HomeMy WebLinkAboutSUP 06-10x1; Agua Hedionda Outer Lagoon Maintenance; Special Use Permit (SUP)
The City of Carlsbad Planning Division
A REPORT TO THE PLANNING COMMISSION
Item No.
Application complete date: June 20, 2012
P.C. AGENDA OF: August 1, 2012 Project Planner: Pam Drew
Project Engineer: Steve Jantz
SUBJECT: SUP 06-10X1 AGUA HEDIONDA OUTER LAGOON MAINTENANCE –
Request for a retroactive five year extension of a Floodplain Special Use Permit
to allow periodic maintenance dredging of the Agua Hedionda Outer Lagoon, and
the placement of dredged sand on Carlsbad beaches in Local Facilities
Management Zone 1.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 6904
APPROVING a retroactive five year extension of SUP 06-10, based upon the findings and
subject to the conditions contained therein.
II. INTRODUCTION
The applicant, Cabrillo Power I LLC, filed for an extension in a timely manner, October 14,
2011, and is requesting a retroactive five year extension of Floodplain Special Use Permit (SUP
06-10) to allow for the continued: 1) periodic maintenance dredging of up to 500,000 cubic yards
in any single event at the Agua Hedionda Outer Lagoon, and 2) placement of the dredged sand
on Carlsbad beaches. The outer lagoon is that portion of the lagoon adjacent to the ocean
between Carlsbad Boulevard and the railroad track trestles, including the ocean water intake
channel between the northerly set of jetties. The periodic dredging is necessary to ensure that an
adequate supply of cooling ocean water is available for the operation of the Encina Power Plant.
The next dredging would occur between September 15, 2013 and April 15, 2014, before the
beginning of the summer season, consistent with previous permits.
The project is consistent with the City’s General Plan, as well as all other applicable plans and
regulations, and can be supported.
III. PROJECT DESCRIPTION AND BACKGROUND
Background
Dredging operations in the lagoon have been conducted routinely since 1954 – the year SDG&E
built the lagoon and constructed the Encina Power Station facility. The dredging is performed to
remove sediment transported into the lagoon through the existing inlet jetty. The dredging
allows for the maintenance of the prism design required to provide the Encina Power Station
with an adequate volume of seawater for cooling purposes. Dredging of the lagoon has occurred
in the past under previously issued City permits (SUP 92-04, SUP 01-02 and SUP 06-10). The
dredging operation has historically consisted of removing varying amounts of sand from the
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SUP 06-10X1 - AGUA HEDIONDA OUTER LAGOON MAINTENANCE
AUGUST 1, 2012
PAGE 2
intake channel and the outer lagoon, performed at varying frequencies, and the placement of
dredged sand on the beach to the north and south of the inlet.
The last dredging of the outer lagoon was completed in April 2011, which resulted in the
removal of 226,026 cubic yards of sand. The entire Agua Hedionda Lagoon is located within the
Agua Hedionda segment of the City’s Local Coastal Program, where the California Coastal
Commission has retained coastal development permitting authority. That dredging activity was
authorized by the California Coastal Commission in August of 2004 under CDP 6-04-054.
The California Coastal Commission conditionally approved the project consisting of: 1) a single
event dredge of up to 500,000 cubic yards of sand from the outer lagoon bottom and intake
channel; and 2) the placement of that sand on Carlsbad beaches in a manner consistent with the
recommendations of a study regarding beach sand transport. The report, entitled “Study of
Sediment Transport Conditions in the Vicinity of the Agua Hedionda Lagoon” (October 1999),
was prepared by an independent Coastal Engineer in response to a prior California Coastal
Commission requirement of the Encina Power Plant owner. The study looked at average
historical sedimentation rates and conditions in and around the lagoon and the adjacent beaches.
The study concluded, based on a variety of scientific and public benefit considerations, that 30%
of the dredged sand be placed on North Beach (i.e. the portion of Carlsbad Beach between Oak
and Cherry Streets); and the remaining 70% be divided between Middle Beach (between the
intake, northerly jetties and the outfall, southerly jetties) and South Beach (south of the outfall
jetties). This is consistent with past practices.
