HomeMy WebLinkAbout09/03/1996, 1 - PARK ORDINANCE REVISIONS council Sept. `s, 1996
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CITY OF SAN LUIS OBISPO
FROM: Paul LeSage, Parks & Recreation Director.
Prepared By: Linda Fitzgerald, Recreation Supervisor
SUBJECT: Park Ordinance Revisions
CAO RECOMMENDATION
Introduce an ordinance to print approving a negative declaration of environmental impact
and amending the City Park Regulations of the Municipal Code to correct outdated
references, clarify areas of enforcement, moving Section 12.40.020 to 12.20.120, and
defining skateboarding, rollerblading, and rollerskating activity in city park areas.
DISCUSSION
In February 1996, Parks & Recreation and Public Works staff met to review the existing Park
Regulations. Driving this review were two issues:
• problems with vehicles parking overnight in park parking lots related to a tour group
activity not sponsored by the City; and
• increased problems and damage in city parks with skateboards, rollerblading and
rollerskating.
Minor revisions were also made to clarify changes in staff responsibilities, definitions in what
constitutes a "park," enforcement language, park reservation permit process, and insurance
requirements. During the review, staff thought that Municipal Code Section 12.40.020 -
Miscellaneous: Power boats prohibited on Laguna Lake should be moved to the Park Regulations
as Laguna Lake is a portion of the city's park area.
A summary of the changes with an explanation follows. The complete legislative draft is
attached to this report:
Section 12.20.020, item B: Under definition of "director," delete reference to "his assistant"
as there is no longer an assistant director of parks & recreation.
Section 12.20.020, item C: Modify definition of"park" to clarify terminology and cover areas
such as parking lots, open space and creeks that were not
previously identified or difficult to enforce. Change reference to
Parks and Recreation Department to City of San Luis Obispo to
cover multiple departments as both Parks and Recreation and
Public Works Departments operate and maintain park facilities.
Section 12.20.030: Delete "no person shall" to read "it shall be unlawful..." for
enforcement purposes and change "he complies" to "there is
compliance..." for clarification.
Section 12.20.040, item C: The word "care" is deleted from the prohibition of animals in the
park for enforcement purposes.
Section 12.20.040, item C1: Clarify item to read that equine animals stay on paths and
trails designated and identified for such use in parks.
Section 12.20.040, item C7: Add sentence after C7 text indicating that Parks &
Recreation Director may prohibit animals in certain posted
areas in parks. This allows the director to prohibit animals
in specific areas such as softball fields or play areas if
necessary.
Section 12.20.040, item F: At the request of the City Attorney's office, delete the word
"loiter." Delete "no person shall" to read "it shall be unlawful..."
for enforcement purposes.
Section 12.20.050, item B: Delete entire section on reservations without formal permits as the
Parks and Recreation Department routinely handles all reservations
for facilities with a permit and requires groups to have proper
insurance coverage for the permitted activity.
Section 12.20.050, item C: Section is modified to eliminate the "formal" aspects of applying
for a permit. This process has now become routine.
Section 12.20.050, item C2: Add "use of amplified sound" to conditions imposed by
director for park uses.
Section 12.20.060: Delete reference to reservations in title and in ordinance as all park
reservations require a permit.
Section 12.20.070: Clarify `park director' to read `Parks and Recreation Director.'
Delete language to appeal process and refer to chapter 1.20 of code
to avoid redundancy.
Section 12.20.090: Modify to meet current requirements for insurance required by
City for facility uses, change City Clerk to Risk Manager. Delete
sentence on activities sponsored by department as these are covered
under the City's insurance coverage .
Section 12.20.110, item A: Delete statement "including all violations for state law occurring
within city parks."
Section 12.20.110, item B: Change public services to Public Works and add Building
Maintenance Division to enforcement of provisions. Delete
reference to powers and duties of deputy poundmaster as this falls
under the Police Department's control.
Section 12.20.115, item Al: Delete reference to "formal" as all park reservations are
done by permit.
Section 12.20.120: Move entire ordinance from 12.40.020-Miscellaneous to Park
Ordinance 12.20.120. Delete reference to one horsepower as
electric motors are measured by thrust rather than horsepower.
Staff believes any electric motor would not exceed the equivalent
of one horsepower.
A new section is included - 12.20.130 regulating the use of skateboards, rollerblades, and
rollerskates in city parks. Ordinances from Paso Robles, Pismo Beach, Morro Bay, and Lompoc
were reviewed and, along with problems staff has identified, an ordinance was drafted.
