HomeMy WebLinkAbout2024-11-20; Planning Commission; ; Agua Hedionda Outer Lagoon Maintenance DredgingMeeting Date: Nov. 20, 2024
To: Planning Commission
Staff Contact: Nicole Morrow, Assistant Planner
442-339-5438, nicole.morrow@carlsbadca.gov
Subject: Agua Hedionda Outer Lagoon Maintenance Dredging
Location: Outer basin of the Agua Hedionda Lagoon, Carlsbad State Beach sand deposition
sites between Oak Avenue and Cannon Road, Tamarack State Beach parking lot
Case Numbers: SUP 2024-0006 (DEV06068)
Applicant/Representative: Channelside Water Resources, LP
CEQA Determination: ☐Not a Project ☒ Exempt ☐ IS/ND or IS/MND ☐ EIR
☐Other:
Permit Type(s): ☐SDP ☐ CUP ☐ CDP ☐ TM/TPM ☐ GPA ☐ REZ ☐ LCPA
☒Other: SUP
CEQA Status: ☐The environmental assessment IS on the Agenda for discussion
☒A CEQA determination was already issued. That decision is final and
IS NOT on the Agenda
Commission Action: ☒Decision ☐ Recommendation to City Council ☐ Informational (No Action)
Recommended Action
That the Planning Commission ADOPT a Resolution (Exhibit 1) APPROVING a Special Use Permit (floodplain) (SUP
2024-0006), based on the findings and subject to the conditions contained therein.
Existing Conditions & Project Description
Existing Setting
Agua Hedionda Lagoon consists of three basins: the outer, middle and inner basins. The outer Agua Hedionda
Lagoon (66 acres), between Carlsbad Boulevard and the railroad tracks, was originally dredged in 1954 as part of
the construction for the Encina Power Station and has been subject to routine maintenance dredging,
approximately every 2-3 years, since that time. The dredging is performed to remove sediment transported into
the lagoon by tidal action through the existing jetty structure. The Encina Power Station was retired in 2018 and
demolished in 2022, however, sand transport into the lagoon system is further accelerated by the seawater
pumping activities associated with operation of the Claude “Bud” Lewis Carlsbad Desalinization Plant which came
online in 2015. The plant is dependent on water intake from the ocean and therefore, the plant’s operation causes
sand to accumulate in the lagoon faster than erosion alone would.
Also part of the project site, Carlsbad State Beach between Oak Avenue and Cannon Road has been identified as
the proposed deposition site for dredge material. The area consists of flat, open beaches with recreational
Nov. 20, 2024 Item #1 1 of 82
PLANNING COMMISSION
Staff Report .
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amenities such as volleyball courts and lifeguard services. In recent years, the continual movement of sand due to
erosion has caused the shoreline to recede, reducing the availability of usable beach space. Various regional sand
nourishment programs are being studied to address the eroding coastline.
The city has processed applications for routine dredges of the lagoon in the past. The most recent approval was
the issuance of a Special Use Permit (SUP 06-10X2(A)) which was approved by the Planning Commission on Sept.
20, 2017. The permit was granted with a retroactive extension of 5 years, intended to grant approval for multiple
successive dredges prior to its expiration in 2021. The Special Use Permit that will be issued for the 2025 dredge
cycle is not an extension of the prior permit because the applicant did not submit a request for extension prior to
the 2017 permit’s expiration.
TABLE A – SITE AND SURROUNDING LAND USE
Location General Plan Designation Zoning Designation Current Land Use
Site OS – Open Space OS – Open Space Open Space,
Desalinization Plant
North
Open Space (OS),
Residential (R-8),
Residential (R-23)
Open Space (OS),
Multi-family Residential (R-3),
Commercial
Tourist/Residential Density –
Multiple (RD-M)
Open Space,
Residential
South
Open Space (OS),
Visitor Commercial/Open Space (VC/OS),
Public (P)
Open Space (OS),
Public Utility (P-U)
Open Space,
Desalinization Plant
East
Open Space (OS),
Visitor Commercial/Open Space (VC/OS),
Public (P),
Transit Corridor (T-C)
Open Space (OS),
Public Utility (P-U),
Transit Corridor (T-C)
Open Space,
Railroad
West N/A (Pacific Ocean) N/A (Pacific Ocean) N/A (Pacific Ocean)
General Plan Designation Zoning Designation
Sand
Deposition Sites
Sand Deposition Sites
Dredge Site Dredge Site
Nov. 20, 2024 Item #1 2 of 82
Proposed Project
Channelside Water Resources LP (Channelside) is proposing to conduct routine maintenance dredging within the
Outer Basin of Agua Hedionda Lagoon (Lagoon) in Carlsbad, California. The Lagoon is a 235-acre estuary comprised
of an Inner Basin, Middle Basin and Outer Basin. Maintenance dredging within the Lagoon has been conducted
routinely since 1954, when the now-decommissioned Encina Power Station opened. Historical sediment removal
ensured adequate flow of cooling water to the Encina Power Station, located on the southern edge of the Outer
Basin, until its closure in 2018. The Carlsbad Desalination Plant is located at the same site as the former Encina
Power Station and currently uses the power plant’s intake and outfall facilities for the desalination process.
(Construction is presently underway to provide intake and outfall infrastructure specifically for the desalination
plant.) Dredging is required to remove the flood-tide shoal and maintain the intake water flow for the Carlsbad
Desalination Plant. Dredging has typically been conducted every 2 to 3 years, with the most recent dredges
occurring in 2018 and 2021. Since 1999, dredged material from the Lagoon has been placed on nearby Carlsbad
State Beaches.
Similar to past operations, dredged material will be characterized to determine suitability for beach nourishment
at the adjacent north, middle and south sediment deposition sites located on Carlsbad State Beach (Exhibit 2).
The amount of sand placed on each of the receiver beaches will be determined based on existing and historical
beach widths and profiles, the consideration of recreational use of each beach, and the avoidance of impacts to
sensitive wetland habitat. Maintenance dredging using a hydraulic dredge is planned in the Outer Basin to a design
depth of approximately -22 feet below the assessed average low tide level. The total volume of material proposed
for dredging is estimated to be 451,400 cubic yards (cy), consisting of 392,400 cy above design depth with up to a
59,000 additional cy of contingency based on the lagoon conditions when the dredging occurs. The staging area
would be located at the Tamarack Beach parking lot, resulting in periodic closures of the lot, and the project would
use the following equipment: dredger, barge, tugboat, discharge pipe, float line, work skiffs, front end loader,
forklift, and dozer. The project is anticipated to include the following phases: (1) Mobilization, (2) Middle Beach
Replenishment, (3) South Beach Replenishment, and (4) North Beach Replenishment and (5) Demobilization. The
overall construction schedule anticipates approximately 110 days of work, including the pre-dredge preparation,
lagoon dredging, and sand deposition. Provided the applicant is able to secure permits from the applicable
regulatory agencies other than the city, work is anticipated to start as early as mid-December and will be
completed before the end of April 2025.
The project’s proposed dredge site is located within the Agua Hedionda Segment of the city’s Local Coastal
Program whereas the project’s sand deposition sites are located within both the Agua Hedionda and Mello II
segments of the Local Coastal Program. Because the California Coastal Commission retains coastal development
permitting authority within the Agua Hedionda Segment and a portion of the Mello II segment where sand
deposition is proposed, the applicant will need to obtain a Coastal Development Permit from the Coastal
Commission after the permitting process has concluded with the city. The project will also be subject to additional
permitting processes through other agencies such as the Army Corps of Engineers and the California Department
of Parks and Recreation. In addition to the conditions outlined in Exhibit 1, the applicant will be subject to all state
and federal regulations implemented by these agencies regarding right of access, sensitive species monitoring and
mitigation, and design and engineering standards for navigable waterways. The city’s determinations and
conditions do not supersede those of any state or federal agency.
The Special Use Permit, if approved, would be valid for a period of 5 years. The purpose of the 5-year permit would
be to allow for multiple dredge cycles to occur without the applicant being required to resubmit an application
for a new permit or extension. Under the Conditions of Approval, the applicant will be required, however, to
submit written notice and documentation prior to each dredge detailing the proposed project, timeline, and
adherence with the conditions and findings of the permit. Prior to the expiration of the permit, an applicant would
be allowed to submit a request for extension upon which the application would be subject to a review of
consistency and Planning Commission approval. The 5-year permit is consistent with prior approvals of this
project, the most recent being SUP 06-10X2 which was approved by the Planning Commission in 2017. An
Nov. 20, 2024 Item #1 3 of 82
extension to the previous permit was not an option for this dredge cycle as the permit had expired prior to the
submission of the request for an extension.
Public Outreach & Comment
The applicant completed the Early Public Notice procedures pursuant to City Council Policy No. 84 (Development
Project Public Involvement Policy). A notice of project application was mailed on Sept. 6, 2024, to all owners of
property located within a 600-foot radius and all residents within a 100-foot radius of the project footprint. A total
of 625 property owners and residents were notified through the mailed notice of project application. No
comments were received as a result of the public notice. The project was not subject to the enhanced stakeholder
outreach because it did not meet the minimum qualifying criteria as outlined in Policy No. 84.
The applicant posted a sign meeting Policy No. 84 specifications adjacent to the project site notifying all pass-by
traffic of the project, which provides the project name, application numbers, description, as well as both developer
and city staff contact information. The sign is located on the slope adjacent to the northbound lane of Carlsbad
Boulevard south of the bridge over the lagoon’s intake jetty.
A Notice of Determination of Exemption was posted on the city’s website on Oct. 7, 2024 and an email was
distributed to interested individuals electively subscribed to the city’s environmental notice distribution list on
Oct. 9, 2024. The city received no comments regarding the validity of the Determination of Exemption. The only
correspondence received following the posting of the exemption was an email received on Oct. 9, 2024 indicating
that there is interest from a local community science team who would like to assist with the grunion monitoring
program described in the exemption.
Project Analysis
General Plan Consistency
The City of Carlsbad General Plan includes several goals and policies that guide development and land use within
the city. A discussion of how the project is consistent with the applicable General Plan policies is summarized in
Exhibit 3.
Municipal Code Consistency
The City of Carlsbad Municipal Code, most notably Title 21 Zoning, includes requirements and provisions that
guide development and land use within the city, consistent with the General Plan. Specific compliance with these
relevant requirements is described in Exhibit 3.
Local Coastal Program Consistency
The project site is located within the Coastal Zone, within the permitting jurisdiction of the California Coastal
Commission. Specifically, the dredge and sand deposition sites are located within the Agua Hedionda and Mello II
segments of the city’s Local Coastal Program. Compliance with the program as required by a finding to grant the
Special Use Permit is discussed in Exhibit 3.
The project requires a Coastal Development Permit issued by the California Coastal Commission because the
project occurs in areas where the commission has permit authority. As part of the issuance of a Coastal
Development Permit, the Coastal Commission will be responsible as well for determining whether the project is
consistent with the city’s Local Coastal Program, however, the city has also made findings as required by the
Special Use Permit that the project is consistent with the Local Coastal Program.
Nov. 20, 2024 Item #1 4 of 82
Discretionary Actions & Findings
The proposed project requires approval of a Special Use Permit, as described below:
Special Use Permit - Floodplain (SUP 2024-0006)
Approval of a Special Use Permit (SUP) is required if the project site falls within a special flood hazard area, as per
the Flood Insurance Rate Map dated May 15, 2012. This permit is necessary to ensure public health, safety, and
welfare are protected and to minimize flood-related losses. Staff finds that the required findings for this
application can be met for both the dredge and sand deposition sites (Exhibit 1).
Environmental Review
The City Planner, through the process outlined in Carlsbad Municipal Code Section 19.04.060, has determined that
this project is exempt from further environmental review pursuant to State California Environmental Quality Act
(CEQA) Guideines Section 15304(g) – Minor Alterations to Land which exempts projects for maintenance dredging
where the spoil is deposited in a spoil area authorized by all applicable state and federal regulatory agencies. On
Oct. 7, 2024, a notice of intended decision regarding the environmental determination was advertised and posted
on the city’s website. No comments were received, and no appeals were filed. Consistent with Chapter 21.54 of
the Carlsbad Municipal Code (Procedures, Hearings, Notices, and Fees) the City Planner’s written decision is final.
Refer to Exhibit 5 for additional support and justification.
Conclusion
Considering the information above and in the referenced exhibits, staff has found that the proposed project is
consistent with all applicable policies of the General Plan, Local Coastal Program and provisions of the Municipal
Code. In addition, there is no possibility that the proposed project will have a significant effect on the environment.
The project is conditioned to ensure the project’s compatibility with the surrounding properties and that the
public health, safety, and welfare of the community are maintained. The project would be required to comply
with all applicable state and federal requirements related to right of access, species protection and monitoring,
and design requirements for work on a navigable waterway. Staff recommends the Planning Commission adopt
the resolution approving the proposed project as described in this staff report.
Exhibits
1. Planning Commission Resolution
2. Location Map
3. Project Analysis
4. Disclosure Forms and Lease Agreement
5. CEQA Determination of Exemption
6. Reduced Project Exhibits
7. Full Size Project Exhibits “A” through “H” dated November 20, 2024 (on file in the Planning Division)
8. List of Acronyms and Abbreviations
Nov. 20, 2024 Item #1 5 of 82
Exhibit 1
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A SPECIAL USE PERMIT
(FLOODPLAIN), SUP 2024-0006, WITH A FIVE-YEAR TERM TO PERFORM
PERIODIC MAINTENANCE DREDGING OF THE OUTER BASIN OF AGUA
HEDIONDA LAGOON AND TO DEPOSIT THE DREDGE MATERIAL ALONG
ADJACENT PORTIONS OF NORTH, MIDDLE, AND SOUTH BEACHES OF
CARLSBAD STATE BEACH IN THE CITY’S NORTHWEST QUDRANT AND
LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: AGUA HEDIONDA LAGOON MAINTENANCE DREDGING
CASE NO: SUP 2024-0006 (DEV06068)
WHEREAS Channelside Water Resources, LP, “Developer/Owner,” has filed a verified
application with the City of Carlsbad regarding property described as
PORTIONS OF LOT “H” OF RANCHO AGUA HEDIONDA, ACCORDING TO
PARTITION MAP NO. 823, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, NOV. 16, 1896, AND A PORTION
OF MAP 203, FRAZIER PLOT, LOT 4, AND A PORTION OF MAP 1681,
THUM LANDS, TRACTS A AND B.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Floodplain Special Use
Permit as shown on Exhibits “A” - “H” dated Nov. 20, 2024, on file in the Planning Division, SUP 2024-
0006 – AGUA HEDIONDA LAGOON MAINTENANCE DREDGING, as provided by Chapter 21.110 of the
Carlsbad Municipal Code; and
WHEREAS, the City Planner, through the process outlined in Carlsbad Municipal Code
Section 19.04.060, has determined that this project is exempt from further environmental review
pursuant to State California Environmental Quality Act (CEQA) Guidelines Section 15304(g) – Minor
Alterations to Land, which exempts projects involving “maintenance dredging where the spoil is deposited
in an area authorized by all applicable state and federal regulatory agencies”; the City Planner issued a
CEQA Determination of Exemption notice. The notice was issued for public review on Oct. 7, 2024, with
the appeal period ending on Oct. 18, 2024; no appeals of the determination were filed. The effective data
and order of the City Planner CEQA Determination of Exemption was Oct. 18, 2024; and
PLANNING COMMISSION RESOLUTION NO.
Nov. 20, 2024 Item #1 6 of 82
WHEREAS, the Planning Commission did on the 20th day of Nov. 2024, hold a duly noticed
public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to
the Floodplain Special Use Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning Commission
APPROVES SUP 2024-0006 (DEV06068) - AGUA HEDIONDA LAGOON MAINTENANCE
DREDGING, based on the following findings and subject to the following conditions:
Findings:
1. The project is consistent with the General Plan, Local Coastal Program, the requirements of this
chapter, and any other applicable requirements of this code including but not limited to the following
goals, policies and requirements:
General Plan
a. Open Space Open Space, Conservation, and Recreation Element Goals 4-G.3 in that studies
and regulations to which the project is subject ensure that sensitive species will not be
disturbed by project activities. If a maintenance dredge is not performed, the lagoon will
not be able to retain its shape or hold adequate amounts of water, compromising existing
habitat.
b. Conservation, and Recreation Element Goals 4-G.5 and 4-G.9 in that the placement of
dredged sand on the beach will enhance and protect important city open space resources
and public recreation opportunities by maintaining or increasing the size (i.e., square
footage area) of useable public beach and maintaining the lagoon as a unique seawater
lagoon.
c. Open Space, Conservation, and Recreation Element Policy 4-P.33 in that dredging the outer
lagoon will allow for the continued flow of fresh, nutrient-rich ocean waters into the lagoon,
thereby maintaining/improving the overall health of the lagoon.
d. Public Safety Element 6-G.1 in that placement of dredged sand on the beach will enhance
and protect important city open space resources by assisting the buildup of a deteriorating
beach profile and by creating a wider beach which will assist in the protection of coastal
Nov. 20, 2024 Item #1 7 of 82
bluffs from erosion caused by ocean wave action, thereby protecting private and public
property in the vicinity of the beach.
e. Public Safety Element Policy 6-P.1 in that the project proposes no improvements in any
floodway or flood hazard area and is consistent with the city’s Floodplain Management
Regulations (Municipal Code Chapter 21.110).
f. Public Safety Element Policy 6-P.2 in that placement of dredged sand on the beach will assist
the buildup of a deteriorating beach profile and create a wider beach, which will assist in
the protection of coastal bluffs from erosion caused by ocean wave action, thereby
protecting private and public property and infrastructure in the vicinity of the beach.