Project Description
The current proposal is a request for a retroactive five year extension, multiple event permit to
dredge up to 500,000 cubic yards in any single event within the existing dredge limits, and to
place the dredged sand on the North, Middle, and South Carlsbad beaches adjacent to Agua
Hedionda Outer Lagoon. Consistent with the prior city issued permits, and given the
unpredictability of beach sand movement and accumulation resulting from El Nino weather
patterns, staff recommends the term of the permit be for five years. Also, because of the
previously mentioned circumstances, a specific sand quantity to be dredged cannot be identified
since historically the average daily sand influx rate is calculated at 400+ cubic yards per day, but
can range up to 800+ cubic yards per day based on background conditions and storm and wave
energies. Specific quantities will be evaluated in conjunction with specific dredge event requests
by the other permitting agencies, the City Planner and the city’s Beach Preservation Committee
(BPC).
The dredged material (slurry) would be pumped through a floating 20-inch diameter pipeline.
For delivery of dredged material to the North Beach, the pipe would float on the lagoon, under
the Carlsbad Boulevard Bridge, and would connect to above ground, temporary pipes, which
would be placed along the beach. For South Beach disposal, the pipe would float on the outer
lagoon and connect to existing underground piping under Carlsbad Boulevard. The pipes would
be extended along the surface of Carlsbad State Beach to reach the south side of the Encina
Power Station discharge jetty. Temporary dikes and berms would be used to dewater the slurry.
Bulldozers and front-end loaders would then be used to spread the sand on the beach.
Equipment and material staging would occur on the north and west shores of the outer lagoon
along the shore.
SUP 06-10X1 - AGUA HEDIONDA OUTER LAGOON MAINTENANCE
AUGUST 1, 2012
PAGE 3
IV. ANALYSIS
A. The periodic maintenance dredging and sand placement on the beach continues to be
consistent with all applicable plans, policies and regulations described below:
1. City of Carlsbad General Plan and Open Space Zone (Chapter 21.33);
2. Floodplain Management Regulations (Chapter 21.110) and Special Use Permit
Procedures (Section 21.110.130);
3. Local Coastal Program and Coastal Resource Protection Overlay Zone (Chapter
21.203).
B. The adopted project findings for SUP 06-10, which are contained in Planning
Commission Resolution No. 6181, still apply to this project (SUP 06-10x1) with the
exception of Finding No. 1 and 4, in regard to the trail improvements along the north
shore of the outer lagoon, which has been constructed.
C. The adopted project conditions for SUP 06-10, which are contained in Planning
Commission Resolution No. 6181 still apply to this project (SUP 06-10x1) with the
exception of Condition No. 9 and 10 which have been satisfied, and Condition No. 11
which is replaced by Condition No. 3 in Planning Commission Resolution No. 6904 to
retroactively extend SUP 06-10 for 5 years from October 18, 2011 through October 18,
2016.
V. ENVIRONMENTAL REVIEW
Pursuant to Section 15304 of the California Environmental Quality Act (CEQA) Guidelines, the
project is categorically exempt from the provisions of CEQA. Section 15304(g) specifically
exempts “maintenance dredging where the spoil is deposited in a spoil area authorized by all
applicable state and federal regulatory agencies.”
ATTACHMENTS:
1. Planning Commission Resolution No. 6904
2. Location Map
3. Planning Commission Resolution No. 6181, dated October 18, 2006
4. Disclosure Form
5. Background Data Sheet
6. Reduced Exhibits
7. Exhibits “A” – “E” dated August 1, 2012
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AGUA HEDONDAOUTER LAGOON MAINTENANCE
SITE MAP
SITE
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1 PLANNING COMMISSION RESOLUTION NO. 6181
