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HomeMy WebLinkAboutBates 14739-14788 Appendix B - Notice of Preparatiion APPENDIX B Notice of Preparation and Comment Letters Froom Ranch Specific Plan Project Final EIR 14739 This Page Intentionally Left Blank. 14740 Notice of Preparation To: EIR & Notice of Preparation Mailing List SUBJECT: Notice of Preparation of a Draft Environmental Impact Report Lead Agency: Consulting Firm: (if applicable) Agency Name: City of San Luis Obispo EIR to be prepared by: Department Name: Community Development Firm Name: To be determined Street Address: 919 Palm Street Street Address: City/State/Zip: San Luis Obispo, CA 93401 City/State/Zip: Contact: Shawna Scott(781-7176; sscott(a�slocity.orq) Contact: The Citv of San Luis Obispo will be the Lead Agency and will prepare an environmental impact report (EIR) for the project identified below. We need to know the views of your agency as to the scope and content of the environmental information, which is germane to your agency's statutory responsibilities in connection with the proposed project. Your agency will need to use the EIR prepared by our agency when considering your permit or other approval for this project. The project description, location, and the potential environmental effects are summarized in the attached materials. A copy of the Initial Study and additional background information is available here: www.slocity.org/qovernment/department-directorv/community-development/documents- online/environmental-review-documents/-folder-1911. Due to the time limits mandated by State law, your response must be sent at the earliest possible date, but not later than 30 days after receipt of this notice. Please send your response to the attention of Shawna Scott, Associate Planner for the City of San Luis Obispo Community Development Department, at the address shown above. We will need the name of a contact person in your agency. Project Title: Froom Ranch Specific Plan Project Project Location: The Froom Ranch Specific Plan Area consists of two parcels located at 12165 and 12393 Froom Ranch Way, totaling approximately 110 acres (ANP 067-241-030 and 067-241-031) within unincorporated San Luis Obispo County, and adjacent to City of San Luis Obispo city limits. The site is located immediately west of Los Osos Valley Road between U.S. 101 and the Irish Hills Plaza. Project Description: The project includes a Specific Plan, General Plan Amendment, and related actions that would allow for the development of the Froom Ranch Specific Plan Area, which is identified as Specific Plan 3 (SP-3), Madonna on LOVR, in the City's General Plan. The Land Use Element requires that a Specific Plan be adopted prior to annexation. The project will be primarily residential with some commercial development in the northeast portion of the site closest to Los Osos Valley Road and the adjacent Irish Hills Plaza. A major component of the planned residential uses is a Life Plan Community (LPC) known as Villaggio. Villaggio would provide a variety of different unit types for independent senior housing as well as access to higher levels of care such as Assisted Living, Memory Care, and Skilled Nursing, when needed. Additional residential uses in the northern portion of the site will be multiple-family. As required by the Land Use Element, a minimum of 50% of the project site must be designated Open Space; the current Plan designates approximately 51% of the site as Open Space. The Specific Plan also includes a Neighborhood Trailhead Park to connect to the Irish Hills Natural Reserve, which may incorporate onsite historic structures. The treatment and potential use of the historic structures is currently under evaluation by the applicant. Date: Julv 10. 2017 Signature: �'`�"�~ ��� Title: Associate Planner, Citv of San Luis Obispo Communitv Development Deqartment Reference:California Administrative Code,Title 14(CEQA Guidelines)Sections 15082(a), 15103, 15375(Revised October 1989) 14741 NOTICE OF PREPARATION ATTACHMENT FROOM RANCH SPECIFIC PLAN PROJECT The City of San Luis Obispo, as Lead Agency under the California Environmental Quality Act (CEQA), is requesting comments on the scope and content of an environmental impact report (EIR) being prepared for the Froom Ranch Specific Plan Project, as described in this Notice of Preparation. Anticipated project entitlements are described below and issues anticipated being analyzed in the EIR are listed below and described in the Initial Study. The Initial Study and additional background information is available here: www.slocity.org/qovernment/department-directorv/communit rL- development/documents-online/environmental-review-documents/-folder-1911. The City requests your written comments on the NOP by August 14, 2017 and also invites you to attend a public scoping meeting to be held on July 26, 2017, as detailed below. Please contact Shawna Scott, Associate Planner at (805) 781-7176 or sscott .slocity.orq or Contract Planner and Project Manager Emily Creel at (805) 543-7095 x6814 or ecreel _swca.com if you have any questions. Proiect Location ��� The Froom Ranch Specific Plan Area consists of two �,c�'`� parcels located at 12165 and 12393 Froom Ranch Way, �� totaling approximately 110 acres (APN 067-241-030 and ..4 067-241-031) within unincorporated San Luis Obispo �' County, and adjacent to City of San Luis Obispo city limits. The site is located immediately west of Los Osos Valley Road between U.S. 101 and the Irish Hills Plaza. so Based on a preliminary review, the project site is not on sos the list of hazardous materials sites compiled pursuant to kALLEY Government Code Section 65962.5 and there are no records of previous or existing sources of hazardous materials onsite. DiscretionarY Permits In order to implement development on the site consistent with the proposed project, the following entitlements will need to be processed: 1. General Plan Amendment/Pre-Zoning 2. Specific Plan 3. Development Plan/Tentative Tract Map(s) 4. Architectural Review 5. Annexation 1. General Plan Amendment and Pre-Zoning. The applicant envisions a Specific Plan that differs somewhat from the performance standards identified in the Land Use Element; therefore, the project would require a General Plan Amendment to accommodate some aspects of future development under the Specific Plan. Because the site is currently unincorporated, it will need to be pre-zoned before annexation to the City could be approved. 2. Specific Plan. The City of San Luis Obispo Land Use and Circulation Elements (LUCE) identifies Froom Ranch as a Specific Plan Area (SP-3, Madonna on LOVR) that requires the adoption of a Specific Plan prior to any development. The applicant is preparing a Specific Plan to accommodate the proposed development consistent with guidance for development contained in Section 8.1.5 of the Land Use Element. Page 2 14742 3. Development Plan/Tentative Tract Map(s). The applicant will submit tract maps to implement the provisions of the Specific Plan. The Tract Map establishes the proposed lot lines to allow individual ownership of properties and to layout the required infrastructure and utilities. 4. Architectural Review — Ultimately final architectural review of housing, commercial buildings, and some site facilities will be needed. The ARC will take an early look at design guidance in the development plan and provide comments. 5. Annexation. If the project is approved, the City would initiate the annexation process with the San Luis Obispo Local Agency Formation Commission (LAFCo). Annexation will depend on the City's ability to address key issues to LAFCo, including the ability to provide public services to the site (including water) and the nature of a tax-sharing arrangement with San Luis Obispo County. In addition, the project will need to be formally reviewed by the Airport Land Use Commission (ALUC) for consistency with the Airport Land Use Plan. Other advisory bodies that will weigh in on aspects of the project development include the Parks & Recreation Commission reviewing park proposals, Cultural Heritage Committee regarding the proposed use/treatment of historic structures, and the Bicycle Advisory Committee advising on the proposed bicycle trail network. Probable Environmental Effects/Issues Scoped for EIR The EIR will be a full-scope document, which covers all environmental issue areas as summarized in the preliminary Initial Study and as required by State CEQA Guidelines Article 9, Contents of Environmental Impact Reports. Issue areas identified in the Initial Study as requiring evaluation in the EIR and that may be determined to be potentially significant include: • Aesthetics • Agricultural Resources • Air Quality • Biological Resources • Cultural Resources • Energy • Geology and Soils • Greenhouse Gas Emissions • Hazards and Hazardous Materials • Hydrology and Water Quality • Land Use/Planning • Noise • Population and Housing • Public Services • Recreation • Transportation and Traffic • Tribal Cultural Resources • Utilities and Service Systems In addition, the following anticipated key issues are highlighted and summarized below. Page 3 14743 Potential Impacts to Environmental Resources Due to Development Above the 150-foot Elevation The applicant's request includes a General Plan Amendment to modify the current language presented in City of San Luis Obispo Land Use Element (LUE) Policy 6.4.7.H to allow for hillside development above the 150-foot elevation. The EIR will evaluate the potential impacts to visual, biological, and hydrological resources, potential geologic and soils hazards, and consistency with plans and policies specifically identified to protect these sensitive resources. Additional analysis including photo simulations of the proposed development within the hillside context will be necessary to determine if the project could be designed to protect hillside views, consistent with LUE hillside development policies and LUE resource protection policies, Open Space Policies protecting scenic vistas, and Circulation Element policies which call for the protection of views from roadways designated as having scenic value. Potential Impacts as a Result of Froom Creek Realiqnment The proposed project includes the realignment and restoration of Froom Creek within the property boundaries, and construction of pathways. City creeks and wetlands management objectives applicable to Froom Creek include: 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. D. Recognizing and distinguishing between those sections of creeks and Laguna Lake which are in urbanized areas, such as the Downtown core, and sections which are in largely natural areas. Those sections already heavily impacted by urban development and activity may be appropriate for multiple use whereas creeks and lakeshore in a more natural state shall be managed for maximized ecological value (LUE Section 6.6.1 Creek and Wetlands Management Objectives). City staff and the applicant have met with resource agencies including the U.S. Army Corps of Engineers, National Oceanic and Atmospheric Administration (NOAA) Fisheries, Regional Water Quality Control Board, and California Department of Fish and Wildlife to review conceptual plans and determine preliminary information that will be required for the agencies to formally respond to the project. Key considerations include review of hydrological modeling to determine the gradient and width necessary to provide suitable conditions for steelhead migration from the upper pools of Froom Creek, through the project site, and connecting with San Luis Creek. Additional project details and technical information will be provided by the applicant. Additional analysis will be required to ensure consistency with regulations specific to floodway and floodplain management. Potential Impacts to Historic Resources The Froom Ranch Historic Complex is located within the project site, approximately at and below the 150-foot elevation line. This complex is not currently accessible to the public, and is generally blocked from public view. The applicant submitted an evaluation of prehistoric and historic resources present on the project site (First Carbon Solutions 2015), which determined that the Froom Ranch complex (seven structures) is historically significant under National Register of Historic Places, California Register of Historical Resources, and City of San Luis Obispo Historic Resources criteria. The LUE states that the proposed project design should be sensitive to environmental constraints, including historic structures, and adjust accordingly through design. The City Conservation and Open Space Element (COSE) provides additional specific policy direction including the following: Page 4 14744 • Significant historic and architectural resources should be identified, preserved, and rehabilitated. • Historically or architecturally significant buildings shall not be demolished or substantially changed in outward appearance, unless doing so is necessary to remove a threat to health and safety and other means to eliminate or reduce the threat to acceptable levels are infeasible. • 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 resource shall be documented and the information retained in a secure but publicly accessible location. An acknowledgement of the resource should be incorporated within the site through historic signage and the reuse or display of historic materials and artifacts. • Changes or additions to historically or architecturally significant buildings should be consistent with the original structure and follow the Secretary of 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 materials of nearby historic structures. The street appearance of buildings which contribute to a neighborhood's architectural character should be maintained" (COSE Section 3.2 and 3.3, Historical and Architectural Resources and Policies). Full analysis of historic resources in the EIR will be necessary. The EIR will include an evaluation of the proposed project, in addition to feasible alternatives to mitigate potential impacts to historic resources. The EIR will also provide a preliminary assessment of the project's consistency with the General Plan and Historic Preservation Ordinance and Guidelines. Development of a Reasonable Ranqe of Alternatives Factors that will influence the formulation of alternative project configurations include considerations of project objectives, site suitability, economic viability, availability of infrastructure, General Plan consistency, and the proponenYs control over alternative sites. The EIR will discuss the rationale for selection of alternatives that are feasible and therefore, merit in-depth consideration, and which are infeasible (e.g., failed to meet Project objectives or would not avoid significant environmental effects) and therefore rejected. As directed by the City Council, the EIR will include