Section A limits where skateboards, rollerblades, and rollerskates can be used in city parks to
sidewalks and in multi-use court area. Use of skateboards, rollerblades, and rollerskates on park
facilities such as benches, curbs, rails, etc. would be restricted under Section B to reduce
property damage and address safety concerns. Section C prohibits the use of a foreign substance
such as wax, oil, etc., on park amenities as its use is becoming a maintenance problem with
stickiness and damage to surfaces.
An environmental review of the proposed changes has been completed by the Community
Development Department. Based on the initial study (attached), staff is recommending that
Council adopt a negative declaration.
CONCURRENCES
The Parks & Recreation Commission has reviewed the changes presented by staff and concur
by consensus. The Police Department and City Attorney has reviewed the proposed amendments
and concur.
FISCAL IMPACT
No fiscal impact is anticipated as a result of these ordinance revisions.
Attachments
1. Ordinance # - Amendment to Park Regulations
2. Legislative Draft - Park Regulations
3. Initial Study -Environmental Checklist Form: Park Ordinance Revisions Text Amendment
/•3
ORDINANCE NO. (1996 SERIES)
AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AMENDING SECTIONS 12.20.0209 12.20.030, 12.20.040, 12.20.050, 12.20.060, 12.20.070,
12.20.0909 12.20.110, 12.20.115; MOVING AND AMENDING SECTION 12.40.020 TO
SECTION 12.20.120; AND INTRODUCING 12.20.130 OF THE SAN LUIS OBISPO
MUNICIPAL CODE PARK REGULATIONS.
WHEREAS, the City Council conducted a public hearing on September 3, 1996 and has
considered testimony of other interested parties, and the evaluation and recommendation of staff, and
WHEREAS, the City Council finds that the proposed revisions are consistent with the
purposes of the Park Regulations, and other applicable City ordinances; and
WHEREAS, the City Council has considered the draft Negative Declaration of environmental
impact as prepared by staff; and
BE IT ORDAINED by the City Council of the City of San Luis Obispo as follows:
SECTION 1. The City Council finds and determines that the project's Negative Declaration
adequately addresses the potential significant environmental impacts of the proposed text amendments
to the Park regulations, and reflects the independent judgment of the City Council. The Council
hereby adopts said Negative Declaration.
SECTION 2. Section 12.20.020, B & C are hereby amended to read as follows:
12.20.020 Definitions.
"B. "Director" means the Director of Parks and Recreation or other person authorized by
him, pursuant to law, to act in his stead."
"C. "Park" means any parkland, playground, beach, or recreational facility, including any
parking lots, open space, creek, or any other area or structure accessory thereto maintained
and operated by the City of San Luis Obispo."
SECTION 3. Section 12.20.030 is hereby amended to read as follows:
12.20.030 Compliance with regulations required.
"It shall be unlawful to enter, be or remain in any park unless there is compliance at all times
with all of the regulations set forth in this chapter applicable to such park and with all other
applicable laws, ordinances, rules and regulations."
ATTACHMENT 1
�'7
SECTION 4. Section 12.20.040, Cl is hereby amended to read as follows:
12.20.040 Rules and regulations applicable in city parks.
"C. Prohibition of Animals in Parks. No person shall cause, permit, or allow any animal
owned or possessed by him or any animal in his custody or control to be present in the park
except:"
"Cl. Equine animals being led or ridden under reasonable control upon any bridle paths or
trails provided that they are designated and identified for such purposes."
SECTION 5. Section 12.20.040 is hereby amended by adding a statement after Section C7
to read as follows:
"The Parks & Recreation Director may prohibit animals in certain posted areas in city parks
in the interest of public health, safety, comfort and welfare."
SECTION 6. Section 12.20.040, F is hereby amended to read as follows:
12.20.040 Rules and regulations applicable in city parks.
"F. Presence in Parks During Certain Hours Prohibited. It shall be unlawful to enter,
remain, or stay in any public park between the hours of ten p.m. and five a.m. of the
following day without approval from the Director."
SECTION 7. Section 12.20.050, B is hereby amended to read as follows:
12.20.050 Reservation of park areas and structures.
"B. Reservations by Permits. The following procedures shall be followed by persons
desiring to reserve park areas for gatherings or assemblies.
1. Applications for permits must be submitted in writing at the office of the city Parks
and Recreation Department, not less than five working days nor more than ninety calendar
days in advance of the intended use.
2. The Director may impose such reasonable conditions upon the issuance of the permit
as deemed necessary for the protection of the public health, safety and welfare, including
without limitations, conditions related to: time, place, frequency, duration, consumption of
alcoholic beverages, maximum attendance, parking restrictions, use of amplified sound, and
placement of permitted apparatus.