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
FLOODPLAIN SPECIAL USE PERMIT TO ALLOW PERIODIC
4 MAINTENANCE DREDGING OF THE AGUA HEDIONDA
5 OUTER LAGOON AND THE PLACEMENT OF DREDGED
SAND ON CARLSBAD BEACHES IN LOCAL FACILITIES
6 MANAGEMENT ZONE 1.
CASE NAME: AGUA HEDIONDA OUTER LAGOON
7 MAINTENANCE
CASE NO: SUP 06-10
o
9 WHEREAS, Cabrillo Power I LLC, "Developer/Owner," has filed a verified
10 application with the City of Carlsbad regarding property described as
11 Portions of Lot "H" of Rancho Agua Hedionda, according to
12 partition Map No. 823, filed November 16,1896
13 ('the Property"); and
14 WHEREAS, said verified application constitutes a request for a Floodplain
15 Special Use Permit as shown on Exhibits "A" - "G" dated October 18, 2006, on file in the
16
Planning Department, AGUA HEDIONDA OUTER LAGOON MAINTENANCE -
17
SUP 06-10, as provided by Chapter 21.110 of the Carlsbad Municipal Code; and18
19 WHEREAS, the Planning Commission did on the 18th day of October, 2006,
20 hold a duly noticed public hearing as prescribed by law to consider said request; and
21 WHEREAS, at said public hearing, upon hearing and considering all testimony
22 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
23
relating to the Floodplain Special Use Permit.
24
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
jL^J
26 Commission of the City of Carlsbad as follows:
27 A) That the foregoing recitations are true and correct.
28 B) That based on the evidence presented at the public hearing, the Commission
APPROVES AGUA HEDIONDA OUTER LAGOON MAINTENANCE -
SUP 06-10, based on the following findings and subject to the following
2 conditions:
3 Findings:
The project is consistent with the Parks and Recreation Element (i.e., Goals, Objectives,
r and Policies B.6 and C.I 1) of the General Plan in that the placement of dredged sand
on the beach, and the construction of trail improvements along the north shore of
6 the outer lagoon, will enhance public recreation opportunities by increasing the size
(i.e., square footage area) of useable public beach and by formalizing a public trail
7 along the north shore of the outer lagoon.
2. The project is consistent with the Open Space and Conservation Element (i.e., Goals,
9 Objectives, and Policies A.I, A.2, A.3, and A.4) of the General Plan in that dredging the
outer lagoon and the intake channel, in particular, will allow for the continued flow
10 of fresh, nutrient-rich ocean waters into the lagoon, thereby maintaining/improving
the overall health of the lagoon, and 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.
13
3. The project is consistent with the Public Safety Element (Goal A) of the General Plan in
that the placement of dredged sand on the beach will increase beach width, which
. c 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.
16
4. The project is an allowable activity/use in the Open Space Zone and complies with all its
17 standards in that the dredge activity, placement of sand on the beach, and trail
improvements along the north shore of the outer lagoon will maintain/improve the
overall health of the lagoon by a) dredging the intake channel and ensuring the
19 continued flow of fresh, nutrient-rich ocean waters into the lagoon; b) enhancing the
quality of the beach by placing dredged sand on the beach, thereby assisting in the
20 buildup of a deteriorating beach profile; and c) formalizing public access to open
space areas through installation of trail improvements.
21
»- 5. The proposed lagoon dredge will not create a hazard or adversely impact development, or
adjacent and upstream properties and structures; and the cumulative effect of this project
23 and the adjacent approved projects will not significantly raise the level of the 100-year
floodplain (base flood elevation) in that the dredge activity will increase the physical
24 capacity of the lagoon and, therefore, the ability of the lagoon to accommodate flood
waters.
26 Conditions;
27 1. 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
PCRESONO. 6181 -2-
future building permits; deny, revoke, or further condition all certificates of occupancy
2 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
3 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.
4
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Special Use Permit documents, as necessary to make them
6 internally consistent and in conformity with the final action on the project. Development
shall occur substantially as shown on the approved Exhibits. Any proposed development
7 different from this approval shall require an amendment to this approval.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
9 regulations in effect at the time of building permit issuance.
10 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
12 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
13 all requirements of law.
5. 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
16 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
17 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
19 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
20 concluded and continues even if the City's approval is not validated.
6. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of
~~ the Site Plan reflecting the conditions approved by the final decision making body.
23 7. 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
24 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
26 approval will not be consistent with the General Plan and shall become void.