a project alternative that locates all development below the 150-foot elevation line. The City has requested this design alternative from the applicant for incorporation and analysis in the EIR. The Alternatives Analysis will also include an Alternative that retains and restores Froom Creek in its current location. In order to present actionable alternatives in the EIR, the alternatives chapter will be comprehensive, provide clear descriptions and graphics, and clearly identify potential impacts, associated levels of significance, and identification of the mitigation measures that would be required to reduce potential impacts. Additional alternatives are likely, but are not identified at this time. Public Scopinq Meetinq A public scoping meeting has been scheduled to allow for any interested persons to provide input on issues to be discussed in the EIR: Date and Time: July 26, 2017 at 6:00 p.m. Place: 990 Palm Street (City Council Chamber upstairs) The meeting is an opportunity for City staff to gather information from the public regarding the potential environmental impacts of the project that need to be evaluated in the EIR. It is not intended to be a hearing on the merits of the project. Therefore, members of the public should keep their comments focused on potential significant changes to the environment that may occur as a direct result of project development. Page 5 14745 APPENDIX B—NOP COMMENTS AND RESPONSES INDEX TO NOP COMMENTS Appendix B includes a copy of the Notice of Preparation (NOP) for the proposed Project, transcripts from the Public Scoping Hearings conducted on the NOP, copies of all comment letters received on the NOP during the public comment period, and an indication(Section or Sub-Section) where each individual comment is addressed in the Draft EIR. Table B-1 lists all comments and shows the comment set identification number for each letter or commenter. Table B-2, identifies the location where each individual comment is addressed in the Draft EIR. Comment letters are present chronologically followed by the transcripts from the Public Hearing. Table B-1. NOP Commenters and Comment Set Numbers � � � � � Interested Party Kathleen Choal 7/19/2017 1 Sierra Club Andrew Chrisrie 7/25/2017 2 Interested Party Mila Vujovich-La Barre 7/26/2017 3 Native American Heritage Commission Gayle Totton 7/27/2017 4 � Salinan Tribe Patti Dutton 7/31/2017 5 Bicycle Advisory Committee Lea Brooks(1) 8/1/2017 6 San Luis Obispo Local Agency Formation Commission David Church 8/1/2017 7 CAL FIRE San Luis Obispo County Fire Department Travis Craig 8/2/2017 8 County of San Luis Obispo Department of Agriculture Lynda L.Auchinachie 8/4/2017 9 Interested Party Lea Brooks(2) 8/4/2017 10 California Department of Transportation—District 5 Melissa Streder 8/10/2017 11 California Native Plant Society Neil Havlik 8/ll/2017 12 � San Luis Obispo Council of Governments Jeff Brubaker 8/14/2017 13 United States Fish and Wildlife Service Stephen P. Henry 8/14/2017 14 Table B-2. Response to NOP Commenters � Kathleen Choal 1-1 Thank you far your comments.Please refer to Section 3.13, Ti^ansportation and Tra�c for impacts concerning traffic.With regard to what sidewalk improvements are proposed,please refer to Section 2.0,Project Description. 1-2 Section 3.14, Utilities and Energy Conservation,provides discussion and analysis of impacts associated with water use and water supply. 1-3 Please refer to Section 3.8,Hydrology and Water Quality,which provides the analysis of flood potential upon Project implementarion. Sierra Club—Andrew Christie 2-1 Thank you for your comments. Please refer to Section 5.0,Alternatives,for descriprions and analysis of multiple Project alternatives,including consideration for an alternative with all development below the 150-foot elevation line. Froom Ranch Specific Plan Project B-1 Draft EIR 14746 APPENDIX B—NOP COMMENTS AND RESPONSES 2-2 Please refer to Section 2.0,Project Description, for the list of Project objectives, and to Section 5.0,Alternatives, for the assessment of alternatives against Project objectives. 2-3 Section 3.0.4, Cumulative Impact Analysis,describes the methodology and cumulative projects list utilized for analysis within the EIR. Each resource section(Sections 3.1 through 3.15)also contains cumulative analysis associated with each resource area. Mila Vujovich-La Barre 3-1 Thank you for your comments.Please refer to Section 3.14, Utilities and Energy Conservation, which provides discussion and analysis of impacts associated with water use and water supply. 3-2 Section 3.9,Land Use and Planning,provides consideration for design restrictions and site constraints established by the LUCE, including the 150-foot height line,and Section 3.11, Population and Housing,considers the proposed residential component associated effects. 3-3 Please refer to Secrion 3.13, Transportation and Traffic,for impacts concerning traffic,including cumulative considerations. 3-4 Section 3.0.4, Cumulative Impact Analysis,describes the methodology and cumulative projects list utilized for analysis within the EIR, including the Prado Road project. 3-5 Section 3.11,Population and Housing,considers the proposed residential component associated effects,including the City's affordable housing requirement. 3-6 Please refer to Section 3.8,Noise,which provides analysis for potential noise from vehicular traffic and potential mitigation. 3-7 Section 3.4,Biological Resources,discusses animal and vegetation protection within the site,and Section 3.1,Aesthetics,addresses viewshed impacts in the vicinity. 3-8 Refer to Section 3.13, Transportation and Traffic for impacts concerning access, sidewalks,and bike paths,and Section 3.12,Public Services and Recreation,for proximity and access to recreational facilities and open spaces in the area. 3-9 With regard to the EIR process,please refer to Section 1.0,Introduction,for a summary of the public outreach undertaken during EIR preparation. 3-10 Please refer to Section 32,Agricultural Resources,which addresses agricultural resources on-site and potential impacts from the Project on agricultural activities. Native American Heritage Commission—Gayle Totton 4-1 Thank you far your comments and guidance.Please refer to Section 1.0,Introduction,for a summary of outreach undertaken during EIR preparation,and Secrion 3.5, Cultural and Tribal Cultural Resources,for the implementation of CEQA updates associated with tribal cultural resources,including adherence to AB 52, SB 18,and the NAHC's recommendations for conducting cultural resources assessments. Salinan Tribe—Patti Dutton 5-1 Thank you for your comment. ' Bicycle Advisory Committee—Lea Brooks(1) 6-1 Thank you for your comments. Regarding what street improvements are proposed,please refer to Section 2.0,Project Description.Please refer to Section 3.13, Transportation and Traffic for impacts concerning traffic,and potential mitigations that would affect proposed improvements and existing connections. 6-2 Refer to Section 3.13, Transportation and Traffic for impacts concerning pedestrian and bicycle access,and Section 3.12,Public Services and Recreation,for proximity and access to recreational facilities and open spaces in the area, including the existing trail netwark. San Luis Obispo Local Agency Formation Commission—David Church 7-1 Thank you for your comments.Please refer to Sections 3.12,Public Services and Recreation,and 3.14, Utilities and Energy Conservation,which address the majority of potential increases in services that may be required to the Project site,though associated information is located throughout the EIR. 7-2 Please refer to the prepared EIR,which contains all associated information,especially within Sections 3.12,Public Services and Recreation,and 3.14, Utilities and Energy Conservation. 7-3 Section 2.0,Project Description,contains a list of required approvals,including annexation and prezoning. B-2 Froom Ranch Specific Plan P�je� Dra�r� APPENDIX B—NOP COMMENTS AND RESPONSES 7-4 Please refer to the regulatory setting descriptions within the EIR,which contain relevant LAFCo policies for agricultural resources,public safety,water/wastewater, land use,and growth inducing impacts. 7-5 Refer to Sections 3.2,Agricultural Resources, and 3.9,Land Use and Planning,for discussion of agricultural conservation easement holdings and associated impacts of the Project,including consideration for LAFCds Madonna-Gap annexation. 7-6 Please refer to the analysis within the EIR,which contain relevant LAFCo policies and mitigation measures,notably within Sections 3.2,Agricultural Resources,33,Air Quality and Greenhouse Gas Emissions,3.12,Public Services and Recreation,and 3.13, Transportation and Traffic. 7-7 Please refer to Secrion 5.0,Alternatives,for the descriprions and associated analyses for each Project alternative. CAL FIRE San Luis Obispo County Fire Department—Travis Craig 8-1 Thank you for your comments. With regard to discussion and impacts on emergency services and CALFIRE/San Luis Obispo County Fire Department facilities pursuant to CEQA,please refer to Section 3.12,Public Services and Recreation. County of San Luis Obispo Department of Agriculture—Lynda L.Auchinachie 9-1 Thank you for your comments.Please refer to Section 3.2,Agricultural Resources,which addresses agricultural resources on-site such as prime agricultural land,the agricultural easement, and potential impacts from the Project on agricultural activities. Lea Brooks(2) 10-1 Thank you for your comments.Please refer to Section 3.13, Transportation and Tra�c for impacts concerning pedestrian and bicycle access and safety. California Department of Transportation: District 5—Melissa Streder ll-1 Thank you for your comments. Section 311,Population and Housing,provides discussion and analysis of work force housing and consideration for the City's jobs-housing balance.Associated Vehicle Miles Traveled and vehicle dependency is discussed within Section 3.13, Transportation and Tra�c. 11-2 Section 3.13, Transportation and Ti^a�c,provides discussion and analysis of potential impacts of the Project on surrounding roadways and intersections, in addition to consideration for cumulative impacts. 11-3 Refer to Section 3.13, Transportation and Ti^affic,for discussion of multimodal transportarion strategies alternate circularion patterns and connectiviry to the Project site. 11-4 Please refer to Secrion 3.8,Hydrology and Water Quality,which provides the analysis of flood potential upon Project implementation,including modifications to creeks and culverts within the Project site and vicinity,including culverts within Caltrans right-of-way near U.S.Highway 101. California Native Plant Society—Neil Aavlik 12-1 Thank you for your comments. With regards to potential impacts above the 150-foot elevation line associated with aesthetics,biological,hydrological, and noise,please refer to Sections 3.1, Aesthetics,3.4,Biological Resources, 3.8,Hydrology and Water Quality,and 3.10,Noise. I 12-2 Please refer to Section 3.1,Aesthetics,for aesthetics discussion and impacts associated with implementation of the Project. 12-3 Please refer to Section 3.4,Biological Resources,for biological resource discussion and impacts associated with implementation of the Project. 12-4 Please refer to Sections 3.4,Biological Resources,and 3.8,Hydrology and Water Quality,for I discussion and impacts associated with implementation of the Project,including water flow and biological resources. 12-5 Please refer to Section 3.4,Biological Resources,for discussion and impacts associated with implementation of the Project,including protection of the federally-listed Chorro Creek bog thistle. 12-6 Please refer to Secrions 3.8,Hydrology and Water Quality, and 3.4,Biological Resources,for discussion and impacts associated with implementation of the Project,including realignment of Froom Creek and the potential destruction of delineated wetland areas. I 12-7 Section 3.8,Hydrology and Water Qualiry,addresses Froom Creek,subsurface flows,potential effects of the creek's proposed realignment,and flooding. Froom Ranch Specific Plan Project B-3 Draft EIR 14748 APPENDIX B—NOP COMMENTS AND RESPONSES 12-8 Refer to Section 3.5, Cultural and Ti-ibal Cultural Resources, for analysis of the Froom Ranch historic buildings and measures to preserve their integrity. 12-9 Please refer to Sections 3.2,Agricultural Resources,and 3.9,Land Use and Planning,for discussion of open space and agricultural conservation easement holdings, in addition to impacts to these areas upon implementation of the Project. 12-10 Refer to Section 1.0,Introduction,which summarizes easements associated with the Project site and that may be affected by the Project and/or alternatives,and Section 3.4,Biological Resources, which discusses potential impacts to biological resources. 12-11 Please refer to Section 5.0,Alternatives,for the descriptions and associated analyses for each Project alternative. San Luis Obispo Council of Governments—Jeff Brubaker 13-1 Thank you for your comments. For discussion and consideration for SLOCOG's 2014 Regional Transportation Plan and Sustainable Communiries Strategy,please refer to Section 3.9,Land Use and Planning,and Section 3.13, Transportation and Traffic. 13-2 Please refer to Section 3.11,Population and Housing,which provides discussion and analysis of affordable housing,including consideration for SLOCOG's 2050 Regional Growth Forecast,and very low-, low-,and moderate-income households.Associated impacts to transportation and traffic are addressed within Section 3.13, Transportation and Tra�c,and associated greenhouse gas emissions addressed within Section 33,Air Quality and Greenhouse Gas Emissions. 13-3 Section 3.13, Transportation and Traffic,provides discussion and analysis of potential impacts of the Project on surrounding roadways and intersections, in addition to consideration for cumulative projects and transportation demand management. 