HomeMy WebLinkAboutItem 11 - Authorize a temporary extension of Open Space Evening Hours of Use Pilot Program
Department Name: Administration
Cost Center: 1005
For Agenda of: November 17, 2020
Placement: Consent
Estimated Time: N/A
FROM: Greg Hermann, Deputy City Manager
Prepared By: Robert Hill, Sustainability & Natural Resources Official
SUBJECT: AUTHORIZE A TEMPORARY EXTENSION OF OPEN SPACE EVENING
HOURS OF USE PILOT PROGRAM
RECOMMENDATION
In the absence of recent opportunities to seek City Council direction on next steps for the Open
Space Evening Hours of Use Pilot Program (“Pilot Program”) due to the City’s COVID-19
pandemic emergency response, the following near-term actions are recommended:
1. Approve a Resolution (Attachment A) adopting an Addendum to the previously adopted
Mitigated Negative Declaration for the Project under the California Environmental Quality
Act (Attachment B) and temporarily extending the Pilot Program for one additional season
with no other changes and with all programmatic elements and implementation of mitigation
measures to continue, and
2. Direct staff to return to City Council in April 2021 following the conclusion of the additional
third season of the Pilot Program to receive and file the final summary report and provide
direction regarding any future open space evening hours of use that the City Council may
wish to consider.
DISCUSSION
Background
The City of San Luis Obispo owns and manages over 4,000 acres of open space lands that
feature a trail network totaling over 50 miles for passive recreation purposes. The City’s current
Open Space Regulations allow for passive recreational use of these properties from one hour
before sunrise until one hour after sunset, unless otherwise approved by the Parks and Recreation
Director (SLO Muni Code 12.22; 1998).
On August 16, 2016, in response to public testimony regarding a request for reconsideration of
the City’s published hours of use for open space, a majority of the City Council directed staff to
bring back on a future agenda a project plan for revising the ordinance limiting public access of
the open space from dusk to dawn.
On February 21, 2017, a majority of the City Council voted (4-1) to receive and file the Project
Plan for evaluation of the Open Space hours of use regulations as a Consent Agenda item.
Numerous individuals and interested groups provided written public comments, as well as
testimony at the hearing.
Packet Page 137
Item 11
The City Council provided parameters including eliminating from consideration any extended
hours of use at the Bishop Peak Natural Reserve and to consider winter hours up to a level
commensurate with summer hours of use.
On March 21, 2017, the City Council received and filed the staff-prepared report, An Evaluation
of Hours of Use for City of San Luis Obispo Open Space, and conducted a study session to
receive public input and testimony regarding Open Space hours of use and regulations. At that
meeting, a majority of Council members (4-1) directed staff to bring back an approach for
Council consideration that would allow for limited, site specific expanded hours of use,
including the possibility of a pilot program that would allow for additional data to be collected
and the ability to scale back down, if needed.
On January 16, 2018, the City Council approved a two-year pilot program and adopted a
Mitigated Negative Declaration pursuant to the California Environmental Quality Act (Harmon,
Gomez, Rivoire “Yes” and Pease, Christianson “No”: Council Agenda Report and Council
Minutes, January 16, 2018).
Pilot Program at Cerro San Luis Natural Reserve - Winters of 2018-19 and 2019-20
In accordance with Council direction and approval, staff implemented a pilot program at the 118-
acre Cerro San Luis Natural Reserve (the “Reserve”) that included a detailed and specific project
description allowing extended evening hours of use for passive recreational purposes along
approximately 4.9 miles of trails during the winter months when daylight savings time is not in
effect. The Pilot Program took place during the winter season with the change of daylight
savings time for 2018-19 (Sunday, November 4 to Sunday, March 10) and 2019-20 (Sunday
November 3 to Sunday March 8). During these time periods, public use was allowed between
one hour before sunrise until 8:30 PM. At the conclusion of each year of the Pilot Program, the
hours of use for the public returned back to one hour before sunrise through one hour after
sunset.