3. The Director may also require the applicant to provide additional water and sanitary
facilities and refuse receptables as reasonably believed to be necessary for the protection of
the public health, safety and welfare in connection with the intended use.
i-S
4. The Director may require the applicant to provide a designated number of approved
security personnel for the purposes set forth by the Chief of Police upon such application.
5. The applicant shall agree to reimburse the city for any unusual cleanup and facility
repair expenses incurred as result of the activity authorized by the permit."
SECTION 8. Section 12.20.060 is hereby amended to read as follows:
12.20.060 Transfer of permits-Written consent required.
"No permit for the use of a park or any portion thereof, shall be transferable without a
written consent of the Director."
SECTION 9. Section 12.20.070 is hereby amended to read as follows:
12.20.070 Appeal-Hearing-Council's determination to be final.
"Any person aggrieved by an act or determination of the Parks and Recreation Director or
the Chief of Police in the exercise of the authority herein granted shall have the right to
appeal to the Council pursuant to the provisions set forth in Chapter 1.20 of this code."
SECTION 10. Section 12.20.090 is hereby amended to read as follows:
12.20.090 Insurance required-When.
"Any person or group reserving a city park facility or imposing admission charges for
activities held within city parks shall provide evidence of current insurance holding the City
harmless from any liability for injury to persons or property resulting from the activity. The
minimum amount of such insurance shall be determined by the city's risk manager."
SECTION 11. Section 12.20.110 is hereby amended to read as follows:
12.20.110 Enforcement.
"A. The Police Department shall have the primary responsibility for the enforcement of
the provisions of this chapter.
B. In addition, all personnel in the Parks and Recreation Department and all Public
Works Department personnel in the Parks and Building Maintenance Divisions shall have the
duty to enforce the provisions of Section 12.20.040 and 12.20.050.
SECTION 12. Section 12.20.115, A.I. is hereby amended to read as follows:
12.20.115 Consumption of alcohol unlawful.
"A. It shall be unlawful for any person to consume any alcoholic beverage in any City park
or park area except:
I. During an activity conducted pursuant to an approved park permit as specified in
Section 12.20.050;"
SECTION 13. Section 12.40.020 shall be moved to Section 12.20.120 and is hereby
amended to read as follows:
12.20.120 Power boats prohibited on Laguna Lake.
"Any boat containing any source of power other than sails or oars, or more than one electric
motor, is prohibited from operating on the lake located in the southwesterly portion of the
city, adjacent to Madonna Road, Los Osos Valley Road, and Foothill Boulevard, and known
as Laguna Lake, and the maximum speed of boats permitted to operate on the lake shall be
five miles per hour. This section shall not apply to any boats authorized by the Council for
patrol or maintenance purposes."
SECTION 14. Section 12.20.130 is hereby added to read as follows:
12.20.130 Skateboarding, rollerblading, rollerskating in city parks.
"A. Use of skateboards, rollerblades, or roller skates on tennis courts, playgrounds,
Picnic/barbecue areas, entryways, patios to park facilities, and parking lots is prohibited
except for activities authorized or operated by the Parks and Recreation Department.
B. No person shall use, operate or strike a skateboard, rollerblades or roller skates
against, onto or upon the side of buildings, fences, steps, benches, tables, play equipment,
curbs, rails, ramps or similar objects or structures in a city park.
C. No person shall apply any foreign substance, including wax, oil, or other similar
material, either as a solid or liquid, onto any curb, stair, railing, ramp, sidewalk, bench or
other abutment for the purpose of aiding any stunt, turn or other acrobatic action while riding
a skateboard, rollerblades or roller skates. Such application is prohibited from any city park
without prior written approval of the Parks and Recreation Director."
SECTION 15. A synopsis of this ordinance, approved by the City Attorney, together with
the names of the Council Member voting for and against, shall be published at least five days prior
to its final passage, in the Telegram-Tribune, 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 AND PASSED TO PRINT by the Council of the City of San Luis Obispo
at a meeting held on the day of
on motion of
,
following roll call vote: seconded by and on the
AYES:
NOES:
ABSENT:
1-7
ATTEST: .. .
City Clerk' - -
- --
-ayor Allen Settle
APPROVED AS TO FORM:
mey — -
LEGISLATIVE DRAFT
Chapter 12.20
PARK REGULATIONS
Sections:
12.20.010 Title.
12.20.020 Definitions.
12.20.030 Compliance with regulations required.
12.20.040 Rules and regulations applicable in city parks.
12.20.045 Authority to close.
12.20.050 Reservation of park areas and structures.
12.20.060 Transfer of permits ..ese... alien - Written consent required.
12.20.070 Appeal-Hearing-Council's determination to be final.
12.20.080 Fees and deposits.
12.20.090 Insurance required-When.
12.20.100 Duty to leave closed or reserved areas.
12.20.110 Enforcement.
12..y2�0.11155 �Consumption
/of alcohol unlawful.
