3.13 RECREATION INTRODUCTION

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1 . RECREATION 0.. INTRODUCTION This section provides a brief overview of recreational uses on the Gaviota Coast and describes existing and planned recreational uses on the subject parcels. This section also examines the impact of the proposed project on recreational resources... EXISTING CONDITIONS... Regional Setting The proposed project is located on the eastern portion of the Gaviota Coast. The Gaviota Coast is recognized by the County of Santa Barbara as an important area for passive and active recreation opportunities because of its unique topography, remote beaches, and rural setting with scenic views of the Pacific Ocean, Channel Islands, and Santa Ynez Mountains. Public coastal access along this -mile reach of coast includes three state parks and a parking lot and path at the Bacara Resort and Spa, located adjacent to the project site. Numerous informal coastal access points are also used on state park property in the area and include unpaved pullouts off of US Highway with moderately steep unimproved trails leading to the beach. Access to the beaches along this portion of the coast is often gained through unauthorized use of private property. Typical coastal recreation activities in the region include surfing, kayaking, hiking, beach walking, surfcasting, and scuba diving.... Local Setting The project site is located at the eastern end of the Gaviota Coast. The area surrounding the project site is generally rural and includes ranching and agricultural activities. The area between US Highway and the coast is sparsely developed and visibility is limited from the highway in this area. North of US Highway, rolling grass-covered hills rise into the Santa Ynez Mountains. South of US Highway, the Gaviota Coast is interspersed with private holdings generally zoned for ranching and agricultural activity and state beach parks that provide coastal access and camping opportunities. The City of Goleta boundary is approximately 0. mile to the east of the project site while the Bacara Resort, Haskell s Beach, Sandpiper Golf course, and the Ellwood Mesa/Santa Barbara Shores Park are located less than mile to the east. The Pacific Ocean and Santa Barbara Channel Islands are located to the south of the project site. Impact Sciences, Inc..- Paradiso del Mare Ocean and Inland Estates Draft EIR

2 . Recreation 0... Existing Recreational Facilities Existing public recreational facilities on the Gaviota Coast are primarily managed by the California State Parks Department; however, some private recreational facilities are also located in the project area. Four state beaches/parks and one major private recreational facility are located northwest of the proposed project site. In addition, the City of Goleta also manages important open space and parks in the project vicinity. These recreation areas are described below. El Capitan State Beach. El Capitan State Beach is located approximately miles northwest of the project site. It comprises, acres and is divided into a developed coastal beach park and campground and inland undeveloped open space. The coastal area includes acres with a sandy beach, rocky tide pools, and stands of sycamore and oaks along El Capitan Creek. The campground is developed with a total of campsites and three group camping areas. Activities include day use and camping, with swimming, fishing, surfing, and hiking with coastal access provided by stairways and paths. A coastal trail and bike path connects the park with Refugio State Beach,. miles to the west. The inland area is located across US Highway from the campground and was acquired by the state in 0. This undeveloped open space is located in the lower foothills of the Santa Ynez Mountains, north of US Highway. Access is currently limited to an informal trail system accessed via a trailhead off Calle Real near the Ocean Mesa Campground and RV Park. El Capitan State Park. Ownership of this park was transferred to the state from private landowners in 0. The park extends north from El Capitan State Beach to the Los Padres National Forest in the Santa Ynez Mountains. There are currently no public facilities within the park, though the park does contain backcountry trails, including the Bill Wallace Trail. It surrounds El Capitan Canyon, which is a private recreational facility and campground open to the public offering various recreational opportunities. Refugio State Beach. Refugio Beach is located approximately. miles northwest of the project site. This park encompasses acres with overnight camping sites, a store, a designated underwater park, and an interpretative center. Activities include day use and camping, fishing, picnicking, and Junior Lifeguard programs. A coastal trail and bike path connects the park with El Capitan State Beach,. miles to the east. Impact Sciences, Inc..- Paradiso del Mare Ocean and Inland Estates Draft EIR

3 . Recreation 0 Gaviota State Park. Located approximately miles northwest of the project site, Gaviota State Park comprises approximately,00 acres and offers campsites, swimming, picnicking, and surf fishing. Boat launching is available on the pier at the east end of the beach. This park contains extensive backcountry areas including an extensive foothill trails system both east and west of US Highway at the Gaviota Tunnel, with trail access to Gaviota Hot Springs and Los Padres National Forest. The Vista del Mar and San Onofre day-use areas east of the main park provide informal highway parking and coastal access via bluff-top trails. El Capitan Canyon. El Capitan Canyon is a private campground resort located on acres in El Capitan Creek Canyon north of US Highway. The facility provides luxury tent cabins, cabins, yurts, a general store, meeting and retreat space, spa services, and weekend barbeques and music. Recreational opportunities include private hiking trails along El Capitan Creek that offer connections to the adjacent public trail system, mountain biking, volleyball, and horseshoes. Ocean Mesa Campground and RV Park. This recently constructed private campground located on the mesa above El Capitan Canyon has 0 spaces (0 RV sites, 0 car/tent campsites, and bicycle/hike campsites). The facility offers showers, restrooms, a general store, and barbeques. Recreational opportunities include access to public and private hiking trails in El Capitan Creek and the foothills, mountain biking, volleyball, a swimming pool, playground, and horseshoes. Arroyo Hondo Preserve. The -acre Arroyo Hondo Preserve encompasses the lower watershed of Arroyo Hondo Creek and is located approximately miles west of the project site. This preserve is managed by the Santa Barbara County Land Trust as a natural and historic preserve, with controlled public access permitted. Haskell s Beach Access. Public coastal access is available at Haskell s Beach located at the Bacara Resort and Spa on the west end of the City of Goleta, approximately 0. mile east of the proposed project site. This beach access is served by a 0-space public beach parking lot and a dedicated public beach access that is closed after sunset. The Bacara Resort and Spa maintains public restrooms and showers. Burmah Beach and Naples Reef Area. Burmah Beach and Naples Reef are popular reef surf breaks and beachcombing areas that front the project site and adjacent properties to the west. Burmah Beach is named after the former oil company that produced crude oil Impact Sciences, Inc..- Paradiso del Mare Ocean and Inland Estates Draft EIR