27 8. Prior to the issuance of the Special Use Permit, 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
Planning Director, notifying all interested parties and successors in interest that the City
PCRESONO. 6181 -3-
of Carlsbad has issued a Special Use Permit by Resolution No. 6181 on the property.
2 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
3 conditions or restrictions specified for inclusion in the Notice of Restriction. The
Planning Director 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.
9. Prior to the start of the dredging project, the Developer shall pay to the City a Trail Plan
Check fee and inspection fee in accordance with the current city fee schedule.
7
10. Prior to initiating dredging operations, Developer shall execute a City standard
° Development Improvement Agreement to install and secure with appropriate security as
n provided by law public trail improvements including trail signage along the north shore of
Agua Hedionda Lagoon from Carlsbad Boulevard to the North County Transit District
10 Railroad right-of-way to City Standards and to the satisfaction of the City Engineer. This
condition is contingent upon the City of Carlsbad or other public agency or approved
environmental conservancy group accepting on behalf of the public the public trail
easement offered for dedication pursuant to prior coastal development permit number
6-93-113 approved by the California Coastal Commission on February 17, 1994.
13 11. This permit authorizes the dredging operation for a period of five (5) years from the
14 date of the Planning Commission approval of this permit. Prior to the permit
expiration date, an extension request shall be submitted for consideration by the
Planning Commission or a new permit will be required. The Planning Commission
will determine whether it is appropriate to extend the permit request and for what
period of time.
17 „ . .Engineering:
18
12. The City shall reserve the authority to review and approve the timing of the
19 dredging operation consistent with the time limits outlined in other agency permits.
The City's review and approval shall not be unreasonably withheld.
13. At least three (3) months prior to any dredging activity, the applicant shall provide
written notice to the City Engineer of such activity. The request shall include the
22 following:
23 a. The applicant 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 deposition of sand, the anticipated beginning dates for the
26 deposition on north, middle, and south beaches, and contact information
including phone numbers of personnel responsible for the dredging activity.
27
b. 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.
PCRESONO. 6181 -4-
This could include such practices as creating a dike parallel to the shoreline to
2 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
3 the maximum amount of sand is placed for beach building.
4 c. The applicant shall provide the City Engineer a plan for interim pedestrian
<- circulation control, to include public information signage describing the project.
6 14. Upon receipt of handwritten notice from the applicant, the City Engineer shall
forward this notice to the Carlsbad Beach Preservation Committee (BPC). The BPC
7 shall review this notice to ensure the ultimate location for the deposition of the
dredged sand is consistent with the recommendations contained in the study of
Sediment Transport Condition in the vicinity of the Agua Hedionda Lagoon
9 (December 30, 1998), which states 30% of the dredged sand shall be placed on
"North Beach" (as identified in the study) and the remaining sand be placed on
10 "Middle and South Beaches." This requirement represents the minimum amount of
sand to be placed on North Beach and does not preclude the placement of any
amount of sand more than 30% on North Beach as mutually agreed upon by the
, 2 City and the applicant. The limit of sand deposition analysis area begins at the
northerly city limit and extends a similar distance south of the outlet jetty.
13
15. The applicant shall provide copies of current and pending resource agency permits
prior to the request to conduct maintenance dredging.
Code Reminders:
16
16. Approval of this request shall not excuse compliance with all applicable sections of the
17 Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.18
17. Any signs proposed for this development shall at a minimum be designed in conformance
with the City's Sign Ordinance and shall require review and approval of the Planning
20 Director prior to installation of such signs.
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PCRESONO. 6181 -5-
1 NOTICE
2
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
4 "fees/exactions."
5 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
g annul their imposition.