No change to the City’s existing Open Space Regulations [Municipal Code 12.22, adopted by
Ordinance 1332 § 1 (1998)] was required to implement this limited-duration pilot program over
the course of two winter seasons:
12.22.050(B.): Presence in Open Space Lands Restricted to Certain Hours—No
Overnight Usage. Open space lands where public access is permitted shall be open to the
public from dawn to dusk. It shall be unlawful to enter or remain within such lands
between one hour after sunset and one hour before sunrise of the following day without
approval from the director (emphasis added).
The Pilot Program, therefore, was implemented under the Parks and Recreation Director’s
existing authority to approve additional hours of use pursuant to 12.22.050(B). All other
provisions of the City of San Luis Obispo’s Open Space Regulations remained in effect.
Packet Page 138
Item 11
During the course of the Pilot Program, Ranger Service personnel provided oversight and
additional patrol of the Reserve during the published timeframes. Ranger Service and Natural
Resources Program staff also deployed an EcoCounterTM device to track frequency of human use
and hours of use at the Reserve, as well as a new reservation permitting system in order to ensure
that use during expanded hours remained commensurate with existing average daily baseline use
of 65 individuals. Four wildlife game cameras were installed, and field surveys were conducted
by Terra Verde Environmental to monitor and track nocturnal wildlife species composition and
any observable and notable wildlife activity and behavior.
A website-based application, or “App” was developed specifically for the Pilot Program by the
firm iiiDesign and implemented for interested parties to secure the necessary permit for evening
hours of use. A total of 3,160 permits were issued during the 2018-19 season and 2,770 permits
were issued during the 2019-20 season. During both seasons, in general, less than the full
amount of permits available were reserved during the months of November and January through
March. During the holiday season in December, permits were typically fully subscribed, and
Ranger Service had to turn away numerous parties interested in accessing the Reserve at the
trailhead.
The Council Agenda Report from January 16, 2018 stated, “at the conclusion of the pilot
program, staff will prepare a summary report of the pilot program for Council’s consideration,
and at that time would seek further guidance based on the levels of use during the pilot program
and evaluation of the data collected.” Staff have not yet had time or the opportunity to prioritize
the preparation of a concluding two year summary report due to the onset of the COVID-19
pandemic and associated resource impacts while staff continue to serve in their capacity as
Disaster Service Workers; this notably includes the Sustainability & Natural Resources Official’s
role as Liaison Officer within the City’s Emergency Operations Center (EOC).
In consideration of the foregoing, an Addendum to the existing Mitigated Negative Declaration
(MND) has been prepared to allow for a temporary extension of the Pilot Program through
Sunday, March 14, 2021 should the City Council wish to continue the Pilot Program. This will
allow for additional monitoring and experience within the construct of a Pilot Program, while
allowing adequate time to return to the City Council with the summary report and provide an
opportunity to seek further guidance.
Policy Context
The City’s policy framework for open space management expresses a clear preference for natural
resource protection as a primary management goal while allowing passive recreation and other
uses as secondary or tertiary priorities when compatible. The following programs, policies, and
goals from the Conservation and Open Space Element of the City’s General Plan (2006) are
pertinent to the evaluation of the Open Space hours of use issue: 7.0 - Background; 7.2 -
Sustainable natural populations; 7.3.3 - Wildlife habitat and corridors, 8.4.2 - Open Space access
and restoration; 8.5.1 - Public access; 8.5.5 - Passive Recreation; 8.5.6 - Determination of
appropriate uses for City-owned open space; and, Appendix C - Management of Open Space
Lands.
Packet Page 139
Item 11
Further discussion of this policy framework can be found in the staff-prepared policy analysis,
An Evaluation of Hours of Use for City of San Luis Obispo Open Space that was included with
the March 21, 2017 City Council Agenda Packet on this item, as well as in the Biological
Resources section of the Mitigated Negative Declaration that was adopted by the City Council on
January 18, 2018.
