Irish Hills Plaza. The approximately 7.1-acre stormwater basin area on
Mountainbrook Church property is currently undeveloped and is not used for agricultural
uses. See Section 3.2, Agricultural Resources, for a discussion of the Project’s agricultural
setting and Section 3.5, Cultural and Tribal Cultural Resources, for a discussion of the
existing structures on the site.
In December 2014, the City adopted the LUCE of the General Plan with programs and
policies to guide private development and public improvements in the City for the next 20
years. The City certified an EIR for the LUCE update in 2014. The Project site lies fully
within the City’s adopted SOI under the LUCE. Approximately 19.3 acres within the
northeastern portion of the Specific Plan area are located within the URL, which includes the
3.9-4 Froom Ranch Specific Plan
Draft EIR
3.9 LAND USE AND PLANNING
urban areas of the City and a limited portion of unincorporated area within the County.2 The
Specific Plan area within the Project site is designated as the Madonna at LOVR Specific
Plan area in the LUCE. This designation anticipates consideration of future annexation to
the City and eventual development under an adopted specific plan. The LUCE also
identifies the site as a Special Focus Area, SP-3 in Section 8.1.5 of the LUCE, which
provides specific policy guidance for future development within the Specific Plan area (see
Section 3.9.2, Regulatory Setting). Development standards for the Specific Plan area set
forth in the LUCE would allow up to 350 residences and 350,000 sf of neighborhood
commercial and commercial-retail development (Table 3.9-3). The LUCE’s performance
standards for SP-3 include access to trails and protection of wetlands, slopes, historic
structures, open space, and viewsheds.
Table 3.9-3. LUCE Performance Standards for Madonna at LOVR Specific Plan
Area
Type Designations Allowed Minimum1 Maximum
Residential (Mixed-Use) Medium Density Residential
Medium-High Density Residential
High Density Residential
200 units 350 units
Commercial Neighborhood Commercial
Commercial
50,000 sf 350,000 sf
Parks Park
Open Space/Agriculture Open Space
Agriculture
50 % site
coverage
Public N/A
Infrastructure N/A
N/A – Not Applicable
1 There can be a reduction in the minimum requirement based on specific physical and/or environmental constraints.
Source: City of San Luis Obispo 2014b.
3.9.1.3 Easements within Project Site
The Project site is encumbered by two recorded easements; one is for agricultural
conservation within the Specific Plan area and the other delineates the proposed stormwater
detention basin area.
2 The URL represents the boundary of the City’s urban reserve, containing the area around the City where
urban development would potentially occur. The City URL is an unincorporated extension of the City in
which residents share City infrastructure and government-operated facilities and services including schools,
libraries, and parks. The URL encompasses approximately 2,300 acres beyond the existing City limit (City
of San Luis Obispo and County of San Luis Obispo 2013).
Froom Ranch Specific Plan 3.9-5
Draft EIR
3.9 LAND USE AND PLANNING
2010 Open Space & Agricultural Conservation Easement
In 2010, a 7.1-acre agricultural easement was dedicated within the Project site as mitigation
for impacts associated with the nearby Prefumo Creek Commons project. The easement is
recorded over the southern areas of the Specific Plan area and includes the Calle Joaquin
wetlands to the north of Calle Joaquin. As part of approval of annexation of that project
site into the City, the San Luis Obispo County LAFCO required dedication of a permanent
agricultural easement of 7.1 acres on Froom Ranch as part of an overall mitigation package.
LAFCO criteria for dedication included the continuation of prior historical agricultural
activities on the property. The resulting easement is managed by the City and may be
amended with written consent of both Irish Hills Plaza, LLC and the City.
2018 Memorandum of Option and Easement Rights
A Memorandum of Option and easement rights is recorded between the owners of the
Mountainbrook Church property and the Project Applicant, and applies to an area between
the Church, the Marriott and Motel 6 hotels, and Calle Joaquin. The Madonna Family Trust
was granted the option to purchase easement rights within the Mountainbrook Church
property to allow development of the proposed stormwater detention basin (see Section
2.0, Project Description).
2001 Open Space Easement
In 2001, an open space agreement was made between the County and the City (co-grantees)
and the Madonna family (owner) for the granting of two easement areas for the preservation
of open space and natural resource protection within the Irish Hills. The easement areas lie
immediately west of the Project site covering a cumulative area of 111.78 acres, but does
not overlie the Project site. Under the agreement, no structures or facilities may be erected
except for agriculture accessory buildings or public service facilities pursuant to approvals,
and the landscape may not be altered that materially changes the site’s attractive scenic
features. Easement alterations may only be conducted with written agreement by all
easement holders.
2010 Deed of Easement for Ingress and Egress
In 2010, the Irish Hills Plaza West, LLC (owner) granted to the City (grantee) an
irrevocable 20-foot-wide easement for ingress and egress for emergency maintenance,
monitoring, and patrol purposes. The easement consists of two routes. One extends from
LOVR along the existing entrance road and disturbed portions of the Project site, southwest
3.9-6 Froom Ranch Specific Plan
Draft EIR
3.9 LAND USE AND PLANNING
to the Froom Creek Connector Trail. The second easement route extends from the existing
construction operations area and across the Arizona crossing at Froom Creek to connect to
the Neil Havlik Way trail to the south. Easement alterations may only be conducted with
written agreement by all easement holders.
3.9.2 Regulatory Setting
This section summarizes directly relevant state regulations and regional and local land use
plans and procedures. Evaluation of the Project’s consistency with specific goals, policies,
and requirements from relevant land use plans and regulations is provided below in Section
3.9.3, Consistency with Plans and Policies, as well as within referenced EIR sections.
3.9.2.1 State
Government Code Section 63450 (Specific Plans)
State law (Government Code Section 63450) authorizes cities to adopt specific plans for
implementation of their general plans in a defined area. All specific plans must comply
with Sections 65450-65457 of the Government Code. These provisions require that a
specific plan be consistent with the adopted general plan and, in turn, that all subsequent
subdivisions and development, public works projects, and zoning regulations be consistent
with the specific plan. Specific plans are required to include distribution, location and types
of uses, development, and improvements to public facilities and infrastructure. Tailored
regulations, conditions, programs, standards, and guidelines help implement the vision for
long-range development of the specific plan area.
Cortese-Knox Hertzberg Local Government Reorganization Act of 2000
The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (California
Government Code Section 56000 et seq.) prescribes a “uniform process” for boundary
changes for both cities and special districts. This Act delegates this process to LAFCOs. A
LAFCO is a state agency that performs growth management functions, and has approval
authority regarding the establishment, expansion, reorganization, and elimination of any
city and most types of special districts. LAFCOs establish SOIs for cities and special
districts that define the appropriate and probable future jurisdictional boundary and service
area of the agency. In addition to the Cortese-Knox-Hertzberg Act, the San Luis Obispo
County LAFCO (described below) has adopted local policies that it considers in its review
of projects, as further described below.
Froom Ranch Specific Plan 3.9-7
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3.9 LAND USE AND PLANNING
Senate Bill (SB) 375
The adoption of California’s Sustainable Communities and Climate Protection Act SB 375
on September 30, 2008 aligns the goals of regional transportation planning efforts, regional
GHG reduction targets, and land use and housing allocations. SB 375 requires Metropolitan
Planning Organizations (MPOs) such as the SLOCOG to adopt a Regional Transportation
Plan (RTP)/ Sustainable Communities Strategy (SCS) or Alternative Planning Strategy
(APS) within their RTP to demonstrate the achievement of GHG reduction targets. In
compliance with SB 375, SLOCOG has adopted an RTP/SCS that covers the entirety of
the City and County, as well as other cities within the boundaries of the County (see
discussion below and also refer to Section 3.3, Air Quality and Greenhouse Gas
Emissions).
3.9.2.2 Regional
Regional Transportation Plan/Sustainable Communities Strategy
The 2014 RTP/SCS is the region’s long-term vision for the transportation system. As
required by state and federal law, the SLOCOG prepares, updates and adopts the RTP/SCS
every four years. The RTP facilitates the compliance with the state mandate for
communities to coordinate with state and regional agencies to achieve regional air quality
and GHG emission reduction targets. The key principles of these strategies include:
locating new employment centers and neighborhoods near transit to reduce vehicle trips
and peak congestion; creating communities around transit stations, with small businesses,
housing, and restaurants within walking distance to reduce automobile travel; focusing
future growth in urban centers and existing cities to reduce VMT and preserve rural and
other natural areas; and preserving established single-family neighborhoods and existing
natural and green spaces by accommodating new development within existing urbanized
areas and downtown regions.
San Luis Obispo County Local Agency Formation Commission (LAFCO)
A LAFCO is a state agency that performs growth management functions, and has approval
authority regarding the establishment, expansion, reorganization, and elimination of any
city and most types of special districts. LAFCO establishes SOI for cities and special
districts that define the territory that LAFCO independently finds will represent the
appropriate and probable future jurisdictional boundary and service area of the subject
agency. The state legislature has prescribed a “uniform process” for boundary changes for
both cities and special districts that is now embodied in the Cortese-Knox-Hertzberg Local
3.9-8 Froom Ranch Specific Plan
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3.9 LAND USE AND PLANNING
Government Reorganization Act of 2000 (California Government Code Section 56000 et
seq.). This Act delegates the legislature’s boundary powers to LAFCOs.
The San Luis Obispo County LAFCO is responsible for reviewing and approving proposed
jurisdictional boundary changes in the County, including the annexation and detachment
of territory to and/or from cities and most special districts, incorporations of new cities,
formations of new special districts, and consolidations, mergers, and dissolutions of
existing districts. In addition, the San Luis Obispo County LAFCO would review the
Project’s proposed annexation to the City.
County of San Luis Obispo General Plan
In accordance with California state law, the County’s General Plan guides development on
County land. The General Plan forms the basis for the County’s land use decision-making
by expressing the County’s development goals, setting forth land use policy, and informing
citizens and decision-makers of development related policies. The purpose of the General
Plan is to identify the appropriate location of land uses, including basic design and function
of circulation, open space, and infrastructure policies, and public service needs. The
County’s General Plan consists of nine state-mandated and optional elements: LUE (Inland
Framework for Planning [2015] and Coastal Zone Framework for Planning [2018]);
Housing Element (HE; 2014); Noise Element (NE; 1992); SE (2014); COSE (2015); Parks
and Recreation Element (PRE; 2006); Agriculture Element (2010); Offshore Energy
Element (1992); and an Economic Element (2012).
County of San Luis Obispo Inland Land Use Ordinance
The County’s LUE (Inland Framework for Planning) is adopted as its zoning ordinance
and defines 12 land use categories and 11 combining designations. Residential zones
include: rural residential, suburban residential, and single-family residential. Non‐
residential zones include: agriculture, rural lands, open space, recreation, public facilities,
office and professional, retail commercial, service commercial, and industrial. The
combining designations include: airport review area, energy and extractive resource area,
extractive resource area, flood hazard, geologic study area, historic site, local coastal plan
area, renewable energy area, sensitive resource area, transfer of development credit
receiving site, and transfer of development credit sending site.
Froom Ranch Specific Plan 3.9-9
Draft EIR
3.9 LAND USE AND PLANNING
Airport Land Use Plan for the San Luis Obispo County Regional Airport
The ALUP is a key governing land use document regarding safety and noise related
restrictions for land use surrounding the Airport. It was first adopted in December 1973,
most recently amended in 2005, and is currently being updated by the County ALUC. The
ALUP provides guidance for the establishment of compatible land uses within the Airport
Land Use Planning Area (ALUPA). The ALUP contains policies and guidelines which
address public safety and noise exposure within the ALUPA and provides land use
guidance based upon established noise and safety corridors. ALUP policies affect areas
under both City and County jurisdiction.
Small portions of the Project site lie within Safety Sub-Areas S-1B and S-1C of the 2005
ALUP, identifying potential airport risk hazards from airport operations. However, as
discussed further below, recent analysis of Airport hazards based on Caltrans Airport Land
Use Planning Handbook and the San Luis Obispo Airport Land Use Compatibility Report
criteria (Johnson Aviation 2014) indicates that the safety risks may be significantly lower
than identified in the 2005 ALUP and that Airport hazard risks are very low. The maps
prepared as part of the Johnson Aviation Report depicting Airport hazards based on the
Caltrans Handbook Safety Compatibility Zones depict the Project site as being located
entirely outside of the airport safety compatibility zones and susceptible to airport hazards.
In addition, though two Airport Safety Areas are mapped on the Project site under the
current ALUP, the ALUC conceptually reviewed the Project on April 19, 2017 and
determined that the use of the corrected map was appropriate for defining airport hazards
for the Project. Further, the ALUC is currently in the process of updating the ALUP to
evaluate airport safety zones consistent with the California Airport Land Use Planning
Handbook. Potential safety policies are discussed more fully in Section 3.7, Hazards,
Hazardous Materials, and Wildfire, while consistency with ALUP polices is discussed in
Section 3.9.3, Consistency with Plans and Policies below. Given the ALUC’s preliminary
review of the Project and the pending ALUP update, the Project is analyzed for airport
safety against the Caltrans Handbook Safety Compatibility Zones identified in the Johnson
Aviation Report.
ALUP Safety Area S-1B is comprised of those portions of Safety Area S-1 which are
not included in Safety Area S-1A, but are within probable gliding distance for aircraft
on expected approach or departure courses. This Safety Area also includes state-
defined sideline safety areas, inner turning zones and outer safety areas for both
Runway 11-29 and Runway 7-25. Aviation safety hazards to be particularly considered
3.9-10 Froom Ranch Specific Plan
Draft EIR
3.9 LAND USE AND PLANNING
in this area include mechanical failures, fuel exhaustion, deviation from glideslope or
minimum descent altitude during instrument flight rules operations (due to pilot error
or equipment malfunction), loss of control during short approach procedures, stall/spin
incidents during engine-out maneuvers in multi-engine aircraft, loss of control during
“go around” or missed approach procedures, and midair collisions. Under the 2005
ALUP, approximately 34.9 acres of the Specific Plan area are within this area.
Airport Safety Area S-1C is comprised of those portions of Safety Area S-1 which
are not included in Safety Areas S-1A or S-1B, but are adjacent to Runway 11-29
(within 0.5 nautical mile [nm]) frequent or low-visibility aircraft operations at less than
500 feet above ground level. Aviation safety hazards to be considered in this area
include mechanical failures, deviation from localized runaway approach during
instrument flight rules operations (due to pilot error or equipment malfunction),
stall/spin incidents during engine-out maneuvers in multi-engine aircraft, loss of
control during “go around” or missed approach procedures, and loss of visual
references by aircraft performing circle-to-land procedures. The outer border of Safety
Area S-1C is rectangular in shape. Approximately 7.6 acres of the Specific Plan area
are in this area.
ALUP Safety Area S-2 represents the area within the vicinity of the Project where
aircrafts operate frequently or in conditions of reduced visibility at altitudes between
501 and 1,000 feet above ground level. Aviation safety hazards identified in the ALUP
include mechanical failures, fuel exhaustion, loss of control during turns from
downwind to base legs or from base to final legs of the traffic pattern, stall/spin
incidents during engine‐out maneuvers in twin engine aircraft, and midair collisions.
Because aircraft in Safety Area S‐2 are at greater altitude and are less densely
concentrated than in other portions of the ALUPA, the overall level of aviation safety
risk is considered to be lower than that in Area S‐1 or the Runway Protection Zones
(RPZs) (SLO County ALUC 2005). Approximately 107.5 acres of the Specific Plan
area are within Safety Area S-2.
3.9.2.3 Local
City of San Luis Obispo General Plan
The City General Plan identifies the appropriate location of land uses, basic design and
function of circulation, open space, and infrastructure policies, as well as public service
needs. The City’s General Plan consists of eight state-mandated and optional elements:
Froom Ranch Specific Plan 3.9-11
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3.9 LAND USE AND PLANNING
LUE (2014); CE (2017); HE (2015); NE (1996); SE (2012); COSE (2006); PRE (2001);
and Water and Wastewater Management Element (WWME; 2018). Project consistency
with specific policies from the General Plan are analyzed below in Section 3.9.3,
Consistency with Plans and Policies and within specific EIR sections.
