HomeMy WebLinkAboutR-11287 adopting a Negative Declaration for Winter Evening Hours of Use at Cerro San Luis Natural ReserveR 11287
RESOLUTION NO. 11287 (2021 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, ADOPTING A NEGATIVE DECLARATION FOR
WINTER EVENING HOURS OF USE AT CERRO SAN LUIS NATURAL
RESERVE
WHEREAS, the City of San Luis Obispo has a substantial interest in promoting
the public health, safety and welfare of its residents, visitors and businesses, as well as
the environmental qualities of the City; and
WHEREAS, the City of San Luis Obispo owns and manages a network of
protected Open Space properties totaling over 4,000 acres, including the 118-acre
Cerro San Luis Natural Reserve, and also administers open space easements and
conservation easements that permanently protect over 3,500 acres of land within the
City’s Greenbelt; and
WHEREAS, members of the public provided testimony to the City Council
requesting expanded hours of use in the City’s Open Space during the winter; and
WHEREAS, in 2015 a wide-ranging survey of open space trends and levels of
use was conducted. This study utilized an EcoCounterTM device to track frequency of
human use and hours of use at Cerro San Luis Natural Reserve, among several
locations, including the timeframe between December 2014 and March 2015 and during
evening hours between 6:00 PM and 9:00 PM (City of San Luis Obispo, Open Space
Survey. Riggs et. al. 2015). It is through data collected as a part of this study that an
existing average daily baseline use of 65 individuals was established; and
WHEREAS, the City Council reviewed and City staff implemented a Pilot
Program for winter open space hours of use at Cerro San Luis Natural Reserve
following a Council-directed process during the winter seasons of 2018-2019
(November 4 to March 10), 2019-2020 (November 3 to March 8), and 2020-2021
(November 1 to March 14) and the pilot program ended on March 14, 2021; and
WHEREAS, the Pilot Program included oversight and additional patrol during the
published timeframes of the winter evening hours, deployment of an EcoCounterTM
device to track frequency of human use and hours of use at Cerro San Luis Natural
Reserve, as well as a new reservation permitting system “app” in order to ensure that
use during expanded hours remained commensurate with existing average daily
baseline use of 65 individuals that was established prior to the Pilot Program; and
DocuSign Envelope ID: 5C31649E-F887-4D5F-94DA-16F92ADD79C1
Resolution No. 11287 (2021 Series) Page 2
R 11287
WHEREAS, during the Pilot Program, a total of 3,160 permits were issued during
the 2018- 19 season, 2,747 permits were issued during the 2019-20 season, and 2,702
permits were issued during the 2020-21 season. In total, 7,783 permits were issued, of
which 826 were bikers and 6,957 were hikers based on self -designation at the time of
permit reservation. During all three seasons, in general, less than the full amount of
permits available were reserved during the months of November and January through
March. During the holiday season in December, however, permits were typically fully
subscribed, and the City’s Ranger Service had to turn away numerous parties interested
in accessing the Reserve at the trailhead and instances of non-compliance were
tracked, and
WHEREAS, at the conclusion of the Pilot Program, staff conducted a Study
Session and presented Final Summary Report of the Pilot Program, and the City
Council directed staff to prepare an amendment to the City’s Open Space Regulations
to allow for ongoing Winter Evening Hours of Use at Cerro San Luis Natural Reserve
only.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San
Luis Obispo as follows:
The City Council hereby adopts a Negative Declaration of environmental impact for a
special program to allow for an ongoing Winter Evening Hours of Use at Cerro San Luis
Natural Reserve program based on the following findings:
1. The Winter Evening Hours of Use at Cerro San Luis Natural Reserve program is
considered a Project under the California Environmental Quality Act (CEQA) as
defined in Public Resources Code §21065 because it represents an activity
which may cause either a direct physical change in the environment, or a
reasonably foreseeable indirect physical change in the environment, and
because it is an activity directly undertaken by a public agency.
2. An Initial Study and Environmental Review has been prepared for the project that
concludes “there is no substantial evidence, in light of the whole of the record
before the agency, that the project may have a significant effect on the
environment” and therefore a Negative Declaration is the appropriate
environmental determination in accordance with the California Environmental
Quality Act (CEQA Guidelines §15070 and §15075).
3. Less than significant impacts were identified in the areas of Aesthetics,
Agriculture and Forestry Resources, Air Quality, Biological Resources, Cultural
Resources, Geology and Soils, Greenhouse Gas Emissions, Hazards and
Hazardous Materials, Land Use and Planning, Noise, Public Services,
Recreation, Transportation, Tribal and Cultural Resources, Utilities and Service
Systems, and Wildfire. Impacts that are individually limited but could be
“cumulatively considerable” were also found to be less than significant.