Local Coastal Program
g. The project conforms to public access and recreation policies of Chapter 3 of the Coastal Act
in that the placement of dredged sand on the beach will enhance public recreation
opportunities by maintaining or increasing the size (square footage area) of useable beach.
Further, during dredging operations, a pedestrian circulation control and signage plan will
be implemented to ensure project awareness and safe beach access through means such as
signs, fencing, construction methods, and a project information number/hotline.
h. The project implements Agua Hedionda Land Use Plan (Agua Hedionda Lagoon segment)
Policy 3.3 in that it is conditioned to comply with the requirements of all federal and state
agencies.
i. The project supports the Coastal Act and Agua Hedionda Land Use Plan Policy 6.5 in that
dredging will allow for the continued flow of fresh, nutrient-rich ocean waters into the
lagoon, thereby maintaining/improving the overall health of the lagoon and enhancing the
outer lagoon for fishing.
j. The project supports Mello II segment Policy 4-1, Coastal Erosion, regarding beach sand
erosion and shoreline structures in that it will deposit sand onto the beach to help combat
beach sand erosion; specifically, Section III of Policy 4-1 states in part, “projects which
create dredge spoils shall be required to deposit such spoils on the beaches if the material
is suitable for sand replenishment.”
Zoning Ordinance
k. The project is consistent with Chapter 21.33, Open Space Zone, in that it aligns with the
zone’s intent and purpose and permitted uses that provide and encourage open space and
recreational uses and protects biological resources of the Agua Hedionda Lagoon.
l. The project is consistent with Chapter 21.203, Coastal Resource Protection Overlay Zone, and
specifically Section 21.203.040, in that the temporary dikes and berms created as part of the
sand deposition process on the beach help ensure shoreline ocean turbidity does not
exceed the limit as set in the San Diego Regional Water Quality Control Board 401 Water
Quality Certifications.
Nov. 20, 2024 Item #1 8 of 82
m. The project is consistent with the intent of Chapter 21.204, Coastal Shoreline Development
Overlay Zone, in terms of maintaining the shoreline as unique recreational and scenic
resource and improving public access to it.
2. The site is reasonably safe from flooding in that the proposed dredging will take place within the
lagoon. The sand deposition sites along the North, Middle, and South beaches will create an
additional buffer and reduce risk from coastal flooding as a result of the planned beach nourishment
using the deposited dredge material. Work may be halted during periods of rain or other inclement
weather.
3. The project as proposed has been designed to minimize the flood hazard to the habitable portions
of the structure in that the project does not propose any habitable structures as defined by the
city's municipal code.
4. The proposed project does not create a hazard for adjacent or upstream properties or structures in
that no watercourse will be altered or relocated as a result of the project. Project equipment Is not
located in a manner that will impede natural site drainage or stormwater flows due to it secured
placement on top of lagoon waters and use of an existing land-based pipeline system to transport
dredge material from the lagoon to the beach. Further, dredge materials placed on beaches will not
block existing drainage.
5. The proposed project does not create any additional hazard or cause adverse impacts to
downstream properties or structures in that the dredge hull (barge) will be secured to existing
anchors on the shore of the lagoon, and dredge material from the hull will be carried via a floating
pipe to a land-based pipeline system along the lagoon shoreline that connects to the beach
underneath Carlsbad Boulevard or the Carlsbad Boulevard bridge and then to the North, Middle
and South beaches where it will then discharge on the shoreline as a mix of sand and water (slurry).
Temporary dikes and berms will be constructed along back-beach areas to de-water the slurry and
aid in retention of the sand. Staging areas for equipment will be placed in disturbed or developed
areas adjacent to the lagoon and beaches.
6. The proposed project does not reduce the ability of the site to pass or handle a base flood of 100-year
frequency. The proposed project will reduce the volume of sand in the lagoon, thereby increasing
the lagoon’s capacity to withhold water. The project does not alter the inlet or outflow of the outer
lagoon (dredging will occur entirely east of the Carlsbad Boulevard bridge and does not affect the
lagoon outlet whatsoever), and thus, does not change the capacity of the lagoon to pass
floodwaters.
7. The cumulative effect of the proposed project when combined with all the other existing, proposed,
and anticipated development will not increase the water surface elevation of the base flood more
than one foot at any point in that the proposed project will reduce the volume of sand in the lagoon,
thereby increasing the lagoon’s capacity to withhold water. The project does not alter the inlet or
outflow of the Outer Lagoon, and thus, does not change the capacity of the lagoon to pass
floodwaters and would maintain existing surface water elevation characteristics.
8. The project is contingent upon compliance with other federal and state regulations as required. The
City of Carlsbad is issuing a Special Use Permit related to potential impacts of dredging activities on
the land outside of lagoon waters, including beaches, but within the floodplain. The ability to
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proceed with work will be contingent upon the issuance of all applicable permits from state and
federal agencies such as the Army Corps of Engineers and California Coastal Commission.
Conditions:
NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to project commencement.
1. Approval is granted for SUP2024-0006 – AGUA HEDIONDA LAGOON MAINTENANCE DREDGING as
shown on Exhibits “A” – “H”, dated Nov. 20, 2024, on file in the Planning Division and incorporated
herein by reference. Development shall occur substantially as shown unless otherwise noted in these
conditions.
2. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and
maintained over time, if any of such conditions fail to be so implemented and maintained according
to their terms, the city shall have the right to revoke or modify all approvals herein granted; deny or
further condition issuance of all future building permits; deny, revoke, or further condition all
certificates of occupancy issued under the authority of approvals herein granted; record a notice of
violation on the property title; institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. No vested rights are gained by Developer or a successor
in interest by the city’s approval of this Special Use Permit.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations
in effect at the time of project commencement and any successive dredge occurrences permitted by
this approval.
4. If any condition for construction of any public improvements or facilities, or the payment of any fees
in-lieu thereof, imposed by this approval or imposed by law on this project are challenged, this
approval shall be suspended as provided in Government Code Section 66020. If any such condition is
determined to be invalid, this approval shall be invalid unless the City Council determines that the
project without the condition complies with all requirements of law.
5. Staff is authorized and directed to make, or require Developer to make, all corrections and
modifications to the Special Use Permit document(s) necessary to make them internally consistent
and in conformity with final action on the project. Development shall occur substantially as shown in
the approved Exhibits. Any proposed development different from this approval shall require an
amendment to this approval.
6. This project shall comply with all conditions and mitigation measures which are required as part of
the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to any
dredging activities. Developer shall also pay any applicable Local Facilities Management Plan fee for
Zone 1, pursuant to Chapter 21.90. All such taxes/fees shall be paid prior to any dredging activities. If
the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall
become void.
7. This approval shall become null and void if all approvals, permits and clearances as required by
federal, state and local regulations are not issued for this project within 24 months from the date of
project approval by the city.
Nov. 20, 2024 Item #1 10 of 82
8. This Special Use Permit is granted for a period of five (5) years from Nov. 20, 2024, through Nov. 20,
2029. This permit may be revoked at any time after a public hearing, if it is found that the use has a
substantial detrimental effect on surrounding land uses and the public’s health and welfare, or the
conditions imposed herein have not been met. This permit may be extended for a reasonable period
of time not to exceed 5 years upon written application of the permittee made no less than 90 days
prior to the expiration date. The Planning Commission may not grant such extension, unless it finds
that there are no substantial negative effects on surrounding land uses or the public’s health and
welfare. If a substantial negative effect on surrounding land uses or the public’s health and welfare is
found, the extension shall be denied or granted with conditions which will eliminate or substantially
reduce such effects. There is no limit to the number of extensions the Planning Commission may grant.
9. Prior to project commencement, Developer shall submit to the city a Notice of Restriction executed
by the owner of the real property to be developed. Said notice is to be filed in the office of the County
Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors
in interest that the City of Carlsbad has issued Special Use Permit SUP 2024-0006 by the subject
resolution on the property. Said Notice of Restriction shall note the property description, location of
the file containing complete project details and all conditions of approval as well as any conditions or
restrictions specified for inclusion in the Notice of Restriction. The City Planner has the authority to
execute and record an amendment to the notice which modifies or terminates said notice upon a
showing of good cause by the Developer or successor in interest.
10. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless
the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and
against any and all liabilities, losses, damages, demands, claims and costs, including court costs and
attorney’s fees incurred by the city arising, directly or indirectly, from (a) city’s approval and issuance
of this Special Use Permit, (b) city’s approval or issuance of any permit or action, whether
discretionary or nondiscretionary, in connection with the use contemplated herein, and (c)
Developer/Operator’s installation and operation of the facility permitted hereby, including without
limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or
other energy waves or emissions. This obligation survives until all legal proceedings have been
concluded and continues even if the city’s approval is not validated.
11. Developer shall comply with the city's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices include but are
not limited to pollution control practices or devices, erosion control to prevent silt runoff during
construction, general housekeeping practices, pollution prevention and educational practices,
maintenance procedures, and other management practices or devices to prevent or reduce the
discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the
maximum extent practicable.
12. At least three months (3) prior to project commencement and any successive dredge occurrences
permitted by this approval, the Developer shall provide written notice to the City Planner of such
activity. The notice shall include the following:
i. The Developer shall provide a brief project description of the proposed dredging
activity. The description shall include a schedule identifying the beginning and ending
dates of the dredging operation, the hours and days of the week for the dredging
activity, the anticipated total dredge quantity, the location and quantity for the
Nov. 20, 2024 Item #1 11 of 82
deposition of sand, the anticipated beginning dates for the deposition on north, middle,
and south beaches, and contact information including phone numbers of personnel
responsible for the dredging activity.
ii.A sand deposition plan describing the methods and equipment needed to deposit and
move the sand on the beach reaches. The plan should include best management
practices for the maximum retention of sand material on the beach. This could include
such practices as creating a dike parallel to the shoreline to allow the material to fall
out of the slurry mix, the methods the construction equipment would be utilized to
move the material, and other methods to ensure the maximum amount of sand is
placed for beach building.
iii.The Developer shall provide a plan for interim pedestrian circulation control, to include
public information signage describing the project.
iv.The Developer shall provide a plan identifying project use of any public parking,
including the Tamarack Beach parking lot. The plan shall identify any spaces that will be
made temporarily unavailable by the project and identify the dates and times the
spaces will be unavailable. The project shall demonstrate that circulation, including for
vehicles and pedestrians, will otherwise be maintained.
13.Contractor shall place beach nourishment sand in such a manner that maintains access for the public
and public safety and complies with all federal, state, and local agency requirements. Unless
directed otherwise by an agency, contractor shall maintain a minimum 5’-0” path of travel between
both public and residential sea walls, to allow for both lifeguard and pedestrian access in between
the sea walls and the back sand berm. Back berm shall be no taller than 6’-0” on the eastern aspect
of the berm, and shall be groomed and flattened on the top to provide towel space on the north,
middle and south beaches, at the end of each dredge event. The constructed beach fill shall be
graded on the western side of the beach nourishment in such a manner that does not provide a
shelf, but rather a gradual slope into the surf zone. In the event that storm events begin to relocate
the front aspect of the graded sand slope during the equilibration process, the berm and slope shall
be regraded for public safety purposes. All sand shall be placed in such a manner so as not to block
or clog existing drainage unnecessarily.
14.Prior to project commencement, Developer shall provide the City Planner proof that Developer has
obtained all project permits required by federal, state, and local regulations.
15.The City Planner shall reserve the authority to review and approve the timing of the dredging
operation consistent with the time limits outlined in other agency permits. The City Planner’s
review and approval shall not be unreasonably withheld.
Code Reminder:
16.Approval of this request shall not excuse compliance with all applicable sections of the Zoning
Ordinance and all other applicable city ordinances in effect at time of maintenance dredging,
except as otherwise specifically provided herein.
NOTICE TO APPLICANT
Nov. 20, 2024 Item #1 12 of 82
An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village
Drive, Carlsbad, California, 92008, within ten {10) calendar days of the date of the Planning Commission's
decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in
writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal
prior to any judicial review.
NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions."
You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest
them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the
protest and any other required information with the City Manager for processing in accordance with
Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent
legal action to attack, review, set aside, void, or annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT
APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other
similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any
fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute
of limitations has previously otherwise expired.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of
the City of Carlsbad on the 20th day of Nov. 2024, by the following vote, to wit:
AYES: Kamenjarin, Hubinger, Danna, Lafferty, Meenes, Merz
NAYS: None.
ABSTAIN: None.
ABSENT: Stine.
MIKE STRONG, Assistant Director of
Community Development
ov. 20,2024 Item #1 13 of 82
SAND DEPOSITION
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AGUA HEDONDA OUTER LAGOON
MAINTENANCE DREDGING
SUP 2024-0006
Exhibit 2
Nov. 20, 2024 Item #1 14 of 82
PROJECT ANALYSIS Exhibit 3
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
PROJECT ANALYSIS
The project is subject to the following regulations:
A.General Plan Consistency
B.Carlsbad Municipal Code (Zoning Ordinance) - Open Space Zone (CMC Chapter 21.33), Special Use
Permit - Floodplain (CMC Chapter 21.110), Coastal Resource Protection Overlay Zone (CMC Chapter
21.203), Coastal Shoreline Development Overlay Zone (CMC Chapter 21.204) and Habitat
Preservation and Management Requirements (CMC Chapter 21.210)
C.Local Coastal Program (Agua Hedionda Lagoon and Mello II segments)
The recommendation for approval of this project was developed by analyzing the project’s consistency
with the applicable regulations and policies. The project’s compliance with each of the above regulations
is discussed in detail within the sections below.
A.General Plan Consistency
The project’s General Plan Land Use designation is Open Space.
The project also complies with the other Elements of the General Plan as outlined in Table “A” below:
TABLE A – GENERAL PLAN COMPLIANCE
ELEMENT USE, CLASSIFICATION, GOAL,
OBJECTIVE, OR PROGRAM
PROPOSED USES &
IMPROVEMENTS COMPLY
Open Space,
Conservation
& Recreation
Goal 4-G.3 – Protect
environmentally sensitive lands,
wildlife habitats, and rare,
threatened, or endangered plant
and animal communities.
The studies and regulations the
proposed project is subject to will
ensure that sensitive species will
not be disturbed by project
activities. If a maintenance dredge
is not performed, the lagoon will
not be able to retain its shape or
hold adequate amounts of water,
compromising existing habitat.
Dredging the outer lagoon and the
intake channel, in particular, will
allow for the continued flow of
fresh, nutrient-rich ocean waters
into the lagoon, thereby
maintaining/improving the overall
health of the lagoon.
As the project promotes the
biological function of the lagoon
and as proposed would not
significantly impact sensitive habitat
or species, including the California
Yes
Nov. 20, 2024 Item #1 15 of 82
PROJECT ANALYSIS
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
ELEMENT USE, CLASSIFICATION, GOAL,
OBJECTIVE, OR PROGRAM
PROPOSED USES &
IMPROVEMENTS COMPLY
least tern and the western snowy
plover, it is consistent with the city’s
Habitat Management Plan (HMP).
Open Space,
Conservation
& Recreation
Goal 4-G.5 - Maintain a diversified,
comprehensive system of open
space for outdoor recreation,
including, but not limited to: parks;
beaches; areas for organized sports;
connecting corridors containing
trails; water recreation areas
(beaches, lagoons, lakes); unique
conservation areas for nature study;
and, semi-developed areas for
camping.
The placement of dredged sand on
the beach will enhance public
recreation opportunities by
maintaining or increasing the size
(i.e., square footage area)
of useable public beach.
Yes
Open Space,
Conservation
& Recreation
Goal 4-G.9 - Improve and maintain
high quality beaches for residents
and visitors.
The placement of dredged sand on
the beach will enhance public
recreation opportunities by
maintaining or increasing the size
(i.e., square footage area)
of useable public beach.
Yes
Public Safety Goal 6-G.1 - Minimize injury, loss of
life, and damage to property
resulting from fire, flood, sea-level
rise, hazardous material release, or
seismic disasters.
The placement of dredged sand on
the beach will enhance and protect
important city open space resources
by assisting the buildup of a
deteriorating beach profile and by
creating a wider beach which will
assist in the protection of coastal
bluffs from erosion caused by ocean
wave action, thereby protecting
private and public property in the
vicinity of the beach.
Yes
Public Safety Policy 6-P.2 - Continue to
implement and pursue flood control
programs that reduce flood hazards,
such as the city’s Grading Ordinance
and the Floodplain Management
Regulations.
The placement of dredged sand on
the beach will enhance and protect
important city open space resources
by assisting the buildup of a
deteriorating beach profile and by
creating a wider beach which will
assist in the protection of coastal
bluffs from erosion caused by ocean
wave action, thereby protecting
private and public property in the
vicinity of the
beach.
Yes
Nov. 20, 2024 Item #1 16 of 82
PROJECT ANALYSIS
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
B.Carlsbad Municipal Code (Zoning Ordinance)
1.Open Space Zone (CMC Chapter 21.33)
The project is entirely in the Open Space (OS) zone. The intent and purpose of the zone is as follows:
1.Provide for open space and recreational uses which have been deemed necessary for the
aesthetically attractive and orderly growth of the community;
2.Protect and encourage said uses wherever feasible;
3.Be used in conjunction with publicly owned property utilized as parks, open space, recreation
areas, civic centers and other public facilities of a similar nature;
4.Designate high priority resource areas at time of development that, when combined would create
a logical and comprehensive open space system for the community;
5.Implement the goals and objectives of the general plan;
6.Protect areas set-aside and preserved as natural habitat and the biological resources located in
the areas in conformance with the city's habitat management plan.