4 . Recreation 0 at the project site and extends for approximately mile along the site s coastal frontage. Naples Reef lies from 0. to 0. mile offshore of and to the west of the project site. At low tides, beach users can access the Naples Reef and Burmah Beach areas by walking west along the beach from the Haskell s Beach public access point. The beach is characterized by several small rocky sub points, cobble sills, and rock outcroppings that impede lateral access except at lower tides. Surfers and others also access the beach by parking on Calle Real across US Highway north of the project site, and then accessing the coast via a network of informal trails that cross the project parcels. Vertical access to the beach is primarily obtained on the project parcels via a trail extending through the location of the proposed Ocean Estate and down the bluff face. A lesserused trail is located in the middle of the property. From this secondary trail, users walk part way down the bluff face and then use a rope to make their way down due to the steepness of the bluff in this area. The informal trails that cross the project parcels are also used by the public to obtain off-site vertical access to the beach. These main off-site vertical access points include access on to the Naples property to the west and down to the beach (referred to as the Naples access ) and access on to the McCaw property to the east and down to the beach through Eagle Canyon (referred to as the Eagle Canyon access ).The beach and nearshore waters are used by surfers, kayakers, divers, fishers, and passive recreational users. Public use of Naples Reef and Burmah Beach is limited by the lack of improved, legal access. Santa Barbara Shores Park/Sperling Preserve (Ellwood Mesa). This -acre open space is located on the Ellwood Mesa in the City of Goleta, approximately. miles east of the project site. This open space provides coastal access and passive recreational opportunities, including a network of hiking, biking, and equestrian trails between Hollister Avenue and the beach. This open space is linked via trails with the University s Coal Oil Point Reserve to the east and the Santa Barbara County Land Trust s Coronado Preserve to the north.... Trails As discussed above, a variety of existing public and private trails are located on the Gaviota Coast. All of the state parks discussed above contain short segments of trails. Longer trail routes are primarily confined to Gaviota State Park, which supports more than miles of trails and fire roads, and adjacent land in the Los Padres National Forest. Informal coastal access trails exist in multiple locations on both public and private land. A.-mile paved coastal bike trail extends from El Capitan State Park to Refugio State Impact Sciences, Inc..- Paradiso del Mare Ocean and Inland Estates Draft EIR

5 . Recreation 0 Park, and a 0.-mile section of public paved bike trail was recently constructed at El Capitan Ranch. The Bill Wallace Trail, a -mile loop through the backcountry of the inland portion of El Capitan State Park, is now open. State park docent-led hikes starting at the campground s store are available on Saturdays. Although public trails and coastal access are currently restricted primarily to state parks and higher elevations of Los Padres National Forest, a substantial number of new trails are proposed for the Gaviota Coast. These include trails proposed by the federal, state, and county governments. If realized, these new trails would provide vertical coastal access across properties to the beach, lateral access along the coast and into the Santa Ynez Mountains. In general, County and Los Padres National Forest trails are typically multiple-use, meaning that access would be available to hikers, cyclists, and equestrians. State park trails can have variable user restrictions (e.g., no dogs). Current trail proposals are summarized below. California Coastal Trail. This state-designated non-motorized trail system is envisioned to link coastal communities throughout California. Senate Bill 0 of 0 (Chesbro) provided funding for the State Coastal Conservancy to develop an implementation plan for this trail. Implementation of this trail system will require participation by private landowners to gain trail easements through their properties in order to construct the trail. When completed, the Coastal Trail will connect the urban areas of Santa Barbara and Goleta with rural areas of the Gaviota Coast, with periodic vertical trail connections mostly through state parks and national forest lands. The California Coastal Trail would also serve to provide access to and between vertical access trails that lead to beach areas. The proposed Coastal Trail has been a part of the County s Comprehensive Plan and Coastal Land Use Plan (CLUP) since their respective legislative adoptions in 0 and. The proposed Coastal Trail would follow the County s coastline, from Rincon Point to Jalama Beach County Park, corresponding generally with the historic De Anza Trail. This proposed trail would extend the length of the Gaviota Coast for approximately miles from the western edge of Goleta through Gaviota State Park and Hollister Ranch, and then swing inland at Jalama Beach Park avoiding Vandenberg Air Force Base. The County Parks, Recreation, and Trails Map includes the Proposed California Coastal Conservancy. Completing the California Coastal Trail, 0. Impact Sciences, Inc..- Paradiso del Mare Ocean and Inland Estates Draft EIR

