Plan for new Ontario Ridge trail near Avila Beach moves ahead

After a year of San Luis Obispo County staff review, plans to relocate a popular hiking trail that connects Ontario Ridge to Pirate’s Cove near Avila Beach are moving forward.

The county Board of Supervisors on Tuesday approved a request by property owner Rob McCarthy to continue his efforts to build a new hiking trail to replace an existing trail that draws hikers because of its panoramic ocean views and proximity to the secluded cove.

The request to reroute the trail is the latest in a series of controversial developments and changes proposed in recent years by McCarthy to his Ontario Ridge property. He requested the permit from the county a year ago but was delayed because county planning staffers said they needed more information. Staff recommended denying the request until certain conditions are met.

Approval of the trail relocation would be contingent upon McCarthy meeting two requirements: He must demonstrate that the new trail has value to the public because it connects to other trails or public access points. And he must establish a funding source for maintenance of the new trail. The county estimates the maintenance cost to be $14,000 annually.

The county has permitting authority because it owns an easement on the steep trail that is used to access cellular communications equipment on the ridge.

Supervisors Frank Mecham, Debbie Arnold and Lynn Compton voted to allow McCarthy to continue with his efforts to obtain a discretionary permit to build the new trail upon meeting the two requirements. Supervisors Adam Hill and Bruce Gibson voted to deny the request.

“I think the motion was premature because it really doesn’t decide anything,” Hill said. “I think a lawsuit to prove prescriptive rights on the existing trail is likely.”

Hikers can sue to keep a trail on private land open if it can be proven in court that the public has had uncontested, long-term access to the trail. Hill said he would prefer to wait to see how the threat of a lawsuit plays out before moving ahead with issuing permits for the new trail.

The new trail would have to go through the regular county planning approval process. This will include approval by the county Planning Commission and a possible appeal to the Board of Supervisors and California Coastal Commission.

“We are still in the very preliminary stages,” said Nick Franco, county parks manager.

The network of trails on Ontario Ridge is popular because it offers views of the Pacific Ocean, and hikers use the steep trail on McCarthy’s property to reach coastal access points at Pirate’s Cove.

McCarthy is concerned that the steep trail opens him up to a liability claim if a hiker falls and is injured. He wants to build the new, less steep trail on an adjacent parcel to the west and fence off the steep trail.

However, Hill argues that the safety concerns are unfounded. He said no one has been hurt on the steep trail even after decades of use.

This is not the first time McCarthy has clashed with county and state officials in an effort to develop or make improvements to his 37-acre Ontario Ridge parcel. In 2013, the Coastal Commission denied McCarthy’s application to build a home on the parcel. He then erected fences and signs on the property, blocking hiking trails that had been used by the public since the 1960s. He eventually removed the fences after being told to do so by the Coastal Commission.

This story was originally published March 10, 2016 at 5:47 PM with the headline "Plan for new Ontario Ridge trail near Avila Beach moves ahead."