The project is consistent with the Open Space Zone’s intent and purpose in that the dredging and
subsequent sand deposition on the North, Middle, and South beaches will enhance recreational
opportunities and coastal access by providing necessary maintenance to preserve the structure of the
lagoon and supply donor sand for beach nourishment. Routine maintenance dredging is necessary to
redistribute sand that has been eroded from the beach due to the presence of a littoral cell that was
formed when the lagoon was created. Without maintenance dredges, the lagoon will become inaccessible
for recreational uses, including fishing. Further, the project supports the zone’s permitted uses, such as
aquaculture, biological habitat preserve, beaches and shoreline recreation, and public parks.
The project will not disrupt sensitive ecological uses of the lagoon due to the project’s minimal footprint.
The dredge footprint, in accordance with state and federal requirements, was studied to avoid impacts to
the California eelgrass growing within the lagoon. Other studies, such as those which are required under
the Southern California Caulerpa Control Protocol, have and will provide preventative measures which
will ensure that sensitive species are not impacted by either the dredging or sand deposition activity.
2.Special Use Permit – Floodplain (CMC Chapter 21.110)
The project is within the “AE” (lagoon) and “VE” (beaches) flood zones. These areas have a 1% chance of
being affected by flooding in a given year, also known as the base flood or 100-year flood. In addition,
Zone VE recognizes additional hazards that may result due to storm-induced waves. Before construction
can begin, a Special Use Permit is necessary to ensure public health, safety, and welfare are protected and
minimize flood-related losses. The project’s compliance with the Floodplain Special Use Permit Standards
is discussed below:
a.The project is consistent with the General Plan, Local Coastal Program, the requirements of
this chapter, and any other applicable requirements of this code. (Note: Compliance with this
finding is discussed elsewhere in this exhibit under the “General Plan,” “Local Coastal
Program,” and “Zoning Ordinance” headings.)
Nov. 20, 2024 Item #1 17 of 82
PROJECT ANALYSIS
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
b.The site is reasonably safe from flooding in that the proposed dredging will take place within
the lagoon. The sand deposition sites along the North, Middle, and South beaches will create
an additional buffer and reduce risk from coastal flooding as a result of the planned beach
nourishment using the deposited dredge material. Work may be halted during periods of rain
or other inclement weather.
c.The project as proposed has been designed to minimize the flood hazard to the habitable
portions of the structure in that the project does not propose any habitable structures as
defined by the city's municipal code.
d.The proposed project does not create a hazard for adjacent or upstream properties or
structures in that no watercourse will be altered or relocated as a result of the project. Project
equipment Is not located in a manner that will impede natural site drainage or stormwater
flows due to it secured placement on top of lagoon waters and use of an existing land-based
pipeline system to transport dredge material from the lagoon to the beach. Further, dredge
materials placed on beaches will not block existing drainage.
e.The proposed project does not create any additional hazard or cause adverse impacts to
downstream properties or structures in that the dredge hull (barge) will be secured to existing
anchors on the shore of the lagoon, and dredge material from the hull will be carried via a
floating pipe to a land-based pipeline system along the lagoon shoreline that connects to the
beach underneath Carlsbad Boulevard or the Carlsbad Boulevard bridge and then to the
North, Middle and South beaches where it will then discharge on the shoreline as a mix of
sand and water (slurry). Temporary dikes and berms will be constructed along back-beach
areas to de-water the slurry and aid in retention of the sand. Staging areas for equipment will
be placed in disturbed or developed areas adjacent to the lagoon and beaches.
f.The proposed project does not reduce the ability of the site to pass or handle a base flood of
100-year frequency. The proposed project will reduce the volume of sand in the lagoon,
thereby increasing the lagoon’s capacity to withhold water. The project does not alter the
inlet or outflow of the outer lagoon (dredging will occur entirely east of the Carlsbad
Boulevard bridge and does not affect the lagoon outlet whatsoever), and thus, does not
change the capacity of the lagoon to pass floodwaters.
g.The cumulative effect of the proposed project when combined with all the other existing,
proposed, and anticipated development will not increase the water surface elevation of the
base flood more than one foot at any point in that the proposed project will reduce the
volume of sand in the lagoon, thereby increasing the lagoon’s capacity to withhold water. The
project does not alter the inlet or outflow of the Outer Lagoon, and thus, does not change the
capacity of the lagoon to pass floodwaters and would maintain existing surface water
elevation characteristics.
h.The project is contingent upon compliance with other federal and state regulations as
required. The City of Carlsbad is issuing a Special Use Permit related to potential impacts of
dredging activities on the land outside of lagoon waters, including beaches, but within the
floodplain. The ability to proceed with work will be contingent upon the issuance of all
Nov. 20, 2024 Item #1 18 of 82
PROJECT ANALYSIS
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
applicable permits from state and federal agencies such as the Army Corps of Engineers and
California Coastal Commission.
3. Coastal Resource Protection Overlay Zone
The development is subject to the Coastal Resource Protection Overlay Zone (CMC Chapter 21.203). The
Coastal Resource Protection Overlay Zone identifies areas of protection: a) preservation of steep slopes
and vegetation; b) drainage, erosion, sedimentation, habitat; c) seismic hazards, landslides, and slope
instability; and d) floodplain development. The project’s compliance with each of these areas of concern
is discussed below:
Preservation of steep slopes and vegetation (a) and seismic hazards, landslides, and slope instability (c)
are not applicable to the project given the geography of the project area which consists of flat beaches
and the outer lagoon basin.
Regarding Drainage, Erosion, Sedimentation, Habitat (b), the project will adhere to the city’s Master
Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP Design Manual and Jurisdictional Runoff
Management Program (JRMP) to avoid increased urban run-off, pollutants, and soil erosion. Further, the
temporary dikes and berms created as part of the sand deposition process on the beach help ensure
shoreline ocean turbidity does not exceed the limit as set in the San Diego Regional Water Quality Control
Board 401 Water Quality Certifications.
The conditional requirements imposed by the city and the other approving state and federal agencies
requiring pre- and post-dredge studies regarding the presence of Caulerpa and grunion within the project
site will, in addition to the surveys conducted prior to the project application, provide information on
protected species.
Finally, while the project is within flood zones, no structures of development are proposed.
4. Coastal Shoreline Development Overlay Zone
The project is subject to the Coastal Shoreline Development Overlay Zone (CMC Chapter 21.204) as
required by the Mello II Segment of the of the LCP. The Coastal Shoreline Development Overlay Zone
provides land use regulations along the coastline area including the beaches, bluffs, and the land area
immediately landward thereof. The purpose of the coastal shoreline development zone is to provide for
control over development and land use along the coastline so that the public's interest in maintaining the
shoreline as a unique recreational and scenic resource, promoting public safety and access, and in
avoiding the adverse geologic and economic effect of bluff erosion, is adequately protected.
The project is consistent with the permitted uses outlined in Section 21.204.030 of the CMC as there will
be no structures or uses changed by the project. The project is further compliant with the provisions of
the Coastal Shoreline Development Overlay Zone as it adheres to Section 21.204.040(b) of the CMC which
identifies the requirement for projects generating dredge spoils to deposit the dredged sand back onto
beaches if the sand is determined to be compatible with the existing conditions of the deposition site. The
project identifies three beach deposition sites where the lagoon dredge material will be placed if the sand
profile tests determine that the dredged material is compatible with the deposition sites.
Nov. 20, 2024 Item #1 19 of 82
PROJECT ANALYSIS
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
5.Habitat Preservation and Management Requirements
CMC Chapter 21.210 requires a Habitat Management Plan (HMP) Permit for projects impacting habitat
and sensitive species. The project as proposed presents no significant impacts to nesting or foraging areas
of the California least tern, western snowy plover, or any other sensitive species. Therefore, no HMP
permit is required.
C.Local Coastal Program (Agua Hedionda & Mello II Segments)
The project conforms to public access and recreation policies of Chapter 3 of the Coastal Act in that the
placement of dredged sand on the beach will enhance public recreation opportunities by maintaining or
increasing the size (square footage area) of useable beach. Further, during dredging operations, a
pedestrian circulation control and signage plan will be implemented to ensure project awareness and safe
beach access through means such as signs, fencing, construction methods, and a project information
number/hotline.
1.Agua Hedionda Lagoon Segment of the Certified Local Coastal Program and all applicable
policies
The proposed site is primarily within the Agua Hedionda Segment of the Local Coastal Program (LCP) and
is within an area of deferred certification as established by the California Coastal Commission. The
California Coastal Commission will be the agency issuing the Coastal Development Permit.
While the city does not have Coastal Development Permit authority, under the floodplain regulations of
CMC Chapter 21.110, the city must still make a finding of compliance with the Local Coastal Program. The
analysis following for the Agua Hedionda segment (the standards and policies of which are contained in
the Agua Hedionda Land Use Plan) and for the Mello II segment in the next section provide the consistency
analysis for each segment.
Under Section 30233(a) of the Public Resources Code, dredging is permitted in accordance with all
applicable provisions provided that there is no feasible less environmentally damaging alternative is
available and where feasible mitigation measures have been provided to limit adverse effects. Staff
determined, through the analysis conducted when preparing the project’s CEQA Determination of
Exemption, that the project does not have the potential to cause significant negative impacts on the
environment (Exhibit 5).
Under Section 30233(b), sand spoil deposition is permitted under the condition that the disposal shall be
carried out in a way that will avoid significant disruption to marine and wildlife habitats and water
circulation. The LCP also directs that dredge sand spoils be directed to appropriate beaches or longshore
current systems. The applicant provided studies that evaluated the carrying capacities of the of north,
middle, and south beach sand deposition sites as well as plans outlining how the sand will be tested prior
to deposition. Based on the information provided, staff determined that the project does not have the
potential to cause significant impacts by placing the sand on the studied deposition sites.
Under Section 30233(c), dredging is permitted under the condition that the dredging shall maintain or
enhance the functional capacity of the wetland or estuary and be limited to restorative measures amongst
other minor, incidental purposes. The purpose of the of the project is to complete routine
maintenance
Nov. 20, 2024 Item #1 20 of 82
PROJECT ANALYSIS
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
to the lagoon that is necessary to retain use of the lagoon for the Desalination Plant and ensure that the
lagoon is able to carry an adequate amount of water unimpeded by large quantities of eroded sand. The
project is compliant with this segment of the LCP due to the dredging being a restorative measure
intended to regulate the amount of eroded material present in the lagoon.
With regards to policies specific to the Agua Hedionda Lagoon Land Use Plan, the project implements
Policy 3.3 in that it is conditioned to comply with the requirements of all federal and state agencies.
The project supports Policy 6.5 in that dredging will allow for the continued flow of fresh, nutrient-rich
ocean waters into the lagoon, thereby maintaining/improving the overall health of the lagoon and
enhancing the outer lagoon for fishing.
The proposed dredging and deposition activities are consistent with Section 30233 which discuss the
allowance of dredging activities and the conditions which must be met to permit dredging.
2. Mello II Segment of the Certified Local Coastal Program and all applicable policies
The portion of the project along the beach and north of Tamarack Avenue is in the Mello II Segment of
the LCP and is within an area in which the Coastal Commission maintains permit jurisdiction, which means
the California Coastal Commission, not the city, will be the agency issuing the Coastal Development
Permit. Open Space for recreational uses is an approved use under the provisions of the Mello II Segment
and the project’s intended purpose of maintaining existing habitat and providing beach nourishment are
thereby compatible with the approved uses within the Mello II Segment. In addition, the project’s
deposition of sand onto the beach to help combat beach sand erosion complies with Section III of Mello
II Policy 4-1, which states in part, “projects which create dredge spoils shall be required to deposit such
spoils on the beaches if the material is suitable for sand replenishment.”
Nov. 20, 2024 Item #1 21 of 82
Ccityof Carlsbad AUTHORIZATION, CONSENT, AND
DISCLOSURE STATEMENT
P-1(A)
Development Services
Planning Division 1635 Faraday Avenue 442-339-2600www.carlsbadca.gov
§) APPLICATION AND ACKNOWLEDGEMENT INFORMATION
This submittal form (Part A through Part F) must be completed as part of your application with the City
of Carlsbad. Your project cannot be reviewed until this information is completed.
PART A. Owner Authorization and Consent
NOTE: This Consent and Disclosure Form must list the name of the principal owners (10% or greater) and
attach a copy of the current corporate articles, partnership agreement, or trust document, as applicable.
Provide name(s) of the person(s) authorized to sign on behalf of the organization. (A separate page may
be attached if necessary.) IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE
NOT-APPLICABLE (N/A) IN THE SPACE BELOW.
This is to certify under penalty of perjury that the undersigned is/are the record owner(s) of the
property known as:
Assessor's Map Book, Page and Parcel (APN/ APNs): 210-010-45-00; 760-252-03-00; 210-010-13-00;
760-252-03-00; 204-310-01-00; 760-166-58-00; 760-252-08-00; 210-010-49-00; 210-010-35-00 and
206-070-16-00
_________________________________ ; and
Street Address (if applicable): 4600 Carlsbad Boulevard Carlsbad, CA 92008
that I/we (full legal name of all record owners) consent to the filing of the Land Use Review Application
on our property for processing by the City of Carlsbad Planning Division. I/We declare under penalty of
perjury that I/we have reviewed this Affidavit and the information is true and correct.
1.Name: ___________ Signature: ____________ _
Signature: _________________________ _
Phone Number: ___________ Email: __________ _
Contact Address: ______________________ _
2.Name: ___________ Signature: ____________ _
Phone Number: ___________ Email: __________ _
Contact Address: ______________________ _
NOTE: For additional names, please use a separate sheet of paper.
Page 1 of6 P-1 (A) Form Rev 4/2024
j
Exhibit 4
Nov. 20, 2024 Item #1 22 of 82
/
1 /
Nov. 20, 2024 Item #1 23 of 82
IMPORTANT: A Grant Deed is required if the ownership does not match city records. Ownership on the
deed must correspond exactly with the ownership listed. If the owner noted on the Grant Deed does not
match the person signing as Property Owner, provide paperwork documenting the person signing is
authorized to sign as a Property Owner.
Whenever any excavation, fill, or other project-related improvement requires entry onto adjacent
property for any reason, the Land Use Review Application shall include the written consent or legal
easements or other property rights of the adjacent property owner or their authorized representative,
and shall include such consent with the application package. The application will not be deemed
complete unless and until all necessary consent documents are so filed. The consent shall be in a form
acceptable to the City Planner. If the proposed improvements on the adjacent property change the
nature of the property's development rights (or implied bundle of rights), the city might require
recordation of a Covenant and Agreement for Offsite Improvements and Release of Liability as a
condition of project approval.
Does the project's limits of disturbance encroach on property not owned by the Property Owner?
0 Yes □ No If yes, attach adjacent owner authorization.
PART B. Owner Declarations (to be signed by Property Owner)
I/We hereby certify that I/we have read the information below and that:
1. I/We understand that it is the responsibility of the Applicant to substantiate the request through
the requirements of the application.
2. I/We understand that if there is a zoning violation on the property, application review may be
delayed. Any unpermitted structures or uses must either be removed or legalized at part of this
application.
3. I/We understand that if this application is approved, I/we may be required to record a covenant
with the County Recorder's Office, the form and content that is satisfactory to the City and its
City Attorney, to notify future owners of the project approval and restrictions.
4. If this Land Use Review Application is approved or conditionally approved, I/we hereby certify
that I/we will comply with all conditions attached to the approval action. I/We understand that
the failure to comply with any conditions shall constitute grounds for the revocation or
modification of the approval, permit, or other authorizations provided.
5. Prior to any use of the project site pursuant to the permit issued, all conditions of approval (if
any) will be completed or secured in the manner as stated or required.
Property Owner Signature(s): ________________________ _
Name(s}: ______________________ Date: _______ _
Page 2 of 6
P-1(A) Form Rev 4/2024
Nov. 20, 2024 Item #1 24 of 82
PARTC. Project Team Information (complete all applicable fields)
Applicant: D Same as Owner • Different from Owner
Name (if different from Owner): Paul Rajmaira
Company or Firm: Channelside Water Resources, LP
LP Phone Number: _83_2_-_4_88_-_8_2_98 ______ Email: prajmaira@channelsidedesal.com
Contact Address: 4590 Carlsbad Boulevard __ City: Carlsbad __ State: CA_ Zip Code: 92008
Agent or Representative: D Same as Applicant • Different from Applicant 0 N/A
Name (if different from Applicant): Blair Jenet ___________________ _
Company or Firm: _A_n_ch-'o'--'-r-'Q=E=A----________________________ _
Phone Number: -'-70..::..3::--....:.4..::..08=--..c:.3....:.4=-13=-_______ Email: Bjenet@anchorgea.com
Contact Address: 9700 Research Drive City: lrvine ____ State: CA_Zip Code: 92618 __
Other (specify Architect, Engineer, CEQA Consultant, etc.): _______________ _
Name: ________________________________ _
Company or Firm: _____________________________ _
Phone Number: ___________ Email: ________________ _
Contact Address: ___________ City: ______ State: __ Zip Code: ___ _
NOTE: A Letter of Authorization (LOA) from the Property Owner empowering a person or persons to act
on the behalf of the Property, is required if anyone other than the Property Owner signs the Land Use
Review Application as the Applicant or Agent. The authorized person (Applicant or Agent) on the LOA
must correspond with the name and signature, above.