In the early 1980s, the City’s LUE was amended to address concerns over hillside
development, including within the Project vicinity. The City has a long history of planning
to protect steeper hillsides within and surrounding the City, including those within and
adjacent to the Irish Hills. The City’s 1982 Hillside Planning Areas Phase I and 1984 Phase
II reports found that for the Project vicinity, among other things, the area above the 150-
foot elevation has steep slopes and a high scenic value while areas below the 150-foot
elevation south of Froom Creek are subject to inundation. The Phase I and II reports
recommend that all areas above the 150-foot elevation in the Irish Hills become part of a
permanent open space easement and that structures, grading, and removal of significant
vegetation be prohibited. These recommendations were adopted in 1984 as an amendment
to the 1977 LUE (Ordinance 1028-1984), including limiting hillside development on slopes
over 15 percent to protect against adverse impacts related to emergency access, unstable
geology, water resources availability, wildfire hazard, and visual resource degradation.
As a result of these previous planning efforts, the LUE prohibits development above the
150-foot elevation contour within the Hillside Planning Area to preserve the open space in
the area’s “steeper, higher, and most visible hillsides.” Specifically, Subsection 6.4.7.H of
the LUE, The Irish Hills Area, states, “The Irish Hills area should secure permanent open
space with no building sites above the 150-foot elevation, in conjunction with any
subdivision or development of the lower areas”. This policy applies to the Specific Plan
area and was not amended or altered during adoption of the 2014 LUCE Update.
2014 Land Use Element
The City’s LUE identifies the Project site as a Special Focus Area, SP-3. The LUE includes
policies and the prescribed format and content of regulatory elements of a specific plan for
SP-3 (Sections 8.1.1 and 8.1.2 of the LUE, General Plan). The City also certified an EIR
for the LUE update in 2014. The 2014 LUCE Update EIR addresses potential impacts of
development of the Project site in a programmatic manner, primarily referring to the
location as the “Madonna on LOVR Specific Plan Area,” but it does not address the
particulars of the Draft FRSP. Accordingly, Project-specific impacts associated with this
development are addressed in detail in this EIR.
3.9-12 Froom Ranch Specific Plan
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3.9 LAND USE AND PLANNING
The 2014 LUE identifies the Specific Plan area as Special Focus Area, SP-3, with the
following requirements:
Policy 8.1.5 Purpose. The purpose of the specific plan is to provide design flexibility that
will secure the appropriate development of the site while protecting sensitive
environmental resources on the site. Development on the site should be a compact, mixed-
use project that provides workforce housing options and neighborhood commercial uses
that support pedestrian and bicycle access. The specific plan for this area should consider
and address the following land use and design issues:
a. Develop a design that is sensitive to environmental constraints and adjusts
accordingly through design. Constraints include wetland protection, slope protection,
historic structures, and open space protection.
b. Maintain viewshed of surrounding mountains and secure steeper hillsides as
protected open space areas.
c. Variable height limits will be required to protect views of adjacent hills.
d. Provide access to trails.
e. Provide a plan for adequate and safe infrastructure, including appropriate points of
access to LOVR.
f. Address neighborhood commercial needs of new neighborhood.
g. Provide connectivity to adjacent development.
LUE Chapter 7, Airport Area
Regulations in Chapter 7 of the LUE, titled Airport Area, apply to all uses, activities, and
existing and proposed development on properties within ALUP Safety Areas S-1B, S-1C,
and S-2 designated in the ALUP. LUE policies relating to airport land use are listed below.
7.3. Airport Land Use Plan. Land use density and intensity shall carefully balance
noise impacts and the progression in the degree of reduced safety risk further away
from the runways, using guidance from the ALUP, State Aeronautics Act, and
California Airport Land Use Planning Handbook guidelines. The City shall use the
Airport Master Plan forecasts of aviation activity as a reasonably foreseeable projection
of ultimate aviation activity sufficient for long-term land use planning purposes.
Prospective buyers of property subject to airport influence should be so informed.
7.4. ALUP Safety Area. Density and allowed uses within the Safety Areas shall be
consistent with the ALUP unless the City overrides a determination of inconsistency in
accordance with Section 21676 and 21676.5 et. seq. of the Public Utilities Code. If the
Froom Ranch Specific Plan 3.9-13
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3.9 LAND USE AND PLANNING
City overrides a determination, all land uses shall be consistent with the State
Aeronautics Act and guidance provided in the California Airport Land Use Planning
Handbook guidelines, City policies, and noise standards as substantiated by the San
Luis Obispo County Airport Master Plan activity forecasts as used for noise planning
purposes.
7.5. Airport Noise Compatibility. The City shall use the aircraft noise analysis prepared
for the Airport Master Plan EIR as an accurate mapping of the long-term noise impact
of the airport’s aviation activity that is tied to the ultimate facilities development
depicted in the FAA-approved Airport Layout Plan. The City shall use the 60 dB CNEL
aircraft noise contour (FAA and state aircraft noise planning standard) as the threshold
for new urban residential areas. Interiors of new residential structures shall be
constructed to meet a maximum 45 dB CNEL.
7.12. County Airport Land Use Plan. The City shall continue to work with the ALUC
to strive to achieve consistency between the ALUP and the City’s General Plan. If
consistency cannot be achieved, the City shall preserve and maintain as a plausible
alternative its constitutional land use authority to overrule the ALUC with regard to
adopting General Plan policies that are consistent with the purposes of the California
Airport Land Use Planning Handbook, State Aeronautics Act, and state law. Applicable
sections of the Zoning Regulations and Specific Plans shall be amended accordingly.
7.16. Airport Overlay Zone. The City shall create an AOZ to reflect the boundaries of
the ALUP within the City limits. The purpose of the AOZs are to codify airport
compatibility criteria in areas for which the City may override the ALUP determination
to ensure compliance with the requirements of the California State Aeronautics Act
(Cal. Pub. Utilities Code, Section 21670, et. seq.), which establishes statewide
requirements for airport land use compatibility planning, guidance from the California
Airport Land Use Planning Handbook, which is published by the California
Department of Transportation Division of Aeronautics to support and amplify the State
Aeronautics Act requirements, and other related federal and state requirements relating
to airport land use compatibility planning. Implementation of the compatibility policies
was intended to be accomplished through the Zoning Regulations.
7.17. Airport Land Use and Zoning Code. The City shall update its Zoning
Regulations to address allowable uses and development standards for areas in which
the City may override a determination of inconsistency. Zoning Regulations shall be
consistent with the requirements of the State Aeronautics Act, use guidance from the
3.9-14 Froom Ranch Specific Plan
Draft EIR
3.9 LAND USE AND PLANNING
Caltrans Airport Handbook, and comply with related state and federal requirements
relating to airport land use compatibility. These development standards will include,
but are not limited to, intensity and density limitations, identification of prohibited uses,
infill development, height limitations, obstructions and other hazards to flight, noise
insulation requirements, buyer awareness measures, nonconforming uses, and
reconstruction. The process for airport compatibility criteria reviews by the City shall
be consistent with these development standards.
City of San Luis Obispo Zoning Regulations
The City’s Zoning Regulations define 15 zoning districts in three categories: residential,
non‐residential, and overlay. The residential zones include: low‐density residential,
medium‐density residential, medium‐high‐density residential, and high‐density residential.
The non‐residential zones include: conservation/open space, office, public facility,
neighborhood commercial, retail commercial, community commercial, Downtown
commercial, tourist commercial, service commercial, manufacturing, and business-park.
The overlay zones include: planned development, specific plan, historic, mixed‐use, and
special considerations.
City of San Luis Obispo Community Design Guidelines
The City’s Community Design Guidelines, revised in 2010, includes numerous principles
related to site planning, building design, street orientation, and creek side development.
Section 3.1, Aesthetics analyzes the Project’s physical impacts related to principles outlined
in these guidelines.
3.9.3 Consistency with Plans and Policies
This section summarizes relevant adopted goals and policies and evaluates the Project’s
consistency with guidelines and requirements established therein. The following discussion
of General Plan policies and preliminary determinations regarding Project consistency with
these policies is presented for informational purposes. Section 15125(d) of the CEQA
Guidelines requires that an EIR “shall discuss any inconsistencies between the Project and
applicable general plans and regional plans.” Table 3.9-4 discusses a preliminary
determination of the Project’s consistency with applicable policies from the City’s General
Plan. Table 3.9-5 summarizes the Project’s preliminary consistency with applicable
policies from the County’s General Plan. The EIR identifies any feasible mitigation
measures to improve Project consistency with these policies. Final Project consistency
determinations would be made by City decision-makers.
Froom Ranch Specific Plan 3.9-15
Draft EIR
3.9 LAND USE AND PLANNING
Table 3.9-4. City General Plan Policy Consistency Analysis
Policy/Goal Summary Preliminary Consistency Finding Discussion
Land Use Element (LUE)
1.1.1 – Growth
Management
The City shall manage its growth so that:
A. The natural environment and air quality
will be protected.
B. The relatively high level of services
enjoyed by City residents is maintained or
enhanced.
C. The demand for municipal services does
not outpace their availability.
D. New residents can be assimilated without
disrupting the community’s social fabric,
safety, or established neighborhoods.
Potentially Consistent
As discussed in Section 3.3, Air Quality and
Greenhouse Gas Emissions, Section 3.4, Biological
Resources, Section 3.7, Hazards, Hazardous
Materials, and Wildfire, Section 3.11, Population
and Housing, Section 3.12, Public Services and
Recreation, Section 3.13, Transportation, and
Section 3.14, Utilities and Energy Conservation,
development of the Project would ensure the City
continues to provide essential municipal services to
all residents in a manner that ensures the protection
of the natural environment to the maximum extent
feasible while resulting in consistency and fluidity
with surrounding community development.
1.1.2 –
Development
Capacity and
Services
The City shall not designate more land for
urban uses than its resources can be expected
to support.
Potentially Consistent As discussed in Section 3.3, Air Quality and
Greenhouse Gas Emissions, Section 3.4, Biological
Resources, Section 3.7, Hazards, Hazardous
Materials, and Wildfire, Section 3.11, Population
and Housing, Section 3.12, Public Services and
Recreation, Section 3.13, Transportation, and
Section 3.14, Utilities and Energy Conservation,
resources available within the City would be
sufficient to support the urban uses within the
Project in a manner that ensures the protection of
the natural environment to the maximum extent
feasible.
1.4 – Urban
Edges Character
The City shall maintain a clear boundary
between San Luis Obispo's urban
development and surrounding open land.
Development just inside the boundary shall
provide measures to avoid a stark-appearing
edge between buildings in the City and
adjacent open land. Such measures may
include: using new or existing groves or
Potentially Inconsistent The Project would include development of medium
and higher density residential uses immediately
adjacent to the open land within the Irish Hills
Natural Reserve above the 150-foot elevation line,
creating a stark edge between new buildings and
the adjacent open lands. The Project would be
potentially inconsistent with this policy.
3.9-16 Froom Ranch Specific Plan
Draft EIR
3.9 LAND USE AND PLANNING
Table 3.9-4. City General Plan Policy Consistency Analysis (Continued)
Policy/Goal Summary Preliminary Consistency Finding Discussion
windrows of trees, or hills or other
landforms, to set the edge of development;
increasing the required side-yard and rear-
yard setbacks; and providing open space or
agricultural transition buffers.
1.5 –
Jobs/Housing
Relationship
The gap between housing demand (due to
more jobs and college enrollment) and supply
should not increase.
Potentially Consistent The Project would include construction of 174
multi-family residential dwelling units and 404
senior units, meeting a need identified in the City
General Plan HE. These new units would help
maintain the City’s current jobs/housing ratio. The
Project would contribute to providing housing to
improve this balance.
1.7.3 – Interim
Uses
Expansion areas should be kept in
agriculture, compatible with agricultural
support services, or open space uses until
urban development occurs, unless a City-
approved specific plan provides for other
interim uses.
Potentially Consistent The Project is proposed on land designated for a
specific plan (SP-3) which would provide for urban
development and open space preservation to
implement the City’s General Plan.
1.8.1 – Open
Space Protection
Within the City's planning area and outside
the urban reserve line, undeveloped land
should be kept open. Prime agricultural land,
productive agricultural land, and potentially
productive agricultural land should be
protected for farming. Scenic lands, sensitive
wildlife habitat, and undeveloped prime
agricultural land should be permanently
protected as open space.
Potentially Inconsistent The Project site is located within the City’s SOI, is
planned for growth under SP-3, and would be
annexed to the City consistent with adopted policy
and LAFCO review. In accordance with the LUCE
Update EIR, the Applicant must dedicate open
space land or in-lieu fees for newly annexed land at
a ratio of no less than 1:1. The Project would also
be required to provide for permanent conservation
of approximately 7.1 acres of land to maintain the
acreage of an existing open space and agricultural
conservation easement that would be partially
developed under the Project and requires
reconfiguration.
However, proposed development of the Upper
Terrace would impact scenic lands and sensitive
wildlife habitat that supports wildlife movement
and corridors. Loss of these resources would be
potentially inconsistent with this policy.
Froom Ranch Specific Plan 3.9-17
Draft EIR
3.9 LAND USE AND PLANNING
Table 3.9-4. City General Plan Policy Consistency Analysis (Continued)
Policy/Goal Summary Preliminary Consistency Finding Discussion
1.8.3 –
Commercial uses
in the Greenbelt
The City shall not allow commercial
development within the greenbelt area unless
it is clearly incidental to and supportive of
agriculture or other open space uses.
Potentially Consistent The Project site is located within the City’s SOI,
within the greenbelt boundary, is planned for urban
growth under the LUCE Update, and
implementation of the Project would result in
annexation of the Project site to the City. The
Project would fill a development gap along LOVR
with residential and commercial development,
consistent with City policy for long-term protection
of agriculture and open space surrounding the City
within the greenbelt.
1.8.5 – Building
Design and
Siting
All new buildings and structures should be
subordinate to and in harmony with the
surrounding landscape. The City should
encourage County adoption of regulations
prohibiting new structures on ridge lines or in
other visually prominent or environmentally
sensitive locations, and allowing transfer of
development rights from one parcel to
another in order to facilitate this policy.
Potentially Inconsistent The FRSP design provides for larger buildings and
structures within the Lower Area of Villaggio and
Madonna Froom Ranch, adjacent to already
developed areas along LOVR such as the Irish
Hills Plaza, and in conformance with the
surrounding development and landscape, consistent
with the intent of this policy. However,
development of the Upper Terrace would place
new multi-story structures in open lands on the
Upper Terrace adjacent to and highly visible from
public roads and the Irish Hills Natural Reserve.
Such development would be potentially
inconsistent with the intent of this policy that new
buildings and structures should be subordinate to
and in harmony with the surrounding landscape.
1.8.6 – Wildlife
Habitat
The City shall ensure that continuous wildlife
habitat- including corridors free of human
disruption are preserved, and, where
necessary, created.
Consistent Project development would result in disruption of
wildlife movement, particularly to and across the
Upper Terrace through development in close
proximity to key seep and spring water sources for
wildlife and interrupt or prevent wildlife from the
Irish Hills Natural Reserve moving through or
across the Project site. Implementation of
mitigation would reduce Project impacts to a less
than significant degree and ensure continuous
movement through the site can be provided for
3.9-18 Froom Ranch Specific Plan
Draft EIR
3.9 LAND USE AND PLANNING
Table 3.9-4. City General Plan Policy Consistency Analysis (Continued)
Policy/Goal Summary Preliminary Consistency Finding Discussion
wildlife. Refer also to Section 3.4, Biological
Resources.
1.9.1 –
Agricultural
Protection
The City shall support preservation of
economically viable agricultural operations
and land within the URL and city limits. The
City should provide for the continuation of
farming through steps such as provision of
appropriate general plan designations and
zoning.
Potentially Consistent The City has considered the viability of agricultural
operations on the Specific Plan area through past
planning efforts such as the LUCE Update and the
identification of the Project site as SP- 3. The
Project site does not support any prime soils or
economically viable agricultural operations. The
existing open space and agricultural easement
would be replaced through dedication of an
equivalent continuous area of comparable soils.
These measures would mitigate impacts to
agricultural resources. See Section 3.2,
Agricultural Resources, for additional information
regarding the viability of agriculture onsite.