13-4 Refer to Section 3.13, Transportation and Ti^affzc for impacts concerning pedestrian and bicycle access,and Section 3.12,Public Services and Recreation,for proximiry and access to recreational facilities and open spaces in the area,including the existing trail network. United States Fish and Wildlife Service—Stephen P.Henry 14-1 Thank you for your comments.Please refer to Section 3.4,Biological Resources,which discusses animal and vegetarion protection within the site,including consideration for federally-listed threatened animal species,the Endangered Species Act,and associated mitigarions. Secrion 4.0, Alternatives,provides descriptions and analysis of alternarives and their potenrial impacts to biologicalresources. B-4 Froom Ranch Specific Plan P�je� Dra�r� REC�IVE❑ CtTY�F SAi�L�!!5 OBI5P0 J�ly �g, �a�� JU� 2 5 2011 City of San L�is dbispa Go�n�nu�vi7��o�v��o�MEt�r clo Commurtity Develapment 919 Palrri Stree# San Luis Qbispo, CA 934�� Re: Froom Ranch Spe�ific Ptan PrQ��ct Ta 1Nham I�May Can�ern: I am writing regarding the EIR far the Froom Ran�h Specific Plan PrajeGt. As a busaz3ess owner in the area, I ha�e 3 majar conce�-ns that I would like ta ha�e in�luded in the EIR; • Ti-affic congestiorilRoadway Iinp�-o�ements ■ VVater Use ■ Floading T�e traf�c on Las Osos Valley Raad has �-nwr� tre�nendously a�er tlie tast few years as x�are retail has mo�ed �nto the area. T�e rr�adway impro�ements caanpleted Iast sumFner �a�e helped l�ut traffi�still ba�ks up at the majnr intersectians and tl�e entran�es to retail areas by Cnstca and Tar�et. I would liice tr� see what kind of impact this proje�t wvuld ha�e an the traffic in the area and what kind af raadway i�npro�etnents would he r�ee�ed to handle the increased congestion. �f note, would a sidewalk he in�iuded on thc sauthsic�e of LDVR? Althaugh we t�a�e left tt�e drought behind for��aw, I would like to knaw if water use will �e an issue for this praje�t. T�e in#ersection�f LDVR&Calic]oaquin �looded se�eral times during our rainy season. SecEians af raadway alang L�VR were also reduced to �ne lane due to water o�erflow. As part af the EIR, I would like ta see hc�w the potential for flooding alo�g the raadway and any sidewatk would be addressed, Thank you. Sincerely, Kathle�n Gl�aai KSBY-TV, Presic�ent &General Ma�ager CENTRAt ���� COAST � . +1 tiuI:� � .t y �:��s.'+c5��e�'� i'C�".P,'�� • •I I :1 :I I 1 I :! ..1 F �111 .... . '• .... �� �4:.:-:�f:-i . ����� I[Sa _ ceNr�A� =•=-�x'�:. .. _. �,.,_ . ., . ]I; :; ,� cansr +�5 ;_.�,�:.�_ o�: �_�::�,� �:� .. , . :� �77�Caf te Joaquin.San Luls Dbispo,CA 934Q5-7�t 0 ��;�� '-• :` i}r'1 f 91201 T �`nn . � wV1.1�. �� �� ;. *��•• .•� ' /� Z.{I�' ''=.,'�::, br r V� IC+ ��1i.1�7CJf.1 f1C�C�V�� C#TY p�SAN LUIS O$15A� � �U� � � � ! � ����1 ��.�t�s ❑�t.� � � za�� ]�-� � 1� ����-���-�u����� � D� vt ����:-},�-�-� COlUI1l+1UNlTY d�VE�Q�M��fT .._...�..�_... �'� �1 ���,�r�� S-�� �',��--�— ,��n �s ���s�, G� �3�a 1 x.'.:€::14t�i�,---:i.'e:?1�9 �r��l�l�1������l����f1�r��l�1���+�Ei}���}����#T���i�li���fFl�f�'I I 14751 Scott, Shawna From: Santa Lucia Chapter of the Sierra Club <sierraclub8@gmail.com> Sent: Tuesday, July 25, 2017 3:33 PM To: Scott, Shawna Subject: Comments on Froom Ranch NOP � 1� � �� I�� � � �� � SA�IT� LUCI� � C:[--iAPTEI� July 25, 2017 Shawna Scott, Associate Planner City of San Luis Obispo Community Development 919 Palm St., San Luis Obispo CA 93401 Dear Ms. Scott, We are in receipt of your July 10 letter requesting comment on the Notice of Preparation of an Environmental Impact Report for the Froom Ranch Specific Plan Project. The Sierra Club has three primary concerns with this project: Its proposed development beyond the Urban Reserve Line, the definition of Project objectives, and the inclusion of a full analysis of the Project's potential cumulative impacts in the EIR. We appreciate that the City has shown awareness of the first concern in the NOP's discussion of the potential impacts of the request by the applicant for a General Plan Amendment to allow for hillside development above the 150-foot level, and the City's stated intent to include a project alternative that locates all development below the 150-foot elevation line. Second, as we pointed out in our comments on the San Luis Ranch Project, when a Specific Plan/General Plan amendment is proposed, the Project objectives should be stated in terms of development options within the range of intensity of the residential and commercial development called out in the Land Use Element, not just the high end of that range. The California Environmental Quality Act does not require analysis of only the project design that will assure the maximum level of residential and commercial development allowed in the General Plan and dismissal of any alternative of reduced scale as infeasible solely because the scale is reduced. We urge the City not to take the position that Project objectives serve as a bar to the analysis of scaled-back alternatives, nor maintain that a Project alternative may not be considered unless it meets all of the Project objectives. Third,per CEQA Guidelines, the EIR must evaluate "past,present, and reasonably foreseeable future projects," which "when considered together, are considerable or which compound or increase other environmental impacts." 1 14752 As of July 20, the City's website listed the following reasonably foreseeable future projects: Projects Currently Posted on SLO City Web Site Residential Sq. Feet of Open Name Units Commercial/Office Hotel Space Other San Luis Ranch 500 350,000 200 5.8 Avila Ranch 720 20,000 Froom Ranch 130 30,000 120 2.9 398 Senior Units 1101 Monterey 27,079 Marsh&Carmel 8 1,100 Madonna Plaza 56,257 San Luis Square 62 19,792 36 Monterey Place 29 12,255 3 Vesper Hotel at the Creamery 6,698 47 Twin Creeks 102 6,566 Broad St. Collection 10 6 1185 Monterey 13 2,464 Bridge Street 21,000 71 Palomar Av 33 Wes Creek Development 172 Ferrini Apartments 5 22 North Chorro 27 2,000 Imel Ranch Subdivision 18 Olive Mixed Use 17 3,500 Wingate Homes 142 5,000 Righetti Ranch Subdivision 304 Digital West 775,000 Towne Place Suites 114 French Hospital Expansion Motel Inn 55 13 RV spaces and 10 Airstream spaces The Junction 69 3,000 Long Bonetti Public Market 47,000 Jones Subdivision 65 15,000 Granada Hotel Expansion 22 Ellsworth Tract 35 Commercial Lots Aerovista Place 37,000 South Town 18 18 70 Discovery SLO Bowling 245,000 Reusing existing space McCarthy Steel 9,840 The Yard 43 Z 4753 Bishop Street Studios 34 Caudill Mixed Use 36 5,500 Perry Ford 7,895 Laurel Lane Mixed Use 18 2,500 Poly Performance 30,000 Tank Farm Commerce Park 29,000 Broad Street Mixed Use 11 3,000 Shell Station Development 10,000 Higuera Brew 15,500 Reusing existing space Iron Works 46 4,400 Monterey Hotel 102 Homeless Service Center 20,000 Toscano Moresco 161 BMW Dealership 23,945 625 Toro 14 Serra Meadows 247 Aerovista Office 37,000 Hotel Serra 8 25,000 64 Brownstones 8 Chinatown Hotel 30 25,000 78 Direct Injectors 6,200 Airport Business Center 75,000 SLO Brew Production 31,290 Avinvo Townhomes 161 Pacific Courtyards 9 8,000 Fxlini Tract 13 Bridge Street 26 Boysen Apartments 6 Total 3315 2,054,851 847 8.7 Compiled by David Blakely We urge the City to insure that in addition to analyzing and considering mitigations for potential impacts on traffic, greenhouse gas emissions, air quality,biological resources, land use/planning and all other areas identified in the Initial Study as requiring evaluation,the EIR fully analyzes and mitigates the cumulative impacts likely to arise in those categories from all of the above projects and any others that are likely to be developed within the approximate timeframe of the Froom Ranch Specific Plan. Thank you for inviting us to comment, �� 3 14754 Andrew Christie, Director Santa Lucia Chapter of the Sierra Club P.O. Box 15755 San Luis Obispo, CA 93406 (805) 543-8717 4 14755 �rom: Miia Vujo�i�h-LaBarr� 5ent: Wedncsday,July 2Ci,2fl I 7 i 2:2fi PEV1 To: Ad�isot'y Bc�dics;E-mail Councit We�sitc; Lic�itig,Katie Cc: Hartnan,Heidi; �ease,Andy;Gomea,Aaron; Ri�oire, Dar�;Christianso�i,�ar�yn 5uhjecE: Froom Ranch 5cnping Meeting Con�erns f�ECEIVE� To: P�anning Cvmmissivn - Cify of San Luis Qbispa CI7YflF 5AN LL115 p815PU Cc: 5an Luis �bispo City Cauncil Memhers ��� � � ��1� Katie �ichtig - City Manager Re: Froom Ranch De►►elopment F�om: AAila Vujor►ich-La Barre can�M���rv��vE�ap�n€�vr E3ate: July 2G, 2U17 Dear Plar�ning Cammission Members - T�ank yau for the opportunity ta voi�e apinEons abo�t the Frvvm Ranch ❑e�el+opment. Many v�my concems were expressed auring the Land Use Circulation Element tLUCE} meetin�s a few years ag❑ a�d at some recent meetings, d�e to the r�sh af de�elopm�n# in the sou�he�n part af our city. 1 wanted to express my cvncerr�s for y�ur consideration and the public recflrd. ��om the publicity, i# is my unders#ar�ding #hat "Johr� Madanna planS to trartsform ���-acres in Sat� Luis Obispa into a $50� millivr� mixed-use project that cafiers to the ci#y's aging papufation. The pra�ased Froom F2ar�c� proje�t in�Eudes a �antin�ing care retirement community �CCRC} that ofFers 350 res�e�er�tial units for seniors, 15�,D00-35�,DOQ SC{Ual'� ��E� af COR1R]ECCtaI CB��II21'S ��� ft5 ��S1C�EC]�S, 2D4 a�artrnents and around �0-��D sir�gle-famify detach�e� units." This particufar de�e[vper�ras {ong and hanarab[e #ies tv atar communi�y. it is my hope that he wiI� reafisticalfy ad�ust his de�efapment plans after this sca�ing meetir�g. A deve�vpme�� of tk�is magnitude wilf drastical[y aEter the tra�#ic and the �isuaf aftracti�er�ess of t��s part af town. As you aif knaw, the La�d Llse Circula�io� Efemer�t �LUCE} was funded by a state grar�t that maximized devefapment in San Luis a�ispa. It may have beer� gvvd Er� thevry far the ma�vrity of the LLI�E members wh❑ had a backgra�nd or persona! financial interest in �evelopment. Howe�er, the LUCE dacument- which i�as �ecame #he blueprint for future develapment - did not talce into cvr�sideratian many realities. The minvrity report from the �UCE h�ghfights this and the fact that the LL�CE pro�ess d�d nv# pravide #or subs#antial �ublic input_ My cancerns abot�t the Froom RancF� ❑evefapmenE are pr�marily the fv[lvwing: 9.V4fater. Where is the water fvr this develvpment? City and County residen�s ha�e been asked #o conserve fvr mo�ths and 1 dv nvt sae water le�els increasing at t�e sa�rces �f o�r water far a de�eiopment �f this magnitu�e. ,1ohn Madanna has stated #F�at, "The praject woufd �ase some exis�ing wells on the prQperty and draw fram tt�e ci#y's reser�oirs to satisfy i�s water neec�s." 2. Design 14756 : The continuing care retirement community (CCRC) that offers 350 residential units for seniors, will be an asset. However, the proposed 200 apartments and 60-100 single-family detached units and commercial space are not necessary. By changing this configuration, and just building the CCRC there will be no need to encroach over the 150 foot height line established in the LUCE document. 3. Traffic This upcoming generation may focus on walking, biking and bus travel out of respect for climate change, however most people will still utilize a car. People in the surrounding neighborhoods and businesses of Laguna Lake deserve an authentic study of what traffic will look like with this proposed development, including the cumulative impacts of the traffic from San Luis Ranch and the traffic from the Avila Ranch development. They also deserve an authentic appraisal of parking for the Froom Ranch development. Traffic flow from the existing proposed business development should also be part of that same study. If John Madonna wants to include commercial development in the Froom Ranch development, that increased traffic also needs to be factored in. 4. Prado Road. As I wrote previously, the proverbial "elephant in the room" is Prado Road. For years now, people have been asking whether Prado Road is going to be an interchange or an overpass. They have been asking whether or not it a four-lane truck highway as it appears on the adopted LUCE plan. Prado Road was indeed part of the updated Land Use Circulation Element (LUCE) Plan. Also, the LUCE plan is cited in meetings as the rationale for immense and dense developments. Prado Road is also part of the traffic circulation plan for San Luis Ranch and Avila Ranch. The public deserves to see the entire plan and the inclusion of the Prado Road overpass or interchange. One cannot "cherry pick" the LUCE plan and provide for just the parts that are "easy" and/or profitable. All of the support system should be in place. Since the developers are to date solely responsible for traffic/road improvements - their "fair share" - this overpass or interchange, will substantially impact the cost of the projects being proposed. City staff continues to entertain and even approve development without getting a clear answer on whether or not the overpass or interchange is even viable. This is unconscionable. A transparent, public discussion should occur with CALTRANS about the Prado Road interchange and/or overpass with both the Planning Commission and City Council present as soon as possible. Real financial figures and real measurements should be included at that meeting. I have personally been on the course of the planned Prado Road with an old-fashioned tape measure and elected officials, and made the point very clear that at certain points along the route - Prado Road - as a "four lane truck highway" simply does not fit. After a public meeting City staff and elected officials should insist that the traffic infrastructure - out of the pocket of the developer- be completed either at the same time the development is being constructed or prior to it. The developer of San Luis Ranch has already received approval to build homes in the first phase in back of Target and funnel all of the resulting traffic onto Froom Ranch Road and then onto Los Osos Valley Road. This was not what was guaranteed in the LUCE and in public meetings. 14757 a The San �uis Rancf� de�eloper's represen�ative has publicly qu�pp�d, "Who knvws when tF�e Pra�fo Raad overpass wifl e�er be huilt?" For those o� t�s t�a� care a�ou#"smart growth" an� keeping vne's word, that statement is nvt comfvrtir�g. The construction vf Prado Road cannvt be an aft�rthought. According tv CEQA, when "a larger project is identified" -as in Prado Road fram Madonna Road to Broad Street tha# has been an the Ci#y Master Plan since 19fi�- it needs �o ha�e a camprehensE�e En►►ironmental Impact Report [EIR3 and he e�aluated ❑n the meri#s ❑f that study. CurrQntly, city s#aff is af[owi�g Prado Road to be "illegalfy segmented" or "piecemea}ed" which is in �ioiatian af CEQA. As was mentioned En the pre�ivus Plan�ing Commission meeting vn San Luis Ranc�, what f�apperss when people transit in �ars over Highway 't0'� eastbo�and towards Broad S�reet. The "four-lar�e truck highway" - Prado Road - wil[ then cross Sauth Higuera...and then what? Wilf traffic be funneled to two lanes through Serra Meadows? Turn Narth or South anto Soutf� Higuera? Vlle deserve ta have these answers now. 5. AfFordab[e housing and Workforce Hvusing AffvrdabEe hausing is �ra�ased and the quest�on is, "At wl�at �r�ce?" The �ost of road impra�ernents needs ta �e factored into the purchase prEce sa that the de�elaper can make a prvfiit. I�wvuld be gvod business sense tv knaw where the workers €ar this CCRC wiil be li�ing. Wi[1 they be making a "lEv�ng wage?" Most emplvyees in these types of de�elopments are making $12-$18 per hour. There are or�ly a handful of tzighly-paid dact�rs and t�era�ists �hat wifl be employed. Let's analyze this ratio ahead vf time and discuss where the ho�asing exists for these modestfy paid workers. fi. Affordabte hvusing �s. Student renta�s. LJnfess ther� is an appartunity for deed restrictions a�dlor strict "Conditians, CQvenan�s and Restraints" �CC and R's� on the proposed homes and apartmet�#s, who is to say that�h�e residential units wil[ rtvt be turned i��a a mass of student renta[s. 7. Nvise The noise#rom this develo�mer�t wi3f need tv be mitigated. The no�se w�ll be frvm the people and the �ehicular traffic. Currently that area has a �ural atmasphere. 