PART D. Single "Point of Contact" Designation
A single "point of contact" is an individual that handles all communications with the city and its review
team for the purposes of sending and receiving application materials, information, reports, etc. The
point of contact is to be the single individual elected on the Land Use Review Application form for all
communications and to remain as the primary contact for all status updates relating to the Land Use
Review Application.
Single Point of Contact: D Applicant D Property Owner • Agent D Other ________ _
Page 3 of 6
P-1 (A) Form Rev 4/2024
Nov. 20, 2024 Item #1 25 of 82
PART E. Contribution Disclosure
Has the Property Owner, Applicant, or Agent had more than $900 worth of business transacted with any
member of city staff, Boards, Commissions, Committees and/or Council within the past 12 months?
D Yes eNo If yes, indicate person(s): ___________________ _
NOTE: Attach additional sheets if necessary.
PART F. Applicant Declarations (to be signed by Applicant)
I hereby certify that I have read the information below and that:
1. I have carefully reviewed and prepared the application and plans in accordance with the
instructions.
2. I understand that the specific information needed to initiate planning case processing
corresponds to those items listed in the application form's "Minimum Submittal Intake
Requirements Checklist." I also understand that even if the application is duly filed and
accepted for intake processing, each application submitted to the Planning Division is
required to have specified information included in the application packet before it is
determined to be complete. The specific information to determine completeness is in
"Completeness Determination Requirements Checklist."
3. The Planning Division has developed policies to help ensure that discretionary permit
applications are timely processed. The Permit Streamlining Act shot clock starts on the intake
date the Planning staff accepts a duly filed application.
4. I understand that once an application is determined to be complete, project or design changes
that will increase the number of units, add uses that were not previously listed, substantially
change the site plan, or other changes that trigger the need for additiona l discretionary
approvals will require a new application, or the filing of other application permit types, which
would restart the review "clock" and extend processing timelines.
5. I understand that upon city review, additional information, documents, reports, entitlements
and fees might be required, including any referral fees. I understand that all fees and deposits
submitted with this application will be refunded only as provided for by the ordinances,
regulations, or policies in effect at the time of the application submittal.
6. I certify that the description of the development and all the plans and supporting
documentation are accurate in all material respects as of the date when made. I understand
that it is my responsibility to ensure that statements and representations are not misleading.
Furthermore, I agree to promptly remove, correct, or add information as needed to correct any
misleading or materially inaccurate information. I understand that any misstatement or
omission of the requested information or of any information subsequently requested might be
Page 4 of 6
P-1 (A) Form Rev 4/2024
Nov. 20, 2024 Item #1 26 of 82
grounds for rejecting the application, deeming the application incomplete, denying the
application, suspending or revoking a permit issued on the basis of these or subsequent
representations, or for the seeking of such other and further relief as deemed appropriate by
the City of Carlsbad.
7. If discrepancies exist between the architectural plans and the structural plans, the architectural
plans shall take precedence. Ultimately, the scope of work, as described on the permit that
authorizes construction, takes precedence over the plans. If there is a discrepancy between the
plans and the description on the permit, the permit governs.
8. I understand that all materials submitted in connection with this application might become
public record subject to inspection and copying by the public. I acknowledge and understand
that the public might inspect and copy these materials and that some or all of the materials
might be posted on the city website or elsewhere on line, outside of the city's control.
9. I understand there are no assurances at any time, implicitly or otherwise, whether provided to
me in writing or by oral communications regarding final staff recommendations to the decision-
making body about this application or the determination of any decision-making body.
10. I understand that the overall design process consists of several steps, each with increasingly
more detail. The planning phase is one of the first steps in the design process. A Land Use
Review Application (or "planning application") consists only of a schematic design package. If
the project is approved or conditionally approved, the schematic design phase is immediately
followed by a design development phase (with construction drawings). Construction drawings,
such grading and drainage plans, are much more comprehensive and provide additional detail,
specificity, and instructions on how to build and implement the project.
Review comments, statements, or approvals from the City of Carlsbad concerning a Land Use
Review Application are based on the representations of the intent of design and construction.
City comments and statements are believed to be accurate; however, such accuracy is not
guaranteed when implementing the intended design solution. I understand that the approval or
conditional approval of a Land Use Review Application does not replace the more thorough
review of the construction drawings by the city or another agency during the design
development phase; or services or recommendations provided by design professionals, such as
architects, engineers, code professionals, etc. Furthermore, the approval or conditional approval
of a Land Use Review Application does not relieve the Applicant of the obligation from
complying with all applicable regulations, standards, policies, and guidelines applicable to the
design development phase. Therefore, the ultimate design solutions required in construction
drawings may differ from the project's initial schematic design.
The approved plan set of project drawings, civil plans/grading, sections, site plans, floor plans,
architectural elevations, and landscape plans shall not be altered without express authorization
by the City Planner. Once a permit has been issued, the Applicant may request permit
modifications. "Minor" modifications might be granted if found by the City Planner to be in
substantial conformity with the approved plan set, including all exhibits and permit conditions.
Page 5 of 6
P-1(A) Form Rev 4/2024
Nov. 20, 2024 Item #1 27 of 82
Modifications beyond the scope described in the approved plan set might require subm ittal of
an amendment to the permit and approval by the authorized review body.
11. Should any proponent of the project fail to file a timely and valid appeal of the permit within the
applicable appeal period, such inaction shall be deemed to constitute acceptance of the permit
by the Applicant; and agreement by the Applicant to be bound by, to comply with, and to do all
things required of or by the Applicant pursuant to all of the terms, provisions, and conditions of
the issued permit or other approval.
12. As part of this application, the Applicant hereby agrees to defend, indemnify, and hold harmless
the City of Carlsbad, its Council, boards and commissions, officers, employees, volunteers, and
agents from any claim, action, or proceeding against the City of Carlsbad, its Council, boards and
commissions, officers, employees, volunteers and agents, to attack, set aside, void or annul an
approval of the application or related decision, including environmental documents, or to
challenge a denial of the application or related decisions. This indemnification shall include, but
not be limited to, damages awarded against the city, if any, costs of suit, attorneys' fees, and
other expenses incurred in connection with such claim, action, causes of action, suit or
proceeding whether incurred by Applicant, city, and/or the parties initiating or bringing such
proceeding. The Applicant shall indemnify the city for all of the city's costs, attorneys' fees, and
damages that the city incurs in enforcing the indemnification provisions set forth herein. The
Applicant shall pay to the city upon demand any amount owed to the city pursuant to the
indemnification requirements prescribed.
By signing below, I acknowledge that I have completely read, understand, and agree to the declarations
above and accept all terms set f~rt'"~· L. _.,,
Applicant Signature: p ez4:/
Name: Paul Rajmaira ~---------------Date: II /I 2.;/2-fk
This form must be stapled/attached to the application and shall be effective until replaced or
revoked in writing.
Page 6 of 6
P-1 (A) Form Rev 4/2024
Nov. 20, 2024 Item #1 28 of 82
C cityof
Carlsbad
PROJECT DESCRIPTION
P-1(8)
§] APPLICATION INFORMATION
Development Services
Planning Division
1635 Faraday Avenue
442-339-2600
www.carlsbadca.gov
This submittal form {Part A and Part BJ is to be completed as part of your application with the City of Carlsbad.
Your project cannot be reviewed until this information is completed. Submittal of a detailed project description is
important to ensure the timely review of your Land Use Review Application and to reduce repetitive review cycles.
The following instructions detail the types of information to include in your written project description. These
instructions are not exhaustive. More complex entitlement requests typically require more comprehensive
information while less complex requests might require less information. The intent of this form is to provide
guidance on what type of information to include in the written project description. Prior to submitting an
entitlement application, review the entitlement-specific filing instructions for each application type, as well as
instructions for preparing a complete site plan or tentative map, etc.
A complete project description should include the following elements:
✓ Project name: Fill in the field with the name of the project, such as "Red Oak Homes" or "Benson
Commercial." If no name is proposed, write the last name of the Applicant or Property Owner, plus a brief
description such as "Jones Condo Conversion" or "Smith Residential Subdivision."
✓ Applications applied for: List the various application types for which you are applying. Consult with the
Planning Division to determine required application types needed to process your specific project.
✓ Assessor parcel no(s).: Include all assessor parcel numbers included that are within the project boundary.
Planning staff can assist you in determining the appropriate assessor parcel number(s).
✓ Describe the complete project scope: Provide a narrative description of the proposed project including, but
not limited to: project area by square footage or acreage, proposed land use(s), number of developable lots
or units proposed, number of common area or open space lots, open space acreage, site access and proposed
roadway and circulation improvements, parking location, design and number of spaces, existing utilities by
type and location, proposed utilities by type and location, project grading with estimated quantities for cuts
and fills, proposed drainage and storm water treatment improvements, project phasing, proposed square
footage of amenities buildings such as recreation centers and clubhouses, proposed square footage of
commercial or industrial buildings, noise barriers, proposed parks and trails, landscaping improvements and
other relevant information. Project descriptions for commercial land uses should also include days and hours
of operation, number patrons or customers, number of employees, typical daily traffic, proposed outdoor
uses or use areas, food or alcohol sales, descriptions of promotional events including uses with outdoor
amplified speech or music.
Page 1 of4
P-1 (B) Form Rev 4/2024
Nov. 20, 2024 Item #1 29 of 82
PART A. Project Summary Information
NAME OF PROJECT: Agua Hedionda Lagoon Maintenance Dredging
APPLICATION PERMIT TYPES REQUESTED: .::.JSp;;_:e;;..:c.;.:;ia.:.-I U;;_:s;;..:e;...;.P...::e"'""rm.=.:it __ • ~F=lo~o~d~p=la=in~-------------
ACCESSOR PARCEL NUMBERS: 210-010-45-00 (dredging and staging); 760-252-03-00 (beach placement); 210-010-13-00
(beach placement); 204-310-01-00 (beach placement); 760-166-58-00 (beach placement); 760-252-08-00 (beach
placement); 210-010-49-00 (staging); 210-010-35-00 (beach placement); and 206-070-16-00 (dredging)
PROPERTY ADRESS: 4600 Carlsbad Boulevard Carlsbad, California 92008 •
____________ Date: _t_l_._6_/_Z-_._(_~_~--+--
Fully describe the proposed project by application type. Include any details necessary to adequately explain the
scope and/or operation of the proposed project. You may also include any background information and
supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet
if necessary.
Channelside Water Resources LP (Channelside) is proposing to conduct maintenance dredging within the Outer Basin of Agua
Hedionda Lagoon (Lagoon) in Carlsbad, California. The Lagoon is a 235-acre estuary comprising the Inner Basin, Middle Basin, and
Outer Basin. Maintenance dredging within the Lagoon has been conducted routinely since 1954, when the now-decommissioned
Encina Power Station opened. Historical sediment removal ensured adequate flow of cooling water to the Encina Power Station,
located on the southern edge of the Outer Basin, until its closure in 2018. The Carlsbad Desalination Plant is located at the same site
as the Encina Power Station and currently uses the power plant's intake and outfall facilities for the desalination process. Dredging is
required to remove the flood-tide shoal and maintain the intake water flow for the Carlsbad Desalination Plant. Dredging has been
conducted every 2 to 3 years, with the most recent events occurring in 2018 and 2021. Since 1999, dredged material from the Lagoon
has been placed on nearby Carlsbad State Beaches. Similar to past operations, dredged material will be characterized to determine
suitability for beach nourishment at the adjacent North, Middle, and South Carlsbad State Beaches. The amount of sand placed on
each of the receiver beaches will be determined based on existing and historical beach widths and profiles, the consideration of
recreational use of each beach, and the avoidance of impacts to sensitive hard bottom habitat. Maintenance dredging using a
hydraulic dredge is planned in the Outer Basin to a design depth of -22 feet mean lower low water (MLLW), plus 2 feet of overdredge
allowance. The total volume of material proposed for dredging is estimated to be 451,400 cubic yards (cy), consisting of 392,400 cy
above design depth and 59,000 cy of allowable overdredge. The staging area would be located at the Tamarack parking lot and the
project would use the following equipment: dredger, barge, tugboat, discharge pipe, float line, work skiffs, front end loader, forklift,
and dozer. The project is anticipated to include the following phases: (1) North Beach Mobilization, (2) Middle Beach Replenishment,
(3) South Beach Replenishment, and (4) North Beach Replenishment and (5) Demoblization. The overall construction schedule
anticipates approximately 110 days of construction, starting in Fall 2024.
Page 2 of 5
P-1(8) Fonn Rev 4/2024
Nov. 20, 2024 Item #1 30 of 82
Page 3 of 5
P-l(B) Fonn Rev 4/2024
Nov. 20, 2024 Item #1 31 of 82
PART B. Supplemental Information
Denote whether the following items are applicable to the project or if any portion of the property located within any of the
following? Use an addendum sheet to further describe all items marked "yes" in this list (attach additional sheets as
necessary).
1. A very high fire hazard severity zone, as determined by the Department of Forestry
and Fire Protection pursuant to Government Code§ 51178 for State Responsibility
Areas; or any official local maps published pursuant to Government Code§ 51178
for Local Responsibility Areas.
2. Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part
660 FW 2 (June 21, 1993).
3. A hazardous waste site that is listed pursuant to Government Code § 65962.5 or a
hazardous waste site designated by the Department of Toxic Substances Control
pursuant to Health and Safety Code § 25356 of the Health and Safety Code.
NOTE: Certification of compliance required on Form P-l(C).
4. A special flood hazard area subject to inundation by the 1 percent annual chance
flood (100-year flood) as determined by the Federal Emergency Management
Agency in any official maps published by the Federal Emergency Management
Agency.
5. A delineated earthquake fault zone as determined by the State Geologist in any
official maps published by the State Geologist.
6. Any historic or cultural resources known to exist on the property.
7. The project requires any approvals under the Subdivision Map Act, such as a parcel
map, a tentative map, or a condominium map.
NOTE: If "yes," you may need to complete Form P-l(E) and Form P-l(F).
8. Any existing residential use on the site (units or structures)?
NOTE: If "yes," you must complete Form P-38.
9. The project require a Density Bonus Approval.
NOTE: If "yes," you must complete Forms P-l(H).
Yes
□
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□
■
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□
□
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No
■
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■
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Page 4 of 5
P-1(8) Form Rev 4/2024
10.The project site located within the Coastal Zone.
NOTE: If "yes," you may need to complete Form P-6 and/or Form P-7.
a.If "yes," does any portion of the property contain wetlands, as defined in Title
14 of the California Code of Regulations§ 13577.
b.If "yes," does any portion of the property contain environmentally sensitive
habitat areas, as defined in Public Resources Code § 30240.
NOTE: If "yes," you may need to complete Form P-17 or Form P-18.
c.If "yes," does any portion of the property contain a tsunami run-up zone or
mapped inundation area.
d.If "yes," does any portion of the property contain any public access to or along
the coast.
11.The project impacts a stream or other resource that may be subject to a
stream bed alteration agreement pursuant to Chapter 6 (commencing with Fish
and Game Code § 1600.
12.Any portion of the property is subject to any recorded public easement, such
as easements for storm drains, water lines, and other public rights of way.
■□
□ ■
■ □
■□
■□
□ ■
□■
I/We declare under penalty of perjury that I/we have reviewed this Affidavit and the information furnished is true
and correct.
Name: Paul Rajmaira
Signature�,�
This form must be stapled/attached to the application and shall be effective until replaced or revoked in writing.
NOTE: The Applicant, Property Owner, or Agent should use this form when submitting project revisions to update
the information provided in response to issues raised by during the course of the city's review.
Page 5 of 5 P-1(8) Fonn Rev 4/2024
Nov. 20, 2024 Item #1 32 of 82
Nov. 20, 2024 Item #1 33 of 82
RECORDED AT THE REQUEST OF
AND WHEN RECORDED MAIL TO:
STATE OF CALIFORNIA
California State Lands Commission
Attn: Land Management Division
100 Howe Avenue, Suite JOO-South
Sacramento, CA 95825-8202
STATE Of CALIFORNIA
OFFICIAL BUSINESS
Document entitled to free recordation
pursuant to Government Code Section
27383
(
County: San Diego SPACE ABOVE THIS LINE FOR RECORDER'S USE
LEASE 932
This Lease consists of this summary and the following attached and incorporated parts:
Section 1 Basic Provisions
Section 2 Special Provisions Amending or Supplementing Section 1 or 3
Section 3
Exhibit A
Exhibit B
ExhibitC
General Provisions
Land Description
Site and Location Map
Example Sampling and Analysis Plan
SECTION 1: BASIC PROVISIONS
THE STATE OF CALIFORNIA, hereinafter referred to as Lessor, acting by and through the
CALIFORNIA STATE LANDS COMMISSION {JOO Howe Avenue, Suite 100-South,
Sacramento, California 95825-8202), pursuant to Division 6 of the Public Resources
Code and Title 2, Division 3 of the California Code of Regulations, and for
consideration specified in this Lease, does hereby lease, demise, and let to
CHANNELSIDE WATER RESOURCES LP, hereinafter referred to as Lessee, those certain
lands described in Exhibit A, hereinafter referred to as Lease Premises, subject to the
reservations, terms, covenants, and conditions of this Lease.
'l;
Nov. 20, 2024 Item #1 34 of 82
MAILING ADDRESS:
9700 Research Drive.
Irvine, CA 92618
LEASE TYPE:
General Lease -Other
LAND TYPE:
Sovereign
LOCATION:
(
Pacific Ocean, adjacent to Carlsbad State Beach and Agua Hedionda Lagoon as
described in Exhibit A attached and by this reference made a part hereof.