6 . Recreation 0 Off-Road Trail designation depicting a general corridor for this trail following the shoreline and the coastal bluff, consistent with state direction for location of this trail. One objective for the Coastal Trail agreed upon by the California Coastal Commission (CCC) and Coastal Conservancy, is to "Provide a continuous trail as close to the ocean as possible, with connections to the shoreline (vertical access) at appropriate intervals and sufficient transportation access to encourage public use." On the South Coast, the -mile segment between the Andre Clark Bird Refuge in the City of Santa Barbara and Isla Vista has been completed. The City of Goleta and University of California Santa Barbara (UCSB) plan to construct more than miles of the Coastal Trail through North Campus and across Ellwood Mesa s Sperling Preserve and Santa Barbara Shores Park, as funding becomes available. As described above, more than miles have been constructed on the Gaviota Coast. Juan Bautista de Anza National Historic Trail (De Anza Trail): The Federal National Trail System Act also designated a coastal trail as the Juan Bautista de Anza National Historic Trail. The De Anza Trail commemorates the route followed by Spanish commander Juan Bautista de Anza in, when he led a contingent of 0 soldiers and their families from Tubac, Sonora (now southern Arizona) to found a presidio and mission near the San Francisco Bay. The De Anza Trail route passes through the Gaviota Coast. The Santa Barbara County Comprehensive Plan designates a coastal trail on the Parks, Recreation, and Trails Map. In many areas of the coast and on the subject parcels, the existing and proposed De Anza Trail, the California Coastal Trail, and the County trail segments are the same. Additional Proposed County Trails. In addition to the trails discussed above, several other trails are under review by the County or are included as part of proposed development projects: Farren Trail: This proposed trail to the northeast of the project site would traverse private land and into Los Padres National Forest. The proposed trail would follow Farren Road, and then extend off road north from Farren Road into the Los Padres National Forest, along Eagle Canyon, to Condor Point. This trail is identified in the Goleta Community Plan. California Coastal Conservancy. Completing the California Coastal Trail, 0. Impact Sciences, Inc..- Paradiso del Mare Ocean and Inland Estates Draft EIR

7 . Recreation 0 Las Varas Canyon Trail: This proposed trail, about mile northwest of the project site, is located immediately adjacent to the western boundary of the proposed Santa Barbara Ranch development. This proposed trail would lead north from US Highway along Las Varas Canyon into Los Padres National Forest and veer slightly west to merge with Gato Canyon, eventually linking with Lake Cachuma. Baron Ranch Trail: The proposed Baron Ranch Trail, located approximately miles from the project site, would extend about miles through,0 acres of County-owned land in the Arroyo Quemada Creek watershed, with possible extensions to Los Padres National Forest to the north. Although not identified in existing County plans, the trail proposal is being cooperatively developed by concerned citizens and the County Parks and Public Works Departments. Potential Las Varas Ranch Coastal Access: The proposed Las Varas Ranch coastal access easement would be located approximately. miles west of the project site and is proposed as a part of pending development and associated permit applications (Case No. 0TPM ). This proposed vertical access easement across the property would connect the Las Varas Ranch entrance (an at-grade crossing with US Highway ) to a trail running generally southward along Las Varas Creek, with coastal access potentially provided via an existing culvert under the Union Pacific Railroad (UPRR) tracks to the beach at the mouth of Las Varas Creek. A lateral east-west trail easement across Las Varas Ranch is also proposed located north of US Highway, providing a segment of the California Coastal Trail (Case No. 0LLA ). Potential Santa Barbara Ranch Trails: Located just west of the project site, adjacent to the applicant-owned Naples lots, this proposed segment of the Coastal Trail is part of the Santa Barbara Ranch project, which is still pending before the California Coastal Commission. This project includes proposed lateral trail access through the dedication of easements to the County along the north and south sides of US Highway, as well as vertical access to the bluff top; no beach access is proposed. The lateral trails on the north and south sides of the highway would be connected via the existing Dos Pueblos Canyon Road underpass. A 0-space public parking lot and restrooms are proposed to support the public use of the trails. County of Santa Barbara Comprehensive Plan, August, Conservation Element, Parks, Recreation and Trails (PRT) Map Impact Sciences, Inc..- Paradiso del Mare Ocean and Inland Estates Draft EIR

