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Home My WebLink AboutItem 4a - Open Space Winter Evening Hours of Use at Cerro San Luis Natural Reserve Item 4a. Department: Administration Cost Center: 1005 For Agenda of: 11/9/2021 Placement: Public Hearing Estimated Time: 90 minutes FROM: Greg Hermann, Deputy City Manager Prepared By: Robert Hill, Sustainability & Natural Resources Official SUBJECT: OPEN SPACE WINTER EVENING HOURS OF USE AT CERRO SAN LUIS NATURAL RESERVE RECOMMENDATION 1. Introduce an Ordinance entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, amending Title 12, Streets Sidewalks and Public Places, Municipal Code Chapter 12.22, Open Space Regulations, to add additional language to 12.22.050(B) to allow a special program for W inter Evening Hours of Use at Cerro San Luis Natural Reserve” and, 2. Approve a Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, adopting a Negative Declaration for Winter Evening Hours of Use at Cerro San Luis Natural Reserve.” REPORT-IN-BRIEF This Council Agenda Report begins by providing responses to public comments that were received in advance of the October 19, 2021, City Council hearing on this item. Upon further review and consideration, and as supported by memoranda prepared by the firm Rincon Consultants, no new information was received that requires revisions to the analysis in the Initial Study - Negative Declaration that was prepared pursuant to the California Environmental Quality Act. These findings are further detailed under the “Continuation from October 19, 2021” sub-heading. At the October 19, 2021, hearing, City Council also directed staff to prepare the Winter Evening Hours of Use at Cerro San Luis Natural Reserve program such that the permitting system would be required during all months when the program is in effect. This change is reflected under the sub-heading “Program Implementation.” City Council also provided direction to continue notification to the Northern Chumash Tribal Council (NCTC). Following the October 19th hearing, staff left a voice message for Tribal Administrator Violet Sage Walker indicating that the City Council had received and considered NCTC’s written comment letter and continued the meeting to No vember 9, 2021. As of the publication of this Council Agenda Report, staff have not been able to make further contact with NCTC, but conveyed by email to NCTC that, although the Page 5 of 133 Item 4a. CEQA public hearing was closed, the Council had continued its deliberation and final decision to the meeting on November 9, 2021, and encouraged NCTC to provide any additional information at or prior to that meeting. DISCUSSION Continuation from October 19, 2021 At the regularly scheduled City Council meeting that took place on October 19, 2021, staff presented this item and the City Council asked questions, called for public comment, deliberated on the item, and concluded with a majority vote to close the public hearing, with specific direction to staff, and continued the item to November 9, 2021 in order to provide staff time to evaluate materials timely submitted at the public hearing and evaluate whether such information warranted reopening of the public hearing or further action. There were several issue areas raised that required the need for additional time for review and evaluation, which merited the continuation of the hearing: 1. Written public comments were received that raised concerns about the proposed Initial Study – Negative Declaration. These concerns included the establishment and basis for the average daily baseline use of 65 individuals per day during winter evening hours that was established prior to the Pilot Program, as well as concerns that during the course of the Pilot Program, use and access extended beyond the boundaries of the City’s Cerro San Luis Natural Reserve onto adjacent private property, including use of informal points of access located in neighborhoods. These issues and concerns are further evaluated and addressed in a memorandum prepared by Rincon Consultants dated October 28, 2021, and titled, “Open Space Winter Evening Hours of Use at Cerro San Luis Natural Reserve – Response to Public Comments” (see Attachment D; the “CEQA Response to Comments Memo”). In particular, regarding the establishment of baseline, recent case law confirms that “lead agencies” such as the City of San Luis Obispo, in administering the California Environmental Quality Act (CEQA), can use their discretion to determine a baseline as long as they justify and provide supp ort on the selection of the baseline [Communities for a Better Environment v. South Coast Air Quality Management District (Tesoro Refining and Marketing Company, LLC, Real Party in Interest) (2d Dist. 2020) 47 Cal.App.5th 588.] This case specifically states: The agency must select a baseline based on actual conditions rather than hypothetical possibilities. There is, however, no single fixed method for measuring actual conditions. Measuring peak impacts can be appropriate under the right circumstances. The agency enjoys discretion to decide how best to measure actual conditions. Courts will review that choice for support from substantial evidence. Page 6 of 133 Item 4a. As stated in the Council Agenda Report for this item on October 19, 2021, o n the basis of public testimony received in the timeframe leading up to the Pilot Program, it is acknowledged that individuals and informal groups have been accessing Cerro San Luis Natural Reserve during winter evening hours for many years. In 2015, the City’s Natural Resources Program partnered with faculty in the City and Regional Planning Department at California Polytechnic State University, San Luis Obispo, to conduct a wide-ranging survey of open space trends and levels of use, as well as a needs assessment. This study utilized an EcoCounterTM device to track frequency of human use and hours of use at Cerro San Luis Natural Reserve, among several locations, including the timeframe between December 2014 and March 2015 and during evening hours between 6:00 PM and 9:00 PM (City of San Luis Obispo, Open Space Survey. Riggs et. al. 2015). Although the Open Space Survey did not anticipate or contemplate the Winter Evening Hours of Use Program, it is through utilization of data collected at Cerro San Luis Natural Reserve as part of this study, during a similar date range and hours, that the existing average daily baseline use of 65 individuals was established. Further, the establishment of the average baseline of 65 individuals during early evening hours when daylight savings time is not in effect based on the winter season of 2015-16 is appropriate, inclusive of the fact that this activity was occurring despite the City’s Open Space Regulations pertaining to hours of use concluding one hour after sunset. As further discussed in the CEQA Response to Comments Memo: Characterizing the baseline where the existing conditions (either on -site physical conditions or operations) are the result of illegal activity, including activity inconsistent with existing permits, was addressed in Fat v. County of Sacramento (2002), 97 Cal.App.4th 1270. The court (citing Riverwatch v. County of San Diego (1999) 76 Cal.App.4th 1428) noted that the preparation of a CEQA document is not a forum for determining the nature and consequences of the prior illegal conduct that occurred without a permit. The court stated there is no legislative or regulatory directive requiring the County [in this case] to establish a baseline as an earlier time prior to the illegal operations (citing Bloom v. McGurk [1994]). Lead agencies must evaluate impacts against actual conditions existing at the time of CEQA review and are not expected to “turn back the clock” and evaluate impacts compared to a baseline condition that predates illegal activity. The baseline of 65 individuals wa s established as the actual use that has been occurring on the Cerro San Luis trail system in the winter evening hours despite the restrictions prohibiting use during those hours. Public comment was also received regarding the scope of the project, citing instances of public use and access to privately-owned areas of Cerro San Luis that Page 7 of 133 Item 4a. are outside the boundaries of the City’s property. Throughout the process to design and implement the Pilot Program, as well as the proposed ongoing program to allow Winter Evening Hours of Use at Cerro San Luis Natural Reserve, it has been clear that these allowances are for use of the City’s 118 -acre property only, using the approximately 4.9 miles of existing trails located within that property. The public comment suggesting that the Pilot Program, in and of itself, resulted in increased levels of trespass and impacts in surrounding neighborhoods beyond which may have already been occurring in the baseline condition appears speculative. During the month of December, a neighboring property owner has historically installed holiday lighting, on a private basis, at the summit of Cerro San Luis that is visible from numerous vantage points and attracts visitation from members of the public; however, the City does not control or permit the installation of private holiday lights in any way, nor is this location located within the City’s jurisdiction. It is also noteworthy that the City has not received requests to assist in controlling public use or trespass from adjoining property owners. Based upon review of public comments received related to the issues described, above, and as further detailed in the CEQA Response to Comments Memo , no new information was provided that requires revisions to the analysis in the Initial Study - Negative Declaration. 2. Written public comments were received that raised additional concerns about potential impacts to biological resources through human disturbances related to noise and light, as well as through increased erosion and sedimentation that could indirectly lead to impacts to riparian habitats and wildlife. These comments cited new academic literature and also called the City’s attention to a recent report published the California Department of Fish and Wildlife. These issues and concerns are further evaluated and addressed in a memorandum prepared by Rincon Consultants dated November 1, 2021, and titled, “Open Space Winter Evening Hours of Use at Cerro San Luis Natural Reserve – Response to Public Comments Relating to Biological Resources” (Attachment E; the “BIO Response to Comments Memo”). As discussed, above, the Winter Evening Hours of Use at Cerro San Luis Natural Reserve program is designed to limited use to the existing average daily baseline of 65 individuals during those extended hours through a permitting system. As stated in the BIO Response to Comments Memo, “The changes in environmental conditions between the baseline and implementation of the project represent the environmental impacts of the proposed project. Although affects to biological resources as a result of the project would be less than significant under CEQA, based on no change from the baseline, we herein provide clarity to the concerns raised by public commentors.” The public comments cited one peer reviewed scientific article and one collection of peer reviewed articles (Senzaki et al. 2020 and California Natural Resources Page 8 of 133 Item 4a. Agency and Department of Fish and Wildlife 2020). These articles were reviewed for relevancy and applicability to the proposed project. Senzaki et al. focuses on the effects of light and noise on nesting birds and the collection of articles published by the California Natural Resources Agency and Department of Fish and Wildlife focuses on the effects of recreation, including non-consumptive recreation (i.e., outdoor activities not including fishing and hunting) and changes in recreational use (e.g., wildlife abundance before and after opening a park) on wildlife. While the Senzaki et. al. article and the California Department of Fish and Wildlife report describe effects of light and noise pollution and non-consumptive recreation, in general, these articles are a result of studies from other site locations and under differing times and conditions. In communications with Dr. Clinton Francis, one of the co-authors of the Senzaki et. al article, that occurred in February 2021, and confirmed again in October 2021, the effects of lighting and noise from up to 65 people per night at the Cerro San Luis Natural Reserve would be negligible when considering the ambient light and noise from the adjacent Highway 101, City of San Luis Obispo, and the nearby California Men’s Colony and campus of California Polytechnic State University. Rather, Dr. Francis has b een clear in his communications that City administrators should be much more concerned about these external sources of noise and light that impact Cerro San Luis Natural Reserve and other City-owned open space locations (e.g., through continued implementation of the City’s noise standards and the Night Sky Preservation ordinance). Regarding concerns expressed in public comments about erosion and sedimentation, the trails and drainages at Cerro San Luis Natural Reserve are traversed all day by hikers and cyclists and 65 hikers or cyclists would not result in significant additional impacts or sedimentation to the ephemeral drainages and therefore, would not contribute greatly to downstream adverse effects on water quality. Further, nighttime use, as defined by the baseline and discussed above, has been ongoing and would not change as a result of the proposed project. Based upon review of public comments received related to the issues described, above, and as further detailed in the BIO Response to Comments Memo , no new information was provided that requires revisions to the analysis in the Initial Study - Negative Declaration. 3. In addition, the City Council requested that staff conduct additional notification to the Northern Chumash Tribal Council (NCTC). Although staff had already conducted the required tribal notification process and had received written comments, initially from Fred Collins, and later from Violet Sage Walker, Council expressed interest in continuing to provide notification to NCTC. Page 9 of 133 Item 4a. Following the October 19th hearing, staff left a voice message for Tribal Administrator Violet Sage Walker indicating that the City Council had received and considered NCTC’s written comment letter and continued the meeting to November 9, 2021. As of the publication of this Council Agenda Report, staff have not had any further contact with NCTC, but did provide email notification of the November 9, 2021, City Council agenda item and opportunity for public comment. Background Background of the history of the Pilot Program and the proposed changes to the Municipal Code for the Winter Evening Hours of Use at Cerro San Luis Natural Reserve program were included in the Council Agenda Report for the October 19, 2021 , City Council meeting1. Previous Council Action The Council Agenda Report for October 19, 2021, provides more details about previous Council action. At the regularly scheduled City Council meeting that took place on October 19, 2021, staff presented this item and the City Council asked questions, called for public comment, deliberated on the item, and concluded with a majority vote to close the hearing, with specific direction to staff, and continue final action on the item to November 9, 2021, to consider whether any of the input received warranted changes to the environmental review or recommendation. At the regularly scheduled City Council meeting that took place on October 19, 2021, staff presented this item and the City Council asked questions, called for public comment, deliberated on the item, and concluded with a majority vote to close the hearing, with specific direction to staff, and continued the item to November 9, 2021. Policy Context The City’s policy framework for open space management pertinent to this matter includes the following: 1. General Plan, Conservation and Open Space Element (2006) 2. Conservation Guidelines for Open Space Lands of the City of San Luis Obispo (2002) 3. Cerro San Luis Natural Reserve Conservation Plan (2005) 4. Open Space Regulations, San Luis Obispo Municipal Code, Chapter 12.22. (Ord. 1332 § 1 (part), 1998) In order to carry out Open Space Winter Evening Hours of Use at Cerro San Luis Natural Reserve, the City Council has directed staff to revise the City’s existing Open Space Regulations (San Luis Obispo Municipal Code, Chapter 12.22) to extend the public use hours on the existing Cerro San Luis Natural Reserve trail system within City property. The hours of use would be extended to between one hour before sunrise until 8:30 PM when 1 October 19, 2021, City Council Agenda, see Item 7a. Page 10 of 133 Item 4a. daylight savings time is not in effect. Otherwise, public use hours when daylight savings time is in effect would remain from one hour before sunrise until one hour after sunset. The Open Space Regulations are proposed to be revised as follows (proposed changes are shown in underline text): 12.22.050(B): Presence in Open Space Lands Restricted to Certa in 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. Notwithstanding the foregoing, the City may implement a special program at Cerro San Luis Natural Reserve only that allows for extended hours of use until 8:30 PM, Pacific Standard Time, when daylight savings time is not in effect, in accordance with City Council Resolution R-[XXXXX] (2021 Series) adopted on November 9, 2021, or as such Resolution may be subsequently amended by the Council consistent with the purpose of this ordinance and the environmental review document supporting this provision. All other provisions of the Open Space Regulations contained in this Chapter 12.22 shall remain in effect Project Implementation The project is proposed to be carried out in substantially the same manner as the Pilot Program that took place during the winter seasons of 2018-19, 2019-2020, and 2020-21. During the Pilot Program, a total of 3,160 permits were issued during the 2018-19 season, 2,747 permits were issued during the 2019-20 season, and 2,702 permits were issued during the 2020-21 season. In total, 7,783 permits were issued, of which 826 were bikers and 6,957 were hikers based on self -designation at the time of permit reservation. During all three 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, however, permits were typically fully subscribed, and Ranger Service had to turn away numerous parties interested in accessing the Reserve at the trailhead and instances of non-compliance were tracked. For ongoing implementation as contemplate herein, the City’s Parks and Recreation Department Ranger Service personnel would continue provide oversight and additional patrol of the Reserve during the extended hours of use. In accordance with City Council direction received at the October 19, 2021, hearing, the permit program would be permanently implemented to limit access to the Cerro San Luis Natural Reserve trail system to 65 individuals during all program months when the extended hours would be allowed when daylight savings time is not in effect. (Note: prior City Council direction had been to require the permit program during December only, which had the highest demand for night hiking during the Pilot Program, and a permit would not be needed for access from one hour after sunset until 8:30 PM during the months of November and January Page 11 of 133 Item 4a. through March.) Ranger Service and Natural Resources Program staff will continue to deploy an EcoCounterTM device to track frequency of human use and hours of use at the Reserve. The EcoCounterTM device utilizes sensors to track pedestrians and cyclists accessing the Reserve at the trailhead. The City’s Parks and Recreation Department has developed information and educational materials for the public that is specific to nighttime use and wildlife at the Reserve. These materials will re-iterate the City’s rules and regulations in effect, as well as highlight the sensitivity of evening use, potential for wildlife interactions and impacts, and methods to avoid or reduce impacts, including requiring visitors to stay on established trails during nighttime use. These informational materials will be available on the City’s website (with potential to access on-site via a QR code), at the trailhead entrance of the Reserve, and on pamphlets that can be handed out or placed in a rack on the kiosk at the entrance of the Reserve. Permit applicants will be provided with the information and educational materials during the application process and be required to acknowledge receipt and confirm understanding prior to receiving the permit. Should the City Council choose to introduce the Ordinance and approve the Resolution described in the recommendation, staff will schedule the second reading and final adoption of the Ordinance for the City Council meeting on November 16, 2021. In accordance with the City of San Luis Obispo’s authority to enact local ordinances, under Government Code section 36937 an additional 30-day period is required after final passage until an adopted ordinance can go into effect; accordingly, the soonest that the ongoing Winter Evening Hours of Use at Cerro San Luis Natural Reserve program could begin is December 17, 2021. Public Engagement Staff conducted public engagement activities in accordance with the approved project plan and the City’s Public Engagement and Noticing Manual throughout the process of preparing, designing, and implementing 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 T rail Runners, as well as various individuals. This topic generated considerable public interest during the course of the Pilot Program process 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 that was submitted to the City Council. Staff have also been in contact with neighboring property owners. The stakeholder groups identified above were also