8. Trees and animal protection Ha�ing �iewed the preliminary p�an, my aftentivn �s afsv vn the fact that constructi�n is on en�ironme�rta�[y sensiti�e areas. If is my hope that any de�elapment wilf be beivw the 1�0-�oot line to preserve the �iew as established �n fhe LL1GE. E�en with that, i� is my hape that any deve[opment wi[I inci�de as many trees arad preservativn of the pu�fic�iewshed v�t�e fvvthills. 9. Access to existing commercia� de�elopment and recreatian Since this is a scoping meeting, I wvtafd also like to see access to waE�cing ar�d biEcing trails be a�paren�. � vvauld also IiKe t� see a�cess to public transportatian far t[�ese seniors an� future residents_ Ac�ess ta the Laguna La�Ce recreatEana� area has �vt beer� giver� the atter�tion that it deserves. Having lvvked a� tF�e pre[im�nary plan, I would afsa fike ta see as many Class '[ bi�Ce pat�s in the de�elopment�a er�sure the safety of residents and workers. 1�.Pubfic Inpu# As I mentioned at the LUCE meetings, it wauld serve the deve[oper we[l to send a notice #o t#�e neighbarhoads that wifl be impacted an� rece�ve �u��i�feedhack on the de�elapmer�t. '�7. Agric��tura� Land 14758 3 I wish that John Madanna caufd use a govd partior� vf tf�is fand for grazing ar crops. I mourn tF�e demise af Iocai agricultural land in the name of 3nfilf. I believe tf�at +t is myopic fiar the sake af the next generation. Ir� closing, thank yo� for the op�vrtunity to enc�merate cancerns now so that they car� be addressed in the near future, 5incerefy, �fila tlujo�rch-La Ba�rre Mi[a Vujovich-La Barre 650 Skyfine ❑rive San �uis Qbispo, CA 934d5 14759 4 STATE.flF CALIFQRN.IA. Edmund C..Brvwn.�r....Governor NATIVE AMERICAN HERITAGE COMMISSION �"`�` '• : �� .;_�;�., Environmental and Cultural Department ''�r��.,-�� �-:S;�PkC;�:�:}' 1550 Harbor Blvd.,Suite 700 •�p�,`:_,�:�- West Sacremento,CA 95691 ���;��' Phone(916)373-3710 � July 27, 2017 Shawna Scott City of San Luis Obispo 919 Palm Street San Luis Obispo, CA 93401 Sent via e-mail: sscott@slocity.org RE: SCH#2017071033; Froom Ranch Specific Plan Project, City of San Luis Obispo; San Luis Obispo County, California Dear Ms. Scott: The Native American Heritage Commission has received the Notice of Preparation (NOP)for Draft Environmental Impact Report for the project referenced above. The California Environmental Quality Act(CEQA) (Pub. Resources Code §21000 et seq.), specifically Public Resources Code section 21084.1, states that a project that may cause a substantial adverse change in the significance of an historical resource is a project that may have a significant efFect on the environment. (Pub. Resources Code § 21084.1; Cal. Code Regs., tit.14, § 15064.5 (b) (CEQA • Guidelines Section 15064.5 (b)). If there is substantial evidence, in light of the whole record before a lead agency, that a project may have a significant effect on the environment, an environmental impact report(EIR)shall be prepared. (Pub. Resources Code§ 21080 (d); Cal. Code Regs., tit. 14, § 15064 subd. (a)(1) (CEQA Guidelines § 15064 (a)(1)). In order to determine whether a project will cause a substantial adverse change in the significance of a historical resource, a lead agency will need to determine whether there are historical resources with the area of project effect(APE). CEQA was amended significantly in 2014. Assembly Bill 52 (Gatto, Chapter 532, Statutes of 2014) (AB 52) amended CEQA to create a se arate cate a of culturai resources, "tribal cultural resources" (Pub. Resources Code §21074) and provides that a project with an effect that may cause a substantial adverse change in the significance of a tribal cultural resource is a project that may have a significant effect on the environment (Pub. Resources Code § 21084.2). Please reference California Natural Resources Agency (2016) "Final Text for tribal cultural resources update to Appendix G: Environmental Checklist Form," ht# :Ilr�sources.ca. ovlce altl�cs1�b521Clean-finai-AB-52-/� -G-text-5uhrnitfed. df. Public agencies shall, when feasible, avoid damaging effects to any tribal cultural resource. (Pub. Resources Code § 21084.3 (a)). AB 52 applies to any project for which a notice of preparation or a notice of negative declaration or mitigated negative declaration is filed on or after July 1, 2015. If your project involves the adoption of or amendment to a general plan or a specific plan, or the designatibn or proposed designation of open space, on or after March 1, 2005, it may also be subject to Senate Bill 18 (Burton, Chapter 905, Statutes of 2004) (SB 18). Both SB 18 and AB 52 have tribal consultation requirements. If your project is also subject to the federal National Environmental Policy Act(42 U.S.C. §4321 et seq.) (NEPA), the tribal consultation requirements of Section 106 of the National Historic Preservation Act of 1966 (154 U.S.C. 300101, 36 C.F.R. § 800 et seq.) may also apply. The NAHC recommends lead agencies consult with all California Native American tribes that are traditionally and culturally affiliated with the geographic area of your proposed project as early as possible in order to avoid inadvertent discoveries of Native American human remains and best protect tribal cultural resources. Below is a brief summary of artions of AB 52 and SB 18 as well as the NAHC's recommendations for conducting cultural resources assessments. Consult your legal counsel about compliance with AB 52 and SB 18 as well as compliance with any other applicable laws. 14760 AB 52 AB 52 has added to CEQA the additional requirements listed below, along with many other requirements: 1. Fourteen Da Period ta Pr��ide Notice of Com letion of an A licati�nl�ecisipn to Undertake a Pro'ect: Within fourteen (14)days of determining that an application for a project is complete or of a decision by a public agency to undertake a project, a lead agency shall provide formal notification to a designated contact of, or tribal representative of, traditionally and culturally affiliated California Native American tribes that have requested notice, to be accomplished by at least one written notice that includes: a. A brief description of the project. b. The lead agency contact information. c. Notification that the California Native American tribe has 30 days to request consultation. (Pub. Resources Code § 21080.3.1 (d)). d. A"California Native American tribe" is defined as a Native American tribe located in California that is on the contact list maintained by the NAHC for the purposes of Chapter 905 of Statutes of 2004 (SB 18). (Pub. Resources Code §21073). 2. Be in Co�sultatian Within 3a �]a s of Recp€v:n a Tribe's Re uest for Cnnsult�tion and Before Releasin � Ne ative ❑eelaraiion Miti ated Ne ative Declaration, or En�irnnmental Impact Report: A lead agency shall begin the consultation process within 30 days of receiving a request for consultation from a California Native American tribe that is traditionally and culturally affiliated with the geographic area of the proposed project. (Pub. Resources Code §21080.3.1, subds. (d)and (e))and prior to the release of a negative declaration, mitigated negative declaration or environmental impact report. (Pub. Resources Code§ 21080.3.1(b)). a. For purposes of AB 52, "consultation shall have the same meaning as provided in Gov. Code § 65352.4 (SB 18). (Pub. Resources Code §21080.3.1 (b)). 3. Mandatory 7opics of Consultation lf Requested hv a Tribe: The following topics of consultation, if a tribe requests to discuss them, are mandatory topics of consultation: a. Alternatives to the project. b. Recommended mitigation measures. c. Significant effects. (Pub. Resources Code§ 21080.3.2 (a)). 4. ❑iscretionary T�pics Qf Consultation: The following topics are discretionary topics of consultation: a. Type of environmental review necessary. b. Significance of the tribal cultural resources. c. Significance of the project's impacts on tribal cultural resources. d. If necessary, project alternatives or appropriate measures for preservation or mitigation that the tribe may recommend to the lead agency. (Pub. Resources Code §21080.3.2 (a)). 5. Confidentialit of Inf�rmation Submitted b a Tribe Durin the Environmental Review Process: With some exceptions, any information, including but not limited to, the location, description, and use of tribal cultural resources submitted by a California Native American tribe during the environmental review process shall not be included in the environmental document or otherwise disclosed by the lead agency or any other public agency to the public, consistent with Government Code sections 6254 (r)and 6254.10. Any information submitted by a California Native American tribe during the consultation or environmental review process shall be published in a confidential appendix to the environmental document unless the tribe that provided the information consents, in writing, to the disclosure of some or all of the information to the public. (Pub. Resources Code §21082.3 (c)(1)). 6. Discussion of Im acts to Tribal Cultural Resources in the Environmental Document: If a project may have a significant impact on a tribal cultural resource, the lead agency's environmental document shall discuss both of the following: a. Whether the proposed project has a significant impact on an identified tribal cultural resource. b. Whether feasible alternatives or mitigation measures, including those measures that may be agreed to pursuant to Public Resources Code section 21082.3, subdivision (a), avoid or substantially lessen the impact on the identified tribal cultural resource. (Pub. Resources Code § 21082.3 (b)). 2 14761 7. Conclusion of Consultation: Consultation with a tribe shall be considered concluded when either of the following occurs: a. The parties agree to measures to mitigate or avoid a significant effect, if a significant effect exists, on a tribal cultural resource; or b. A party, acting in good faith and after reasonable effort, concludes that mutual agreement cannot be reached. (Pub. Resources Code §21080.3.2 (b)). 8. Recommendin Miti ation Measures A reed U on in Consultation in the Environmental Document: Any mitigation measures agreed upon in the consultation conducted pursuant to Public Resources Code section 21080.3.2 shall be recommended for inclusion in the environmental document and in an adopted mitigation monitoring and reporting program, if determined to avoid or lessen the impact pursuant to Public Resources Code section 21082.3, subdivision (b), paragraph 2, and shall be fully enforceable. (Pub. Resources Code § 21082.3 (a)). , 9. Required Consideration of Feasible Mitiqafian: If mitigation measures recommended by the staff of the lead agency as a result of the consultation process are not included in the environmental document or if there are no agreed upon mitigation measures at the conclusion of consultation, or if consultation does not occur, and if substantial evidence demonstrates that a project will cause a significant effect to a tribal cultural resource, the lead agency shall consider feasible mitigation pursuant to Public Resources Code section 21084.3 (b). (Pub. Resources Code §21082.3 (e)). 10. Exam les of Miti ation Measures That lf Feasible Ma Be Considered to Avoid or Minimize Si nificant Ad�erse Impacts to Tribal Cultural Resources: a. Avoidance and preservation of the resources in place, including, but not limited to: i. Planning and construction to avoid the resources and protect the cultural and natural context. ii. Planning greenspace, parks, or other open space, to incorporate the resources with culturally appropriate protection and management criteria. b. Treating the resource with culturally appropriate dignity, taking into accourlt the tribal cultural values and meaning of the resource, including, but not limited to, the following: i. Protecting the cultural character and integrity of the resource. ii. Protecting the traditional use of the resource. iii. Protecting the confidentiality of the resource. c. Permanent conservation easements or other interests in real property, with culturally appropriate management criteria for the purposes of preserving or utilizing the resources or places. d. Protecting the resource. (Pub. Resource Code §21084.3 (b)). e. Please note that a federally recognized California Native American tribe or a nonfederally recognized California Native American tribe that is on the contact list maintained by the NAHC to protect a California prehistoric, archaeological, cultural, spiritual, or ceremonial place may acquire and hold conservation easements if the conservation easement is voluntarily conveyed. (Civ. Code§815.3 (c)). f. Please note that it is the policy of the state that Native American remains and associated grave artifacts shall be repatriated. (Pub. Resources Code§ 5097.991). 11. Prerequisites for Certifyinq an Enviranmental Impact Repo�t or Adopting a Mitigated Neqative Declaration or Ne ative Declaration with a Si nificant Im act on an Identified Tribal Cultural Resource: An environmental impact report may not be certified, nor may a mitigated negative declaration or a negative declaration be adopted unless one of the following occurs: a. The consultation process between the tribes and the lead agency has occurred as provided in Public Resources Code sections 21080.3.1 and 21080.3.2 and concluded pursuant to Public Resources Code section 21080.3.2. b. The tribe that requested consultation failed to provide comments to the lead agency or otherwise failed to engage in the consultation process. c. The lead agency provided notice of the project to the tribe in compliance with Public Resources Code section 21080.3.1 (d)and the tribe failed to request consultation within 30 days. (Pub. Resources Code § 21082.3 (d)). This process should be documented in the Cultural Resources section of your environmental document. The NAHC's PowerPoint presentation titled, "Tribal Consultation Under AB 52: Requirements and Best Practices" may be found online at: http://nahc.ca.gov/wp-contenUuploads/2015/10/A652TribalConsultation_CaIEPAPDF.pdf 3 14762 SB 18 SB 18 applies to local governments and requires local governments to contact, provide notice to, refer plans to, and consult with tribes prior to the adoption or amendment of a general plan or a specific plan, or the designation of open space. (Gov. Code § 65352.3). Local governments should consult the Governor's Office of Planning and Research's "Tribal Consultation Guidelines,"which can be found online at: https://www.opr.ca.gov/docs/09_14_05_Updated_Guidelines_922.pdf Some of SB 18's provisions include: 1. Tribal Cansu�tatian: If a local government considers a proposal to adopt or amend a general plan or a specific plan, or to designate open space it is required to contact the appropriate tribes identified by the NAHC by requesting a "Tribal Consultation List." If a tribe, once contacted, requests consultation the local government must consult with the tribe on the plan proposal. A tribe has 90 days from the date of receipt of notification to request consultation unless a shorter timeframe has been agreed to by the tribe. (Gov. Code § 65352.3 (a)(2)). 