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HomeMy WebLinkAbout07-07-2015 PH1 Bishop Peak Natural Reserve Conservation PlanCity of San Luis Obispo, Council Agenda Report, Meeting Date, Item Number FROM: Michael Codron, Assistant City Manager Prepared By: Robert A. Hill, Natural Resources Manager SUBJECT: BISHOP PEAK NATURAL RESERVE CONSERVATION PLAN 2015 UPDATE RECOMMENDATION As recommended by the Planning Commission and Parks and Recreation Commission, adopt a resolution (Attachment 1) in order to: 1. Approve the Bishop Peak Natural Reserve Conservation Plan 2015 Update. 2. Approve a Negative Declaration of environmental impact for the Project (Attachment 2). REPORT-IN-BRIEF The City’s first ever conservation plan was prepared for Bishop Peak Natural Reserve and subsequently adopted by City Council in 2004. A conservation plan is generally intended to have a 7 to 10 year time horizon, at which time it should be updated. The 2015 Update process included two public workshops, as well as both Parks and Recreation Commission and Planning Commission review and recommendations. A number of new and ongoing challenges emerged through the 2015 Update process, which are now addressed in the 2015 Update. These include continued natural resources protection; neighborhood compatibility in the areas around the two primary trailheads; increased use pressure leading to needs for trail maintenance and heightened levels of Ranger patrol and enforcement; and, evaluation of emergency response access. In response to these issues, the primary recommendations found in the 2015 Update are: 1. Additional biological surveys to better understand the rare bat species that have been identified, habitat enhancement at the stock pond area, wildlife-friendly garbage receptacles at trailheads along with “mutt mitt” dispensers for dog owners, and rock climbing management guidelines; 2. Implementation of neighborhood traffic management strategies, trip-reduction strategies, and transportation mode-split goals identified in the LUCE, as well the adoption of a Good Neighbor Policy; 3. Reclassification of two areas from “Management / Trail Corridor” to “Restoration” in accordance with the Conservation Guidelines for Open Space Lands of the City of San Luis Obispo and deployment of the expanded Ranger Service staffing available with the adoption of the 2015-17 Financial Plan; 4. Continued assessment and evaluation of emergency response access following the Planning Commission’s recommendation for staff to prepare an emergency access alternatives study PH1 - 1 Bishop Peak Natural Reserve Conservation Plan 2015 Update Page 2 The 2015 Update also calls for the Reserve to continue to be managed in accordance with the City’s Open Space Regulations and the Conservation and Open Space Element of the City’s General Plan. A Negative Declaration has been prepared in accordance with the California Environmental Quality Act (CEQA). The fiscal impact of implementing the 2015 Update is substantive, but has been planned for in advance through the Financial Plan process DISCUSSION The primary objective of the Bishop Peak Natural Reserve Conservation Plan 2015 Update is to ensure protection of the Reserve’s natural and scenic resources, while also guiding passive recreation uses, fire safety, and restoration and management activities. The Conservation Plan Update was developed pursuant to prior Council authorization; both existing and new technical information and analysis; and, a public outreach effort that included numerous individual meetings with residents, community members and neighbors; a neighborhood public workshop held at Bishop Peak Elementary School; a more broadly focused City-wide public workshop; and, two advisory body hearings. In addition to the City’s customary public meeting noticing procedures, the legislative review draft of the Bishop Peak Natural Reserve Conservation Plan 2015 Update was posted on the City’s website on a special webpage dedicated to Bishop Peak. The Bishop Peak Natural Reserve Conservation Plan 2015 Update is the first update of a conservation plan to be developed and brought forward for public review and City Council consideration. Overview of Bishop Peak Natural Reserve Bishop Peak Natural Reserve is a 352-acre property located in the northwest part of the City and County of San Luis Obispo. It is comprised of three separate open space parcels that were assembled during a period of over 20 years; in 1977 the heirs of the Gnesa Ranch donated the land above the 800-foot elevation (approximately 104 acres) to the State Parks Foundation; this land is now managed jointly by the City and County of San Luis Obispo. In 1995, an additional 140 acres was donated by Mr. Felton Ferrini to the City of San Luis Obispo as the Ferrini Ranch Open Space. In 1998, a 108 acre parcel was purchased from Mr. Ray Bunnell. The property features a trail that goes from the official access points at Patricia Drive and Highland Drive to the summit, a distance of two miles with an elevation gain of 1,000 feet. Another trail known as the Felsman Loop traverses several canyons in the northern part of the Reserve and provides interesting views of oak woodland, chaparral, and coastal sage scrub, as well as attractive views of the surrounding area. At 1,546 feet above sea level, the three-pointed summit is the tallest and most distinctive of the peaks that make up the string of Morros known locally as the Nine Sisters. Management Considerations The Bishop Peak Natural Reserve Conservation Plan 2015 Update provides a framework to address the continued long-term site stewardship of the property. In addition to issues identified in 2004, the Bishop Peak Conservation Plan Update places a renewed emphasis in the following areas: 1. Natural Resources Protection. In keeping with the principles of the Conservation and Open Space and Element of the General Plan, the plan prioritizes protection of natural resources, providing for passive recreation where compatible. Many of the issues addressed in the Conservation Plan Update stem from this objective, seeking to enhance natural resources while minimizing impacts of recreational uses. An updated biological inventory was completed by the local firm Terra Verde Environmental Consulting, Summary and Results of a Plant Inventory and Wildlife Survey at Bishop Peak Natural PH1 - 2 Bishop Peak Natural Reserve Conservation Plan 2015 Update Page 3 Reserve, City of San Luis Obispo, California, that identifies 201 botanical species, nine plant communities, and 54 wildlife species. Of those, two plant species, one plant community, and seven wildlife species are considered to be under some level of protective special-status. Of note, Terra Verde identified seven different bat species that were previously indistinguishable due to the advent of relatively new, full spectrum acoustic survey technology that was not available in the 2002-2004 timeframe when the prior conservation plan was underway; three of these are special-status species. In addition, a Cal Poly senior project undertaken by Ms. Jessica Engdahl under the guidance of Dr. John Perrine and City Biologist Freddy Otte revealed numerous terrestrial wildlife species using the Reserve at night with the use of remote-sensing wildlife game cameras deployed at several fixed monitoring stations. 2. Trail Network Maintenance. The existing trail network faces erosion, widening and trail cutting and expansion of unofficial trails, each presenting a threat to the experience of recreational users, as well as the protection of natural resources. Weathering and vandalization of signage and lack of adequate signage may further compound these issues. Recent counts of users accessing BPNR suggest that over 150,000 visitors a year enter the Reserve, and most of the trails within BPNR are approaching 20 years or more of continuous use since they were first installed. 3. Neighborhood Compatibility Improvements. With a high volume of visitors and access limited to residential trailheads with no off-street parking facilities, some impacts are felt disproportionately by surrounding neighborhoods. Outreach to neighboring residents indicates that issues include night hiking, camping, roadway safety conflicts and concerns, litter and noise. Lack of consistent enforcement of existing municipal code was also identified as an area of primary concern. 4. Rock Climbing Management. While climbing is an approved, historic use that pre-dates the City’s ownership of the Reserve, new fixed anchor “bolted” routes and access trails have expanded over the last decade presenting a challenge to management objectives. Recent site visits identified establishment of an unpermitted stone and concrete bench, as well as unauthorized pruning and herbicide application to vegetation. 5. Unauthorized Foothill Boulevard Access. The trailhead on Foothill Blvd. is a very popular access to BPNR and yet it remains an unapproved trailhead that relies on a trail running through private ranch property. This creates a number of problems in terms of trespass, safety, aesthetics, resource protection and enforcement that are largely outside of City jurisdiction and control. 6. Emergency Access and Ranger Patrol Improvements. Current emergency access points limit the speed and response time with which City fire fighter-paramedics can respond to incidents at the Reserve. With an average of 2-3 calls for emergency response every month and an increase of fire hazard due to sustained drought conditions, a more efficient access point, to be considered separately in the future, may increase safety for visitors to the Reserve and neighbors living in the wildland-urban interface zone. 2015 Update Recommendations Active management of the Reserve is necessary to protect valued natural resources while facilitating approved activities where compatible. Updated wildlife inventories and photo monitoring analysis have shown that the BPNR is home to a wide variety of plants and animals PH1 - 3 Bishop Peak Natural Reserve Conservation Plan 2015 Update Page 4 and the Reserve requires continued management to protect these species. With over 150,000 visitors per year and over 200 plant species and 54 wildlife species, protection of natural resources at the BPNR relies largely on adequate management of human impacts. This entails the limitation of the recreational footprint by limiting the distribution and nature of uses and enforcing the laws that articulate these limitations. In addition to the issues and tasks outlined in the previous conservation plan, the 2015 Update calls for consideration of the following initiatives to provide for the continued stewardship, restoration, and management of the Reserve. The facilitation of these recommendations will be significantly enhanced with expanded Ranger Service staffing supported by the 2015-17 Financial Plan. 1. Natural Resources Protection. Biological surveys are the basis for natural resource management at the Bishop Peak Natural Reserve. The City has conducted a biological inventory and an evaluation of photo monitoring points and aerial photography comparing 2004 to current conditions, and will continue to monitor the Reserve on a regular basis. The City will need to respond to these surveys by focusing on protection of habitat areas with an emphasis on sensitive species. While the biological inventory shows the presence of sensitive species such as the Townsend’s big-eared bat and Pallid bat, further investigation will need to be done to identify their distribution and abundance throughout the cliffs and cave features within the Reserve. The City should also consider maintaining additional water in the stock pond by excavating silt that has accumulated in order to provide a water source for wildlife and insect prey-base for species such as bats. Garbage and dog feces present an issue for both resource protection and neighborhood compatibility. While “leave no trace” or “pack it in - pack it out” principles encouraging user-based management of litter are less resource intensive, they have not proven to be effective in a municipal open space setting such as Bishop Peak Natural Reserve. In response, and consistent with the tasks outlined in the 2015-17 Major City Goal regarding Open Space, Rangers will install wildlife-friendly garbage receptacles at trailheads along with “mutt mitt” dispensers for dog owners and Public Works staff will provide trash pickup. Funding for trailhead enhancements are programmed in the CIP. 2. Neighborhood Compatibility. With no dedicated parking for BPNR, the impacts of visitation volume are felt largely by surrounding residents. City staff will study and monitor the traffic patterns in the neighborhood and apply traffic management strategies where appropriate, consistent with the City’s Land Use and Circulation Element (LUCE) policies found in Chapters 7 and 8 pertaining to residential street design standards, levels of service, and neighborhood traffic management. In keeping with the mission of reducing impacts on surrounding neighborhoods and complying with principles of the LUCE, the City will advocate and also work towards improved access by alternative modes of travel including bus and bicycle as a demand-reduction strategy. Night hiking creates a disturbance to sensitive nocturnal wildlife within the Reserve and nearby residents and is expressly prohibited under the City’s Open Space Regulations. Night hiking may be deterred by a combination of mechanisms including continued enforcement, neighbor and police partnerships, clearer articulation of fines on signage, and through employment of night time parking restrictions on Highland Drive and Patricia Drive. PH1 - 4 Bishop Peak Natural Reserve Conservation Plan 2015 Update Page 5 The Conservation Plan Update introduces a Good Neighbor Policy for the first time as a means of articulating the City’s pledge to both residential and agricultural ranch property neighbors: 1. The City will ensure pro-active outreach and communications with neighbors. 2. The City will promote partnership efforts with neighbors and other citizens to provide stewardship and care for the land and surroundings. 3. The City will use best practices to educate open space users about the importance of respecting neighbors and private property, as well as adherence to Open Space Regulations. 4. The City will actively address citizen concerns in a timely manner with appropriate application of City policies and procedures . 5. The City will not actively promote Bishop Peak Natural Reserve as a tourist destination location through media outlets, advertisements, and publications. 3. Trail Network Maintenance. The BPNR is one of the most heavily visited open spaces in the City’s open space network and the trail system bares much of the resulting pressures. The major issues facing the trail system are erosion, poor signage and presence of unofficial “use trails.” The City will upgrade existing signage along the trail network, increase the availability of maps and other technological aids, and install two new informational kiosks to educate the public and improve wayfinding. Erosion is a significant problem throughout the Reserve, most notably at trail junctions and near the summit. The City will continue to implement trail rehabilitation projects and monitor their effects. Special emphasis should be placed on areas of high conservation value such as riparian areas and areas of very high use such as the summit trail. Qualitatively, Levels of Acceptable Change (LAC) have been exceeded in the upper reaches of the summit trail, and a reclassification of two areas from “Management / Trail Corridor” to “Restoration” appears warranted pursuant to the Conservation Guidelines for Open Space Lands of the City of San Luis Obispo (2002; see pgs. 8-10). Unofficial use trails are present throughout the Reserve. This may be due in part to lack of clear signage, as referenced above. Trails that are redundant, unsustainable or that represent a threat to natural resources will be decommissioned and given proper signage to encourage rehabilitation. 4. Rock Climbing. While climbing is a historic and permitted use within the Reserve, climbing activities should not interfere with roosting areas for bats and raptors, rare plant protection, and overall management goals for the Reserve. Climbing areas should be identified, protected and monitored. Unauthorized installation of climbing bolts and establishment of climbing use trails should be addressed. For the most part, climbers are outstanding stewards of the rock and surrounding environment. At present it appears that there are just a few “bad actors” and increased attention to climbing areas is warranted in order to interact more with the climbing community and raise awareness of Open Space Regulations 12.22.050(N) pertaining to climbing activities, which are as follows: PH1 - 5 Bishop Peak Natural Reserve Conservation Plan 2015 Update Page 6 1. Rock-climbing is permitted only within specific designated areas on city open space lands. Said areas shall be identified by the [Parks and Recreation] director, who may also make reasonable rules concerning such use, including but not limited to requirements for waivers of liability as a condition of permission for such use. 2. No person shall set or install climbing bolts in any designated climbing area without the written approval of the director. 3. The director shall appoint a committee of persons interested in climbing to advise him or her on matters affecting designated climbing areas, including but not limited to reviewing requests for new climbing routes, inspections of climbing areas, climbing bolts installed therein, or other matters pertaining to the operation and maintenance of the area. The Conservation Plan Update introduces climbing management guidelines for the first time as a way of articulating specifically to the climbing community the City’s expectations for resource protection and sustainable use of the Reserve’s cliffs and rock faces. 5. Foothill Boulevard Trail. Due to concerns of roadway safety at the unofficial trailhead at Foothill Blvd., conditions should be monitored for roadway conflicts. The City will require a formalized trailhead and parking area consistent with Chapter 8 of the Land Use Element of the General Plan (See Program 8.15 North Side of Foothill [Bishop Knoll]: “Development shall provide a parking lot and trail access to Bishop Peak.”) The junction of the bootleg trail originating at Foothill Blvd. continues to erode, presenting aesthetic concerns and trail management issues at multiple points of intersection with the summit trail. These junctions should be managed to reduce proliferation of use trails, reduce erosion, and limit impacts to surrounding vegetation. Ideally, the establishment of a new trailhead at the Bishop Knoll site would also provide an opportunity to restore and re-route sections of the upper trail as it approaches the Reserve. Any site work in this area will require close coordination with the County of San Luis Obispo. 