notified and informed again of the City Council agenda item. Page 12 of 133 Item 4a. CONCURRENCE The Parks and Recreation Department, whose Ranger Service staff would administer the project, concur with the content contained herein. ENVIRONMENTAL REVIEW An Initial Study and Environmental Review has been prepared for the project with assistance from the firm Rincon Consultants that concludes “there is no substantial evidence, in light of the whole of the record before the agency, that the project may have a significant effect on the environment” and therefore a Negative Declaration is the appropriate environmental determination in accordance with the California Environmental Quality Act (CEQA Guidelines Section 15070 and 15075). Less than significant impacts were identified in the areas of Aesthetics, Agriculture and Forestry Resources, Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Greenhouse Gas Emissions, Hazards and Hazardous Materials, Land Use and Planning, Noise, Public Services, Recreation, Transportation, Tribal and Cultural Resources, Utilities/Service Systems, and Wildfire. Impacts that are individually li mited, but could be “cumulatively considerable,” were also found to be less than significant. Prior to the Pilot Program, the average daily use at Cerro San Luis Natural Reserve between the hours of 6:00 PM and 9:00 PM was recorded as 65 individuals, despite the City’s existing Open Space Regulations provision that open space is closed one hour after sunset. Therefore, the existing average baseline use that will be adhered to during the ongoing Winter Evening Hours of Use at Cerro San Luis Natural Reserve program is 65 individuals. Existing case law supports the establishment of existing, average baseline conditions that are occurring in the environment as a basis for environmental review [see Fat v. County of Sacramento (2002) 97 Cal.App.4th 1270; Communities for a Better Environment v. South Coast Air Quality Management District, et al. (2010) 48 Cal.4th 310 (“Communities for a Better Environment); Communities for a Better Environment v. South Coast Air Quality Management District (Tesoro Refining an d Marketing Company, LLC, Real Party in Interest) (2nd Dist. 2020) 47 Cal.App.5th 588]. As required by Assembly Bill 52 of 2014 and Senate Bill 18 of 2004, the Tribal Consultation Notification period began on August 2, 2021, prior to completion of the Initial Study. Tribal Consultation Notifications were sent to historically and culturally affiliated tribes on the Native American Heritage Commission list for San Luis Obispo County dated as of August 2, 2021. While there are no tribes that have indicat ed that they would like to initiate the consultation process, the City did receive a request from Mona Tucker- Olivas on behalf of the yak tityu tityu yak tiłhini – Northern Chumash Tribe to include signs that encourage visitors to not disturb wildlife (which has been incorporated into the project description). The Northern Chumash Tribal Council also responded that they are opposed to the project; on August 18, 2021, Fred Collins wrote in an email, “NCTC is opposed to Page 13 of 133 Item 4a. any nighttime hiking with bright lights and noise of human voices.” Precedent to the October 19, 2021, hearing on this item, additional correspondence from NCTC Tribal Administrator Violet Sage Walker was received and read into the record . Following the October 19th hearing, staff left a voice message for Tribal Administrator Violet Sage Walker indicating that the City Council had received and considered NCTC’s written comment letter and continued the meeting to November 9, 2021. As of the publication of this Council Agenda Report, staff have not had any further contact with NCTC, but did provide email notification of the availability of the November 9, 2021, City Council agenda item. On September 9, 2021, the Notice of Intent to Adopt a Negative Declaration was fil ed with the San Luis Obispo County-Clerk Recorder’s Office, the State Clearing House, and was published in the New Times as a newspaper of general circulation in the area effected by the proposed project. The Notice of Intent sets forth a 30-day public comment period that concluded on October 11, 2021. No public comments had been received as of the close of the 30-day public comment period; however, numerous written public comments were received following the publication of the City Council Agenda for the hearing that took place on October 19, 2021. Those written comments that required additional time to review and evaluate are further described and addressed, above and in the accompanying attachments to this Council Agenda Report. FISCAL IMPACT Budgeted: Yes Budget Year: 2021-22 Funding Identified: Yes Fiscal Analysis: Funding Sources Total Budget Available Current Funding Request Remaining Balance Annual Ongoing Cost General Fund State Federal Fees Other: Total N/A N/A N/A N/A Direct fiscal impacts associated with the Project consist of staffing and minor expenditures and occasional purchasing for field equipment, printing costs for educational materials and signs, and ongoing implementation of the reservation-based permit system. Both staffing costs and direct costs are supported by the operating budgets for Ranger Service and the Natural Resources Program. Page 14 of 133 Item 4a. ALTERNATIVES 1. Request that staff provide additional information or analysis prior to taking further action. 2. Provide direction to staff to make changes to the draft Resolution or draft Ordinance and return to Council for adoption. 3. Deny the project and direct staff to take no further action on Open Space Winter Hours of Use programming and discontinue future work efforts. ATTACHMENTS A – Draft Ordinance to amend Municipal Code Chapter 12.22 B – Draft Resolution adopting a Negative Declaration of environmental impact for Open Space Winter Evening Hours of Use at Cerro San Luis Natural Reserve C – Initial Study and Negative Declaration D – Open Space Winter Evening Hours of Use at Cerro San Luis Natural Reserve – Response to Public Comments. Rincon Consultants, Inc. October 28, 2021. E – Open Space Winter Evening Hours of Use at Cerro San Luis Natural Reserve – Response to Public Comments Relating to Biological Resources. Rincon Consultants, Inc. November 1, 2021. Page 15 of 133 Page 16 of 133 O ______ ORDINANCE NO. _____ (2021 SERIES) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, AMENDING TITLE 12, STREETS SIDEWALKS AND PUBLIC PLACES, MUNICIPAL CODE CHAPTER 12.22, OPEN SPACE REGULATIONS, TO ADD ADDITIONAL LANGUAGE TO 12.22.050(B) TO ALLOW A SPECIAL PROGRAM FOR WINTER EVENING HOURS OF USE AT CERRO SAN LUIS NATURAL RESERVE WHEREAS, the City of San Luis Obispo has a substantial interest in promoting the public health, safety and welfare of its residents, visitors and businesses, as well as the environmental qualities of the City; and WHEREAS, the City of San Luis Obispo owns and manages a network of protected Open Space properties totaling over 4,000 acres, including the 118-acre Cerro San Luis Natural Reserve, and also administers open space easements and conservation easements that permanently protect over 3,500 acres of land within the City’s Greenbelt; and WHEREAS, members of the public provided testimony to the City Council requesting expanded hours of use in the City’s Open Space during the winter; and WHEREAS, in 2015 a wide-ranging survey of open space trends and levels of use was conducted. This study utilized an EcoCounterTM device to track frequency of human use and hours of use at Cerro San Luis Natural Reserve, among several locations, including the timeframe between December 2014 and March 2015 and during evening hours between 6:00 PM and 9:00 PM (City of San Luis Obispo, Open Space Survey . Riggs et. al. 2015). It is through data collected as a part of this study that an existing average daily baseline use of 65 individuals was established; and WHEREAS, the City Council reviewed and City staff implemented a Pilot Program for winter open space hours of use at Cerro San Luis Natural Reserve following a Council - directed process during the winter seasons of 2018 -2019 (November 4 to March 10), 2019-2020 (November 3 to March 8), and 2020-2021 (November 1 to March 14) and the pilot program ended on March 14, 2021; and WHEREAS, the Pilot Program included oversight and additional patrol during the published timeframes of the winter evening hours, deployment of an EcoCounterTM device to track frequency of human use and hours of use at Cerro San Luis Natural Reserve, as well as a new reservation permitting system “app” in order to ensure that use during expanded hours remained commensurate with existing average daily baseline use of 65 individuals that was established prior to the Pilot Program; and Page 17 of 133 Ordinance No. _____ (2021 Series) Page 2 O ______ WHEREAS, during the Pilot Program, a total of 3,160 permits were issued during the 2018- 19 season, 2,747 permits were issued during the 2019 -20 season, and 2,702 permits were issued during the 2020-21 season. In total, 7,783 permits were issued, of which 826 were bikers and 6,957 were hikers based on self -designation at the time of permit reservation. During all three 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, however, permits were typically fully subscribed, and the City’s Ranger Service had to turn away numerous parties interested in accessing the Reserve at the trailhead and instances of non -compliance were tracked. WHEREAS, at the conclusion of the Pilot Program, staff conducted a Study Session and presented a Final Summary Report of the Pilot Program, and the City Council directed staff to prepare an amendment to the City’s Open Space Regulations to allow for ongoing Winter Evening Hours of Use at Cerro San Luis Natural Reserve only. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. The Council hereby finds and declares the following: 1. The above recitals are true and correct and are incorporated herein by reference. 2. The ongoing Winter Evening Hours of Use at Cerro San Luis Natural Reserve program has been prepared in accordance with Council direction. 3. An Initial Study and Negative Declaration of environmental impact has been prepared and adopted by Resolution R-[XXXX] (2021 Series) in accordance with the requirements of the California Environmental Quality Act that concludes “there is no substantial evidence, in light of the whole of the record before the agency, that the project may have a significant effect on the environment” and therefore a Negative Declaration is the appropriate environmental determination in accordance with the California Environmental Quality Act (CEQA Guidelines §15070 and §15075). 4. The Project Description for W inter Evening Hours of Use at Cerro San Luis Natural Reserve is incorporated by reference, including continuation of provisions for Public Information and Education Materials and an Evening Use Permitting System, as follows: a. Public Information and Education Materials. City staff shall utilize additional information and educational materials for the public that is specific to Winter Evening Hours of Use at Cerro San Luis Natural Reserve. 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, and methods to avoid or reduce impacts, including requiring visitors to stay on established trails during nighttime use. 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. Page 18 of 133 Ordinance No. _____ (2021 Series) Page 3 O ______ b. Evening Use Permitting System. City staff shall implement the internet- based permitting system “app” and the visitor use tracking system using the EcoCounterTM device to track frequency of human use and hours of use in order to ensure that evening use (from one hour after sunset until 8:30 PM) during Winter Evening Hours of Use at Cerro San Luis Natural Reserve 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 during all program months. Individuals that are stopped by Ranger personnel and do not possess a permit when required will be subject to citation under municipal code section 12.22.050(B). Permit applicants will also be provided with the information and educational materials during the application process and be required to acknowledge receipt and confirm understanding prior to receiving the permit. 5. Prior to the Pilot Program, the average daily use at Cerro San Luis Natural Reserve between the hours of 6:00 PM and 9:00 PM was recorded as 65 individuals, despite the City’s existing Open Space Regulations provision that open space is closed one hour after sunset. Therefore, the existing average baseline use that will be adhered to during the ongoing Winter Evening Hours of Use at Cerro San Luis Natural Reserve program is 65 individuals. Existing case law supports the establishment of existing, average baseline conditions that are occurring in the environment as a basis for environmental review [see Fat v. County of Sacramento (2002) 97 Cal.App.4th 1270; Communities for a Better Environment v. South Coast Air Quality Management District, et al. (2010) 48 Cal.4th 310 (“Communities for a Better Environment); Communities for a Better Environment v. South Coast Air Quality Management District (Tesoro Refining and Marketing Company, LLC, Real Party in Interest) (2nd Dist. 2020) 47 Cal.App.5th 588]. 6. The City Council received numerous pieces of written public comments regarding the Winter Evening Hours of Use at Cerro San Luis Natural Reserve program. Written public comments that provided new information were carefully reviewed and considered, including through two memorandums prepared by the firm Rincon Consultants that were addressed to the City of San Luis Obispo and are described and made available to the public through the Council Agenda Report for November 9, 2021. This review concluded that no new information was introduced that changes the findings of the Initial Study and Negative Declaration for the project. SECTION 2. Title 12, Streets, Sidewalks, and Public Places, Municipal Code Chapter 12.22, Open Space Regulations, is amended as follows, as shown in underlined text: 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. Notwithstanding the foregoing, the City may implement a special program at Cerro San Luis Natural Reserve only Page 19 of 133 Ordinance No. _____ (2021 Series) Page 4 O ______ that allows for extended hours of use until 8:30 PM, Pacific Standard Time, when daylight savings time is not in effect, in accordance with City Council Resolution R-[XXXXX] (2021 Series) adopted on November 9, 2021, or as such Resolution may be subsequently amended by the Council consistent with the purpose of this ordinance and the environmental review document supporting this provision. Al l other provisions of the Open Space Regulations contained in this Chapter 12.22 shall remain in effect. SECTION 3. Ordinance Number 1332 § 1 (part) (1998 Series) is hereby amended and superseded to the extent inconsistent herewith. SECTION 4. A summary of this ordinance, together with the names of Council members voting for and against, shall be published at least five (5) days prior to its final passage, in The New Times, a newspaper published and circulated in this City. This ordinance shall go into effect at the expiration of thirty (30) days after its final passage. INTRODUCED on the ____ day of ____, 2021, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the ____ day of ____, 20 21, on the following vote: AYES: NOES: ABSENT: ___________________________ Mayor Erica A. Stewart 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 ______________________. Page 20 of 133 Ordinance No. _____ (2021 Series) Page 5 O ______ ___________________________ Teresa Purrington City Clerk Page 21 of 133 Page 22 of 133 R _____ RESOLUTION NO. ________ (2021 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, ADOPTING A NEGATIVE DECLARATION FOR WINTER EVENING HOURS OF USE AT CERRO SAN LUIS NATURAL RESERVE WHEREAS, the City of San Luis Obispo has a substantial interest in promoting the public health, saf ety and welfare of its residents, visitors and businesses, as well as the environmental qualities of the City; and WHEREAS, the City of San Luis Obispo owns and manages a network of protected Open Space properties totaling over 4,000 acres, including the 118-acre Cerro San Luis Natural Reserve, and also administers open space easements and conservation easements that permanently protect over 3,500 acres of land within the City’s Greenbelt; and WHEREAS, members of the public provided testimony to the City Council requesting expanded hours of use in the City’s Open Space during the winter; and WHEREAS, in 2015 a wide-ranging survey of open space trends and levels of use was conducted. This study utilized an EcoCounterTM device to track frequency of human use and hours of use at Cerro San Luis Natural Reserve , among several locations, including the timeframe between December 2014 and March 2015 and during evening hours between 6:00 PM and 9:00 PM (City of San Luis Obispo, Open Space Survey. Riggs et. al. 2015). It is through data collected as a part of this study that an existing average daily baseline use of 65 individuals was established; and WHEREAS , the City Council reviewed and City staff implemented a Pilot Program for winter open space hours of use at Cerro San Luis Natural Reserve following a Council-directed process during the winter seasons of 2018-2019 (November 4 to March 10), 2019-2020 (November 3 to March 8), and 2020-2021 (November 1 to March 14) and the pilot program ended on March 14, 2021; and WHEREAS, the Pilot Program included oversight and additional patrol during the published timeframes of the winter evening hours, deployment of an EcoCounterTM device to track frequency of human use and hours of use at Cerro San Luis Natural Reserve, as well as a new reservation permitting system “app” in order to ensure that use during expanded hours remained commensurate with existing average daily baseline use of 65 individuals that was established prior to the Pilot Program; and WHEREAS, during the Pilot Program, a total of 3,160 permits were issued during the 2018- 19 season, 2,747 permits were issued during the 2019-20 season, and 2,702 permits were issued during the 2020 -21 season. In total, 7,783 permits were issued, of which 826 were bikers and 6,957 were hikers based on self -designation at the time of permit reservation. During all three seasons, in general, less than the full amount of Page 23 of 133 Resolution No. _____ (2021 Series) Page 2 R ______ permits available were reserved during the mon ths of November and January through March. During the holiday season in December, however, permits were typically fully subscribed, and the City’s Ranger Service had to turn away numerous parties interested in accessing the Reserve at the trailhead and ins tances of non-compliance were tracked, and WHEREAS, at the conclusion of the Pilot Program, staff conducted a Study Session and presented Final Summary Report of the Pilot Program, and the City Council directed staff to prepare an amendment to the City’s Open Space Regulations to allow for ongoing W inter Evening Hours of Use at Cerro San Luis Natural Reserve only. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: The City Council hereby adopts a Negative Declaration of environmental impact for a special program to allow for an ongoing W inter Evening Hours of Use at Cerro San Luis Natural Reserve program based on the following findings: 1. The W inter Evening Hours of Use at Cerro San Luis Natural Reserve 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 has been prepared for the project that concludes “there is no substantial evidence, in light of the whole of the record before the agency, that the project may have a significant effect on the environment” and therefore a Negative Declaration is the appropriate environmental determination in accordance with the California Environmental Quality Act (CEQA Guidelines §15070 and §15075). 3. Less than significant impacts were identified in the areas of Aesthetics, Agriculture and Forestry Resources, Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Greenhouse Gas E missions, Hazards and Hazardous Materials, Land Use and Planning, Noise, Public Services, Recreation, Transportation, Tribal and Cultural Resources, Utilities and Service Systems, and Wildfire. Impacts that are individually limited but could be “cumulatively considerable” were also found to be less than significant. 4. The Project Description for Winter Evening Hours of Use at Cerro San Luis Natural Reserve is incorporated by reference, including continuation of provisions for Public Information and Education Materials and an Evening Use Permitting System, as follows: Page 24 of 133 Resolution No. _____ (2021 Series) Page 3 R ______ a. Public Information and Education Materials. City staff shall utilize additional information and educational materials for the public that is specific to Winter Evening Hours of Use at Cerro San Luis Natural Reserve. 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 , and methods to avoid or reduce impacts, including requiring visitors to stay on established trails during nighttime use. 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. b. Evening Use Permitting System. City staff shall implement the internet-based permitting system “app” and the visitor use tracking system using the EcoCounterTM device to track frequency of human use and hours of use in order to ensure that evening use (from one hour after sunset until 8:30 PM) during Winter Evening Hours of Use at Cerro San Luis Natural Reserve is kept at or below existing average daily baseline use of 65 individuals. Individuals will be required to have evidence that they have the require d permit in their possession during all program months. Individuals that are stopped by Ranger personnel and do not possess a permit when required will be subject to citation under municipal code section 12.22.050(B). Permit applicants will also be provided with the information and educational materials during the application process and be required to ackn owledge receipt and confirm understanding prior to receiving the permit. 