LAND USE OR PURPOSE:
Placement of up to 500,000 cubic yards of suitable dredge material per dredging
cycle from Agua Hedionda Lagoon on sovereign land adjacent to Carlsbad State
Beach.
TERM:
10 years; beginning September 1, 2024; ending August 31, 2034, unless sooner
terminated as provided under this Lease.
CONSIDERATION:
$167 per year, with an annual Consumer Price Index adjustment as specified in
Paragraph 2.6 of Section 3 -General Provisions.
LIABILITY INSURANCE: In an amount no less than $1,000,000 per occurrence.
SURETY BOND OR OTHER SECURITY: $0
Nov. 20, 2024 Item #1 35 of 82
SECTION 2: SPECIAL PROVISIONS
BEFORE THE EXECUTION OF THIS LEASE, ITS PROVISIONS ARE AMENDED, REVISED, OR
SUPPLEMENTED AS FOLLOWS:
1. Lessee is authorized during the lease term to place up to a maximum of 500,000
cubic yards per dredging cycle at the Carlsbad State Beach receiver site (Site) as
described in Exhibit A attached and by reference made a part hereof, and as
shown on Exhibit B attached for reference purposes only. Such dredge material
placement is authorized for materials dredged from Agua Hedionda Lagoon
only.
2. At least 30 days prior to the beginning of any dredge cycle where placement of
dredge materials is expected to occur at the Site, Lessee shall submit for Lessor
staff review and approval a Sampling and Analysis Plan (SAP), substantially in the
form of the SAP as shown in Exhibit C, attached and by this reference made a
part hereof, and a Sampling Report showing the results of sampling conducted in
accordance with the SAP.
3. Prior to the start of any dredge material placement as described herein, Lessee
shall provide Lessor with the name, address, telephone number and contractor's
license number of the contractor(s) selected to conduct such placement if any
dredge cycle is not conducted by Lessee. Should Lessee change contractors,
Lessee shall provide Lessor with all pertinent information, as described herein.
4. Any vehicles, equipment, or machinery to be used on the Lease Premises are
limited to those which are directly required to perform the authorized use and
shall not include any vehicles, equipment, or machinery that may cause damage
to the Lease Premises or lands subject to Lessor's jurisdiction.
5. All vehicles, equipment, machinery, tools or other property taken onto or placed
within the Lease Premises or lands subject to Lessor's jurisdiction shall remain the
property of the Lessee or its contractors. Upon completion of any beach
replenishment event such property shall be promptly and properly removed by
Lessee, at its sole risk and expense.
6. Lessor does not accept any responsibility for any damages to any property,
including any vehicles, equipment, machinery, or tools within the Lease Premises
or lands subject to Lessor's jurisdiction.
7. Lessee shall promptly and completely remove all waste material and debris
created by Lessee or its contractors from the Lease Premises and lands subject to
Lessor's jurisdiction.
Nov. 20, 2024 Item #1 36 of 82
(
8. Lessee shall ensure its employees, agents, contractors, and invitees (collectively,
Lessee's Agents) comply with all applicable provisions of this Lease. Any breach
or default by Lessee's Agents of any applicable provision of this Lease shall be
considered a breach or default of the Lease by Lessee.
9. No vehicle or equipment refueling, maintenance, or repairs will be permitted
within the Lease Premises or lands subject to Lessor's jurisdiction.
10. All waste material and debris created by Lessee shall be entirely removed from
the Lease Premises and lands subject to Lessor's jurisdiction.
[Remainder of page left blank intentionally.}
Nov. 20, 2024 Item #1 37 of 82
Section 3: General Provisions -Dredging
Paragraph 1: Definitions
(
"Applicable Laws" are all local, state, and federal statutes, regulations, rules,
codes (including building codes), ordinances, judgments, orders, notice
requirements, and other requirements of governmental authorities pertaining to
the use or condition of the Lease Premises and the conduct of Lessee's business
thereon in effect as of the date of execution of this Lease or subsequently
enacted and lawfully applied hereto.
"Damages" are all liabilities, demands, claims, actions, or causes of action
whether regulatory, legislative, or judicial in nature; all assessments, levies, losses,
fines, penalties, damages, cos1"s, and expenses, including, without limitation: (i)
reasonable attorneys', accountants', investigators', and experts' fees and
expenses sustained or incurred in connection with the defense or investigation
of any such liability, and (ii) costs and expenses incurred to bring the Lease
Premises into compliance with Applicable Laws, Environmental Laws, a court
order, or applicable provisions of a Regulatory Agency. The term "Damages"
also includes those Damages that arise as a result of strict liability, whether
arising under Environmental Laws or otherwise.
"Environmental Laws" are any and all federal, state, or local environmental,
health, or safety-related laws, regulations, standards, decisions of courts,
ordinances, rules, codes, orders, decrees, directives, guidelines, permits, or
permit conditions, treaties and conventions, currently existing and as amended,
enacted, issued, or adopted in the future that are or become applicable to
Lessee, and the Lease Premises with respect to: (a) the protection, preservation,
or clean-up of the environment, wildlife, habitat, or natural resources; (b) the
use, treatment, storage, transportation, handling, or disposal of Hazardous
Materials; (c) the quality of the air and the discharge of airborne wastes, gases,
particles, or other emissions; (d) the preservation or protection of waterways,
groundwater, or drinking water; or (e) the health and safety of persons or
property.
"Hazardous Materials" are any chemical, substance, material, controlled
substance, object, condition, waste, living organism, or combination thereof
that is or may be hazardous to human health or safety or to the environment
due to its radioactivity, ignitability, corrosivity, reactivity, explosivity, toxicity,
GL: Dredging Use Page 1 of 20 Form 51.16 (Rev. 4/24)
Nov. 20, 2024 Item #1 38 of 82
carcinogenicity, mutagenicity, phytotoxicity, infectiousness, or other harmful or
potentially harmful properties or effects, including, without limitation, tobacco
smoke, petroleum and petroleum products, asbestos, radon, polychlorinated
biphenyls (PCBs), and all of those chemicals, substances, materials, controlled
substances, objects, conditions, wastes, living organisms, or combinations
thereof that are now or become in the future listed, defined, or regulated in any
manner by any Environmental Laws based on, directly or indirectly, such
properties or effects.
"Improvements" are any modification, alteration, addition, or removal of any
material and any other action that changes the condition of the Lease Premises
from the natural state, whether situated above, on, or under the Lease Premises.
Improvements include any construction situated on the Lease Premises
regardless of value.
"Lease" is this document together with all subsequent amendments and
exhibits.
"Mineral Resources" includes timber, crops, sand, oil, gas, hard rock minerals
and other mineral deposits as defined in Public Resources Code section 6407.
"Natural Resources" are all of the flora and fauna native to both the upland
terrestrial, freshwater, coastal and marine ecosystems within, and adjacent to,
the lease premises.
"Public Trust" means the constitutional, statutory, and common law doctrine
providing the State's sovereign authority over the navigable waters of the state,
including the tidelands and submerged lands underlying those waters that are
held in trust for the benefit of all the people of the state and for purposes that
include maritime or water-dependent commerce, navigation, fisheries, the
preservation of lands in their natural state for scientific study, open space,
wildlife habitat, and water-oriented recreation.
Paragraph 2: Rent/Royalty
2. 1. Absolute Triple Net Lease. This Lease is an absolute triple net lease, meaning
lessor has no obligation with respect to the payment of taxes, insurance, the
cost of maintenance, utilities, repairs, or other costs or obligations associated
with the Leased Premises, except as expressly stated herein.
2.2. Lessee shall pay the rent or royalty as stated in this Lease to Lessor without
deduction, delay, or offset.
GL: Dredging Use Page 2 of 20 Form 51.16 (Rev. 4/24)
Nov. 20, 2024 Item #1 39 of 82
2.3 Payment of Rent/Royalty. Lessee must pay rent/royalty annually, on or before
each anniversary of this Lease unless this Lease specifies a different rent
schedule. The first installment is due on the beginning date of this Lease or within
60 days of Lessor authorizing the Lease at a properly noticed public meeting,
whichever is later. Rent is due each year in advance. Should Lessee submit
payments that are less than the full amount of rent due under this Lease, Lessor
may provide a supplemental billing invoice. Rent will not be refunded or
prorated if Lessee discontinues use of the Lease Premises during the term.
2.4. Place for Payment. All payments under this Lease must be submitted to
Lessor's principal office as specified in this Lease. Lessee may contact Lessor's
accounting staff for Lessor's current practices for payment by credit card or
electronic fund transfer.
2.5. Courtesy Invoices. Lessor may send courtesy invoices to the address on file
for Lessee at least thirty (30) days before a rent payment is due. Lessor's failure to
provide, or delinquency in providing, invoices will neither excuse Lessee from
paying rent nor extend the time for paying rent. If Lessor does not send a
courtesy invoice, Lessee must submit rent in the amount of the prior year's rent
when due and contact Lessor within thirty (30) days to determine the balance
due.
2.6. Penalties and Interest. Penalties for late payments of any amounts due
under this Lease and interest thereon are as provided in Title 2, California Code
of Regulations section 1911 (b). Timeliness of receipt of remittances shall be as
provided in Title 2, California Code of Regulations section 1911 (a).
2.7. Annual Adjustment of Rent. The rent specified in Section 1 of this Lease will
be adjusted annually by the Consumer Price Index as specified in Title 2,
California Code of Regulations section 1900(m) & (n) unless otherwise specified
in this Lease.
2.8. Review of Non-Monetary Consideration. If rent is discounted or waived
pursuant to Title 2, California Code of Regulations section 2003(e)(4), Lessor may
review such determination at any time and set a monetary rental. Lessee shall
be given at least thirty (30) days' notice prior to the date of the Commission
meeting wherein the rent modification is considered, or thirty (30) days' notice
prior to the effective date that the rent is changed, whichever provides more
notice.
2.9. Periodic Rent Review. Lessor may modify the method, amount, or rate of
consideration effective on the fifth anniversary of the beginning date of this
GL: Dredging Use Page 3 of 20 Form 51.16 {Rev. 4/24)
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Lease. Lessor may also modify the method, amount or rate of consideration
during the last year of the Lease. Lessor shall consider the factors provided in
Title 2, California Code of Regulations section 2003{d) when determining
whether a rent modification is appropriate and which rental method listed in
section 2003(a) should apply. Should Lessor fail to exercise such right effective
on the fifth anniversary, it may do so on any one ( l) of the next four (4)
anniversaries following such fifth anniversary, without prejudice to its right to
modify rent on the next or any succeeding tenth anniversary of the beginning
date. No such modification shall become effective unless Lessee is given at least
thirty (30) days' notice prior to the date of the Commission meeting wherein the
rent modification is considered or thirty (30) days' notice prior to the effective
date of the increase, whichever provides a greater notice period.
2.10. If Lessor elects to prepare an appraisal to establish a new rent, Lessee may,
at its option, also provide a timely independent appraisal at its sole expense for
Lessor's review and consideration. Prior to Lessee's contracting for such
appraisal, Lessor and Lessee shall negotiate in good faith and agree upon the
terms and conditions for such third-party appraisal, including but not limited to
the highest and best use, appraisal methodology and minimum appraiser
credentials. Such appraisal shall be prepared in accordance with generally
accepted appraisal standards as they are adopted from time to time by the
Appraisal Standards Board of the Appraisal Foundation, and Lessor's Appraisal
Guidelines.
2.11. Books and Records. Lessee must keep and maintain full and accurate
accounting books and records of transactions from the Lease Premises in
accordance with generally accepted accounting principles for at least the five
(5) prior years. The accounting books and records kept and maintained by
Lessee for audit purposes must include all records, receipts, journals, ledgers,
and documents reasonably necessary to enable Lessor or its auditors to perform
a complete and accurate audit of gross sales and exclusions from gross sales in
accordance with generally accepted accounting principles. Lessee must also
maintain an original receipt for the payment of taxes, assessments, or
installments and deliver such to Lessor upon request.
2.11. l . Lessee shall prepare and maintain accurate records of its operations
under this Lease. On or before the 15th day of the month following the lease
year, Lessee shall provide to Lessor a detailed statement (hereinafter "Dredging
Report") of the amount of dredged materials and copies of reports or contracts
with the dredging operator substantiating the volume of dredged materials and
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(
placement or disposal of dredged materials.
2.11.2. At the request of Lessor, the Lessee shall provide additional information to
assist in interpreting and evaluating the contents of Lessee's Dredging Report.
2.12. Report of Gross Income. On Lessor's request, Lessee must submit a Report of
Gross Income on a form provided by Lessor for the prior five (5) years. This report
together with supporting documentation (hereinafter collectively referred to as
"Income Reports") must include all business operations located on or over the
Lease Premises. The gross income of sublessees and all others generating income
on the Lease Premises must be reported separately and with sufficient
organization and detail so that Lessor can identify the source of all gross income
generated on the Lease Premises.
2.13. Audits. On not less than ten ( 10) days' prior written notice to Lessee, Lessor
may cause an audit to be made of the Income Reports and all of Lessee's
records, accounting books, and Dredging Reports necessary (in Lessor's
judgment) to audit such items. Lessee will make all such books and records
available for the audit at the Lease Premises or at Lessor's offices. If the audit
discloses an underpayment of Rent or Royalty, Lessee will immediately pay to
Lessor the amount of the underpayment with "Interest" (as provided in
Paragraph 2.6), which will accrue from the date the payment should have been
made through and including the date of payment. If the audit discloses an
underreporting of rent or royalty in excess of two percent (2%) of the reported
Gross Income, then Lessee will also immediately pay to Lessor all reasonable
costs and expenses incurred in the audit and in collecting the underpayment,
including auditing costs and attorney fees. If the audit discloses an
overpayment of Rent or Royalty, Lessee will be entitled to a credit in the amount
of the overpayment against the next rent payment(s).
2.14. Lessee waives any rights or objections it may have and consents to the
examination, inspection and audit of the books and records associated with the
dredging activities maintained by Lessee and its subcontractors.
2.15. Lessee shall, within 30 days of Lessor's request, provide copies of all data
arising from Lessee's operation on the Lease Premise including, but not limited
to, surveys conducted by or for Lessee before and after dredging under this
Lease. All proprietary information and trade secrets shall be marked as such
and shall be held in confidence by the Lessor.
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Paragraph 3: Surety
3. l . Lessee to Obtain Surety. Lessee shall provide a surety bond or other security
device acceptable to Lessor when required by Section l of this Lease. Such
security shall be for the specified amount, name the State of California, California
State Lands Commission, as the assured, and guarantee to Lessor the faithful
observance and performance by Lessee of all the terms, covenants, and
conditions of this Lease.
3.2. Lessor's Modification of Surety. Lessor may require an increase in the amount
of the surety bond or other security device to cover any additionally authorized
Improvements, any modification of consideration, or to provide for inflation or
other increased need for security. The surety bond or other security device may
be increased: (i) if any additional Improvements or activities are authorized on
the Lease Premises; (ii) if Lessee modifies any existing Improvements such that the
cost for removal of such Improvements is increased; (iii) when a periodic rent
review is conducted under section 2.8; (iv) on each fifth anniversary of this Lease,
(v) Lessor determines it is in the best interest of the state; (vi) within the last two
years of the Lease. Should Lessor fail to exercise such right effective on any fifth
anniversary, it may do so effective on any one of the next four anniversaries
without prejudice to its right to modify the surety on the next fifth anniversary or as
otherwise provided above. Lessor will provide at least thirty (30) days' notice prior
to the date of the Commission meeting wherein the modification of the surety is
considered, or thirty (30) days' notice prior to the effective date of the increase.
3.3. Lessee's Modification of Surety. Any security device required under this
Lease must be maintained at all times during the Lease term. Lessee must first
seek approval of Lessor before changing the surety holder or the type of security
device used.
Paragraph 4: Insurance
4.1. Lessee Must Insure Lease Premises. Lessee must obtain and maintain in full
force and effect during the term of this Lease comprehensive general liability
insurance and property damage insurance against any and all claims or liability
arising out of the ownership, use, occupancy, condition, or maintenance of the
Lease Premises and all Improvements. Lessee shall also carry full and complete
workers compensation insurance covering all of its employees. The coverage
limit must be no less than the amount specified in Section 1 of this Lease.
4.2. Insurance Policy Requirements. The insurance policy must identify the Lease
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by its assigned number. The coverage provided must be primary and non-
contributing. Lessee must keep such policy current. Lessor must be named as a
"certificate holder" or an "additional interest" on the policy. Lessee must
provide Lessor with a current certificate of insurance at all times. At Lessor's
request, Lessee must provide a full copy of the current insurance policy, along
with any and all endorsements or other such documents affecting the
coverage. Lessor will not be responsible for any premiums or other assessments
on the policy.
4.3. Notice to Lessor. Lessee shall notify Lessor within five (SJ business days if the
insurance is canceled for any reason and shall act diligently to replace the
insurance. Failure to timely replace the insurance may result in a default of the
lease.
4.4. Modification. Lessor may require an increase in the amount of the insurance
to cover any additionally authorized Improvements, any modification of
consideration, or to provide for inflation or other increased need. Insurance
coverage may be increased if: (i) if any additional Improvements or activities are
authorized on the Lease Premises; (ii) if Lessee modifies any existing Improvements
or intensity of use; (iii) a periodic rent review is conducted under section 2.8 and
rent is increased; (iv) on each fifth anniversary of this Lease, (v) Lessor determines
it is in the best interest of 1·he state; {vi) within the last two years of the Lease.