Public Engagement
Staff conducted public engagement activities in accordance with the project plan and the City’s
Public Engagement and Noticing Manual during the initial process of preparing and designing
the Pilot Program. To better understand stakeholder concerns and preferences, informal
interviews and communications were conducted in February 2017 with the Environmental
Center of San Luis Obispo (ECOSLO), the Santa Lucia Chapter of the Sierra Club, the Land
Conservancy of San Luis Obispo County, Central Coast Concerned Mountain Bikers, SLO Trail
Runners, as well as various individuals. This topic generated considerable public interest during
the course of 2017 as demonstrated by significant levels of written and verbal comments at the
City Council meetings, in print and social media outlets, and with an online petition was
submitted to the City Council. Staff has undertaken recent outreach with the same stakeholder
groups and interested parties in advance of this City Council agenda item.
CONCURRENCE
The Parks and Recreation Department, whose Ranger Service staff would provide continued
monitoring, education, and enforcement as necessary, concur with the recommendations
contained herein.
ENVIRONMENTAL REVIEW
Existing Environmental Review
An Initial Study and Environmental Review was prepared for the proposed pilot program that
concluded that significant impacts on the environment could occur, but those impacts would be
reduced to less than significant with mitigation measures incorporated. Potentially significant
impacts were identified in the area of Biological Resources.
Written public comments received into the record in advance of the October 24, 2017 hearing
included concerns that it is problematic to conclude that potentially significant impacts in the
area of Biological Resources could be mitigated to less than significant levels when our review
of pertinent scientific literature found that the “extent and severity of those impacts is unknown.”
To address this concern, a new mitigation measure, BIO- 4, was introduced to limit visits to the
Reserve to existing average daily baseline levels of 65 individuals during the expanded hours o f
use under the Pilot Program through the use of an online permitting system. With the inclusion
of the additional measure, BIO-4, it was concluded that the Pilot Program would not result in
new impacts to biological resources beyond that which is already occurring, even though that
long-standing use had been in violation of the City’s existing regulations [see Fat v. County of
Sacramento (2002) 97 Cal. App. 4th 1270]. Therefore, potentially significant impacts were
characterized as being reduced to less than significant with implementation of a suite of four
mitigation measures that included the new permit system.
Packet Page 140
Item 11
Next Steps and Current Environmental Review Process
Daylight savings time ends this year on November 1st and will resume on March 14, 2021. In the
immediate near-term, the City is not in a position to continue the Pilot Program without
subsequent environmental review steps because the project description in the City Council’s
adopted Mitigated Negative Declaration (MND) was specific that this would be a two-year pilot
program with exact dates of implementation indicated. However, an addendum to the existing
MND that simply extends the Pilot Program temporarily, for one year only, with no other
changes, is permissible without recirculating for a 30-day public review period. The City
Council is required to consider and adopt the addendum.
An agency may prepare an addendum to an adopted Negative Declaration if only minor
technical changes or additions are necessary or if none of the conditions triggering a
subsequent Negative Declaration are present. An addendum need not be circulated for
public review but can be included in or attached to the adopted Negative Declaration.
The decision-making body shall consider the addendum with the Negative Declaration
before making a decision on the project. A brief explanation supported by substantial
evidence justifying the decision not to prepare subsequent Negative Declaration or EIR
should be included in the addendum or elsewhere in the record. (CEQA Deskbook;
CEQA Guidelines, Section 15164).
In summary, circumstances that would trigger a subsequent review include: substantial changes
to the project description; new circumstances or evidence in the record that indicate the severity
of impacts would substantially increase; new information of substantial importance, including
new identified impacts or mitigation measures are found to not be feasible; or, new mitigation
measures are identified that would substantially reduce impacts (CEQA Guidelines, Section
15162). It does not appear that any of the conditions that would trigger a subsequent review are
present and an addendum is appropriate.