5. Prior to the Pilot Program, the average daily use at Cerro San Luis Natural Reserve between the hours of 6:00 PM and 9:00 PM was recorded as 65 individuals, despite the City’s existing Open Space Regulation s provision that open space is closed one hou r after sunset. Therefore, the existing average baseline use that will be adhered to during the ongoing Winter Evening Hours of Use at Cerro San Luis Natural Reserve program is 65 individuals. Existing case law supports the establishment of existing, average baseline conditions that are occurring in the environment as a basis for environmental review [see Fat v. County of Sacramento (2002) 97 Cal.App.4th 1270; Communities for a Better Environment v. South Coast Air Quality Management District, et al. (2010) 48 Cal.4th 310 (“Communities for a Better Environment); Communities for a Better Environment v. South Coast Air Quality Management District (Tesoro Refining and Marketing Company, LLC, Real Party in I nterest) (2nd Dist. 2020) 47 Cal.App.5th 588]. 6. The City Council received numerous pieces of written public comme nts regarding the Winter Evening Hours of Use at Cerro San Luis Natural Reserve program and closed the public hearing for purposes of submission of new materials into the record. Council continued the meeting to November 9, 2021 , and delayed its final action so that written public comments that provided new information were carefully reviewed and considered in order to determine Page 25 of 133 Resolution No. _____ (2021 Series) Page 4 R ______ whether such information warranted reopening the public hearing or further action on the environmental document. That review and analysis is memorialized in two memoranda prepared by the firm Rincon Consultants that were addressed to the City of San Luis Obispo and are described and made available to the public through the Council Agenda Report for November 9, 2021 . This review concluded that no new information was introduced that changes the findings of the Initial Study and Negative Declaration for the project. Upon motion of Council Member _______________________, seconded by Council Member _______________________, and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this _____ day of _________________2021. ___________________________ Mayor Erica A. Stewart 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 Page 26 of 133 INITIAL STUDY ENVIRONMENTAL CHECKLIST FORM For ER # 0589-2021 1. Project Title: Open Space Winter Evening Hours of Use at Cerro San Luis Natural Reserve 2. Lead Agency Name and Address: City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 3. Contact Person and Phone Number: Robert Hill, Sustainability & Natural Resources Official (805) 781-7211 rhill@slocity.org 4. Project Location: The 118-acre Cerro San Luis Natural Reserve (the “project site” or “the Reserve”) is located within the western portion of the City of San Luis Obispo (City) at 1000 Fernandez Road, San Luis Obispo, California 93401. The regional location and project location are depicted in Figure 1 and Figure 2. The project site is located within City- owned property adjacent to and west of United States Highway 101 (U.S. 101). The City has a license agreement with the neighboring private property owner that allows use of the westerly portion of the “M Trail” segment that is located outside of the City-owned property. Cerro San Luis is one of the nine named volcanic peaks, or Morros, that form a series of ancient volcanic plugs that extend between the cities of Morro Bay and San Luis Obispo and divide the Los Osos and Chorro Creek valleys. The Morros run in a southeasterly direction from Morro Rock on the coast to Islay Hill, at the southeastern boundary of the City. Cerro San Luis, situated between Islay Hill and Bishop Peak, is the eighth named Morro from the coast. The peak of Cerro San Luis is own ed by the Madonna family and is therefore sometimes known locally as Madonna Mountain or San Luis Mountain (City of San Luis Obispo 2005). The Reserve is one of numerous City-owned properties comprising approximately 4,250 acres that are held in open space reserve, natural reserve, agricultural reserve, or ecological reserve status. From U.S. 101, the Reserve is publicly accessible from Marsh Street and Fernandez Road. Public parking and trailhead facilities are located along Fernandez Road (City of San Luis Obispo 2005). 5. Project Sponsor’s Name and Address: City of San Luis Obispo 990 Palm Street San Luis Obispo, California 93401 Page 27 of 133 CITY OF SAN LUIS OBISPO 2 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020 Figure 1 Regional Location Page 28 of 133 CITY OF SAN LUIS OBISPO 3 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020 Figure 2 Project Site Location Page 29 of 133 CITY OF SAN LUIS OBISPO 4 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020 6. General Plan Designations: Open Space 7. Zoning: Conservation/Open Space (C/OS-20) 8. Project Background: 8.1 Open Space Regulation The City’s existing Open Space Regulations (Municipal Code Section 12.22) were adopted by Ordinance 1332 Section (§) 1 in 1998. Section 12.22.050 of the Open Space Regulation s prohibit overnight usage of City open space: 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. Specifically, the City’s Open Space Regulations allow for passive recreation on the City’s publicly accessible trail system, including Cerro San Luis Natural Reserve, from one hour before sunrise until one hour after sunset. Common recreational activities within the Reserve include hiking, jogging, and mountain biking . 8.2 Extended Use Hours Pilot Program On January 16, 2018, the City Council approved Resolution 10858, which authorized a two -year pilot program and adopted a Mitigated Negative Declaration (MND) to expand the hours of use at the Reserve until 8:30 PM during the winter when daylight savings time is not in effect.1,2 The pilot program allowed the City to issue up to 65 permits daily for access to approximately 4.9 miles of trails within City property within the Cerro San Luis Natural Reserve from one hour after sunset until 8:30 PM when daylight savings time is not in effect. On November 17, 2020, the City approved a one-year extension of the pilot program and adopted an Addendum to the 2018 MND.3 The pilot program took place during the winter seasons of 2018 -2019 (November 4 to March 10), 2019-2020 (November 3 to March 8), and 2020-2021 (November 1 to March 14). The pilot program ended on March 14, 2021. According to the San Luis Obispo Open Space Survey (Riggs et al. 2015), use of the Reserve averaged approximately 800 visitors per day during between December 2014 and March 2015. The average daily use between the hours of 6:00 PM and 9:00 PM was 65 individuals, despite the City’s existing Open Space Regulations provision that open space is closed one hour after sunset. Therefore, the pilot program limited access to the existing average daily baseline of 65 individuals from one hour after sunset until 8:30 PM when daylight savings time is not in effect. A website-based application was used to issue permits to the public. On March 16, 2021, the majority of City Council voted to direct staff to implement a permanent program for winter hours of use at Cerro San Luis Natural Reserve, and also received and filed a Final Summary Report of findings from the Pilot Program.4 A total of 3,160 permits were issued during the 2018 -2019 season, 2,747 permits were issued during the 2019-2020 season, and 2,702 permits were issued during the 2020-2021 season. In total, 7,783 1 The City Council agenda and minutes for January 16, 2018 are available on-line at: http://opengov.slocity.org/WebLink/DocView.aspx?id=70272&dbid=0&repo=CityClerk 2 The MND is available online at: https://ceqanet.opr.ca.gov/Project/2017091049 3 The City Council agenda, which includes the Addendum, and minutes for November 17, 2020 are available on -line at: http://opengov.slocity.org/WebLink/DocView.aspx?id=131233&dbid=0&repo=CityClerk 4 The City Council Agenda Report and presentation for March 16, 2021 are available on-line at: http://opengov.slocity.org/WebLink/DocView.aspx?id=139031&dbid=0&repo=CityClerk The Final Summary Report attachment is available on-line at: http://opengov.slocity.org/WebLink/DocView.aspx?id=139011&dbid=0&repo=CityClerk Page 30 of 133 CITY OF SAN LUIS OBISPO 5 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020 permits were issued, of which 826 were bikers and 6,957 were hikers and joggers. In general, less than the number of available permits were issued during the months of November and January through March. During December, the maximum number of permits (65) was typically issued. The Ranger Service had to deny entry at the trailhead to at least 36 people in the 2018-2019 season, 206 people in the 2019-2020 season, and 52 people in the 2020-2021 season (City of San Luis Obispo 2021). Of the open space properties owned by the City, Cerro San Luis Natural Reserve was selected for the Pilot Program based on the following criteria: 1) Avoiding open space properties where wildlife use is thought to be most prolific, 2) Avoiding neighborhoods, and 3) Open space properties that present reduced challenges for emergency response access. Johnson Ranch Open Space and Irish Hills Natural Reserve are part of a much larger wildlife habitat area that is ecologically connected to the larger Irish Hills landscape, while Stenner Springs Natural Reserve and Reservoir Canyon Natural Reserve are similarly connected to the Los Padres National Forest. Bi shop Peak Natural Reserve, Terrace Hill Open Space, South Hills Natural Reserve, and Islay Hill Open Space are all proximate to existing neighborhoods. This narrowed the options for the pilot program to Laguna Lake Natural Reserve and Cerro San Luis Natural Reserve. Both properties are tangent to urbanized areas and disturbances such as Highway 101, located away from neighborhoods, feature designated parking areas, and have emergency vehicle access (City of San Luis Obispo 2017). Laguna Lake Natural Reserve was discarded from consideration due to the presence of numerous rare and sensitive botanical and avian species, leaving Cerro San Luis Natural Reserve as the most appropriate site for the allowance of winter evening hours of use. During the pilot program, wildlife surveys were conducted to inform the presence of wildlife species using the Cerro San Luis Natural Reserve. Four wildlife game cameras, cover boards, bat detection equipment, and field surveys were used to document and track nocturnal wildlife species diversity and locations. The cameras and cover boards were checked weekly, and detection equipment were used monthly. Observed common wildlife species included barn owl, great-horned owl, sharp-shinned hawk, deer, coyote, and others. During the course of the City’s ownership of the Cerro San Luis Natural Reserve, third-party professional wildlife surveys have been conducted by the firms Tenera Environmental (Tenera) and Terra Verde Environmental Consulting (Terra Verde). Special status wildlife species observed either by Tenera or Terre Verde included but were not limited to California mountain lion (Puma concolor), San Diego woodrat (Neotoma lepida intermedia), Mexican free-tailed bat (Tadarida brasiliensis), ornate shrew (Sorex ornatus), western skink (Eumeces skiltonianus), yellow-rumped warbler (Setophaga coronata), rufous-crowned sparrow (Aimophila ruficeps), and monarch butterfly (Danaus plexippus) (Tenera 2004; Terre Verde 2017, 2019, 2021). 8.3 Open Space Conservation Plan The Cerro San Luis Natural Reserve Conservation Plan (“Conservation Plan”) was prepared by the City in 2005. The Conservation Plan includes an inventory of the soils, cultural resources, and biological resources present in the Reserve, and management guidelines and policies designed to achieve the goals of the City’s General Plan Conservation and Open Space Element (2006). The Conservation Plan does not currently include any policies related to hours of use. 9. Description of the Project: The Open Space Winter Evening Hours of Use at Cerro San Luis Natural Reserve project (“proposed project”) would revise the City’s existing Open Space Regulations (San Luis Obispo Municipal Code, Chapter 12.22) to permanently extend the public use hours on the existing Cerro San Luis Natural Reserve trail system within City property. The hours of use would be extended to between one hour before sunrise until 8:30 PM when daylight savings time is not in effect. Public use hours when daylight savings time is in effect would remain from one hour Page 31 of 133 CITY OF SAN LUIS OBISPO 6 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020 before sunrise until one hour after sunset. The Open Space Regulations are proposed to be revised as follows (proposed changes are shown in underline text): 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. Notwithstanding the foregoing, the City may implement a special program at Cerro San Luis Natural Reserve only that allows for extended hours of use until 8:30 PM, Pacific Standard Time, when daylight savings time is not in effect, in accordance with City Council Resolution R - [XXXXX] (2021 Series) adopted on [date], or as such Resolution may be subsequently amended by the Council consistent with the purpose of this ordinance and the environmental review document supporting this provision. All other provisions of the Open Space Regulations contained in this Chapter 12.22 shall remain in effect. The City’s Parks and Recreation Department Ranger Service personnel would provide oversight and additional patrol of the Reserve during the extended hours of use. A permit program would be permanently implemented to limit access to the Cerro San Luis trail system to 65 individuals during the extended hours during December, which had the highest demand for night hiking during the pilot program. A permit would not be needed for access from one hour after sunset until 8:30 PM during the months of November and January through March. However, Ranger Service and Natural Resources Program staff would deploy an EcoCounterTM5 device to track frequency of human use and hours of use at the Reserve. The EcoCounterTM device utilizes sensors to track pedestrian and cyclist use of the Reserve trail. If it is determined that use during the extended hours exceeds the existing average daily baseline use of 65 individuals during the months of November and January through March, the permitting system would be re-instated the day after the exceedance occurs for all program months in order to ensure that use does not exceed 65 individuals. Re-instatement of the permitting system would be communicated to the public via social media, the City website, and rangers stationed at the trailhead. For purposes of operational efficiency, the City Council may elect to require permits for all program months at the time of adoption. The City’s Parks and Recreation Department proposes to develop information and educational materials for the public that is specific to nighttime use and wildlife at the Reserve. These materials will re-iterate the City’s rules and regulations in effect, as well as highlight the sensitivity of evening use, potential for wildlife interactions and impacts, and methods to avoid or reduce impacts, including that visitors would be required to stay on established trails during nighttime use. These informational materials will be available on the City’s website (with potential to access via a QR code), at the entrance of the Reserve, and on pamphlets that can be handed out or placed in a rack on the kiosk at the entrance of the Reserve. Permit applicants will be provided with the information and educational materials during the application process and be required to acknowledge receipt and confirm understanding prior to receiving the permit. Section 15125(a)(1) of the California Environmental Quality Act (CEQA) Guidelines states that an environmental document “should include a description of the physical environmental conditions in the vicinity of the project, as they exist at the time the notice of preparation is publi shed, or if no notice of preparation is published, at the time environmental analysis is commenced.” Section 15125(a) states that this approach “normally constitute[s] the baseline physical conditions by which a lead agency determines whether an impact is significant.” The CEQA baseline is July 2021, when preparation of this Initial Study was initiated. The CEQA baseline includes the conditions under the current Open Space Ordinance with passive recreation on the Reserve restricted to one hour before sunrise to one hour after sunset. As discussed in Section 8.2, according to the San Luis Obispo Open Space Survey (Riggs et al. 2015), the average daily use between the hours of 6:00 PM and 9:00 PM was recorded as 65 individuals, despite the City’s existing Open Space Regulation provision that open space is closed one hour after sunset. Therefore, the existing average baseline use during the proposed evening hours is 65 individuals [see Communities for a Better Environment v. South Coast Air Quality Management Di strict, et al. (2010) 48 Cal.4th 310 (“Communities for a Better Environment) and Communities for a Better Environment v. South Coast Air Quality Management District (Tesoro Refining and Marketing Company, LLC, Real Party in Interest) (2d Dist. 2020) 47 Cal.App.5th 588]. 5 Information regarding the EcoCounterTM devices is available on -line at: https://www.eco-counter.com/ Page 32 of 133 CITY OF SAN LUIS OBISPO 7 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020 10. Project Entitlements: No entitlements are required. 11. Surrounding Land Uses and Settings: Existing uses surrounding the Reserve are as follows: • West: Rural land; County of San Luis Obispo jurisdiction • North: Rural land (C/OS-20) • East: U.S. 101; single-family residential neighborhood (R-1) • South: Rural land (C/OS-20) 12. Have California Native American tribes traditionally and culturally affiliated with the project area requested consultation pursuant to Public Resources Code Section 21080.3.1? If so, is there a plan for consultation that includes, for example, the determination of significance of impacts to tribal cultural resources, procedures regarding confidentiality, etc.? Native American Tribes were notified about the project consistent with City and State regulations including, but not limited to, Assembly Bill 52. The California Native American Heritage Commission (NAHC) supplied a list of local Native American individuals and/or groups with interests and knowledge about the area. Those individuals, as well as tribes previously requesting consultation pursuant to Assembly Bill 52, were contacted and no contacts requested formal consultation or indicated presence of tribal cultural resources at the project site. 13. Other public agencies whose approval is required: The project site is located in the City of San Luis Obispo. The property is owned by the City of San Luis Obispo, and is therefore subject to City plans, policies, and requirements. The City Council would approve the revisions to the Open Space Regulations. The proposed project would not require approval from any other public agency . 14. Public Review Process This Initial Study Negative Declaration was circulated for a 30-day public review period from September 10, 2021 through October 11, 2021. No public comments were received on the Initial Study Negative Declaration. Since public circulation of the Initial Study Negative Declaration, minor editorial revisions were made to 1) clarify that the hours of use would be extended during the winter when daylight savings time is not in effect and 2) to correct the website link to the November 17, 2020 City Council agenda. Page 33 of 133 CITY OF SAN LUIS OBISPO 8 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a “Potentially Significant Impact” as indicated by the checklist on the following pages. ☐ Aesthetics ☐ Greenhouse Gas Emissions ☐ Public Services ☐ Agriculture and Forestry Resources ☐ Hazards and Hazardous Materials ☐ Recreation ☐ Air Quality ☐ Hydrology and Water Quality ☐ Transportation ☐ Biological Resources ☐ Land Use and Planning ☐ Tribal Cultural Resources ☐ Cultural Resources ☐ Mineral Resources ☐ Utilities and Service Systems ☐ Energy ☐ Noise ☐ Wildfire ☐ Geology and Soils ☐ Population and Housing ☐ Mandatory Findings of Significance FISH AND WILDLIFE FEES ☐ The California Department of Fish and Wildlife has reviewed the CEQA document and written no effect determination request and has determined that the project will not have a potential effect on fish, wildlife, or habitat (see attached determination). ☒ The project has potential to result in less than significant impacts to fish and wildlife resources and shall be subject to the payment of Fish and Game fees pursuant to Section 711.4 of the California Fish and Game Code. This initial study has been circulated to the California Department of Fish and Wildlife for review and comment. STATE CLEARINGHOUSE ☒ This environmental document must be submitted to the State Clearinghouse for review by one or more State agencies (e.g., Cal Trans, California Department of Fish and Wildlife, Department of Housing and Community Development). The public review period shall not be less than 30 days (CEQA Guidelines 15073[a]). Page 34 of 133 CITY OF SAN LUIS OBISPO 9 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020 DETERMINATION (To be completed by the Lead Agency): On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ☒ I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made, by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ☐ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ☐ I find that the proposed project MAY have a “potentially significant” impact(s) or “potentially significant unless mitigated” impact(s) on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed ☐ I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (1) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (2) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. ☐ Signature Date Shawna Scott For: Michael Codron, Printed Name Community Development Director September 9, 2021 Page 35 of 133 CITY OF SAN LUIS OBISPO 10 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020 EVALUATION OF ENVIRONMENTAL IMPACTS 1. A brief explanation is required for all answers except “No Impact” answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A “No Impact” answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A “No Impact” answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2. All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 3. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact' is appropriate if there is substantial evid ence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4. “Negative Declaration: Less Than Significant with Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section 19, "Earlier Analysis," as described in (5) below, may be cross - referenced). 5. Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration (Section 15063 (c) (3) (D)). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are “Less than Significant with Mitigation Measures Incorporated,” describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they addressed site-specific conditions for the project. 6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8. The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance Page 36 of 133 CITY OF SAN LUIS OBISPO 11 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020 1. AESTHETICS Except as provided in Public Resources Code Section 21099, would the project: Sources Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact a) Have a substantial adverse effect on a scenic vista? 1 ☐ ☐ ☐ ☒ b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, open space, and historic buildings within a local or state scenic highway? 1 ☐ ☐ ☐ ☒ c) In non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? 1 ☐ ☐ ☒ ☐ d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? 1 ☐ ☐ ☒ ☐ Evaluation In the local area, Cerro San Luis Natural Reserve serves as a substantial public scenic resource as the immediate backdrop for downtown San Luis Obispo and many other areas of the City. Unobstructed public views of Cerro San Luis can be gained along U.S. Highway 101 North and South, from other City of San Luis Obispo open space propert ies such as Terrace Hill Open Space and Reservoir Canyon Natural Reserve, as well as numerous neighborhoods to the north and east of the project site. a-b) According to the Circulation Element of the City General Plan, the segment of U.S. Route 101 (US 101) through the City of San Luis Obispo is identified as having moderate and high scenic value. Views of the Reserve are available along this segment of U.S. 101. However, users would continue to utilize the Reserve for passive recreational activities, including hiking and biking, which occur under existing conditions. The project does not include any grading, construction, or vegetation removal activities. Therefore, no scenic vistas or scenic resources, including but n ot limited to, trees, rock outcroppings, open space, or historic resources would be damaged with implementation of the project. c) There would be no physical changes to the landscape associated with the project which includes extending the hours of use of the Reserve when daylight savings time is not in effect. Users would continue to utilize the Reserve for passive recreational activities, including hiking and biking, which occur under existing conditions. Implementation of the project would not substantially degrade the existing visual character or quality of the site and its surroundings. d) Existing sources of light and glare include headlights from vehicles when entering/existing the Reserve and personal use from hikers/bikers. During the evening hours, hikers and mountain bikers would utilize flashlights, headlamps, or mounted lighting equipment. These lights can sometimes be seen from offsite locations under existing evening use of the Reserve; however, this visibility is distant, intermittent, and short in duration (ranging from a few moments to a few minutes). In addition, the project would limit the number of users to the average daily baseline of 65 individuals . Therefore, the project would not increase lighting beyond that occurring in the existing condition. Implementation of the project would not result in substantial adverse effects associated with light and glare. Page 37 of 133 CITY OF SAN LUIS OBISPO 12 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020 Conclusion There would be no impact related to scenic vistas and scenic resources. Impacts related to the degradation of visual character/quality and generation of light and glare would be less than significant. No mitigation is required. 2. AGRICULTURE AND FORESTRY RESOURCES In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state’s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project: Sources Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non - agricultural use? 1,2 ☐ ☐ ☐ ☒ b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? 1, 2 ☐ ☐ ☐ ☒ c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? 1, 2 ☐ ☐ ☐ ☒ d) Result in the loss of forest land or conversion of forest land to non-forest use? 1, 2 ☐ ☐ ☐ ☒ e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use? 1, 2 ☐ ☐ ☒ ☐ Evaluation a-d) The project site is not located on land currently used for agriculture and does not contain any forest land or resources. There is no agriculturally-zoned land, land enrolled in a Williamson Act Contract, or timber or forest lands on the project site, and the site is not a part of any timber harvesting plans or zones. The Farmland Mapping and Monitoring Program (FMMP) designates the project site and surrounding area as “Grazing Land.” The project would not directly convert agricultural land to non-agricultural use, conflict with existing zoning for agricultural use, convert forest land to non-forest use, or conflict with existing zoning for forest land. e) The project site and surrounding area does not contain forestland. The FMMP designates the project site and surrounding area as “Grazing Land.” The project does not include any activities which would directly or indirectly Page 38 of 133 CITY OF SAN LUIS OBISPO 13 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020 interfere with livestock grazing. The project would not result in significant impacts related to changes to the environmental which could result in conversion of farmland to non -agricultural use or conversion of forest land to non-forest use. Conclusion There would be no impacts related to conversion or loss of agricultural and forestry resources, conflict with zoning for agricultural use or forestland, and conflict with Williamson Act contracts. Impacts related to related to changes to the environment which could result in conversion of farmland to non -agricultural use or conversion of forest land to non -forest use would be less than significant. No mitigation is required. 3. AIR QUALITY Where available, the significance criteria established by the applicable air quality management district or air pollution control district may be relied upon to make the following determinations. Would the project: Sources Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact a) Conflict with or obstruct implementation of the applicable air quality plan? 3, 4, 5 ☐ ☐ ☐ ☒ b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard? 3, 4, 5 ☐ ☐ ☒ ☐ c) Expose sensitive receptors to substantial pollutant concentrations? 3, 4, 5 ☐ ☐ ☒ ☐ d) Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people? 3, 4, 5 ☐ ☐ ☒ ☐ Evaluation a) The applicable air quality plan in the region is the 2001 San Luis Obispo Air Pollution Control District’s (SLOAPCD) Clean Air Plan (2001), which evaluates long-term emissions, cumulative effects, and establishes countywide programs to reach acceptable air quality levels. The project does not include new land uses and would not generate population growth or include any other action that would have the potential to conflict with or obstruct implementation of the SLOAPCD Clean Air Plan. b-d) The project includes extending the hours of use of the Reserve and would not include construction, ground disturbance, or operation of structures or equipment that have the potential to generate pollutant emissions or objectionable odors. However, trail users may use vehicles to travel to the Reserve which can emit air quality pollutants and generate odors. As discussed in the Project Description, the San Luis Obispo Open Space Survey (2015) indicated 65 individual visits represents the average daily use after allowable hours until 8:30 PM in the existing condition. Assuming that each of those visitors arrives at the Reserve in a vehicle as a single occupant, the expected vehicle trips to the Reserve during this time would be up to 65 per day. The San Luis Obispo Open Space Survey also found that 32 percent of open space users walk, bike, or use other means of accessing open space other than driving a car. The project would limit use of the trail during the extended hours to the existing baseline of 65 individuals. Therefore, vehicle trips would be similar to existing conditions and would not result in new mobile emissions. Potential impacts would be less than significant. Page 39 of 133 CITY OF SAN LUIS OBISPO 14 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020 Conclusion No impact would occur related to conflict with or obstruction with an applicable air quality plan. Air quality impacts related to new increase in criteria pollutants, exposure of sensitive receptors to substantial pollutant concentrations, and odors would be less than significant. No mitigation is required. 4. BIOLOGICAL RESOURCES Would the project: Sources Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? 1, 6- 12, 14- 17 ☐ ☐ ☒ ☐ b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? 6-9, 13 ☐ ☐ ☒ ☐ c) Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? 6-9, 12 ☐ ☐ ☒ ☐ d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? 1, 6- 12, 14- 17 ☐ ☐ ☒ ☐ e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? 1 ☐ ☐ ☒ ☐ f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? 6 ☐ ☐ ☒ ☐ Setting The Reserve is a natural open space that consists of moderate to steep slopes with elevations ranging from approximately 190 feet to 920 feet above mean sea level. As described in the Cerro San Luis Natural Reserve Conservation Plan (2005) and the Final Report on the Wildlife Resources of the Cerro San Luis Natural Reserve (Tenera Environmental [Tenera] 2004), vegetation within the Reserve consists of five communities: annual grassland, coastal scrub, coast live oak woodland, opuntia scrub, and introduced trees, consisting of stands of blue gum eucalyptus (Eucalyptus globulus), Monterey cypress (Hesperocyparis macrocarpa), and Peruvian pepper (Schinus molle). A formal jurisdictional delineation has not been prepared for the site; however, the site includes several ephemeral drainages that consist of somewhat incised channels with a bedrock substrate. Two of the features originate within the coast live oak woodland but consist of an ephemeral erosional feature and do not contain associated riparian vegetation community. The Cerro San Luis Natural Reserve Conservation Plan also describes three such areas as seeps and/or springs. Page 40 of 133 CITY OF SAN LUIS OBISPO 15 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020 The California Department of Fish and Wildlife (CDFW) California Natural Diversity Database (CNDDB; 2021) and California Native Plant Society (CNPS) Inventory of Rare and Endangered Plants of California (Inventory; 2021) were queried to obtain updated information regarding special status species documented on and within the San Luis Obispo, California United States Geological Survey 7.5-minute topographic quadrangle and surrounding eight quadrangles. The United States Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC; 2021) was also queried to determine federally listed species and designated critical habitats known to occur within San Luis Obispo County. The records searches identified 48 special status animals, 114 special status plants, and eight sensitive natural communities that have been documented within the nine-quadrangle searches. The majority of the species identified by the queries do not have potential to occur within the project site due to the absence of suitable habitat. The remainder of the species have suitable habitat present on -site; however, subsequent surveys have not determined presence within the project site except where noted. The site was assessed for biological resources by Tenera in 2004 and subsequently surveyed for wildlife by Terra Verde Environmental Consulting (Terra Verde) in 2017, 2019, a nd 2021. Three special status wildlife species have been documented within the site: candidate for federal listing as threatened southern California mountain lion (Puma concolor) and two state Species of Special Concern: San Diego woodrat (Neotoma lepida intermedia) and western mastiff bat (Eumops perotis californicus). Additionally, numerous wildlife species or resources of local concern have been documented, including: monarch butterfly (Danaus plexippus; not present in an overwintering site), western skink (Plestiodon skiltonianus), yellow-rumped warbler (Setophaga coronata), rufous-crowned sparrow (Aimophila ruficeps), and ornate shrew (Sorex ornatus), as well as multiple species of raptor species such as American kestrel (Falco sparverius), great horned owl (Bubo virginianus), and barn owl (Tyto alba), and bat species such as Mexican free-tailed bat (Tadarida brasiliensis). Common wildlife observed within the Reserve include coyote (Canis latrans), striped skunk (Mephitis mephitis), bobcat (Lynx rufus), deer (Odocoileous sp.), and fox (Vulpes sp.). Formal botanical surveys were not conducted by Tenera or Terra Verde and no occurrences of special status plant species have been documented in the study area by the CNDDB or Inventory. a) Southern California mountain lion, a candidate for federal listing as threatened, has been documented within the Reserve. No other state or federally listed threatened or endangered species are known to occur within the Reserve site, but two other special status wildlife species have been documented on-site: San Diego woodrat and western mastiff bat, both state Species of Special Concern. Additionally, numerous species of local concern have been documented on-site. The proposed project is not expected to result in direct impacts to special status wildlife species. The potential for species individuals to be physically injured or killed by visitors through trampling is extremely low because visitors would utilize existing trails instead of treading through habitat that individuals may be using as refugia , which refers to a location that wildlife may utilize to escape danger or adverse weather conditions. Any individuals encountered on trails would be able to escape into refugia. In the event that visitors stray from the trails, the wildlife habitat onsite includes numerous burrow complexes as well as areas of thick, woody shrubs and complex topography that preclude human visitors from traversing those areas, and therefore provides opportunities for wildlife to escape potential harm. Further, the number of potential off-trail visitors is not expected to increase as a result of the project, compared to baseline conditions. Special status wildlife species western skink, yellow-rumped warbler, and monarch butterfly are unlikely to be encountered by nighttime visitors as they are diurnal (active during the day) species, and their nesting, denning, and/or refugia are located outside of the existing trails. San Diego woodrat would be unlikely to be directly affected as the documented locations of individuals and their nests/middens are well away from established trails and/or within dense vegetation such as opuntia scrub dominated by prickly pear cactus (Opuntia sp.) that would provide protection from visitors potentially diverting from established trails. Mountain lion and bat species such as western mastiff bat and Mexican free-tailed bat, are highly mobile and would not be at significant risk for direct physical harm from visitors because they are able to escape into refugia to minimize encounters with visitors. The proposed project would not modify habitat for special status wildlife species, as visitors will be required to utilize existing trails in accordance with San Luis Obispo Municipal Code Section 12.22.050(P) and the Conservation Guidelines for the City of San Luis Obispo Policy HA12 (City of San Luis Obispo 2002). The project could result in indirect effects to nocturnal special status wildlife species by disturbance of nocturnal and/or crepuscular (active at dusk and dawn) behaviors through additional noise, temporary light exposure, and human presence in general, including human-associated disturbances such as pets. Affected wildlife behavior may include but is not limited to foraging, breeding and/or nesting, and evasion of predators. Further, indirect effects could include negative physiological effects such as negative energy balances for individuals forced to use energy to flee visitors and/or missed foraging opportunities. Page 41 of 133 CITY OF SAN LUIS OBISPO 16 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020 A 2016 scientific study reviewed 274 separate peer-reviewed articles regarding the effects of passive recreation on wildlife, spanning numerous geographic areas, taxonomic groups, and recreation activities (Larson et al. 2016). Overall, Larson et al. identified a clear correlation between recreation and negative effects to many wildlife species, including mountain lion. The study also observed that individual -level and community-level effects were more frequent than population-level effects. The City employs spatial restrictions at the Reserve including designating approximately 85% of the Reserve for habitat, management, and/or restoration. Given the limited project area and spatial restrictions on visitors by existing trails, effects on wildlife by the proposed project are more likely to occur on an individual- or community-level, rather than population-level effects. Adverse effects to special status wildlife species on an individual- or community-level are considered less than significant under CEQA. Population-level effects may be considered significant under CEQA; however, based on the available evidence population -level effects are not anticipated as a result of the project. A 2012 study in Boulder, Colorado reviewed and cited numerous studies concluding that artificial light, such as that from a headlamp or flashlight, can have negative effects on wildlife such as dazzling and confusing individuals leaving them vulnerable to predation, disrupting foraging patterns and behavior, and disrupting movement (ERO Resource Corporation 2012). However, the study also acknowledges that wildlife may “habituate,” or become accustomed, to a disturbance if consistently faced with similar disturbances. The Reserve was specifically chosen by the City for extended hours due to its proximity to the ur ban interface. The Reserve is located adjacent to U.S. Highway 101, residential development, and near downtown San Luis Obispo, which are substantial sources of noise and light. The proposed project would legalize limited after-hours access to the Reserve; however, the number of night-use permits that would be offered is derived from and comparable to the observed usage prior to the pilot program instituted by the City and is consistent with the historic use due to unauthorized after-hours use prior to the pilot program. Therefore, the project would not increase the recreational usage of the Reserve. Based on the existing sources of noise and light associated with the urban interface, existing (baseline) after-hours use of the Reserve, and vehicle traffic along U.S. Highway 101, the wildlife within the Reserve are habituated to light and noise from these existing conditions, and the indirect effects of an incremental increase in light and noise from the proposed project would not be significant. Special status plant species are not known to occupy the Reserve; however, formal botanical studies have not been conducted for the project site and several special status plant species have potential to occur within the site. That said, the proposed project would not modify habitat for special status plant species or alter native vegetation communities, as visitors would be utilizing existing trails in accordance with San Luis Obispo Municipal Code Section 12.22.050(P) and the Conservation Guidelines for the City of San Luis Obispo Policy HA12 (2002); therefore, no direct or indirect effects to special status plant species, if present, are expected to occur. b) The Reserve does not contain significant, mature riparian habitat. The Cerro San Luis Natural Reserve Conservation Plan describes the coastal scrub and coast live oak woodland vegetation communities on-site as sensitive natural communities; however, neither community is listed by the CDFW Sensitive Natu ral Communities list (CDFW 2021).The seeps and/or springs associated with drainage features on-site are considered sensitive natural communities, but the proposed project would not have an adverse effect on vegetation because the project does not include any grading or vegetation removal and visitors would be utilizing existing trails in accordance with San Luis Obispo Municipal Code Section 12.22.050(P) and the Conservation Guidelines for