Should Lessor fail to exercise such right effective on any fjfth anniversary, it may do
so effective on any one of the next four anniversaries without prejudice to its right
to modify insurance requirements on the next fifth anniversary. Lessor will provide
at least thirty (30) days' notice prior to the date of the Commission meeting
wherein the modification of insurance is considered, or thirty (30) days' notice
prior to the effective date of the increase.
Paragraph 5: Taxes, Assessments, and Fees
5.1. Revenue and Tax Code Section 107.6 Statement. Issuance of this Lease
creates a possessory interest that may be subject to property taxation. The
Lessee may be subject to, and is solely responsible for, any possessory interest
taxes levied on the leasehold interest.
5.2. Lessee to Pay All Taxes, Assessments and Fees. In addition to any Rent due
under this Lease, Lessee must pay when due all real and personal property taxes
imposed on or associated with the Lease Premises during the term of this Lease.
This includes, without limitation: possessory interest taxes, assessments, special
assessments, user fees, and service charges. If this Lease begins or ends during a
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tax year, Lessee must pay the taxes, assessments, and fees for the portion of the
tax year the Lease was in effect.
5.3. Reimbursement Agreements. Lessee must pay in full any amount owed on
the Application Reimbursement Agreement within 30 days of invoice.
5.4. Records of Payments. Lessee shall keep the official and original receipt for
payments required by this paragraph 5 and provide to Lessor upon request.
Paragraph 6: Land Use
6.1. Only Authorized Uses. Lessee will use the Lease Premises only for the purposes
stated in this Lease. Any additional uses or Improvements require separate
authorization from Lessor. Lessee must submit a separate application to Lessor to
amend this Lease if Lessee intends to alter the Improvements on, or change the
uses of, the Lease Premises.
6.2. Lessee to Comply with All Laws. Lessee, at Lessee's sole expense, will comply
with all Applicable Laws. Lessee must give Lessor immediate written notice on
Lessee's becoming aware that the use or condition of the Lease Premises is in
violation of any Applicable Laws. Lessee must obtain and maintain all permits or
other entitlements.
6.3. Lease Does Not Substitute for Permits. This Lease does not substitute for or
provide preference in obtaining approval from other federal, state, or local
agencies. Lessee is solely responsible for determining what approvals,
authorizations, or certifications are required, and will be solely responsible for all
costs incurred thereby.
6.4. No Discrimination. Lessee, in its use of the Lease Premises, must not
discriminate against any person or class of persons on any basis protected by
federal, state, or local law.
6.5. "As Is." Lessee accepts the Lease Premises "as is" and acknowledges that:
6.5.1 . Lessor, including its officers and employees. made no representations or
warranties as to the suitability of the Lease Premises for any uses authorized
under this Lease. Lessee is solely responsible for determining the suitability of the
Lease Premises for any proposed use or Improvements; and
6.5.2. Lessor, including its officers and employees, has made no representations
or warranties as to the quality or value of any Improvements found on the Lease
Premises, or of their conformity to Applicable Laws. Lessee agrees to inspect any
preexisting Improvements at its own cost to determine whether such
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Improvements ore safe and suitable for the Lessee's intended use; and
6.5.3. Damage to or destruction of any Improvements on the Lease Premises by
any cause whatsoever does not entitle Lessee to any reduction in rent or
extension of this Lease; and
6.5.4. Any Improvements on the Lease Premises ore considered personal
property and not fixtures; and
6.5.5. Lessee accepts the hazards involved in using or improving such lands.
Lessor is not responsible for any damages or reduced use of the Lease Premises
caused by: local or invasive flora or fauna, flooding, erosion, climate change,
sea level rise, storms, freezing, inclement weather of any kind, acts of god,
maintenance or failure of protective structures, and any other such hazards.
Lessee will not be reimbursed or receive offset of rent for such hazards; and
6.5.6. The Lease Premises may be subject to pre-existing contracts, leases,
licenses, easements, encumbrances, and claims. The Lease is mode without
warranty by Lessor of title, condition, or fitness of the land for the stated or
intended purpose.
6.6. Conduct of Operations. Lessee shall safely conduct all dredging and
disposal operations in accordance with accepted dredging and disposal
methods and practices with regard for the protection of life and property,
preservation of the environment and the conservation of natural resources.
6.7. Suspension of Operations. Lessee shall immediately suspend all operations
under this Lease, except those which ore corrective or mitigative, when ordered
by the Lessor to do so upon the Lessor's determination that Lessee's operations
ore causing or creating undue harm to public health and safety or to the
environment or ore otherwise not in the State's best interest. Lessee shall not
resume operations under this Lease until the Lessor has determined that
adequate and feasible corrective or mitigative measures will be implemented
by the Lessee. No suspension ordered or approved under this paragraph shall
relieve Lessee from any obligation under this Lease unless specifically provided
in the terms of the suspension.
6.8. This Lease does not authorize Lessee to dredge for purposes of commercial
resale, environmental mitigation credits, or other private benefit without the
prior written consent of the Lessor.
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Nov. 20, 2024 Item #1 46 of 82
Paragraph 7: Climate Change
7.1. Lessee acknowledges that the Lease Premises and adjacent upland may
be subject to the hazards exacerbated by climate change, including sea level
rise. Potential hazards to the Lease Premises from climate change include but
are not limited to flood damage, erosion damage, tsunamis, and damage from
waves and storm-created debris. Lessee acknowledges that these impacts
associated with climate change may require additional adaptation or
protection strategies applied to the improvements on the Lease Premises and
additional maintenance.
7.2. Lessee assumes the risks associated with such potential hazards and agrees
to be solely responsible for all damages, costs, and liabilities arising as a result of
the impacts of such hazards on the Lease Premises. Any additional
maintenance or protection strategies necessitated by such hazards may be
subject to environmental review and require additional approval by the Lessor.
Paragraph 8: Environmental Matters
8.1. Lessee to Comply with Environmental Laws. Lessee, at its sole cost and
expense, will comply with all Environmental Laws.
8.2. Hazardous Materials. Lessee will immediately notify Lessor of any known
violation of any Environmental Laws, along with any action, claim, demand,
inquiry, or order relating to a violation of Environmental Laws on the Lease
Premises. Lessee must immediately provide copies of all related documents
upon Lessor's request. Lessee must immediately notify Lessor and the appropriate
governmental emergency response agency, or agencies in the event of any
release or threatened release of any Hazardous Material on or about the Lease
Premises.
8.3. Cleanup of Hazardous Materials. If Hazardous Materials are located on or
released onto or about the Lease Premises due to Lessee's activities on the Lease
Premises, the Lessee is responsible for the cleanup and disposal of such
Hazardous Materials. Lessee must submit a site assessment and
removal/remediation plan prepared by a professional, licensed and qualified to
remove or remediate the Hazardous Materials. Lessor will have an opportunity to
review the plan. If Lessor approves the plan in writing, Lessee must commence
the removal/remediation at its sole expense, in conformance with all Applicable
Laws. Alternately, Lessor may elect to perform the removal/remediation at
Lessee's expense. Lessee must compensate Lessor for the actual cost of the
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removal/remediation within thirty (30) days of receiving a written invoice from
Lessor.
8.4. Inspection. Lessee will permit Lessor or its agents to enter the Lease Premises
on reasonable notice to inspect, monitor, or take remedial action with respect
to Hazardous Materials. If Hazardous Materials are generated, stored, or
transported on the Lease Premises, Lessor may require Lessee to conduct an
independent environmental site assessment or inspection for the presence or
suspected presence of Hazardous Materials. If this assessment or inspection is
required, Lessor will be allowed to review and approve the contractor, and the
work will be done at Lessee's expense.
8.5. Conservation. Lessee will cooperate with and participate in conservation
programs for water, electricity, composting, natural gas and recycling
programs, including those for the collection of cardboard, metals, plastics, and
glass.
8.6. Lessee shall use all reasonable precautions to prevent waste of, damage to,
or loss of mineral resources, fisheries, wildlife, and the environment on or in the
Lease Premises and shall be liable to the Lessor for any such waste, damage, or
loss to the extent that such waste, damage, or loss is caused by:
8.6. 1. The intentional or negligent acts of Lessee, its employees, servants, agents,
or contractors.
8.6.2. The breach of any provision of this Lease by Lessee, its employees,
servants, agents, or contractors; or
8.6.3. The noncompliance of the Lessee, its employees, servants, agents, or
contractors, with applicable statutes or rules and regulations of the state
provided, however, that nothing shall diminish any other rights or remedies
which the Lessor may have in connection with any such negligence, breach, or
noncompliance.
8.7. Independent Site Assessment. Lessor may at any time during the Lease term
require Lessee to conduct, at Lessee's expense and by a contractor approved
by Lessor, an independent environmental site assessment or inspection for the
presence or suspected presence of hazardous wastes, substances, or materials
as defined under federal, state, or local law, regulation, or ordinance,
manufactured, generated, used, placed, disposed, stored, or transported on
the Lease Premises during the term of the Lease. Lessee shall provide the results
of the assessment or inspection to Lessor and the appropriate governmental
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response agency(ies) and shall further be responsible for removal or other
appropriate remedial action regarding such wastes, substances, or materials in
accordance with applicable federal, state, or local law regulation or ordinance.
Paragraph 9: Lessor's Reservation of Rights
9.1. Non-Exclusive Lease. Lessee's right of occupancy is non-exclusive. Lessee
may control access to the Improvements on the Lease Premises. Unless
otherwise stated in this Lease, Lessee may exclude persons from the Lease
Premises only when their presence or activity constitutes a material interference
with the Authorized Use of the Lease Premises.
9.2. Lessee Responsible for Impacts to Natural Resources and Public Trust Uses.
When the Lease Premises include school lands or sovereign lands, the Lessee is
responsible for any damage or adverse impacts to Natural Resources within or
adjacent to the Lease Premises. It is the intention of Lessor to limit the transfer of
rights under this lease to the minimum level required to carry out the primary
purpose of the Lease. Lessee's use of the Lease Premises must minimize impacts
to the Public Trust if the Lease Premises are subject to the Public Trust. Lessee
must not interfere with public access or Public Trust uses authorized under statute
and common law.
9.3. Mineral Resources. Mineral Resources may not be removed from the Lease
Premises unless specifically authorized under this Lease. Lessee shall not sell,
damage, or use Natural Resources found within the Lease Premises without
specific authorization under this Lease. Lessor reserves the right to grant and
transfer Mineral Resources along with the right to grant leases to third parties in
and over the Lease Premises for the extraction of such Mineral Resources. Such
leasing will not be inconsistent or incompatible with the rights or privileges of
Lessee under this Lease.
9.4. Right to Inspect. Lessor reserves the right to inspect the Lease Premises. If
access to the Lease Premises is reasonably accomplished by passing through
adjacent property owned by Lessee, Lessor shall provide reasonable notice prior
to entry and Lessee shall grant such entry for inspection of the Lease Premises.
9.5. Statutory Reservations. Lessor reserves to the public an easement across the
Lease Premises complying with Public Resources Code section 6210.4 and Public
Resources Code section 6210.5.
9.6. Multiple Overlapping Leases Allowed. Lessor reserves the right to lease,
convey, or encumber the Lease Premises, in whole or in part, during the Lease
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term for any purpose not inconsistent or incompatible with the rights or privileges
of Lessee under this Lease.
Paragraph 1 O: Indemnity
10.1. Lessee's Sole Risk. Lessee's use of the Lease Premises and any
Improvements thereon is at Lessee's sole and exclusive risk.
10.2. Lessee to Indemnify Lessor. Except to the extent caused by the sole
negligence or willful misconduct of the Lessor, Lessee shall indemnify, hold
harmless, and, at the option of Lessor, defend Lessor, its officers, agents, and
employees from any and all Damages resulting from Lessee's occupation and
use of the Lease Premises. Lessee shall reimburse Lessor in full for all reasonable
costs and attorneys' fees, specifically including, without limitation, any Damages
arising by reason of: ( 1) The issuance, enjoyment, interpretation, or breach of this
Lease; (2) The challenge to or defense of any environmental review upon which
the issuance of this Lease is based; (3) The death or injury of any person, or
damage to or destruction of any property from any cause whatever in any way
connected with the Lease Premises, or with any of the Improvements or personal
property on the Lease Premises; (4) The condition of the Lease Premises, or
Improvements on the Lease Premises; (5) An act or omission on the Lease
Premises by Lessee or any person in, on, or about the Lease Premises; (6) Any
work performed on the Lease Premises or material furnished to the Lease
Premises; (7) Lessee's failure to comply with any Applicable Laws or violation of
any Environmental Laws; (8) The costs for environmental cleanup or other
response costs relating to the release or threatened release of Hazardous
Materials on the Lease Premises during Lessee's occupation of the Lease
Premises. This obligation includes any prior leases between Lessee and Lessor
and will continue until Lessee has performed all duties under Paragraph 13
Conditions of Lease Termination.
10.3. Lessor Not Required to Defend. Lessor need not defend itself against all or
any aspect of any challenge to this Lease or any associated environmental
review. However, Lessee may take whatever legal action is available to it to
defend this Lease or any associated environmental review against any
challenge by a third party, whether or not Lessor chooses to raise a defense
against such a challenge.
10.4. Lessee to Notify Lessor. Lessee shall notify Lessor immediately in case of any
accident, injury, or casualty on the Lease Premises.
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( (
Paragraph 11: Assignment, Encumbrance, or Sublet
11.1. Lessor's Consent Required for Assignment. Lessee shall not mortgage;
hypothecate; encumber; assign; sublet; enter into franchise. license, or
concession agreements; or otherwise transfer all or part of this Lease (collectively
"Assign" or "Assignment"} without Lessor's advanced and expressed consent at
a properly noticed public meeting. Any purported Assignment without Lessor's
consent will be void and of no force or effect and will not confer any estate or
benefit on anyone. A consent to one Assignment by Lessor will not be deemed
to be a consent to any subsequent Assignment by or to any other party.
11 .2. Lessee Actions Not Considered Assignments. If Lessee is a public
corporation whose stock is traded on a nationally recognized stock exchange,
sale or transfer of such stock is not an Assignment.
11.3. Procedures. If Lessee desires to Assign this Lease, Lessee will apply to Lessor
for the proposed Assignment. The Assignment will be considered by Lessor at a
properly noticed public meeting. Lessor may require any of the following in
considering consent of an Assignment: (a} the nature, effective date, terms, and
conditions of the assignment; (b} a description of the identity, net worth, and
previous business experience of the proposed assignee; (c} a complete business
plan prepared by the proposed assignee; and (d} any further information
relevant to the proposed Assignment that Lessor reasonably requests. Lessor
may either (i} consent to the proposed Assignment; (ii} refuse to consent to the
proposed Assignment; or (iii} determine that it is preferable to terminate this
Lease and issue a new lease to the proposed assignee.
11.4. Standard for Consent. Lessor may refuse its consent to the proposed
Assignment on any reasonable grounds. Reasonable grounds include, without
limitation: (a} the proposed assignee intends to use the Lease Premises for
different activities or uses than those set forth in Section 1; (b} the proposed
assignee's financial condition is inadequate to support the financial and other
obligations of Lessee under this Lease; (c) the business reputation or character
of the proposed assignee is not reasonably acceptable to Lessor; (ct) the
proposed assignee is not likely to conduct a business of a quality substantially
equal to that conducted by Lessee; (e} the proposed assignee's planned use of
the Lease Premises would increase the burden on the Lease Premises, involve an
increased risk of the presence, use, release, or discharge of Hazardous Materials;
or (f} Lessor has not received adequate assurance that all breaches will be
cured before the effective date of the proposed Assignment.
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(
11.5. Additional Terms. Lessee's Assignment of the Lease does not release Lessee
from liability for any Hazardous Materials or ordinance manufactured,
generated, used, placed, disposed, stored, or transported on the Lease
Premises during Lessee's tenancy. An unauthorized assignment does not relieve
Lessee from its covenants and obligations under this Lease. Lessor's acceptance
of any payment due under this Lease from any person other than Lessee will not
be deemed to be a waiver by Lessor of any provision of this Lease or to be a
consent to any Assignment.
11.6. Bankruptcy. If Lessee files a petition or an order for relief is entered against
Lessee under the Bankruptcy Code (11 U.S.C. § 101, et seq.), then the trustee or
debtor-in-possession must elect to assume or reject this Lease within sixty (60)
days after filing of the petition or appointment of the trustee, or as that deadline
may be extended by order of the court, or the Lease shall be deemed to have
been rejected and Lessor shall be entitled to immediate possession of the Lease
Premises. No assumption or assignment of this Lease shall be effective unless it is
in writing and unless the trustee or debtor-in-possession has cured all breaches of
this Lease (monetary and non-monetary) or has provided Lessor with adequate
assurances (a) that within ten (10) days from the date of such assumption or
assignment, all monetary breaches of this Lease will be cured; and (b) that
within thirty (30) days from the date of such assumption, all non-monetary
breaches of this Lease will be cured; and (c) that all provisions of this Lease will
be satisfactorily performed in the future.
11.7. Permitted Assignments. The following Assignments are permitted under this
Lease without Lessor's consent: (a) Assignment caused by the death of a spouse
where the full interest of the deceased spouse is Assigned to a surviving spouse,
provided Lessor is notified in writing within thirty (30) days of the assignment; (b)
assignment caused by the dissolution of the marriage of Lessee when the full
interest of one spouse is assigned to the other, provided Lessor is notified in writing
within thirty (30) days of the transfer; and (c) substitution or succession of a new
trustee if the Lease is held in trust and the Lessee is a trustee or successor trustee
thereof, provided Lessor is notified in writing no later than sixty (60) days after the
named trustee as appears on the face of this Lease becomes unable or ceases
to serve as trustee for any reason.