ATTACHMENT 2
12.20.010 Title.
The ordinance codified in this chapter shall be known as the Park Ordinance of the city.
(Prior code 4226)
12.20.020 Definitions.
The following words shall have the meaning indicated when used in this chapter:
A. "Amplified sound" means music, sound wave, vibration or speech projected or
transmitted by electronic equipment, including amplifiers.
B. "Director" means the Director of Parks and Recreation, his assistant, or other person
authorized by him, pursuant to law, to act in his stead.
C. "Park" means any park",r-eseFymiea, playground, beach, 0, recreationwAft,
eeateE A for any other area or structure WAN
*W.maintained and operated by the City NOW
0M,-
D. "Permit" or "reservation" means written authorization for exclusive use of parks or
buildings, or portions thereof, as provided for and defined in this chapter.
E. "Vehicle" means any device by which any person or property may be propelled, moved
or drawn, excepting a device moved by human power. (Prior code 4226.1)
12.20.030 Compliance with regulations required.
No peFsea-hall W AWjA l enter, be, or remain in any park unless he
eemplies 5 ?. �39jl1`SW:'IYIY at all times with all of the regulations set forth in this chapter
applicable to such park and with all other applicable laws, ordinances, rules, and regulations.
(Prior code 4226.2)
12.20.040 Rules and regulations applicable in city parks.
The following rules and regulations apply in all parks in the city, unless expressly stated
otherwise elsewhere in this chapter.
A. Operations of Vehicles and Bicycles
1. Roads for Public Use. The provisions of the California Vehicle Code are
applicable in the city parks upon any way or place of whatever nature which is
publicly maintained and open to the use of the public for purposes of vehicular
travel. All violations of the Vehicle Code shall be enforced and prosecuted in
accordance with the provisions thereof.
2. Surfaces Other than Roads for Public Use. No person shall drive or otherwise
operate a vehicle in a city park, and no person shall ride a bicycle (as defined in
the California Vehicle Code) in a city park, upon surfaces other than those
maintained and open to the use of the public for purposes of vehicular travel,
except upon temporary parking areas as may be designated from time to time by
the Director, and further excepting vehicles in the service of the city.
B. Solicitation Prohibited. No person shall practice, carry on, conduct, or solicit for any
occupation, business, or profession in any city park or building, or sell or offer for sale
any merchandise, article, or anything whatsoever. This subsection shall not apply to any
person acting pursuant to a contract with the city or under an authorization granted by
the Director of Parks and Recreation.
C. Prohibition of Animals in Parks. No person shall cause, permit, or allow any animal
owned or possessed by him or any animal in his eafe, custody, or control to be present
in the park except:
1. Equine animals being led or ridden under reasonable control upon any bridle paths
or trails provided f~ zW���� for such purposes;
2. Equine or other animals which are hitched or fastened at a place expressly
designated for such purpose;
3. Dogs or cats when led by a cord or chain not more than six feet long, or when
confined within the interior of a vehicle;
4. Dogs which have been specially trained and are being used by blind or disabled
persons to aid and guide them in their movements;
5. Small pets which are kept on the person of the possessor at all times;
6. In connection with activities authorized in writing by the Director;
7. Animals in the park for grazing purposes pursuant to an agreement approved by
the Council.
D. Duty to Care for Animals. It shall be the mandatory duty of all persons owning,
possessing, in control of, or otherwise responsible for a dog, a cat, or an equine animal
in a city park to promptly collect, pickup, and remove all fecal matter left by the animal
in or upon the park; provided, however, that this subsection shall not apply to animals
properly in the park under the provisions of subsections Cl, C2, and C7 of this section,
or to guide dogs for blind or disabled persons.
E. Amplified Sound in City Parks.
1. Purpose. The Council enacts this legislation for the sole purpose of securing and
promoting the public health, comfort, safety, and welfare of its citizenry. While
recognizing that certain uses of sound amplifying equipment are protected by the
constitutional rights of freedom of speech and assembly, the Council nevertheless
feels obligated to reasonably regulate the use of sound amplifying equipment in
order to protect the correlative constitutional rights of the citizens of this
community to privacy and freedom from the public nuisance of loud and
unnecessary sound.
2. Permit Required for Amplifiers. It is unlawful for any person to install, use, and
operate within a park a loudspeaker or any sound amplifying equipment for the
purposes of giving instructions, directions, talks, addresses, and lectures, or of
transmitting music to any persons or assemblages of persons in the park, or in the
vicinity thereof, except when installed, used, or operated in compliance with one
of the following provisions:
a. By authorized law enforcement, fire department, or park and recreational
personnel;
b. Under a reservation or a permit issued by the Director, and when operated
in accordance with the terms of the reservation or permit.
