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HomeMy WebLinkAbout2006-05-17; Planning Commission; Resolution 60691 PLANNING COMMISSION RESOLUTION NO. 6069 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT TO ESTABLISH A 4 5-YEAR PROGRAM THAT WOULD ALLOW FOR THE , PLACEMENT OF UP TO 150,000 CUBIC YARDS (CY) PER YEAR OF OPPORTUNISTIC BEACH FILL (SAND) ALONG 6 THE ENCINAS BEACH PORTION OF THE SOUTH CARLSBAD STATE BEACH, LOCATED ON THE WEST SIDE 7 OF CARLSBAD BOULEVARD AND SOUTH OF PALOMAR AIRPORT ROAD, IN LOCAL FACILITIES MANAGEMENT 8 ZONE 22. 9 CASE NAME: CARLSBAD OPPORTUNISTIC BEACH FILL PROGRAM 10 CASE NO.: CDP 06-02 11 WHEREAS, City of Carlsbad, "Applicant," has filed a verified application 12 regarding property owned by California Department of Parks and Recreation, "Owner," 13 described as 14 A Parcel of land being Rancho Agua Hedionda portion of 14.22 15 acres in Lot H of Map 823, and in Section 20, Township 12S, I x- Range 4W, San Bernardino Meridian in the City of Carlsbad, County of San Diego, State of California, according to the 17 official plat 18 ("the Property"); and 19 WHEREAS, said verified application constitutes a request for a Coastal 20 Development Permit, as provided by Chapter 21.201 of the Carlsbad Municipal Code, and as 21 shown on Exhibit "A," dated May 17,2006, attached hereto; and 22 23 WHEREAS, the Planning Commission did on the 17th day of May 2006, hold a 24 duly noticed public hearing as prescribed by law to consider said request; and 25 WHEREAS, at said public hearing, upon hearing and considering all testimony ^)f\ZD and arguments, if any, analyzing the information submitted by staff, and considering any written 27 comments received, the Planning Commission considered all factors relating to CDP 06-02 - 28 CARLSBAD OPPORTUNISTIC BEACH FILL PROGRAM. 1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 2 Commission as follows: 3 A) That the foregoing recitations are true and correct.4 B) That based on the evidence presented at the public hearing, the Planning Commission hereby APPROVES CDP 06-02 - CARLSBAD 6 OPPORTUNISTIC BEACH FILL PROGRAM, based on the following findings and subject to the following conditions. 7 Findings;8 That the proposed beach fill project is in confbrmance with the Certified Local Coastal Program (LCP) and all applicable policies in that the project will help to reduce sand 10 erosion along the Oceanside Littoral Cell shoreline, which is consistent with Policy 4-1 (a) of the LCP Mello II Segment that states the City should pursue measures that address the causes and cures of beach shoreline erosion. 1 f\ 2. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that although the project will impact public access to the beach fill site during construction, the access restrictions would be limited and temporary, 14 and placement of sand on the beach is essential to ensuring the quality of the beach continues to satisfy the Coastal Act's public access and recreation policies. The placement of sand on the beach will enhance the opportunities for recreational use . of the site.16 , 7 3. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.03 of the Zoning Ordinance) in that the project will adhere to the lg City's drainage and water quality protection standards, including the Standard Urban Storm Water Mitigation Plan (SUSMP) to avoid increased urban runoff, 19 pollutants, and soil erosion. The project includes the construction of a temporary access ramp (from beach fill material) over the existing coastal slope (8- to 10-foot-high fill slope that elevates Carlsbad Boulevard above the level of the beach). The Geologic and Biological Reconnaissance (September 2, 2005) conducted for the project determined that construction of the ramp would not impact the stability of the existing slope, 22 and would actually have a buttressing effect that would provide temporary protection from high waves. As proposed and conditioned, the project will not impact coastal resources, and does not conflict with any requirement of the Coastal Resource Protection Overlay Zone. 25 Conditions: 26 1. If any of the following conditions fail to occur; or if they are, by their terms, to be 27 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, and deny or further condition issuance of all future permits. No vested rights are gained by Applicant or a successor in interest by the City's approval of this Coastal Development Permit. PC RESO NO. 6069 -2- 2. Staff is authorized and directed to make all corrections and modifications to the Coastal 7 Development Permit document(s) necessary to make them internally consistent and in conformity with final action on the project. Development shall occur substantially as 3 shown in the approved Exhibits. Any proposed development different from this approval shall require an amendment to this approval. 4 , 3. The applicant shall comply with all provisions of federal, state, and local laws and regulations applicable to the beach fill program. 6 4. The applicant shall ensure that each beach fill project complies with the provisions and 7 requirements specified in the Carlsbad Opportunistic Beach Fill Program, Exhibit "A," dated May 17,2006, attached hereto, and on file in the Planning Department.8 g 5. Construction operations during each beach fill project shall be sequenced to avoid heavy vehicle activity near the outer edge of the road embankment. The fill placement and 10 access ramp removal operation shall be monitored to avoid making notches or other cuts into the slope. Any minor impact to the road embankment that may unavoidably occur 11 shall be repaired (e.g., by recompacting the fill material). 