FISCAL IMPACT
Budgeted: No Budget Year: 2020-21
Funding Identified: No
Fiscal Analysis:
Funding Sources Current FY Cost
Annualized
On-going Cost
Total Project
Cost
General Fund $6,000 $6,000
State
Federal
Fees
Other:
Total $6,000 $6,000
Packet Page 141
Item 11
Direct fiscal impacts associated with the Pilot Program have been relatively minor consisting of
expenditures and purchasing of new field equipment, printing costs for the new educational
materials and signs, biological surveys, and implementation of reservation-based permit system.
To continue the Pilot Program, no further equipment purchases are necessary, and the annualized
costs shown in the table, above, consist of contracting for biological surveys and hosting of the
website for the reservation-based permit program. These costs are supported by the operating
budgets for Ranger Service and Natural Resources Program. It should also be noted that Ranger
Service staff resources would continue to be burdened by the additional oversight, patrol, and
monitoring efforts necessary to conduct the Pilot Program. As a result, available Ranger Service
staff hours and availability for other purposes will be limited.
ALTERNATIVES
Alternatives that the City Council may wish to consider include, but are not limited to:
1. Request that staff provide additional information, analysis, or changes to the
recommended actions herein.
2. Direct staff to take no further action on the Pilot Program this season due to COVID -19
related staffing resource impacts and return to City Council to seek further direction in
early 2021. This would allow staff time to fully prepare for a more robust conversation with
the City Council, although this may result in uncertainty among the public and Ranger
Service would likely still need to provide some level of presence at the trailhea d to provide
education and enforcement, if necessary.
3. Direct staff to take no further action on the Pilot Program and discontinue future work
efforts.
Attachments:
a - Draft Resolution
b - Open Space Hours of Use Pilot Program - Addendum to MND 2020-21
Packet Page 142
Item 11
R _____
RESOLUTION NO. ________ (2020 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, ADOPTING AN ADDENDUM TO THE
MITIGATED NEGATIVE DECLARATION FOR THE TEMPORARY
EXTENSION OF A PILOT PROGRAM FOR WINTER OPEN SPACE
HOURS OF USE
WHEREAS, the City of San Luis Obispo has adopted policies for protection,
management, and public use of open space lands and cultural resources acquired by the City; and
WHEREAS, the City of San Luis Obispo manages a suite of Open Space properties
totaling approximately 4,000 acres for the primary purpose of protecting natural resources, while
allowing for passive recreation uses where compatible; and
WHEREAS, members of the public provided testimony to the City Council requesting
expanded hours of use in City open space during the winter, and a two-year pilot program for
winter open space hours of use at the City’s Cerro San Luis Natural Reserve was identified
following a Council-directed process; and
WHEREAS, on January 18, 2018, the City Council passed Resolution No. 10858 (2018
Series) approving the pilot program and adopting a Mitigated Negative Declaration of
environmental impact pursuant to the California Environmental Quality Act; and
WHEREAS, an Addendum to the Mitigated Negative Declaration has been prepared to
allow for a temporary extension of the pilot program for one season only with no other changes
and all programmatic elements and mitigation measures to continue.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo as follows:
The City Council hereby adopts a Mitigated Negative Declaration of environmental impact for a
pilot program for winter open space hours of use at Cerro San Luis Natural Reserve based on the
following findings:
1. The pilot program is considered a Project under the California Environmental Quality Act
(CEQA) as defined in Public Resources Code §21065 because it represents an activity
which may cause either a direct physical change in the environment, or a reasonably
foreseeable indirect physical change in the environment, and because it is an activity
directly undertaken by a public agency.
2. An Initial Study and Environmental Review was prepared for the pilot program that
concludes that significant impacts on the environment could occur, but these impacts will
be reduced to less than significant with mitigation measures incorporated. Potentially
significant impacts were identified in the area of Biological Resources. These potentially
significant impacts are reduced to less than significant with the incorporation of
mitigation measures and, therefore, the City Council adopted a Mitigated Negative
Declaration on January 18, 2018 by Resolution No. 10858 (2018 Series).