1.9.2 – Prime
Agricultural
Land
The City may allow development on prime
agricultural land if the development
contributes to the protection of agricultural
land in the urban reserve or greenbelt by one
or more of the following methods, or an
equally effective method: acting as a receiver
site for transfer of development credit from
prime agricultural land of equal quantity;
securing for the City or for a suitable land
conservation organization open space or
agricultural easements or fee ownership with
deed restrictions; helping to directly fund the
acquisition of fee ownership or open space
easements by the City or a suitable land
conservation organization. Development of
small parcels which are essentially
surrounded by urbanization need not
contribute to agricultural land protection.
Potentially Consistent The City has considered the protection of
agricultural resources on the Specific Plan area
through past planning efforts, such as the LUCE
Update and through the measures detailed for SP-3.
Therefore, although Project implementation would
result in loss of agricultural soils, which are
considered prime when irrigated, the site is not
currently irrigated, and has not been irrigated in the
past. The existing open space and agricultural
easement would be reconfigured. As discussed in
Section 3.2, Agricultural Resources, there is no
prime farmland or farmland of state or local
importance identified within the Project site.
Development of the Project would not result in the
loss of prime agricultural land.
1.10.3 – Public
Access
Areas preserved for open space should
include public trail access, controlled to
protect the natural resources, to assure
Potentially Consistent The Project’s proposed land use plan and
conceptual site plan includes a trailhead park in
Madonna Froom Ranch providing improved public
Froom Ranch Specific Plan 3.9-19
Draft EIR
3.9 LAND USE AND PLANNING
Table 3.9-4. City General Plan Policy Consistency Analysis (Continued)
Policy/Goal Summary Preliminary Consistency Finding Discussion
reasonable security and privacy of dwellings,
and to allow continuing agricultural
operations.
access to the Irish Hills Natural Reserve’s trail
network and a new trail access point associated
with the Lower Area of Villaggio. Existing trails,
proposed public streets, and parking areas would
connect to a multi-use trail that would provide
public access along the 3,000-foot-long reach of
relocated Froom Creek onsite.
1.11.1 – Overall
Intent
The City shall manage the city’s growth rate
to provide for the balanced evolution of the
community and the gradual assimilation of
new residents. Growth must be consistent
with the City's ability to provide resources
and services and with State and City
requirements for protecting the environment,
the economy, and open space.
Potentially Consistent As discussed in Section 3.7, Hazards, Hazardous
Materials, and Wildfire, Section 3.11, Population
and Housing, Section 3.12, Public Services and
Recreation, Section 3.13, Transportation, and
Section 3.14, Utilities and Energy Conservation,
Project design and mitigation measures would
ensure that resources and services provided by the
City would be sufficient to address growth as a
result of the Project.
1.11.2 –
Residential
Growth Rate
The City shall manage the growth of the
City's housing supply so that it does not
exceed one percent per year, on average,
based on thresholds established by LUE
Table 3, excluding dwellings affordable to
residents with extremely low, very low or
low incomes as defined by the HE. This rate
of growth may continue so long as the City's
basic service capacity is assured. Table 3
below shows the approximate number of
dwellings and residents which would result
from the one percent maximum average
annual growth rate over the planning period.
Approved specific plan areas may develop in
accordance with the phasing schedule
adopted by each specific plan provided
thresholds established by Table 3 are not
exceeded. The City Council shall review the
rate of growth on an annual basis in
conjunction with the General Plan annual
Potentially Consistent As discussed in Section 3.11, Population and
Housing, buildout of the FRSP, excluding
inclusionary units, would contribute to an average
0.35 percent annual increase to the City’s total
housing supply. The average annual growth rate
would be below, and consistent with, the 1 percent
annual average increase allowed by this policy.
3.9-20 Froom Ranch Specific Plan
Draft EIR
3.9 LAND USE AND PLANNING
Table 3.9-4. City General Plan Policy Consistency Analysis (Continued)
Policy/Goal Summary Preliminary Consistency Finding Discussion
report to ensure consistency with the City’s
gradual assimilation policy.
1.13.1 – Water
and Sewer
Service
The City shall not provide nor permit
delivery of City potable water or sewer
services to the following areas. However, the
City will serve those parties having valid
previous connections or contracts with the
City.
A. Outside the City limits;
B. Outside the urban reserve line;
C. Above elevations reliably served by
gravity-flow in the City water system;
D. Below elevations reliably served by
gravity-flow or pumps in the City sewer
system.
Potentially Consistent The Project site is located within the City’s SOI
and implementation of the Project would result in
annexation of the Project site to the City.
Development under the FRSP would not occur
above or below elevation reliably served by
gravity-flow or pumps in the City’s water or sewer
system. The site is a designated expansion area that
would be entitled to both City water and sewer
services.
1.13.2 –
Recycled Water
Provision of recycled water outside of City
limits may only be considered in compliance
with WWME Policy A 7.3.4 and the
following findings:
A. Non-potable/recycled water is necessary
to support continued agricultural operations.
B. Provision of non-potable/recycled water
will not be used to increase development
potential of property being served.
C. Non-potable/recycled water will not be
further treated to make it potable.
D. Prior to provision of non-potable/recycled
water, the property to be served will record a
conservation, open space, Williamson Act, or
other easement instrument to maintain the
area being served in agriculture and open
space while recycled water is being provided.
Potentially Consistent The Project site is located within the City’s SOI
and implementation of the Project would result in
annexation of the Project site to the City.
Development under the FRSP would utilize
recycled water in a manner consistent with this
policy.
1.13.8 – Open
Space
The City shall require that each annexation
help secure permanent protection for areas
designated open space, and for the habitat
Potentially Inconsistent The Project would involve annexation of the site to
the City, with dedication of approximately 54
percent of the Specific Plan area (59 acres) as open
Froom Ranch Specific Plan 3.9-21
Draft EIR
3.9 LAND USE AND PLANNING
Table 3.9-4. City General Plan Policy Consistency Analysis (Continued)
Policy/Goal Summary Preliminary Consistency Finding Discussion
types and wildlife corridors within the
annexation area that are identified in the
COSE.
space. This area would include some but not all of
the sensitive habitats (e.g., wetlands, serpentine
native bunchgrass habitats). In addition, this open
space would be fragmented by proposed
development in the Upper Terrace, with residential
units, roads, driveways and other improvements
disrupting the continuity of this open space. The
Project would also result in direct removal of
wetland habitat with both onsite and offsite
restoration proposed. In addition, development of
the Upper Terrace would impact up to 12 special
status native plant species, disrupt wildlife
movement and corridors, and impact portions of
Drainages 1, 2, and 3 and associated sensitive
spring and seep habitats, with potential for
significant and unavoidable impacts. Therefore, the
Project would be only partially consistent with this
policy (see Section 3.4, Biological Resources).
1.13.10 – Solid
Waste Capacity
In addition to other requirements for
adequate resources and services prior to
development, the City shall require that
adequate solid waste disposal capacity exists
before granting any discretionary land use
approval which would increase solid waste
generation.
Potentially Consistent As discussed in Section 3.14, Utilities and Energy
Conservation, waste produced by the Project would
not substantially affect the landfill’s capacity or
ability to comply with federal, state, or local
regulations. There is adequate capacity at the Cold
Canyon Landfill to support the Project.
1.14.7
Development Fee
Programs
The City shall maintain a development fee
program that covers the costs associated with
serving projects with City services and
facilities. This maintenance will include
periodic review of the fees collected to
ensure they are adequate to cover City costs.
Potentially Consistent The City actively maintains and updates its
development fee programs and the Project would
be subject to City development fees to covers the
costs associated with serving the Project with City
services and facilities.
2.3.1 – Mixed
Uses and
Convenience
The City shall promote a mix of compatible
uses in neighborhoods to serve the daily
needs of nearby residents, including schools,
parks, churches, and convenience retail
stores. Neighborhood shopping and services
Potentially Consistent The Project would be located adjacent to the Irish
Hills Plaza Shopping Center, providing immediate
access to convenience retail stores for food,
clothing, and other necessary goods. Following
mitigation discussed in Section 3.12, Public
3.9-22 Froom Ranch Specific Plan
Draft EIR
3.9 LAND USE AND PLANNING
Table 3.9-4. City General Plan Policy Consistency Analysis (Continued)
Policy/Goal Summary Preliminary Consistency Finding Discussion
should be available within about one mile of
all dwellings. When nonresidential,
neighborhood serving uses are developed,
existing housing shall be preserved and new
housing added where possible. If existing
dwellings are removed for such uses, the
development shall include replacement
dwellings (no net loss of residential units).
Services and Recreation, sufficient access to
schools and parks would be available to Project
residents. Several churches exist within the Project
vicinity, including the immediately adjacent
Mountainbrook Church as well as several churches
in residential areas to the north of the Project site.
No existing housing would be removed.
2.3.7 – Natural
Features
The City shall require residential
developments to preserve and incorporate as
amenities natural site features, such as land
forms, views, creeks, wetlands, wildlife
habitats, wildlife corridors, and plants.
Potentially Inconsistent Project development would result in substantial
changes to onsite natural features through mass
grading, changes in topography and alteration or
elimination of substantial areas of sensitive
habitats, including development in close proximity
to 12 rare plant species; loss and disruption of
sensitive habitats such as serpentine native
grassland, springs, and seeps; and loss or disruption
of wildlife habitats and wildlife corridors with
potential significant and unavoidable impacts.
Therefore, the Project would be potentially
inconsistent with this policy.
6.4.1 – Hillside
Policies
The City shall maintain comprehensive
standards and policies for hillside
development for the following reasons:
A. To protect and preserve scenic hillside
areas and natural features such as the
volcanic Morros, ridge lines, plant
communities, rock outcroppings and steep
slope areas that function as landscape
backdrops for the community.
B. To set the limits of commercial and
residential development in hillside areas by
establishing a permanent open space green
belt at the edge of the community.
C. To protect the health, safety and welfare
of community residents by directing
development away from areas with hazards
Potentially Inconsistent The Project would include development above the
150-foot elevation, subject to a General Plan
Amendment, that would result in significant,
unavoidable impacts to aesthetics including views
from trails within the Irish Hills Natural Reserve
and views from public roads towards the Irish
Hills. Scenic hillside areas and natural features
within the Upper Terrace that serve as landscape
backdrops along the edge of the City would be
fragmented by proposed development. The Project
would also impact and disrupt natural features such
as rare plant communities, including serpentine
native bunch grassland and wetlands and up to 12
special status plant species would also be subject to
direct and indirect impacts. Project development
would also impinge directly on the border of the
Froom Ranch Specific Plan 3.9-23
Draft EIR
3.9 LAND USE AND PLANNING
Table 3.9-4. City General Plan Policy Consistency Analysis (Continued)
Policy/Goal Summary Preliminary Consistency Finding Discussion
such as landslides, wildland fires, flooding
and erosion.
Irish Hills Natural Reserve, disrupting the
continuity of open space greenbelt along the edge
of the City. Finally, Project development would
expose new residences to significant wildland fire
hazards. Because many of these impacts would be
significant and unavoidable, the Project would be
potentially inconsistent with this policy. See
Sections, 3.4, Biological Resources, 3.7 Hazards,
Hazardous Materials, and Wildfire, and 3.1,
Aesthetics.
6.4.2 -
Development
Limits
The City shall establish and maintain clear
development limit lines for hillside planning
areas, and special design standards for the
hillside areas. The location of the
development limit and the standards should
cause development to avoid encroachment
into sensitive habitats or unique resources as
defined in the COSE, and public health and
safety problems related to utility service,
access, wildland fire hazard, erosion,
flooding, and landslides and other geologic
hazards. Also, the development limit line and
the standards should help protect the city’s
scenic setting.
6.4.7 – Hillside
Planning Areas
The City shall urge the County to implement
the following hillside policies. Specific
policies to address particular concerns for the
area as shown on Figure 7 are listed below.
For each of these areas, land above the
development limit line should be secured in
open space.
H. The Irish Hills area should secure
permanent open space with no building sites
above the 150-foot elevation, in conjunction
with any subdivision or development of the
lower areas.
6.6.1 – Creek and
Wetlands
Management
Objectives
Maintain and restore natural conditions and
habitats; minimize flooding damage;
recognize sections of creeks which are in
largely natural areas and manage for
maximum ecological value. The City shall
manage its lake, creeks, wetlands,
Potentially Inconsistent Project development would result in large-scale
planned restoration of Froom Creek and
improvements to flood control and public access,
consistent with the intent of this policy. However,
proposed substantial changes to onsite natural
drainage patterns, elimination of some wetland and
riparian features and impacts to the ecological
3.9-24 Froom Ranch Specific Plan
Draft EIR
3.9 LAND USE AND PLANNING
Table 3.9-4. City General Plan Policy Consistency Analysis (Continued)
Policy/Goal Summary Preliminary Consistency Finding Discussion
floodplains, and associated wetlands to
achieve the multiple objectives of:
A. Maintaining and restoring natural
conditions and fish and wildlife habitat;
B. Preventing loss of life and minimizing
property damage from flooding;
C. Providing recreational opportunities which
are compatible with fish and wildlife habitat,
flood protection, and use of adjacent private
properties.
value of Drainages, 1, 2, and 3 would cause
potential inconsistencies as discussed below:
A. Project improvements to Froom Creek would
restore or create riparian habitat along the creek
channel as well as potentially improve passage for
steelhead trout and other wildlife species along the
realigned Froom Creek channel. However,
development within the Upper Terrace in close
proximity to segments of Drainages 1, 2, and 3, as
well as construction of roads across and culverts
within these tributary drainages could substantially
reduce the ecological value of the perennial springs
and seeps to both onsite wildlife and that from the
adjacent Irish Hills Natural Reserve, potentially
inconsistent with the intent of this policy.
B. Project flood control improvements would
confine Froom Creek floodwaters, reducing onsite
and offsite flooding, consistent with intent of this
policy.
C. The Project would include improved
recreational opportunities through installation of
amenities such as including a 6-foot-wide public
trail and park benches along the bank of Froom
Creek, consistent with the intent of this policy.
6.6.3 –
Amenities and
Access
New development adjacent to creeks must
respect the natural environment and
incorporate the natural features as project
amenities, providing doing so does not
diminish natural values. Developments along
creeks should include public access across
the development site to the creek and along
the creek, provided that wildlife habitat,
public safety, and reasonable privacy and
security of the development can be
maintained, consistent with the COSE.
Potentially Inconsistent The Project would include restoration and
enhancement of both natural resources (e.g.,
riparian habitat) and public access along Froom
Creek. Amenities including a 6-foot-wide trail,
picnic benches, and trash facilities would be
located adjacent to the creek and would be
accessible to the public from public streets. Further,
implementation of MM BIO-1 through -8 would
ensure appropriate replacement of adversely
affected wetland and riparian habitat. However,
development of the Upper Terrace with units, roads
and driveways located proximate to Froom Creek
Froom Ranch Specific Plan 3.9-25
Draft EIR
3.9 LAND USE AND PLANNING
Table 3.9-4. City General Plan Policy Consistency Analysis (Continued)
Policy/Goal Summary Preliminary Consistency Finding Discussion
tributary and Drainages 1, 2, and 3 would disrupt
the natural environment and values of these
tributary drainages and their ability to sustain rare
plants and wildlife movement and access,
potentially inconsistent with the intent of this
policy. Mitigation is identified, including a
requirement for a comprehensive Biological
Mitigation and Monitoring Plan and HMMP, which
would increase the Project’s consistency with this
policy.
6.6.5 – Runoff
Reduction and
Groundwater
Recharge
The City shall require the use of methods to
facilitate rainwater percolation for roof areas
and outdoor hardscaped areas where practical
to reduce surface water runoff and aid in
groundwater recharge.
Potentially Consistent The Project includes BMPs, including use of
bioswales, rain gardens, and detention basins to
facilitate rainwater percolation, aid in groundwater
recharge, and reduce surface water runoff,
consistent with this policy.
6.6.6 –
Development
Requirements
The City shall require project designs that
minimize drainage concentrations and
impervious coverage. Floodplain areas
should be avoided and, where feasible, any
channelization shall be designed to provide
the appearance of a natural water course.
Potentially Consistent Project development would preserve approximately
54 percent of the site in open space, minimizing
impervious surfaces, and include rain gardens and
bioswales. Much of the area of proposed
development is currently located within a
floodplain; however, implementation of the Project
would elevate lower portions of the site and
reconfigure the floodplain such that no
development would occur in a designated
floodplain area. Froom Creek would be realigned
to confine the floodplain largely within the creek
channel outside developed areas and revegetated to
have the appearance of a natural water course
consistent with the intent of this policy.