6. Emergency Response and Ranger Access. The prior 2004 conservation plan included the consideration of emergency access as one of its goals: 3.27 The establishment of a connection road across the site for emergency and maintenance access that will eliminate the requirement for access through the Brittany Court development at the end of Highland Drive should be considered. With the current average of 2-3 calls for emergency assistance per month to the Reserve, increasing fire danger associated with the current drought, and the need to facilitate enhanced Ranger patrol, vehicle access improvements for official uses were evaluated as part of this planning process. The range of emergencies in the Reserve managed by City firefighter-paramedics spans the spectrum from twisted ankles and mild dehydration to limb threatening fractures and heart attacks. At the same time, emergency access should PH1 - 6 Bishop Peak Natural Reserve Conservation Plan 2015 Update Page 7 be minimally invasive, with limited impacts to natural resources, aesthetics and surrounding neighborhoods. With these goals in mind, staff identified a new trail section to facilitate emergency and Ranger access located just below the stock pond area of the Reserve and above Patricia Drive. This proposal entailed a new drive-able trail section that would be approximately 580 feet long and 8 feet wide, while decommissioning and restoring an approximately 620 foot section of adjacent trail switchbacks that are 4 feet wide, and re-grading a 600 foot section of existing trail that has become eroded over the years. This proposal was reviewed at the public workshop meetings, as well as by the Planning Commission. Numerous neighbors expressed strong concerns for this proposal, however, and the Planning Commission agreed. Their recommendation to the City Council is that this Conservation Plan Update should not reflect the Patricia Drive emergency access; rather, a study of different potential emergency access locations should be provided to the City Council that compares alternatives using evaluative criteria. In summary, the Emergency Access Alternatives Study looks at six different options that are evaluated using six separate criteria. The preferred alternative appears to be formally establishing the Brittany Court access that the City has historically used by permission from the controlling property owner, Mr. Felton Ferrini. Both Fire Department and Natural Resources staff have met with Mr. Ferrini in the past year and he has been clear that he is no longer willing to accommodate emergency access through Brittany Court by permission. The City does have an access easement for utilities maintenance purposes only (to access the water tank above the pond), and it appears at this time that the City would need to pursue a real property negotiation to expand the scope of the existing easement, pursuant to future City Council authorization and direction regarding price and terms. The Emergency Access Alternatives Study is included as Attachment 3. 7. Grazing. Mr. Webb Tartaglia has been the long-standing cattle operator at the Reserve in collaboration with the Ferrini family that enjoys a reserved grazing right. Mr. Tartaglia stocks fourteen mother and calf pairs each spring season. The current grazing regime has been mostly successful, and two special status botanical species identified by Terra Verde Environmental (San Luis Obispo owl’s clover and Cambria morning glory) have been prolific in grazed areas. These species appear to prefer a disturbance regime created through animal grazing impact and a decrease in competition from annual grasses and other forb species, as well as thistles and other weedy species. The prior 2004 conservation plan called for a fencing project to protect and restore the riparian area in the lower pasture. This plan includes a more clearly defined project area and planting palette in order set the stage for project implementation. Lastly, the excavation of the accumulated silt in the stock pond would not only be beneficial from a natural resources management perspective, as above, it would provide more reliable stock water supply from season to season, as well as a potential water supply source for active firefighting when aerial water drop tactics are employed. ENVIRONMENTAL REVIEW An Initial Study has been prepared that identifies several areas where potential impacts exist are in the areas of Aesthetics; Geology and Soils; Hazards and Hazardous Materials; and, Hydrology and Water Quality. These potential impacts are characterized as de minimis and are less than significant. It should be noted that the Initial Study only considers new projects that were not PH1 - 7 Bishop Peak Natural Reserve Conservation Plan 2015 Update Page 8 previously evaluated with the 2004 Plan. Staff recommends that with the findings of the Initial Study, together with incorporation by reference into the Project Description that the property will be managed in accordance with policies found in the City’s Conservation and Open Space Element of its General Plan (2006), the Conservation Guidelines for Management of Open Space Lands of the City of San Luis Obispo (2002), and the City’s Open Space Regulations (Municipal Code 12.22), the issuance of a Negative Declaration is appropriate. CONCURRENCES, ADVISORY BODY REVIEW, AND PUBLIC COMMENT City of San Luis Obispo Natural Resources Program staff, Parks and Recreation Department staff, Community Development Department staff, and Fire Department staff have reviewed components of the plan pertinent to their programs and departments and have provided their concurrence. It should be noted that the Fire Department’s concurrence is with the caveat that the City continue to pursue enhanced emergency access. The Bishop Peak Natural Reserve Conservation Plan 2015 Update also seeks to accommodate community preferences while addressing the City’s goals in the Conservation and Open Space Element. To that end: A neighborhood public meeting was held at Bishop Peak Elementary School on May 7, 2015 in order to gather neighborhood input prior to staff’s preparation of the Conservation Plan Update that was attended by approximately fifty members of the public, as well as Natural Resources, Parks and Recreation, Fire Department, and Transportation Engineering staff. A second public meeting was held on May 14, 2015 that was attended by approximately 16 members of the public, including Natural Resources, Parks and Recreation, Fire Department, and Cal Poly staff. The Planning Commission reviewed the plan and Negative Declaration at its May 27, 2015 meeting and recommended adoption, with revisions, by unanimous 6-0 vote. Draft minutes are included as Attachment 4. The Planning Commission’s final motion that reflects their recommended revisions is as follows: Multari moved, Riggs seconded, to approve the plan with these additions: address [emergency] access alternatives; do not consider a Patricia Drive-side [emergency] access; emphasize intent to encourage [transportation] mode shift in general terms consistent with the LUCE; work with neighbors on parking control solutions; clarify intent to reduce use as a tourist destination; and before the next budget is adopted, advise the City Council that the Planning Commission considers additional ranger staffing be to be a priority (Carried 5:0). The Parks and Recreation Commission reviewed the plan at its April 1, 2015 meeting and recommend adoption by a unanimous 6-0 vote. Draft minutes are included as Attachment 5. The Parks and Recreation Commission also included with their motion the following recommendation: The Parks and Recreation Commission strongly encourages the City to hire more than one new full time ranger in the 2015-17 Financial Plan. (Reiger/Baker 6-0) Throughout the course of the public workshops and advisory body hearings, Natural Resources Program staff received numerous written comments from members of the public that are PH1 - 8 Bishop Peak Natural Reserve Conservation Plan 2015 Update Page 9 included as Attachment 6. Written comments were broad in their range of discussion points and suggestions, but were primarily centered around the following concerns: the need for increased Ranger Service and Police Department patrol and adherence to Open Space Regulations; increased adherence and enforcement of parking regulations and potential new parking solutions; and, concern for the staff proposal for emergency access from Patricia Drive. Both written comments and advisory body comments and recommended revisions are addressed and are reflected in the goals and policies proposed within the Bishop Peak Natural Reserve Conservation Plan 2015 Update itself. FISCAL IMPACT Day-to-day management of Bishop Peak Natural Reserve will continue to be supported primarily through the operating budgets within the Natural Resources Program and Ranger Service. Additional support is expected from Public Works Parks Maintenance and Parking Service, the Fire Department and the Police Department. City staff developed a Capital Improvement Plan (CIP) program for major maintenance activities and improvements that are part of the 2015-17 Financial Plan’s Open Space Preservation Major City Goal; this work program includes funding for increased Ranger patrol, signage, trail maintenance work, and trailhead amenities at Bishop Peak Natural Reserve Conservation Plan 2015 Update, among other locations. City staff will also pursue grants and volunteers to augment funding for this plan’s identified projects. Overall, the fiscal impact of the Conservation Plan Update and its implementation is substantive, but has been planned for in advance through the Financial Plan process, and these investments of City funds are seen as critical to ensuring the long-term stewardship of the Reserve and avoidance of future costs associated with deferred maintenance and upkeep. ALTERNATIVES The City Council could: 1. Approve the Bishop Peak Natural Reserve Conservation Plan 2015 Update and adopt the Negative Declaration with amendments. 2. Deny the Bishop Peak Natural Reserve Conservation Plan 2015 Update and not adopt the Negative Declaration, although this is not recommended given numerous opportunities for public input and unanimous advisory body recommendations. 3. Continue the item with specific direction if more information or discussion time is required before taking action. ATTACHMENTS 1. Resolution to adopt the Bishop Peak Natural Reserve Conservation Plan 2015 Update and Negative Declaration 2. Initial Study and Negative Declaration 3. Emergency Access Alternatives Study 4. Minutes from Planning Commission meeting of May 27, 2015 (Draft) 5. Minutes from Parks and Recreation Commission meeting of June 3, 2015 (Draft) 6. Written Public Comments PH1 - 9 Bishop Peak Natural Reserve Conservation Plan 2015 Update Page 10 AVAILABLE FOR REVIEW IN THE CITY CLERK’S OFFICE AND ONLINE 1. Bishop Peak Natural Reserve Conservation Plan 2015 Update - Final Legislative Review Draft T:\Council Agenda Reports\2015\2015-07-07\Bishop Peak Natural Reserve (Codron-Hill-Otte) PH1 - 10 Attachment 1 R ______ RESOLUTION NO. ________ (2015 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE BISHOP PEAK NATURAL RESERVE CONSERVATION PLAN 2015 UPDATE AND ADOPTION OF A NEGATIVE DECLARATION WHEREAS, the City of San Luis Obispo has adopted policies for protection, management, and public use of open space lands and cultural resources acquired by the City; and WHEREAS, the City of San Luis Obispo manages twelve open space areas totaling approximately 3,500 acres, including the approximately 352-acre Bishop Peak Natural Reserve; and WHEREAS, the Planning Commission, Parks and Recreation Commission, and the general public have commented upon the Bishop Peak Natural Reserve Conservation Plan 2015 Update as it has moved through a Council-directed approval process, and staff has considered and incorporated those comments where appropriate; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: 1. Bishop Peak Natural Reserve Conservation Plan 2015 Update. The City Council hereby adopts the Bishop Peak Natural Reserve Conservation Plan 2015 Update, an official copy of which shall be kept on record with the City Clerk, based on the following findings: a. The Bishop Peak Natural Reserve Conservation Plan 2015 Update is consistent with General Plan goals and policies relating to the oversight and management of City open space areas, specifically Conservation and Open Space Element Policy 8.5.6 that calls for the development of conservation or master plans for open space properties to protect and enhance them in a way that best benefits the community as a whole; b. Implementation of the Bishop Peak Natural Reserve Conservation Plan 2015 Update will provide protection of identified natural resources and appropriate public access to the site while maintaining a majority of the site for habitat protection and enhancement; and 2. Environmental Review. The City Council hereby adopts the Negative Declaration for the project, an official copy of which shall be kept on record with the City Clerk, finding that it adequately identifies all of the potential impacts of the project and that those potential impacts identified in the areas of Aesthetics; Geology and Soils; Hazards and Hazarous Materials; and, Hydrology and Water Quality are de minimis and less than significant. PH1 - 11 Resolution No. _____ (2015 Series) Attachment 1 Page 2 Upon motion of _______________________, seconded by _______________________, and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this 7th day of July, 2015 at a duly noticed public hearing. ____________________________________ Mayor Jan Marx ATTEST: ____________________________________ Anthony Mejia 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, this ______ day of __________, _________. _______________________ Anthony J. Mejia, MMC City Clerk PH1 - 12 INITIAL STUDY ENVIRONMENTAL CHECKLIST FORM Application # GENP 1122-2015 1. Project Title: Bishop Peak Natural Reserve Conservation Plan 2015 Update 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, (805) 781 7211 Freddy Otte, (805) 781 7511 4. Project Location: Bishop Peak Natural Reserve (the “Reserve”), north of Foothill Blvd. and west of Hwy 1, in the City and County of San Luis Obispo (vicinity map attached). 5. Project Sponsor’s Name and Address: City of San Luis Obispo, City Administration Department, Natural Resources Program, 990 Palm Street, San Luis Obispo, CA 93401 6. General Plan Land Use Designation: Open Space 7. Zoning: C/OS-40 8. Description of the Project: The Bishop Peak Natural Reserve Conservation Plan 2015 Update (the “2015 Plan”) will continue to guide the management and stewardship of Bishop Peak Natural Reserve over the next ten years. It is an update of the prior Bishop Peak Natural Reserve Conservation Plan (the “2004 Plan”); as such, this Initial Study considers new projects that were not previously evaluated with the 2004 Plan. The 2015 Plan requires that the property is managed in accordance with the City’s Open Space Regulations and the Conservation and Open Space Element of the City’s General Plan. The 2015 Update proposes a variety of project opportunities to protect, restore, and enhance the property. In addition to normal management, maintenance, and monitoring of the property, particular emphasis is placed on the following management considerations: Natural Resources Protection; Scenic Resources; Erosion and Drainage; Fire Protection; and, Trails and Passive Recreation Uses. The 2015 Plan also identifies a need to evaluate options for enhanced emergency access on the north side of the Reserve in order to optimize response times and logistics. Several alternatives have been identified for enhanced emergency access; the preferred alternative would use existing infrastructure on neighboring property and would not result in any new impacts compared to implementation of the 2004 Plan. Attachment 2 PH1 - 13 INITIAL STUDY BPNR CONSERVATION PLAN 2015 UPDATE 2 9. Surrounding Land Uses and Settings: Privately-owned agricultural land and adjacent urban development. 10. Project Entitlements Requested: City Council approval 11. Other public agencies whose approval is required: None Attachment 2 PH1 - 14 INITIAL STUDY BPNR CONSERVATION PLAN 2015 UPDATE 3 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 Population / Housing Agriculture Resources Hazards & Hazardous Materials Public Services Air Quality Hydrology / Water Quality Recreation Biological Resources Land Use / Planning Transportation / Traffic Cultural Resources Mineral Resources Utilities / Service Systems Geology / Soils Noise Mandatory Findings of Significance FISH AND GAME FEES The 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 impact 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 Wildlife 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 Game, Department of Housing and Community Development). The public review period shall not be less than 30 days (CEQA Guidelines 15073(a)). Attachment 2 PH1 - 15 INITIAL STUDY BPNR CONSERVATION PLAN 2015 UPDATE 4 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. X 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 of NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Signature Date Printed Name Community Development Director Attachment 2 PH1 - 16 INITIAL STUDY BPNR CONSERVATION PLAN 2015 UPDATE 5 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 evidence 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 Attachment 2 PH1 - 17 Issues, Discussion and Supporting Information Sources   ER # GENP-1122-2015   Sources Potentially  Significant  Issues  Less Than  Significant  with  Mitigation  Incorporated  Less Than  Significant  Impact  No  Impact    INITIAL STUDY BPNR CONSERVATION PLAN 2015 UPDATE 6 1. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? 1 X 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 X c) Substantially degrade the existing visual character or quality of the site and its surroundings? 1, 9 X d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? 1 X Evaluation a) The 2015 Plan does not anticipate any new structures that would impede views or have an effect on a scenic vista; however, it does propose trail restoration, improvements and decommissioning efforts that may alter the character and appearance of existing trail sections within the Reserve.. b), c) The project site is not within a local a state scenic highway area, and does not anticipate any improvements that would damage scenic resources or historic buildings. d) Bishop Peak closes at dusk and no new lighting is anticipated or proposed by the 2015 Plan. The City has a night-sky ordinance that would apply in the event any new safety lighting is installed on the site. Conclusion Although the 2015 Plan does anticipate some ground level improvements that could change the visual character of a portion of the site, these actions are considered less than significant because they will be vegetated and and restored over time. 2. AGRICULTURE RESOURCES. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? 2 X b) Conflict with existing zoning for agricultural use or a Williamson Act contract? 1 X c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland to non-agricultural use? 1 X Evaluation a), b) and c) The project site does not include any Farmland that is considered prime, unique, or of statewide importance. There are no Williamson Act contracts that apply to the site, and no changes are proposed to the site that could result in conversion of Farmland to a non-agricultural use. Conclusion The project site is public land that is part of an existing open space system and no changes in use are proposed. 3. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? 3 X b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? 3 X Attachment 2 PH1 - 18 Issues, Discussion and Supporting Information Sources   ER # GENP-1122-2015   Sources Potentially  Significant  Issues  Less Than  Significant  with  Mitigation  Incorporated  Less Than  Significant  Impact  No  Impact    INITIAL STUDY BPNR CONSERVATION PLAN 2015 UPDATE 7 c) 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 (including releasing emissions which exceed quantitative thresholds for ozone precursors)? 3 X d) Expose sensitive receptors to substantial pollutant concentrations? 3 X e) Create objectionable odors affecting a substantial number of people? 3 X Evaluation a), b), c), d) and e). The 2015 Plan does not include any actions that would create new air quality impacts or violate any air quality standards or existing plans. Conclusion The project site is City open space bordered by open land and residential development. No changes in land use or the operations of the facility are proposed that would impact air quality in any way. 4. BIOLOGICAL RESOURCES. Would the project: 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 Wildlife or U.S. Fish and Wildlife Service? 1, 4, 9, 12 X b) Have a substantial adverse effect, on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? 1, 4, 7, 8, 9 X c) Have a substantial adverse effect on federally protected wetlands as defined in Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? 1, 4, 7, 8, 9 X 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, 4, 7, 8, 9 X e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? 1, 6, 12 X 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? 1, 6 X Evaluation a) A Plant Inventory and Wildlife Survey prepared by Terra Verde Environmental found there is the possibility that sensitive plant species according to the California Native Plant Society (CNPS) may exist near various alignments of the trail system. The 2015 Plan calls for ongoing site surveys to occur in order to ensure that impacts from trail use are avoided to the greatest extent possible, and City policy generally prohibits off-trail use. b) The project site contains limited riparian areas but will not be impacted by the 2015 Plan. Attachment 2 PH1 - 19 Issues, Discussion and Supporting Information Sources   ER # GENP-1122-2015   Sources Potentially  Significant  Issues  Less Than  Significant  with  Mitigation  Incorporated  Less Than  Significant  Impact  No  Impact    INITIAL STUDY BPNR CONSERVATION PLAN 2015 UPDATE 8 c) The project site does not contain any federal wetlands. d), e), f) The 2015 Plan does not anticipate any improvements that would be considered a barrier or otherwise interfere with migratory animals. The 2015 Plan requires compliance with all local policies and ordinances that protect biological resources in the area, and there are no other conservation plans that apply to the project site. Conclusion The project will not have significant impacts to biological resources because the 2015 Plan requires all anticipated projects to be designed in a manner that minimizes these effects. The 2015 Plan requires compliance with all local ordinances and policies established for the purpose of protecting biological resources, such as the City’s Conservation Guidelines, the Conservation and Open Space Element of the General Plan, and the City’s Open Space Regulations. 5. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the significance of a historic resource as defined in §15064.5. 1 X b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5) 1 X c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? 1 X d) Disturb any human remains, including those interred outside of formal cemeteries? 1 X Evaluation a) The project site is not considered a historic resource. b), c) The 2015 Plan does not anticipate any action that would have an adverse change on archaeological or paleontological resources. d) The City of San Luis Obispo maintains a burial sensitivity map that identifies locations of known and likely burials. The project site falls outside of the area known to be used for this purpose. The City has construction guidelines that would apply if any human remains are discovered; however, the 2015 Plan does anticipate limited excavation activities and only very limited ground disturbance and no impact to human burials is likely. Conclusion The project site has been modified and disturbed in the past, and proposed activities under the 2015 Plan are unlikely to disturb any significant cultural, archeological or paleontological resources. The 2015 Plan calls for an educational kiosk to help the public understand and interpret the history of the site and the surrounding area. 6. GEOLOGY AND SOILS. Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: 5 X 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. 5 X II. Strong seismic ground shaking? 5 X III. Seismic-related ground failure, including liquefaction? 5 X IV. Landslides? 5 X b) Result in substantial soil erosion or the loss of topsoil? 10 X c) Be located on a geologic unit or soil that is unstable, or that 10 X Attachment 2 PH1 - 20 Issues, Discussion and Supporting Information Sources   ER # GENP-1122-2015   Sources Potentially  Significant  Issues  Less Than  Significant  with  Mitigation  Incorporated  Less Than  Significant  Impact  No  Impact    INITIAL STUDY BPNR CONSERVATION PLAN 2015 UPDATE 9 would become unstable as a result of the project, and potentially result in on or off site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 1802.3.2 of the California Building Code (2007), creating substantial risks to life or property? 10 X 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? 10 X Evaluation a) The 2015 Plan does not anticipate any new structures or activities that would expose people or structures to substantial adverse effects. There is a fault zone mapped outside but proximate to the project site. b) Maintenance activities have the potential to cause erosion. Any project located in or near a drainage will have sediment and erosion control measures in place. The 2015 Plan includes policies that direct projects to be designed in a manner that minimizes the potential for soil erosion and runoff to the greatest extent possible, and some of the projects anticipated by the 2015 Plan are specifically intended to reduce sedimentation. All activities will consider proper drainage in their design and configuration, while installing erosion and sedimentation measures during the course of construction and until the site becomes revegetated. c), d), e) The 2015 Plan does not anticipate the construction of new structures that would be subject to geologic impacts. The project site does include expansive soils, but paths and other flatwork will be designed in a manner that takes the soil type into consideration and in no case would involve substantial risks to life or property. The site is served by the City of San Luis Obispo sanitary sewer system, but no sanitation facilities are proposed including septic tanks or alternative systems. Conclusion The 2015 Plan calls for drainage and erosion control strategies whenever there is any possibility of erosion, although such maintenance activities are consistent with existing activities and are less than significant. Although the location is an active seismic region and located proximate to a mapped Alquist-Priola fault, the 2015 Plan does not introduce people or structures to an area where substantial risk of harm to life or property exists. 7. GREENHOUSE GAS EMISSIONS. Would the project: a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? 1, 11 X b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? 1, 11 X Evaluation a), b) The City of San Luis Obispo has a Climate Action Plan that requires the City to evaluate actions that would lead to increased greenhouse gas emissions. The project is a plan to conserve an open space area mostly within the City limits and day to day operations of the open space will not generate, directly or indirectly, new increased greenhouse gas emissions. The 2015 Plan calls for removal of dead trees and shrubs (which emit carbon) and replacing them with native materials (which sequester carbon). Conclusion On balance, the long term positive effects of the project for increasing carbon sequestration capacity within the project site are expected to outweigh any temporary impacts that might occur from the use of equipment during maintenance activities. Attachment 2 PH1 - 21 Issues, Discussion and Supporting Information Sources   ER # GENP-1122-2015   Sources Potentially  Significant  Issues  Less Than  Significant  with  Mitigation  Incorporated  Less Than  Significant  Impact  No  Impact    INITIAL STUDY BPNR CONSERVATION PLAN 2015 UPDATE 10 8. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? X 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? X c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? X 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? X 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 for people residing or working in the project area? X f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? X g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? 9 X h) Expose people or structures to a significant risk of loss, injury, or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? 9 X Evaluation a), b), c), d), e), f), g) The 2015 Plan and ongoing preservation of the open space area will not expose people or structures to harm from hazardous materials because there are no hazardous materials on site, routinely transported through or adjacent to the site, and no handling of hazardous materials is proposed. The project site is outside of the Airport Land Use Plan area, and there is no private landing strips in the vicinity. The 2015 Plan would not impair or interfere with the City’s emergency response plans. h) The project site area contains annual grassland, chaparral, and oak woodland, as well as non-native nuisance vegetation species. A component of the City’s overall conservation planning includes the development of a Wildfire Preparedness Plan chapter. This chapter identifies the areas needing management. The impacts are considered less than significant and are also pre-existing and not effected by the 2015 Plan. Conclusion The project site is a City open space. It is adjacent to residential neighborhoods. There are no uses, past or present, that involve hazardous materials. Wildland fire impacts associated with maintaining on-site vegetation are minimal, and potential impacts are addressed through the 2015 Plan’s Wildfire Preparedness Plan. 9. HYDROLOGY AND WATER QUALITY. Would the project: a) Violate any water quality standards or waste discharge requirements? X Attachment 2 PH1 - 22 Issues, Discussion and Supporting Information Sources   ER # GENP-1122-2015   Sources Potentially  Significant  Issues  Less Than  Significant  with  Mitigation  Incorporated  Less Than  Significant  Impact  No  Impact    INITIAL STUDY BPNR CONSERVATION PLAN 2015 UPDATE 11 b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g. the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? X c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on or off site? X d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on or off site? 9 X e) Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? 9 X f) Otherwise substantially degrade water quality? X g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? X h) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? X i) Inundation by seiche, tsunami, or mudflow? X Evaluation a), b), c) The project would not negatively impact water quality standards or discharge requirements, or use groundwater supplies or interfere with groundwater recharge. The 2015 Plan envisions activities to restore and improve natural systems. d), e) and f), Maintenance activities may have the potential to cause erosion. The 2015 Plan requires that any project located in or near a drainage system will address sediment and erosion control, and such activities are less than significant. g), h), i), j) There are no projects anticipated that would place new structures within a 100-year flood plain, or impede or redirect stormwater flows. Conclusion The project would have a less than significant effect on water quality, with only minor maintenance activities anticipated. 10. LAND USE AND PLANNING. Would the project: a) Physically divide an established community? 1 X b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? 1, 6 X c) Conflict with any applicable habitat conservation plan or natural community conservation plan? 1, 6 X Evaluation Attachment 2 PH1 - 23 Issues, Discussion and Supporting Information Sources   ER # GENP-1122-2015   Sources Potentially  Significant  Issues  Less Than  Significant  with  Mitigation  Incorporated  Less Than  Significant  Impact  No  Impact    INITIAL STUDY BPNR CONSERVATION PLAN 2015 UPDATE 12 a), b), c) The project is consistent with the City’s General Plan and Conservation Guidelines and would not physically divide an established community. No land use changes are proposed and there is no habitat conservation plan currently covering the site. Conclusion There are no impacts to land use and planning associated with the project to create a natural reserve conservation plan. 11. MINERAL RESOURCES. Would the project: 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 X 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 X Evaluation a), b) The project does not involve any physical changes to the site that would impact the availability of mineral resources. Conclusion No impact to mineral resources is anticipated or likely because the project is an open space conservation plan involving minimal physical changes to the project site. 12. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? 9 X b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? 9 X c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? 9 X d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? 9 X 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 expose people residing or working in the project area to excessive noise levels? 9 X f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? 9 X Evaluation a) The 2015 Plan does not anticipate any potential new uses that its use would not exceed applicable noise standards. b), c) and d) The 2015 Plan does not anticipate and other new uses or facilities that would generate noise, or expose people to unsafe noise or ground vibration levels. e), f) The project site experiences frequent overflight, but is outside of the airport land use plan area, and farther than two miles from of a public airport. Attachment 2 PH1 - 24 Issues, Discussion and Supporting Information Sources   ER # GENP-1122-2015   Sources Potentially  Significant  Issues  Less Than  Significant  with  Mitigation  Incorporated  Less Than  Significant  Impact  No  Impact    INITIAL STUDY BPNR CONSERVATION PLAN 2015 UPDATE 13 Conclusion The 2015 Plan would involve no new day to day increases in noise that would expose people to unacceptable noise levels. The City’s Noise Ordinance applies to all activities, and ensures that temporary noise impacts are less than significant. 13. POPULATION AND HOUSING. Would the project: a) Induce substantial 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)? X b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? X c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? X Evaluation a), b), c) The project site is an open space area and there will be no population growth or displacement associated with adoption of the 2015 Plan. Conclusion No impacts to population and housing will occur with the adoption and implementation of the 2015 Plan because no housing will be constructed or displaced as part of the project. 14. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision of 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: a) Fire protection? 9 X b) Police protection? X c) Schools? X d) Parks? X e) Other public facilities? X Evaluation a), b), c), d), e) The 2015 Plan will not result in any increase in new demand for public services because it is an open space conservation plan. Conclusion The implementation of the 2015 Plan will not result in any new or altered government facilities, or changes to acceptable service ratios, response times, school enrollment, or park use. 15. RECREATION. a) Would the project increase the use of existing neighborhood or regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? 9 X 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? X Evaluation a), b) Plan implementation will enhance the natural environment of the project site as a municipal open space property, while Attachment 2 PH1 - 25 Issues, Discussion and Supporting Information Sources   ER # GENP-1122-2015   Sources Potentially  Significant  Issues  Less Than  Significant  with  Mitigation  Incorporated  Less Than  Significant  Impact  No  Impact    INITIAL STUDY BPNR CONSERVATION PLAN 2015 UPDATE 14 providing for passive recreational use. While the level of use of the project site appears to have increased since the 2004 Plan, there is nothing in the 2015 Plan that is intended to increase new use of the project site. Conclusion The 2015 Plan is anticipated to continue supporting passive recreational uses such as hiking and scenic enjoyment. However, the project will not increase new use of the facility in a way that degrades existing or planned facilities, and no impacts are anticipated from the construction of minor new facilities, such as pathways. 16. TRANSPORTATION/TRAFFIC. Would the project: a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? X b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? X c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? X d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? X e) Result in inadequate emergency access? X f) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? X Evaluation a), b), c), d), e), f) The project is adoption and implementation of a conservation plan to enhance the natural environment of the project site. Although existing traffic and parking concerns have been brought forward during the review process for the 2015 Plan, there are no new uses proposed that would conflict with traffic management plans, change air traffic patterns, create hazards due to a design feature, result in inadequate emergency access or conflict with an adopted transportation plan. Conclusion The 2015 Plan does not propose new uses that will further contribute to adverse effects on traffic or transportation. 17. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? X b) Require or result in the construction or expansion of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? X c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental X Attachment 2 PH1 - 26 Issues, Discussion and Supporting Information Sources   ER # GENP-1122-2015   Sources Potentially  Significant  Issues  Less Than  Significant  with  Mitigation  Incorporated  Less Than  Significant  Impact  No  Impact    INITIAL STUDY BPNR CONSERVATION PLAN 2015 UPDATE 15 effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new and expanded entitlements needed? X e) 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? X f) Be served by a landfill with sufficient permitted capacity to accommodate the project’s solid waste disposal needs? X g) Comply with federal, state, and local statutes and regulations related to solid waste? X a), b), c), d), e), f), g) The project would create no new demands on utilities and service systems that cannot be met with existing supplies. Conclusion The proposed 2015 Plan and its implementation will have no adverse effect on utilities or service systems. 18. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to 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, 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? X The project is expected to have an overall beneficial effect on the quality of the environment. 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 the past projects, the effects of other current projects, and the effects of probable future projects)? X There are no cumulative impacts identified or associated with the project. All of the impacts identified are less than significant and temporary in nature. c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? X The project will not have adverse effects on human being because it is an open space conservation plan for a site that is currently used for open space conservation and passive recreational purposes. Attachment 2 PH1 - 27 City of San Luis Obispo, Title, Subtitle INITIAL STUDY BPNR CONSERVATION PLAN 2015 UPDATE 16 19. 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. The Bishop Peak Natural Reserve Conservation Plan (2004) is available on the City’s website: http://www.slocity.org/government/department-directory/city-administration/natural-resources/bishop-peak-natural-reserve 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 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. 20. SOURCE REFERENCES. 1. Conservation and Open Space Element, City of San Luis Obispo General Plan (2006) 2. Farmland Mapping and Monitoring Program: http://maps.conservation.ca.gov/ciff/ciff.html 3. SLO County APCD List of Current Rules and Clean Air Plan: http://www.arb.ca.gov/drdb/slo/cur.htm 4. Summary and Results of a Plant Inventory and Wildlife Survey at Bishop Peak Natural Reserve, City of San Luis Obispo, California (Terra Verde Environmental, May 13, 2015) 5. Alquist-Priola Special Studies Zones Map: http://gmw.consrv.ca.gov/shmp/download/quad/SAN_LUIS_OBISPO/maps/SLOBISPO.PDF 6. Conservation Guidelines for Open Space Lands of the City of San Luis Obispo, City of San Luis Obispo (2002) 7. Recovery Plan for the California Red-legged Frog, USFWS (2002) 8. South-Central California Coast Steelhead Recovery Plan, NOAA (2013) 9. Legislative Review Draft, Bishop Peak Natural Reserve Conservation Plan 2015 Update. City of San Luis Obispo (2015) 10. Soil Survey of San Luis Obispo County, Coastal Part, USDA Soils Conservation Service (1984) 11. City of San Luis Obispo Climate Action Plan, City of San Luis Obispo (2012) 12. City of San Luis Obispo Municipal Code, Open Space Regulations, 12.22 (1998) Attachments: 1. Vicinity map with aerial photograph 2. Topographic site map Attachment 2 PH1 - 28 City of San Luis Obispo, Title, Subtitle INITIAL STUDY BPNR CONSERVATION PLAN 2015 UPDATE 17 ATTACHMENT 1: Vicinity map with aerial photograph Attachment 2 PH1 - 29 City of San Luis Obispo, Title, Subtitle INITIAL STUDY BPNR CONSERVATION PLAN 2015 UPDATE 18 ATTACHMENT 2: Topographic site map Attachment 2 PH1 - 30     Bishop Peak Natural Reserve Emergency Access Alternatives Study Prepared for: City Council City of San Luis Obispo Prepared by: Robert A. Hill, Natural Resources Manager In consultation with: Garret Olson, Fire Chief Jeff Gater, Deputy Fire Chief Doug Carscaden, Senior Ranger June 2015 Attachment 3 PH1 - 31 Bishop Peak Natural Reserve – Emergency Access Alternatives Study    1    Background Bishop Peak Natural Reserve (“the Reserve”) is a 352-acre property located in the northwest part of the City and County of San Luis Obispo. Management of the Reserve as municipal open space has been guided by the Bishop Peak Natural Reserve Conservation Plan (2004) in accordance with policies set forth in the Conservation and Open Space Element of the City’s General Plan, as well as the Conservation Guidelines for Open Space Lands of the City of San Luis Obispo (2002,) in order to ensure the best long-term stewardship and protection of the Reserve’s natural resource conservation values, while also accommodating passive recreational uses where compatible and appropriate. At the same time, the City’s Safety Element, at Policy 9.1 regarding Emergency Preparedness and Response, states: “There should be adequate planning, organization, and resources for emergency preparedness and emergency response.” The City Council-adopted Bishop Peak Natural Reserve Conservation Plan (2004) called for the creation of what was called “the continuous loop” through the Reserve that would connect the northern side of the Reserve to the primary trailhead access areas taken from Highland Drive and Patricia Drive for emergency access and maintenance purposes. Today, the continuous loop utilizes the City’s access easement from Bridle Ridge Road located off of Highway 1, the Felsman Loop trail, and a newer section of drive-able trail that was installed in 2005 leading from the junction of Felsman Loop and the Bishop Peak summit trail down past the water tank to the stock pond area. The continuous loop was also considered for an extension down from the stock pond area to the Patricia Drive trailhead, but this portion of the alignment was not adopted in 2004 as the City had historically been able to utilize access through the private Brittany Court cul-de-sac located at the top of Highland Drive by permission from the controlling owner, Mr. Felton Ferrini. It appears that the City recognized at that time that this arrangement was intended to be temporary since it relied on permission-based access, based on the following goal statement contained in the 2004 plan: 3.27 The establishment of a connection road across the site for emergency and maintenance access that will eliminate the requirement for access through the Brittany Court development at the end of Highland Drive should be considered. In the subsequent years, the City’s use of Brittany Court increased as calls for emergency response increased to the present level of 2 to 3 calls per month. In the past year, Mr. Ferrini has let us know that he no longer intends to allow access through Brittany Court for emergency medical response. Staff has evaluated the deeds, resolutions, and conditions of approval by which the Brittany Court parcel map was created, and finds no record that Mr. Ferrini has any obligation to provide access for this purpose (the City does have an access easement for utilities maintenance purposes only). At the present time, emergency response companies from both City Fire and CalFire rely on two access points which are often used in tandem; these are the Bridle Ridge Trail access easement, and access through the Madonna Ranch located off of Foothill Blvd. Bridle Ridge is considered sub-optimal due to the length and terrain resulting in substantive additional response time, while the Madonna Ranch access used for incidents on the south side is currently effective, although as trail conditions have deteriorated above this point, extrications have become increasingly more challenging from a logistical standpoint. The range of emergencies contemplated for response by City firefighter-paramedics spans the spectrum from twisted ankles and mild dehydration to limb threatening fractures and heart attacks. Subjects with head, neck, or back trauma or immediately life-threatening injuries will typically be extricated by helicopter, while active fire-fighting will take any available access, as well as utilize aerial suppression tactics when available through the City’s mutual aid arrangements with the State of California. With this background in mind, as staff began preparation of the Bishop Peak Natural Reserve Conservation Plan 2015 Update, a proposal for a new trail section to facilitate emergency and Ranger access located just below the stock pond area of the Reserve and above Patricia Drive Attachment 3 PH1 - 32 Bishop Peak Natural Reserve – Emergency Access Alternatives Study    2    was brought forth for consideration. This proposal was reviewed at the public workshop meetings, as well as by the Planning Commission, that were associated with the 2015 Update process. Numerous neighbors expressed strong concerns for this proposal, however, and the Planning Commission agreed. Their recommendation to the City Council was that the Conservation Plan Update should not reflect the Patricia Drive emergency access; rather, a study of different potential emergency access locations should be provided to the City Council that compares alternatives using evaluative criteria. This brief study is intended to respond to the Planning Commission’s direction. Study Methods and Evaluative Criteria City staff consisting of Natural Resources Manager Robert Hill, Fire Chief Garret Olson, Deputy Fire Chief Jeff Gater, and Senior Ranger Doug Carscaden met on several occasions to discuss potential emergency access alternatives. This included both mapping review in the office, and field reconnaissance in order to “ground truth” the various alignments that had been identified. Field conditions such as slope, soils, obstacles, and sensitive resource values were identified where possible. From these field visits, a series of maps were created using Geographic Information Systems software in order to depict the proposed alignments cartographically, as well as to calculate total distances and areas of potential disturbance. The intent of this study is to provide a high level look at potential alternatives, while recognizing that ultimately additional analysis should be provided such as visual impact analysis, site-specific biological analysis, and detailed cost estimates. It is also recognized that this study, for the most part, relies primarily on subjective, qualitative assessments. The following evaluative criteria were identified: 1. Uses existing infrastructure. Does the alternative utilize existing roads, gates or other previously improved areas, in whole or in part? 2. Project cost. Are project implementation costs, including real property land tenure, expected to be in the range of less than $50,000, between $50,000 and $100,000, or more than $100,000? 3. New environmental impacts. Are environmental impacts expected to be potentially significant in one or more areas, e.g. aesthetics, biological, soils and hydrology, etc.? 4. Land tenure. Does the City enjoy land tenure necessary to implement the project alternative, or will it have to rely on a successful real property negotiation with another party? How likely is a successful outcome to be? 5. Optimizes response times. Does the alternative substantially improve response times compared to status quo? 6. Geographic location. Does the alternative result in emergency access located at a portion of the Reserve that is desired? 7. Multiple benefits. Does the alternative accrue other benefits, such as Ranger patrol, maintenance utility, or improved trail experience for the recreational user? Attachment 3 PH1 - 33 Bishop Peak Natural Reserve – Emergency Access Alternatives Study    3    Summary Evaluation Matrix The table below highlights the alternatives that were identified by staff and provides a “snap shot” comparison of those alternatives for the purposes of this study. Each alternative is then described and mapped on the following pages. As noted above, the ranking of the alternatives presented here is subjective, and should any of them be deemed to warrant further consideration, additional technical studies and cost estimation should be completed, as well as separate environmental review. Ultimately, inclusion of a new emergency access point other than the status quo or Brittany Court would also require an amendment of the Bishop Peak Natural Reserve Conservation Plan through an appropriate public review process. Attachment 3 PH1 - 34 Bishop Peak Natural Reserve – Emergency Access Alternatives Study    4    Status Quo, Map 1 of 2 This access enters through a locked gate off of Foothill Blvd. through the private Madonna Ranch. It is considered to be a functioning access point for emergency response to incidents on the south side of the Reserve. Both City and CalFire emergency response companies are well- acquainted with this access point, which provide a staging area off of Foothill, as well as the ability to reach the approximately 800’ elevation at the brush line with a Type III engine. It should be noted, however, that foot travel from the high point of the access to the Bishop Peak summit trail is difficult and awkward for response personnel when utilizing various extrication techniques due to the steep and erosive terrain. This access is by accommodation permission from Mr. John Madonna, although this appears to be a stable circumstance at present. Attachment 3 PH1 - 35 Bishop Peak Natural Reserve – Emergency Access Alternatives Study    5    Status Quo – Map 2 of 2 This access point is deemed to be functional, although sub-optimal due to the substantially longer response times (approx. 15 minutes longer) compared to other alternatives. It utilizes an access easement provided by Mr. Ray Bunnell that was acquired along with the 108-acre parcel that is now part of the Reserve. Geographically this access point is further away, while it also requires entry through two separate gates and it is narrow and at times steep terrain requiring slow travel. Access becomes unfeasible following substantial rains. Aside from emergency medical response, this access point has proven to be very important for fire response with several localized fire events having occurred in recent years in the back portion of the Felsman Loop area. Attachment 3 PH1 - 36 Bishop Peak Natural Reserve – Emergency Access Alternatives Study    6    Patricia Drive Trail Re-Route Alternative This alternative involves a new section of new drive-able trail located just below the stock pond area of the Reserve. It would be approximately 580’ long and 8’ wide, while decommissioning and restoring an approximately 620’ section of adjacent trail switchbacks that are 4’ wide, and re-grading a 600’ section of existing trail that has become eroded over the years. Of the new alternatives presented in this study, this alternative entails the shortest length of new access alignment. It would traverse across an area that has been identified to contain the rare plant Cambria morning glory, and it was also noted by neighbors to potentially have an aesthetic impact that warrants further study and analysis. The City enjoys all necessary land tenure, and could implement the project at a cost between $35,000 and $50,000 based on preliminary contractor estimates. It would provide guaranteed access and improve response times compared to the Bridle Ridge status quo access, although it still requires entry through two separate gates. Attachment 3 PH1 - 37 Bishop Peak Natural Reserve – Emergency Access Alternatives Study    7    Brittany Court Alternative This alternative is located entirely on private property controlled by Mr. Felton Ferrini. As Mr. Ferrini has indicated to staff that he is no longer willing to allow the City to use Brittany Court for emergency response purposes, it is assumed that a real property negotiation would be required (subject to City Council authorization and direction regarding potential price and terms) to expand the scope of the City’s existing access easement that allows for utilities maintenance access only. Should such a negotiation be successful, however, this access is clearly preferred as it entails use of existing infrastructure in its entirety and would have no new significant environmental impacts. Attachment 3 PH1 - 38 Bishop Peak Natural Reserve – Emergency Access Alternatives Study    8    Highland Drive Alternative This alternative involves a new section of drive-able trail and an expansion of existing trail beginning near the top of Highland Drive. It would be approximately 830’ long and 8’ wide. It would provide response times similar to the Brittany Court alternative, although it would likely require a real property negotiation with Mr. John Madonna (subject to City Council authorization and direction regarding potential price and terms) in order to make it accessible to emergency vehicle use. It is deemed to be one of the more expensive and environmentally impactful alternatives. Ostensibly, it is a side route to the Brittany Court access with the same start point and the same end point. Attachment 3 PH1 - 39 Bishop Peak Natural Reserve – Emergency Access Alternatives Study    9    Foothill / Bishop Knoll Alternative This alternative relies on the Bishop Knoll project contemplated in the City’s Land Use and Circulation Element (see Program 8.15 North Side of Foothill [Bishop Knoll]: “Development shall provide a parking lot and trail access to Bishop Peak.”). It would also require a real property negotiation with Mr. John Madonna (subject to City Council authorization and direction regarding potential price and terms) for the portion that would cross his family’s private ranch property. Although bringing forward and formalizing this access may be desirable from a trailhead and parking standpoint due to its ability to spread the impacts of trailhead use in other areas of the Reserve, it doesn’t improve emergency access compared to status quo options (see Map 1 of 2).    