3. Power Source for Amplifiers. Amplifiers permitted in parks shall be operated
only through a power source provided by the Parks Division.
4. Regulation of Amplified Volume. If, at any time, the Police Department
determines that the sound produced by an amplifier in the park is unreasonably
interfering with other persons using the park or with nearby residents in the
comfortable and reasonable enjoyment of their premises, an officer shall request
the person in charge of the assembly, or any other person appearing to be
involved in the production of the sound, to immediately reduce the level thereof.
If the sound is not reduced within five minutes to a level satisfactory to the
officer, he shall immediately disconnect all amplifiers from the power source
provided by the Parks Division. If the sound is reduced to a level satisfactory to
the officer, and he, thereafter, finds that the sound level appears to have again
been increased, he shall then disconnect all amplifiers from the power source
provided by the Parks Division,
5. The Council shall by resolution adopt standards prescribing staff's discretion in
issuing permits for sound amplifiers, such standards as recommended by the City
Attorney.
F. Presence in Parks During Certain Hours Prohibited. Ne per-son sha1WAWW*"'
enter, remain, stay�-1 a in an public ark between the hours of ten m. and
" e YP P P•
five a.m. of the following day without approval from the Director. (Ord. 1001 1, 1983;
Ord. 976 1, 1983; prior code 4226.3)
12.20.045 Authority to close.
Any section or part of a park may be declared closed to the public by the Director at any
time and for any interval of time, either temporarily or at regular and stated intervals (daily or
otherwise), and either entirely or merely to certain uses, as the Director fords reasonably
necessary. (Ord. 1001 2, 1983: prior code 4226.12)
12.20.050 Reservation of park areas and structures.
A. Reservation for Parks and Recreation Department Activities. The Director shall be
responsible for scheduling and controlling the use of parks, or portions thereof, for the
maximum benefit and participation by interested persons and groups, both public and
private. Activities sponsored by the Parks and Recreation Department shall be given
preference in the use of city parks.
B. ReseFyat:eas Witl.eut Pe.mal DeFmit.. Perse..s
who desire to use .._4.areas
__s __ ____
request the D t
if the Dir-eet, is atis fleatoth t >, a
F'e the �E1FH�a'rivirpi@s2atcc
area may be Fe a .ea re_-the intended use without. nabl . :..teffefing; with the
Of the r., FeO .rR . l.e.t a:..t.._>+:. the� k b� the d :t
peaee of the suFFeuading
neiahhnrh ed heE ��grant the fee ... en upon t: e ..a:t:, h deems HeeessaF.�L.
a
FeseFvatieas-:
TF fer- aey reason, the T:f ..te is of satisfied as to the masenable___ _f tb_
e
, if efinds that he Is amble to agree
:with theppl: ..t he .. s a to bhe sh 11 L h ph t t M , t
err as to te ea,
req" r request c .,1 pe :. in &eeeF&-He-e with the pr-eeea r b t r• rl.t
see ien.
E Reservations by l eRmal Permit. The following procedures shall be followed by persons
desiring to reserve park areas for gatherings or assemblies
1. Applications for feEmal permits must be submitted in writing
at the office of the City Parks and Recreation Department, not less than five
working days nor more than ninety calendar days in advance of the intended use.
2. The Director may impose such reasonable conditions upon the issuance of the
€emal permit as he deea3sI~ necessary for the protection of the public
health, safety, and welfare, including, without limitation, conditions related to:
time, place, frequency, duration, consumption of alcoholic beverages, maximum
attendance, parking restrictions, �j /���� and placement of
permitted apparatus and equipment.
3. The Director may also require the applicant to provide additional water and
sanitary facilities and refuse receptacles as he reasonably believes~ o be
necessary for the protection of the public health, safety, and welfare in connection
with the intended use.
4. The Director may require the applicant to provide a designated number of
approved security personnel for the purposes set forth by the Chief of Police upon
such application.
5. The applicant shall agree to reimburse the city for any unusual cleanup and
facility repair expenses incurred as a result of the activity authorized by the
permit. (Prior code 4226.4)
12.20.060 Transfer of permits - Written consent required.
No permit or-eseFyafieg for the use of a park or any portion thereof, shall be transferable
without a written consent of the Director. (Prior code 4226.5)
12.20.070 . Appeal/Hearing - Council's determination to be final.