Packet Page 143
Item 11
Resolution No. _____ (2020 Series) Page 2
R ______
3. An Addendum to the Mitigated Negative Declaration has been prepared in order to allow
for a temporary extension of the pilot program for one season only with no other changes
and all programmatic elements and mitigation measures to continue. An Addendum is
the appropriate document under CEQA Guidelines §15164(b) because “only minor
technical changes or additions are necessary” and none of the conditions described in
§15162 calling for the preparation of a subsequent environmental review have occurred.
Upon motion of _______________________, seconded by _______________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _____________________ 2020.
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, on _______________________.
____________________________________
Teresa Purrington
City Clerk
Packet Page 144
Item 11
1
ADDENDUM TO THE MITIGATED NEGATIVE DECLARATION FOR THE
CITY OF SAN LUIS OBISPO’S OPEN SPACE WINTER HOURS OF USE PILOT
PROGRAM
NOVEMBER 2020
A. INTRODUCTION
This document is an Addendum to the Mitigated Negative Declaration (“MND”) for the City of
San Luis Obispo’s Open Space Winter Hours of Use Pilot Program (“Pilot Program”). The MND
was adopted by the City of San Luis Obispo on January 18, 2018, pursuant to City Council
Resolution No. 10858 (2018 Series). The Addendum evaluates a minor change in the project
description, which consists of a temporary extension of the Pilot Program for one season only with
no other changes and with all programmatic elements and mitigation measures to continue.
Because there are no new significant impacts or mitigation measures as a result of this updated
analysis, an Addendum is the appropriate CEQA document, as further described herein.
B. UPDATED PROJECT INFORMATION
In accordance with City Council direction and approval, staff implemented a Pilot Program at the
118-acre Cerro San Luis Natural Reserve (the “Reserve”) that included a detailed and specific
project description allowing extended evening hours of use for passive recreational purposes along
approximately 4.9 miles of trails during the winter months when daylight savings time is not in
effect. The Pilot Program took place during the winter season with the change of daylight savings
time for 2018-19 (Sunday, November 4 to Sunday, March 10) and 2019-20 (Sunday November 3
to Sunday March 8). During these time periods, public use was allowed between one hour before
sunrise until 8:30 PM. At the conclusion of each year of the pilot program, the hours of use for
the public returned back to one hour before sunrise through one hour after sunset.
No change to the City’s existing Open Space Regulations [Municipal Code 12.22, adopted by
Ordinance 1332 § 1 (1998)] was required to implement this limited-duration pilot program over
the course of two winter seasons:
12.22.050(B.): Presence in Open Space Lands Restricted to Certain Hours—No Overnight
Usage. Open space lands where public access is permitted shall be open to the public from
dawn to dusk. It shall be unlawful to enter or remain within such lands between one hour
after sunset and one hour before sunrise of the following day without approval from the
director (emphasis added).
The Pilot Program, therefore, was implemented under the Parks and Recreation Director’s existing
authority to approve additional hours of use pursuant to 12.22.050(B). All other provisions of the
City of San Luis Obispo’s Open Space Regulations remained in effect.
During the course of the Pilot Program, Ranger Service personnel provided oversight and
additional patrol of the Reserve during the published timeframes. Ranger Service and Natural
Resources Program staff also deployed an EcoCounterTM device to track frequency of human use
and hours of use at the Reserve, as well as a new reservation permitting system in order to ensure
Packet Page 145
Item 11
2
that use during expanded hours remained commensurate with existing average daily baseline use
of 65 individuals. Four wildlife game cameras were installed, and field surveys were conducted by
Terra Verde Environmental to monitor and track nocturnal wildlife species composition and any
observable and notable wildlife activity and behavior.