Attachment 3 PH1 - 40 Bishop Peak Natural Reserve – Emergency Access Alternatives Study    10    “Tank to Junction” Alternative This alternative involves a new section of drive-able trail beginning above the water tank proximate to Anacapa Circle and Patricia Drive. It would be approximately 1,600’ long and 8’ wide. Although it would provide guaranteed access and response times similar to the Patricia Drive Re-Route alternative, it is deemed to be the most expensive alternative, as well as the most environmentally impactful. Attachment 3 PH1 - 41 THIS PAGE IS INTENTIONALLY LEFT BLANK PH1 - 42 DRAFT SAN LUIS OBISPO PLANNING COMMISSION MINUTES May 27, 2015 CALL TO ORDER/PLEDGE OF ALLEGIANCE ROLL CALL: Commissioners Hemalata Dandekar, Ronald Malak, William Riggs (arrived 6:09 p.m.), Vice-Chairperson Michael Multari, and Chairperson John Larson Absent: Commissioners Michael Draze and John Fowler Staff: Deputy Community Development Director Doug Davidson, Senior Planner Phil Dunsmore, Supervising Civil Engineer Hal Hannula, Transportation Operations Manager Jake Hudson, Assistant City Attorney Jon Ansolabehere, and Recording Secretary Erica Inderlied ACCEPTANCE OF THE AGENDA: The agenda was accepted as presented. MINUTES: Minutes of May 13, 2015 were approved as amended. PUBLIC COMMENTS ON NON-AGENDA ITEMS: There were no comments from the public. PUBLIC HEARINGS: 1. 250 Tank Farm Road. TR 62-14: Review of a tract map to create 35 commercial lots, including a Mitigated Negative Declaration of Environmental Impact; CS-SP zone; Coker Ellsworth Development, LLC, applicant. Phil Dunsmore, Senior Planner, presented the staff report, recommending that the Commission adopt a resolution recommending that the City Council adopt a resolution approving the tract map subject to findings and conditions including the adoption of a Mitigated Negative Declaration of Environmental Review, which he outlined. Commr. Riggs arrived at 6:09 p.m. Transportation Programs Manager Hudson and Natural Resources Manager Hill responded to Commission inquiry regarding transit stops and open space conservation, respectively, Coker Ellsworth, owner, summarized the history of the project. PUBLIC COMMENTS: Mila Vujovich-LaBarre, SLO, noted concerns about the project relating to construction, particularly on agricultural land, during the drought, and about Caltrans and the Airport Attachment 4 PH1 - 43 Draft Planning Commission Minutes May 27, 2015 Page 2 Land Use Commission’s known issues with the City’s Land Use and Circulation Element. There were no further comments from the public. COMMISSION COMMENTS: Dandekar noted concerns relating to construction upon agricultural land and the apparent inability of the City to achieve 1:1 offset of compromised open space or agricultural lands under current policy structures; requested the addition of a condition requiring the developers to preserve farm land of equal size and quality in a permanent conservation easement, or pay in-lieu fees. Vice-Chair Multari commented that the amount of any such fees would be subject to evaluation by the Natural Resources Manager. Commr. Malak noted concern about the percentage of lot coverage by hardscape; spoke in support of increased open space in landscaping within the project. There were no further comments from the Commission. On motion by Vice-Chair Multari, seconded by Commr. Dandekar, to adopt a resolution recommending that the City Council adopt a resolution approving the tract map subject to findings and conditions including the adoption of a Mitigated Negative Declaration of Environmental Review, with the following revisions: A. Findings Section 1., Item 3., shall be amended to read: “[Larson’s wording with 3 shorter sentences. Wording at 7:45].” B. Planning Condition 9. shall be added, to read “[language regarding “all new uses,” in accordance with the ALUC Handbook.]” C. Planning Condition 10. shall be added, to read “[Hemalata’s language, requiring 1:1 preservation in a conservation easement, or payment of in lieu fees to the satisfaction of the Natural Resources Manager]. Something along the lines of… Developer shall submit a plan consistent with the AASP to preserve farm land of equal size and quality in a permanent conservation easement, or pay in-lieu fees, to the satisfaction of the Natural Resources Manager.” Exact wording at 7:46 AYES: Commrs. Multari, Dandekar, and Larson NOES: Commrs. Malak and Riggs RECUSED: None ABSENT: Commrs. Draze and Fowler The motion passed on a 3:2 vote. Attachment 4 PH1 - 44 Draft Planning Commission Minutes May 27, 2015 Page 3 On motion by Commr. Malak, seconded by Chair Larson, to eliminate Planning Condition 10. AYES: Commrs. Malak and Larson NOES: Commrs. Dandekar, Riggs, and Multari RECUSED: None ABSENT: Commrs. Draze and Fowler The motion failed on a 2:3 vote. The Commission recessed at 7:50 p.m. and reconvened at 8:06 p.m. with all Commissioners present. 2. 3 Highland Drive. GENP-1122-2015: Review the Bishop Peak Natural Reserve Conservation Plan update, including a Mitigated Negative Declaration of Environmental Impact; C/OS-40-PD zone; City of San Luis Obispo, applicant. Robert Hill, Natural Resources Manager, and Freddy Otte, City Biologist, presented the staff report, recommending that the Commission recommend to the City Council that the Bishop Peak Natural Reserve Conservation Plan 2015 Update and an Environmental Determination/Negative Declaration be adopted, based on findings which he outlined. PUBLIC COMMENTS: Carolyn Huddleston, ECOSLO Board Member, Templeton, summarized activities of the Natural San Luis and SLO Stewards program; commented that overuse, and lack of enforcement and education, have key negative impacts upon the open space. David Blakely, neighboring property owner, SLO, noted concern about the planned location of emergency access routes and the lack of available ranger staff. Joanne Ruggles, neighboring property owner, SLO, commented on her experience constructing a home in the vicinity of Bishop Peak; spoke in opposition to the location of the proposed emergency access road. Mila Vujovich-LaBarre, neighboring property owner, SLO, commented on the need for effective signage and emergency procedure education; spoke in opposition to the proposed emergency access road. Barry Epperson, neighboring property owner, SLO, commented on the importance of emergency access for the Peak, particularly on the Foothill Boulevard side; spoke in opposition to the proposed location of the emergency access road. Carol Hall, neighboring property owner, SLO, commented on negative impacts experienced in the neighborhood from disrespectful trail patrons. There were no further comments from the public. Attachment 4 PH1 - 45 Draft Planning Commission Minutes May 27, 2015 Page 4 COMMISSION COMMENTS: Commr. Riggs spoke in support of adding parking/traffic controls to the "good neighbor" section of the Plan, attempting demand reduction, and incentivization of public transit; requested clarification of language relating to discouragement of tourism, removing the reference to “publications”; suggested that night hiking be allowed in other areas of the City to satisfy demand. Transportation Operations Manager Hudson responded to Commission inquiry regarding traffic calming measures. Commr. Dandekar spoke in support of staff exploring all options for emergency access in the Plan. Vice-Chair Multari spoke in opposition to the proposed road location; spoke in support of additional ranger staff, clarification of language relating to discouragement of tourism, and encouragement in general terms of transportation mode shift over time. Commr. Malak concurred; noted support for parking controls, additional ranger staffing, and allowing night hikes in certain areas. Natural Resources Manager Hill clarified that allowing night hikes under a City pilot program would require a municipal code amendment. There were no further comments from the Commission. On motion by Vice-Chair Multari, seconded by Commr. Riggs, to recommend to the City Council that the Bishop Peak Natural Reserve Conservation Plan 2015 Update and an Environmental Determination/Negative Declaration be adopted, with the following revisions: A. Address emergency access alternatives in the Plan, analyzing the pros, cons, costs and constraints of each in a matrix; B. Do not consider a Patricia Drive-side access; C. Emphasize the City’s intent to encourage transportation mode shift, in general terms, consistent with the LUCE; D. City staff shall work with neighbors on parking control solutions; E. Clarify the intent to reduce the site’s use as a tourist destination; F. Prior to adoption of the next budget, advise the City Council that the Planning Commission considers additional ranger staffing be to be a priority. Attachment 4 PH1 - 46 Draft Planning Commission Minutes May 27, 2015 Page 5 AYES: Commrs. Multari, Riggs, Dandekar, Malak, and Larson NOES: None RECUSED: None ABSENT: Commrs. Draze and Fowler The motion passed on a 5:0 vote. COMMENT AND DISCUSSION: 3. Staff a. Deputy Community Development Director Davidson gave a forecast of upcoming agenda items, noting that the June 10, 2015 meeting will be cancelled. 4. Commission Chair Larson noted for the record the importance of addressing the Commission’s role in water conservation planning and policy in the near future. ADJOURMENT: The meeting was adjourned at 10:08 p.m. Respectfully submitted by, Erica Inderlied Recording Secretary Attachment 4 PH1 - 47 THIS PAGE IS INTENTIONALLY LEFT BLANK PH1 - 48 City of San Luis Obispo, Title, Subtitle 1 Council Chambers 990 Palm Street San Luis Obispo, CA 93401 Wednesday, June 3, 2015, 5:30 p.m. CALL TO ORDER: Chair Whitener called the meeting to order at 5:30 p.m. ROLL CALL: Chair Jeff Whitener, Vice Chair Ron Regier and Commissioners Ryan Baker, Susan Olson, Michael Parolini, Douglas Single and Susan Updegrove ABSENT: Michael Parolini COUNCIL: None STAFF: Shelly Stanwyck, Melissa Mudgett, Rich Ogden, Bob Hill, Doug Carscaden, Freddy Otte Public Comment Cathy Marvier, San Luis Obispo Resident and regular senior user of the Sinshiemer therapy pool several times per week, addressed her concern about younger children interfering with water therapy sessions during the midday hours. She asked the Commission to consider a dedicated time for deep- end therapy and adjust slightly the hours of therapy pool during the time of year that Rec Swim is open and an alternative for children and their parents is available. Director Stanwyck responded that a temporary change to the hours, on a pilot basis, could be accommodated for a several weeks at the start of the summer session. During the pilot will solicit user feedback about the change and will report back to the Commission. 1. CONSIDERATION OF MINUTES (Committee) Motion: (Olson/Updegrove) Approve Meeting Minutes of May 6, 2015 as amended. Approved: 6 yes: 0 no: 1 absent 2. CONSIDERATION OF AND RECOMMENDATION TO COUNCIL REGARDING: UPDATE OF BISHOP PEAK CONSERVATION AND OPEN SPACE PLAN (Hill) Natural Resources Manager (Bob Hill) and City Biologist (Freddy Otte) presented to the Commission an update of the Bishop Peak Conservation and Open Space Plan. Staff Hill reminded the Commission that there were two public meetings held in May for community feedback. Last week review with the Planning Commission resulted in additional Commission recommendations as follows;  Address emergency access alternatives  Remove consideration of Patricia Drive access location  Encourage transportation mode shift  Continue work with neighbors on parking control  Do not promote Bishop Peak as a tourist destination Meeting Minutes Parks and Recreation Commission Attachment 5 PH1 - 49 City of San Luis Obispo, Title, Subtitle 2  Add additional Ranger staffing as a priority Hill noted that the Bishop Peak Natural Reserve has several unique features such as historic rock climbing areas; grazing rights, horseback riding, single-use trails for hiking only (no mountain biking), memorial benches, two water tanks and a stock pond. He emphasized that the 2015 plan is an update of the existing 2004 conservation plan. Currently there is a total of 7,000 acres in the City’s open space program. Bishop Peak open space is comprised of 352 acres and has approximately 4.1 miles of trails with two authorized trailhead access points. Staff Hill reported that on an average weekday, Bishop’s Peak has 400 users and increases to 1,000 users on the weekends. Staff shared photo monitoring comparisons from 2004 to current. City Biologist, Freddy Otte, presented to the Commission an overview of animal and species habitat that occupy Bishop Peak open space.. The updated plan addresses erosion and widening issues of Bishop Peak trails, added trail signage along trails and at trailheads. . Hill added that Natural Resources staff will continue to work with Transportation City staff and neighbors to address traffic calming issues and parking circulation in accordance with transportation standards. He clarified for the Commission that the future designation of Bishop Knoll property, should future develop occur, would be the consideration of a special project area for trailhead parking along Foothill Blvd. Staff will continue with a proactive outreach and promotion of partnership efforts through City’s Good Neighbor Policy. Staff Hill reminded the Commission that rock climbing is only allowed in specific areas and there will be a continued outreach and education effort with the climbing community. Commission Comment Commissioner Olson asked for clarification of emergency response times. Staff Hill responded that most incidents occur on south side and that the Fire Department’s (Station 3) historical access has been at top of Highland Drive (through Brittany Court, access through with has recently been revoked by the property owner). He continued that the Planning Commissions’ recommendation was to remove Patricia Drive as an improved emergency access point. Commissioner Single asked of there was a sign at Foothill Boulevard informing users of the unauthorized entrance and if there was any plans to close this location to access. Staff Hill responded that property owner’s sign informing users of trespassing on private property often gets removed. He added that there could be a future opportunity for the development of the Bishop Knoll property which would designate the Foothill Boulevard location as an approved access point. Vice Chair Regier asked Staff Hill to further explain Planning Commissions’ recommendations. Staff Hill responded that he will continue to work with neighbors on parking controls and demand reduction alternatives through a transportation mode-shift, such as provided bike racks at trailhead and transit-to-trails phone application. He added that he believed parking districts limits two parking spaces per property. Vice Chair Regier asked about additional Ranger staffing recommendation by the Planning Commission. Staff Doug Carscaden shared that, as part of the City’s Major City Goal for Open Space Maintenance, staff is proposing one new full-time Ranger position and temporary staffing. City Council will be receiving this recommendation as part of the 2015-17 Financial Plan budget hearings in June. The current Ranger staff positions are focused on patrol of open space, 35 parks, creeks and illegal encampments. Staff Carscaden said that citations are focused on education and compliance. Attachment 5 PH1 - 50 City of San Luis Obispo, Title, Subtitle 3 Public Comment Dave Blakey, a San Luis Obispo resident, thanked staff for their efforts. He asked the Commission to receive the community’s feedback and strongly advocate for additional Ranger staff. He shared his opinion in support of removing the Patricia Drive location as an access point. Barry Epperson, a San Luis Obispo resident and a self-described “outdoor addict”, said that trail incidents mainly occur on the south side and he encouraged the development of the Bishop Knoll property for trail access and parking to be included in the 2015 Conservation Plan update. He asked Commission to recommend to Council additional Ranger staffing. Carolyn Huddleston, resident of Templeton and Board of Directors for EcoSLO, communicated with Commission about the existing partnership with the City and EcoSLO for docent led hikes and workdays for trail maintenance. She offered the use of the SLO Stewards newsletter as a way to promote education of users and good trail stewardship. She would like to see the Commission seek a goal of one Ranger staff for every 1,000 preserved open space acres. She added that optimally she would like to see 7-8 Ranger staff for the program. Phillip Ruggles, Patricia Drive resident, thanked Staff Hill for his Conservation Plan efforts. He asked the Commission to support institution of a hiking program to better track trail use and hold users accountable. He asked Commission to recommend to Council additional 7-8 Ranger staff. Harry Busselen, Skyline Drive resident, said that having 100,000 users annually and the future expansion and development of Cal Poly is having a significant impact on the City’s open space. The impact is diminishing this open space asset as the community is “loving it to death”. Commission Comment Vice Chair Regier said he comfortable with Planning Commission recommendations and supports the increase of more than one additional of Ranger staff. He would like to see the City pursue options for parking to relieve current pressures on the neighborhoods. Commissioner Olson said she is concerned about the timely response of emergency responders to incidents. She would support additional parking options as well as the addition of Ranger staff. Commissioner Updegrove supports addition of Ranger staff and improved trail signage. She is concerned with trash receptacles and doggy bags as this is not in support of ecological mindset of “pack in – pack out”. She would like to see better programs on community education. Commissioner Baker said he supported additional Ranger staff and improved trail signage. Director Stanwyck shared with the Commission an overview of the Major City Goal budget request which is recommending one additional Ranger staff Chair Whitener expressed that the City has been successful in acquiring open space without additional staff for maintenance. Director Stanwyck responded that current and future land acquisitions will include the identification of additional staff resources. Motion: (Regier/Updegrove) The Parks and Recreation Commission recommend to the City Council adoption of the Bishop Peak Natural Reserve Conservation Plan 2015 update. Attachment 5 PH1 - 51 City of San Luis Obispo, Title, Subtitle 4 Approved: 6 yes: 0 no: 1 absent Motion: (Regier/Baker) The Parks and Recreation Commission strongly encourages the City to hire more than one new full time ranger in the 2015 -17 Financial Plan. Approved: 6 yes: 0 no: 1 absent 3. COMMUNITY INPUT FOCUS: LAGUNA LAKE GOLF COURSE UPDATE (Stanwyck, Mudgett, Ogden) The Director of Parks and Recreation (Shelly Stanwyck), Recreation Manager (Melissa Mudgett) and the Recreation Supervisor (Rich Ogden) presented to the Commission an update on the Laguna Lake Golf Course. Director Stanwyck reminded the Commission about the reasons for the Golf Program reorganization, which included preparation for a key retirement, a sharing of resources, an increase of services offered to seniors, an intended focus on maintenance and programming, an increase to new programming efforts and providing effective and sustainable operations of the course. Staff Mudgett said the final phase of the reorganization and approval of the proposed additional Golf Programs Coordinator position would be presented to the City Council in June as part of the City’s budget hearings. She added that if the proposed position is approved, recruitment would begin in July-August with hiring anticipated in September. Staff Ogden shared with the Commission an update about the current Golf Course Operations Survey. The intent of the survey is to learn more about the Pro Shop operations and identify user needs and desires. Staff Ogden presented to the Commission an overview of survey questions and early survey results received thus far. The operations survey will remain open until the end of June. Public Comment Ruth Starr, long-time resident of the Laguna Lake Golf Course and former course employee, communicated with the Commission her past work experiences and her love of the golf course program. She asked the Commission to allow her to continue the sale of used golf club merchandise at the course while staff continues to analyze survey feedback and decisions are made about future course merchandising. Commission Comment Chair Whitener thanked Ms. Starr for her continued service and support of the Laguna Lake Golf Course. 