6.6.7 – Discharge
of Urban
Pollutants
The City shall require appropriate runoff
control measures as part of future
development proposals to minimize
discharge of urban pollutants (such as oil and
grease) into area drainages.
Potentially Consistent
The Project identifies runoff control measures and
water quality treatment components that would
minimize or eliminate discharge of pollutants,
including oils, grease, erosion, and sedimentation.
In addition, all future development under the Draft
3.9-26 Froom Ranch Specific Plan
Draft EIR
3.9 LAND USE AND PLANNING
Table 3.9-4. City General Plan Policy Consistency Analysis (Continued)
Policy/Goal Summary Preliminary Consistency Finding Discussion
6.6.8 – Erosion
Control
Measures
The City shall require adequate provision of
erosion control measures as part of new
development to minimize sedimentation of
streams and drainage channels.
FRSP would be required to comply with the
Central Coast RWQCB’s Post Construction
Stormwater Requirements.
8.1.5 – SP-3,
Madonna on
LOVR Specific
Plan Area
The purpose of the specific plan is to provide
design flexibility that will secure the
appropriate development of the site while
protecting sensitive environmental resources
on the site. Development on the site should
be a compact, mixed-use project that
provides workforce housing options and
neighborhood commercial uses that support
pedestrian and bicycle access.
Potentially Inconsistent The Project would contain compact mixed-use
workforce housing and commercial development
within Madonna Froom Ranch. Senior housing and
support facilities and private neighborhood
commercial would be more dispersed within the
Lower Area and Upper Terrace of Villaggio.
Conceptual circulation plans are also designed to
support pedestrian and bicycle access within, to,
and from Madonna Froom Ranch and adjacent
commercial development. See Section 3.13,
Transportation. However, the Project would
include a General Plan Amendment to allow for
development above the 150-foot elevation, which
was not initially contemplated in the LUE. The
Upper Terrace would include new residences,
parking garages, roads and driveways constructed
within and immediately adjacent to
environmentally sensitive resources, including
native serpentine bunchgrass and wetland habitats,
serpentine rock outcroppings that support special
status plant species, and springs and seeps that
support wildlife movement. Therefore, the Project
would be potentially inconsistent with this policy.
See Section 3.4, Biological Resources.
9.7 – Sustainable
Design
The City shall promote, and where
appropriate, require sustainable building
practices that consume less energy, water and
other resources, facilitate natural ventilation,
use daylight effectively, and are healthy, safe,
comfortable, and durable.
Potentially Consistent The Project would provide passive heating,
utilization of renewable energy sources (e.g., wind,
solar), and incorporation of native and non-invasive
drought tolerant plant materials that would promote
and require implementation of sustainable design.
These actions would implement City sustainable
design policies and would comply with green 9.13 – Incentive
Program
The City shall consider the feasibility of
providing incentives for new and renovate
Potentially Consistent
Froom Ranch Specific Plan 3.9-27
Draft EIR
3.9 LAND USE AND PLANNING
Table 3.9-4. City General Plan Policy Consistency Analysis (Continued)
Policy/Goal Summary Preliminary Consistency Finding Discussion
projects that incorporate sustainable design
features such as constructing new buildings
that are solar ready, or off-setting significant
operational energy use through use of solar
water heating, photovoltaic systems,
geothermal or wind energy systems.
building certification on the City’s General Plan
COSE and Climate Action Plan.
Conservation and Open Space Element (COSE)
2.2.1 –
Atmospheric
Change
City actions shall seek to minimize
undesirable climate changes and
deterioration of the atmosphere’s protective
functions that result from the release of
carbon dioxide and other substances.
Potentially Consistent Buildout of the Draft FRSP would result in
substantial GHG generation during construction
and operation. Although bicycle and pedestrian
amenities and local-serving commercial uses would
be provided, the site’s distance from downtown and
lack of high-frequency transit routes inhibits
minimization of long-term GHG generation. See
Section 3.3, Air Quality and Greenhouse Gas
Emissions. Implementation of air quality mitigation
measures would reduce Project emissions below
adopted thresholds and minimize deterioration of
the atmosphere.
2.2.4 – Promote
walking, biking,
and use of public
transit use to
reduce
dependency on
motor vehicles
City actions shall seek to reduce dependency
on gasoline- or diesel-powered motor
vehicles and to encourage walking, biking,
and public transit use.
Potentially Consistent The Project is designed to enhance and provide for
multi-modal access within, to, and from the site.
The Project would facilitate the development of
new residences and mixed-use development
adjacent to existing developed commercial and
residential areas, supporting walkability and
reducing vehicle trip lengths to and from the home
and workplace.
3.2 – Historic
and Architectural
Resources
The City will expand community
understanding, appreciation, and support for
historic and architectural resource
preservation to ensure long-term protection
of cultural resources.
Potentially Consistent The Project would preserve historic buildings
within the Froom Ranch Historic District.
Consistent with MM CR-8, the Project would
develop and distribute an informational pamphlet
that documents the potential historic district and its
cultural and architectural heritage. The pamphlet
would highlight social (Froom family) and
industrial (dairy industry) factors relevant to the
3.9-28 Froom Ranch Specific Plan
Draft EIR
3.9 LAND USE AND PLANNING
Table 3.9-4. City General Plan Policy Consistency Analysis (Continued)
Policy/Goal Summary Preliminary Consistency Finding Discussion
property and region, and 500 free copies would be
distributed in local museums, heritage
organizations, and the trailhead park. After
distribution of physical copies, a digital copy of the
pamphlet would remain available.
3.3.1 – Historic
Preservation
Significant historic and architectural
resources should be identified, preserved,
and rehabilitated.
Potentially Inconsistent Implementation of MM CR-9 through -13 would
ensure relocation and restoration and/or
reconstruction of the four individually eligible
historical resources would conform with the
Secretary’s Standards, and MM CR-14 would
address potential for construction vibration to
disturb these buildings. Additionally, these
measures would lessen impacts to the potential
historic district by ensuring that relocation and
reconstruction of the main residence, dairy barn,
creamery, 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
portion of a historical resource represents an
irreversible change to the historical resource, the
Project may be inconsistent with these policies.
3.3.3 – Historical
Documentation
Buildings and other cultural features that are
not historically significant but which have
historical or architectural value should be
preserved or relocated where feasible. Where
preservation or relocation is not feasible, the
resources shall be documented and the
information retained in a secure but publicly
accessible location. An acknowledgement of
the resources should be incorporated within
the site through historic signage and the
reuse or display of historic material and
artifacts.
3.3.4 – Changes
to Historic
Buildings
Changes or additions to historically or
architecturally significant buildings should
be consistent with the original structure and
follow the Secretary of the Interior’s
Standards for the Treatment of Historic
Buildings. New buildings in historical
districts, or on historically significant sites,
should reflect the form, spacing and
neighborhood’s architectural character
should be maintained.
3.5.1 –
Archaeological
Resource
Protection
The City shall provide for the protection of
both known and potential archaeological
resources. To avoid significant damage to
important archaeological sites, all available
measures, including purchase of the property
Potentially Consistent The Specific Plan includes policies for the
protection of known and unknown pre-historic
cultural and archaeological resources. Policy 3.3.4
of the Specific Plan, once adopted, would
incorporate Section 4.30 of the City’s
Froom Ranch Specific Plan 3.9-29
Draft EIR
3.9 LAND USE AND PLANNING
Table 3.9-4. City General Plan Policy Consistency Analysis (Continued)
Policy/Goal Summary Preliminary Consistency Finding Discussion
in fee or easement, shall be explored at the
time of a development proposal. Where such
measures are not feasible and development
would adversely affect identified
archaeological or paleontological resources,
mitigation shall be required pursuant to the
Archaeological Resource Preservation
Program Guidelines.
Archaeological Resource Preservation Guidelines,
Mitigation Measures, and Avoidance by reference
to ensure the identification, protection, and
mitigation of archaeological resources occurs
consistent with adopted City standards. With
mitigation included in Section 3.4, Cultural and
Tribal Cultural Resources, the Project would have
less than significant effects on cultural resources
and the Project would be consistent with these
policies. 3.5.2 – Native
American Sites
All Native American cultural and
archaeological sites shall be protected as
open space wherever possible.
3.5.4 –
Archaeological
Sensitive Areas
Development within an archaeologically
sensitive area shall require a preliminary site
survey by a qualified archaeologist
knowledgeable in Native American cultures,
prior to a determination of the potential
environmental impacts of the project.
3.5.5 –
Archaeological
Resources
Present
Where a preliminary site survey finds
substantial archaeological resources, before
permitting construction, the City shall
require a mitigation plan to protect the
resources. Possible mitigation measures
include: presence of a qualified professional
during initial grading or trenching; project
redesign; covering with a layer of fill;
excavation removal and curation in an
appropriate facility under the direction of a
qualified professional.
3.5.6 – Qualified
Archaeologist
Present
Where substantial archaeological resources
are discovered during construction or
grading activities, all such activities in the
immediate area of the find shall cease until a
qualified archaeologist knowledgeable in
Native American cultures can determine the
3.9-30 Froom Ranch Specific Plan
Draft EIR
3.9 LAND USE AND PLANNING
Table 3.9-4. City General Plan Policy Consistency Analysis (Continued)
Policy/Goal Summary Preliminary Consistency Finding Discussion
significance of the resource and recommend
alternative mitigation measures.
3.5.7 – Native
American
Participant
Native American participation shall be
included in the City’s Guidelines for
resource assessment and impact mitigation.
Native American representatives should be
present during archaeological excavation and
during construction in an area likely to
contain cultural resources. The Native
American community shall be consulted as
knowledge of cultural resources expands and
as the City considered updates or significant
changes to its General Plan.
Potentially Consistent The City initiated consultation with the NAHC and
local interested Tribal agencies and representatives
on the presence of sensitive archaeological sites
and resources pursuant to SB 18 and AB 52. The
results of this consultation process have been
incorporated into the design of this Project, and
potential impacts to these sensitive sites and
resources would be avoided or mitigated through
implementation of MM CR-1 through --7, that
provide for monitoring during Project construction
and requirements for incidental discovery of
resources onsite, consistent with these policies. 3.5.8 –
Protection of
Native American
Cultural Sites
The City will ensure the protection of
archaeological sites that may be culturally
significant to Native Americans, even if they
have lost their scientific or archaeological
integrity through previous disturbance; sites
that may have religious value, even though
no artifacts are present; and sites that contain
artifacts which may have intrinsic value,
even though their archaeological context has
been disturbed.
4.3.4 – Use of
Energy-Efficient,
Renewable
Energy
Resources
The City will promote the use of cost
effective, renewable, non-depleting energy
sources wherever possible, both in new
construction projects and in existing
buildings and facilities.
Potentially Consistent The Draft FRSP provides policies promoting and
requiring implementation of sustainable design
including resource conservation and energy
efficiency requirements, photovoltaic systems, EV
charging stations, 100 percent use of carbon-free
energy supplies, and reductions in VMT to the
maximum extent feasible. These policies are
intended to align with City policies for sustainable
design and compliance with green building
certification, including the City’s goal for
achieving carbon neutrality by 2035, promoting
energy efficiency, and the use of renewable energy
supplies.
4.3.6 – Energy-
Efficient and
Green Building
in New
Development
The City shall encourage energy-efficient
“green buildings” as certified by the U.S.
Green Building Council’s Leadership in
Energy and Environmental Design (LEED)
Program or equivalent certification.
Froom Ranch Specific Plan 3.9-31
Draft EIR
3.9 LAND USE AND PLANNING
Table 3.9-4. City General Plan Policy Consistency Analysis (Continued)
Policy/Goal Summary Preliminary Consistency Finding Discussion
4.4.1 –
Pedestrian- and
Bicycle-friendly
Design
Residences, work places and facilities for all
other activities will be located and designed
to promote travel by pedestrians and
bicyclists.
Potentially Consistent The Draft FRSP would facilitate mixed-use
development adjacent to the Irish Hills Plaza and
other existing urban development. The Draft FRSP
land use and circulation plan promotes travel by
pedestrians and bicyclists both onsite and offsite by
providing a new sidewalk and bike lane along
LOVR, pedestrian connections to Irish Hills Plaza,
a new transit stop, and a new multi-use trail along
Froom Creek.
4.4.2 –
Alternative
Transportation
The City’s transportation and circulation
systems shall foster travel by modes other
than motor vehicles, including walking,
bicycles and public transit.
4.5.1 – Solar
Access
Standards
To encourage use of solar energy, reasonable
solar access shall be provided and protected.
The City will protect reasonable solar
exposure for existing collectors and likely
locations of future collectors, both active and
passive. Standards for the subdivision and
development of property should assure
desirable solar access.
Potentially Consistent Section 4.7 Energy Conservation & Sustainability
of the Draft FRSP provides site design and
development practices to maximize solar exposure
and opportunities for passive heating, cooling, and
lighting. Unwanted heat gain would be minimized
through implementation of FRSP policies,
encouraging the use of exterior shading devices,
skylights, daylighting controls, thermal mass
building components, natural ventilation, and
installation of high-performance glazing. FRSP
goals, policies, and regulations developed based on
the City’s COSE and Climate Action Plan would
require the use of photovoltaic solar collectors
where feasible to offset new energy demand.
Vegetation and topography onsite would permit
siting and development of solar collectors. No solar
collectors on adjacent properties would be shaded
as a result of Project implementation.
See Section 2.4.2, Project Design for a complete
list of Project sustainability features.
4.5.2 –
Subdivision
Design for Solar
Access
In subdivisions, the layout of streets and lots
shall provide and protect solar exposure. To
assure the maximum control over potential
shading features, the longest dimension of
each lot should be oriented within 30
degrees of south, unless the subdivider
demonstrates that for certain lots any of the
following applies:
The lots are large enough to allow desirable
solar access, regardless of lot orientation.
Buildings will be constructed as part of the
tract development, and the buildings will be
properly oriented, with adequate solar
access.
Topography makes variations from the
prescribed orientation desirable to reduce
grading or tree removal, or to take advantage
of a setting that would favor greater reliance
3.9-32 Froom Ranch Specific Plan
Draft EIR
3.9 LAND USE AND PLANNING
Table 3.9-4. City General Plan Policy Consistency Analysis (Continued)
Policy/Goal Summary Preliminary Consistency Finding Discussion
on early morning or late afternoon solar
exposure.
Topographical conditions, such as steep,
north-facing slopes or shading by the mass
of a hill, make solar energy infeasible.
The size of the subdivision, combined with
the existing orientation of surrounding
streets and lots, precludes desirable lot
orientation.
4.5.7 –
Unwanted Solar
Heat Gain
Sites and buildings should be designed to
avoid unwanted heat gain from solar
exposure. Features that provide shading at
suitable times of the day and year and
generally should be “passive” or automatic,
avoiding the need for occupants to regularly
monitor or adjust them.
4.6.8 – Energy
Efficient Project
Design
Encourage energy-efficient project design by
emphasizing use of daylight and solar
exposure, shading and natural ventilation, as
opposed to designing a particular image and
relying on mechanical systems to maintain
functionality and comfort. Educate City
staff, citizen advisers, developers and
designers on ways to exceed minimum state
energy standards.
4.6.9 – Solar
Access for New
Development
Address solar access in all plans needing
City discretionary approval, considering
both structures and vegetation. Shading by
vegetation is also subject to the California
Solar Shade Control Act. This act prohibits
the placement of vegetation that would shade
a solar collector on another’s property, if the
collector meets certain height and setback
criteria. The City will advise those seeking
permits for solar collectors to document
Froom Ranch Specific Plan 3.9-33
Draft EIR
3.9 LAND USE AND PLANNING
Table 3.9-4. City General Plan Policy Consistency Analysis (Continued)
Policy/Goal Summary Preliminary Consistency Finding Discussion
vegetation existing when the collector is
installed or built.