the City of San Luis Obispo Policy HA12 (City of San Luis Obispo 2002). Therefore, direct or indirect effects to seeps and/or springs are not anticipated. c) The proposed action does not include direct or indirect removal, filling, or hydrological interruption of a state or federally protected wetland. Therefore, no effects to such features are anticipated. d) The Reserve does not contain aquatic habitat or habitat for migratory fish such as the south-central Distinct Population Segment of California coast steelhead (Oncorhynchus mykiss). The site is located within the City of San Luis Obispo and is bound by U.S. Highway 101 and residential development on the east side and is within close proximity to development on the north and south sides. The proximity to development precludes the site from providing immediate connectivity between large core habitat areas. West and southwest of the site includes large swaths of open rangeland and native habitat that provides much stronger migration habitat from the coast to unique habitat opportunities such as Laguna Lake. Due to the availability of contiguous and relatively unimpeded migration habitat adjacent to the site compared to the proximity of the subject site to development, it is unlikely wildlife would use it as a regional movement corridor between core populations. The City of San Luis Obispo’s General Plan Conservation and Open Space Element Page 42 of 133 CITY OF SAN LUIS OBISPO 17 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020 depicts the adjacent parcel to the southwest as a “Potential Wildlife Corridor” to the Prado and Tank Farm areas, as well as an adjacent parcel to the north, which is mapped as a “Wildlife Corridor” on the Figure 3 map. Wildlife could potentially use the corridor to the southwest to migrate, but the area is unlikely to be a significant corridor, as wildlife would have to cross U.S. Highway 101, which is mapped as a “Linear Boundary” on the Figure 3 map . The mapped corridor to the north indicates connectivity with Old Garden Creek . This corridor would not support connectivity for aquatic species, and it is separated by Broad Street and residential development. Neither mapped corridor is located within the Cerro San Luis Natural Reserve, and the proposed project would not result in changes that would directly or indirectly modify or impede wildlife movement along these corridors. Therefore, the proposed project would not significantly interfere with wildlife movement corridors. Locally, wildlife likely utilizes the open habitat associated with the trails to move throughout the site. Further, the site is likely used by numerous species for reproduction (i.e., mating and rearing young). Table 1 below provides an approximate reproductive season for nocturnal special status species observed within the site. Rock crevices and trees within the site contains suitable habitat for maternity roosts for bats during the bat maternity season (typically March through August). Additionally, raptors and songbirds/passerines likely utilize the site for nesting and rearing young. Large mammals such as mule deer (Odocoileus hemionus) could use the site as a nursery site, and the recreational use could affect a species’ ability to utilize a nursery site if implemented during the rearing season, typically starting in spring. San Diego woodrat, a special status species, is known from the site, including nest structures; however, nests/middens are located well away from the established trails in thick vegetation that would preclude accidental disturbance and the species tends not to be sensitive to human presence based on experience with woodrats at other sites (pers. obs. K. Weichert, Rincon Consultants). Mountain lions likely utilize the site only transiently, as they have large home ranges (between 20 and 100 square miles) and require a high availability of prey, which the 118 -acre Reserve cannot support due to its relatively small size (US Forest Service 2021; Midpeninsula Regional Open Space District 2021). Suitable habitat for littering and/or rearing young, which typically consists of caves or rock alcoves, is not present on-site. Additionally, the proximity of the site to development and the existing levels of use and disturbance make mountain lion unlikely to be resident to the site. Table 1- Special Status Wildlife Typical Reproductive Season Species Jan Feb Mar April May June July Aug Sept Oct Nov Dec San Diego woodrat (Neotoma lepida intermedia) X X X X X X Mountain lion (Puma concolor) X X X X Typical Passerine Nesting Season X X X X X X X X Typical Raptor Nesting Season X X X X X X X X Typical Bat Maternity Season X X X X X X The proposed project could affect the ability of wildlife species such as bats and birds to use the site for maternity roosts and nesting by disturbing individuals through additional noise, temporary light exposure, and human presence in general. However, the extended hours of use would only be offered when daylight savings time is not in effect (approximately November through the first half of March), which is almost entirely outside the nesting bird and bat maternity seasons. Additionally, any individuals attempting to nest or establish a maternity roost or utilize a nursery site during the later months of the extended hours period would presumably be doing so with an existing level of light and noise disturbance and could therefore be habituated to the stimuli. Further, the proposed project would not increase the existing level or times of visitation to the Reserve, as visitors have been using the site as part of the City’s pilot study Page 43 of 133 CITY OF SAN LUIS OBISPO 18 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020 as well as unauthorized use prior to the pilot study. For these reasons, the effects of the proposed project on wildlife using nursery, maternity, or nesting sites is not significant. e) The City of San Luis Obispo’s General Plan Conservation and Open Space Element (COSE) contains policies to protect special status species, City-designated species of local concern, and wildlife corridors (policies 7.3.1, 7.3.2, and 7.3.3). Policy 7.3.1 requires protection of state and federally listed species and California Rare Plant Ranked plant species though projects or actions on land-use, development, construction, creek maintenance, etc. The proposed project would not conflict with this policy as the only federally listed species known from the site, mountain lion, would occur only transiently, and would not be substantially affected by the project. No other state or federally listed species are present within the project site. Policy 7.3.2 outlines guidelines for protection of species of local concern, which includes species listed within the COSE. Species of local concern are known from the site, including monarch butterfly, western skink, yellow - rumped warbler, rufous-crowned sparrow, and ornate shrew, and generally raptors and nesting birds. With implementation of the mitigation measures identified, the project would not conflict with policy 7.3.2. Policy 7.3.3 requires that wildlife habitat, including corridors free of human disruption be preserved, where necessary. As discussed above the project site does not provide immediate connectivity to separate open spaces or core habitat areas. The proposed project would not substantially conflict with policy 7.3.3 or associate goals. Additionally, COSE Policy 8.5.5 allows the City to consider passive recreation such as hiking, nature study, bicycle use, etc. where it will not “degrade or significantly impact resource p reservation.” Overall, the proposed project would not conflict with existing policies and ordinances protecting biological resources . The project would allow a limited expansion of the hours of use, which is consistent with the current use established during the pilot program, and the historic use due to illegal after-hours use prior to the pilot program. Therefore, potential impacts to resources are not expected to increase from baseline conditions or to be significant in accordance with CEQA guidelines. f) The Reserve is within the Cerro San Luis Natural Reserve Conservation Plan (2005), which was adopted and approved by City Council resolution. Pertinent management goals are presented in Chapter 3 and include the following goals: 3.1 To conserve, enhance and restore natural plant communities; to protect sensitive and endangered plant species and their habitats; and maintain biodiversity of native plants and animals. 3.2 To provide the public with a safe and pleasing natural environment in which to pursue pas sive recreational activities, while maintaining the integrity of the resource and minimizing the impact on the wildlife and habitats represented. 3.3 To preserve and restore creeks, wetlands and ephemeral seeps or springs in a natural state and provide suitable habitat to all native aquatic and riparian species. 3.4 To conserve and protect native plant and animal species and enhance their habitats in order to maintain viable wildlife populations within balanced ecosystems. The proposed project would allow a limited expansion of the hours of use, which is consistent with the current use established during the pilot program, and the historic use due to illegal after-hour use prior to the pilot program. Therefore, potential impacts to natural plant communities, wildlife, and habitats are not expected to increase from baseline conditions or to be significant in accordance with CEQA guidelines. The proposed project would not conflict with the goals of the adopted local conservation plan. No other regional or state habitat conservation plans are applicable to the site. Page 44 of 133 CITY OF SAN LUIS OBISPO 19 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020 Conclusion Impacts related to candidate, sensitive, or special status species; riparian habitat and sensitive natural communities; wetlands; wildlife movement; conflicts with local policies or ordinances; and conflicts with habitat conservation plans would be less than significant. No mitigation is required. 5. CULTURAL RESOURCES Would the project: Sources Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact a) Cause a substantial adverse change in the significance of a historic resource pursuant to §15064.5 ? 6 ☐ ☐ ☒ ☐ b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5? 6 ☐ ☐ ☒ ☐ c) Disturb any human remains, including those interred outside of formal cemeteries? ☐ ☐ ☒ ☐ Evaluation a-c) The project does not include construction, rehabilitation, or ground disturbance which have the potential to damage or uncover known or unknown historic or archaeological resources, or human remains. The Cerro San Luis Natural Reserve Conservation Plan states that there are two archaeological sites located on the Reserve; however, extending the hours of use would not impact these resources since use of the Reserve would be limited to the existing trail system in accordance with San Luis Obispo Municipal Code Section 12.22.050(P) and the Conservation Guidelines for the City of San Luis Obispo Policy HA12 (City of San Luis Obispo 2002), and would not affect these archaeological sites. Conclusion Impacts related to historic/cultural resources would be less than significant. No mitigation is required. 6. ENERGY Would the project: Sources Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? ☐ ☐ ☐ ☒ b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? ☐ ☐ ☐ ☒ Evaluation a-b) The project would not include construction activities or operation of any building or structural development requiring electricity, natural gas, or other types of energy. Trail users may use vehicles to travel to the Reserve which consume Page 45 of 133 CITY OF SAN LUIS OBISPO 20 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020 energy resources. However, the number of trail users would be limited to the existing average baseline of 65 individual and would therefore not increase energy consumption from vehicles entering/existing the Reserve. The project would not result in the wasteful, inefficient, or unnecessary consumption of energy resources. Conclusion The project would not result wasteful, inefficient, or unnecessary use of energy and the project would not conflict with or obstruct plans related to renewable energy and efficiency. No mitigation is required. 7. GEOLOGY AND SOILS Would the project: Sources Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury or death involving: i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. 18, 19 ☐ ☐ ☐ ☒ ii. Strong seismic ground shaking? 18,19 ☐ ☐ ☐ ☒ iii. Seismic-related ground failure, including liquefaction? 18-20 ☐ ☐ ☐ ☒ iv. Landslides? 18, 19 ☐ ☐ ☐ ☒ b) Result in substantial soil erosion or the loss of topsoil? 6 ☐ ☐ ☒ ☐ c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? 18-20 ☐ ☐ ☐ ☒ d) Be located on expansive soil, as defined in Table 1802.3.2 of the California Building Code (2013), creating substantial direct or indirect risks to life or property? ☐ ☐ ☐ ☒ e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? ☐ ☐ ☐ ☒ f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? ☐ ☐ ☒ ☐ Evaluation According to the Department of Conservation and as identified in the Safety Element of the City General Plan, no active fault s are located in the project site or its vicinity, and the project site is not located in an Alquist Priolo Earthquake Fault Zo ne. The project site is located in an area with moderate potential for landslide hazards and low potential for liquefaction hazards. a, c-d) The project does not include any grading, structural development, or habitable structures which have the potential to expose persons or structures to geological hazards, including seismic ground shaking, ground failure, landslides, unstable soils, or expansive soils. Page 46 of 133 CITY OF SAN LUIS OBISPO 21 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020 b) The use of dirt surface trails in the Reserve may result in minor soil erosion or loss of topsoil over time, however this occurs under existing conditions. The expanded hours of use in the Reserve would occur during the typical rainy season for San Luis Obispo where trail use at any time of day could result in rutting, rilling, or track -out of dirt. To address potential safety hazards resulting from rainy conditions and to prevent damage to trails and soil erosion, the Director of the City’s Parks and Recreation has the authority to close City Open Space during rain events and thereafter, until conditions allow for reopening. Therefore, extended passive use of the Reserve would not result substantial erosion or loss of topsoil. e) No septic tanks or alternative wastewater systems are proposed or would be required. Therefore, no impact would occur. f) The project does not include construction or ground disturbance which has the potential to damage or uncover known or unknown paleontological resources or geologic features. Therefore, no significant impact would occur. Conclusion There would be no impact related to geologic hazards or septic systems. Impacts related to loss of topsoil and paleontological resources would be less than significant. No mitigation is required. 8. GREENHOUSE GAS EMISSIONS Would the project: Sources Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? 21 ☐ ☐ ☒ ☐ b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? 21 ☐ ☐ ☐ ☒ Evaluation a-b) The State of California’ s Assembly Bill 32, the California Global Warming Solution Act of 2006 and California Governor Schwarzenegger Executive Order S-3-05 (June 1, 2005), both require reductions of greenhouse gases in the State of California. City policies recognize that compact, infill development allow for more efficient use of existing infrastructure and Citywide efforts to reduce greenhouse gas emissions. The City’s Climate Action Plan (CAP) also recognizes that energy efficient design will result in significant energy savings, which result in emissions reductions. The proposed project, however, does not include structural development subject to the efficiency measure typically applied in those cases. • SLOAPCD states that GHGs (CO2 and CH4) from all projects subject to CEQA must be quantified and mitigated to the extent feasible. The California Office of Planning and Research has provided the following direction for the assessment and mitigation of GHG emissions: • Lead agencies should make a good-faith effort, based on available information, to calculate, model, or estimate the amount of CO2 and other GHG emissions from a project, including the emissions associated with vehicular traffic, energy consumption, water usage and construction activities; • The potential effects of a project may be individually limited but cumulatively considerable. Lead agencies should not dismiss a proposed project’ s direct and/or indirect climate change impacts without careful evaluation. All available information and analysis should be provided for any project that may significantly contribute new GHG emissions, either individually or cumulatively, directly or indirectly (e.g., transportation impacts); and, Page 47 of 133 CITY OF SAN LUIS OBISPO 22 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020 • The lead agency must impose all mitigation measu res that are necessary to reduce GHG emissions to a less than significant level. CEQA does not require mitigation measures that are infeasible for specific legal, economic, technological, or other reasons. A lead agency is not responsible for wholly elimin ating all GHG emissions from a project; the CEQA standard is to mitigate to a level that is “less than significant. • As discussed in Section 3, Air Quality, the project does not include building construction or ground disturbing activities which have the potential to generate construction related greenhouse gas emissions. Expanded hours of passive recreational use of Reserve would not result in any direct operational related emissions as only hiking, jogging, or biking are allowed. However, trail users may drive vehicles to the Reserve, which result in GHG emissions. As discussed in the Project Description, the San Luis Obispo Open Space Survey (2015) indicated 65 individual visits represents average daily use after allowable hours until 8:30 PM in the existing condition. Assuming that each of those visitors arrives at the Reserve in a vehicle as a single occupant, the expected vehicle trips to the Reserve during this time would be up to 65 per day. The San Luis Obispo Open Space Survey also found that 32 percent of open space users walk, bike, or use other means of accessing open space other than driving a car. Since the project would limit the number of trail users during the expanded hours to 65 individuals, which is the same as the existing average baseline , the project would not result in additional GHG emissions from vehicle trips compared to existing conditions. Implementation of the proposed project would not generate greenhouse gas emissions beyond existing baseline conditions and the project would not conflict with any applicable plans related to greenhouse gas emission reduction. Conclusion Impacts related to greenhouse gas emissions would be less than significant. The project would not conflict with an applicable greenhouse gas plan, policy, or regulation. No mitigation is required. 9. HAZARDS AND HAZARDOUS MATERIALS Would the project: Sources Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? ☐ ☐ ☐ ☒ b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? ☐ ☐ ☐ ☒ c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? ☐ ☐ ☐ ☒ d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? 22-24 ☐ ☐ ☐ ☒ e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area? 25-27 ☐ ☐ ☐ ☒ Page 48 of 133 CITY OF SAN LUIS OBISPO 23 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020 f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? 28 ☐ ☐ ☐ ☒ g) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury, or death involving wildland fires? 19 ☐ ☐ ☒ ☐ Evaluation The following databases were reviewed in August 2021 for known hazardous material contamination and facilities at the project site: United States Environmental Protection Agency’s Enviromapper, State Water Resources Control Board’s GeoTracker, and the Department of Toxic Substances Control’s EnviroStor. According to these sources, there is no evidence of hazardous material contamination at the Reserve and there are no registered hazardous material facilities on or adjacent to the Reserve. a-d) The project includes extending the hours of use in the Reserve which would not require or result in the transport, use, or disposal of hazardous materials. As such, the project would not result in the potential for upset and accident conditions involving the release of hazardous materials. In addition, implementation of the project would not expose users to existing sources of contamination, as there are no known sources of hazardous material contamination at the Reserve. e) The nearest public or private airport to the Reserve is the San Luis Obispo County Regional Airport, located over two miles to the southeast. The Reserve is not located in any safety hazard zones for the airport and the project does not involve construction of any tall structures that co uld pose a hazard to aircraft overflight. As discussed in Section 13, Noise, the Reserve is not located in within the noise level contours of the San Luis Obispo County Regional Airport. f) There are no designated emergency response or emergency evacuation routes through the Reserve. However, as discussed in the Project Description and detailed in An Evaluation of Hours of Use for City of San Luis Obispo Open Space (City of San Luis Obispo 2017), the Cerro San Luis Natural Reserve was considered for the extended hours of use because it has access for emergency vehicles in the event of an emergency. San Luis Obispo Fire Department and Ranger Service staff were consulted on emergency access issues as during selection of Cerro San Luis Natural Reserve and preparation of An Evaluation of Hours of Use for City of San Luis Obispo Open Space. Extending the hours of use at the Reserve would not interfere with adopted emergency response plans or evacuation routes. g) The project does not include any structural development or habitable structures. The Reserve is located in an area identified with a Moderate Fire Hazard Risk. Most passive recreational use does not pose a fire risk, although activities such as illegal smoking could pose a fire risk. Use of the trail during the extended hours would be limited to that already occurring in the existing condition, thereby not exacerbating wildfire hazards or subjecting additional users to wildfire hazards. Because use of the trail would not be more intensive than that occurring in the existing condition, the project would not increase risk of wildfire. Conclusion There would be no impact related to hazards or hazardous materials. Impacts related to wildfire would be less than significant. No mitigation is required. 