4. UPDATE ON THE IMPLEMENTATION OF THE LAGUNA LAKE NATURAL RESERVE CONSERVATION PLAN COMMUNITY INPUT (Hill) Hill provided the Commission an update on the implementation of the Council approved Laguna Lake Natural Reserve Conservation Plan. Years 1-3 are the implementation phases and include dredging and sediment management strategies. The early implementation program includes improved signage and ADA accessible trail path as recommended by City Council. Key components of the early implementation work program includes work to create sediment basins and repair erosion, update of soil samples, sediment removal plan, disposal of sediment, eradication of non- native invasive species (salt cedar). Hill added that there will be continued meetings with Friends of the Laguna Lake who have expressed concerns that funding not allocated in the out years of the Capital Improvement Program for these projects. Hill reiterated Council’s commitment for the implementation of the Laguna Lake Natural Reserve Conservation Plan. Attachment 5 PH1 - 52 City of San Luis Obispo, Title, Subtitle 5 Commission Comments Vice Chair Regier asked if there have been any unforeseen concerns. Hill shared that there have been some issues with the dry basin and people getting stuck in the mud. Public Comment None 5. DIRECTOR’S REPORT (Stanwyck) Director Stanwyck provided a brief update, in the interest of time, on current Parks and Recreation programs. She said that this is a great time of year for Parks and Recreation with school ending and readying for summer camp. Last day of school is June 11th. Recreation Department highlights are as follows:  Recreation Sports have Jr. Giants starting this summer. This program allows youngster to play baseball for free. Practices are weekdays at Emerson Park with Saturday games at Throop Park.  So far, Triathlon has over 800+ participants registered. Triathlon is on July 26th  The City is hosting its first Friday Skate Night at SLO Skate Park which is geared towards youngsters (12 years and under) during the summer. 6. SUBCOMMITTEE LIAISON REPORTS  Adult and Senior Programming: Commissioner Baker reported 77 teams have registered for Adult Summer Softball and practice started Monday. The Santa Rosa ballfield netting is anticipated for installment this summer. He added that Pickleball is being played at the LCC and Meadow Park. The Senior Center Active Exercise class had a record number of participants. He shared that the Senior Center was advising of increased transient activity in Meadow Park. In addition, the Senior Center Executive Board was awarded the Senior Programs for 2015 by the Area Agency on Aging.  Bicycle Advisory: Vice Chair Regier said he did not attend the meeting and there was no report.  City Facilities (Damon Garcia, Golf, Pool & Joint Use Facilities): Commissioner Parolini was absent. No Report.  Jack House Committee: Commissioner Updegrove left early. There was no report provided.  Tree Committee: Commissioner Olson reported on 3 tree removals and shared an interesting proposal where the Home Owner’s Association recommended tree removal but the Homeowner opposed. She reminded the Commission about the purpose of Tree Committee reviews as trees may be located on private property but really considered a City tree.  Youth Sports: Commissioner Single reported about discussions on field use and scheduling. He noted that the group works together cohesively. He said the group recommended some field improvements for Damon Garcia Sports Complex. 7. COMMUNICATIONS Chair Whitener said the Water Response Strategy was provided by the Utilities Director, Carrie Mattingly. He would be happy to share this information with the Commission. Commission Single asked if Meadow Park softball field could be watered during drought restrictions. Director Stanwyck said conservation strategy was to continue watering play areas. Attachment 5 PH1 - 53 City of San Luis Obispo, Title, Subtitle 6 Adjourned at 8:30 pm to the July 1, 2015 Regular Meeting located in the Council Chambers at 990 Palm Street, San Luis Obispo at 5:30pm. Approved by the Parks and Recreation Commission on __________________. ________________________________________________ Melissa C. Mudgett, Parks and Recreation Department Manager Attachment 5 PH1 - 54 Attachment 6 Written Public Comment Attachment 6 PH1 - 55 James A. (Jack) Cashin & Felicia M. Cashin One Highland Drive San Luis Obispo, CA 93401 (805) 748-4883 March 22, 2015 San Luis Obispo City Council: It is once again time to write to my City Council for San Luis Obispo on the happenings at upper Highland Drive and Bishop Peak. It seems there are more hikers than ever before. Even worse, they are families, which mean more children and pets. Total lack of any concern about the danger of the blind curves. Following is some of my observations over the last few weeks. 1. A woman walking up the street with a two wide baby stroller complete with babies. 2. I understand there was a traffic incident last week. Someone took off the door of a parked car. There has been a tremendous increase in the number of doors lift open of late. 3. People are not walking facing the traffic. The up side of the road offers very little space. As the driver, if I do not want to cross over the yellow line, I must hug the curb. There is no room for people. In spots, there is no room for the walkers to step up on the curb to get out of the way because of vegetation. 4. As I came around the curve at 2 Highland directly in front of me were three young boys walking on the street. Thank goodness I was driving slow and they moved fast. Just luck. 5. A few days later, I experienced three different groups of people walking up the hill going with traffic. When they realized a car is coming they disbursed in all directions. Several ran in front of a car coming down the hill. 6. Because these are younger families, they are starting to have one person drive them up to the cul de sac. Then they stop and start to unload. Meanwhile other cars are coming up. I observed four cars in a row waiting to unload or pick up hikers. That created a dangerous traffic jam. 7. Now they get back down to the bottom of the path and someone goes off to get the car. We now have standing hikers, bored kids and loose dogs waiting for the car to get back. th 8. On my way down this morning, there was a family of four standing directly past the blind curve between 2 and 1A Highland. Naturally, on the street. I stopped and pointed out to them that was dangerous because of the blind curve. They were polite, realized what I said and thanked me. I hope that they moved. 9. Several days ago, two girls were looking in their trunk while their two dogs wandered into the street. The dogs were on flexi leads so they had room to wander. A car coming up the hill was paying attention and able to stop before hitting the dogs. 10. Yesterday I was following a slow moving car up the hill. For whatever reason they stopped to talk to someone on the down side of the hill. I waited and waited. We were going into a blind curve and it was dangerous for me to go around them. Soon they started waving me around them. I refused to go, as I could not see that far ahead. One of the standing talkers came towards me and I called out to him I was not passing on a blind Attachment 6 PH1 - 56 City Council Page 2 of 2 Highland Drive March 22, 2015 curve. The car must have heard me because he lurched forward and then pulled a U-turn using the red vacant area of the road. It took him two angry tries. 11. Please note that your garbage and clean up man, Bob Neal, is picking up several bags of garbage a week along the street. Can you imagine what a health hazard this would be if he were not picking up the beer cans, condoms, food bags and bags of dog poop? Can you imagine how much more attractive this area would be to hungry predators if this food was left lying around. What would the Health Department say? 12. I will also make note that the Neal’s have at least two knocks a week on their door asking to use their toilet. How would you like strangers knocking on your door expecting you to let them use your bathroom or give them water? I am afraid that any action you promised to take about curbing hikers up here is not working. It is almost as if more people are hearing about this trail. One serious accident and you know what the news is going to make of it. I, as a driver at the top am terrified every time I go up or down the hill. I drive slowly, I am aware of the danger, I am alert, but what if that is not good enough and I hit someone? You must take steps to cut the brush back and make a space for hikers to step up on for their safety. I would think the neighbors with overgrown brush would be concerned about an accident outside their house. Any smart lawyer is going to look at the brush issue and state it contributed to the accident. A serious accident is waiting to happen. Since you are adamant about not making the entire street no parking or permit only, perhaps you should consider the top area where most of the traffic and blind curves are. Perhaps down to 22 Highland. It would be a start with safety. Keep in mind three new two-story homes have been approved and eventually build. That is going to create even more daily traffic, much less during the building process. Also, I can imagine a lot more complaints about the noise of the hikers who scream and yell as they get to the bottom of the hill…..that is day or night. Another thought, this summer is going to be one of the worst for fires. What is going to be done to keep the area safe? I see people getting out of their cars and tossing cigarettes down. Can this be declared a non-smoking area? So sorry to keep bothering you, but the problem is not going away, it is only getting worst. Attached are some photos to look at. Note, I have someone else taking them while I drive. Regards, Felicia M. Cashin Felicia M. Cashin Highland Drive Resident felicia@uslinc.com Attachment 6 PH1 - 57 Lomeli, Monique Subject: FW: Residents of Bishop Peak Residential Neighborhoods and your April 21st City Council meeting RECEIVED COUNCIL MEETING:_'2i APR 21 2015 ITEM NO.:_ From: Carol Hall [mailto:caro[Caslohall.com] SLO CITY CLERK_ Sent: Monday, April 20, 2015 9:09 PM To: Marx, Jan; Ashbaugh, John; Christianson, Carlyn; Carpenter, Dan; Rivoire, Dan; Mejia, Anthony Subject: Residents of BishopPeak Residential Neighborhoods and your April 21st City Council meeting April 19, 2015 From: Residents of the Bishop Peak Residential Neighborhoods Subject: "STRATEGIC BUDGETDIRECTION AND MAJOR CITY GOAL WORK PROGRAMS" April 21, 2015, City Council Meeting) Dear Mayor Marx and Members of the City Council, We strongly support your Council's commitment to "Protect and Maintain Open Space" as a MajorCity Goal. We wantyourefforts to be successful, especially as it affects The Bishop Peak Natural Reserve and our residential neighborhoods near the Reserve's Highland Drive and Patricia trailheads. Thereforewe offer the following; 1. THE BISHOP PEAK NATURAL RESERVE CONSERVATIONPLAN UPDATE: The City's update of The Bishop Peak Natural Reserve Conservation Plan" will take place very shortly AFTER your April 21, 2015 initial approval of "Work Programs" to implement the GENERAL Major City Goal of "Protecting & Maintaining Open Space ". We ask that you leave adequate flexibility in adopting general " Open Space Work Programs" so as NOT to preclude additional "Work Proeram" oDtions (and their fnancini) that may come out of the "The BISHOP PEAK NATURAL RESERVE CONSERVATION PLAN" UPDATE. 2. THE DEFINITION & PURPOSE OFOPEN SPACE: These were not clearly stated in the format of the Staff report, but are as follows; Open Space is land or water which remains in a predominantlynatural or undeveloped state, and is izenerally free of structures. Such lands protect and preserve the community's natural and historical Attachment 6 PH1 - 58 resources, define the urban boundary, and provide visual and phIsical relief fromurban development ", General Plan, City of San Luis Obispo) The first sentence in the City's "Open Space Ordinance" states, "_Purpose of open space lands: The city of San Luis Obispo has developed a system of,oeen space lands "....,_for theenioyment of the natural environmentby our citizens ". The 2006 "Conservation & Open Space Element" of the City's GeneralPlan states: "The City will consider allowing passive recreation (in open space) where it will not degrade or siLniticantly impact open space resources_ and where there are no significant neighborhood compatibility impacts ". Themain goal is to protect open space and wildlife habitat, with a secondary goal ofproviding passive recreation where it will not harm the environment." (2006 COSE) 3. THE FUNDAMENTAL OPEN SPACE. PROBLEMS TO BE ADDRESSED: A. Lack of enforcement of the City's Open Space Ordinance. The Open Space Ordinance provisions protect both wildlife and their habitats in the City's Natural, Reserves including the BISHOP PEAK NATURAL RESERVE) and the "quality of life" in adjacent residentialneighborhoods. These protective provisions include; 1. Noni httime use of O en Space. This is important as wildlife moves through the Natural Reserve at ni htg ,and residents of the adjacent neighborhoods try to sleep at night): 2. Sta on trails thisprotects the natural resources of the Natural Reserve); 3. Dogs must be on leashes. This prevents unleashed dogs from "running" the Natural Reserves' wildlife & degradation of their habitats. Unfortunately, through "word of mouth" it is wellknown that the City's Open Space Ordinance is rarely enforced. In the Bishop Peak Natural Reserve, dogs routinely run off- leash; reserve "users" (city word) go off - trail; and groups of people nightly enter and use the reserve. (The Bishop Peak Natural Reserve Conservation Plan notes that night use of the Natural Reserveincreases the danger of wildfires in this "veryhigh fire danger" area.) It is important to note that the residents o the Bishop Peak trailhead neighborhoods did NOT move into neighborhoods adjacent to a publicly owned trailhead. Public trailheads were PUT INTO our well - established residentialnei hborhoods with the understanding that there would be rules Lor the use of the ci -ac uired natural reserves• that those proteetive provisions would be en breed . and the general `level of use " of the natural reserve would be by the Citizens of our City. Attachment 6 PH1 - 59 THE FUNDAMENTAL SOLUTION TO "LACK OF ORDINANCE ENFORCEMENT; Hire adequate Ranger Staff to provide meaningful enforcement of the City's Open Space Ordinance. The level of City Ranger Staffing should be proportionately within the range of staffingin the communities listed in the staff report chart.(pg.BI -29 ) As clearly noted in the staff report chart, the proposed addition of only one position to the ranger staff is woefully inadequate , and would not bring the City anywhere near the lowest standards of ranger coverage in comparison to the other cities. (staff report, pg BI -29 ) . The Staff Report notes that the 4,000 volunteer hours per year are primarily forbuilding and maintaining TRAILS, not enforcement of the City's Open Space Ordinance. FUNDING: We note that in the 2012 LUCE SURVEY of City residents and business owners, "Acquiring and Maintaining Open Space to Protect Peaks & Hillsides" was THE highest budget priority. OTHER SOLUTIONS: We support Staffs recommendations for new trailhead signage which clearly emphasizesthe specific Open Space Ordinancerequirements that are routinely violated, and statesthe fines associated with them (no night use of the Bishop Peak Natural Reserve; dogs must be on leashes; and visitors to the reserve must stay on trails). 2. Wesupport Staff's recommendation for regularly emptied, garbage containers at Natural Reserve trailheads where littering is a significant problem ( Bishop Peak Natural Reserve). 3. We also support "Mutt Mitts" at trailheadswhere there are correspondingproblems with dogs. 4. The term "Natural Reserve" immediately conveys the purpose of the City's protected Open Spaces . It would be tremendously educational (andinexpensive) to use the term "NATURAL Open Space", rather than lust "Oven Space ", in the City `s descriptions of the Open Spaces preserved primarily for that purpose. 