11 .8. Lessee Remedies. If Lessor withholds or conditions its consent and Lessee
believes that Lessor did so contrary to the terms of this Lease, then Lessee's sole
remedy will be to prosecute an action for declaratory relief to determine if
Lessor properly withheld or conditioned its consent, and Lessee hereby waives all
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other remedies.
Paragraph 12: Breach
(
12.1. Events of Breach. All covenants and agreements contained in this Lease
are declared to be conditions to this Lease. Lessee's failure to pay rent when
due or any other charges under this Lease for five { 5) days after written notice
from Lessor to Lessee will be considered a monetary breach. Lessee's failure to
perform any other promise, covenant, or agreement under this Lease for more
than thirty (30) days after written notice from Lessor to Lessee will be considered
a non-monetary breach. (If a non-monetary breach cannot be cured within the
thirty (30)-day period, the breach will be deemed to be cured if Lessee begins
to cure the breach within the thirty (30)-day period and continues to diligently
complete the cure.
12.2. Breach of Lease. Lessor shall provide written notice to Lessee specifying the
particulars of the breach. Should Lessee fail to cure the breach within the period
specified in Paragraph 12.1, then Lessor may elect to pursue any available
remedies under law, or those specified in paragraph 13.3, below.
12.3. Remedies on Breach of Lease. In addition to any other rights or remedies at
law or equity, Lessor may, without further notice, (a) terminate this Lease, reenter
and take possession of the Lease Premises and remove all persons therefrom; or
{b) keep this Lease in effect without declaring this Lease terminated and without
terminating Lessee's right to possession, reenter the Lease Premises and occupy
the whole or any part for and on account of Lessee and collect any unpaid
rentals and other charges that have become payable or that may thereafter
become payable; or (c) terminate this Lease after reentering the Lease Premises
as provided in subclause (b) above. Any notice required to be given by Lessor
above will be instead of, and not in addition to, any notice required under the
laws of the State of California.
12.4. Determination of Rental Value. If rent under this Lease is calculated as
percentage of Lessee's income attributable to the Lease Premises and Lessee
abandons the Lease Premises, then the reasonable rental value shall be the
percentage of proceeds Lessor would have received had Lessee operated the
Lease Premises in the usual and customary manner.
12.5. Acceptance of Rent When Lessee is in Breach. Lessor's acceptance of any
rent shall not be considered a waiver of any preexisting Breach by Lessee other
than the failure to pay the particular rent accepted regardless of Lessor's
GL: Dredging Use Page 16 of 20 Form 51.16 {Rev. 4/24)
Nov. 20, 2024 Item #1 53 of 82
knowledge of the preexisting Breach at the time rent is accepted, unless the
breach was a monetary breach and the payment occurs during the cure
period specified in Paragraph 13.1.
12.6. Acceptance of Payments After Lease Termination. Lessee's submission or
Lessor's acceptance of any payments after the expiration or termination of this
Lease shall not reinstate or extend this Lease. Lessor may elect to retain any
payment submitted and apply these payments to offset any damages claimed
against Lessee; or Lessor may elect to refund the payments less a reasonable
handling fee.
12.7. Waiver of Rights. The failure or delay of either party to exercise any right or
remedy shall not be construed as a waiver of such right or remedy or any
Breach by the other party.
Paragraph 13: Conditions of Lease Termination
13.1. Use of State Land. This Lease authorizes the use or occupation of state land
for a fixed term of years without options or rights of renewal. Lessee accepts
that future leases authorizing the continued existence of any Improvements
constructed or maintained by Lessee on the Lease Premises are subject to a
discretionary action of the California State Lands Commission. Submission of an
application for a new lease does not guarantee a new lease will be gran1·ed to
Lessee.
13.2. Holdover. This Lease terminates without further notice at the end of its term.
Activities on premises shall constitute trespass without the express consent of the
Lessor. Removal of any minerals or other material without a valid lease may be
considered theft, and appropriation or conversion of such minerals is subject to
treble damages. (Public Resources Code section 6224.2).
13.3. Quitclaim. In the event this Lease is terminated prior to expiration, Lessee
shall deliver a quitclaim of all rights under this Lease to Lessor on request. Lessee
shall execute and deliver such quitclaim to Lessor in a form provided by Lessor.
Should Lessee fail or refuse to deliver such a release, Lessor may record a written
notice reciting such failure or refusal. This written notice shall. from the date of its
recordation, be conclusive evidence against Lessee of the termination of this
Lease and all other claimants.
Paragraph 14: Additional Provisions
14.1 . Conflict in Terms. In the case of any conflict between these General
GL: Dredging Use Page 17 of 20 Form 51.16 (Rev. 4/24)
Nov. 20, 2024 Item #1 54 of 82
Provisions and Special Provisions found in Section 2, the Special Provisions
control.
14.2. Boundaries. This Lease does not establish the State's boundaries and is
made without prejudice to either party regarding any boundary or title claims
which may be asserted presently or in the future.
14.3. No Waiver. Lessor's acceptance of a late or nonconforming performance
shall not constitute a waiver unless such waiver is expressly acknowledged by
Lessor in writing. Lessor's delay in or omission to exercise any right under this
Lease shall not constitute a waiver.
14.4. Time Is of the Essence. Time is of the essence for this Lease and each and
all of its terms, covenants or conditions in which performance is a factor.
14.5. Notice. All notices required to be given under this Lease shall be given in
writing, sent by U.S. Mail or other reputable private carrier with postage prepaid,
to Lessor at the offices of the State Lands Commission and the Lessee at the
address specified in this Lease. Lessor's staff and Lessee may agree to accept
any notice by electronic mail. Lessee shall give Lessor notice of any change in its
name or address.
14.6. Consent. Lessor's consent to one transaction or event shall not be deemed
to be a consent to any subsequent occurrence.
14.7. Changes. This Lease may only be amended, revised, or supplemented by
written agreement of the Parties.
14.8. Joint and Several Obligation. If more than one Lessee is a party to this
Lease, the obligations of the Lessees shall be joint and several.
14.9. Captions. The section and paragraph captions used in this Lease are for
the convenience of the Parties. The captions are not controlling and shall have
no effect upon the construction or interpretation of this Lease.
14.10. Severabillty. If any term, covenant, or condition of this Lease is
determined by a court of competent jurisdiction to be invalid or unenforceable,
the remainder of this Lease shall not be affected thereby, and each term and
provision of this Lease shall remain valid and enforceable to the fullest extent
permitted by law.
14.11 . Representations. Lessee agrees that no representations have been made
by Lessor or by any person or agent acting for Lessor except those stated in this
Lease. This document contains the entire agreement of the Parties. No verbal
GL: Dredging Use Page 18 of 20 Form 51.16 (Rev. 4/24)
Nov. 20, 2024 Item #1 55 of 82
(
agreements, representations, warranties, or other understandings affect this
Lease. Lessor and Lessee, as a material part of the consideration of this Lease,
waive all claims against the other for rescission, damages, or otherwise by reason
of any alleged covenant, agreement, or understanding not contained in this
Lease.
14.12. Gender and Plurality. In this Lease, words importing any gender include
any or all genders, and the singular number includes the plural whenever the
context so requires.
14.13. Survival of Certain Covenants. All covenants pertaining to bond,
insurance, indemnification, restoration obligations, breach or remedies shall
survive the expiration or earlier termination of this Lease until Lessee has fulfilled
all obligations to restore the Lease Premises as required by this Lease.
14.14. Counterparts. This agreement may be executed in any number of
counterparts and by different Parties in separate counterparts.
14.15. Delegation of Authority. Lessor and Lessee acknowledge that Lessor as
defined herein includes the Commission Members, their alternates or designees,
and the staff of the Commission. The ability of staff of the Commission to give
consent, or take other discretionary actions described herein will be as
described in the then-current delegation of authority to Commission staff. All
other powers are reserved to the Commission.
14.16. Successors, The terms, covenants, and conditions of this Lease shall
extend to and be binding upon and inure to the benefit of the heirs, successors,
and assigns of the respective parties.
[Remainder of the page left intentionally blank.]
GL: Dredging Use Page 19 of 20 Form 51.16 (Rev. 4/24)
Nov. 20, 2024 Item #1 56 of 82
STATE OF CALIFORNIA -STATE LANDS COMMISSION
LEASE NUMBER: 932
This Lease shall become effective only when approved by and executed on behalf of
the State Lands Commission of the State of California and Lessee. The submission of this Lease
by Lessor, its agent, or representative for examination by Lessee does not constitute an
option or offer to lease the Lease Premises upon the terms and conditions contained herein,
or a reservation of the Lease Premises in favor of Lessee. Lessee's submission of an executed
copy of this Lease to Lessor shall constitute an offer to Lessor to lease the Lease Premises on
the terms and conditions set forth herein.
IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the date hereafter
affixed.
LESSEE:
CHANNELSIDE WATER RESOURCES LP
Title : President
Date : oc;, "Ttt '!1' et!, ) 4 r 'U:i z¾
LESSOR:
STATE OF CALIFORNIA
STATE LANDS COMMISSION
By: ~/?76=
Rot5ert8rian Bugsch
Title: Chief, Land Management Division
Date: ___ N_O_V_0_5_2_02_4 __
Execution of this document was authorized by the California State Lands Commission on
Oc..\-n'oe.(" 171 z.oz<.{
ATTACH ACKNOWLEDGMENT
GL: Dredging Use Page 20 of 20 Form 51.16 (Rev. 4/24)
Nov. 20, 2024 Item #1 57 of 82
(
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validitv of that document.
State of Califi;lr.tiia
County of ~,,-v Vt e-'P CJ )
personally appeared <' o ,.-.: A,,,:. ,,.,,.,,
who proved to me on the basis of satist ctory evide e to be the person(s) whose name(s) is/fMS'
subscribed to the within instrument and acknowledged to me that.be/sRetlhey executed the same in
his/h9t'/-lheir authorized capacity(ies), and that by his/hel'Afteir signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
~ ~'
Signature~~ ./ • (Seal)
Nov. 20, 2024 Item #1 58 of 82
EXHIBIT A
LAND DESCRIPTION
LEASE 932
A parcel of tide and submerged land situate in the Pacific Ocean adjacent to the mouth
of the Agua Hedionda Lagoon, San Diego County, State of California, and being more
particularly described as follows:
A strip of tide and submerged land 500 feet wide lying adjacent to the Agreed
Ordinary High Water Mark of the Pacific Ocean as described in Boundary Line
Agreement 271, on file at the Sacramento Office of the Calitornia State Lands
Commission; said strip bounded on the northeast by said Agreed Ordinary High
Water Mark; bounded on the southwest by a line parallel with the said Agreed
Ordinary High Water Mark and lying 500 feet southwesterly measured at right
angles therefrom; bounded on the northwest by the southeasterly boundary and
extension thereof, of Parcel 1 of Parcel Map No. 9906, filed in the Office of the
County Recorder of San Diego County on April 14, 1980 as File No. 80-126572;
bounded on the southeast by the northwesterly boundary and extension thereof,
of Lot 20 of Map No. 3052, filed in the Office of the County Recorder of San
Diego County on February 4, 1954 as File No. 14672.
The sideline of said strip to be lengthened or shortened so as to terminate on the
northwest at the southeasterly boundary and extension thereof of said Parcel 1 , and on
the southeast at the northwesterly boundary and extension thereof of said Lot 20.
END OF DESCRIPTION
Prepared 06/26/2024 by the California State Lands Commission Boundary Unit.
Nov. 20, 2024 Item #1 59 of 82
(
/ ~~-
\ o'r'-'f-~
\ ,,, BLA 271
AGREED
ORDINARY HIGH
WATERMARK
LEASE PARCEL
DREDGE MATERIAL
PLACEMENT AREA
N
4
EXHIBIT A
PAGE 2 OF 2
LAND DESCRIPTION PLAT
LEASE 932, CHANNELSIDE WATER RESOURCES LP
SAN DIEGO COUNTY
DT 06/26/2024
CALIFORNIA STATE
LANDS COMMISSION
Nov. 20, 2024 Item #1 60 of 82
NO SCALE
NO SCALE
SITE \ ~~-//
' o~f.
\ '1/ BLA 271
AGREED
ORDINARY HIGH
WATER MARK
DREDGE MATERIAL
PLACEMENT AREA
LOCATION
N
4
EXHIBIT 8
OT 06/26/2024
Revised 07/21
CEQA DETERMINATION OF EXEMPTION
Subject: This California Environmental Quality Act (CEQA) Determination of Exemption is in compliance with
Carlsbad Municipal Code Section 19.04.060. An appeal to this determination must be filed in writing with
the required fee within ten (10) calendar days of the City Planner’s decision consistent with Carlsbad
Municipal Code Section 21.54.140.
Project Number and Title: Agua Hedionda Lagoon Maintenance Dredging - SUP2024-0006 (DEV06068)
Project Location - Specific: Agua Hedionda Outer Lagoon – APNs 210-010-45-00, 760-252-03-00, 210-010-13-00,
204-310-01-00, 760-166-58-00, 760-252-08-00, 210-10-49-00, 210-010-35-00, 206-070-16-00
Project Location - City: Carlsbad Project Location - County: San Diego
Description of Project: Channelside Water Resources LP (Channelside) is proposing to conduct maintenance
dredging within the Outer Basin of Agua Hedionda Lagoon (Lagoon) in Carlsbad, California. The Lagoon is a 235-acre
estuary comprising the Inner Basin, Middle Basin, and Outer Basin. Maintenance dredging within the Lagoon has
been conducted routinely since 1954, when the now-decommissioned Encina Power Station opened. Historical
sediment removal ensured adequate flow of cooling water to the Encina Power Station, located on the southern
edge of the Outer Basin, until its closure in 2018. The Carlsbad Desalination Plant is located at the same site as the
Encina Power Station and currently uses the power plant’s intake and outfall facilities for the desalination process.
Dredging is required to remove the flood-tide shoal and maintain the intake water flow for the Carlsbad Desalination
Plant. Dredging has typically been conducted every 2 to 3 years, with the most recent events occurring in 2018 and
2021. Since 1999, dredged material from the Lagoon has been placed on nearby Carlsbad State Beaches. Similar to
past operations, dredged material will be characterized to determine suitability for beach nourishment at the
adjacent North, Middle, and South Carlsbad State Beaches. The amount of sand placed on each of the receiver
beaches will be determined based on existing and historical beach widths and profiles, the consideration of
recreational use of each beach, and the avoidance of impacts to sensitive hard bottom habitat. Maintenance
dredging using a hydraulic dredge is planned in the Outer Basin to a design depth of -22 feet mean lower low water
plus 2 feet of overdredge allowance. The total volume of material proposed for dredging is estimated to be 451,400
cubic yards (cy), consisting of 392,400 cy above design depth and 59,000 cy of allowable overdredge. The staging
area would be located at the Tamarack parking lot and the project would use the following equipment: dredger,
barge, tugboat, discharge pipe, float line, work skiffs, front end loader, forklift, and dozer. The project is anticipated
to include the following phases: (1) Mobilization, (2) Middle Beach Replenishment, (3) South Beach Replenishment,
and (4) North Beach Replenishment and (5) Demobilization. The overall construction schedule anticipates
approximately 110 days of construction.
The project is located within the Agua Hedionda Segment of the city’s Local Coastal Program, where the California
Coastal Commission retains coastal development permitting authority. The applicant will need to obtain a Coastal
Development Permit from the Coastal Commission after the permitting process has concluded with the city. The
project site has a General Plan designation of Open Space (OS) and a zoning designation of Open Space (OS).
Name of Public Agency Approving Project: City of Carlsbad
Name of Person or Agency Carrying Out Project: Channelside Water Resources LP
Name of Applicant: Paul Rajmaira
Applicant’s Address: 4590 Carlsbad Boulevard, Carlsbad, CA 92008
Applicant’s Telephone Number: 832-488-8298
Name of Applicant/Identity of person undertaking the project (if different from the applicant above): AnchorQEA
-Blair Jenet - 9700 Research Drive, Irvine, CA 92618 - 703-408-3413
Exempt Status: (Check One)
Ministerial (Section 21080(b)(1); 15268);
Declared Emergency (Section 21080(b)(3); 15269(a));
Emergency Project (Section 21080(b)(4); 15269 (b)(c));
Exhibit 5
Nov. 20, 2024 Item #1 61 of 82
□ □
□
Revised 07/21
Categorical Exemption - State type and section number: Class 1, 15304(g) – Minor Alterations to Land
Statutory Exemptions - State code number:
Common Sense Exemption (Section 15061(b)(3))
Reasons why project is exempt: The California Environmental Quality Act ("CEQA"), and its implementing
regulations ("CEQA Guidelines"), adopted by the Secretary of the California Natural Resources Agency, list classes of
projects that have been determined not to have a significant effect on the environment and as a result are exempt
from further environmental review under CEQA. City staff completed a review of the Project and its potential
environmental impacts pursuant to CEQA and concluded that the Project qualified for an exemption pursuant to
CEQA Guidelines section 15304(g) – Minor Alterations to Land.
CEQA Guidelines Section 15304 is a Class 4 exemption for existing facilities. It includes subsection (g), which states
“maintenance dredging where the spoil is deposited in an area authorized by all applicable state and federal
regulatory agencies.” Dredging of the lagoon and deposition of spoil nearby has occurred regularly for over 60 years
and is vital to maintain water flow to both past and present critical infrastructure.