10. HYDROLOGY AND WATER QUALITY Would the project: Sources Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality? ☐ ☐ ☐ ☒ Page 49 of 133 CITY OF SAN LUIS OBISPO 24 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020 b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? ☐ ☐ ☐ ☒ c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would: i. Result in substantial erosion or siltation on or off site; ☐ ☐ ☐ ☒ ii. Substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or offsite; ☐ ☐ ☐ ☒ iii. Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or ☐ ☐ ☐ ☒ iv. Impede or redirect flood flows? ☐ ☐ ☐ ☒ d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation? ☐ ☐ ☐ ☒ e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? ☐ ☐ ☐ ☒ Evaluation a-e) The project does not include structural development and no ground disturbance is proposed. Extending the hours of use in the Reserve would not result in any physical changes that would have the potential to violate water quality standards, alter existing drainage patterns, result in erosion or increased run -off compared to existing conditions, impair or decrease groundwater supplies, risk release of pollutants during inundation, or conflict with a water quality control plan or sustainable groundwater management plan. Conclusion There would be no impact related to hydrology and water quality. No mitigation is required. 11. LAND USE AND PLANNING Would the project: Sources Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact a) Physically divide an established community? ☐ ☐ ☐ ☒ b) Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? ☐ ☐ ☒ ☐ Page 50 of 133 CITY OF SAN LUIS OBISPO 25 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020 Evaluation a) Passive recreational use of the Reserve would continue to occur within the existing recreational areas/trails of the Reserve. Extending the hours of use would not divide an established community and there would be no impact. b) The Reserve has an existing land use designation of Open Space and is zoned Conservation/Open Space (C/OS-20). The project does not include proposed changes to the Reserve’s land use or zoning designation. The City’s existing Open Space Regulation (Municipal Code Section 12.22) prohibits use of City open space from one hour after sunset until one hour before sunrise. The Cerro San Luis Natural Reserve Conservation Plan does not include policies related to hours of use. The project includes revisions to the City’s existing Open Space Regu lations to permanently extend the public use hours on the existing Cerro San Luis Natural Reserve trail system within City property. The hours of use would be extended to between one hour before sunrise until 8:30 PM when daylight savings time is not in effect. Public use hours when daylight savings time is in effect would remain from one hour before sunrise until one hour after sunset. With the proposed changes to the Open Space Regulations, the project would be consistent with these regulations. Therefore , extending the hours of use would not conflict with the City land use plans, policies, or regulations. Conclusion There would no impacts related to physically dividing an established community. Impacts related to conflicts with plans, policies, or regulations would be less than significant. No mitigation is required. 12. MINERAL RESOURCES Would the project: Sources Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? 1 ☐ ☐ ☐ ☒ b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? 1 ☐ ☐ ☐ ☒ Evaluation a-b) Mineral extraction is prohibited within City limits and no known regionally or locally significant mineral resources have been designated in the Reserve. Implementation of the proposed project would extend the hours of passive recreational use in the Reserve and no mineral extraction or exploration is proposed. Conclusion There would be no impacts related to mineral resources. No mitigation is required. Page 51 of 133 CITY OF SAN LUIS OBISPO 26 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020 13. NOISE Would the project result in: Sources Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact a) Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? 19 ☐ ☐ ☒ ☐ b) Generation of excessive groundborne vibration or groundborne noise levels? ☐ ☐ ☐ ☒ c) For a project located within the vicinity of a private airstrip or an airport land use plan, or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? 19, 25 ☐ ☐ ☐ ☒ Evaluation a) The project does not include building construction or ground disturbing activities which have the potential to generate construction related noise. Extending the hours of use in the Reserve could result in noise associated with vehicles within the parking area for the Reserve, or audible voices along the trails, however these sources of noise currently occur under existing baseline conditions. Amplified music is prohibited by the City’s Open Space Regulations. In accordance with the City’s Noise Element and Ordinance, the expanded hours of use in the Reserve would still occur within allowable noise generating hours (7:00 AM – 10:00 PM) and would not generate noise levels in excess of 60dB. b) The project does not include building construction or ground disturbi ng activities which have the potential to generate groundborne vibration. c) The nearest public or private airport to the Reserve is the San Luis Obispo County Regional Airport, located over two miles to the southeast. The Reserve is not located in within the airport noise level contours. Extending the hours of use in the Reserve would not subject users to excessive noise levels generated by aircrafts entering/exiting the airstrip. Conclusion Impacts related to temporary or permanent noise increases would be less than significant. There would be no impact related to groundborne vibration or exposure to excessive aviation related noise. No mitigation is required. 14. POPULATION AND HOUSING Would the project: Sources Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact a) Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? ☐ ☐ ☐ ☒ Page 52 of 133 CITY OF SAN LUIS OBISPO 27 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020 b) Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere? ☐ ☐ ☐ ☒ Evaluation a-b) Implementation of the project would extend the hours of passive recreational use in the Reserve which would not directly or indirectly induce population growth. No permanent structures or housing would be displaced as part of the project. Conclusion There would be no impact related to population and housing. No mitigation is required. 15. PUBLIC SERVICES Would the project: Sources Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: 1. Fire protection? 27, 28 ☐ ☐ ☒ ☐ 2. Police protection? 27, 28 ☐ ☐ ☒ ☐ 3. Schools? ☐ ☐ ☐ ☒ 4. Parks? ☐ ☐ ☐ ☒ 5. Other public facilities? ☐ ☐ ☐ ☒ Evaluation The City of San Luis Obispo Police Department (SLOPD) provides public safety services for the city and is comprised of 8 7.5 employees, 61 of which are sworn police officers. With the current 61 sworn officers, the current service level is a ratio of 0.84 sworn officers per 1,000 service population. The SLOPD operates out of one main police station, which is located at 1042 Walnut Street at the intersection of Santa Rosa (Highway 1) and US 101. The City of San Luis Obispo Fire Department (SLOFD) provides emergency response services for the city, including fire and medical, and is comprised of 57 full time employees. The SLOFD operates out of four fire stations in the city and both Fire Station #1 (2160 Santa Barbara Ave) and Fire Station #2 (126 North Chorro Street) are within one mile of the Reserve. Public parks and recreation trails within the city are managed and maintained by the City Department of Parks and Recreation. a)1.-a)2. The Reserve is within the service area of the City of San Luis Obispo Fire Department and Police Department and the City’s Parks and Recreation Department Ranger provides additional support and emergency service. The possibility exists that expanded hours of use during the evening could result in increased calls for service , however, under current conditions, only 1-2 calls per month are for emergency services at the Reserve. During the 3-year pilot program, only 1 call for emergency service occurred during the extended hours of use. As noted in the Project Description, the City’s Parks and Recreation Department Ranger Service personnel would provide oversight and additional patrol of the Reserve during the extended hours of use. In addition, the Cerro San Luis Natural Reserve was considered for the extended hours of use because it has access for emergency vehicles in the event of an emergency. San Luis Obispo Fire Department and Ranger Service staff were consulted on emergency access issues during selection of Cerro San Page 53 of 133 CITY OF SAN LUIS OBISPO 28 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020 Luis Natural Reserve and preparation of An Evaluation of Hours of Use for City of San Luis Obispo Open Space. The proposed project would not substantially affect service ratios or performance objectives for fire or police protection services, nor result in the need to construct new fire or police facilities. a)3. The project would increase the current hours of use of the Reserve which is intended to expand the allowable accessible open space/recreational activity in the City. In addition, as discussed in Section 14, Population and Housing, the project would not induce population growth or increase demand for parks/recreational facilities within the city, such that new facilities would be required. Access to the Reserve would be limited to existing average baseline of 65 individuals and would not increase demand for the Reserve beyond what occurs in the existing condition. a)4. As discussed in Section 14, Population and Housing, the project does not include the construction of housing and would not generate population growth. Because implementation of the project would not introduce new students to the local school districts, the project would not require new or altered school facilities and would not otherwise affect service ratios or performance objectives for schools. a)5. As discussed in Section 14, Population and Housing, the project does not include the construction of housing and would not generate population growth. Because implementation of the project would not introduce new residents to the area, the project would not require new or altered public facilities, such as libraries, and would not otherwise affect service ratios or performance objectives for public facilities. Conclusion Impacts related to fire and police services would be less than significant and there would be no impact related to environmen tal issues regarding additional parks/recreation, schools, or other public facilities. No mitigation is required. 16. RECREATION Would the project: Sources Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? 29 ☐ ☐ ☒ ☐ b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? 29 ☐ ☐ ☐ ☒ Evaluation Including the Reserve, existing City recreational facilities consist of 28 parks and recreational facilities, 10 designated natural resources and open space areas, and two bike trails. The City of San Luis Obispo General Plan Parks and Recreation Element identifies goals, policies, and programs to help plan, develop, and maintain community parks and recreation facilities. The City’s statement of overall department goals is for the City Parks and Recreation facilities and programs to enable all citizens to participate in fun, healthful, or enriching activities that enhance the quality of life in the community. a) The project would extend the hours of use within the Reserve. As discussed in Section 14, Population and Housing, the project would not generate population growth. The project would limit use of the Reserve at existing levels of 65 daily visits per day between one hour after sunset until 8:30 PM when daylight savings time is not in effect, consistent with existing conditions, thereby not increasing demand for the Reserve beyond what already occurs. The project would not result in substantial physical deterioration of the Reserve. Page 54 of 133 CITY OF SAN LUIS OBISPO 29 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020 b) The project would extend the hours of use within the Reserve. As discussed in Section 14, Population and Housing, the project would not generate population growth or increase the use of existing recreational facilities such that new or expanded facilities would be required. Conclusion Impacts related to increased use of existing recreational facilities would be less than significant. There would no impact related to new or expanded recreational facilities. No mitigation is required. 17. TRANSPORTATION Would the project: Sources Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact a) Conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? ☐ ☐ ☒ ☐ b) Conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)? ☐ ☐ ☒ ☐ c) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? ☐ ☐ ☐ ☒ d) Result in inadequate emergency access? ☐ ☐ ☒ ☐ Evaluation a-b) As discussed in the Project Description, the San Luis Obispo Open Space Survey (2015) indicated 65 individual visits represents average daily use after allowable hours until 8:30 PM. Assuming that each of those visitors arrives at the Reserve in a vehicle as a single occupant, the expected vehicle trips to the Reserve during this time are anticipated to be 65 per day, which is the existing baseline. The San Luis Obispo Open Space Survey also found that 32 percent of open space users walk, bike, or use other means of accessing open space other than driving a car. The project would limit access from one hour after sunset until 8:30 PM to the existing baseline of 65 individuals and would therefore not increase vehicle miles traveled. The project does not include any improvements that could conflict with any program, plan, ordinance or policy addressing the circulation system. c) There are no design features, incompatible uses, or other components that have the potential to increase traffic hazards or result in inadequate emergency access for vehicles. d) As discussed in the Project Description, the Cerro San Luis Natural Reserve was considered for the extended hours of use because it has access for emergency vehicles in the event of an emergency. The project would not alter the existing emergency access to the Reserve. The project would not result in significant impacts related to emergency access. Conclusion Impacts related to conflict with circulation system plans, ordinances, and policies; conflict or inconsistency with CEQA Guidelines section 15064.3(b), and inadequate emergency access would be less than significant. There would be no impacts related to hazards due to a geometric design feature. No mitigation is required. Page 55 of 133 CITY OF SAN LUIS OBISPO 30 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020 18. TRIBAL CULTURAL RESOURCES Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code Section 21074 as either a site, feature, place, or cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: Sources Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact a) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code Section 5020.1(k)? ☐ ☐ ☒ ☐ b) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1? In applying the criteria set forth in subdivision (c) of Public Resources Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe. ☐ ☐ ☒ ☐ Evaluation As of July 1, 2015, California Assembly Bill 52 of 2014 (AB 52) was enacted and expands CEQA by defining a new resource category, “tribal cultural resources.” AB 52 establishes 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” (PRC Sectio n 21084.2). It further states that the lead agency shall establish measures to avoid impacts that would alter the significant characteristics of a tribal cultural resource, when feasible (PRC Section 21084.3). PRC Section 21074 (a)(1)(A) and (B) defines tribal cultural resources as “sites, features, places, cultural landscapes, sacre d places, and objects with cultural value to a California Native American tribe” and is: 1. Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resou rces as defined in Public Resources Code section 5020.1(k), or 2. A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying these criteria, the lead agency shall consider the significance of the resource to a California Native American tribe. AB 52 also establishes a formal consultation process for California tribes regarding those resources. The consultation proces s must be completed before a CEQA document can be certified. Under AB 52, lead agencies are required to “begin consultation with a California Native American tribe that is traditionally and culturally affiliated with the geographic area of the propo sed project.” Native American tribes to be included in the process are those that hav e requested notice of projects proposed within the jurisdiction of the lead agency. California Government Code Section 65352.3 (adopted pursuant to the requirements of Senate Bill 18 [SB 18]) requires local governments to contact, refer plans to, and consult with tribal organizations prior to making a decision to adopt or amend a general or specific plan. The tribal organizations eligible to consult have traditional lands in a local government’s jurisdi ction, and are identified, upon request, by the NAHC. As noted in the California Office of Planning and Research’s Tribal Consultation Guidelines (2005), “The intent of SB 18 is to provide California Native American tribes an opportunity to participate in loca l land use decisions at an early planning stage, for the purpose of protecting, or mitigating impacts to, cultural places.” SB 18 also states that “if land designated, or proposed to be designated as open space, contains a place, feature, or object described in Sections 5097.9 and 5097.995 of the Public Resources Code, the city or county in which the place, feature, or object is located shall conduct consultations with the California Native American tribe, if any, that has given notice pursuant to Section 6509 2 for the purpose of determining the level of c onfidentiality required to protect the specific identity, location, character, or use of the Page 56 of 133 CITY OF SAN LUIS OBISPO 31 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020 place, feature, or object and for the purpose of developing treatment with appropriate dignity of the place, feature, or obje ct in any corresponding management plan.” a-b) Native American Tribes were notified about the project consistent with City and State regulations including, but not limited to, SB 18 and AB 52. The City contacted the California Native American Heritage Commission (NAHC) which supplied a list of local Native American individuals and/or groups with interests and knowledge about the area in August 2021. The City sent tribal consultation letters to tribes that had previously requested consultation and to the NAHC list. The letters were sent out via certified mail and e-mail in 2021 on July 30, August 2, and August 3. The tribes that were contacted included the Santa Ynez Band of Mission Indians; Barbareño/Ventureño Band of Mission Indians; Salinan Tribe of San Luis Obispo, Monterey, and San Benito Counties; Xolon-Salian Tribe; yak tityu yak tiłhini – Northern Chumash Tribe; Torres Martinez Desert Cahuilla Indians; Chumash Council of Bakersfield; Coastal Band of the Chumash Nation; San Luis Obispo County Chumash Council; Northern Chumash Tribal Council; and Tule River Indian Tribe. The City received a total of four responses from contacts at the aforementioned list of tribes. Contacts from the Santa Ynez Band of Mission Indians and Barbareño/Ventureño Band of Mission Indians declined any further consultation. A response from the Northern Chumash Tribal Council indicated that no further consultation is requested however they were in general opposition to the project. The yak tityu yak tiłhini – Northern Chumash Tribe did not request consultation, but suggested signage be provided that states wildlife should not be disturbed if encountered. Since no tribes have requested formal consultation in accordance with SB and AB 52 and since there is no evidence of tribal cultural resources that would be affected at the site, the project would not result in a significant impact on tribal cultural resources. Conclusion Impacts related to tribal cultural resources would be less than significant. No mitigation is required. 