4.6.17 – Require
Solar Power for
New Dwellings
Within new single-family residential projects
of 20 or more dwelling units, 5 percent of
the total number of dwellings shall be built
with photovoltaic solar collectors beginning
in 2008; this percentage shall increase 4
percent each year until 2020. Multi-family
residential developments shall be exempt
from this requirement, except for common-
use facilities such as recreation rooms, spas,
or swimming pools. In these cases, the
common facilities shall be built with
photovoltaic solar collectors.
5.5.8 –
Recycling
Facilities in New
Development
Requires facilities in new developments to
accommodate and encourage recycling.
Potentially Consistent The Draft FRSP would designate communal
collection areas for trash, recycling, and food waste
material that would be accessible to municipal solid
waste collectors.
7.3.1 – Protect
Listed Species
City will comply with state and Federal
requirements for listed species; City will
protect listed species through its actions
on…development applications.
Potentially Inconsistent The Project would potentially impact two listed
species, the state and federally-listed endangered
Chorro Creek bog thistle and the federally-
threatened southern steelhead trout. Development
within the Upper Terrace would be located in close
proximity (as close as 15 to 20 feet) to populations
of the Chorro Creek bog thistle known to occur
within Drainages 1 and 2. Development footprints
may avoid direct impacts to known mapped
locations of this species; however, mass grading
and construction in such close proximity to this
endangered species has potential to result in loss of
individuals or take or this species. In addition, there
is a high potential for indirect loss of take during
construction and operation (e.g., landscape
maintenance, fire buffer clearance, resident
activities) as development would closely bracket
populations in Drainage 2 and be located near this
3.9-34 Froom Ranch Specific Plan
Draft EIR
3.9 LAND USE AND PLANNING
Table 3.9-4. City General Plan Policy Consistency Analysis (Continued)
Policy/Goal Summary Preliminary Consistency Finding Discussion
in Drainage 1. Mitigation is identified including
increased buffers and implementation of a
comprehensive Biological Mitigation and
Monitoring Plan, which would further the Project’s
consistency with this policy. However, this impact
could not be fully mitigated without major changes
to current development configuration within the
Upper Terrace. In addition, while potentially
providing long-term habitat improvement benefits,
construction activities during realignment of Froom
Creek could impact southern steelhead trout due to
inadvertent take; however, this impact could be
feasibly mitigated. Because impacts to the
endangered Chorro Creek bog thistle would be
significant and unavoidable, the Project would be
potentially inconsistent with this policy. See
Section 3.4 Biological Resources.
7.3.2 Species of
Local Concern
The City will:
Maintain healthy populations of native
species in the long term, even though they
are not listed for protection under State or
Federal laws. These “species of local
concern” are at the limit of their range in San
Luis Obispo, or threats to their habitat are
increasing.
Identify the location, habitat and buffer
needs of species of local concern. This
information will be developed by qualified
people early in the planning and
development review process.
Protect species of local concern through: its
actions on land use designations,
development standards, development
applications; the location, design,
construction, and maintenance of City
Potentially Inconsistent The Project site supports habitat for several listed
species of local concern, other special-status plants
and wildlife, as well as sensitive riparian, native
bunchgrass, and freshwater marsh habitats. A total
of seven plant species of local concern are known
to occur within the Upper Terrace generally above
the 150-foot elevation. Project development has the
potential to directly or indirectly adversely affect
these species, their range, and/or their habitat.
Although the conceptual land use plan attempts to
avoid direct removal of known locations of such
species, large-scale mass grading of the Upper
Terraces could lead to accidental or inadvertent
loss of such species while Project operation and
occupancy could lead to indirect losses as
residences, roads, parking areas, trails and other
uses areas would be interspersed among known
locations of such species, leading to potential
indirect impacts to such species through fire buffer
Froom Ranch Specific Plan 3.9-35
Draft EIR
3.9 LAND USE AND PLANNING
Table 3.9-4. City General Plan Policy Consistency Analysis (Continued)
Policy/Goal Summary Preliminary Consistency Finding Discussion
facilities; land that the City owns or
manages.
Encourage individuals, organizations, and
other agencies to protect species of local
concern within their areas of responsibility
and jurisdiction.
Protect sensitive habitat, including creeks,
from encroachment by livestock and human
activities.
and landscape management and human activities.
Further, while Froom Creek would be restored and
enhanced, development of the Upper Terrace
would directly and indirectly impact sensitive
creek, seep and spring habitats in Drainage 1, 2,
and 3, as well as native grassland habitats and
wetlands leading to long-term degradation of these
sensitive habitats. While FRSP policies and
mitigation measures in Section 3.4, Biological
Resources, would partially mitigate potential harm
or loss, impacts to species of local concern and
sensitive habitats would remain significant and
unavoidable. Therefore, the Project would be
potentially inconsistent with this policy.
7.3.3 – Wildlife
Habitat and
Corridors
Continuous wildlife habitat, including
corridors free of human disruption, shall be
preserved and where necessary, created by
interconnecting open spaces, wildlife habitat,
and corridors.
Potentially Inconsistent The Project would include development of housing,
roads, driveways, parking areas and walkways
within the Upper Terrace above the 150-foot
elevation. The Upper Terrace development would
be clustered between Drainages 1 and 3, closely
bracketing both sides of Drainage 2. This clustered
development would be linked to the Lower Area by
an approximately 1,000-foot-long private access
road and lighted walkways that would traverse the
proposed open space area. This road would be
traversed by hundreds of vehicles, pedestrians,
cyclists, and other users per day, with potential for
interruption of wildlife movement and increases in
vehicle strikes. Although substantial areas of open
space would be preserved and continue to be
accessible to wildlife in the Upper Terrace, the
development of medium and higher density
residential units with associated increased noise,
light, and activities in the middle of the proposed
open space adjacent to or astride three drainages
with perennial springs and seeps on the Upper
Terrace adjacent to Irish Hills Natural Reserve
3.9-36 Froom Ranch Specific Plan
Draft EIR
3.9 LAND USE AND PLANNING
Table 3.9-4. City General Plan Policy Consistency Analysis (Continued)
Policy/Goal Summary Preliminary Consistency Finding Discussion
would severely disrupt existing continuous wildlife
habitat. This development would introduce high
levels of human disruption in the middle of an
environmentally sensitive wildlife habitat, with
such development particularly inhibiting wildlife
access to key spring and seep water sources which
would be closely bordered by new residences.
Further, this would greatly increase potential for
urban-wildland conflicts related to trash
management, pesticide impacts to wildlife (e.g.,
rodenticide impacts to predators), predation of
domestic pets by, and/or adverse human interaction
with larger predators (e.g., coyotes, mountain
lions). Therefore, although the Project would
preserve substantial amounts of open space, its
value to wildlife would be diminished and the
Project would be potentially inconsistent with this
policy.
7.5.1 –
Protection of
Significant Trees
Significant trees, as determined by the City
Council upon the recommendation of the
Tree Committee, Planning or Architectural
Review Committee, are those making
substantial contributions to natural habitat or
to the urban landscape due to their species,
size, or rarity. Significant trees, particularly
native species, shall be protected. Removal
of significant trees shall be subject to the
criteria and mitigation requirements in
Chapter 8.6.3 [COSE Policy]. Oak
Woodland communities in the Greenbelt and
in open space areas shall be protected.
Potentially Consistent Mature native and non-native trees would be
potentially removed, trimmed, limbed, or otherwise
adversely affected through Project development.
Implementation of MM BIO-15 requiring daily
surveys during construction by a City-approved
arborist or qualified biologist would protect
remaining native trees by ensuring avoidance and
proper protection. Loss of native or riparian trees
would require replacement, and would ensure
individual discretionary actions mitigate for
impacts to significant trees. Refer to Section 3.4,
Biological Resources.
7.5.2 Use of
Native California
Plants in Urban
Landscaping
Landscaping should incorporate native plant
species, with selection appropriate for
location.
Potentially Consistent Draft FRSP policies would require that landscape
plans use native and non-invasive drought-tolerant
plant materials. These policies would require that
park landscaping consist primarily of drought-
tolerant trees, shrubs, and native grasses.
Froom Ranch Specific Plan 3.9-37
Draft EIR
3.9 LAND USE AND PLANNING
Table 3.9-4. City General Plan Policy Consistency Analysis (Continued)
Policy/Goal Summary Preliminary Consistency Finding Discussion
7.5.4 –
Preservation of
Grassland
Communities
and Other
Habitat Types
Grassland communities and other habitat
types in the Greenbelt and in designated
open space areas shall be preserved.
Potentially Inconsistent The majority of the serpentine bunchgrass
grassland onsite would be preserved within the
designated 59 acres of open space. MM BIO-1
through -8 would minimize disturbance of onsite
grassland habitats, but full replacement of 4.74
acres of directly impacted serpentine bunchgrass
grassland may be infeasible due to the difficulty of
reestablishing the full complement of conditions
and grasslands species. Therefore, impacts to this
sensitive habitat would be considered significant
and unavoidable. Therefore, the Project would be
potentially inconsistent with this policy.
7.5.5 – Soil
Conservation
and Landform
Modification
Public and private development projects
shall be designed to prevent soil erosion,
minimize landform modifications to avoid
habitat disturbance, and conserve and reuse
onsite soils.
Potentially Inconsistent The Project would involve significant landform
modification, including major grading on slopes
within the Upper Terrace above the 150-foot
elevation and realignment of 3,000 feet of Froom
Creek. Site grading would include approximately
379,200 cy of fill including 120,000 cy of import;
253,000 cy of cut would be reused and balanced
onsite. Although RWQCB permit requirements and
BMPs would minimize soil erosion during and
following construction, substantial areas of
sensitive wetland, riparian and native grassland
would be disturbed, damaged, or removed. While
much of this disturbed habitat would be restored
onsite or replaced offsite, long-term loss of 4.7
acres of native grassland habitat and potential
ongoing disturbance of wetlands, seeps and springs
in Drainages 1, 2, and 3 would not be fully
mitigated. While grading and development within
Madonna Froom Ranch and the Lower Area of
Villaggio would appear to be consistent with the
intent of this policy, development of the Upper
Terrace in areas above the 150-foot elevation
would require both substantial landform alteration
3.9-38 Froom Ranch Specific Plan
Draft EIR
3.9 LAND USE AND PLANNING
Table 3.9-4. City General Plan Policy Consistency Analysis (Continued)
Policy/Goal Summary Preliminary Consistency Finding Discussion
and disturbance of sensitive habitats. Therefore, the
Project would be inconsistent with this policy.
7.7.6 – Replace
Invasive, Non-
Native
Vegetation with
Native
Vegetation
The City and private development will
protect and enhance habitat by removing
invasive, non-native vegetation and by
replanting it with native California plant
species.
Potentially Consistent The Project would include habitat restoration,
designation of open space, and realignment of
Froom Creek that would involve removal of non-
native species and replanting with native
vegetation. Draft FRSP policies would require
existing invasive plants and noxious weeds
removal prior to landscape installation. See Section
3.4, Biological Resources.
7.7.7 – Preserve
Ecotones
Condition or modify development approvals
to ensure that “ecotones,” or natural
transitions along the edges of different
habitat types, are preserved and enhanced
because of their importance to wildlife.
Natural ecotones of particular concern
include those along the margins of riparian
corridors, marshlands, vernal pools, and oak
woodlands, where they transition to
grasslands and other habitat types
Potentially Inconsistent Project implementation would preserve ecotones
and/or natural transitions between the realigned
Froom Creek and the Calle Joaquin wetlands, as
well as portions of ecotones between Drainages 1,
2, and 3 and surrounding grasslands and between
oak woodlands and surrounding grasslands.
However, ecotones between the riparian woodlands
along the LOVR ditch, Calle Joaquin wetlands and
adjacent grasslands, between Drainage 2 and
adjacent grasslands and coastal sage scrub on the
Upper Terrace and grasslands, around the
confluence of Drainages 1, 2, and 3, and between
the realigned Froom Creek and adjacent grasslands
would be substantially reduced in extent or in some
cases eliminated. In particular, the Calle Joaquin
wetlands and realigned From Creek would be
isolated from grasslands and drainages in the Upper
Terrace. Therefore, the Project is potentially
inconsistent with the intent of this Policy.
7.7.8 – Protect
Wildlife
Corridors
Condition development permits in
accordance with applicable mitigation
measures to ensure that important corridors
for wildlife movement and dispersal are
protected. Features of particular importance
to wildlife include riparian corridors,
wetlands, lake shorelines, and protected
Potentially Inconsistent The Project would include development of housing,
roads, driveways, parking areas and walkways
within the Upper Terrace above the 150-foot
elevation contour. The Upper Terrace development
would be clustered between Drainages 1 and 3,
closely bracketing both sides of Drainage 2. This
clustered development would be linked to the
Froom Ranch Specific Plan 3.9-39
Draft EIR
3.9 LAND USE AND PLANNING
Table 3.9-4. City General Plan Policy Consistency Analysis (Continued)
Policy/Goal Summary Preliminary Consistency Finding Discussion
natural areas with cover and water. Linkages
and corridors shall be provided to maintain
connections between habitat areas.
Lower Area by an approximately 1,000-foot-long
private access road and lighted walkways that
would traverse the open space. This road would be
traversed by hundreds of vehicles, pedestrians,
cyclists, and other users per day, with potential for
interruption of wildlife movement and increases in
vehicle strikes. Although substantial areas of open
space would be preserved and continue to be
accessible to wildlife in the Upper Terrace, the
development of residential units with associated
increased noise, light and activities in the middle of
the proposed open space adjacent to or across three
drainages with perennial springs and seeps on the
Upper Terrace adjacent to Irish Hills Natural
Reserve would disrupt existing continuous wildlife
habitat. This development would introduce high
levels of human disruption in the middle of an
environmentally sensitive wildlife habitat, with
such development particularly inhibiting wildlife
access to key spring and seep water sources which
would be closely bordered by new residences.
Further, this would greatly increase potential for
urban-wildland conflicts related to trash
management, pesticide impacts to wildlife (e.g.,
rodenticide impacts to predators), and predation of
domestic pets by, and/or adverse human interaction
with larger predators (e.g., coyotes, mountain
lions). Therefore, although the Project would
preserve substantial amounts of open space, its
value to wildlife would be diminished and the
Project would be potentially inconsistent with this
policy.
7.7.9 – Creek
Setbacks
As further described in the Zoning
Regulations [Section 17.16.025], the City
will maintain creek setbacks to include: an
appropriate separation from the physical top
Potentially Consistent The Project would establish and maintain a
minimum 35-foot setback from the realigned
Froom Creek top of bank as set forth in City policy.
Planned 20-foot setbacks from Drainages 1, 2, and
3.9-40 Froom Ranch Specific Plan
Draft EIR
3.9 LAND USE AND PLANNING
Table 3.9-4. City General Plan Policy Consistency Analysis (Continued)
Policy/Goal Summary Preliminary Consistency Finding Discussion
of bank, the appropriate floodway as
identified in the Flood Management Policy,
native riparian plants or wildlife habitat, and
space for paths called for by any city-
adopted plan. In addition, creek setbacks
should be consistent with the following:
The following items should be no closer to
the wetland or creek than the setback line:
buildings, streets, driveways, parking lots,
aboveground utilities, and outdoor
commercial storage or work areas.
Development approvals should respect the
separation from creek banks and protection
of floodways and natural features identified
in Part A above, whether or not the setback
line has been established.
3, which are tributaries to Froom Creek, pursuant
to Policy 3.2.2 of the proposed FRSP, would be
insufficient to protect wildlife and endangered
plant habitat or long-term habitat viability,
particularly within Drainage 2. However, because
these tributary drainages are not flood hazards or
specifically identified in City Flood Management
Policy, the Project would be consistent within this
policy.
8.2.2 – Open
Space within the
Urban Area
Within the urban area, the City will secure
and maintain a diverse network of open land
encompassing particularly valuable natural
and agricultural resources, connected with
the landscape around the urban area.
Particularly valuable resources include:
A. Creek corridors, including open channels
with natural banks and vegetation.
C. Wetlands and vernal pools.
D. Undeveloped land within the Urban
Reserve not intended for urban uses.
E. Grassland communities and woodlands.
F. Wildlife habitat and corridors for the
health and mobility of individuals and of the
species.
G. The habitat of species listed as threatened
or endangered by the State or Federal
governments.
Potentially Inconsistent The Project would dedicate 59 acres as open space,
including the realigned Froom Creek corridor,
Calle Joaquin wetlands and grassland and other
habitats above the 150-foot elevation adjacent to
the Irish Hills Natural Reserve, which would
support diverse open space with valuable habitats.