9 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
12 expired.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning
< 4 Commission of the City of Carlsbad, California, held on the 18th day of October, 2006, by the
15 following vote, to wit:
16 AYES: Chairperson Montgomery, Commissioners Baker, Cardosa,
Dominguez, Heineman, Segall, and Whitton
18 NOES:
19 ABSENT:
20 ABSTAIN:
21
22
23 MARTIAL B. MONT^OMER^Whairperson
CARLSBAD PLANNING COMMISSION24
25 ATTEST:
26"
27
2g DON NEU
Assistant Planning Director
PCRESONO. 6181 -6-
Revised 01/06
BACKGROUND DATA SHEET
CASE NO: SUP 06-10X1
CASE NAME: AGUA HEDIONDA OUTER LAGOON MAINTENANCE
APPLICANT: CABRILLO POWER I, LLC
REQUEST AND LOCATION: A request for a retroactive five year extension of a Flood Plain
Special Use Permit to allow periodic maintenance dredging of the Agua Hedionda Outer Lagoon
and to place the dredged sand on adjacent beaches in three locations.
LEGAL DESCRIPTION: Portions of Lot “H” of Rancho Agua Hedionda, according to
partition Map No. 823, filed November 16, 1896.
APN: 210-010-43 Acres: N/A Proposed No. of Lots/Units: N/A
GENERAL PLAN AND ZONING
Existing Land Use Designation: Open Space (OS)
Proposed Land Use Designation: N/A
Density Allowed: N/A Density Proposed: N/A
Existing Zone: Open Space (OS) Proposed Zone: N/A
Surrounding Zoning, General Plan and Land Use:
Zoning General Plan Current Land Use
Site OS OS Agua Hedionda Lagoon
North PU, RA 10,000 RH, RM & RMH Undeveloped, Hubbs
Seaworld research facility &
residential
South P-U U Encina Power Plant
East OS and P-U OS & U Agua Hedionda Lagoon &
Encina Power Plant
West Arterial Roadway & OS Major Arterial & OS Carlsbad Boulevard & the
beach
LOCAL COASTAL PROGRAM
Coastal Zone: Yes No Local Coastal Program Segment: Agua Hedionda Lagoon
Within Appeal Jurisdiction: Yes No Coastal Development Permit: Yes* No
*Issued by the CCC
Local Coastal Program Amendment: Yes No
Existing LCP Land Use Designation: OS Proposed LCP Land Use Designation: N/A
Existing LCP Zone: OS Proposed LCP Zone: N/A
Revised 01/06
PUBLIC FACILITIES
School District: Carlsbad Water District: Carlsbad Sewer District: Carlsbad
Equivalent Dwelling Units (Sewer Capacity): N/A
ENVIRONMENTAL IMPACT ASSESSMENT
Categorical Exemption, Section 15304(g) – Maintenance dredging
Negative Declaration, issued
Certified Environmental Impact Report, dated
Other,
Encina
Power Station
Agua HediondaLagoon
Buena Vista Lagoon
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Location Map
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AGUA HEDIONDA INNER LAGOONBASIN
AGUA HEDIONDAOUTER LAGOONBASIN
AGUA HEDIONDA MIDDLE LAGOONBASINTAMARACK RD.Oak AvPine Av Grand Av G
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CABRILLO POWER I LLCENCINA POWER STATIONCARLSBAD, CALIFORNIA
TITLE SHEETAGUA HEDIONDA OUTER LAGOONMAINTENANCE
Drawn by:
Checked by:
Approved by:
Pati Gutierrez
Sheila Henika
Sheila Henika
Date:Scale:Application No.Sheet No.
As shown3/19/2012 SUP-06-10x1 1
¯
SITE
ENCINA POWER
STATION
DREDGE LIMITS
Vicinity Map
AGUA HEDIONDA OUTER LAGOONMAINTENANCE
CABRILLO POWER I LLC
ENCINA POWER STATION
MARCH 2012
CITY OF CARLSBAD SPECIAL USE PERMIT
RENEWAL APPLICATION 06-10
¯
P a c i f i c O c e a n
0 1,000 2,000500 Feet
P a c i f i c O c e a n
0 2,600 5,2001,300 Feet
Coordinate System: NAD 1983 StatePlane California VI FIPS 0406 Feet
Projection: Lambert Conformal Conic
Datum: North American 1983
List of Drawings
Title Sheet Sheet 1
Outer Lagoon Sheet 2
North Beach Sheet 3
Middle Beach Sheet 4
South Beach Sheet 5
Rev. A
Updated Titles
Pati Gutierrez
Drawn by:
Approved by:
Sheila Henika
Date:
7/16/2012