5. It is very important that all surveys, staff proposals, etc. be made within the framework of clearlyallowed, "open Space uses" in the City's COSE. Proposalsthat are not within this framework of clearly allowed "open spaceuses" should go through the public process of a general plan amendmentto the COSE. B .INCREASING OVERUSE OF THE BISHOP PEAK NATURAL RESERVE. A FUNDAMENTAL PROBLEM: Attachment 6 PH1 - 60 Overuse of the relatively smallBishop Peak Natural Reserve is a fundamental problem; Residents of the neighborhoods adjacent to the Bishop Peak Natural Reserveandthe Highland & Patricia Drive Trailheadsreport ever - increasing overuse of the Natural Reserve, and resulting, proportionately increasing conflicts with the residential neighborhoods. These conflicts include; increasing numbers of cars speeding through family neighborhoods ; increasingly severe parking issues on narrow residential streets; increasing day and night trespass onto private property; littering of front yards ; graffiti ; increasing noise , etc.. The increasing overuse and crowding of the Bishop Peak Natural Reserve is degrading the very purpose this land was "protected " by the City - -- "for enjoyment of the natural environment by our citizens "(1998 Open Space Ordinance). Natural Reserves canbe "loved to death" by overusing them. A City survey recently acknowledged this increasinglyveryhigh. "level of use ", finding that there are about 1,000+ daily "users" of the Bishop Peak Natural Reserve at peak times, and there can be 500+ "users" of the Natural Reserve on an "average day" (probably more if usersat all of the Reserve's trailheads were counted). A February 2014 Staff report stated, "In the case of Bishop Peak Natural Reserve, the more fundamental issue seems to be that this open space amenity has become very popular, it is in strong demand, and the effects of the level of use it receives are evident. "( Lichtig, Codron, Hill ; Staff Report) The City's 2004 "Bishop Peak Natural Reserve Conservation Plan " states; It is a concern of the public that the Reserve is not publicized in such a way as to attract large numbers of additional, non local, tourists to an already heavily used resource. CityNatural Resources staff are of the opinion that the (educational) information currently available strikes the appropriate balance between public education and active promotion of the Reserve ". (the natural resource educational materials referred to were a natural resource focused brochure, a natural resources focused website, and trailhead signage). NOTE: The above concern seems to be increasingly ignored as an unwritten City " vision" appears to have emerged which views the BISHOP PEAK NATURAL RESERVE more and more, as a commercial "asset" to be "capitalized on " as it relatesto the "touristindustry ", withlittle or no acknowledgement of the increasing "costs" to the impacted residential neighborhoods. Attachment 6 PH1 - 61 SOLUTIONS TO OVERUSE OF THE BISHOP PEAK NATURAL RESERVE; 1. ACKNOWLEDGE THAT OVERUSE OF THE BISHOP PEAK NATURAL RESERVE IS A PROBLEM & ADDRESS IT. 2. THE OBVIOUS FIRST STEP; The City should not .make this overuse problem even worse by Mecif calls advertising for even more use of the already overused BISHOP PEAK NATURAL RESERVE. Despite some assurances that specifically soliciting for even more use of the already overused Bishop Peak Natural Reserve in the City- supported tourism campaigns could be "downplayed ", the latest SanLusObispoVacations tourism campaign on the City's Website ( "copyright, City of SLO, 2015 ") includesobvious inducements for new users to come to the City and specifically use The Bishop Peak Natural Reserve. ( In the accompanying video, the only sign identifying a_y 1paceisaclearlyemphazied "Bishop Peak Trail" sign; there is new emphasis on the excitement of rock climbing on Bishop Peak ; new users are encouraged to specificallybring their dogs to Bishop Peak and hike; etc.) We look forward in the next few months to the meaningful involvement of the Bishop Peak residential neighborhoods in seeking more specificsolutions through the Update of THE BISHOP PEAK NATURAL RESERVE CONSERVATION PLAN. Sincerely, Carol F. Hall Michael Morris Sandy Morris James R. Hall Carla Saunders James F. Hall Leah Forsythe Tim Caldwell Manuel f. Quezada Sabina Quezada Felicia Cashin JackCashin RichardFleming Maureen Fleming Sylvia C. Soto Dawn Janke James M. Agee Danika Stokes Attachment 6 PH1 - 62 Miriam Martin Rachelle Paragas Bradford Caligari Nancy Caligari Aron Schroder Delores M. Quezadar Pam Copeland Tom Copeland Robert Neal Mary Neal Angela Donath GaryDonath Harold Segal Robert Duncan Gloriann Liu Judith A. Hiltbrand Rush Hiltbrand Gayle Cekada D Elaine Patrick Phillip Ruggles Joanne B. Ruggles Attachment 6 PH1 - 63 Date: May 5, 2015  To: City of SLO Natural Resources Program  Cc: Bob Hill, Natural Resources Manager (781‐7211) rhill@slocity.org  From: Peter & Gail Karacsony (542‐9403), 162 Twin Ridge Court, SLO, 93405    slokaracsony@att.net     I, Peter Karacsony and my wife Gail, live on Twin Ridge Court. As such, we transit Patricia  Drive often during various times of the day since we are retired.  Given that, we have had ample  opportunities to observe the activities and ongoings at the Patricia entrance to the Bishop Peak  trail, and as hikers on the trail.   You may notice that I did not call it “trail head” since to us hikers (who have hiked many  trails in California and in the Western U.S.), such term has a specific meaning. That is, for a true  “trail head,” a sign will indicate the location and direction where people can enter a parking area,  gather their hiking gear out of their cars, change shoes, prepare for hiking, etc. That is not the case  at the Patricia entrance to the Bishop Peak Natural Reserve. What people have is the ability to  park on a residential street without any control. Some people treat this stretch of the city street as  a special parking lot for the trail, and I believe this has major consequences.    First of all, this creates a major nuisance for the nearby residents and others who transit  Patricia Drive at the trail entrance. While both sides of the street are already full of parked cars,  newly arriving additional hikers will obstruct traffic by:    ‐ Stopping their cars in the middle of the street to look for additional parking spots, talking  to other hikers in their group, exiting their cars, letting their dogs out, etc.   ‐ Making illegal U‐turns, such as driving back and forth on the street to turn around,  or  pulling into private driveways and backing out without checking for street traffic.   Secondly, the situation at the Patricia trail entrance is dangerous. Patricia Drive has a  substantial curve at that spot. Even without many cars parked there, one has to drive cautiously  because of limited visibility into the curve. With so many cars parked there (especially on the east  side) this stretch of road becomes virtually a blind curve where two cars traveling the opposite  direction barely can pass one another. Meanwhile, here are some ongoing activities that make this  stretch of road perilous:    ‐Often, hikers will leave their doors open facing the street to gather their hiking gear,  change into their hiking boots, etc.    ‐ Slowly meander across the street (with or without their dogs) at any location in the street.   ‐ Stand next to their vehicles (alone or in groups) to socialize.   ‐ Leave their car stationary in the middle of the street for loading or unloading gear,  passengers, or dogs, etc.   Given the extremely limited visibility and the narrowness of the street due to mega parking  on both sides of the street, this creates a serious danger to property and/or people. Even traveling  at the legal speed of 25 MPH, it is very difficult if not impossible to stop if one can only see street  obstacles a few feet ahead of you. And these major issues are being amplified as the utilization of  the trail is ever increasing.   Yet, the City Administration has not addressed these major concerns; for example; traffic  law enforcement, special parking facility and limited parking on the street, warning signs,  pedestrian walkways, etc.  Are we waiting for the first disaster before we act?  Attachment 6 PH1 - 64 1 Hill, Robert From:Robert Duncan <iambobd@sbcglobal.net> Sent:Thursday, May 07, 2015 9:15 PM To:Hill, Robert Subject:Bishop Peak meeting feedback Hello Mr Hill,    Thank you for the excellent presentation on the Bishop Peak open space plan this evening. It was very informative and I  appreciate the opportunity for public input.    I have 2 small items I would like to mention.    First, you mentioned the access to the trail from highway 1, but indicated there were reasons that it was not being  considered for emergency use. You said something about the center barrier on highway 1 preventing its use. I am  thinking ‐ the intersection / street light for CMC is just down the road, seems like a reasonable place to do a U turn or  otherwise turn around, to get to the Bishop Peak access road if one existed there. Half of Felman’s Loop is a very  navigable road, and It clearly continues to Highway 1, so using it or connecting to it seems like a good solution. I very  much disapprove of the plan you presented for building a road from the Patricia side ‐ this is a very beautiful area and  such a road, even one just used by fun quads, would be, well, unfortunate.    Second, a small improvement that I think would make Highland much safer for pedestrians and cyclists:  The downhill lane of Highland is twice as wide as the uphill lane. In straight sections, the extra space is used for parking,  but around the corners the curb is red. There is no line defining the driving lane vs the parking lane, so cars coming  down the hill naturally cut the corners. Because of this, on those blind corners there is no place for a pedestrian to safely walk. When walking on Highland, one often has to jump into the bushes to avoid the cars cutting the corner. A solution  is to simply paint a white line defining the downhill lane to be the same width as the uphill lane, and leaving the rest of  the street as a reasonably safe walking / cycling area.    An extension of this would be to mark the extra space of the downhill lane clearly as a bicycle / pedestrian lane (perhaps  still with parking in appropriate areas). This would win points with those who actively promote bicycling paths in SLO, so  could be a good “political” move as well…    If you are not the right person for this second suggestion, could you please forward it?    Thanks for taking the time to read this.  Sincerely,    ‐Robert Duncan  77 Highland Drive, SLO      Attachment 6 PH1 - 65 1 Hill, Robert From:Janice Elliott <janiceholly@gmail.com> Sent:Friday, May 08, 2015 11:27 AM To:Hill, Robert Subject:Bishop Peak Bob, My husband and I were at your thought provoking meeting last night. We live near the Patricia. It seems that enforcement is the key element in finding solutions to the problems of the area. We moved from the bay area and would take our dogs on hikes in that area.A lot of people liked to take their dogs hiking there off leash. They had a person who would hang out up on the hill and when people would arrive with their dogs off leash they would get a ticket which was over $200. Believe me, people stopped doing that. I am sure the same could be done here especially concerning the people who are night hiking. It seems strange that the city will pay to rescue people 2-3 times a week yet will not pay to have someone handing out tickets. Also, we lived near a high school that made parking on our street impossible. They just put up a sign making it illegal to park at certain times of the day (during a three hour time slot when the school was in session) and that solved the problem easily. What is wrong with painting some of the curb red up at the Highland Street entrance? What is wrong with managing parking at all of these entrances and when the parking has been used up, then people cannot use the open space. That would manage how many people can be on the hill. I really believe that your idea to put in a wider entrance from Patricia to allow emergency vehicles to go up that hill to the pond area would make the problem even worse and would definitely scar the land and my view. Sincerely, -- Janice Elliott Attachment 6 PH1 - 66 1 Hill, Robert From:Bruce Judson <bjudson@sbcglobal.net> Sent:Friday, May 08, 2015 10:07 AM To:Hill, Robert Subject:Bishop Peak Bob; Thanks for the meeting last night. I know it is a sensitivite issue with a lot of folks. A few points I'd like to bring up; - Many residents in the Highland Trailhead area don't share the opinions of the vocal folks. Please don't assume the vocal's represent all of us. - Why did the city not follow it's own guidelines then developing Bishop Peak. All the issues being brought up could have been forseen. The Planning dept has process to address parking for all new projects. Why does the city not follow it's own processes? - I think the only option is to develope a approprate trailhead in a non-residential area. It's much bigger than what has been previously discussed, but its the only path fowrad I can see. Thanks You...Bruce Attachment 6 PH1 - 67 1 Hill, Robert From:C Saunders <csslo@att.net> Sent:Friday, May 08, 2015 10:02 AM To:Hill, Robert Hi Bob,  Thank you for arranging last night’s meeting….and this opportunity for  City residents  to give input on the update.     I also applaud your choice of a “legislative draft” approach to the conservation plan update, as this approach  makes it  much easier for  City residents to understand  the specific  changes being proposed to the existing Conservation Plan.     When you have a minute, I would appreciate being emailed a copy of that  page in the slide show  which had a few  preliminary recommendations based on input from residents,  including  one which addressed advertising Bishop Peak  specifically for more tourist use. I would also appreciate being included on the email list based on last night’s meeting.  Thanks,  Carla    Attachment 6 PH1 - 68 1 Hill, Robert From:David Blakely <4385956@gmail.com> Sent:Monday, May 18, 2015 4:45 PM To:Hill, Robert Subject:RE: Bishop Peak Robert,    Thanks for the very speedy and complete response to my questions. The residents of SLO are well served with such a  professional staff.  One last series of questions about the land between Bishops Peak and Highway 1‐    Is there access from Bishop Peak to Highway 1 that has a trail on it?  Can I hike on that piece of land that goes from the Peak to Highway One?     Thanks    David    From: Hill, Robert [mailto:rhill@slocity.org]   Sent: Monday, May 11, 2015 5:21 PM  To: David Blakely  Subject: RE: Bishop Peak    Hi David, Thank you for your email and for your time taken to attend the meeting last Thursday. I appreciate your thoughtful comments and will consider them seriously. I’d agree that expanding the Foothill side holds promise to alleviate concerns of closer neighbors. There is a pending proposal for a development in between Los Cerros and City limits, but it has not yet been formally submitted. This property is identified as “Bishop Knoll” in our recent Land Use and Circulation Element in Chapter 8, Page 1-95 of the Land Use Element. Here is a quick link: http://www.slo2035.com/images/final/1_slo_gp_land_use_2015_05_web.pdf Attached is a map showing the Highway 1 access, per your request. And here is a link to Google Maps that shows the street view: https://www.google.com/maps/@35.307889,- 120.680858,3a,75y,173.99h,80.35t/data=!3m4!1e1!3m2!1szznoRss6AXs9aPekkQuFyQ!2e0 Please let me know if I haven’t addressed your questions or if you have others. My contact information is below. Kind regards, Bob Robert Hill Natural Resources Manager Attachment 6 PH1 - 69 1 Hill, Robert From:Daniel Blanke <dan.blanke@sbcglobal.net> Sent:Thursday, May 14, 2015 3:28 PM To:Hill, Robert Cc:Tom and Mary Kay Eltzroth; Sidney Bartholow; Jerry Crane; Kathy ApRoberts; Hella Heatherton; Sheila Tiber; Judd and Nara Clark; Barbara Blanke Subject:Bishop Peak Plan Update Dear Mr. Hill: I’m writing regarding the Bishop Peak Natural Reserve Conservation Plan 2015 Update. I was unable to attend the May 7th meeting. I am trying to adjust my schedule to be at tonight’s meeting at City Hall. In any case, I want you to have written input from my wife and me, because we live at 871 Patricia Dr., almost directly across from the Patricia Dr. Trailhead. For background, I will tell you that I retired 5 years ago as a captain with San Luis Obispo PD, after a 31-year law enforcement career. I think it is fair to say that I understand the community and I understand human behavior. My undergraduate degree from Cal Poly was in Natural Resources Management and I have a master’s degree in Education. Our biggest issue is any suggestion of a parking lot at the Patricia Drive Trailhead. Our property has 275 ft. of frontage along Patricia, almost all of which is accessible to hikers for parking, which is much more than most or all other people impacted by parking for the Reserve. On most days, the street in front of our house contains lots of parked cars. THIS IS NO PROBLEM, WHATSOEVER! When the trailhead was first officially established, a neighbor and I discovered City employees investigating the location for the possibility of a parking lot. Our reaction then, that I will repeat now was, “ABSOLUTELY NOT!!” A parking lot is an entirely unacceptable alternative to the existing street parking. None of us owns the street in front of our house. Streets are publicly owned and publicly maintained for public use. About once a week, I have to pick up someone’s trash that was left in the gutter and I roll my eyes at the rudeness of some people, but it just isn’t that big of a deal. There will always be a percentage of people who show little regard for the rights and enjoyment of others, but it is just a human condition that, in this case, I see no need to try to resolve by extraordinary and expensive means. It just isn’t practical. A parking lot would absolutely ruin the appearance and nature of the trailhead, thereby also devaluing the properties of those of us who live nearby. Even on the busiest hiking days, the streets in the area surrounding the trailhead have always had room for more cars, so a parking lot is in no way necessary for accessibility. I can tell you from my professional experience that parking lots, especially those associated with parks and open space are magnets for loitering and illegal activity, particularly at night. If a parking lot were constructed, it would be necessary to close the entrance to after-hours access, and re-open it each morning – an added expense. When people are required to park on the street, their suspicious activities are more visible, more likely to be immediately reported, so less likely to occur in the first place. Thank you for your interest in receiving input from neighbors of the Bishop Peak Natural Reserve! If any efforts to create a parking lot at the Patricia Drive Trailhead gain momentum, I will work as hard as necessary to stop those efforts dead in their tracks. Sincerely, Dan Blanke Attachment 6 PH1 - 70 1 Hill, Robert From:Sidney Bartholow <bart4254@yahoo.com> Sent:Thursday, May 14, 2015 5:34 PM To:Daniel Blanke Cc:Hill, Robert; Tom and Mary Kay Eltzroth; Jerry Crane; Kathy ApRoberts; Hella Heatherton; Sheila Tiber; Judd and Nara Clark; Barbara Blanke Subject:Re: Bishop Peak Plan Update Hey Bob, I concur with what Dan has said and I have heard other neighbors say the same thing. Speaking as a former police officer of many years, I feel that the laws and rules for the open space are not being obeyed. Studies have shown that when you have no law enforcement, eventually no one will obey the laws. I enjoy the Bishop Peak open space very much and I am very thankful that it is practically in my front yard. As you know, I also own the property at 841 Patricia that has a drainage creek that flows through it. When we get rain, most of the water flow feeds onto my property runs off Bishop Peak. There have been times when I can fill up a five gallon bucket of trash that came off Bishop Peak. Several occasions, I have seen suspicious looking people coming out of the trail head at Patricia. One late afternoon, Kathy ApRoberts called me and stated that there was a suspicious