C. PREVIOUS CEQA DOCUMENTATION
The City Council adopted the MND and approved the Pilot Program on January 18, 2018, pursuant
to City Council Resolution No. 10858 (2018 Series). A Notice of Determination (NOD) was
prepared and filed, and there were no legal challenges to the adequacy of the MND during the 30-
day statute of limitations associated with the NOD, pursuant to CEQA (PRC Section 21167 and
CEQA Guidelines Section 15094). The MND concluded that potentially significant impacts to
Biological Resources could occur but would be less than significant with mitigation measures
incorporated. These measures are as follows:
BIO-1 Wildlife Monitoring and Adaptive Management. City staff and biological
consultants shall conduct regular, weekly monitoring and evaluation of both human use
and wildlife use of the Reserve. This will be done by deploying an EcoCounterTM device
to track frequency of human use and hours of use at the Reserve, as well as four wildlife
game cameras (Bushnell or similar model), cover boards, detection equipment such as a
bat detector (Petterson D500x), and field surveys to monitor and track nocturnal wildlife
composition, activity, and behavior. Regular evening patrols of the trails within the Reserve
by Ranger Service staff will also provide anecdotal observations.
BIO-2 Wildlife Water Sources. The Reserve features a developed spring proximate to the
historic Lemon Grove. This spring will be used to gravity feed water to two wildlife-
friendly “guzzlers,” or troughs, while still returning flow to the natural drainage path of the
spring. This will provide additional watering sources that will benefit wildlife by
decreasing the level of energy required to find water and decreasing competition among
different species for water.
BIO-3 Public Information and Education Materials. City staff shall develop additional
information and educational materials for the public that is specific to this pilot program.
These materials will re-iterate the City’s rules and regulations in effect, as well as highlight
the sensitivity of evening use and potential for wildlife interactions and impacts. These
informational materials will be available on the City’s website, on the main kiosk at the
entrance of the Reserve, and on pamphlets that can be handed out or placed in a rack on
the kiosk.
BIO-4 Evening Use Permitting System. City staff shall develop an online internet-based
permitting system in order to ensure that evening use (from one hour after sunset until 8:30
PM) during the pilot program period is kept at or below existing average daily baseline use
of 65 individuals. Individuals will be required to have evidence that they have the required
permit in their possession. Individuals that are stopped by Ranger personnel and do not
possess a permit will be subject to citation under municipal code section 12.22.050(B).
The status of implementation of these mitigation measures is as follows:
Packet Page 146
Item 11
3
1. Wildlife surveys were conducted by qualified biologists with the firm Terra Verde
Environmental on October 29, 2018, December 5, 2018, January 24, 2019, and February
28, 2019 during the course of the first season of the Pilot Program, and ongoing monitoring
and patrol by Ranger Service staff continued throughout the Pilot Program. Wildlife game
cameras were deployed and monitored by Ranger Service staff and regularly checked for
data collection. Observed wildlife species included barn owl, great-horned owl, sharp-
shinned hawk, deer, coyote, woodrats, and mice. An EcoCounterTM device that uses
infrared technology to capture use data was installed at the Marsh Street trailhead in a
location chosen to capture single users at a time (as opposed to multiple hikers or bikers
together).
2. Two wildlife watering stations, or guzzlers, were installed by Ranger Service staff
proximate to the Lemon Grove and the eucalyptus grove, together with remote-sensing
wildlife game cameras. Wildlife species observations captured on the City’s cameras have
been similar in composition to that observed by Terra Verde Environmental during their
field work.
3. Public information and educational materials were prepared and installed at the Marsh
Street trailhead kiosk by Ranger Service staff, including a new “Winter Evening Access”
panel, as well as clear postings for allowable hours of use and the need to use the permit
system.
4. A website-based application, or “App” was developed specifically for the Pilot Program
by the firm iiiDesign and implemented for interested parties to secure the necessary permit
for evening hours of use. A total of 3,160 permits were issued during the 2018-19 season
and 2,770 permits were issued during the 2019-20 season. During both seasons, in general,
less than the full amount of permits available were reserved during the months of
November and January through March. During the holiday season in December, permits
were typically fully subscribed and Ranger Service had to turn away numerous parties
interested in accessing the Reserve at the trailhead.