8 . Recreation... Existing Access and Recreational Uses Prior land use on the site includes oil and gas production, farming, and grazing. As a result of these past uses, heavily degraded roads and other paved surfaces exist on the site. The project site does not contain any formal recreational use areas for activities such as hiking, biking, or equestrian trails. However, surfers and other recreationists use the site to access the shoreline. Multiple informal footpaths have existed on site for almost 0 years. The path most heavily used is located in the central portion of the project site, approximately,000 feet east of the proposed Inland Estate development envelope (Figure.-, shown later in this document). The path can be identified due to trampled vegetation and compacted soil and is visible in aerial photographs from through the present. The path extends south, crosses the railroad tracks, and joins an existing dirt road that passes directly through the Ocean Estate development envelope. It then connects to a moderately steep unimproved path down the eastern edge of Tomate Canyon to the beach. The bluff in this area is approximately feet high, with slopes of approximately percent. Unauthorized public use of the trail and vertical beach access (primarily by surfers) has been documented online, in published surf guides, as a part of the Arco dos Pueblos Golf Links project (see Appendix.), through communications with the California Coastal Commission (CCC), and directly by County of Santa Barbara staff (see Appendix.). An EIR prepared in 0 for the proposed Paradiso del Mare project indicated that staff has observed to vehicles parked on Calle Real at the unofficial trailhead and surfers using the site have stated that up to 0 cars can be parked at this location during ideal surfing conditions. Use appears to be heaviest in winter months when favorable surfing conditions exist along the South Coast. One source cites typical winter day use of between and 0 persons surfing the area along Naples Reef and notes that the number of surfers at any one time is highly variable and many days experience little or no public use. Other sources note that up to 0 surfers can be in the water at any one Aerial photographs showing the existing trail are provided in Appendix. Naples Surfing in Santa Barbara, /California/Santa_Barbara/naples/. Editors of Surfer Magazine, Surfer Magazine s Guide to Southern California Surf Spots, (0) ; Cleary, Bill and David H. Stern, Surfing Guide to Southern California, (). County of Santa Barbara. Revised EIR Scoping Document Paradiso del Mare Ocean and Inland Estates (0CDH ), 0CDH , 0CUP , 0RDN June, 0. Impact Sciences, Inc..- Paradiso del Mare Ocean and Inland Estates Draft EIR

9 . Recreation time, with an estimated 0 surfers cycling through the Naples surf break over the course of a peak day. Coastal access can also be obtained by a path and rope ladder down a small canyon in the central portion of the project site. The informal trails that cross the project parcels are also used by the public to obtain off-site vertical access to the beach. These main offsite vertical access points include access unto the Naples property to the west and down to the beach, and access unto the McCaw property to the east and down to the beach through Eagle Canyon. The nearest formal public access to the shoreline in this area is the parking lot and coastal access trail at the Bacara Resort and Spa, located approximately 0. mile east of the project site s eastern boundary and approximately.0 miles from the Naples surf break. However, public access along the coast from this coastal access trail to the Naples surf break and Burmah Beach is generally restricted to periods of low tides due to the narrow ephemeral beach, intermittent cobble sills and rocky points at Ellwood Pier, Eagle Canyon Creek, and several other places... REGULATORY FRAMEWORK As described above, the state, County, City of Goleta, and private entities all manage recreational resources within the vicinity of the project area. At the state and county levels, the State Department of Parks and Recreation and the County Parks Department are responsible for the management and maintenance of parks and trails within their respective jurisdictions.... Federal Regulations National Historic Trails are designated to protect the remains of significant overland routes to reflect the history of the nation. The De Anza Trail was designated a National Historic Trail by Congress in 0. The National Trails Act of ( USC et. seq.), as amended through November,, describes the trail as follows: The Juan Bautista de Anza National Historic Trail, a trail comprising the overland route traveled by Captain Juan Bautista de Anza of Spain during the years and from Sonora, Mexico, to the vicinity of San Francisco, AMEC, Draft Environmental Impact Report for the Paradiso del Mare Ocean and Inland Estates, September 0. Impact Sciences, Inc..- Paradiso del Mare Ocean and Inland Estates Draft EIR

10 . Recreation 0 California, as generally described in the report of the Department of Interior prepared pursuant to the subsection (b) entitled 'Juan Bautista de Anza National Trail Study, Feasibility Study and Environmental Assessment' and dated August,. A map generally depicting the trail shall be on file and available for public inspection in the Office of the Director of the National Park Service, Washington, District of Columbia. The trail shall be administered by the Secretary of Interior. No lands or interest therein outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the Juan Bautista de Anza National Historic Trail without the consent of the owner thereof. In implementing this paragraph, the Secretary shall encourage volunteer trail groups to participate in the development and maintenance of the trail. Occasionally, federal agencies acquire lands for the purpose of establishing National Historic Trails. More often than not, they work in partnership with the states, local governments, land trusts, and private landowners, to protect lands and structures along these trails, enabling them to be accessible to the public.... State Regulations California Coastal Act The California Coastal Act (Section 0000 et. seq.), Coastal Resources Planning and Management Policies, include provisions (Section 00 0) for the protection and management of public access and coastal recreational resources. The Coastal Act policies concerning recreational resources that are relevant to the proposed project are listed below: Coastal Act Section 00. In carrying out the requirement of Section of Article X of the California Constitution, maximum access, which shall be conspicuously posted, and recreational opportunities shall be provided for all the people consistent with public safety needs and the need to protect public rights, rights of private property owners, and natural resource areas from overuse. (Amended by Ch., Stats..) Coastal Act Section 0: Development shall not interfere with the public's right of access to the sea where acquired through use or legislative authorization, including, but not limited to, the use of dry sand and rocky coastal beaches to the first line of terrestrial vegetation. Impact Sciences, Inc..- Paradiso del Mare Ocean and Inland Estates Draft EIR