person making camp about a hundred yards up from the Patricia trail head. Kathy called the Park Ranger number and had to leave a message, and no response. I walked up to the location to check it out and found the person and in fact, he was setting up camp for the night and not too far from the houses near the area. From a distance, I ask this man what he was doing there, he did not respond, gave me a very mean look. I started to call the police non emergency number, and while I was waiting to be prompted to proper extension, this suspicious person, grabbed all of his gear and ran out of the area. Other neighbors have told me that almost every night they can see people with lights coming down the peak. I run the Felsman Loop, at least twice a week If the weather is good. I can honestly say that about ninety percent of the people with dogs don't have them on a leash and over the years I have noticed new trails all over the open space. I have also seen people in the creek areas. I have also noticed that about half of the other runners and hikers are lone females. Coupled with the fact that I have seen some suspicious looking men up there, I feel it is just a matter of time before there will be a Rape and or murder, because it is so secluded in places and no one patrolling for safety and law enforcement..... I don't want to sound negative, but these are my concerns and I am truly thankful for this beautiful open space.....Sid Bartholow Sent from my iPad On May 14, 2015, at 3:27 PM, Daniel Blanke <dan.blanke@sbcglobal.net> wrote: Dear Mr. Hill: I’m writing regarding the Bishop Peak Natural Reserve Conservation Plan 2015 Update. I was unable to attend the May 7th meeting. I am trying to adjust my schedule to be at tonight’s meeting at City Hall. In any case, I want you to have written input from my wife and me, because we live at 871 Patricia Dr., almost directly across from the Patricia Dr. Trailhead. For background, I will tell you that I retired 5 years ago as a captain with San Luis Obispo PD, after a 31-year law enforcement career. I think it is fair to say that I understand the community and I understand human behavior. My undergraduate degree from Cal Poly was in Natural Resources Management and I have a master’s degree in Education. Attachment 6 PH1 - 71 2 Our biggest issue is any suggestion of a parking lot at the Patricia Drive Trailhead. Our property has 275 ft. of frontage along Patricia, almost all of which is accessible to hikers for parking, which is much more than most or all other people impacted by parking for the Reserve. On most days, the street in front of our house contains lots of parked cars. THIS IS NO PROBLEM, WHATSOEVER! When the trailhead was first officially established, a neighbor and I discovered City employees investigating the location for the possibility of a parking lot. Our reaction then, that I will repeat now was, “ABSOLUTELY NOT!!” A parking lot is an entirely unacceptable alternative to the existing street parking. None of us owns the street in front of our house. Streets are publicly owned and publicly maintained for public use. About once a week, I have to pick up someone’s trash that was left in the gutter and I roll my eyes at the rudeness of some people, but it just isn’t that big of a deal. There will always be a percentage of people who show little regard for the rights and enjoyment of others, but it is just a human condition that, in this case, I see no need to try to resolve by extraordinary and expensive means. It just isn’t practical. A parking lot would absolutely ruin the appearance and nature of the trailhead, thereby also devaluing the properties of those of us who live nearby. Even on the busiest hiking days, the streets in the area surrounding the trailhead have always had room for more cars, so a parking lot is in no way necessary for accessibility. I can tell you from my professional experience that parking lots, especially those associated with parks and open space are magnets for loitering and illegal activity, particularly at night. If a parking lot were constructed, it would be necessary to close the entrance to after-hours access, and re-open it each morning – an added expense. When people are required to park on the street, their suspicious activities are more visible, more likely to be immediately reported, so less likely to occur in the first place. Thank you for your interest in receiving input from neighbors of the Bishop Peak Natural Reserve! If any efforts to create a parking lot at the Patricia Drive Trailhead gain momentum, I will work as hard as necessary to stop those efforts dead in their tracks. Sincerely, Dan Blanke (805) 440-8171 Attachment 6 PH1 - 72 1 Hill, Robert From:shanbrom@aol.com Sent:Saturday, May 30, 2015 6:16 PM To:Hill, Robert Subject:Emergency access to Bishop's Peak Dear Mr. Hill, I live in the Ferrini Heights neighborhood and am so grateful to the farseeing city government for the green belt surrounding our city. I often use the Felsman Loop/Bishop's Peak, a unique two-hour hike that gives you a chance to see the entire scope of economic activity in our county--tourism, Calpoly, the prison, agriculture, transportation, power lines leading from Diablo, etc. As prevention of accidents should be the primary concern, emergency access notwithstanding, I would like to see the city: 1) Write expensive citations for people using the trail outside of regular hours, civil twilight to civil twilight, or for going off- trail. Specific times could be posted weekly at trailheads. For example, for the coming week, nearly summer solstice, the legal hours of use would be: 5:20am-8:40pm. 6:40am-5:20pm in December. There is seldom a pleasant night where I don't see people coming down the mountain long after all light is gone from the sky. QUESTION: How many rescues occur at non-legal periods or for off-trail use? 2) Make extensive trail improvements. There are several areas that could greatly benefit from the installation of hand rails and some areas that might even benefit from manufactured staircases. QUESTION: Which five spots have the greatest number rescues. What are the special hazards there? How might they be fixed? 3) While I agree that charging people for evacuation even for improper usage questionable, I do believe that consideration should be given as to whether to issue citations for use after hours or for use while intoxicated. Same approach as traffic accidents. 4) I would guess that if actions 1 and 2 were taken, necessary in their own right, it would greatly reduce the number of rescues needed. At that point emergency access would become something of a cost-benefit question. QUESTION: How many fewer rescues might we expect if actions 1 and 2 were taken? QUESTION: If there were only a handful of rescues necessary in a year would it be worth it or necessary to provide an access road? 5) As most of the rescues occur above the Foothill spur junction, it seems to me that any access road should come from that approach, both as to the ease of building, ease of fast evacuation and a host of other reasons. Especially useful would be the Blue Granite private road which goes very high up the mountain. Thank you for you attention to this issue and for being part of this great community. Bob Shanbrom 364 Montrose Drive 234-1410 Attachment 6 PH1 - 73 Attachment 6 PH1 - 74 Attachment 6 PH1 - 75 Attachment 6 PH1 - 76 Attachment 6 PH1 - 77 Attachment 6 PH1 - 78 Attachment 6 PH1 - 79 Attachment 6 PH1 - 80 Attachment 6 PH1 - 81 Attachment 6 PH1 - 82 Attachment 6 PH1 - 83 Attachment 6 PH1 - 84 Attachment 6 PH1 - 85 Attachment 6 PH1 - 86 Attachment 6 PH1 - 87 Attachment 6 PH1 - 88 Attachment 6 PH1 - 89 1 Hill, Robert To:Codron, Michael Subject:RE: Bishop Peak Management Plan Update ‐‐‐‐‐ Forwarded message ‐‐‐‐‐  From: "James Smith" <jimtheloanguy@gmail.com>  To: "E‐mail Council Website" <emailcouncil@slocity.org>  Subject: Bishop Peak Management Plan Update  Date: Sun, Jun 7, 2015 9:18 PM  Dear Council Members: As you know, the 2015 Bishop Peak Management Plan update is on your agenda this week. This letter is regarding emergency access and a plea for more resources on patrol. 1. The proposed new emergency access road from Patricia Dr. would be costly to build and maintain, and would scar a City landmark. 2. It would help to erect larger well lit easy-to-read signs explaining the rules. This inexpensive improvement would help prevent illegal use and reduce the number of injuries and rescues. 3. Allocate more money to management of the open space (ie: additional staff to enforce existing ordinances), since our City has been adding 1000’s of acres but no new Rangers. 4. The City should negotiate with John Madonna for an easement for parking and hiking from the Foothill Road access to Bishop Peak. 5. We believe that if the City could restrict parking along upper Highland Drive, emergency access would be restored to the stock pond across property owned by Felton Ferrini. Jim and Jan Smith 940 Pasatiempo Drive, San Luis Obispo C 805-543-8800 Attachment 6 PH1 - 90 1 Hill, Robert From:Kathy apRoberts <kaproberts@gmail.com> Sent:Sunday, June 07, 2015 11:59 AM To:Marx, Jan; Ashbaugh, John; Carpenter, Dan; Christianson, Carlyn; Rivoire, Dan Cc:Hill, Robert Subject:City Budget Meeting, Tuesday, June 9 Dear City Council Members, I attended all four of the recent City meetings regarding the Bishop Peak Natural Reserve Conservation Plan Update, and I urge you to consider the following: The City’s Planning Commission and the City’s Park & Recreation Commission “strongly recommended” adding additional City Ranger Staff which is necessary to enforce the City’s Open Space Ordinance. It was a totally unanimous recommendation of both Commissions! Both Commissions reached the same conclusion… City Staff’s preliminary recommendation in April that there be only a single addition to the Ranger staff was clearly inadequate for meaningful enforcement of the City’s Open Space Ordinance. “Open Space Preservation “ was the first funding priority listed on the Measure G Ballot when residents voted to tax themselves. Among your three Major City Goals, you have identified “Protect and Maintain Open Space” as the goal with the highest priority. Major City goals “represent the most important, highest priority goals for the City to accomplish over the next two years, and as such, resources to accomplish them should be included in the 2015-2017 Financial Plan”. (Council Minutes, January 24, 2015 ) Adding one additional ranger to the City's Ranger Staff is not sufficient to enforce the City's Open Space Ordinance. Sincerely, Kathy apRoberts San Luis Obispo Attachment 6 PH1 - 91 1 Hill, Robert From:Philip Ruggles <philipkruggles@gmail.com> Sent:Tuesday, June 09, 2015 7:53 AM To:Marx, Jan; Ashbaugh, John; Carpenter, Dan; Christianson, Carlyn; Rivoire, Dan Cc:Hill, Robert; apRoberts Kathy Subject:Park ranger funding and city open space protection Dear Mayor Jan Marx, Vice Mayor John Ashbaugh and Councilpersons Dan Carpenter, Carlyn Christianson and Dan  Rivoire,     Given the ever‐increasing use of the city’s 3,500 acres of Open Space, including the disproportionately high use of  Bishop Peak, we feel there should be far more than the single additional park ranger allocated in this years budget.     Bob Hill has indicated that Bishop Peak receives about 80 percent of open space hiking traffic, with approximately  150,000 users from the Highland and Patricia trailheads annually; at the Park and Recreation Commission meeting he  stated that when the Foothill Road (unauthorized) trailhead users are added, estimated usage could conceivably double  to as high as 300,000 user per year!     With that in mind, it seems reasonable for the city to be supporting the addition of five to six additional positions, not  one. This is in line with the city’s major goal to “protect and maintain open space."    We also must point out that the City’s General Plan clearly ranks its priorities for the management of open space land as: Number 1 priority: PROTECTION OF NATURAL RESOURCES Number 2 priority: PASSIVE RECREATION.    Given that hierarchy, all park rangers currently employed as well as any new park rangers should work FIRST for the  enforcement of the City’s Open Space regulations as their NUMBER ONE PRIORITY with trail expansion and maintenance  ‐ passive recreation support ‐ as their second priority.    In speaking before the meeting of the Parks and Recreation Commission on June 3, one of our current rangers declared  that there was inadequate staff to pursue enforcement of existing open space regulations. He said that rangers are  primarily used for maintenance. This focus is in direct conflict with not only the city’s General Plan prioritization but also  the priority of city residents.    We appreciate your consideration of the above.    Philip and Joanne Ruggles             Attachment 6 PH1 - 92 1 Hill, Robert Subject:RE: SLO open space hiking by permit   > From: Philip Ruggles [philipkruggles@gmail.com]  > Sent: Thursday, June 11, 2015 11:23 AM  > To: Hill, Robert  > Cc: hbussele@calpoly.edu  > Subject: SLO open space hiking by permit  >   >   > Hi Bob ‐  >   > Hope all is well . . .  >   > Some preliminary research shows that there are many open space hiking by permit programs within California as well  as other states to protect their open space.  >   > Given this, it is reasonable to assume that an “open space hiking by permit program” could be modeled after one or  more of these for San Luis Obispo, that would cover all 12 of our open space properties including Bishop Peak, the most  important since it gets approximately 80 percent of the action.  >   > A couple questions:  > Has city staff looked into an “open space hiking permit program” (or similar program) in the past, and, if so, can you  share the results of their work with us?  >   > Who on city staff would be the best person to contact relative to discussing an “open space hiking permit program” for  SLO open space?  >   > Thanks. Appreciate your time as I know you are busy.  >   > Philip Ruggles  >   >   >   >   >   >   >   >   >   >   >     Attachment 6 PH1 - 93 Public Comments from Workshop #1 at Bishop Peak School May 7, 2015  Night Hiking and plan for enforcement  Pre-dawn hiking and plan for enforcement  Compare cost of enforcement with cost of rescues  Limited room on Highland Dr. with cars parked there, ingress/egress, safe travels (blind corners with pedestrian use on the street)  Trailhead upgrades coming – trash cans and mutt mitt dispensers  Meaningful enforcement or failure to enforce – Speed, Parking, Night Hiking  Educate users – Don’t know what to do (we have education campaign but it might not be effective)  Traffic/Parking/Speed – state standards that are not defensible if someone is issued a citation (like if we lower the speed to 5 MPH, won’t hold up in court)  Institute limited use to prevent over capacity at trailheads (Highland/Patricia)  Constriction of access with new Caltrans safety barrier at HWY 1  500 people per day with Eco-Counter at BP  Restrooms should be installed to prevent users from using the outdoors. How/ where to install?  Integrate metrics from monitoring to support community partnership (citations [Rangers, PD], use patterns [day vs. night use], trailhead use  Be sure to address the long-range problems in the update. Existing problems/issues will get worse as use increases in the future with more residents  Invite collaboration with Cal Poly staff to address student use at BP  Consider emergency access from Patricia, this would create more congestion and scar the land (since Brittney Cr. Is no longer access point)  Emergency vehicle access at Oakridge could be restricted as well as Highland too with parked cars, traffic. Consider painting curb on one side red to ensure one side is free for emergency vehicle access  Consider Foothill access as trailhead – Dream big since this is our opportunity with the cons plan update  Consider safe alternatives for HWY 1 access  Fire danger from smoking and fire rings in open space. Residents concerned for homes to be in danger from wildland fire and potential lack of access for emergency vehicles  Dogs off leash  Parking district at Highland, restrictions for parking after 6 PM  Advisory speed limits for blind corners/curves  Trimming of trees along Highland Dr. on private property to offer better visibility  Red curbs  No parking  Sidewalks are not used  Think/consider bigger picture of compatibility with issues presented  Dedicated enforcement of open space regulations  Statistics of code enforcement in staff reports (Rangers, Traffic, PD citations) as Update moves forward Attachment 6 PH1 - 94 Public Comments from Workshop #2 at Council Chambers, City Hall. May 14, 2015  Paint curbs red to address parking at Highland  Integrate bus stop at Patricia and Highland and promote hiking access to Bishop Peak; Transit to Trails to promote open space access without driving cars  Install sidewalk at Highland  Eliminate parking for addition of protected lane for pedestrians  “Maintenance of Open Space” should refer to trails and enforcement  The public owns the streets, they are maintained for safe access of the public  Continue to explore opportunities at Bishop Knoll development  Explore Foothill access  Address erosion at tank above pond, dangerous trail condition  Benchmark comparison of trail miles per city  Work with / outreach to professors about open space rules when they have classes at Bishop Peak  Neighborhood officer available to meet with residents to address concerns/issues  For evident off time use (i.e. full moon and surrounding times), call police  Add citation price on signage  Designate Patricia/Highland at the Bishop Stop for bus route  Collaborate with residents to identify/locate “camping” spots  More Ranger funding Attachment 6 PH1 - 95 THIS PAGE IS INTENTIONALLY LEFT BLANK PH1 - 96 city or San WIS OBISpo: city council, meetinc notice The San Luis Obispo City Council invites all interested persons to attend a public meeting, relative to the following: What: Bishop Peak Natural Reserve Conservation Plan 2015 Update. The Planning Commission and Parks and Recreation Commission have reveiwed the plan and recommends that the City Council adopt the Bishop Peak Natural Reserve Conservation Plan 2015 Update and Negative Declaration of Environmental Impact for the plan Where: City Hall Council Chamber, 990 Palm Street, San Luis Obispo, California. When: July 7, 2015 at 6:00 P.M For questions, contact: Robert Hill - (805) 781 -7211 - rhill @slocity.org Written comments are encouraged. If YOU challenge the above proposed action in court you may be limited to raising those issues you or someone else raised or the public hearing described in rhos notice, or in written correspondence delivered to rope City Council of, or prior to the Public hearrng. The Agenda and Reports far this meeting are available In the City Clerks office and online at wwrw.slocity arafaaendrrs. 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