However, while the Project would be consistent
with the majority of items listed in A-M, it would
diminish the value to onsite wildlife corridors (F)
as discussed under Policy 7.3.3 Wildlife Corridors
and Habitats, above, and result in significant and
unavoidable impacts to the serpentine bunchgrass
grasslands which correspond to the Nassella
pulchra Herbaceous Alliance, a unique plant
community, as well as impacting several species of
local concern as discussed under Policy 7.3.2
Species of Local Concern (M). Therefore,
development of the Project is potentially
inconsistent with this policy.
Froom Ranch Specific Plan 3.9-41
Draft EIR
3.9 LAND USE AND PLANNING
Table 3.9-4. City General Plan Policy Consistency Analysis (Continued)
Policy/Goal Summary Preliminary Consistency Finding Discussion
H. Prime agricultural soils and economically
viable farmland.
I. Groundwater recharge areas.
J. Historically open-space settings for
cultural resources, native and traditional
landscapes.
K. Hills, ridgelines and the Morros.
M. Unique plant and animal communities,
including “species of local concern.”
8.3.1 Open
Space within an
Urban Area
The City will preserve the areas listed in
Goal 8.2.2 (creek corridors, including open
channel with natural banks and vegetation,
wetlands and vernal pools, grassland
communities and woodlands, wildlife habitat
corridors, habitat of listed species, and
unique plant and animal communities
including “species of local concern”) and
will encourage individuals, organizations,
and other agencies to do likewise. The City
will designate these areas as Open Space or
Agriculture in the General Plan.
Potentially Inconsistent As discussed above, although consistent with the
intent of many factors listed in Policy 8.2.2, the
Project would diminish the value of wildlife
corridors and habitat onsite, impact six plant
species of local concern, and eliminate 4.7 acres of
the unique serpentine native bunchgrass habitat
community. Therefore, the Project would be
potentially inconsistent with this policy. Refer to
discussion of consistency with General Plan COSE
Policies 7.3.2, 7.3.3, and 7.5.4, above. Refer also to
Section 3.4, Biological Resources.
8.3.2 – Open
Space Buffers
When activities close to open space
resources within or outside the urban area
could harm them, the City will require
buffers between the activities and the
resources. Buffers associated with new
development shall be on the site of the
development, rather than on neighboring
land containing the open space resource.
Buffers shall be adequate for the most
sensitive species in the protected area, as
determined by a qualified professional and
shall complement the protected area’s
habitat values.
Potentially Inconsistent The City’s 1,110-acre Irish Hills Natural Reserve is
adjacent to the north and west of the Project site,
and supports a wide variety of sensitive plant and
animal species, including large predators such as
mountain lions, coyotes and bobcats. Though the
Project would incorporate a buffer between
development in much of the areas adjacent to the
Irish Hills Natural Reserve in the Upper Terrace
through the designation of open space, the Project
could impact open space resources within the Irish
Hills Natural Reserve through creation of
vegetation management fire buffers within the
Reserve and disruption of or impacts to sensitive
wildlife movement. The City has found that
management of vegetation to reduce fire hazards
3.9-42 Froom Ranch Specific Plan
Draft EIR
3.9 LAND USE AND PLANNING
Table 3.9-4. City General Plan Policy Consistency Analysis (Continued)
Policy/Goal Summary Preliminary Consistency Finding Discussion
within a buffer area of up to 100 feet in width
within the Irish Hills Natural Reserve would not
compromise or unduly impact open space or
wildlife resources. However, increased noise, light,
interruption of access to water sources (i.e., springs
and seeps) in Drainages 1, 2, and 3 and indirectly
through increased road kills, use of rodenticides or
pesticides and increased urban-wildland interface
conflicts (e.g., human or domestic pet-wildlife
interactions) as discussed under Policy 7.3.3 –
Wildlife Habitat and Corridors, above could impact
sensitive wildlife. Therefore, the Project is
potentially inconsistent with this Policy.
8.6.1 – Loss of
Open Space
The City may permit loss of an open space
resource as described in Goals 8.2.1 and
8.2.2 only when:
Preserving the resource would permanently
deprive the landowner of all reasonable use,
and acquisition by the City or a conservation
organization is not feasible, or
There is a demonstrated need, based on
public health, safety, or welfare, and there is
no practical alternative to loss of the
resource.
Consistent The Project site is not currently designated as open
space. Implementation of the Project would not
result in the direct loss of City open space;
however, as described in Section 3.7, Hazards,
Hazardous Materials, and Wildfire,
implementation of the Project has the potential to
result in the disturbance of habitat and vegetation
within designated open space areas of the Irish
Hills Natural Reserve through compliance with
state-mandated defensible space requirements.
Impacts associated with the disturbance of these
open space areas would be mitigated through
implementation of MM HAZ-2. Refer to Section
3.7, Hazards, Hazardous Materials, and Wildfire.
8.6.3.G –
Required
Mitigation
Any development that is allowed on a site
designated as Open Space or Agriculture, or
containing open-space resources, shall be
designed to minimize its impacts on open
space values on the site and on neighboring
land.
Hillside development shall comply with the
standards of the LUE, including
minimization of grading for structures and
Potentially Consistent Although the Project site is not currently
designated as open space, the LUCE Special Focus
Area SP-3 requires preservation of a minimum of
50 percent of the site as open space and notes the
one purpose of FRSP is to provide flexibility that
will secure the appropriate development of the site
while protecting sensitive environmental resources.
Based on City policy, sensitive resources on the
Project site include sensitive habitats and plant
Froom Ranch Specific Plan 3.9-43
Draft EIR
3.9 LAND USE AND PLANNING
Table 3.9-4. City General Plan Policy Consistency Analysis (Continued)
Policy/Goal Summary Preliminary Consistency Finding Discussion
access, and use of building forms, colors,
and landscaping that are not visually
intrusive (See also Chapter [COSE Policy]
9.21.1).
Creek corridors, wetlands, grassland
communities, other valuable habitat areas,
archaeological resources, agricultural land,
and necessary buffers should be within their
own parcel, rather than divided among
newly created parcels. Where creation of a
separate parcel is not practical, the resources
shall be within an easement. The easement
must clearly establish allowed uses and
maintenance responsibilities in furtherance
of resource protection.
species, wildlife corridors, slopes, historic
structures, and open space resources. Proposed
housing development would minimize aesthetic
impacts to existing open space or agriculture
through compliance with the LUE, including use of
landscaping, building forms, and colors that are not
visually intrusive. The Project would not include
subdivisions on the underlying parcel, and the
existing 7.1-acre agricultural easement would be
reconfigured predominantly within the site and
maintained through dedication of land or payment
of in-lieu fees.
8.7.2.C –
Enhance and
Restore Open
Space
Remove invasive, non-native species in
natural habitat areas, and prevent the
introduction or spread of invasive, non-
native species and pathogens.
Potentially Consistent The Project would include habitat restoration
efforts through designation of open space and
realignment of Froom Creek that would involve
removal of non-native species and planting of
native vegetation. The Draft FRSP includes
policies which would require the removal of
existing invasive plants and noxious weeds prior to
landscape installation.
9.2.1 – Views to
and from public
places, including
scenic roadways
Preserve and improve views of important
scenic resources from public
places...including streets and roads.
Potentially Inconsistent Proposed development would impact scenic public
views and community character, particularly as
experienced from highly scenic public trails within
the Irish Hills Natural Reserve, and views from
public roads towards the Irish Hills. Existing
development and riparian vegetation along the
borders of the Project site would largely shield
views of the Project from LOVR, and the Project
would generally blend-in or be consistent with
surrounding development when viewed from public
roads. However, as discussed in Section 3.1,
Aesthetics, views from scenic trails and vista points
within the Irish Hills Natural Reserve looking
3.9-44 Froom Ranch Specific Plan
Draft EIR
3.9 LAND USE AND PLANNING
Table 3.9-4. City General Plan Policy Consistency Analysis (Continued)
Policy/Goal Summary Preliminary Consistency Finding Discussion
down on the Upper Terrace and adjacent areas of
Madonna Froom Ranch would be significantly
impacted as a result of the Project. Therefore, the
Project would be potentially inconsistent with this
policy.
9.3.6 – View
blockage along
scenic highways
Determine that view blockage along scenic
roadways is a significant impact.
Potentially Consistent The section of LOVR adjacent to the Project site is
designated as having a moderate scenic value and
the LOVR Overpass is designated as having high
scenic value. U.S. 101 is not designated as a state
scenic highway in the vicinity of the Project,
though it is eligible. Views of the Project site are
currently limited from both of these roadways and
would remain intermittent after development of the
Project. Impacts to scenic views along these
roadways were considered less than significant and
the Project would be consistent with this policy.
10.1.3 – Water
Quality
Protect and maintain water quality in
aquifers, Laguna Lake, streams, and
wetlands that supports all beneficial uses,
agriculture, and wildlife habitat.
Potentially Consistent The Draft FRSP includes BMP strategies and
policies including the use of bioswales, rain
gardens, and detention basins to facilitate rainwater
percolation and reduce surface water runoff to
manage stormwater and runoff onsite. the Project
would be subject to RWQCB regulations and
permitting requiring implementation of BMPs for
erosion control during and following site
construction.
10.2.1 – Water
Quality
The City will employ the best available
practices for pollution avoidance and
control, and will encourage others to do
likewise. “Best available practices” means
behavior and technologies that result in the
highest water quality, considering available
equipment, life-cycle costs, social and
environmental side effects, and the
regulations of other agencies.
10.2.2 –
Ahwahnee Water
Principles
In planning for its water operations,
programs and services, the City will be
guided by the Ahwahnee Water Principles
and will encourage individuals,
organizations, and other agencies to follow
these policies:
Potentially Consistent The Project would generate additional long-term
demands on City water supplies, but the Draft
FRSP contains goals, policies, and regulations
derived from the City’s COSE and Climate Action
Plan that would ensure consistency with this
policy. These policies include the use of natural
Froom Ranch Specific Plan 3.9-45
Draft EIR
3.9 LAND USE AND PLANNING
Table 3.9-4. City General Plan Policy Consistency Analysis (Continued)
Policy/Goal Summary Preliminary Consistency Finding Discussion
A. Community design should be compact,
mixed-use, walkable and transit-oriented so
that automobile generated urban runoff
pollutants are minimized and the open lands
that absorb water are preserved to the
maximum extent possible.
B. Natural resources such as wetlands, flood
plains, recharge zones, riparian areas, open
space, and native habitats should be
identified, preserved and restored as valued
assets for flood protection, water quality
improvement, groundwater recharge, habitat,
and overall long-term water resource
sustainability.
C. Water holding areas such as creekbeds,
recessed athletic fields, ponds, cisterns, and
other features that serve to recharge
groundwater, reduce runoff, improve water
quality and decrease flooding should be
incorporated into the urban landscape.
D. All aspects of landscaping from the
selection of plants to soil preparation and the
installation of irrigation systems should be
designed to reduce water demand, retain
runoff, decrease flooding, and recharge
groundwater.
E. Permeable surfaces should be used for
hardscape. Impervious surfaces such as
driveways, streets, and parking lots should
be minimized so that land is available to
absorb storm water, reduce polluted urban
runoff, recharge groundwater and reduce
flooding.
F. Dual plumbing that allows grey water
from showers, sinks and washers to be
reused for landscape irrigation should be
features (e.g., bioswales, retention basins) to
manage stormwater onsite, native and non-invasive
drought tolerant landscaping, high-efficiency
appliances, and use of recycled water in irrigated
areas within the residential and commercial zones.
Project construction would entail expansion of
onsite natural water retention features. Froom
Creek and associated riparian would be realigned
and expanded along the eastern border of the
Project site, and would direct stormwater flows to a
4.5-acre stormwater detention basin located offsite
within the Mountainbrook Church easement. This
proposed stormwater detention basin would include
storage capacity for up to 22 acre-feet of
stormwater and would allow for percolation and
recharge of underlying groundwater.
3.9-46 Froom Ranch Specific Plan
Draft EIR
3.9 LAND USE AND PLANNING
Table 3.9-4. City General Plan Policy Consistency Analysis (Continued)
Policy/Goal Summary Preliminary Consistency Finding Discussion
included in the infrastructure of new
development, consistent with State
guidelines.
G. Community design should maximize the
use of recycled water for appropriate
applications including outdoor irrigation,
toilet flushing, and commercial and
industrial processes. Purple pipe should be
installed in all new construction and
remodeled buildings in anticipation of the
future availability of recycled water.
H. Urban water conservation technologies
such as low-flow toilets, efficient clothes
washers, and more efficient water-using
industrial equipment should be incorporated
in all new construction and retrofitted in
remodeled buildings.
I. Ground water treatment and brackish
water desalination should be pursued when
necessary to maximize locally available,
drought-proof water supplies.
Housing Element (HE)
2.3 For housing to qualify as "affordable" under
the provisions of this Element, guarantees
must be presented that ownership or rental
housing units will remain affordable for the
longest period allowed by State law, or for a
shorter period under an equity-sharing or
housing rehabilitation agreement with the
City.
Potentially Consistent While final details would be determined through
Project permitting, 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.
Froom Ranch Specific Plan 3.9-47
Draft EIR
3.9 LAND USE AND PLANNING
Table 3.9-4. City General Plan Policy Consistency Analysis (Continued)
Policy/Goal Summary Preliminary Consistency Finding Discussion
2.4 Encourage housing production for all
financial strata of the City's population, in
the proportions shown in the Regional
Housing Needs Allocation, for the 2014 -
2019 planning period. These proportions are:
extremely low income, 12 percent, very low
income, 12 percent; low income, 16 percent;
moderate income, 18 percent; and above
moderate income, 42 percent.
Potentially Consistent The Project proposes development of a variety of
residential housing with a minimum of 5 percent
low- and 10 percent moderate-income affordable
dwelling units in accordance with the Expansion
Area Inclusionary Housing Requirements. In other
words, 15 percent of the total units would be
subject to resale and rental restrictions to address
low- and moderate-income household needs within
the City. The Project would also develop 404 units
of senior housing meeting key General Plan HE
objectives.
4.2 Include both market-rate and affordable
units in apartment and residential
condominium projects and intermix the
types of units. Affordable units should be
comparable in size, appearance and basic
quality to market-rate units.
Potentially Consistent 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. The Project The FRSP states
that an affordable housing project is proposed on a
portion of the proposed R-4 site near Los Osos
Valley Road.
Noise Element (NE)
1.3 – New
Development
Design and
Transportation
Noise Sources
New noise-sensitive development shall be
located and designed to meet the maximum
outdoor and indoor noise exposure levels of
Table 2.
Potentially Consistent Implementation of mitigation measures would
reduce exterior and interior noise levels for
residential uses resulting from noise sources to
acceptable levels defined by the General Plan NE
Table 2 (See Section 3.10, Noise).
1.4 – New
Transportation
Noise Sources
Noise created by new transportation noise
sources shall be mitigated to not exceed
City-specified indoor and outdoor maximum
noise exposure levels.
Potentially Consistent Implementation of mitigation measures would
reduce exterior and interior noise levels for
residential uses resulting from noise sources to
acceptable levels defined by the General Plan NE
Table 2 (See Section 3.10, Noise).
1.6 – New
Development
and Stationary
Noise Sources
New development of noise-sensitive land
uses may be permitted only where location
or design allow the development to meet the
standards of Table 2 for existing stationary
noise sources.
Potentially Consistent Implementation of mitigation measures would
reduce exterior and interior noise levels for
residential uses resulting from noise sources to
acceptable levels defined by the General Plan NE
Table 2 (See Section 3.10, Noise).
3.9-48 Froom Ranch Specific Plan
Draft EIR
3.9 LAND USE AND PLANNING
Table 3.9-4. City General Plan Policy Consistency Analysis (Continued)
Policy/Goal Summary Preliminary Consistency Finding Discussion
1.7 – New or
Modified
Stationary Noise
Sources
Noise generated by new stationary sources,
or by existing stationary noise sources which
undergo modifications that may increase
noise levels, shall be mitigated so as not to
exceed the exposure standards for lands
designated for noise-sensitive uses, as
measured at the property line of the receiver.