City approval of the Project is conditioned upon the applicant complying with all federal, state, and local regulations.
Besides the city, this requires the Project applicant to obtain approval, permits, and clearances as necessary from
the Army Corps of Engineers, United States Fish and Wildlife Service, the California Coastal Commission and the
California State Lands Commission before the Project may initiate.
Exceptions to the Use of Categorical Exemptions:
Planning staff evaluated all the potential exceptions to the use of Categorical Exemptions for the proposed Project
(in accordance with CEQA Guidelines Section 15300.2) and determined that none of these exemptions apply as
explained below:
•Cumulative Impact - "All exemptions for these classes are inapplicable when the cumulative impact of
successive projects of the same type in the same place, over time, is significant.” The Project does not havethe potential to have significant impacts due to cumulative impacts from successive dredge cycles.
Maintenance dredging of the lagoon has been occurring on a bi-annual basis for over 60 years as it is
required to maintain the structure of the lagoon to previously provide a reliable source of cooling water for
the former Encina Power Station and currently provide a reliable source of supply water for the Carlsbad
Desalination Plant. Construction of the power station and accompanying lagoon dredging in the early 1950s
created a littoral cell which causes the disturbance of sediment movement and creates a self-contained
zone of erosion. Though the power station was retired in 2018 and subsequently demolished, the need for
regular lagoon dredging continues to ensure a water supply for the desalination plant. Due to the cyclical
deposition of sand into the lagoon caused by the littoral cell, dredging is necessary to return the eroded
sand onto the North, Middle, and South Beaches, which it originated from. Dredging the lagoon is arestorative process which reduces the impacts of erosion. The completion of successive dredges will not
have a significant effect because the project area’s health and structure are dependent on the completion
of periodic dredge cycles. Furthermore, before the Project commences, all necessary federal, state and local
approvals and permits must be obtained.
•Significant Effect - "A categorical exemption shall not be used for any activity where there is a reasonable
possibility that the activity will significantly affect the environment due to unusual circumstances. There are
no unusual circumstances related to the land within the Project footprint that would have a significant
impact. The Project area has been regularly dredged for more than 60 years and has been extensively
studied and monitored by state and federal agencies, reducing the likelihood that the project will encounter
unusual circumstances which may have significant impacts. A previous unusual circumstance which
occurred within the project area, the discovered presence of Caulerpa taxifolia within the Agua Hedionda
Lagoon, has been mitigated by the California Coastal Commission’s requirements to follow the Caulerpa
Control Protocol which requires the applicant perform a comprehensive survey prior to the start of dredging
activities. Federal legislation passed under the Noxious Weed Act has also limited the likelihood of
accidental contamination due to its prohibition of the interstate sale or transport of Caulerpa strains. The
Project is subject to obtaining all necessary state, federal and local approvals and permits before any
dredging may occur.
•Scenic Highway - "A categorical exemption shall not be used for a project which may result in damage to
scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar
resources, within a highway officially designated as a state scenic highway.” The Project does not have the
potential to disturb scenic resources within a state-designated scenic highway. While the Project is located
Nov. 20, 2024 Item #1 62 of 82
~ □ □
Revised 07/21
within a mile of California Interstate 5, the freeway segment the Project is located nearest to is not included
in the state’s list of designated State Scenic Highways as pursuant to Section 263 of the Government Code.
•Hazardous Waste Site - “A categorical exemption shall not be used for a project located on a site which is
included on any list compiled pursuant to Section 65962.5 of the Government Code.” The Project does not
have the potential to disturb hazardous waste sites. A review of available records did not identify any
hazardous waste sites within the project footprint which are included on any list compiled pursuant to
Section 659.62.4 of the Government Code.
•Historical Resources - "A categorical exemption shall not be used for a project which may cause a substantial
adverse change in the significance of a historical resource.” The Project does not have the potential to
disturb historical resources. A review of the National Register of Historical Places indicated that the projectfootprint does not include any parcels that have been designated as historic places, a determination
consistent with previous reviews conducted by certified district engineers of the Army Corps of Engineers.
Additionally, previous dredge cycles have not resulted in the discovery of cultural or historical resources,
therefore the discovery of new resources is highly unlikely. Continued compliance with all state and federal
regulations is required for the proposed and any subsequent dredging cycles.
Planning staff also evaluated the two potential exceptions to the use of Categorical Exemptions as defined by Section
19.04.070 B. of the Carlsbad Municipal Code and determined that neither applies as explained below:
•“Grading and clearing activities affecting sensitive plant or animal habitats which disturb, fragment, or
remove such areas as defined by either the California Endangered Species Act (Fish and Game Code Sections
2050 et seq.), or the Federal Endangered Species Act (16 U.S.C. Section 15131 et seq.); sensitive. rare,
candidate species of special concern; endangered or threatened biological species or their habitat(specifically including sage scrub habitat for the California Gnatcatcher); or archaeological or cultural
resources from either historic or prehistoric periods."
•"Parcel maps, plot plans, and all discretionary development projects otherwise exempt but which affect
sensitive, threatened or endangered biological species or their habitat (as defined above), archaeological
or cultural resources from either historic or prehistoric periods, wetlands, stream courses designated on
U.S. Geological Survey maps, hazardous materials, unstable soils or other factors requiring special review,
on all or a portion of the site."
The Project will not create significant impacts for the aforementioned species or cultural or historical resources.
While the Agua Hedionda Lagoon hosts a number of sensitive plant and animal species, the project area and previous
dredging have been extensively studied, monitored, and conditioned by state and federal agencies, reducing the
likelihood that the scope of work will negatively impact these species. The Project is conditioned to comply with
state and federal requirements.
The impacts to Zostera marina, known as eelgrass, are mitigated by the applicant’s adherence to the California
Eelgrass Mitigation Policy and completion of eelgrass surveys conducted by the Army Corps of Engineers which
surveyed the location and growth of eelgrass within the lagoon. The identified dredge footprint of the Project was
designed respondent to the results of the survey.
The impacts to the Sternula antillarum browni, known as the California least tern, are mitigated by the Project’s
required compliance with state and federal requirements to conclude dredging prior to April 15 in observance of the
tern’s breeding season. However, surveys conducted by the U.S. Fish and Wildlife Service (USFWS) detailed in the
agency’s 2020 publication of the 5-year species review indicate that there have been no observed pairs of terns
nesting in the outer lagoon in recent history, so the restriction is included as a project design feature to eliminate
any potential conflicts. The outer lagoon is the portion of Agua Hedionda Lagoon where dredging has continuously
occurred in the past and where it is proposed.
The impacts to the Leuresthes tenuis, known as grunions, are mitigated by the California Coastal Commission’s pre-
dredge survey requirements which require a biologist to closely monitor for spawning activity prior to and during
the dredge cycle. Monitoring reports conduced for previous dredge cycles did not indicate project interference with
grunion runs. Additionally, the Project’s state and federal requirements to conclude prior to April 15 coincides with
the California Department of Fish and Wildlife’s designated closed observation grunion run schedule.
No cultural or historical resources have been discovered or disturbed during previous dredge cycles. Therefore, it is
highly unlikely that the dredging will uncover new resources.
Nov. 20, 2024 Item #1 63 of 82
Revised 07/21
For the reasons stated above, the action is categorically exempt from CEQA under CEQA Guidelines Section
15304(g).
Lead Agency Contact Person: Nicole Morrow, Assistant Planner Telephone: (442) 339-5438
ERIC LARDY, City Planner Date
Nov. 20, 2024 Item #1 64 of 82
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Nov. 20, 2024 Item #1 66 of 82
Appnu.lm.11' Placement Approximate Placement Quantity R.N:eh'erSite Quantity (with 1024 APtJrolim.:ue Sc!K!dule bathvmdric condilion1) (with 20•/4 C.-.ntingenc,)
NorthHeaclr 150,000 cy (37.5%) 150,000cv (33.3%) J~m......,to.MardJ.2025
Northlnlec JettytoMaplcAvmue 94.500 c:y 94.SOOcy -
Ma leAvenue(C)PineAvenue 55 OOr.v 55,500cy -
MiddleBeach3 IJ9,000cy(34.S%) 166,800cy_~) November to Dooember 2024
South Bcac:b3 l l l,OOOcy(28.0"/4) 133,200cy(29.6%) Man:htoApril 15,2025
Total 400,000'cy 450,00<Pcy -
'f/M.,.uJ.Lg__ Land UR! 51..-nmary Table
Prrw>rtAddrru
4600 Carlsbad Boulevard Carlsbad, California 92008
APNs and lonnl 'lo<rnnt<ons
210-010---45-00: TR 823 LOT Wf'AR 3 f'ER DOC0l-0789067
760-252-03-00; PUBLIC LAND LOT WLEASE IN 5.55 ACML!c_lli MAP 823 IN
210-010-13-00: TR 823 LOT H•POR•
204-310-01-00: TR 1681 TCT B•POR MAP 203&TCT A&
760-166-58-00: PUBLIC LAND TCT e•LEASE IN POR MAP 203&TCT A& -760-252-08-00: PUBLIC LAND CARLSBAD STATE 8EACH"CONCESSION CONTRACT VAR STATE BEACHES & IN
210-010--49-00: TR823 LOT H•CEX D09-5979-45&EXH A f'ER 17-2393-49lPAR4 f'ER D0l-769068 IN
Existina General Plan land use desianotion and zonina
General Plan: Open Scace (OS); zonlna desianation: Ooen Soare (OS). I SiteAaeoge
186Acres
Cubic Yards of Dredging
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Nov. 20, 2024 Item #1 74 of 82
Appnu.lm.11' Placement Approximate Placement Quantity R.N:eh'erSite Quantity (with 1024 APtJrolim.:ue Sc!K!dule bathvmdric condilion1) (with 20•/4 C.-.ntingenc,)
NorthHeaclr 150,000 cy (37.5%) 150,000cv (33.3%) J~m......,to.MardJ.2025
Northlnlec JettytoMaplcAvmue 94.500 c:y 94.SOOcy -
Ma leAvenue(C)PineAvenue 55 OOr.v 55,500cy -
MiddleBeach3 IJ9,000cy(34.S%) 166,800cy_~) November to Dooember 2024
South Bcac:b3 l l l,OOOcy(28.0"/4) 133,200cy(29.6%) Man:htoApril 15,2025
Total 400,000'cy 450,00<Pcy -
'f/M.,.uJ.Lg__ Land UR! 51..-nmary Table
Prrw>rtAddrru
4600 Carlsbad Boulevard Carlsbad, California 92008
APNs and lonnl 'lo<rnnt<ons
210-010---45-00: TR 823 LOT Wf'AR 3 f'ER DOC0l-0789067
760-252-03-00; PUBLIC LAND LOT WLEASE IN 5.55 ACML!c_lli MAP 823 IN
210-010-13-00: TR 823 LOT H•POR•
204-310-01-00: TR 1681 TCT B•POR MAP 203&TCT A&
760-166-58-00: PUBLIC LAND TCT e•LEASE IN POR MAP 203&TCT A& -760-252-08-00: PUBLIC LAND CARLSBAD STATE 8EACH"CONCESSION CONTRACT VAR STATE BEACHES & IN
210-010--49-00: TR823 LOT H•CEX D09-5979-45&EXH A f'ER 17-2393-49lPAR4 f'ER D0l-769068 IN
Existina General Plan land use desianotion and zonina
General Plan: Open Scace (OS); zonlna desianation: Ooen Soare (OS). I SiteAaeoge
186Acres
Cubic Yards of Dredging
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Nov. 20, 2024 Item #1 80 of 82
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Exhibit 7
Full Size Project Exhibits “A” through “H” dated November 20, 2024
(on file in the Planning Division)
Nov. 20, 2024 Item #1 81 of 82
LIST OF ACRONYMS AND ABBREVIATIONS Exhibit 8
This is a list of acronyms and abbreviations (in alphabetical order) that are commonly used in staff
reports.
Acronym Description Acronym Description
APA American Planning Association LCPA Local Coastal Program Amendment
APN Assessor Parcel Number LOS Level of Service
AQMD Air Quality Management District MND Mitigated Negative Declaration
BMP Best Management Practice NCTD North County Transit District
CALTRANS California Department of Transportation ND Negative Declaration
CC City Council PC Planning Commission
CCR Conditions, Covenants and Restrictions PDP Planned Development Permit
CEQA California Environmental Quality Act PEIR Program Environmental Impact Report
CFD Community Facilities District PUD Planned Unit Development
CIP Capital Improvement Program ROW Right of Way
COA Conditions of Approval RWQCB Regional Water Quality Control Board
CofO Certificate of Occupancy SANDAG San Diego Association of Governments
CT Tentative Parcel Map SDP Site Development Plan
CUP Conditional Use Permit SP Specific Plan
DIF Development Impact Fee SWPPP Storm Water Pollution Prevention Program
DISTRICT City Council Member District Number TM Tentative Map
EIR Environmental Impact Report VBMP Village & Barrio Master Plan
EIS Environmental Impact Statement (federal) ZC Zone Change
EPA Environmental Protection Agency
FEMA Federal Emergency Management Agency
GP General Plan
GPA General Plan Amendment
GIS Geographic Information Systems
HCA Housing Crisis Act 2019
IS Initial Study
Nov. 20, 2024 Item #1 82 of 82
Agua Hedionda Outer Lagoon
Maintenance Dredging
Nicole Morrow, Assistant Planner
Community Development
November 20, 2024
{Cityof
Carlsbad
2
•History & Location
•Project Overview
•Consistency & Findings
•Outreach
•Interagency Permitting
•Recommendation
ITEM 1: LAGOON MAINTENANCE DREDGING
TODAY’S PRESENTATION
C cityof
Carlsbad
3
1954
1954
Construction of
Encina Power Station
2015
Claude “Bud” Lewis
Carlsbad Desalinization
Plant activation
2017
Planning Commission
approved most recent SUP
2021
Most recent dredge;
2017 SUP expired
HISTORY & LOCATION
ITEM 1: LAGOON MAINTENANCE DREDGING
2022
Demolition of the
Encina Power Station
2018
Encina Power Station
retired
2024
City issued dredge permits
4
HISTORY & LOCATION
ITEM 1: LAGOON MAINTENANCE DREDGING
North Beach Placement Area
Middle Beach Placement Area
South Beach Placement Area
Outer Lagoon Basin
Legend
Dredge Footprint
Sand Deposition Sites
NTS
El
5
PROJECT OVERVIEW
392,400 cy of dredge material
+ 59,000 cy of overdredge
≤ 451,400 cy of removed material
The dredged material will be tested for
contaminants and compatibility with the sand
at the deposition beach sites.
ITEM 1: LAGOON MAINTENANCE DREDGING
6
PROJECT OVERVIEW
Approximately 110 days of work consisting of:
1.Mobilization
2.Middle Beach Replenishment
3.South Beach Replenishment
4.North Beach Replenishment
5.Demobilization
Work is projected to begin as early as January
2025 and be complete by April 15, 2025
ITEM 1: LAGOON MAINTENANCE DREDGING
72021 DREDGE CYCLE – FEBRUARY 23, 2021
ITEM 1: LAGOON MAINTENANCE DREDGING
PROJECT OVERVIEW - OPERATIONS
8
CONSISTENCY & FINDINGS
Project determined to be consistent with:
•General Plan
•Municipal Code (Title 21 – Zoning Ordinance)
•Local Coastal Program
•Habitat Management Program
Topics regulated by a SUP Floodplain Permit:
•Site maintains flood capacity and is safe from flooding
•Project does not create additional flood hazards
•Project is consistent with state and federal regulations
ITEM 1: LAGOON MAINTENANCE DREDGING
9
ITEM 1: LAGOON MAINTENANCE DREDGING
OUTREACH
Project sign located alongside the
northbound lane of Carlsbad Boulevard
Public Engagement Opportunities:
•September 6, 2024
600+ Early Public Notices mailed
•October 7, 2024
CEQA Determination of Exemption posted
•November 7, 2024
600+ public hearing notices mailed
•November 8, 2024
Public hearing newspaper advertisements ran in
the San Diego Union Tribune and Coast News
Commission Engagement:
Presented to the Beach Preservation Commission at
the June 4 and October 1, 2024 hearings.
Interagency Permits and Oversight:
•City of Carlsbad
Special Use Permit – Floodplain (5-year)
CEQA Determination
•United States Army Corps of Engineers
Section 404 – Clean Water Act Permit
Section 10 – Rivers and Harbors Act Permit Amendment
•California Coastal Commission
Coastal Development Permit Amendment
•California Department of Parks and Recreation
Right of Entry Permit
•State Lands Commission
Land Lease Agreement
•Regional Water Quality Control Board
Section 401 – Water Quality Certification Amendment 10
ITEM 1: LAGOON MAINTENANCE DREDGING
INTERAGENCY PERMITTING
11
ENVIRONMENTAL STATEMENT
The City Planner has determined that the
project is exempt from CEQA under Section
15304(g) of the state government code which
exempts maintenance dredging where the spoil
is deposited in a spoil area authorized by all
applicable state and federal regulatory
agencies.
ITEM 1: LAGOON MAINTENANCE DREDGING
12
RECOMMENDED ACTION
ITEM 1: LAGOON MAINTENANCE DREDGING
ADOPT the Resolution APPROVING:
•SUP 2024-0006 - Floodplain
Agua Hedionda Outer Lagoon
Maintenance Dredging
Nicole Morrow, Assistant Planner
Community Development
November 20, 2024
{Cityof
Carlsbad