12 6. Applicant shall exercise special care during the construction phase of each beach fill 13 project to prevent offsite siltation. Erosion control shall be provided in accordance with City Standards, including the City of Carlsbad Standard Urban Storm Water 14 Mitigation Plan Storm Water Standards (SUSMP) to the satisfaction of the City Engineer. 15 , , 7. This Coastal Development Permit is granted for a period of 5 years from May 17,2006, to May 17, 2011. This permit may be revoked at any time after a public hearing, if it is 17 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 18 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 2Q 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 21 is found, the extension shall be denied or granted with conditions that will eliminate or substantially reduce such effects. There is no limit to the number of extensions the 22 Planning Commission may grant. 23 8. This approval is granted subject to the adoption of the project Mitigated Negative 24 Declaration and Mitigation Monitoring and Reporting Program, and approval of SUP 04-13, and is subject to all conditions contained in Planning Commission 25 Resolutions No. 6067 and No. 6068 for those other approvals incorporated herein by reference.26 27 9. Prior to approval of any beach fill project processed pursuant to the Carlsbad Opportunistic Beach Fill Program, the Applicant shall apply for and obtain approval of 28 a Coastal Development Permit issued by the California Coastal Commission or its successor in interest, which substantially conforms to this approval. A signed copy of the PC RESO NO. 6069 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Coastal Development Permit must be submitted to the Planning Director. If the approval is substantially different, an amendment to SUP 04-13 and CDP 06-02 shall be required. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 17th day of May 2006, by the following vote, to wit: AYES: NOES: Chairperson Montgomery, Commissioners Baker, Cardosa, Dominguez, Segall, and Whitton ABSENT: Commissioner Heineman ABSTAIN: MARTELL B. MONTGOMERY, Mrperson CARLSBAD PLANNING COMMISSION DON NEU Assistant Planning Director PCRESONO. 6069 -4- Exhibit "A" CARLSBAD OPPORTUNISTIC BEACH FILL PROGRAM SUP 04-13/CDP 06-02 May 17,2006 A. General The project consists of establishing a program for the City of Carlsbad to pursue opportunities for obtaining suitable sand to place on South Carlsbad Beach for erosion control, recreational benefits, and restoration. The program is designed to place opportunistic beach fill on the City's beach to supplement on-going beach nourishment activities in the region. Opportunistic beach fill is material that becomes available as a surplus from construction projects and is therefore available at no or relatively low cost compared to costs of material used primarily for beach enhancement or nourishment. Examples of opportunistic beach fill are the by-products of excavation for upland development, transportation projects, wetland restoration, flood control projects, and harbor and channel dredging The purpose of the program is to: • Renourish the Oceanside Littoral Cell (a littoral cell is a reach of shoreline in which all sediment transport processes are related, and may contain several sand sources and sinks); • Provide on-going maintenance of the large-scale beach nourishment project in North County associated with regional beach-fill efforts; • Improve protection to coastal structures and enhance beach recreation opportunities in the City; and • Restore sandy beach habitat. The objective of the program is to capitalize on opportunities to obtain beach-quality sand from upland construction projects when it comes available by obtaining one permit from each permitting agency for an extended period of time (5 years) for beach placement, without having to reapply for individual permits for each placement operation. The sand material would be deposited at a specific location in South Carlsbad State Beach if it is determined to be beach-compatible, rather than having the applicant dispose of it at an inland site. The program would be monitored over time so that it may be modified, with agency consent, to maintain minimal environmental impacts while maximizing nourishment of the littoral cell. This program proposes similar criteria to those proposed for the Opportunistic Programs in the City of Oceanside, City of San Clemente, and the Beach Erosion Authority for Clean Oceans and Nourishment representing the Counties of Santa Barbara and Ventura. B. Project Location and Setting The project site, referred to as the "South Carlsbad receiver site", is located along the Encinas Beach portion of the South Carlsbad State Beach, as shown on Figures 1 and 2. The South Carlsbad receiver site is located west of Carlsbad Boulevard, south of Palomar Airport Road, and north of the mouth of the Encinas Creek. This beach is narrow and backed by an existing fill slope embankment of Carlsbad Boulevard. During the winter months, the beach consists of sand and cobbles. In the summer and fall, the sand moves from the offshore bar back onto the beach covering the cobbles. There is no development along this site, but