The City’s NE lists mitigation strategies in a
descending order of desirability. If preferred
strategies are not implemented, it is the
responsibility of the Applicant to
demonstrate through a detailed noise study
that the more desirable approaches are either
not effective or not practical, before
considering other design criteria contained in
the General Plan.
Potentially Consistent Implementation of mitigation measures would
reduce exterior and interior noise levels for
residential uses resulting from noise sources to
acceptable levels defined by the General Plan NE
Table 2 (See Section 3.10, Noise).
1.10 – Existing
and Cumulative
Impacts
The City shall consider mitigation where
existing or cumulative increases in noise
levels significantly impact noise-sensitive
land uses, including rerouting traffic, noise
barriers, reducing traffic speed, retrofitting
buildings, and exaction of fees.
Potentially Consistent The Project would result in short-term construction
noise impacts but would not significantly
contribute to existing surrounding noise levels.
Long-term FRSP residential buildout would not
result in a considerable contribution to cumulative
significant noise impacts due to the Project’s
negligible contribution to the cumulative noise
environment. See Section 3.10, Noise.
Safety Element (SE)
2.1 – Flood
Hazard
Avoidance and
Reduction
C. No new building or fill should encroach
beyond, or extend over, the top-of-bank of
any creek.
E. Within new development areas, such as
the potential expansion areas shown in
Figure 2 of the LUE, substantial
displacement of flood waters should be
avoided by:
1. Keeping a substantial amount of flood-
prone land in the vicinity as open space;
Potentially Consistent The Project would include a major realignment of
Froom Creek through the Specific Plan area and
the confinement of the flood waters to the newly
widened channel of Froom Creek, the Calle
Joaquin wetlands, and the proposed Mountainbrook
Church flood detention basin. Currently flood-
prone lands would be removed from the floodplain
and become available for development. New
buildings would be sited a minimum of 35 feet
from the top of the bank of Froom Creek and
located above the 100-year flood level; creek
Froom Ranch Specific Plan 3.9-49
Draft EIR
3.9 LAND USE AND PLANNING
Table 3.9-4. City General Plan Policy Consistency Analysis (Continued)
Policy/Goal Summary Preliminary Consistency Finding Discussion
2. Enlarging man-made bottlenecks, such as
culverts, which contribute to flood waters
backing up from them;
3. Accommodating in such places uses
which have relatively low ratios of building
coverage to site area, for which shallow
flooding of parking and landscape areas
would cause minimum damage.
4. Requiring new buildings to be constructed
above the 100-year flood level.
F. Creek alterations shall be considered only
if there is no practical alternative, consistent
with the COSE.
G. Development close to creeks shall be
designed to avoid damage due to future
creek bank erosion. Property owners shall be
responsible for protecting their
developments from damage caused by future
bank loss due to flood flows.
channelization and realignment are necessary to
accommodate development of the site as proposed
in the Draft FRSP and alleviate the bottleneck and
capacity constraints at the U.S. 101 box-culvert.
The Project would be consistent with the intent of
this policy to minimize or avoid flood hazards.
Refer to Section 3.4, Biological Resources, and
Section 3.8, Hydrology and Water Quality.
3.0 – Adequate
Fire Service
Development shall be approved only when
adequate fire suppression services and
facilities are available or will be made
available concurrent with development,
considering the setting, type, intensity, and
form of the proposed development.
Potentially Consistent The Specific Plan area is within the acceptable 4-
minute response time for fire protection services.
The SLOFD has reviewed the Project has and
determined that adequate fire suppression services
and facilities are available to serve the Project. See
Section 3.12, Public Services and Recreation.
3.1 – Wildland
Fire Safety
F. Wildland fire hazard severity zones shall
be classified as prescribed by CAL FIRE.
Areas within the City, including “Very
High” Fire Hazard Severity Zones, if any,
shall be classified by the City’s Fire Code
Official based on findings supported by
substantial evidence in the record as required
by Government Code Section 51179 and
considered by City Council at a public
hearing. Meaningful, early notification and
Consistent The Lower Area and Upper Terrace (a total of
approximately 97 acres) are designated as a
Moderate FHSZ, and the highest elevation area (of
approximately 13 acres) is located within a Very
High FHSZ. No development would be constructed
within the Very High FHSZ (refer to Figure 3.7-1).
The Project does not propose a new subdivision
within areas of Very High FHSZ. The Very High
FHSZ would be designated and preserved for open
space. As discussed in Section 3.7, Hazards,
Hazardous Materials, and Wildfire, a 100-foot-
3.9-50 Froom Ranch Specific Plan
Draft EIR
3.9 LAND USE AND PLANNING
Table 3.9-4. City General Plan Policy Consistency Analysis (Continued)
Policy/Goal Summary Preliminary Consistency Finding Discussion
input shall be obtained from nearby
neighborhoods which may be affected.
G. New subdivisions shall be prohibited in
areas of “Very High” wildland fire hazard
unless part of conservation or open space
acquisition program. Development of
existing parcels shall require a development
plan to manage fuels, maintain a buffer zone,
and provide adequate fire protection to the
approval of the Chief Building Official. The
development plan must be consistent with
Policies required by the City’s COSE.
H. The City of San Luis Obispo is
considered a “Community at Risk” due to
the threat of wildfire impacting the urban
community. The City shall continue to
enhance the fire safety and construction
codes for new buildings in order to reduce
the risk of urban fires that may result from
wildfires. Citywide building code
enhancements should include: Fire resistant
exterior wall coverings; Sprinkler protection
in attic areas; and Ember resistant vent
systems for attics and under floor areas and
other provisions identified in CBC Chapter
7A.
wide vegetation and fuel management buffer would
be required around all new development and
implementation of mitigation requiring fire
reduction practices and management strategies
would reduce fire hazards to a less than significant
level.
4.5 – Avoiding
Faults
Development shall not be located atop
known faults. Applications for the following
types of discretionary approvals within 100
meters (330 feet) of any fault that is
previously known or discovered during site
evaluation shall be subject to review and
recommendation by a State-registered
engineering geologist: change to a more
intensive land-use designation; subdivision
into five or more parcels; development of
Potentially Consistent 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 fault lines would cross residential (R-3-SP),
open space (C/OS-SP), and public facility (PF-SP)
land uses. The Draft FRSP and land use plan would
incorporate recommendations of the site-specific
subsurface fault investigation. FRSP buildout
would incorporate required setbacks of buildings
from faults identified in the subsurface
Froom Ranch Specific Plan 3.9-51
Draft EIR
3.9 LAND USE AND PLANNING
Table 3.9-4. City General Plan Policy Consistency Analysis (Continued)
Policy/Goal Summary Preliminary Consistency Finding Discussion
multifamily, commercial, industrial, or
institutional buildings.
investigation and outlined in Section 3.2.3, Fault
Lines, of the Draft FRSP. No development would
be located atop any known faults. See Section 3.6,
Geology and Soils.
4.6 – Avoiding
Slope Instability
Development shall not be located on or
immediately below unstable slopes, or
contribute to slope instability. Any
development proposed in an area of
moderate or high landslide potential shall be
subject to review and recommendation by a
State-registered engineering geologist.
Consistent The non-seismic landslide potential at the Project
site is considered to be low based on site-specific
geological investigations prepared for the Project.
The Draft FRSP incorporates site-specific geologic
investigation recommendations regarding slope
stability and liquefaction. Incorporation of these
recommendations would reduce potential for
structural damage and risk from slope instability or
liquefaction to a less than significant level. See
Section 3.6, Geology and Soils.
4.7 – Avoiding
Liquefaction
Hazards
Development may be located in areas of
high liquefaction potential only if a site-
specific investigation by a qualified
professional determines that the proposed
development will not be at risk of damage
from liquefaction. The Chief Building
Official may waive this requirement upon
determining that previous studies in the
immediate area provide sufficient
information.
9.3 Program –
Response
Performance
Standards
The City will evaluate fire-flow capacities
and identify deficiencies through testing and
modeling of the water system. For identified
deficiencies, the Utilities Department will
propose remedies to meet recommended
service levels based on Insurance Service
Organization ratings and other objective
criteria.
Potentially Consistent The Project would provide adequate water flow per
adopted City standards. See Section 3.14, Utilities
and Energy Conservation.
Water and Wastewater Management Element (WWME)
2.1.7 –
Annexation
Criteria
Allows annexation of areas outside City
limits if they are infill areas with access to
existing City wastewater service.
Potentially Consistent Following annexation to the City, the Project
would be located within City limits and the City’s
URL; access to existing City services including
water and wastewater would be available. See
Section 3.14, Utilities and Energy Conservation.
3.9-52 Froom Ranch Specific Plan
Draft EIR
3.9 LAND USE AND PLANNING
Table 3.9-4. City General Plan Policy Consistency Analysis (Continued)
Policy/Goal Summary Preliminary Consistency Finding Discussion
B 2.2.2 – Service
Capacity
The City's wastewater collection system and
Water Reclamation Facility shall support
population and related service demands
consistent with the General Plan.
Potentially Consistent
The City’s WRRF has adequate capacity to
accommodate dry-weather wastewater flows
generated by the Project; however, peak
wastewater flows may exceed the WRRF capacity
under wet-weather conditions. The Project would
also contribute to cumulative capacity constraints
experienced at the Laguna lift station. However, the
Project, like similar cumulative development
within the City and serviced by these facilities,
would be required to pay fair share fees towards the
improvement of these facilities. See Section 3.14,
Utilities and Energy Conservation
B 2.2.3 –
Wastewater
Service for New
Development
New development shall pay its proportionate
or “fair share” of expanded treatment and
collection system capacity and upgrades.
New development will only be permitted if
adequate capacity is available within the
wastewater collection system and/or Water
Reclamation Facility.
Circulation Element (CE)
1.7.2 – Promote
Alternative
Forms of
Transportation
Complete a network of bicycle lanes and
paths, sidewalks and pedestrian paths within
existing developed parts of the City and
extend the system to serve new growth
areas; and complete improvements to the
city's transit system serving existing
developed areas and provide service to new
growth areas.
Potentially Consistent The proposed circulation system provides for
development of pedestrian, bicycle, and transit
facilities and the connection to existing facilities.
See Section 3.13, Transportation.
3.1.7 – Transit
Service Access
New development should be designed to
facilitate access to transit service.
Potentially Consistent The Project would include installation of a bus stop
and facilitation of the extension of bus service to
the Specific Plan area. However, the Project site is
located at the southwestern extent of the City and
far removed from high-transit service areas. Transit
demand within the vicinity of the Project is
considered low. Implementation of the Project
would increase demand for transit services within
the vicinity of the Project site. However,
implementation of identified mitigation would
ensure adequate transit service is provided. Refer
to Section 3.13, Transportation.
4.1.4 – New
Development
The City shall require that new development
provide bikeways, secure bicycle storage,
Potentially Consistent The Project would provide dedicated bikeways and
would be required to provide bicycle parking per
Froom Ranch Specific Plan 3.9-53
Draft EIR
3.9 LAND USE AND PLANNING
Table 3.9-4. City General Plan Policy Consistency Analysis (Continued)
Policy/Goal Summary Preliminary Consistency Finding Discussion
parking facilities and showers consistent
with City plans and development standards.
When evaluating transportation impacts, the
City shall use a Multimodal Level of Service
analysis.
the City Municipal Code Section 17.16.060, which
mandates that bicycle parking equal to 15 percent
of vehicle parking be provided. The Project would
complete an important gap in the planned regional
Class II bicycle lane along LOVR. See Section
3.13, Transportation.
5.1.2 –
Sidewalks and
Paths
The City should complete a continuous
pedestrian network connecting residential
areas with major activity centers as well as
trails leading into City and County open
spaces.
Consistent The Project would include fully developed
pedestrian facilities within the Specific Plan area
and connections to adjacent development,
including Irish Hills Plaza though the proposed
emergency access connection to Irish Hills Plaza,
LOVR frontage improvements, and mitigation
requiring improvements to pedestrian and bicycle
facilities See Section 3.13, Transportation.
5.1.4 –
Pedestrian
Access
New or renovated commercial and
government public buildings shall provide
convenient pedestrian access from nearby
sidewalks and pedestrian paths, separate
from driveways and vehicle entrances.
Potentially Consistent Sidewalks and pedestrian pathways separate from
driveways and/or vehicle entrances are proposed to
connect residential and commercial development of
the Specific Plan area to the Irish Hills Plaza, along
Froom Creek, to the Irish Hills Natural Reserve and
between the Upper Terrace and Lower Area of
Villaggio. Proposed pedestrian connections would
provide convenient pedestrian access through the
site and to adjacent development. See Section 3.13,
Transportation.
15.1.2 –
Development
along Scenic
Routes
The City will preserve and improve views of
important scenic resources from streets and
roads. Development along scenic roadways
should not block views or detract from the
quality of views.
Potentially Consistent Development of the Project would change the
visual character of the area as viewed from the Irish
Hills Natural Reserve. However, important public
views from proximate streets and roads across the
Project site would be preserved by development
setbacks from LOVR and the reestablishment of
riparian vegetation along the LOVR ditch. See
Section 3.1, Aesthetics.
3.9-54 Froom Ranch Specific Plan
Draft EIR
3.9 LAND USE AND PLANNING
Table 3.9-4. City General Plan Policy Consistency Analysis (Continued)
Policy/Goal Summary Preliminary Consistency Finding Discussion
Parks and Recreation Element (PRE)
3.13.1 – Parks
System
The City shall develop and maintain a park
system at a rate of 10 acres of parkland per
1,000 residents. Five acres shall be dedicated
as a neighborhood park. The remaining five
acres required under the 10 acres per 1,000
residents in the residential annexation policy
may be located anywhere within the City’s
park system as deemed appropriate.
Potentially Consistent Implementation of mitigation providing for and
maintaining 12.31 acres of parkland, including 6.16
acres developed as a neighborhood park, would
ensure consistency with this policy.
The Project would provide a 2.9-acre trailhead park
including benches, picnic tables, and a playground
that are characteristic of a neighborhood park as
defined by the City’s PRE and are within a 0.5- to
1.0-mile walking distance from all new residences. 3.15 –
Neighborhood
Parks
- San Luis Obispo residents shall have
access to a neighborhood park within 0.5 to
1.0-mile walking distance of their residence.
-All residential annexation areas shall
provide developed neighborhood parks at the
rate of five acres per 1,000 residents.
-In neighborhoods where existing parks do
not adequately serve residents, mini-parks
may be considered.
Sources: City of San Luis Obispo 1996; 2006; 2014b; 2014a; 2014c; 2015; 2018.
Froom Ranch Specific Plan 3.9-55
Draft EIR
3.9 LAND USE AND PLANNING
Table 3.9-5. County General Plan Policy Consistency Summary
Policy/Goal Summary Consistency Finding Discussion
Goal BR5 Wetlands will be preserved, enhanced, and
restored.
Potentially Consistent The Project proposes to relocate an existing 3.2-
acre detention basin to an approximately 4.5-acre
proposed stormwater detention basin within the
Mountainbrook Church easement outside of the
Specific Plan area. This area would remain under
the jurisdiction of the County following
annexation of the Specific Plan area to the City as
part of the Project. Development of the proposed
stormwater detention basin has potential to affect
wetlands, riparian, and grassland habitats. Impact
associated with this aspect of the Project could be
reduced through protection, avoidance, or
restoration of habitat. Once constructed, the
proposed stormwater detention basin would not
inhibit wildlife movement through this portion of
the site. Development of the proposed stormwater
detention basin in this area would not significantly
adversely affect views of the natural landscape
from rural areas of the County. See Section 3.4,
Biological Resources.
Policy BR 1.1-
Protect Sensitive
Biological
Resources
Protect sensitive biological resources such as,
wetlands, migratory species of the Pacific
flyway, and wildlife movement corridors
through:
1. environmental review of proposed
development applications, including
consideration of cumulative
impacts,
2. participation in comprehensive
habitat management programs with
other local and resource agencies,
and
3. acquisition and management of
open space lands that provide for
permanent protection of important
natural habitats.
Policy BR 1.15
Restrict
Disturbance in
Sensitive Habitat
during Nesting
Season
Avoid impacts to sensitive riparian corridors,
wetlands, and coastal areas to protect bird-
nesting activities.