19. UTILITIES AND SERVICE SYSTEMS Would the project: Sources Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact a) Require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? ☐ ☐ ☐ ☒ b) Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry, and multiple dry years? ☐ ☐ ☐ ☒ c) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? ☐ ☐ ☐ ☒ d) Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? ☐ ☐ ☒ ☐ e) Comply with federal, state, and local management and reduction statutes and regulations related to solid waste? ☐ ☐ ☒ ☐ Page 57 of 133 CITY OF SAN LUIS OBISPO 32 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020 Evaluation a-c) The proposed project does not include structural development which would require water, wastewater, electricity, natural gas, or telecommunications infrastructure. d-e) Extending the hours of use in the Reserve would not increase solid waste/trash generation. Trash generated by trail users would be disposed of in City provided trash enclosures within the Reserve. This minor amount of solid waste would be similar that being generated in the existing condition and would not exceed capacities of local infrastructure. Solid waste disposal services provided by San Luis Garbage would continue to comply with all local, state, federal regulations. Conclusion There would be no impact related to water/water supply, wastewater treatment, storm water drainage, electric power, natural gas, or telecommunications facilities. Impacts related to solid waste would be less than significant. No mitigation is required. 20. WILDFIRE If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project: Sources Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact a) Substantially impair an adopted emergency response plan or emergency evacuation plan? 30 ☐ ☐ ☒ ☐ b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? 30 ☐ ☐ ☒ ☐ c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? 30 ☐ ☐ ☐ ☒ d) Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? 30 ☐ ☐ ☒ ☐ Evaluation a-b) The project does not include any structural development or habitable structures and the Reserve is not located in a Very High Fire Hazard Severity Zone. Specifically, the project site is located within an area designated as Moderate Fire Hazard Risk. As discussed in Section 8, Hazards and Hazardous Materials, there are no designated emergency response or emergency evacuation routes through the Reserve; therefore, the project would not substantially impair any adopted emergency response or evacuation plan. Passive recreational use of the Reserve is intermittent and temporary, and extending the hours of use in the Reserve would not directly or indirectly expose users to significant wildfire risk, wildfire created hazards, or exacerbate wildfire hazards within an area classified as a very high fire hazard severity zone. c) The project does not include the installation or maintenance of infrastructure that could exacerbate fire risk. Page 58 of 133 CITY OF SAN LUIS OBISPO 33 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020 d) The project site is primarily surrounded by open space and rural land, does not include any structural development or habitable structures, and is not located in a Very High Fire Hazard Severity Zone. The project does not include any grading, construction, vegetation removal activities, or drainage changes. Expanded hours of passive recreational use of the Reserve would not expose people or structures to significant risks as a result of runoff, post -fire slope instability, or drainage changes. Based on existing use of the Reserve, and the authority of the Parks and Recreation Director to close City Open Space during rain events and thereafter, potential impacts would be less than significant. Conclusion Impacts related to impairment of an emergency response plan or emergency evacuation plan and exacerbation of wildfire risk would be less than significant. There would be no significant impacts related to exacerbation of wildfire risk from installation or maintenance of infrastructure or exposure of people or structures to significant risks as a result of runoff, post -fire slope instability, or drainage changes. No mitigation is required. 21. MANDATORY FINDINGS OF SIGNIFICANCE Sources Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact a) Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? ☐ ☐ ☒ ☐ As described in Section 4, Biological Resources, the project site was previously developed and project implementation would have less than significant impacts to biological resources. The project would not impact wildlife habitats or cause wildlife populations to drop below self-sustaining levels. Additionally, Section 5, Cultural Resources, explains that the project would not adversely affect any historic or archeological resources. Impacts would be less than significant. Sources Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past p rojects, the effects of other current projects, and the effects of probable future projects)? ☐ ☐ ☒ ☐ Page 59 of 133 CITY OF SAN LUIS OBISPO 34 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020 The Cerro San Luis Natural Reserve is the only City of San Luis Obispo open space property (out of 14) proposed for expanded winter hours of use. As described in Sections 1 through 20 of this Initial Study, the project would have no impacts or less than significant impacts. These include short-term, long-term, and where appropriate, cumulative impacts. As discussed in Section 3, Air Quality and Section 8, Greenhouse Gas Emissions, implementation of the project would not generate new pollutant emissions, therefore the project would not contribute to cumulative air quality or greenhouse gas emission impacts. As discussed in Section 13, Noise, the project would not generate noise levels in excess of local standards; therefore, the project would not contribute to cumulative increases in noise. As discussed in Section 17, Transportation, the number of operational vehicle trips generated by the project would be consistent with those under existing conditions and the project would not contribute to cumulative transportation related impacts. As described in Section 4, Biological Resources, the project site was previously developed and project implementation would have less than significant impacts to biological resources. The project would not impact wildlife habitats or cause wildlife populations to drop below self-sustaining levels. As mentioned above, the Cerro San Luis Natural Reserve is the only City of San Luis Obispo open space property (out of 14) proposed for expanded winter hours of use and the Reserve is surrounded by similar natural and open space areas, including Irish Hills Natural Reserve and the Los Padres National Forest. The project would not considerably contribute to cumulative effects to biological resources as it does not build upon the effects of past proje cts or projects within the foreseeable future. Certain resource areas (e.g., agricultural and mineral) were determined to have no impact in comparison to existing conditions. Therefore, the project would not contribute to cumulative impacts related to these issues. Other issues (e.g., archaeological and paleontological resources, geology and soils, and hazards and hazardous materials) are by their nature project-specific and impacts at one location do not add to impacts at other locations or create additive impacts. In addition, the proposed projec t would not generate population growth or construct habitable structures; therefore, it would not contribute to any cumulative increases in demand for public services, or utilities such as water, wastewater, and solid waste service. The project ’s contribution to cumulative impacts would not be cumulatively considerable and cumulative impacts of the proposed project would be less than significant. Sources Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? ☐ ☐ ☒ ☐ In general, and as analyzed in this Initial Study, impacts to human beings are associated with air quality contaminants, haza rds related to adverse geologic conditions, exposure to hazards and hazardous materials, and excessive noise. As detailed in anal yses in Section 3, Air Quality, Section 7, Geology and Soils, Section 9, Hazards and Hazardous Materials, Section 10, Hydrology and Water Quality, and Section 13, Noise, the proposed project would not result, either directly or indirectly, in substantial adverse effects related to these hazards. Compliance with applicable rules and regulations, as described throughout this Initial Study would reduce potential impacts on human beings to a less than significant level. 22. EARLIER ANALYSES Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or Negative Declaration. Section 15063 (c) (3) (D). In this case a discussion should identify the following items: a) Earlier analysis used. Identify earlier analyses and state where they are available for review. On January 16, 2018, the City Council approved Resolution 10858, which authorized a two -year pilot program and adopted a Mitigated Negative Declaration (MND) to expand the hours of use at the Reserve until 8:30 PM during the winter when daylight Page 60 of 133 CITY OF SAN LUIS OBISPO 35 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020 savings time is not in effect.6,7 The pilot program allowed the City to issue up to 65 permits daily for access to approximately 4.9 miles of trails within City property within the Cerro San Luis Natural Reserve from one hour after sunset until 8:30 PM when daylight savings time is not in effect. On November 17, 2020, the City approved a one-year extension of the pilot program and adopted an Addendum to the 2018 MND. The analysis provided in this Initial Study has been prepared and provided independent of the previous MND. No tiering or incorporation/refinement of previous mitigation measures have been applied. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. See Response in Checklist Item 22a. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions of the project. See Response in Checklist Item 22a. 23. SOURCE REFERENCES 1. City of San Luis Obispo Conservation & Open Space Element (COSE), 2006 2. California Department of Conservation, Farmland Mapping and Monitoring Program, http://www.conservation.ca.gov/dlrp/fmmp/ (retrieved August 2021) 3. San Luis Obispo Air Pollution Control District, County Attainment Status, 2021 4. San Luis Obispo County Air Pollution Control District CEQA Air Quality Handbook, April 2012 (revised November 2017) 5. San Luis Obispo County Air Pollution Control District Clean Air Plan, December 2001 6. Cerro San Luis Natural Reserve Conservation Plan; City of San Luis Obispo, 2005 7. Terre Verde Environmental Consulting, LLC. 2017. Summary and Results of Wildlife Surveys at Cerro San Luis Natural Reserve, City of San Luis Obispo, California. 8. Terre Verde Environmental Consulting, LLC. 2019. Summary and Results of Wildlife Surveys at Cerro San Luis Natural Reserve, City of San Luis Obispo, California. 9. Terre Verde Environmental Consulting, LLC. 2021. Summary and Results of Wildlife Surveys at Cerro San Lu is Natural Reserve, City of San Luis Obispo, California. 10. Larson, C.L., S.E. Reed, A.M. Merenlender, K.R. Crooks. 2016. Effects of Recreation on Animals Revealed as Widespread through a Global Systematic Review. PLOS One. 11. ERO Resources Corporation. 2012. Nighttime Access Management White Paper Analysis. April. 12. California Department of Fish and Wildlife. 2021. California Natural Diversity Database. Rarefind V. Accessed August 2021. 13. California Department of Fish and Wildlife. 2021. List of Sensitive Natural Communities. Access August 2021. 14. California Department of Fish and Wildlife. 2021. Special Animals List. Biogeographic Data Branch, California Natural Diversity Database. July 2021. 15. California Native Plant Society. 2021. Inventory of Rare and Endangered Plants. V.7 -08c-Interim 8-22-02. Updated online and accessed via: www.rareplants.cnps.org. Accessed August 2021. 16. United States Fish and Wildlife Service. 2021. Information for Planning and Consultation online Project planning tool. Available at: https://ecos.fws.gov/ipac/. Accessed August 2021. 17. Western Bat Species. 2021. Western Bat Working Group. Access at http://wbwg.org/western-bat-species/ August 2021. 6 The City Council agenda and minutes for January 16, 2019 are available on -line at: http://opengov.slocity.org/WebLink/DocView.aspx?id=70277&dbid=0&repo=CityClerk 7 The MND is available online at: https://ceqanet.opr.ca.gov/Project/2017091049 Page 61 of 133 CITY OF SAN LUIS OBISPO 36 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020 18. Department of Conservation, Earthquake California Earthquake Hazards Zone Application, 2019 19. City of San Luis Obispo Safety Element, 2014 20. County of San Luis Obispo, Safety Element, 1999 21. City of San Luis Obispo Climate Action Plan, August 2020 22. United States Environmental Protection Agency, Enviromapper for Envirofacts, 2021 23. Department of Toxic Substances Control, EnviroStor, 2021 24. State Water Resources Control Board, Geotracker, 2021 25. County of San Luis Obispo, Amended and Restated San Luis Obispo County Regional Airport (SBP) Airport Land Use Plan, 2021 26. City of San Luis Obispo Noise Element, 1996 27. City of San Luis Obispo. General Plan Annual Report. 2020. 28. San Luis Obispo, City of. An Evaluation of Hours of Use for City of San Luis Obispo Open Space. 2017. 29. City of San Luis Obispo General Plan Parks and Recreation Element, 2001 30. CalFIRE, Fire Hazard Severity Zones Maps. 2021. 31. Riggs, et al. San Luis Obispo Open Space Survey. 2015. 32. San Luis Obispo, City of. City of San Luis Obispo Winter Evening Access, Pilot Program Statistics. 2021. 33. San Luis Obispo, City of. Conservation Guidelines for the City of San Luis Obispo . 2002. Page 62 of 133 Rincon Consultants, Inc. 1530 Monterey Street, Suite D San Luis Obispo, California 93401 805 547 0900 info@rinconconsultants.com www.rinconconsultants.com E n v i r o n m e n t a l S c i e n t i s t s P l a n n e r s E n g i n e e r s October 28, 2021 Project No: 21-11245 Robert Hill, Natural Resources Manager City of San Luis Obispo, Administration Department, Office of Sustainability, Natural Resources 990 Palm Street San Luis Obispo, California 93401 Via email: rhill@slocity.org Subject: Open Space Winter Evening Hours of Use at Cerro San Luis Natural Reserve: Response to Public Comments Dear Mr. Hill: The purpose of this memorandum is to provide responses to public comments received on the Open Space Winter Evening Hours of Use at Cerro San Luis Natural Reserve Project (proposed project) prior to the October 19, 2021 City Council Hearing. This memorandum focuses on issues related to the analysis in the Initial Study-Negative Declaration (IS-ND) prepared for the project, such as the California Environmental Quality Act (CEQA) baseline, use and access, erosion, as well as other issue areas such as aesthetics, forestland, and recreation. Biological-related comments are addressed in a separate memorandum. Background The City of San Luis Obispo’s (City’s) Open Space Regulations (Municipal Code Section 12.22) allow for passive recreation on the City’s publicly accessible trail system, including Cerro San Luis Natural Reserve, from one hour before sunrise until one hour after sunset. The City is proposing to implement the Open Space Winter Evening Hours of Use at Cerro San Luis Natural Reserve Project, which would revise the City’s existing Open Space Regulations (San Luis Obispo Municipal Code, Chapter 12.22) to permanently extend the public use hours on the existing Cerro San Luis Natural Reserve trail system within City property (approximately 4.9 miles of trails). The hours of use would be extended to between one hour before sunrise until 8:30 PM when daylight savings time is not in effect. Public use hours when daylight savings time is in effect would remain from one hour before sunrise until one hour after sunset. During the extended hours of use, access and public parking would be provided along Fernandez Road. During the winter seasons of 2018-2019 (November 4 to March 10), 2019-2020 (November 3 to March 8), and 2020-2021 (November 1 to March 14), the City implemented a 3-year pilot program, which expanded the hours of use at the Reserve until 8:30 PM when daylight savings time was not in effect. This pilot program was approved after the adoption of a Mitigated Negative Declaration prepared to analyze the environmental impacts of the program. The pilot program allowed the City to issue up to 65 permits daily for access to trails within City property within the Cerro San Luis Natural Reserve during Page 63 of 133 City of San Luis Obispo Open Space Winter Evening Hours of Use at Cerro San Luis Natural Reserve Page 2 the expanded hours of use. The purpose of the pilot program was to develop a permitting system to limit access to the trail and to allow for an extended period of study of the human use and wildlife use during the extended hours before the City Council considers permanently implementing a program to allow for extended hours of use. The proposed project would permanently extend the public use hours on the existing Cerro San Luis Natural Reserve trail system within City property. Access would be limited to 65 individuals daily during the extended hours via a permit system. An IS-ND was prepared for the project and was circulated for a 30-day public review period from September 10, 2021 through October 11, 2021. No public comments were received on the IS-ND. However, several public comments were received after the close of the public review period, prior to the October 19, 2021 City Council hearing. Responses to issues raised in the public comment letters are detailed below. CEQA Baseline Some public commenters questioned the baseline that was established in the IS-ND and state that the baseline should not account for the past illegal use that has been occurring in the winter evening hours, outside of the allowable hours established in the City’s Open Space Regulations. Pursuant to CEQA, the impacts of a proposed project must be evaluated by comparing expected environmental conditions after project implementation to conditions at a point in time referred to as the baseline. The changes in environmental conditions between the baseline and implementation of the project represent the environmental impacts of the proposed project. Section 15125(a)(1) of the California Environmental Quality Act (CEQA) Guidelines states that an environmental document “should include a description of the physical environmental conditions in the vicinity of the project, as they exist at the time the notice of preparation is published, or if no notice of preparation is published, at the time environmental analysis is commenced.” Section 15125(a) states that this approach “normally constitute[s] the baseline physical conditions by which a lead agency determines whether an impact is significant.” While the baseline of a project is often established as the existing conditions at the time the environmental analysis was commenced, CEQA allows the City as the CEQA lead agency the discretion on how to establish the baseline. Communities for a Better Environment v. South Coast Air Quality Management District (Tesoro Refining and Marketing Company, LLC, Real Party in Interest) (2d Dist. 2020) 47 Cal.App.5th 588 confirms that CEQA lead agencies can use their discretion to determine a baseline as long as they justify and provide support on the selection of the baseline. This case specifically states: The agency must select a baseline based on actual conditions rather than hypothetical possibilities. There is, however, no single fixed method for measuring actual conditions. Measuring peak impacts can be appropriate under the right circumstances. The agency enjoys discretion to decide how best to measure actual conditions. Courts will review that choice for support from substantial evidence. An environmental impact report cannot, without explanation, present inconsistent and contradictory information on an important issue, or else it will fail on review. (Citing Communities for a Better Environment v. South Coast Air Quality Management Dist. (2010) 48 Cal.4th 310 (“ConocoPhillips”); Neighbors for Smart Rail v. Exposition Metro Line Construction Authority (2013) 57 Cal.4th 439; Communities for a Better Environment v. City of Richmond (2010) 184 Cal.App.4th 70; Rodeo Citizens Assn. v. County of Contra Costa (2018) 22 Cal.App.5th 214.) Page 64 of 133 City of San Luis Obispo Open Space Winter Evening Hours of Use at Cerro San Luis Natural Reserve Page 3 Preparation of the IS-ND for the proposed project was commenced in July 2021. The CEQA baseline was established as of July 2021, when the environmental analysis was initiated. However, the CEQA baseline also includes the conditions under the City’s current Open Space Ordinance, which limits passive recreation on the Cerro San Luis Reserve to one hour before sunrise to one hour after sunset. As discussed further below, existing daily use in the winter evening hours with the Open Space Ordinance in effect was documented as an average of 65 individuals. The baseline for the proposed project was established based on available data that documented the use of the trail system within the City that occurs with the existing Open Space Regulations in effect. The baseline is supported by data and actual observations collected as part of the San Luis Obispo Open Space Survey (Riggs et al. 2015) during similar winter evening hours as proposed for evening use by the proposed project. According to the San Luis Obispo Open Space Survey, use of Cerro San Luis Reserve averaged approximately 800 visitors per day during between December 2014 and March 2015. The average daily use between the hours of 6:00 PM and 9:00 PM was 65 individuals, despite the City’s existing Open Space Regulations provision that open space is closed one hour after sunset. Between 2018-2021, the pilot program also limited access to 65 individuals from one hour after sunset until 8:30 PM when daylight savings time is not in effect. Because past use of Cerro San Luis Reserve has been documented as an average of 65 individuals during the hours of 6:00 PM and 9:00 PM during the winter months, despite the