D. ADDENDUM REQUIREMENTS
The Addendum has been prepared in accordance with the relevant provisions of the California
Environmental Quality Act (CEQA) of 1970 (as amended) and the State CEQA Guidelines as
implemented by the City of San Luis Obispo. According to §15164(b) of the State CEQA
Guidelines, an Addendum to an adopted negative declaration is the appropriate environmental
document in instances when “only minor technical changes or additions are necessary or none of
the conditions described in Section 15162 calling for the preparation of a subsequent negative
declaration have occurred”. Section 15162(a) of the State CEQA Guidelines states that no
subsequent Negative Declaration shall be prepared for a project unless the lead agency determines,
on the basis of substantial evidence in the light of the whole record, one or more of the following:
(1) Substantial changes are proposed in the project which will require major
revisions of the previous EIR or Negative Declaration due to the involvement of
Packet Page 147
Item 11
4
new significant environmental effects or a substantial increase in the severity of
previously identified significant effects;
(2) Substantial changes occur with respect to the circumstances under which
the project is undertaken which will require major revisions of the previous EIR or
Negative Declaration due to the involvement of new significant environmental
effects or a substantial increase in the severity of previously identified significant
effects; or
(3) New information of substantial importance, which was not known and could
not have been known with the exercise of reasonable diligence at the time the
previous EIR or Negative Declaration was adopted, shows any of the following:
(A) The project will have one or more significant effects not discussed
in the previous EIR or Negative Declaration;
(B) Significant effects previously examined will be substantially more
severe than shown in the previous EIR or Negative Declaration;
(C) Mitigation measures or alternatives previously found not to be
feasible would in fact be feasible, and would substantially reduce one or
more significant effects of the project, but the project proponents decline to
adopt the mitigation measure or alternative; or
(D) Mitigation measures or alternatives which are considerably
different from those analyzed in the previous EIR or Negative Declaration
would substantially reduce one or more significant effects on the
environment, but the project proponents decline to adopt the mitigation
measure or alternative.
This Addendum does not require circulation because it does not provide significant new
information that changes the adopted MND in a way that deprives the public of a meaningful
opportunity to comment upon a substantial adverse environmental effect of the project or a feasible
way to mitigate or avoid such an effect.
This Addendum includes this introduction and a description of the proposed actions addressed in
the Addendum as they related to the previously approved project.
The CEQA documentation for this project, including this Addendum and the adopted MND, are
available for review on the City’s website at www.slocity.org.
E. REASONS WHY AN ADDENDUM IS APPROPRIATE
Subsequent to the approval of the Pilot Project and the adoption of the MND, the City of San Luis
Obispo proceeded to implement the Pilot Program over the course of two winter seasons when
daylight savings time was not in effect. In considering the temporary extension of the Pilot
Program for one additional season, with no other changes and with all programmatic elements and
mitigation measures to continue, it does not appear that any of the conditions described in CEQA
Packet Page 148
Item 11
5
Guidelines 15162 are present. No substantial changes to the project resulting in new significant
impacts are proposed; no substantial changes with respect to the circumstances under which the
project is undertaken have occurred that would result new significant environmental effects or
increase the severity of previously identified significant effects; no new information of substantial
importance has been brought forward and mitigation measures have been feasibly implemented;
and, no new mitigation measures that reduce significant effects have been identified.
The temporary extension of the Pilot Program does not materially change the findings and
conclusions of the MND, making a supplemental environmental review unnecessary pursuant to
Section 15162 of the CEQA Guidelines.
F. DETERMINATION
In accordance with Section 15164 of the CEQA Guidelines, the City of San Luis Obispo (City)
has determined that this Addendum to the adopted MND is necessary to temporarily extend the
Pilot Program for one additional season because the project description contained in the adopted
MND was specific as to the date ranges for implementation. The City has reviewed and considered
the information contained in this Addendum and finds that the preparation of subsequent CEQA
analysis that would require public circulation is not necessary or required.
Packet Page 149
Item 11
Page intentionally left
blank.
Packet Page 150
Item 11