Any person aggrieved by any act or determination of the ParkgK � �Director
or the Chief of Police in the exercise of the authority herein granted shall have the right to
/-/b
appeal to the Council ����� �// ��. The
appeal sha14 be in writing, sta4ing the masen fer- the appeal. The appeal shall be filed with the
City Cie&witbin five wer4dag days after-the eeeumnee ef the aet or-detaFmiffatieR feFmsifig the
basis-for--the appeal The appeal shall be heard by the Geeneil at the fiastzegular- eeufleil
meetiBg eeeuFFing Eaer-e than five days afteF the filing ef the appeal. AppeRant may, at his
the appeal shall be final. (Prior code 4226.6)
12.20.080 Fees and deposits.
Fees or deposits required in connection with the issuance of a reservation or permit shall
be paid at the time of such issuance. The fees or deposits may include, without limitation, such
amounts as may be determined by the Director or the Chief of Police to be reasonably necessary
as security for repair or damage to park property, for cost of cleanup, and for extra personnel
to regulate conduct and traffic. (Prior code 4226.7)
12.20.090 Insurance required - When.
Any person or groupAW/// ~/*imposing admission charges for
activities held within city parks shall provide evidence of current insurance holding the City
harmless from any liability for injury to persons or property resulting from the activity. The
minimum amount of such insurance shall be determined by the City
(Prior code 4226.8)
12.20.100 Duty to leave closed or reserved areas.
/-,ll
It shall be the duty of all persons to leave a park area for which a valid reservation or
permit has been issued to any other person or group, or which has been closed by the Director
under Section 12.20.045 of this chapter, whenever directed to do so by the permittee or by
authorized police or park personnel. (Ord. 1042 2,1985: prior code 4226.9)
12.20.110 Enforcement.
A. The Police Department shall have the primary responsibility for the enforcement of the
provisions of this chapter,
ice•
B. In addition, all personnel in the Parks and Recreation Department and all Public
Department personnel in the Parks Division.shall have
the duty to enforce the provisions of Section 12.20.040 and 12.20.05 , aFA all of sHA
(Prior code
4226.10)
12.20.115 Consumption of alcohol unlawful.
A. It shall be unlawful for any person to consume any alcoholic beverage in any City park
or park area except:
1. During an activity conducted pursuant to an approved
park permit as specified in Section 12.20.050;
2. During an authorized special event provided that consumption of alcohol is an
approved condition for the special event.
/-/8'
B. Consumption of alcoholic beverages as described above, shall be limited to the areas;
times, and places specified in the park reservation/permht or in the approved conditions
for the special event. (Ord. 1270 1,1994; Ord. 1066 1, 1986; Ord. 1042 2, 1985)
.12."�20 Power boatsrohibited on Lagunap We,
Any boat containing any source of power other than sails or oars, or more ,than one
electric.motor, - _ - .
is prohibited from operating on the lake
located in the southwesterly portion of the city, adjacent to Madonna Road, .Los Osos Valley
Road, and Foothill Boulevard, -and known as Laguna Lake, and the maximum speed of boats
permitted to operate on the lake shall be five miles per flour. This section shall not apply to any
boats authorized by the Council for patrol or maintenance purposes: .
i
/ �9
II
city of sAn WIS OBISPO
990 Palm Street, San Luis Obispo, CA 93401-3249
INITIAL STUDY
ENVIRONMENTAL CHECKLIST FORM
1 . Project Title: Park Ordinance Revisions Text Amendment
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:
Ronald Whisenand, Development Review Manager (805) 781-7177
4. Project Location: City-Wide
5. Project Sponsor's Name and Address:
.Recreation Department
Attn: Linda Fitzgerald, Recreation Supervisor
860 Pacific Street
San Luis Obispo, CA 93401
6. General Plan Designation: Various
7. Zoning: Various
8. Description of the Project: (Describe the whole action involved, including but not
limited to later phases of the project, and any secondary, support, or off-site
features necessary for its implementation. (Attach additional sheets if necessary)
Amend the existing City Park Regulations (San Luis Obispo Municipal Code; Chapter
12.20) to clarify existing ordinance language and to add provision regarding
skateboarding, rollerblading, and roller skating in City parks.
A copy of the a legislative draft of the proposed changes is attached along with a
staff analysis of the proposed changes.
9. Surrounding Land uses and Setting: (Briefly describe the project's surroundings)
N/A (City-wide amendments) ATTACHMENT 3
/O The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities.
Telecommunications Device for the Deaf(805)781.7410. /
/��
I1
10.. Other public agencies whoseapproval is required (e:
q g: permits, fl
nancing approval,.
or participation agreement).
City of San Luis Obispo.Parks and Recreation Commission
.2
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.