City’s existing Open Space Regulation provision that open space is closed one hour after sunset, this existing use was established as the baseline. Characterizing the baseline where the existing conditions (either on-site physical conditions or operations) are the result of illegal activity, including activity inconsistent with existing permits, was addressed in Fat v. County of Sacramento (2002), 97 Cal.App.4th 1270 . The court (citing Riverwatch v. County of San Diego (1999) 76 Cal.App.4th 1428) noted that the preparation of a CEQA document is not a forum for determining the nature and consequences of the prior illegal conduct that occurred without a permit. The court stated there is no legislative or regulatory directive requiring the County to establish a baseline as an earlier time prior to the illegal operations (citing Bloom v. McGurk [1994]). Lead agencies must evaluate impacts against actual conditions existing at the time of CEQA review and are not expected to “turn back the clock” and evaluate impacts compared to a baseline condition that predates illegal activity. The baseline of 65 individuals was established as the actual use that has been occurring on the Cerro San Luis trail system in the winter evening hours despite the restrictions prohibiting use during those hours. The baseline is supported by historic data collected by the City in cooperation with the California Polytechnic State University at San Luis Obispo (CalPoly). As such, pursuant to CEQA, the City is not advised to establish use of the trail based on the assumption that no use of the trail is currently occurring in the winter evening hours since it has been documented that use is occurring, even though the use is not in compliance with existing City regulations prohibiting use one hour after sunset. Use and Access Public commenters expressed concerns about the scope of the proposed project. The proposed project would extend hours of use at the 118-acre of Cerro San Luis Natural Reserve within the City of San Luis Obispo when daylight savings time is not in effect. Public access to the trail and public parking during the extended hours would be limited to Fernandez Road, which is an existing access point to Cerro San Luis Natural Reserve. Some commenters expressed the concern that trail users would access other areas of Page 65 of 133 City of San Luis Obispo Open Space Winter Evening Hours of Use at Cerro San Luis Natural Reserve Page 4 the Cerro San Luis Natural Reserve that are outside of City control, or access the trails from trespassing at other access points. During the extended hours, the project would only allow for use to the City-controlled trails within Cerro San Luis Natural Reserve and would only allow for access from Fernandez Road. Visitors would be required to obtain a permit in order to utilize the City-controlled trails during the evening winter hours. Visitors not abiding by the established rules and regulations would be subject to fines. The City would provide permit applicants with information and educational materials during the application process. These materials would re-iterate the City’s rules and regulations in effect, including that visitors would be required to stay on established trails within City-limits and only access the trails via Fernandez Road during evening hours of use. Permit applicants would be required to acknowledge receipt and confirm understanding of the rules and regulations prior to receiving the permit. A ranger would be stationed at the trailhead and would periodically patrol the trails to ensure trail users have the required permit and abide by the established rules and regulations. The amount of trespassing occurring on private lands outside of the permitted trail system under existing and post-project conditions would be speculative and beyond the purview of CEQA. However, the proposed project would limit the number of trail users to the existing baseline of 65 individuals per evening. As such, the project would not increase use of the trail system beyond that already occurring in the existing conditions. In addition, the project would not encourage trespassing on private land. As stated above, illegal activity such as trespassing is subject to fines. In addition, it is the responsibility the land-owner to report any trespassing on their private property to the City and police department. The project would limit use to the City-owned trails and would limit access from Fernandez Road. The proposed project includes additional controls to limit use to the City-owned trails, which include educating trail users on the rules and regulations and the access points and trail systems allowed to be utilized during the extended hours. Additionally, there are no known plans at this time to open additional trails within or outside the City’s jurisdiction for night-time use. Therefore, the project would not encourage or increase the likelihood that trail users would disregard the rules and regulations or trespass on private property. Other Issue Areas Public comments also raised issues related to other environmental topics, including aesthetics, forestland, erosion, and recreation. Comments questioned the conclusion that the project would have less than significant impacts related to light and glare. As stated in the IS-ND, hikers and bikers would utilize flashlights, headlamps, or mounted lighting equipment; however, the visibility would be distant, intermittent, and in short duration and would be similar to that occurring in the existing condition. The aesthetic section of the IS-ND focuses on impacts to humans from public vantage points. The comments received are related to potential impacts to biological resources from additional lighting, which were addressed in the biological resources section of the IS-ND and do not change the impact conclusion in the aesthetic section, that light and glare impacts to public views would be less than significant. Public comments on effects of light on wildlife are addressed in the Response to Public Comments Relating to Biological Resources memorandum prepared by Rincon Consultants Inc. dated October 28, 2021. Comments received disagreed with the characterization of the project site as Grazing Land due to the trees present on the site. Comments received also disagreed with the conclusion that the project would not result in the loss of forestland or conversion of forest land to non-forest use. The designation of “Grazing Land” is made by the California Department of Conservation as part of their Farmland Mapping Page 66 of 133 City of San Luis Obispo Open Space Winter Evening Hours of Use at Cerro San Luis Natural Reserve Page 5 and Monitoring Program (FMMP). Although coast live oak woodland and introduced trees are present within the reserve, the site is not zoned as forest land. In addition, the project does not propose tree removal or changes in land use. Therefore, the project would not conflict with existing zoning for, or cause rezoning of, forest land, and would not result in the loss of forest land or conversion of forest land to non-forest use. Comments raised concerns regarding existing erosion and deterioration of the local greenbelt, open spaces, and parks by mountain bike use. Erosion and deterioration of open space by mountain bikes that may already be occurring is beyond the scope of the proposed project and the IS-ND. The project would allow for up to 65 permits per evening during the extended hours of use. During the three-year pilot program, 10.6 percent of the permits were issued for mountain biking, which equates to approximately 7 bicyclists per evening. However, this use would be similar to that already occurring in the existing condition and would not result in substantial erosion or loss of topsoil or substantial physical deterioration of the trails. As concluded in the IS-ND, impacts related to these topics would be less than significant. Conclusion Based upon review of public comments received, no new information was provided that requires revisions to the analysis in the IS-ND. Sincerely, Rincon Consultants, Inc. Nicole West Richard Daulton, MURP Supervising Environmental Planner/Project Manager Principal/Vice President Page 67 of 133 Page 68 of 133 Rincon Consultants, Inc. 1530 Monterey Street, Suite D San Luis Obispo, California 93401 805 547 0900 info@rinconconsultants.com www.rinconconsultants.com E n v i r o n m e n t a l S c i e n t i s t s P l a n n e r s E n g i n e e r s November 1, 2021 Project No: 21-11245 Robert Hill, Natural Resources Manager City of San Luis Obispo, Administration Department, Office of Sustainability, Natural Resources 990 Palm Street San Luis Obispo, California 93401 Via email: rhill@slocity.org Subject: Open Space Winter Evening Hours of Use at Cerro San Luis Natural Reserve: Response to Public Comments Relating to Biological Resources Dear Mr. Hill: The purpose of this memorandum is to provide responses to public comments received on the Open Space Winter Evening Hours of Use at Cerro San Luis Natural Reserve Project (proposed project) within less than 48 hours prior to the October 19, 2021 City Council Hearing. This memorandum focuses on issues related to biological resources. The issues regarding the California Environmental Quality Act (CEQA) baseline, use and access, and other issue areas are addressed in a separate memorandum prepared by Rincon Consultants, Inc. dated October 28, 2021. Background The City of San Luis Obispo’s (City’s) Open Space Regulations (Municipal Code Section 12.22) allow for passive recreation on the City’s publicly accessible trail system, including Cerro San Luis Natural Reserve, from one hour before sunrise until one hour after sunset. The City is proposing to implement the Open Space Winter Evening Hours of Use at Cerro San Luis Natural Reserve Project, which would revise the City’s existing Open Space Regulations (San Luis Obispo Municipal Code, Chapter 12.22) to permanently extend the public use hours on the existing Cerro San Luis Natural Reserve (Reserve) trail system within City property (approximately 4.9 miles of trails). The hours of use would be extended to between one hour before sunrise until 8:30 PM when daylight savings time is not in effect. Public use hours when daylight savings time is in effect would remain from one hour before sunrise until one hour after sunset. During the extended hours of use, access and public parking would be provided along Fernandez Road. During the winter seasons of 2018-2019 (November 4 to March 10), 2019-2020 (November 3 to March 8), and 2020-2021 (November 1 to March 14), the City implemented a 3-year pilot program, which expanded the hours of use at the Reserve until 8:30 PM when daylight savings time was not in effect. This pilot program was approved after the adoption of a Mitigated Negative Declaration prepared to analyze the environmental impacts of the program. The pilot program allowed the City to issue up to 65 permits daily for access to trails within City property within the Cerro San Luis Natural Reserve during the expanded hours of use. The purpose of the pilot program was to develop a permitting system to Page 69 of 133 City of San Luis Obispo Open Space Winter Evening Hours of Use at Cerro San Luis Natural Reserve Page 2 limit access to the trail and to allow for an extended period of study of the human use and wildlife use during the extended hours before the City Council considers permanently implementing a program to allow for extended hours of use. The proposed project would permanently extend the public use hours on the existing Cerro San Luis Natural Reserve trail system within City property. Access would be limited to 65 individuals daily during the extended hours via a permit system. An Initial Study – Negative Declaration (IS-ND) was prepared for the project and was circulated for a 30- day public review period from September 10, 2021 through October 11, 2021. No public comments were received on the IS-ND. However, several public comments were received after the close of the public review period, prior to the October 19, 2021 City Council Hearing. Responses to biologically related issues raised in the public comment letters are detailed below. Biological Resources Public comments received after the close of the public review period expressed concern regarding the effects of the project on biological resources, including the effects of lighting and noise on wildlife and its breeding behavior and impacts to wildlife refugia1 and riparian habitat. The public comments cited one peer reviewed scientific article and one collection of peer reviewed articles (Senzaki et al. 2020 and California Natural Resources Agency and Department of Fish and Wildlife 2020). These articles were reviewed for relevancy and applicability to the proposed project. Senzaki et al. focuses on the effects of light and noise on nesting birds and the collection of articles published by the California Natural Resources Agency and Department of Fish and Wildlife focuses on the effects of recreation, including non-consumptive recreation (i.e., outdoor activities not including fishing and hunting) and changes in recreational use (e.g., wildlife abundance before and after opening a park) on wildlife. Although the articles cited above illustrate that recreational use and changes in recreational use may negatively affect wildlife, the analysis of the effects to biological resources in the IS-ND was conducted under the assertion that the proposed project would not result in a substantial change in use of the Reserve, as the project by definition and description, would not depart from the established baseline of use and visitation (see separate CEQA memorandum). Pursuant to CEQA, the impacts of a proposed project must be evaluated by comparing expected environmental conditions after project implementation to conditions at a point in time referred to as the baseline. The changes in environmental conditions between the baseline and implementation of the project represent the environmental impacts of the proposed project. Although affects to biological resources as a result of the project would be less than significant under CEQA, based on no change from the baseline, we herein provide clarity to the concerns raised by public commentors. Effects of Light and Noise on Biological Resources Public comments were received that raised concerns about the effects of light and noise on wildlife at the Reserve and stated the City does not have any experimental evidence to demonstrate that wildlife is habituated to these stimuli. Public comments also cited a study by Senzaki et al. (2020) to illustrate that light and noise pollution affects wild bird populations. 1 Refugio refers to a location that wildlife may utilize to escape danger or adverse weather conditions. Page 70 of 133 City of San Luis Obispo Open Space Winter Evening Hours of Use at Cerro San Luis Natural Reserve Page 3 The IS-ND acknowledges that light and noise likely affects wildlife at the Reserve. However, the study by Senzaki et al. uses citizen science to focus on the effects of general anthropogenic light and noise pollution on birds nesting success during spring and summer, rather than acute light and noise (i.e., headlamps and human presence) during the winter when birds are not typically nesting. The City has had personal communication with one the article’s authors, Dr. Clinton D. Francis, who asserted that the article is being cited out of context in this case. Based on his experience, the effects of headlamps and noise from up to 65 people per night at the Reserve would be negligible when considering the ambient light and noise from the adjacent Highway 101, City of San Luis Obispo, and nearby California Men’s Colony and Cal Poly (pers. comm. R. Hill, City of San Luis Obispo, February 8, 2021). While the City has not prepared a scientific study to determine the level of habituation of wildlife to anthropogenic light and noise, anecdotal evidence from the pilot study has shown that wildlife readily utilizes the Reserve while night hiking and cycling has been occurring (Terra Verde 2017, 2019, 2021). As pointed out in the comment letter, there has been anecdotal testimony from residences near the Reserve who have observed California mountain lion (Puma concolor) in backyards, illustrating that such wildlife is likely habituated to human presence. Further, studies have shown that wildlife can readily habituate to human presence. For example, the federally and State listed San Joaquin kit fox (Vulpes macrotis mutica) readily inhabit and reproduce in urban environments, where natal dens have been observed in city golf courses, railroad right-of-ways, under portable classrooms at schools, etc. (Cypher et al. 2012). Refugia Public comments included concerns that hikers and cyclists utilizing the Reserve will not stick to using the existing trails and claiming that users were intentionally using lights to flush out wildlife. Our analysis is based on the established baseline of use and, by definition, includes the occasional deviation from the rules of the Reserve, because it was likely occurring prior to the pilot study. Considering the type, amount, and locations of vegetation and burrows within the Reserve and the extent of natural areas (88.3 acres of the 118-acre Reserve) excluding existing trails and an associated 25-foot buffer area from centerline for the existing trails (29.7 acres = 25,872 feet x 50 feet) on the Reserve, wildlife has ample opportunity to escape to refugia. Open grassland habitat that could be traversed by off-trail hikers or cyclists contains numerous burrows that could be used as refugia for wildlife. Additionally, the Reserve contains dense scrub habitat and Opuntia (cactus) scrub, both of which are thick and/or impenetrable for visitors to traverse. This vegetation would provide opportunities for wildlife to avoid harm. Breeding Wildlife Public comments included concerns that nighttime use could interfere with special and common wildlife species’ breeding behavior. Additionally, comments noted that the proposed duration of the extended hour season overlapped with the breeding seasons as presented in the IS-ND. The IS-ND acknowledges that hikers and cyclists likely affect wildlife behavior, including breeding behavior. However, the season of the extended hour use would occur outside of the peak breeding season for the majority of the wildlife that occupies the Reserve. Table 1 presented in the Biological Page 71 of 133 City of San Luis Obispo Open Space Winter Evening Hours of Use at Cerro San Luis Natural Reserve Page 4 Resources section of the IS-ND provides the general reproduction seasons of sensitive biological resources that may occupy the Reserve. While the extended hours season may overlap with the beginning of nesting bird and bat maternity season, any individuals starting to nest or roost would presumably be doing so despite the existing level of usage by patrons and the already elevated ambient levels of light and noise, and nest abandonment would likely not be attributed to night use. Breeding San Diego woodrat (Neotoma lepida intermedia) individuals would be unlikely to be affected by nighttime hikers as the observed nests were located far off established trails and as presented above, in impenetrable vegetation such as dense woody scrub habitat and Opuntia scrub dominated by cactus. Riparian Habitat Public comments indicated concern that riparian habitat downstream of the drainages present in the Reserve could be impacted by the additional use. The Reserve does not contain riparian habitat. The drainages present on the Reserve are ephemeral and primarily incised into bedrock that does not easily erode or convey substantial amounts of sediment. Further, the trails and drainages in the Reserve are traversed all day by hikers and cyclists and 65 hikers or cyclists would not result in significant impacts or sedimentation to the ephemeral drainages and therefore, would not contribute greatly to downstream adverse affects on water quality. Further, nighttime use, as defined by the baseline, has been ongoing and would not change as a result of the proposed project. Conclusion Based upon review of public comments received and review of the cited peer reviewed articles, no new information was provided that requires revisions to the analysis in the IS-ND. Sincerely, Rincon Consultants, Inc. Kyle Weichert, M.S. Colby J. Boggs, M.S. Senior Biologist/Project Manager Principal/Senior Ecologist References California Natural Resources Agency and Department of Fish and Wildlife. 2020. California Fish and Wildlife, Recreation Special Issue. Cypher, B., C. Van Horn Job, and S. Phillips. 2012. Conservation Strategies for San Joaquin Kit Foxes in Urban Environments. Endangered Species Recovery Program. January 16. Page 72 of 133 City of San Luis Obispo Open Space Winter Evening Hours of Use at Cerro San Luis Natural Reserve Page 5 Senzaki, M., J.R. Barber, J.N. Phillips, N.H. Carter, C.B. Cooper, M.A. Ditmer, K.M. Fristrup, C.J.W. McClure, D J. Mennitt, L.P. Tyrrell, J. Vukomanovic, A.A. Wilson, and C.D. Francis. 2020. Sensory pollutants alter bird phenology and fitness across a content. Nature. November. Terre Verde Environmental Consulting, LLC. 2021. Summary and Results of Wildlife Surveys at Cerro San Luis Natural Reserve, City of San Luis Obispo, California. Terre Verde Environmental Consulting, LLC. 2019. Summary and Results of Wildlife Surveys at Cerro San Luis Natural Reserve, City of San Luis Obispo, California. Terre Verde Environmental Consulting, LLC. 2017. Summary and Results of Wildlife Surveys at Cerro San Luis Natural Reserve, City of San Luis Obispo, California. Wilson, A.A., M.A. Ditmer, J.R. Barber, N.H. Carter, E.T. Miller, L.P. Tyrrell, and C.D. Francis. 2021. Artificial night light and anthropogenic noise interact to influence bird abundance over a continental scale. Global Change Biology. April. Page 73 of 133 Page 74 of 133