11 . Recreation 0 Coastal Act Section 0: (a) Public access from the nearest public roadway to the shoreline and along the coast shall be provided in new development projects except where: () it is inconsistent with public safety, military security needs, or the protection of fragile coastal resources, () adequate access exists nearby, or, () agriculture would be adversely affected. Dedicated access shall not be required to be opened to public use until a public agency or private association agrees to accept responsibility for maintenance and liability of the accessway. (b) For purposes of this section, "new development" does not include: () Replacement of any structure pursuant to the provisions of subdivision (g) of Section 0. () The demolition and reconstruction of a single-family residence; provided, that the reconstructed residence shall not exceed either the floor area, height or bulk of the former structure by more than percent, and that the reconstructed residence shall be sited in the same location on the affected property as the former structure. () Improvements to any structure which do not change the intensity of its use, which do not increase either the floor area, height, or bulk of the structure by more than percent, which do not block or impede public access, and which do not result in a seaward encroachment by the structure. () The reconstruction or repair of any seawall; provided, however, that the reconstructed or repaired seawall is not a seaward of the location of the former structure. () Any repair or maintenance activity for which the commission has determined, pursuant to Section 0, that a coastal development permit will be required unless the commission determines that the activity will have an adverse impact on lateral public access along the beach. As used in this subdivision "bulk" means total interior cubic volume as measured from the exterior surface of the structure. (c) Nothing in this division shall restrict public access nor shall it excuse the performance of duties and responsibilities of public agencies which are required by Sections. to., inclusive, of the Government Code, and by Section of Article X of the California Constitution. (Amended by: Ch., Stats. ; Ch., Stats. ; Ch., Stats..) Coastal Act Section 0.: Wherever appropriate and feasible, public facilities, including parking areas or facilities, shall be distributed throughout an area so as to mitigate against the impacts, social and otherwise, of overcrowding or overuse by the public of any single area. Impact Sciences, Inc..- Paradiso del Mare Ocean and Inland Estates Draft EIR

12 . Recreation 0 Coastal Act Section 0: Lower cost visitor and recreational facilities shall be protected, encouraged, and, where feasible, provided. Developments providing public recreational opportunities are preferred. The commission shall not: () require that overnight room rentals be fixed at an amount certain for any privately owned and operated hotel, motel, or other similar visitor-serving facility located on either public or private lands; or () establish or approve any method for the identification of low or moderate income persons for the purpose of determining eligibility for overnight room rentals in any such facilities. (Amended by: Ch., Stats. ; Ch., Stats. 0; Ch. 0, Stats. ; Ch., Stats..) Coastal Act Section 0: (a) The public access policies of this article shall be implemented in a manner that takes into account the need to regulate the time, place, and manner of public access depending on the facts and circumstances in each case including, but not limited to, the following: () Topographic and geologic site characteristics. () The capacity of the site to sustain use and at what level of intensity. () The appropriateness of limiting public access to the right to pass and re-pass depending on such factors as the fragility of the natural resources in the area and the proximity of the access area to adjacent residential uses. () The need to provide for the management of access areas so as to protect the privacy of adjacent property owners and to protect the aesthetic values of the area by providing for the collection of litter. (b) It is the intent of the Legislature that the public access policies of this article be carried out in a reasonable manner that considers the equities and that balances the rights of the individual property owner with the public's constitutional right of access pursuant to Section of Article X of the California Constitution. Nothing in this section or any amendment thereto shall be construed as a limitation on the rights guaranteed to the public under Section of Article X of the California Constitution. (c) In carrying out the public access policies of this article, the commission and any other responsible public agency shall consider and encourage the utilization of innovative access management techniques, including, but not limited to, agreements with private organizations which would minimize management costs and encourage the use of volunteer programs. (Amended by: Ch., Stats. ; Ch., Stats..) Impact Sciences, Inc..- Paradiso del Mare Ocean and Inland Estates Draft EIR

13 . Recreation Coastal Act Section 0: Oceanfront land suitable for recreational use shall be protected for recreational use and development unless present and foreseeable future demand for public or commercial recreational activities that could be accommodated on the property is already adequately provided for in the area. Coastal Act Section 0: Upland areas necessary to support coastal recreational uses shall be reserved for such uses, where feasible.... Local Regulations Santa Barbara County Local Coastal Plan The County of Santa Barbara s Local Coastal Plan (LCP) contains the principal recreational policies for development within Santa Barbara County s Coastal Zone. Policies relevant to recreation include: 0 Policy -: For all development between the first public road and the ocean granting of an easement to allow vertical access to the mean high tide line shall be mandatory unless: a. Another more suitable public access corridor is available or proposed by the land use plan within a reasonable distance of the site measured along the shoreline, or b. Access at the site would result in unmitigable adverse impacts on areas designated as Habitat Areas by the land use plan, or c. Findings are made, consistent with Section 0 of the Act, that access is inconsistent with public safety, military security needs, or that agriculture would be adversely affected, or d. The parcel is too narrow to allow for an adequate vertical access corridor without adversely affecting the privacy of the property owner. In no case, however, shall development interfere with the public s right of access to the sea where acquired through use unless an equivalent access to the same beach area is guaranteed. The County may also require the applicant to improve the access corridor and provide bike racks, signs, parking, etc. Impact Sciences, Inc..- Paradiso del Mare Ocean and Inland Estates Draft EIR