Land use and Planning Biological Resources Aesthetics
Population and Housing Energy and Mineral Cultural Resources
Resources
Geological Problems Hazards Recreation
Water Noise Mandatory Findings of
Significance
Air Ouality Public Services
Transportation and Utilities and Service
Circulation Systems
DETERMINATION:
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the environment, and X
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 the mitigation measures described on an
attached sheet have been added to the project. 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 significant effect(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, if the effect is a "Potentially Significant Impact" or "Potentially
Significant Unless Mitigated." 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, there
WILL NOT be a significant effect in this case because all potentially significant effects (1) have
been analyzed in an earlier EIR pursuant to applicable standards and (2) have been avoided or
mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed
upon the proposed project.
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June 27, 1996
S' ature Date
Ronald Whisenand, Development Review Manager Arnold Jonas, Community Development Dir.
Printed Name For
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) "Potentially Significant Impact' is appropriate if there is substantial evidence that an effect is significant.
If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR
is required.
4) "Potentially Significant Unless 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 17, "Earlier Analysis," 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).
Earlier analyses are discussed in Section 17 at the end of the checklist.
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. A source list should be attached, and other sources used or individuals contacted should
be cited in the discussion.
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sues and Supporting Information Sources Sources Potentially Potentially Lose Than No
Significant Significant Significant Impact
Issues Unless Impact
Mitigation
Incorporated
1. LAND USE AND PLANNING. Would the proposal:
a) Conflict with general plan designation or zoning? X
b) Conflict with applicable environmental plans or policies X
adopted by agencies with jurisdiction over the project?
c) Be incompatible with existing land use in the vicinity? X
The existing regulations along with the proposed language are being adopted in order to bring about land use compatibility.
d) Affect agricultural resources or operations (e.g. impact to X
soils or farmlands, or impacts from incompatible land
uses)?
Disrupt or divide the physical arrangement of an X
established community (including a low-income or
minority community)?
2. POPULATION AND HOUSING. Would the proposal:
a) Cumulatively exceed official regional or local population X
projections?
b) Induce substantial growth in an area either directly or X
indirectly (e.g. through projects in an undeveloped area or
major infrastructure?
c) Displace existing housing, especially affordable housing? X
3. GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving:
a) Fault rupture? X
Seismic ground shaking? X
5
Issues and Supporting Information Sources sources Potentially Potentially Less Than No
Significant Significant Significant Impact
Issues Unless Impact
Mitigation
Incorporated
c) Seismic ground failure, including liquefaction? X
d) Seiche, tsunami, or volcanic hazard? X—
e) Landslides or mudflows? X
-T
f) Erosion, changes in topography or unstable soil conditions X
from excavation, grading or fill?
g) Subsidence of the land? X
h) Expansive soils? X
i) Unique geologic or physical features? X
4. WATER. Would the proposal result in:
--FT I I j
a) Changes in absorption rates, drainage patterns, or the X
rate and amount of surface runoff?
b) Exposure of people or property to water related hazards X
such as flooding?
c) Discharge into surface waters or other alteration of X
surface water quality (e.g. temperature, dissolved oxygen
or turbidity?
d) Changes in the amount of surface water in any water X
body?
6
sues and Supporting Information Sources Sources Potentially Potentially Lose Than No
Significant Significant Significant Impact
Issues Unless Impact
Mitigation
Incorporated
e) Changes in currents, or the course or direction of water X
movements?
f) Change in the quantity of ground waters, either through X
direct additions or withdrawals, or through interception of
an aquifer by cuts or excavations or through substantial
loss of groundwater recharge capability?
g) Altered direction or rate of flow of groundwater? X
h) Impacts to groundwater quality? 5-
:1 Substantial reduction in the amount of groundwater X
otherwise available for public water supplies?
5. AIR QUALITY. Would the proposal:
a) Violate any air quality standard or contribute to an X
existing or projected air quality violation (Compliance with
APCD Environmental Guidelines)?
b) Expose sensitive receptors to pollutants X
c) Alter air movement, moisture, or temperature, or cause X
any change in climate?
d) Create objectionable odors? X
6. TRANSPORTATION/CIRCULATION. Would the proposal result in:
a) Increased vehicle trips or traffic congestion? X
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Issues and Supporting Information Sources Sources Potentially Potentially Less Than No
Significant Significant Significant Impact
Issues Unless Impact
Mitigation
Incorporated
b) Hazards to safety from design features (e.g. sharp curves x
or dangerous intersections) or incompatible uses (e.g.
farm equipment))?
c) Inadequate emergency access or access to nearby uses? x
d) Insufficient parking capacity on-site or off-site? x
e) Hazards or barriers for pedestrians or bicyclists? x
f) Conflicts with adopted policies supporting alternative x
transportation (e.g. bus turnouts, bicycle racks)?
g) Rail, waterborne or air traffic impacts (e.g. compatibility x
with San Luis Obispo Co. Airport Land Use Plan)?