2. No Statuto Time Limit on SB 18 Tribal Consultation. There is no statutory time limit on SB 18 tribal consultation. 3. Con_fidentialify: Consistent with the guidelines developed and adopted by the Office of Planning and Research pursuant to Gov. Code section 65040.2, the city or county shall protect the confidentiality of the information concerning the specific identity, location, character, and use of places, features and objects described in Public Resources Code sections 5097.9 and 5097.993 that are within the city's or county's jurisdiction. (Gov. Code §65352.3 (b)). 4. Conclusion of SB 18 Tribal Consultation: Consultation should be concluded at the point in which: a. The parties to the consultation come to a mutual agreement concerning the appropriate measures for preservation or mitigation; or b. Either the local government or the tribe, acting in good faith and after reasonable effort, concludes that mutual agreement cannot be reached concerning the appropriate measures of preservation or mitigation. (Tribal Consultation Guidelines, Governor's Office of Planning and Research (2005) at p. 18). Agencies should be aware that neither AB 52 nor SB 18 precludes agencies from initiating tribal consultation with tribes that are traditionally and culturally affiliated with their jurisdictions before the timeframes provided in AB 52 and SB 18. For that reason, we urge you to continue to request Native American Tribal Contact Lists and "Sacred Lands File"searches from the NAHC. The request forms can be found online at: http://nahc.ca.gov/resources/forms/ NAHC Recommendations for Cultural Resources Assessments To adequately assess the existence and significance of tribal cultural resources and plan for avoidance, preservation in place, or barring both, mitigation of project-related impacts to tribal cultural resources, the NAHC recommends the following actions: 1. Contact the appropriate regional California Historical Research Information System (CHRIS) Center (http://ohp.parks.ca.gov/?page_id=1068)for an archaeological records search. The records search will determine: a. If part or all of the APE has been previously surveyed for cultural resources. b. If any known cultural resources have been already been recorded on or adjacent to the APE. c. If the probability is low, moderate, or high that cultural resources are located in the APE. d. If a survey is required to determine whether previously unrecorded cultural resources are present. 2. If an archaeological inventory survey is required, the final stage is the preparation of a professional report detailing the findings and recommendations of the records search and field survey. a. The final report containing site forms, site significance, and mitigation measures should be submitted immediately to the planning department. All information regarding site locations, Native American human remains, and associated funerary objects should be in a separate confidential addendum and not be made available for public disclosure. 4 14763 b. The final written report should be submitted within 3 months after work has been completed to the appropriate regional CHRIS center. 3. Contact the NAHC for: a. A Sacred Lands File search. Remember that tribes do not always record their sacred sites in the Sacred Lands File, nor are they required to do so. A Sacred Lands File search is not a substitute for consultation with tribes that are traditionally and culturally affiliated with the geographic area of the projecYs APE. b. A Native American Tribal Consultation List of appropriate tribes for consultation concerning the project site and to assist in planning for avoidance, preservation in place, or, failing both, mitigation measures. 4. Remember that the lack of surface evidence of archaeological resources (including tribal cultural resources) does not preclude their subsurface existence. a. Lead agencies should include in their mitigation and monitoring reporting program plan provisions for the identification and evaluation of inadvertently discovered archaeological resources per Cal. Code Regs., tit. 14, section 15064.5(f) (CEQA Guidelines section 15064.5(f)). In areas of identified archaeological sensitivity, a certified archaeologist and a culturally affiliated Native American with knowledge of cultural resources should monitor all ground-disturbing activities. b. Lead agencies should include in their mitigation and monitoring reporting program plans provisions for the disposition of recovered cultural items that are not burial associated in consultation with culturally affiliated Native Americans. c. Lead agencies should include in their mitigation and monitoring reporting program plans provisions for the treatment and disposition of inadvertently discovered Native American human remains. Health and Safety Code section 7050.5, Public Resources Code section 5097.98, and Cal. Code Regs., tit. 14, section 15064.5, subdivisions (d) and (e) (CEQA Guidelines section 15064.5, subds. (d)and (e)) address the processes to be followed in the event of an inadvertent discovery of any Native American human remains and associated grave goods in a location other than a dedicated cemetery. Please contact me if you need any additional information at gayle.totton@nahc.ca.gov. Sincerely, �� � Totton, M.A., PhD. ss cia#e Governmental Program Analyst cc: State Clearinghouse 5 14764 Scott, Shawna From: Salinantribe <salinantribe@aol.com> Sent: Monday,July 31, 2017 8:22 PM To: Scott, Shawna Subject: Froom Ranch Specific Plan Project Greetings Scott, I have reviewed the proposed project and have no concerns at this time. Thanks, Patti Dunton,Tribal Administrator Sent from my iPhone 1 14765 Bicycle Advisory Committee July 30, 2017 Draft -Safe, convenient and consistent bicycle-pedestrian access through Irish Hills Plaza to Froom Ranch Road, preferably a multi-use trail along the western edge of the plaza so bicyclists and pedestrians can avoid maneuvering through the parking lots. This trail would enable pedestrians and people on bikes to shop at Irish Hills Plaza without having to travel on Los Osos Valley Road; and to cross Los Osos Valley Road to access bike/pedestrian improvements being constructed as part of the San Luis Ranch development. -Safe and convenient bicycle/pedestrian access to C.L. Smith Elementary School and Laguna Middle School for students and employees who live in the planned multi-family units. -Protected intersections on Los Osos Valley Road at Froom Ranch and Auto Park Way. -Auto Park Way should be a complete street. -Froom Ranch Road from Los Osos Valley Road to its terminus at the Irish Hills Open Space should be a complete street. -Fair share contribution to construct and connect these Bob Jones Trail segments to the existing segment from Prado Road to Los Osos Valley Road: Los Osos Valley Road to the Octagon Barn, a grade-separated crossing of Los Osos Valley Road under Highway 101 and the Prefumo segment from Oceanaire Drive to Calle Joaquin. 14766 S .r `�FdAMA�'IpN� �`� `� °�� LAFCO - San Luis Obispo - Local Agency Formation Commission � � _� N SLO LAFCO- Serving the Area of San Luis Obispo County � z ,!`9�. Le.v C��5�8f���� August 1, 2017 COMMISSIONERS Ms. Shawna Scott, Associate Planner Community Development Department Chairman City of San Luis Obispo MARSHALLOCHYLSKI g19 Palm Street Special District Member San Luis Obispo, CA 93401 Vice-Chairman EDWAAGE Subject: Notice of Preparation of an Environmental Impact Report (EIR) — City Member Froom Ranch Specific Plan and Annexation DEBBIEARNOLD Dear Ms. Scott: County Member Thank you for the opportunity to provide comments regarding the scope and LYNN COMPTON content of the draft EIR and Specific Plan for Froom Ranch. The Local Agency County Member Formation Commission (LAFCO) is a Responsible Agency that may use these ROBERT ENNS documents for consideration of a future annexation to the City. LAFCO's Special District Member comments are focused on the potential annexation of this area into the City and the off-site mitigation for the Madonna-Gap annexation to protect prime ROBERTAFONZI agricultural lands: The 110 acre area is within the City's Sphere of Influence. City Member The Sphere of Influence for the City was updated in October 2016 and identifies areas which may�be annexed into the City for �ervices over the next 20 years. TOM MURRAY The Sphere of Influence Update and Municipal Service Review prepared and Public Member approved by LAFCO may be useful in preparing the draft EIR. Please consider �� the following comments when completing the EIR: ED EBY 9, Name of Contact Person. David Church, Executive Officer, San Luis Special,District Member Obispo Local Agency Formation Commission, 1042 Pacific Street, Suite A, San Luis Obispo, CA 93401. (805) 788-2096. ADAM HILL County Member 2 permit(s) or Approval(s)Authority. LAFCO is responsible for determining JAMIEL.IRONS the Sphere of Influence for jurisdictions throughout the County, including City Member the City of San Luis Obispo. LAFCO also considers any annexations or changes of organization to a jurisdiction's service area. The proposed HEATHERfENSEN annexation is subject to LAFCO's local policies and procedures which can Public Member be found on our website at www.slolafco.com. These policies and procedures should be reviewed as part of the CEQA process if LAFCO is to $TAFF use the EIR as a Responsible Agency in considering the annexation. Of DAVIDCHURCH particular note is the preparation of a Plan for Services by the City. A Plan Executive Officer for Services identifies the services that the City would deliver and the City's capability to provide such services. The specific government code section RAYMONDA.BIERING that identifies the elements of:a plan for services is aS follows: � Legal Counsel M�KEP�TER GC.56653. (a) Whenever a local agency submits a resolution of�application Senior Analyst for a change of organization or reorganization pursuant to this part,:the local .agency shall submit with the resolution of application a plan for providing DONNAJ.BLOYD services within the affected territory. Commission Clerk 1042 Pacific Street, Suite A • San Luis Obispo, California 93401 Tel: 805.781.5795 Fax: 805.788.2072 www.slolafco.com 14767 Froom Ranch NOP-EIR Page 2 of 3 LAFCO Comments August 1, 2017 (b) The plan for providing services shall include all of the following information and any additional information required by the commission or the executive officer: (1) An enumeration and description of the services to be extended to the affected territory. (2) The level and range of those services. (3) An indication of when those services can feasibly be extended to the affected territory. (4) An indication of any improvement or upgrading of structures, roads, sewer or water facilities, or other conditions the local agency would impose or require within the affected territory if the change of organization or reorganization is completed. (5) Information with respect to how those services will be financed. 3. Environmental Information. In order to consider the annexation of this area into the City an adequate environmental document must be prepared for LAFCO's use. To expedite the annexation process, we recommend that the City's EIR fully address the potential environmental impacts of adding this area to the City. A comprehensive analysis of the environmental impacts, including GC 56064 defining prime agricultural lands, related to the area proposed for annexation will enable LAFCO to use the EIR prepared by the City for annexing the property. The EIR should address the capability of a jurisdiction to provide public services to existing and future residents with regard to water supply and demand, sewer capacity and demand, fire and police response, growth and development, roads, and financial constraints and opportunities. 4. General Comment. Annexation generally requires the following information and activities; a. Application through a petition of property owners or a City Resolution of Application - Submittal of Application b. Preparation of Maps and submittal of all related information, approvals and documentation c. Approval of Negotiated Tax Agreement between the City and County d. Prezoning approved by the City; City is Lead Agency e. Preparation of a Plan for Services by the City f. Evaluation and Consideration by LAFCO, if approved; g. Post annexation steps - condition compliance and Board of Equalization Filing and other notifications 5. Project Description. The Project Description should provide a description that addresses Prezoning, the Negotiated Tax Agreement, and the annexation processes. This will make the project description more complete and accurate. The annexation process for these areas should be included in the Project Description. It also should be clarified what area would be annexed into the City. An annexation map should be included in the document. It would appear that a Water Assessment pursuant to SB 610 will be prepared for this 14768 Froom Ranch NOP-EIR Page 3 of 3 u LAFCO Comments August 1, 2017 proposal/project. This analysis evaluates the projects water supply to serve the anticipated demand. 6. Impact Analysis. LAFCO policies and procedures should be incorporated into the impact analysis discussions as appropriate. LAFCO has polices that address the following impact areas: Agricultural Resources Public Safety Water/Wastewater Land Use Growth Inducing These impact areas should be analyzed for consistency with LAFCO policies. 7. LAFCO Agricultural Policies. LAFCO's goals, policies, and guidelines regarding Agricultural Resources should be included in the EIR analysis. These policies should be reviewed and analyzed for consistency with the proposed specific plan. A key policy to be considered is the 1:1 substitution ratio for preserve prime agricultural land. A clear project description or map clarifying the agricultural easement offset and preservation of 7.1 acres from the Madonna-Gap annexation should be included. The reconfigured 7.1 acres must meet the intent of LAFCO's action for the Madonna-Gap development. Also if any other prime farmland is converted as part of the Froom Ranch development, then its impacts should be offset per LAFCO Policy 12. 8. Mitigation Measures. Mitigation Measures that assist LAFCO in achieving its legislative goals such as reducing the impacts to agriculture and open space should be referenced. Other key mitigation measures regarding roads and circulation, air quality, and public services should be noted. While LAFCO has discretion over the annexation proposal, mitigation measures that reduce impacts to resources assist LAFCO in the decision making process and should be referenced in this section. 