HomeMy WebLinkAboutO-1702 amending Title 12 (Streets Sidewalks and Public Places) and Chapter 12.22 (Open Space Regulations) to allow a special program for winter evening hours of use at Cerro San Luis Natural RO 1702
ORDINANCE NO. 1702 (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 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
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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 No. 11287 (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 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:
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.
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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) (2020) 47 Cal.App.5th 588].
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
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
No. 11287 (2021 Series) adopted on November 19, 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,
provided that no amendment of such Resolution shall expand the number of
permits issued, operational hours, location, or scope of the program. All other
provisions of the Open Space Regulations contained in this Chapter 12.22 shall
remain in effect.
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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 9th day of November 2021, AND FINALLY ADOPTED by
the Council of the City of San Luis Obispo on the 15th day of November 2021, on the
following vote:
AYES: Council Member Pease, Shoresman, and Mayor Stewart
NOES: Council Member Marx and Vice Mayor Christianson
ABSENT: None
___________________________
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
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11/23/2021 | 2:40 PM PST