Policy BR 1.10-
Identify and
Protect
Ecologically
Sensitive Areas
Protect and enable management of
ecologically sensitive areas to the maximum
extent feasible.
Policy BR 1.11
Protect Wildlife
Nursery Areas
and Movement
Corridors
Identify, protect, and enable the management
of connected habitat areas for wildlife
movement. Features of particular importance
to wildlife for movement may include, but
are not limited to, riparian corridors,
3.9-56 Froom Ranch Specific Plan
Draft EIR
3.9 LAND USE AND PLANNING
Table 3.9-5. County General Plan Policy Consistency Summary (Continued)
Policy/Goal Summary Consistency Finding Discussion
shorelines of the coast and bay, and
ridgelines. Identification and designation of
wildlife corridors will not interfere with
agricultural uses on private lands. (Refer to
AGP 29 in the Agriculture Element).
Goal VR1 The natural and agricultural landscape will
continue to be the dominant view in rural
parts of the county.
Policy VR 7.1
Nighttime Light
Pollution
Protect the clarity and visibility of the night
sky within communities and rural areas, by
ensuring that exterior lighting, including
streetlight projects, is designed to minimize
nighttime light pollution.
Potentially Consistent Exterior lighting would not be erected within the
proposed stormwater detention basin area.
Therefore, the Project would be consistent with
this policy.
Froom Ranch Specific Plan 3.9-57
Draft EIR
3.9 LAND USE AND PLANNING
3.9.4 Environmental Impact Analysis
3.9.4.1 Thresholds of Significance
Appendix G of the State CEQA Guidelines states that a project would have a significant
impact on land use if it would:
a) Physically divide an established community; or
b) Cause a significant environmental impact due to a conflict with any land use plan,
policy, or regulation adopted for the purpose of avoiding or mitigating an
environmental effect;
Non-Applicable Threshold(s)
1) Threshold (a) (Divide an established community): The Project would not physically
divide an established community based on the lack of residential land uses within
the Specific Plan area as the site is bordered by existing agricultural and industrial
land.
3.9.4.2 Impact Assessment Methodology
Sources of land use information reviewed for this analysis include the LUCE Update and
associated EIR; the City and County General Plan; SLOCOGRTP/SCS; the ALUP; the
Airport Land Use Compatibility Report (Johnson Aviation 2014); and the Draft FRSP, as
well as available geographic data provided by the City and County Geographic Information
Systems (GIS). Recent EIRs, including the LUCE Update EIR and the Avila Ranch
Specific Plan and San Luis Ranch Specific Plan EIRs prepared by the City, were also
reviewed.
The Project’s potential consistency with relevant General Plan policies and programs
(Appendix G Threshold ‘b’) is evaluated in Section 3.9.3, Consistency with Plans and
Policies. Associated land use impact analyses are also provided in Impacts LU-1 and LU-
2 and within individual resource sections of this EIR. Only those Project elements that have
the potential to conflict with a stated goal, policy, or program are highlighted in this section.
A conflict with an adopted plan or policy is typically identified as a potentially significant
impact only if there is a corresponding related averse physical change in the environment,
such as loss of sensitive biological resources.
The EIR land use consistency analysis considers whether the Project would be consistent
with regional and local plans, policies, and regulations applicable to the Project consistent
3.9-58 Froom Ranch Specific Plan
Draft EIR
3.9 LAND USE AND PLANNING
with Section 15125(d). A project must be consistent with every policy and objective in the
General Plan to be approved. It is considered consistent with the provisions of the identified
regional and local plans if it is compatible with and will further the objectives and policies
of the plans. This discussion primarily focuses on those goals and policies that relate to
avoiding or mitigating environmental impacts and assesses if any inconsistency with these
standards would result in a significant physical impact on the environment.
3.9.4.3 Project Impacts and Mitigation Measures
Land use impacts associated with construction and operation of the Project are discussed
below and summarized in Table 3.9-6.
Table 3.9-6. Summary of Project Impacts
Land Use Impacts Mitigation Measures Residual Significance
LU-1. The Project would allow urban development
above the 150-foot elevation 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, biological, and cultural resources and
wildfire hazards.
MM BIO-1
MM BIO-2
MM BIO-3
MM BIO-4
MM BIO-5
MM BIO-6
MM BIO-9
MM BIO-10
MM BIO-11
MM BIO-12
MM BIO-13
MMBIO-14
MM CR-9
MM CR-10
MM CR-11
MM CR-12
MM CR-13
MM CR-14
MM HAZ-2
MM HAZ-3
MM HAZ-4
MM HAZ-5
MM TRANS-21
MM TRANS-22
MM TRANS-23
Significant and
Unavoidable
LU-2. The Project would potentially be inconsistent
with existing easements and setback requirements
onsite.
None Required Less than Significant
Impact LU-1 The Project would allow urban development above the 150-foot
elevation 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,
Froom Ranch Specific Plan 3.9-59
Draft EIR
3.9 LAND USE AND PLANNING
biological, and cultural resources and wildfire hazards (Significant and
Unavoidable).
City LUCE and General Plan COSE policies that protect sensitive biological, open space,
and visual resources include protections reflected in Policy 6.4.7, Hillside Planning Areas,
which prohibits development above the 150-foot elevation within the Irish Hills area. These
policies are intended to protect environmentally sensitive resources (such as sensitive
habitats and species) and to reduce adverse impacts related to emergency access, unstable
geology, flooding, wildfire hazards, and visual resource degradation. Implementation of a
General Plan Amendment that would allow development above the 150-foot elevation, and
more specifically development within the environmentally sensitive Upper Terrace, would
result in potentially significant and unavoidable impacts to aesthetic and visual resources,
biological resources, and emergency access and fire hazards , as analyzed in Section 3.1,
Aesthetics, Section 3.4, Biological Resources, and Section 3.7, Hazards, Hazardous
Materials, and Wildfire. Potential impacts due to unstable geology would be less than
significant, as described in Section 3.6, Geology and Soils. Further, the Project would
relocate four historic structures onsite and integrate them in the proposed public park,
which would have a significant impact to historic resources, as described in Section 3.5,
Cultural and Tribal Cultural Resources. Potential environmental impacts resulting from
the Project’s inconsistency with land use plans and policies are summarized below
Aesthetics
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
Upper Terrace and the western edge of Madonna Froom Ranch above 150 feet in elevation.
General Plan COSE Policy 9.2.1, Views to and from public places, is designed to protect
public views, including those from such places as the heavily used trail network in the Irish
Hills Natural Reserve. 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. Project development, particularly within the Upper
Terrace and the areas of Madonna Froom Ranch closest to the Irish Hills Natural Reserve
and above the 150-foot elevation would result in significant and unavoidable impacts to
aesthetic resources for recreationalists along trails such as the Ocean View Trail and the
Filipponi Ranch Connector Trail. Such impacts would be in direct conflict with adopted
City policies and would create significant physical environmental impacts.
3.9-60 Froom Ranch Specific Plan
Draft EIR
3.9 LAND USE AND PLANNING
Biological Resources
Proposed development within the
Upper Terrace would impact
sensitive native grassland
communities, seven rare plant
species of local concern (including
populations of a federal endangered
plant), sensitive wetland habitats
along Drainages 1, 2, and 3, and
wildlife corridors and passage
through this area. Such development
would directly impact and degrade
special status species and sensitive
habitats potentially in conflict with
multiple adopted City policies such
as General Plan COSE Polices 7.3.2,
Species of Local Concern, 7.3.3, Wildlife Habitat and Corridors, 7.5.4, Preservation of
Grassland Communities and Other Habitat Types, 7.7.7, Preserve Ecotones, 7.7.8, Protect
Wildlife Corridors, 8.2.2, Open Space within the Urban Area, 8.3.1, Open Space within an
Urban Area, 8.3.2, Open Space Buffers, and 8.6.1, Loss of Open Space. In addition, the
Project would include a General Plan Amendment to LUE Policy 6.4.7, Hillside Planning
Areas, which restricts development above the 150-foot elevation, in part to protect sensitive
habitats and resources. The Project would result in significant and unavoidable physical
impacts to biological resources, potentially inconsistent with adopted City policies.
Historic Resources
As documented in Section 3.5, Cultural and Tribal Cultural Resources, the Project site
contains the historic Froom Ranch Dairy complex (P-40-040991), including seven existing
structures associated with the historic dairy and Froom family constituting a potential
historic district under the City’s Historic Preservation Ordinance, the CRHR, and the
NRHP. While four structures (i.e., the main residence, creamery, dairy barn, and granary)
considered significant historic resources as individual structures 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 historic district (i.e., the shed, bunkhouse, and old barn), which would be a
The Project site provides rich natural communities and
habitats, including wetlands and serpentine bunchgrass
grassland, as well as California bay woodland. The Upper
Terrace is particularly rich in these biological resources
and development in this area is potentially inconsistent
with City policies for resource protection.
Froom Ranch Specific Plan 3.9-61
Draft EIR
3.9 LAND USE AND PLANNING
significant and unavoidable impact following mitigation. This loss would be potentially
inconsistent with City policy.
Emergency Access and Wildfire Hazards
Development of the Upper Terrace of Villaggio would locate residential uses at the
wildland-urban interface where potential fire risks are considered moderate to high. Project
residential buildout would also introduce potential sources of ignition from increased
activity (e.g., individuals smoking on recreational trails, outdoor barbeques, and
malfunctioning landscaping maintenance equipment). The Project proposes a number of
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, development of the Project would potentially restrict access for
firefighting personnel to the Irish Hills Natural Reserve and diminish their ability to combat
fires approaching proposed development from the north and west. Given the potential for
structural damage, injuries, and/or loss of life due to wildland fires, impacts would be
potentially significant.
Mitigation Measures
MM BIO-1 shall apply.
MM BIO-2 shall apply.
MM BIO-3 shall apply.
MM BIO-4 shall apply.
MM BIO-5 shall apply.
MM BIO-6 shall apply.
MM BIO-9 shall apply.
MM BIO-10 shall apply.
MM BIO-11 shall apply.
MM BIO-12 shall apply.
MM BIO-13 shall apply.
MM BIO-14 shall apply.
3.9-62 Froom Ranch Specific Plan
Draft EIR
3.9 LAND USE AND PLANNING
MM CR-9 shall apply.
MM CR-10 shall apply.
MM CR-11 shall apply.
MM CR-12 shall apply.
MM CR-13 shall apply.
MM CR-14 shall apply.
MM HAZ-2 shall apply.
MM HAZ-3 shall apply
MM HAZ-4 shall apply.
MM HAZ-5 shall apply.
MM TRANS-21 shall apply.
MM TRANS-22 shall apply.
MM TRANS-23 shall apply.
Residual Impacts
Despite mitigation to reduce impacts, implementation of a General Plan Amendment to
Hillside Policy 6.4.7, Hillside Planning Areas, and development and operation of the
Project above the 150-foot elevation would result in substantial impacts to biological
resources, aesthetics, and wildfire hazards. Mitigation would also not avoid the significant
loss of historic resources associated with the Froom Ranch Dairy complex. Since
implementation of feasible mitigation measures would not fully mitigate potential impacts
resulting from development above the 150-foot elevation and significant irreversible loss
of biological and historical resources, impacts related to land use policy consistency would
be significant and unavoidable.
Impact LU-2 The Project would potentially be inconsistent with existing easements
and setback requirements onsite (Less than Significant).
Realignment of Froom Creek and associated riparian habitat would potentially conflict
with adopted local and regional water quality and creek corridor protection policies, and
would potentially result in impacts to biological resources and conflict with City creek
Froom Ranch Specific Plan 3.9-63
Draft EIR
3.9 LAND USE AND PLANNING
setback requirements. The Project would also potentially conflict with the intent of the
onsite agricultural easement.
Setback from Realigned Froom Creek
The Project would realign Froom Creek and would include channel and bank
improvements within the Project site. Consistent with setbacks defined in the City’s Zoning
Ordinance, the FRSP requires 35-foot setbacks from Froom Creek and 20-foot setbacks
from other site drainages, including Drainages 1, 2, and 3. Proposed recreational amenities
within the 35-foot setback area would include a 6-foot-wide pervious multi-use trail,
benches, and trash cans. The trail would not include night lighting. While pervious
walkways and benches are allowed within creek setbacks in accordance with the City’s
Zoning Ordinance, the installation of waste facilities and other proposed amenities within
the setback would require an exception determination and hearing of the Community
Development Department. The Community Development Department has established a set
of required findings that must be met in order to approve an exception to established uses
within designated setback areas. Assuming compliance with existing policies and approval
from the Community Development Department, realignment and revegetation of Froom
Creek would be consistent with City setback policies. Associated impacts would be less
than significant.
Onsite Easements
As discussed above, the Project is encumbered by several easements. The area recorded
under the 7.1-acre open space and agricultural easement is preserved for agricultural
activities and biological restoration and may not be developed as currently recorded. This
easement currently includes a contiguous block of land with soils that are prime if irrigated
This area is not currently, or historically, irrigated and supports limited equestrian grazing.
The Project would reconfigure the 7.1-acre easement into two areas of 5.5 acres and 1.6
acres, which would reduce the viability of existing grazing operations or other agricultural
operations since livestock would be unable to access the 1.6-acre portion of the easement.
However, realignment of the easement would support conservation of habitat and
biological resources, particularly the protection of existing wetlands within this 1.6-acre
portion east of Calle Joaquin, which is consistent with the terms of the easement. Thus,
adjustment of the 7.1-acre easement would continue to meet the objectives and LAFCO
requirements of the 2010 Open Space and Agricultural Conservation Easement agreement.
3.9-64 Froom Ranch Specific Plan
Draft EIR
3.9 LAND USE AND PLANNING
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. With regard to the 2001 Open Space Easement
and 2010 Deed of Easement for Ingress and Egress, based on the land use plan proposed
under the Draft FRSP, implementation of the Project would not alter these existing
easements. Therefore, implementation of the Project would not result in any conflicts with
these easements or inconsistency with local or regional policies. However, if during
preparation of the final land use plan revisions to the easements are required, the City may
require adjustments of the final site design of the Project or adjustment of these easements
between all applicable parties to ensure continued access and protection prior to final
approval of the Project. Impacts associated with these existing easements would be less
than significant.
3.9.4.4 Cumulative 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. These changes would both
directly and indirectly affect sensitive habitats and wildlife species. Proposed related
projects, including the San Luis Ranch Specific Plan and the Avila Ranch Development
Plan, could result in incremental impacts to biological resources, population and housing,
and aesthetics within the cumulative region of influence. However, all pending/future
projects would be required to comply with development standards and General Plan
policies of the City. Potential impacts would be assessed and mitigated in accordance with
CEQA and applicable City policies prior to approval. Implementation of mitigation
measures would ensure consistency with the City’s General Plan goals and policies and
Zoning Regulations such that the Project would not cumulatively contribute to the loss of
open space or agricultural land beyond that projected in the City’s LUCE Update and EIR.
Project buildout in conjunction with other pending/future projects (see Table 3.0-1) are
considered within the City LUCE buildout by 2057 (see Section 3.11, Population and
Housing). Nevertheless, the Project, in combination with planned buildout of the City’s
Froom Ranch Specific Plan 3.9-65
Draft EIR
3.9 LAND USE AND PLANNING
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. Therefore, cumulative impacts
related to land use and planning would be significant and unavoidable.
While the Project is potentially inconsistent with current ALUP development standards for
Safety Areas, it would not be expected to result in airport-related safety hazards,
particularly when evaluated against the identified Caltrans Handbook Safety Compatibility
Zones for San Luis County Regional Airport, the pending update to the ALUP, and the
ALUC’s preliminary determination of the Project’s compatibility with the redefined safety
areas (see Section 3.7, Hazards, Hazardous Materials, and Wildfire). As such, the Project
is not expected to cumulatively contribute to potential airport noise and/or safety issues.
Implementation of mitigation measures would ensure that the Project would provide
acceptable levels of accessible open space, and that the Project would comply with all
applicable zoning development standards.
Therefore, cumulative impacts to land use caused by the development of the Project in
combination with other related pending/future projects, would be less than significant. The
Project’s contribution to potential cumulative impacts would be less than considerable
given implementation of proposed mitigation measures to ensure consistency with General
Plan policies, design standards, and Zoning Ordinance regulations.
3.9-66 Froom Ranch Specific Plan
Draft EIR