9. Permit Stipulations/Conditions. Unknown at this time. 10. Alternatives. Any analysis of alternatives should include an evaluation of the impacts the proposed annexation might have on the environment. LAFCO has the discretion to modify a boundary change proposal, however; if a particular alternative was not studied as part of the CEQA document, LAFCO would not be able to approve a modified annexation due to an inadequate CEQA review. We appreciate being contacted with regard to this project and look forward to hearing more about the plan as it progresses through the environmental review and planning process. If you have any questions regarding our comments please contact me at 788-2096. Sincerely, � David Church, LAFCO Executive Officer cc. Commissioners Ray Biering, LAFCO Counsel 14769 F r � CAL F/RE �t�;�.�t�� San Luis Obispa 635 N.Santa Rosa•San Luls 06ispo,CA 93405 Coun ty Frre De pa rtmen t Phone:805.543.4244•Fax:805.543.4248 www.calfireslo.org h�RFr , .-- � ;,�[�I►,,,; Scott M.Jalbert,Unit Chief , �- ,D�pt;, -S August 2, 2017 City of San Luis Obispo Community Development 9�9 Palm Street San Luis Obispo, CA. g�4oi Subject: Froom Ranch Specific Plan project. Dear Shawna Scott We have reviewed the annexation of the Froom Ranch Specific Plan Area consists of two parcels located at i2i65 and i2393 Froom ranch way,totaling approximately 110 acres (APN 06�-24�-03o and o6�-24�-03�)within unincorporated San Luis Obispo County,and adjacent to City of San Luis Obispo city limits. The annexation poses no adverse impacts relative to providing emergency services from CAL FIRE/San Luis Obispo County Fire Department. If these lands are not annexed, any future development associated with these lands will be reviewed by the County of San Luis Obispo. If I can provide additional information or assistance, please call(805) 593-3422• Sincerely, Travis Craig Battalion Chief/Fire Marshal 14770 COUNTY OF SAN LUIS OBISPO � DEPARTMENT OF AGRICULTURE /WEIGHTS & MEASURES ;, ,� �neasures DATE: August 4, 2017 TO: Shawna Scott,Associate Planner FROM: Lynda L.Auchinachie,Agriculture Department SUBJECT: Froom Ranch Specific Plan Notice of Preparation (1957) Thank you for the opportunity to comment on the scope and content of the draft environmental impact report(DEIR)for the Froom Ranch Specific Plan Project. In addition to the issues identified in the initial study the following is recommended to be evaluated in the DEIR: • The project includes annexation to the City of San Luis Obispo.The Cortese-Knox-Hertzberg Local Government Reorganization Act's definition of"prime agricultural land" should be included as part of the evaluation of project impacts to agricultural resources. Prime agricultural land as defined in Government Code 56064 includes: "Prime Agricultural land"means an area of land, whether a single parcel or contiguous parcels, that has not been developed for a use other than an agricultural use and that meets any of the following qualifications: a) Land that qualifies, if irrigated, for rating as class I or class II in the USDA Natural Resources Conservation Service land use capability classification, whether or not land is actuall�irrigated, provided irrigation is feasible. Irrigation was determined to be feasible on the project site at the time the agricultural easement offset was proposed and established for the Madonna-Gap annexation. • How will the integrity of the existing agricultural easement be maintained with the proposed development? Thank you for your consideration. If you have questions, please call 781-5914. 2156 Sierra Way,Suite A � San Luis Obispo, CA 93401 � (P)805-781-5910 � (F)805-781-1035 slocounty.ca.gov/agcomm � agcommslo@co.slo.ca.us 14771 From: Lea Brooks <leabrooks332@gmail.com> Sent: Tuesday, August 01, 2017 11:50 AM To: Fukushima, Adam Subject: More Froom Ranch and Broad Street Bike Blvd Hi Adam: Regarding Froom Ranch scoping, I rode the west segment of Calle Joaquin today to KSBY and the Mountainbrook Church at the top of the hill. The proposed secondary emergency access from Froom Ranch is a road to the church. Planning Commission Chair Chuck Stevenson was concerned that this road would be closed unless there is an emergency and expressed support for keeping it open and visible so residents of Froom Ranch will know of its existence. It's surprisingly remote back there. From a BAC perspective, I'm not sure if it's worthwhile to augment Chuck's concerns. This segment of Calle Joaquin is definitely not a complete street. If the emergency road is open and residents use it, some improvements to make it safer for bicyclists should be added. I didn't realize there is access to the Irish Hills Open Space via the driveway to the church. Do you know if the driveway is part of the church property- maybe the trail access was a mitigation -or a city maintained road? It looks more like a driveway, but you never know. Regarding the bicycle boulevard: How can the BAC invite city council members on a tour to show the three alternatives? As an advisory body, do we need to vote via e-mail to offer a tour and can staff participate? I think a tour would be really helpful to council members. Thanks. Lea 14772 STATE OE'CAL]F4RI�IA�'ALIFURNIA STATE TRANSPURTATIUN AGENCY ED�v1U1Vp G.13ROWN Jr Governor DEPARTMENT OF TRANSP�RTATI�N � 50 E-[[Gi1ERA STREET r`r����l SAN LU[S bB[SF'O,CA 93401-5415 ���� PHQtJE {�OS)549-31a1 FAX (SOS)549�3329 TTY 7l 1 Flcx yoau�power! http:ll�vww.dot.ca.�ov;'dlti[�5i 13e eiaeigv efficiertl! August 10, 2017 Ms. Shawna Scott OS-SLO-25.9 City of San Luis Obispo Coinmunity Develapment SCH: 2017071033 919 Palm Street San Luis Obispo, CA 43401 Dear Ms. Scott: NOTICE OF PREPARATION FOR FROOM RANCH SPECIFIC PLAN PROJECT Thank you for providing Caltrans the opportunity to comment on the Notice of Preparation (NOP) for the Froom Rancll Specific Plan. This project includes a Specific Plan, General Plan A�nendment, and related actions that propose the addition of 578 residential units, 100,000 sf commercial retail, 59 acres of conservationlopen space and other public facilities and road improvements. We commend the project's goals of providing additional work force housing to promote a job�-�lausir�g balance as a stra�egy to reduce Vehicle Miles Traveled (VMT) and single accupancy vehicle dependency. These objectives are consist�nt with the Caltrans' Strategic Manc�genzent Plan 2015-2020 and 5tate planning priorities. Caltrans appreciates continued coordination with the City on this project as it relates to transpartation analysis and identification of impacts to the State Highway Systein and provides the follawing camments regarding transportation analysis. The Preliminary Transportation Analysis for the NOP identifies that the project will generate an additional 353 PM Peak Hour trips. Caltrans believes that this woulc� potentially have significant impacts to US 101, especially in consideration of tl�e additional trips to be generated by the San Luis Ranch and Avila Ranch projects. Therefore, it is important that the transportation analysis for the project factor in the trips anticipated frorn tk�ese and other significant locai development projects. A transportation analysis of US IO1/Los Osos Valley Road (LOVR) interchange, US 1O11South Higu�ra Street interchange, and the US �41/Madonna Street interchange is necessary to fully disclose all patential iinpacts. For the US 101 freeway study segments between Madonna Road and South Higuera Street, the analysis should also include freeway weave (Leisch Method}, and mergeldiverge analysis. Caltrans requests that the cumulative conditions o� the TIS reflect the currei�t Prado Road interchange praject scope that includes an overerossing with northbouild rainps (not as "full-access" assu�ning northbaund and southbound ramps}. Caltrans would Iike to clarify t�at tE�e above transportation analysis recominendations �or the Froom Ranch Specific Alan are based on Caltrans engineering judgeinent tl�at supersedes general guidance or thresholds outlined in Caltrans' Giaicle for the Prepa�ation of Traffrc Impact Stuclies. `Pl•oricde ca sca�e,sit�sta�:n.able, d��.te��•a�Led a�ri,rf effi.cr�eti�G Grc�ii�spor•laG�=oiE s��sGem. 14773 to e�ah�nx�ce Californra's eco��oriay a-ri.d li��a.bildty" Ms. Scott August 10, 2Q17 Page 2 Caltrans supports six smart mobility principles of location efficiency, reliable mobility, health and safety, enviranmental stewards�lip, social equity, and robust econamy. We request that the transportation analysis discuss multimodal transportation strat�gies that improve comlectivity to the existing and planned transportati�n network that is consistent with the six sinart mobility princip�es. Caltrans also requests t�lat any additional post-development water run-off fram the proj ect site, during or after construction, should not be added to Perfumo Creek ar Froom Creek, as this could create potential advers� impacts to culverts within Caltrans right-of-way near US 101. This area has a history of flooding as portians of the project site are within khe 100-year and 500-year FEMA fload zones. Caltrans cannot allo�v additianal s�orm n.�n-off impacts fram the project to U� 1Q1. Thank you far considering these comments and we appreciate cantinued coordination through the subsequent phases of environmental revievv for this praject. Please feel welcorne ta contact me at (805) 549-3800 or melissa.streder�dotca.�with any questions. Sincerely, %��� -�-� MELISSA STREDER Caltrans District 5 Development Review `Pr�oc�rde a sa/'e,srestai��abl.e, in.tegrntecd rri�.c!effrcien.t trcri�s�artatrori.systeriz 14774 ta ert.laa.rtce Ca�li�orrtcct:5 eco�aon�.y a11,d dlca�6ility" .��.,.�.,..,.k.b..�.�.. California Native Plant 5ociety R�c�°''�° CiTY OF SAN LU;`a()B15P0 San Luis Obispo County Chapter P o.Box �s4 f-�IJG � 1 2Q97 San Luis Obispo, CA. 93406 ,� COMIUUIVI7Y D�I��LOPMENT ,�..._,.�ri.�..r,_,.r.�..,.��.,......w.. . August 11, 2017 Ms. Shawna Scott City of San Luis Obispo 990 Palm Street San Luis Obispo, CA. 93401 RE: Response to Notice of Preparation(NOP) of an Environmental Impact Report(EIR) on a Proposed Development on the Froom Ranch at Calle Joaquin and Los Osos Valley Road. Dear Ms. Scott: The San Luis Obispo County Chapter of the California Native Plant Society wishes to respond to the above captioned Notice of Preparation(NOP) for a large proposed development on the Froom Ranch at Calle Joaquin and Los Osos Valley Road in the City of San Luis Obispo. We have significant concerns about this proposal and request that these concerns be addressed in the EIR. I. Development above the 1 SO foot level. The City's General Plan requires that new development in the Irish Hills stay below the 150 foot elevation line. The current proposal ignores that restriction and extends well above that line in two areas of the property. (For purposes of discussion we will refer to the larger southern area as the "plateau" and the smaller northern area as the "storage area".) This action, if permitted, would have aesthetic, biological, hydrological, and noise impacts on the project site, on the adjacent Irish Hills Natural Reserve and on the larger community. These are discussed below. Aesthetic Impact. Development above the 150 foot elevation on the plateau would be highly visible and very different from what currently exists in the city limits in the Irish Hills. The nearby Vineyard Church was developed in the County (which had and has no elevation limit for development). Church leaders made a conscious decision to develop in the County rather than annex into the City because of this restriction; therefore the Church's existence in that location should not be used as a justification for the City abandoning its policies in this regard. It is also fair to question whether this change could be considered a special privilege: prohibition of development above the 150 foot elevation has been City policy for more than twenty years, and it must be demonstrated that the project cannot be undertaken unless this change in City policy is granted. The current project proposes to construct several buildings on the plateau,together with the necessary infrastructure to support them; this would include roads, water, sewer, and power lines (presumably underground), and a generally significant increase in level of activity. A public hiking trail exists on public land here close to where the road access would be;the road would create an entirely new social environment in that spot, bringing noise and pollution to an area free of such disturbances today. This potential needs to be addressed in the EIR. 14775 The proposal for the plateau area is not just seeking to go a few feet above the 150 foot elevation; it proposes a quantum leap of some 88 feet, to a"roof elevation" of 238 feet. This may mean(despite denials by the project sponsors) that a large water tank will need to be constructed at an even higher elevation in order to provide the necessary pressure and flow volume to meet the needs of domestic water use and firefighting capability. This is because the main water supply for this entire portion of the city comes from the Edna Saddle Tank some three miles away. Such a new tank will need pipelines to get the water to it as well as back down, and will require a lar�e cleared and flattened area on the hillside to locate the structure. This will have its own impacts, which need to be analyzed in the EIR. (It is important to note that the City of San Luis Obispo Utilities Department has desired such a facility in the Irish Hills area for many years, but has been unable either to find a suitable site or to figure out how to finance it. This proposal will make that desire much more urgent.) The storage area above 150 feet, although currently of limited natural resource value, could be restored and used as a trailhead and neighborhood park, and as a superior location for an historic park preserving the historic buildings of the Froom Ranch. A public use such as this is a possible justification for development above the 150 foot elevation in that location, while a private apartment complex that can just as easily be developed below that elevation, is not. Private development there would in our opinion"privatize"the nearby public lands, creating possible use conflicts where none exist at this time. This is because the area immediately adjacent to the storage area is a popular trail and trail junction, experiencing considerable use by hikers, bicyclists,joggers, etc. This potential conflict needs to be examined by the EIR. Biological Impact. The Froom Ranch is known or believed to contain at least 13 species of rare plants (including one Federally listed endangered plant species) and