14 . Recreation 0 Policy -: Policy -: Policy -: For all new development between the first public road and the ocean, granting of lateral easements to allow for public access along the shoreline shall be mandatory. In coastal areas, where the bluffs exceed five feet in height, all beach seaward of the base of the bluff shall be dedicated. In coastal areas where the bluffs are less than five feet, the area to be dedicated shall be determined by the County, based on findings reflecting historic use, existing and future public recreational needs, and coastal resource protection. At a minimum, the dedicated easement shall be adequate to allow for lateral access during periods of high tide. In no case shall the dedicated easement be required to be closer than feet to a residential structure. In addition, all fences, no trespassing signs, and other obstructions that may limit public lateral access shall be removed as a condition of development approval. The County, or appropriate public agency, shall determine the environmental carrying capacity for all existing and proposed recreational areas sited on or adjacent to dunes, wetlands, streams, tide pools, or any other areas designated as Habitat Areas by the land use plan. A management program to control the kinds, intensities, and locations of recreational activities so that habitat resources are preserved shall be developed, implemented, and enforced. The level of facility development (i.e., parking spaces, camping sites, etc.) shall be correlated with the environmental carrying capacity. In order to protect natural and visual resources of the coastal zone between Ellwood and Gaviota, development of recreational facilities shall not impede views between US and the ocean, shall minimize grading, removal of vegetation, and paving, and be compatible with the rural character of the area. Existing natural features shall remain undisturbed to the maximum extent possible, and landscaping shall consist of drought-tolerant species. Impact Sciences, Inc..- Paradiso del Mare Ocean and Inland Estates Draft EIR

15 . Recreation Policy -: Policy -: Policy -: Policy -: Expanded opportunities for access and recreation shall be provided in the Gaviota Coast planning area. In order to protect the marine resources of Naples Reef and the adjacent beach as a hauling out area for harbor seals, intensive recreational use shall not be encouraged. Access to the site should continue to be by way of boats. Easements for trails shall be required as a condition of project approval for that portion of the trail crossing the parcel upon which the project is proposed. All proposed trails for the coastal zone shall be incorporated into the County s Master Plans for hiking, biking, and equestrian trails. Santa Barbara County Comprehensive Plan. The Goals and Policies section of the Land Use Element states: Opportunities for hiking and equestrian trails should be preserved, improved and expanded wherever compatible with surrounding uses The Open Space Element states; however: there inevitably will be conflicts between these kinds of facilities and certain adjacent land uses unless the recreational rights of way have generous widths, are fenced, and in some cases are screened. Where paths and trails lie adjacent to residential properties, particularly along rear lot lines, privacy may be invaded and security may be threatened. In the case of orchards, vineyards and similar crop lands, there are dangers of pilferage and transmission of plant diseases. All of these factors should be taken into account, with respect both to present and future residential and agricultural lands, in selecting bicycle path and pedestrian or equestrian trail locations. These plans are the Parks, Recreation, and Trails (PRT) Maps which are a part of the Comprehensive Plan. Impact Sciences, Inc..- Paradiso del Mare Ocean and Inland Estates Draft EIR

16 . Recreation 0 Santa Barbara County Coastal Zoning Ordinance. Development in the Coastal Zone is regulated by the Santa Barbara County Coastal Zoning Ordinance. Sections -, Beach Development, and -, Coastal Trails, of the Zoning Ordinance pertain to the proposed project and include: Section -.: For all new development between the first public road and the ocean, granting of an easement to allow vertical access to the mean high tide line shall be mandatory unless: a. another more suitable public access corridor is available or proposed by the Land Use Plan within a reasonable distance of the site measured along the shoreline; or b. access at the site would result in unmitigable adverse impacts on areas designated as "Habitat Areas" by the Land Use Plan; or c. findings are made, consistent with Public Resources Code Section 0 of the Coastal Act, that access is inconsistent with public safety or military security needs, or that agriculture would be adversely affected; or d. the lot is too narrow to allow for an adequate vertical access corridor without adversely affecting the privacy of the property owner. In no case, however, shall development interfere with the public right of access to the sea where acquired through use unless an equivalent access to the same beach area is guaranteed. The County may also require the applicant to improve the access corridor and provide bike racks, signs, parking, etc. This policy shall not apply to development excluded from the public access requirements of the Coastal Act by Public Resources Code Section 0 or to development incidental to an existing use on the site. Section -.: For all new development between the first public road and the ocean, granting of lateral easements to allow for public access along the shoreline shall be mandatory. In coastal areas, where the bluffs exceed feet in height, the lateral easement shall include all beach seaward of the base of the bluff. In coastal areas where the bluffs are less than feet, the area of the easement to be granted shall be determined by the County based on findings reflecting historic use, existing and future public recreational needs, and coastal resource protection. At a minimum, the lateral easement shall be adequate to allow for lateral access during periods of high tide. In no case shall the lateral easement be required to be closer than feet to a residential structure. In addition, all fences, no trespassing signs, and other obstructions that may limit public Impact Sciences, Inc..- Paradiso del Mare Ocean and Inland Estates Draft EIR