7. BIOLOGICAL RESOURCES. Would the proposal affect:
a) Endangered, threatened or rare species or their habitats x
(including but not limited to plants, fish, insects, animals
or birds)?
b) Locally designated species (e.g. heritage trees)? x
c) Locally designated natural communities (e.g. oak forest, x
coastal habitat, etc.)?
d) Wetland habitat (e.g. marsh, riparian and vernal pool? x
e) Wildlife dispersal or migration corridors? x
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sues and Supporting Information Sources Sources Potentially Potentially Less Than No
Significant Significant Significant Impact
Issues Unless Impact
Mitigation
Incorporated
8. ENERGY AND MINERAL RESOURCES. Would the proposal:
a) Conflict with adopted energy conservation plans? X
b) Use non-renewable resources in a wasteful and inefficient X
manner?
c) Result in the loss of availability of a known mineral X
resource that would be of future value to the region and
the residents of the State?
9. HAZARDS. Would the proposal involve:
a) A risk of accidental explosion or release of hazardous X
substances (including, but not limited to: oil, pesticides,
chemicals or radiation)?
b) Possible interference with an emergency response plan or X
emergency evacuation plan?
c) The creation of any health hazard or potential health X
hazard?
d) Exposure of people to existing sources of potential health X
hazards?
e) Increased fire hazard in areas with flammable brush, grass X
or trees?
10. NOISE. Would the proposal result in:
a) Increase in existing noise levels? X
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Issues and Supporting Information Sources Sources Potentially Potentially Less Than No
Significant Significant Significant Impact
Issues Unless Impact
Mitigation
Incorporated
b) Exposure of people to "unacceptable" noise levels as X
defined by the San Luis Obispo General Plan Noise
Element?
11. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered
government services in any of the following areas:
a) Fire protection? X
b) Police protection? X
c) Schools? X
d) Maintenance of public facilities, including roads? X
e) Other governmental services? X
12. UTILITIES AND SERVICE SYSTEMS. Would the proposal result in a need for new systems or supplies, or
substantial alterations to the following utilities:
a) Power or natural gas? X
b) Communications systems? X
c) Local or regional water treatment or distribution facilities? X
d) Sewer or septic tanks? X—
e) Storm water drainage? X
f) Solid waste disposal? X
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sues and Supporting Information Sources Sources Potentially Potentially Less Than No
Significant Significant Significant Impact
Issues Unless Impact
Mitigation
Incorporated
g) Local or regional water supplies? X-
13. AESTHETICS. Would the proposal:
a) Affect a scenic vista or scenic highway? X
b) Have a demonstrable negative aesthetic effect? X
c) Create light or glare? X
14. CULTURAL RESOURCES. Would the proposal:
Disturb paleontological resources? X
b) Disturb archaeological resources? X
c) Affect historical resources? X
d) Have the potential to cause a physical change which X
would affect unique ethnic cultural values?
e) Restrict existing religious or sacred uses within the X
potential impact areal
15. RECREATION. Would the proposal:
a) Increase the demand for neighborhood or regional parks X
or other recreational facilities?
Affect existing recreational opportunities? X
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Issues and Supporting Information Sources Sources Potentially Potentially Less Than No
Significant Significant Significant Impact
Issues Unless Impact
Mitigation
Incorporated
The proposed changes involve ordinance language only and will not result in any physical improvement. The language
will in fact clarify the existing park regulations which are intended to guide proper use and enjoyment of City parks by all
residents.
16. MANDATORY FINDINGS OF SIGNIFICANCE.
a) Does the project have the potential to degrade the quality X
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, 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?
b) Does the project have the potential to achieve short-term, X
to the disadvantage of long-term, environmental goals?
c) Does the project have impacts that are individually limited, X
but cumulatively considerable? ("Cumulatively
considerable" means that the incremental effects of a
project are considerable when viewed in connection with
the effects of the past projects, the effects of other current
projects, and the effects of probable future projects)
d) Does the project have environmental effects which will X
cause substantial adverse effects on human beings, either
directly or indirectly?
17. 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.
12 x41
,1 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 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.
No mitigation proposed or required.
Authority: Public Resources Code Sections 21083 and 21087.
Reference: Public Resources Code Sections 21080 (c), 21080.1, 21080.3, 21082.1, 21083, 21083.3, 21093, 321094,
21151;Sundstrom v. County of Mendocino, 202 Cal. App. 3d 296 (1988);Leonofff v. Monterey Board of Supervisors, 222
Cal. App. 3d 1337 (1990).
18. SOURCE REFERENCES
1
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