at least 22 species of animals. Most of the plants occur on the plateau area or on the nearby hills and rocky outcrops. The plateau also supports an unusual plant community, serpentine bunchgrass grassland. The Federally listed species, Chorro Creek bog thistle (Cirsium fontinale var. obispoense) in our opinion at particular risk and this will be addressed further below. The EIR needs to investigate each of these species, as well as the existing vegetation types, and determine the impacts upon them occasioned by the project. Hyd�ological resou�ces on the Plateau. We are concerned that development of the plateau would disrupt the groundwater flow regime,potentially leading to the loss of the Chorro Creek bog thistle populations in that location. This is especially true of the fairly large (300 individuals)population near the northern end of the plateau,which is a well-developed seep whose water source is unclear. The groundwater flow regime at this site needs to be studied and understood. We believe that road and underground pipe installation could easily interrupt such flow and cut the seep off from its water supply. At the southern end of the plateau there is a small creek which also has a healthy population of bog thistle. Earlier proposals for the development appeared to actually cover over this stream; it is uncertain whether such is still the case. This potential needs to be addressed in the EIR. 14776 II. Protection of Chorro Creek bog thistle stands. The Federally listed Chorro Creek bog thistle occurs in at least two areas on the property, and has been reported in other areas in the past. The project proposes to stay 50 feet away from the populations of this rare plant; however, nothing is said about the conditions that support these populations. This species occurs in wet areas such as springs or seeps in serpentine soils. It is possible, even likely, that development around or near them could change or interrupt the flow of groundwater and result in the destruction of the stands, especially the larger northern one. Both of these populations are above the 150 foot elevation on the plateau. Potential impacts to Chorro Creek bog thistle, especially the potential for being cut off from an existing underground water source, needs to be analyzed in the EIR. III. Realignment of Froom Creek and Destruction of Wetlands. The project proposes to "restore"Froom Creek, whose flow line evidently was changed at some time in the past. The proposal, however, seems to have more to do with creating space for new development than any particular desire to "restore"the creek. The proposed alignment would bring the creek very close to Los Osos Valley Road, picking up the drainage alongside the road, and then circling back to the point where the creek currently leaves the property. This alignment would effectively destroy a rich and valuable wetland alongside Calle Joaquin by grading, levee construction, and interruption of the groundwater flow regime. Current Condition of Froom Creek. Froom Creek originates in the Irish Hills some 2.5-3 miles northwest of the project location, and flows in a southeasterly direction through a scenic canyon on mostly publicly-owned and protected lands. After exiting the canyon the creek turns in a southerly direction and flows for about another mile into San Luis Obispo Creek. Near its headwaters Froom Creek is pristine and permanent, and is known to contain southern steelhead; however, in the lower portions of the canyon road construction from many years ago deposited huge amounts of rock, silt, and debris into the streambed and radically altered it. In certain areas the creek flows on the surface only for short periods during and after storm events, and in the lower reaches of the canyon it becomes seasonal. This seasonal character continues after the creek leaves the canyon and flows on the valley floor toward its confluence with San Luis Obispo Creek. Once in the valley the creek has essentially no riparian vegetation; it gives the appearance of being little more than a stormwater conveyance. It is possible (but is not known for certain)that the creek was placed into its current alignment by construction; older maps indicate a different location for the creek than is the case today. However, subsurface flows are another matter, and those flows are our primary concern. Subsurface Flows. As noted above, upon exiting the canyon and entering Los Osos Valley, Froom Creek is seasonal, flowing during the winter but drying up in late winter or early spring. However, there is evidence of significant subsurface flows, which presumably continue in a southeasterly direction,then surface to create a healthy, rich wetland near the junction of Los Osos Valley Road and Calle Joaquin. 14777 Effect of Froom Creek Realignment Proposal. The project proposes to realign Froom Creek in a large sweep to the east nearly to Los Osos Valley Road, picking up a tributary drainage there, then swinging back in a wide curve to exit the project site at the same location at which the creek exits the site today. To do this will require the construction of a large channel that will cross the subsurface flow pattern possibly intercepting that flow and cutting off the Calle Joaquin wetlands from their source of water. It would lengthen the creek and reduce its gradient, thus making it flow more slowly. Furthermore, as an engineered waterway,the creek will need to be able to contain a 100 year storm event. This in all likelihood means that there will be a levee on one or both sides of the creek, which in many areas will bury and destroy other valuable habitat. We believe that the very concept is inconsistent with the City's creek setback ordinance; the creek's location should establish the setback, rather than moving the creek somewhere else and saying that it is now res�ecting the setback rules. This is standing the creek setback ordinance on its head. The Froom Creek Floodplain and Potential for Flooding. The potential for major flooding in the project site seems to be understated. Dramatic photographs of several storm events emphasizing this potential are available on various local websites; we have included one from flooding in 1973. Flood protection would appear to be a tremendously important consideration, and the steps needed to protect the development and neighboring properties along Los Osos Valley Road and Calle Joaquin need to be studied and addressed. This may need to include the potential for "back-flooding" from San Luis Obispo Creek and Prefumo Creek. All of these possible impacts of the "restoration" concern us greatly; we are not at all convinced that the proposal is a net benefit to the local environment. We therefore insist that the EIR at a minimum include: 1. A thorough analysis of the groundwater and subsurface streamflow of Froom Creek as it exists today; 2. Engineering calculations and maps depicting the current flood plain of Froom Creek as it exits the canyon and crosses the project site, and continuing to Froom Creek's confluence with San Luis Obispo Creek; 3. A design plan for the creek realignment, showing all grading, including elevations of both the newly formed creek channel, and all levees or other containment features intended to contain at least the 100 year storm event, together with representative cross sections at appropriate intervals, and recognizing the potential for back-flooding; 4. A description of the planting palette and distribution that would constitute the "restoration"; 5. An analysis of the likely impacts of this project on subsurface water flow and the Calle Joaquin wetlands, as well as proposed mitigations for those impacts; and 6. Consideration of alternatives, including simply leaving the creek in its current location or with only minimal realignment, and revegetating its banks with"dry riparian"plantings such as coast live oak, California bay, elderberry, islay, toyon, and other native species found in similar situations nearby. 14778 IV. Historic Resources. The Froom Ranch buildings have been found to be of community-wide historical value by the City's Cultural Heritage Commission, which recommended that they be retained in their current location if possible. Our view is that the retention and restoration of these buildings should not be a stand-alone effort,but rather should be done in concert with other community goals associated with this project. We do not believe that maintaining the buildings in their current location would result in the most attractive setting for such a facility, and to the degree that they can be moved and repositioned, they should be placed in an appropriate layout at the current storage area, with the dairy barn forming one side of the replica historic site (we understand that the dairy barn cannot be moved). An existing berm provides visual and noise separation from nearby activities, which would result in a more attractive and appropriate setting for this rural complex. This would be combined with a trailhead park and perhaps a creekside trail or walkway describing restoration efforts that would be undertaken on Froom Creek in that location. In this way the historic site would support and complement City General Plan policies, by having the only development above the 150 foot elevation be a public amenity. V. "Double dipping"and other measurements with regard to open space percentage; loss of open space in the detention basins. There is a seven acre agricultural conservation easement that would be effectively destroyed by the creek realignment; this was due to the fact that the soils in that area are rich and productive enough to qualify for such an easement, and it was required by LAFCO as mitigation for impacts associated with development of the Target shopping center some years ago. It is possible that LAFCO could require retention of this easement or its effective replacement. At the very least that seven acres should not be counted toward the minimum open space requirement(50%) of the project; it has been counted once and should not be counted again. Doing so would be contrary to City policy and should be disallowed. In addition, the project uses certain small areas of no real open space value (such as strip of land between the project site and the roadway alongside the Irish Hills Plaza) as open space. Areas claimed as open space should be of sufficient size to be able to support wildlife populations with reasonable connection to larger areas in the Irish Hills. This situation should also be examined in the EIR, and City Natural Resources staff can make the judgment of whether the areas claimed as open space can actually be included. We are not particularly impressed by the 50% land conservation proposal: open space to development ratios of past projects in the City have been far more generous to the community. These include Tolosa Ranch at 4.5 to 1; Prefumo Homes at 13 to 1; and Bowden Ranch at 16 to 1. Even Tract 2428 in the high-density middle-of-town Margarita Area was 2.5 to 1. Finally, the current project apparently proposes to relocate the existing detention basins in order that they may be used for development. The basins are evidently now proposed to be relocated downstream onto the neighboring Mountainbrook Church property. It is uncertain whether they will function at the same scale and in the same manner as the current basins; they may in this location be subject to back-flooding from San Luis Obispo Creek as noted above. Furthermore it is uncertain whether the wildlife value of the basins (which held many water birds during the past winters, including drought years)has been adequately studied, as this change seems to be a recent concept. We believe that at least one of the basins involves another open space easement, which would be lost if the project went forward as proposed. That possibility needs to be 14779 examined. Losing dedicated open space is a serious concern and requires mitigation. This situation needs careful examination in the EIR, especially to determine that habitat losses are adequately mitigated at the proposed new detention basin site. Alternatives We believe that several alternatives offer superior environmental conservation of the project site while still allowing a reasonable level of urban development there. Among these are: 1. No development above the 150 foot elevation at the plateau. By upholding the current General Plan, the project's impacts would be significantly reduced. Looking at the "constraints map"prepared by the project sponsors, one can easily see how many constraints coalesce on the plateau. This situation cries out for avoidance, and a development staying below that elevation will avoid many otherwise significant impacts. 2. No development other than a possible historic park and trailhead above 150 foot elevation at the storage area. The current storage area appears from project maps to be at an elevation of approximately 160 feet. The project sponsors propose to fill this area with apartments of unknown floor or roof elevations. We believe that a more appropriate approach in this location would be to relocate the smaller historic buildings of the Froom Ranch(the dairy barn is said to be too large to move) in order to create a replica of the original site. An existing berm would provide visual separation from the current surroundings—the back side of Home Depot and the queue at the gasoline station at Costco—and provide a more attractive setting for this rural farmstead. In addition it would allow for a trailhead at the origination of five different trails radiating out from this point. It would also provide an excellent point from which to learn about restoration of Froom Creek, which in this area is degraded but which can be restored without great difficulty. 3. Retention of Froom Creek in its current location. Froom Creek does not need to be relocated in order to be restored. It has been in its current location for many years, and can be restored with the so-called"dry riparian"plantings commonly found along similar waterways in the San Luis Obispo area. These include trees such as coast live oak, California bay,bigleaf maple, and California buckeye, and shrubs such as toyon, islay, elderberry, California rose, snowberry, ocean spray, and others, which would make a rich and diverse vegetative palette alongside the immediate waterway. Indeed, we question whether such a wholesale repositioning of the creek is consistent with the City's creek setback ordinance. Summary In summary, CNPS requests that the following matters be analyzed in the EIR: 1. The visual, noise, and other aesthetic impacts of the development. 