17 . Recreation lateral access shall be removed as a condition of development approval. This policy shall not apply to development excluded from the public access requirements of the Coastal Act by Public Resources Code Section 0 or to development incidental to an existing use on the site. Sec. -. Coastal Trails: Easements for trails shown on the Santa Barbara County Comprehensive Plan Parks, Recreation, and Trails maps (PRT) shall be required as a condition of project approval for that portion of the trail crossing the lot upon which the project is proposed. The County s adopted PRT maps depict the California Coastal Trail crossing the site south of the UPRR for approximately mile from east to west. These maps generally represent a corridor rather than an exact location to permit some flexibility in siting the final trail... ENVIRONMENTAL IMPACTS... Thresholds of Significance Santa Barbara County The County s Initial Study Checklist identifies criteria for evaluating whether a project would have a significant effect on the environment. According to the checklist, a proposed project may have a significant effect on recreation if it will: conflict with established recreational uses of the area, including biking, hiking and equestrian trails; or result in a substantial impact on the quality or quantity of existing recreational opportunities (e.g., overuse of an area with constraints on numbers of people, vehicles, animals, etc. which might safely use the area). California Environmental Quality Act In addition, Appendix G of the California Environmental Quality Act (CEQA) Guidelinesindicates that a project may have a significant effect on recreational resources if it would: Impact Sciences, Inc..- Paradiso del Mare Ocean and Inland Estates Draft EIR

18 . Recreation Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated; or Include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment;... Impact Assessment Methodology The impact assessment methodology used in this analysis consisted of evaluating two types of impacts () the potential for overuse of recreational facilities to occur as a result of the project due to induced population; and () the potential for a loss of recreational facilities to occur. To determine these impacts, existing conditions, including current recreational facilities in the area and on the site, are described above based on sitespecific information obtained from several sources as described in Subsection... Significance criteria were then developed and used to evaluate potential impacts.... Project Impact Analysis REC- The proposed project would increase population on the project site, but would not contribute to the deterioration of nearby recreational facilities (Class III). 0 Impact Analysis: As described above, numerous recreational opportunities exist near the project site. These include trails, state parks, and the beach itself. As the proposed project would include the construction of two homes, it could result in an incremental increase in the number of local residents utilizing nearby trails, beaches and other recreational opportunities. The project also proposes dedications for recreational opportunities, including a Coastal Trail easement, lateral access over the UPRR tracks, vertical beach access, a floating easement for vertical beach access, a beach trail, overlook point, and a -space parking lot for public use. Due to the opportunities for recreation that are available on the site, it is anticipated residents would use those trails, beaches, etc., reducing the impact to recreational areas located further away. In addition, since the two homes proposed on the project site would not generate a substantial increase in population, there would be no resulting substantial increase in the use of nearby recreational facilities. Mitigation Measures: No mitigation is required. Impact Sciences, Inc..- Paradiso del Mare Ocean and Inland Estates Draft EIR

19 . Recreation Residual Impact: REC- Impact Analysis: Class III Impact. Development of the proposed project would block access to the primary existing (unauthorized) trail used to access Burmah Beach and the Naples Reef surf break (Class III). Changes from the 0 Draft EIR to the Revised Draft EIR The 0 Draft EIR prepared by AMEC concluded that the impact to the existing unauthorized trail was a Class I impact. In this Revised Draft EIR, the conclusion is that the impact is a Class III, less than significant, impact. This changed conclusion is based upon the revised project description and that the Draft EIR did not consider or address some issues, as discussed below. The project description changed as follows: The project now includes all the items in the Draft EIR Mitigation Measure REC-a, including an easement for a vehicle parking lot (Mitigation Measure MM REC-a required and vehicle lot), extension of the applicant-proposed lateral Coastal Trail for an additional 0 feet, and access from the parking area to the lateral Coastal Trail over the UPRR tracks; The project now includes a floating easement between Drainage # and Eagle Canyon, which allows flexibility in vertical access to the beach; and The project now includes a -acre conservation easement, which will ensure longterm uninterrupted mountain views from the Coastal Trail over the property. The 0 Draft EIR did not consider or address the following: That the existing unauthorized access could be taken away at any time by the current property owner, without the proposed project; That the existing unauthorized access is limited to access for able-bodied; That the existing parking is off-site and on the North side of US Highway, and trail users must run across US Highway to access the site; The proposed project does not impact the existing parking; Impact Sciences, Inc..- Paradiso del Mare Ocean and Inland Estates Draft EIR

20 . Recreation That the proposed project provides legal, authorized access to the public whereas the current access is not formally authorized; That the County s stated policy with respect to the Naples Surf break is to limit recreation use at the site. Coastal Policy - states, In order to protect the marine resources of Naples Reef and the adjacent beach as a hauling out area for harbor seals, intensive recreational use shall not be encouraged. Access to the site should continue to be by way of boats; That the existing trails are unimproved and unauthorized and there is no on-site parking; and That there is presently no public easement over the railroad tracks. 0 Impact Discussion Upon build out, the proposed project would eliminate one of the most heavily used existing unauthorized trails on the project site. The trail is used by surfers and other recreationists to access to the shoreline, specifically at Burmah Beach and the Naples surf break in the location of the seal haul-out. As discussed in Subsection... (Existing Access and Recreational Uses) the existing trail and vertical access to the beach are documented as existing on site from at least to the present. Unauthorized public use of the trail and vertical beach access (primarily by surfers) has been documented online, in published surf guides, as a part of the Arco dos Pueblos Golf Links project, through communications with the California Coastal Commission (CCC), and directly by County of Santa Barbara staff. The proposed Ocean Estate would be constructed on the unauthorized trail, thereby eliminating the primary vertical beach access used by the public to reach Burmah Beach and the Naples Reef surf break. However, the proposed project includes dedication of a number of easements for public access improvements which would, when complete, provide a higher level of public access that would be safer, legal, and more consistent with habitat protection policies than the existing, informal trails. The existing unauthorized trail entails pedestrian crossing of US Highway (due to the lack of an on-site parking lot) and unauthorized crossing of the UPRR tracks. The existing unauthorized vertical access to the beach is located directly adjacent to a seal haul-out and contributes to bluff erosion due to lack of a stairway. Additionally, other on-site and off-site trails used to access the shoreline would not be eliminated by the proposed project. Those access points include one unauthorized access located in the middle of the site, the unauthorized off-site Naples Impact Sciences, Inc..- Paradiso del Mare Ocean and Inland Estates Draft EIR