DocuSign Envelope ID: 5C31649E-F887-4D5F-94DA-16F92ADD79C1
Resolution No. 11287 (2021 Series) Page 3
R 11287
4. The Project Description for Winter Evening Hours of Use at Cerro San Luis
Natural Reserve is incorporated by reference, including continuation of provisions
for Public Information and Education Materials and an Evening Use Permitting
System, as follows:
a. Public Information and Education Materials. City staff shall utilize additional
information and educational materials for the public that is specific to Winter
Evening Hours of Use at Cerro San Luis Natural Reserve. These materials
will re-iterate the City’s rules and regulations in effect, as well as highlight the
sensitivity of evening use and potential for wildlife interactions and impacts,
and methods to avoid or reduce impacts, including requiring visitors to stay on
established trails during nighttime use. These informational materials will be
available on the City’s website, on the main kiosk at the entrance of the
Reserve, and on pamphlets that can be handed out or placed in a rack on the
kiosk.
b. Evening Use Permitting System. City staff shall implement the internet-based
permitting system “app” and the visitor use tracking system using the
EcoCounterTM device to track frequency of human use and hours of use in
order to ensure that evening use (from one hour after sunset until 8:30 PM)
during Winter Evening Hours of Use at Cerro San Luis Natural Reserve is
kept at or below existing average daily baseline use of 65 individuals.
Individuals will be required to have evidence that they have the required
permit in their possession during all program months. Individuals that are
stopped by Ranger personnel and do not possess a permit when required will
be subject to citation under municipal code section 12.22.050(B). Permit
applicants will also be provided with the information and educational materials
during the application process and be required to acknowledge receipt and
confirm understanding prior to receiving the permit.
5. Prior to the Pilot Program, the average daily use at Cerro San Luis Natural
Reserve between the hours of 6:00 PM and 9:00 PM was recorded as 65
individuals, despite the City’s existing Open Space Regulations provision that
open space is closed one hour after sunset. Therefore, the existing average
baseline use that will be adhered to during the ongoing Winter Evening Hours of
Use at Cerro San Luis Natural Reserve program is 65 individuals. Existing case
law supports the establishment of existing, average baseline conditions that are
occurring in the environment as a basis for environmental review [see Fat
v. County of Sacramento (2002) 97 Cal.App.4th 1270; Communities for a Better
Environment v. South Coast Air Quality Management District, et al. (2010) 48
Cal.4th 310 (“Communities for a Better Environment); Communities for a Better
Environment v. South Coast Air Quality Management District (Tesoro Refining
and Marketing Company, LLC, Real Party in Interest) (2nd Dist. 2020) 47
Cal.App.5th 588].
DocuSign Envelope ID: 5C31649E-F887-4D5F-94DA-16F92ADD79C1
Resolution No. 11287 (2021 Series) Page 4
R 11287
6. The City Council received numerous pieces of written public comments regarding
the Winter Evening Hours of Use at Cerro San Luis Natural Reserve program
and closed the public hearing for purposes of submission of new materials into
the record. Council continued the meeting to November 9, 2021, and delayed its
final action so that written public comments that provided new information were
carefully reviewed and considered in order to determine whether such
information warranted reopening the public hearing or further action on the
environmental document. That review and analysis is memorialized in two
memoranda prepared by the firm Rincon Consultants that were addressed to the
City of San Luis Obispo and are described and made available to the public
through the Council Agenda Report for November 9, 2021. This review
concluded that no new information was introduced that changes the findings of
the Initial Study and Negative Declaration for the project.
Upon motion of Council Member Pease, seconded by Council Member
Shoresman and on the following roll call vote:
AYES: Council Member Pease, Shoresman, and Mayor Stewart
NOES: Council Member Marx and Vice Mayor Christianson
ABSENT: None
The foregoing resolution was adopted this 9th day of November 2021.
___________________________
Mayor Erica A. Stewart
ATTEST:
__________________________
Teresa Purrington, City Clerk
APPROVED AS TO FORM:
__________________________
J. Christine Dietrick, City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
the City of San Luis Obispo, California, on _____________________.
___________________________
Teresa Purrington, City Clerk
DocuSign Envelope ID: 5C31649E-F887-4D5F-94DA-16F92ADD79C1
11/23/2021 | 2:40 PM PST