2. The biological and hydrological conditions of the plateau area, the impacts of development upon those resources, and mitigation for those impacts; 14780 3. The groundwater flow regime of the Froom Creek delta and its relationship to the Calle Joaquin wetlands; 4. Analysis of the Froom Creek floodplain,history of flooding, how the project would attempt to control this flooding (including back-flooding), and what possible impacts (such as interruption of groundwater flows) might occur as a result(see specific requests in the discussion about Froom Creek above); 5. Specific analysis of the surface and groundwater flow regimes supporting the stands of Chorro Creek hog thistle on the plateau, what the impact of development there would be, and how such impacts would be mitigated; 6. Impact of the residential development at the storage area, and consideration of alternatives; 7. Impact of the relocation of the detention basins on wildlife use of the basins and their functioning as wildlife habitat; 8. Propriety of including lands already conserved as part of the conservation("open space") portion of the project. Thank you for the opportunity to comment on this NOP. Sincerely, �' ' ��,��� �� Neil Havlik, PhD. California Native Plant Society, San Luis Obispo County Chapter 672 Serrano Drive#11 San Luis Obispo, CA. 93405 805-781-9624 neilhavlik@aol.com 14781 � � ��' � � . � .� , � r ' , �� � �! �. � T �► � ' � I� . � . �'y� ` � _ I � � , � � � �k �� � � � � � � . .� # � �� i `� _�. t, � � �P � . _ '+� � ,� � �M � . . "h �� � � � 1 �� " � �� �` ' s � �� � � ,� � �r� � �.�. � . , , � � I� s � �+ � e �•� r � � . 4;• � � � � � �.� s ,1' � � � � � � �� � �. � � � '� , � : � � � � � � � �: � �'� i �' � �- .� � � , � - , � ,� , � � �� � �'�� � � .'� r � � � � � �� � , � �. � � � �.. a a , ,� � — + Y; � � �� �� � � � y ' 1 • I F � y . ' �� � � � � � �i a J r 7 .� M � � # � �. � . { � � � . T , ,. � � � • � �= 14782 � � '� + ,�� � � M � i �4 1 � � �' _ K sL�ar��p+.,�� � ��, � I � � � � CONNECTING COMMUNITIES L ARR�YO GRAN�E A7ASCAbERO GROVER BEACH MORRQ BAY PASD RpBl.�S PISMQ 6EACH SAN LL115 OBI5P0 C�LJtVCIL aF GOVERNMEE+ITS 5AN L1115 OBE5P0 SAN L1115�BI5P�C�UN7Y August 14, 2017 Emily Creel Contract Planner and City Project Manager SWCA Shawna Scott Associate Planner(Staff Liaison) City of San Luis Obispo RE: Froom Ranch Specific Plan Environmental Impact Report(Notice of Preparation) Dear Ms. Creel and Ms. Scott: This letter submits comments from the San Luis Obispo Council of Governments (SLOCOG) related to the scope of the Environmental Impact Report (EIR)to be prepared for the subject project. Many comments reference SLOCOG's 2014 Regional Transportation Plan and Sustainable Communities Strategy(2014 RTP-SCS). A link to this document, along with project references, is included at the end of this letter. Land Use/Planning 1. The site is not within an adopted Target Development Area of the 2014 RTP-SCS(p. 2-18). 2. The 2014 RTP-SCS's Sustainable Communities Strategy(SCS, Ch. 2) includes policies that support, among other things, reducing vehicle miles traveled (VMT) and related emissions (SCS 4); compact, mixed-use, and infill development in Target Development Areas (SCS 5); equitable, affordable housing (SCS 7); and protection of important farmland and valuable habitats (SCS 14 and 15).These policies are related to CEQA impacts, including agricultural resources, biological resources,transportation/traffic, climate change, and population and housing. Population/Housing 3. SLOCOG's 2050 Regional Growth Forecast(2017)found that San Luis Obispo County's housing market is the tenth-least affordable market in the country, and fourth-least affordable small market in 2016 Q4 (National Association of Home Builders/Wells Fargo Housing Opportunity Index [HOI]). Based on the HOI, only 21.1 percent of family households could afford a median-priced home in the region in 2016 Q4 (see Figure 31, page 62).The 2014 RTP/SCS's Sustainable Communities Strategy includes policy language that is 1 1 14 Marsh Street San Luis ❑l�isp�, CA 934�1 � t {8D5}781-4219 f {$�5}781-5703 � slo�og@sla��g.nrg 5Z�3�G.ORG ��, � I � � � � CONNECTING COMMUNITIES L ARR�YO GRAN�E A7ASCAbERO GROVER BEACH MORRQ BAY PASD RpBl.�S PISMQ 6EACH SAN LL115 OBI5P0 C�LJtVCIL aF GOVERNMEE+ITS 5AN L1115 OBE5P0 SAN L1115�BI5P�C�UN7Y supportive of equitable, affordable housing... for people of all ages, incomes, races and ethnicities to increase mobility and lower the combined cost of housing and transportation (SCS 7). The EIR should consider the potential impacts of not accommodating deed-restricted affordable housing as part of the project. Not accommodating very low-, low-, and moderate-income households may result in increased regional traffic congestion from intercity commutes and an associated increase in vehicle-generated greenhouse gas emissions. Transportation/Traffic US 101 4. The 2014 RTP-SCS (Figure 4-3, p. 4-11) projects the following LOS for US 101 between South Higuera and Monterey: a. 2010 peak hour: LOS F b. 2035 PM peak hour: LOS F The EIR should consider these projections as it evaluates the project's impacts to freeway LOS. Prado Road 5. The 2014 RTP-SCS recommends construction of an overcrossing and interchange at Prado Rd. (see "References" section at the end of this letter). The EIR should analyze the project trip contribution to the anticipated Prado Rd. overcrossing and US 101-Prado Rd. northbound ramp improvements discussed in the San Luis Ranch EIR (now certified) and potential mitigations. Senior transportation 6. The EIR should assess the availability of senior shuttle services, fixed-route bus service, and other transportation services for seniors. It should consider a senior shuttle service or contribution to existing senior shuttle services that would provide transportation from the project to services in San Luis Obispo. Transportation demand management 7. The EIR should consider transportation demand management (TDM), including encouragement and education about non-single-occupancy-vehicle travel modes, as a potential mitigation measure. i I ��� ���IdCS�l �Lf e�i �c3f1 L�II� �]��1��1U, i�i J_�=li'1 I � � [�'i'.J�] i��-=1Z I'j f �iU�J I:5 I �1�)� I �IULUb�`�SIJCUb.[�I y 5�4��]G.ORG ��, � I � � � � CONNECTING COMMUNITIES L ARR�YO GRAN�E A7ASCAbERO GROVER BEACH MORRQ BAY PASD RpBl.�S PISMQ 6EACH SAN LL115 OBI5P0 C�LJtVCIL aF GOVERNMEE+ITS 5AN L1115 OBE5P0 SAN L1115�BI5P�C�UN7Y SLOCOG's 2014 RTP-SCS MSE Policy 3 states: "Assist local jurisdictions in developing communities in ways that reduce the demand on the roadway system by coordinating residential, commercial and industrial development in ways that reduce the need to drive". Multi-modal access 8. The number of internal capture trips assumed in the multimodal transportation study's trip generation calculations will affect the projected net external auto trips into and out of the site. In addition to internal capture, given the substantial amount of retail in the vicinity,the potential for some external trips to be walking and cycling should be studied. Residents may be more likely to make those trips if the development's layout, sidewalks, and bike facilities offer convenient, safe, and low-stress connections to the adjoining retail. 9. The EIR should include a consideration of how potential connections to existing and proposed future sections of the Bob Jones Trail affect the proposed development's traffic impacts and possible mitigations. For example,the City is in the preliminary engineering phase of two trail segments: the Oceannaire-to-Calle Joaquin/Prefumo Creek Connector and the Los Osos Valley Rd.-to-Octagon Barn segment. Currently, Class II bike lanes exist on Los Osos Valley Rd. between the proposed project site and the expected intersection of the LOVR-Octagon Barn segment. The City will be making bike lane and bike-vehicle conflict area striping upgrades as part of its repaving project, underway at the time of this writing. San Luis Obispo County will soon commence the plans, specifications, and estimate (PS&E) phase for the County segment between Octagon Barn and the existing trailhead on Ontario Road. Taken together,these segments, once built,will fulfill a vision of having a bikeway from the City of San Luis Obispo to the Pacific Ocean that is almost completely separated from motor vehicle traffic. 10. Assess the impacts of potential use of existing and proposed open space in the vicinity of the development, including the potential need for a public parking lot/staging area to enhance access to trails. Please let me know if you have any questions or need more information: 788-2104 or jbrubaker@sloco�.or�. Sincerely, Jeff Brubaker,AICP Transportation Planner . I I�. I'vi�il-�I: .�Li��E': .�cii 1 ��ii_ Ui.�l�f.1U, :�i J_�^�I•.1 I i L ,i'JJJ i�i_?I�=iL I�J f ,:�L�;1 i��I�Ji�L'-� I -�ICJ'�U��` �IULUb.iJ!` JL��G.OF�G ��, � I � � � � CONNECTING COMMUNITIES L ARR�YO GRAN�E A7ASCAbERO GROVER BEACH MORRQ BAY PASD RpBl.�S PISMQ 6EACH SAN LL115 OBI5P0 C�LJtVCIL aF GOVERNMEE+ITS 5AN L1115 OBE5P0 SAN L1115�BI5P�C�UN7Y References SLOCOG 2014 Regional Transportation Plan and Sustainable Communities Strategy(2014 RTP-SCS) http://www.sloco�connectin�communities.com/ SLOCOG 2050 Regional Growth Forecast http://www.sloco�.or�/pro�rams/data-services/re�ional-�rowth-forecast 2014 RTP-SCS proiect references Froom Ranch Way, Bob Jones Trail: Prefumo Creek Connection 1. CEN-RORS-1013: Froom Ranch Way extension: end of Froom Ranch Way to Dalidio Dr. 2. CEN-AT1-1014: Bob Jones Trail: Prefumo Creek bike path connector [Madonna Rd. to US 101] I I•+ I'vidl�I i :�LI Fe_': ��ifl LLII_ LJ4JI�f�U, �:i`J_�=4J I � � jCr.i�J /iu I =4L I`J f ,:iUjl i i�i Ji L�� I :�IU��U��`�iOLUb.UI y ���3�dG.ORG �"�"T°�'�F, United States Department of the Interior ���� y . `` � � � FISH AND WILDLIFE SERVICE Ventura Fish and Wildlife Office �''4�►r 3+�"� 2493 Portola Road,Suite B �.,.. Ventura,California 93003 IN REPLY REFER TO: 08E V EN00-2017-C PA-0183 August 14, 2017 Shawna Scott,Associate Planner Community Development Department City of San Luis Obispo 919 Palm Street San Luis Obispo, California 93401 Subject: Notice of Preparation of a Draft Environmental Impact Report for the Froom Ranch Specific Plan Project, San Luis Obispo County, California Dear Ms. Scott: This letter provides the U.S. Fish and Wildlife Service's(Service) comments on the Notice of Preparation(NOP)regarding the Draft Environmental Impact Report(DEIR)for the subject project area located within unincorporated San Luis Obispo County immediately west of Los Osos Valley Road between U.S. 101 and the Irish Hills Plaza. The 110-acre project includes a Specific Plan, General Plan Amendment, and related actions that would allow for the development of the Froom Ranch Specific Plan Area(SPA) identified in the City of San Luis Obispo's General Plan. Completion of a Specific Plan is necessary before the project area can be annexed into the City of San Luis Obispo. Project elements would consist primarily of residential uses with some commercial development adjacent to Los Osos Valley Road and the existing Irish Hills Plaza. The Service's responsibilities include administering the Endangered Species Act of 1973, as amended (Act), including sections 7, 9, and 10. Section 9 of the Act and its implementing regulations prohibit the taking of any federally listed endangered or threatened species. Section 3(19) of the Act defines"take"to mean"to harass,hann,pursue,hunt, shoot,wound,kill,trap, capture,or collect,or to attempt to engage in any such conduct." Hann is further defined by the Service to include significant habitat modification or degradationthat results in death or injury to listed species by significantly impairing essential behavioral patterns, including breeding, feeding, or sheltering. Harass is defined by the Service as intentional or negligent actions that create the likelihood of injury to a listed species by annoying it to such an extent as to significantly disrupt normal behavioral patterns which include,but are not limited to, breeding, feeding, or sheltering. The Act provides for civil and criminal penalties for the unlawful taking of listed species. Exemptions to the prohibitions against take may be obtained through coordination with the Service in two ways. If a project is to be funded, authorized, or carried out by a Federal agency, and may affect a listed species,the Federal agency must consult with the Service pursuant to section 7(a)(2) of the Act. If a proposed project does not involve a Federal 14787 Shawna Scott 2 agency but may result in take of a listed animal species, the project proponent should apply to the Service for an incidental take permit pursuant to section 10(a)(1)(B) of the Act. According to the NOP, the DEIR will identify and evaluate potentially significant impacts, whether direct or indirect,that may result from Project implementation. It will also determine whether mitigation measures and/or alternatives can be implemented that would mitigate such impacts to a level that is less than significant. The NOP identifies a number of environmental issues that will be analyzed in the DEIR, one of which is biological resources. Of particular concern to us is the presence of Chorro Creek bog thistle (aka Chorro Creek fountain thistle; Cirsium fontinale var. obispoense), a federally-listed endangered plant, which has been documented to occur onsite. We request an alternative that avoids impacts to this edaphic endemic species and its necessary hydrology be considered in the DEIR. Also of concern to us is the possibility of presence of two federally-listed threatened animal species: California red-legged frog (Rana draytonii) and vernal pool fairy shrimp (Branchinecta lynchi). We reviewed the evaluation for these species provided in the biological resource report prepared for the proposed project(KMA 2016) but currently do not concur with its conclusion that presence of either of these species is not likely. The data for vernal pool fairy shrimp is from over 10 years ago and California red-legged frogs may use the ephemeral features identified as drainages 1, 2, and 3 (KMA 2016) as well as Froom Creek for some portion of their life cycle. Because there may be habitat suitable to support one or both of these species within the project area habitat assessments for each, conducted in accordance with current Service guidance, should be prepared for inclusion as appendices to the biological resources section of the DEIR. We appreciate the opportunity to provide comments on the NOP for the Froom Ranch Specific Plan Project DEIR and look forward to receiving the draft document, inclusive of all relevant technical appendices and reports, during the public review period. If you have any questions regarding our response to the NOP, please contact Julie M. Vanderwier of my staff at(805) 677- 3400 or at julie_vanderwier@fws.gov. Sincerely, 1- / " !� ' � �`� tephen P. Henry � Field Supervisor cc: Brandon Sanderson, California Department of Fish and Wildlife Reference Cited KMA. 2016. Froom Ranch Project, San Luis Obispo County California. Biological Resources Inventory prepared for John Madonna Construction, Inc. January 14788