21 . Recreation 0 and Eagle Canyon access points, and legal access at Haskells Beach (during low tides). Haskells Beach is located approximately. miles from Naples Reef/Burmah Beach. As part of the proposed project, the applicant has offered to dedicate a number of formal public access easements to the County or other appropriate implementing entity. These dedications (illustrated in Figure.-, Location of Proposed Trails and described in detail in Section.0, Project Description) are offered only in conjunction with the proposed project and would not be offered in conjunction with any of the project alternatives. The public access dedications include:. Lateral access along the beach measured from the base of the bluff to the mean high tide line. Approximately,00 linear feet (.0 acres) of the lateral Coastal Trail on the oceanfront parcel. A 0.0-acre bluff-top lookout area;. 0. acre on the inland parcel for future development of a -space parking lot. A public trail extending from the parking lot, across a bridge over the UPRR tracks, to the proposed Coastal Trail. Vertical access corridor (0. acre) at Eagle Canyon. Vertical access to the beach within a floating easement extending along the coastal bluff from Drainage to Eagle Canyon (proposed in lieu of the Eagle Canyon vertical access should access within the floating easement be deemed preferable by the implementing entity) The floating easement provides flexibility for the exact siting of the vertical beach access in order to facilitate optimal design options and minimization of potential environmental impacts. Specifically, the floating easement would provide design flexibility to locate the potential future stairway further from the seal haul-out near the existing unauthorized vertical access and outside of the Environmentally Sensitive Habitat at Eagle Canyon, where impacts to red-legged frog and southwestern pond turtle could occur. In addition, as discussed below, the floating easement would allow the most cost-effective stairway location to be chosen. The easements would be dedicated to an implementing entity (possibly a non-profit organization or the County). Impact Sciences, Inc..- Paradiso del Mare Ocean and Inland Estates Draft EIR

22 . Recreation 0 At this time, the UPRR has not yet agreed to grant public access across UPRR tracks as proposed in dedication no., above. Existing easements specifically allow private access. A new agreement with the UPRR, as well as approval by the California Public Utilities Commission (CPUC), would be required for the easement to specifically allow public access over the UPRR tracks. The applicant has begun negotiations with the UPRR to secure public access over the UPRR tracks and has committed to continue these negotiations along with their negotiations to obtain private access over the tracks to the Ocean Estate. The applicant has further confirmed that negotiations for private access over the UPRR tracks will support, and in no way undermine or usurp, receipt of an easement for public access over the UPRR tracks. If the project is ultimately approved with the proposed access dedications, it is anticipated that the County would assist the applicant and implementing entity in negotiations with the UPRR and CPUC. In discussions with the applicant and County staff, UPRR staff indicated that approval of an at-grade public crossing would be unlikely if not impossible due to UPRR design requirements and safety concerns. Access over the UPRR tracks via a new bridge in the location of the existing bridge was discussed as a more viable option. The discussions with UPRR staff also made it clear that the existing bridge would most likely need to be replaced with a new bridge that would meet UPRR design standards. Because the bridge would provide public access, the design and construction of the bridge would also require approval by the CPUC. The cost for construction of the public access improvements would be borne by the implementing entity. Based upon estimates for the cost of construction of the bridge that would connect the Ocean and Inland Estates, the cost for construction of the public access bridge is estimated at around $,,000 to $,,000. In, the applicant prepared engineered drawings for a stairway located within the Eagle Canyon drainage. Design and construction of the stairway within Eagle Canyon is anticipated to cost around $. million dollars. Additionally, construction within the drainage was anticipated to have impacts to sensitive species such as California red-legged frog and southwestern pond turtle. Therefore, the applicant has proposed a floating easement between Eagle Canyon and drainage #. Construction of a stairway within the floating easement could be pursued as an alternative to the proposed access within Eagle Canyon if deemed preferable from a feasibility and environmental impact perspective. Impact Sciences, Inc..- Paradiso del Mare Ocean and Inland Estates Draft EIR

23 EXISTING VEHICLE PARKING LOCATION EXISTING HIGHWAY CROSSING EXISTING UNAUTHORIZED VERTICAL ACCESS TRAIL TOMATE CANYON EXISTING TOMATE CANYON BEACH ACCESS UNION PACIFIC RAILROAD UNION PACIFIC RAILROAD EXISTING BRIDGE EAGLE CANYON NAPLES SURF BREAK P A C I F I C O C E A N EAGLE CANYON BEACH LEGEND n 0 APPROXIMATE SCALE IN FEET Property Boundary Existing Unauthorized Trail Agricultural Planting Areas Proposed Development Envelope Proposed Agricultural Envelope Residence Access Road Utility Corridor Coastal Trail Public Access Trail Coastal Overlook Vertical Beach Access Trail Corridor FIGURE.- Existing and Proposed Recreational Uses on the Subject Parcels -00 0/