the beach is public with a parking area located off of Carlsbad Boulevard, approximately 650 feet south of the mouth of Encinas Creek. Page 1 Carlsbad Opportunistic Beach Fill Program (D South Carlsbad Receiver Site Map created l>yCarbt»d GIS D Location Map Figure 1 The South Carlsbad receiver site is located within the limits of South Carlsbad State Beach. Surrounding development consists of: • North of the site - continuation of Carlsbad State Beach and Palomar Airport Road • South of the site - continuation of Carlsbad State Beach, public parking lot, and State Beach campground • Bordering the east side of the site - Carlsbad Boulevard • East of Carlsbad Boulevard/south of Palomar Airport Road/north of Encinas Creek - timeshare resort, and residential development • East of Carlsbad Boulevard/south of Encinas Creek - undeveloped with natural vegetation. • West of the site - Pacific Ocean The South Carlsbad receiver site is located on a low tide terrace, which lies in front of coastal cliffs between Agua Hedionda and Batiquitos Lagoons. The project site comprises the flat, rocky, shallow part of the shoreline. Page 2 HWY. 78 CARLSBAD BUENA - VISTA PACIFIC OCEAN SOUTH CARLSBAD RECEIVER SITE BAT1QUITOS LAGOON SCALE IN FEETM~y"i •• Z50O O 2SOO SDOO Prg>ored by: Moffatt 4; MichelMAY 2004K:\3W7-01\COASTAL\DWG\l<xxjt1onmapnd.dwg Carlsbad Opportunistic Beach Fill Program Location Map of Opportunistic Beach Site in Carlsbad Figure 2 Carlsbad Opportunistic Beach Fill Program C. Background The proposed project is related to a previous beach nourishment project implemented in 2001 by the San Diego Association of Governments (SANDAG) called the Regional Beach Sand Project (RBSP). That project placed over 2 million cy of beach-quality sand on 12 beach receiver sites from Oceanside to Imperial Beach. The project site was one of those sites, and received 158,000 cy of sand placed along 2,000 feet of beach length in June/July 2001. The potential environmental impacts of the RBSP were evaluated in the Final Environmental Impact Report/Environmental Assessment (EIR/EA) for the RBSP. The EIR/EA concluded that the project would not have any significant effects on the environment, but SANDAG was required to implement a short-term (construction) and long-term (5 years) monitoring program to verify that conclusion, as well as to provide additional data regarding actual beach nourishment sand transport compared to coastal engineering models. Monitoring was conducted during construction for turbidity, spawning grunion, and underwater archaeology resources, and no adverse construction impacts were identified. Post- construction monitoring of lagoons and offshore biological resources (kelp, rocky intertidal habitat, and subtidal habitat) has confirmed no adverse impacts and has provided extensive information about marine resources and sand transport. Additional monitoring at specific locations was sponsored by individual jurisdictions. The City of Encinitas sponsored biological monitoring at six locations (three that received sand as part of the RBSP, and three that did not). The monitoring occurred for three years after the sand placement, and found, overall, an improvement in biological resource use of beach habitat at receiver sites. As stated above, the project site is the same beach location that received 158,000 cy of sand in June/July 2001 as part of the RBSP. Key differences between this project and the RBSP are: 1) the source(s) of sand, 2) sand characteristics, and 3) method of transport. D. Sand Quantities and Qualities Government resource agencies establish criteria for sand placement for all beach nourishment projects in California. These agencies include: • U.S. Army Corps of Engineers (USACE), • U.S. Fish and Wildlife Service (USFWS), • U.S. Environmental Protection Agency (USEPA), • NOAA Marine Fisheries Service (NMFS), • California Department of Fish and Game (CDFG), • California Coastal Commission (CCC), • California State Lands Commission (CSLC), and • California Regional Water Quality Control Board (CRWQCB). These agencies were consulted on several occasions during the early phases of project design to determine the appropriate sand qualities and quantities. The project consists of placing a maximum of 150,000 cubic yards per year (cy/yr) of sand on the South Carlsbad receiver site. The maximum proportion of fine-grained particles (or fines, defined as silts and clays passing through the number 200 sieve) is 25% with the remainder 75% sand during the winter season (September 15 to March 15). The South Carlsbad receiver site is more suitable for placement of a higher percentage of fines than a typical beach nourishment project because it is located adjacent to a creek mouth, which historically delivers more fines to the coast during the rainy (winter) season. Initial beach fill volume is limited to 30,000 cy. Page 4 Carlsbad Opportunistic Beach Fill Program During the spring and late summer placement period, a more stringent fines content is proposed. The maximum fines content proposed during the Spring and Late Summer placement window is 15%, with the remainder 85% sand. It is also proposed to limit initial beach fills during this time to approximately 20,000 cy. No sand placement is proposed for the period between Memorial Day and Labor Day. The rate of sand placement on the beach is designed to replicate nature as closely as possible. Natural sediment delivery to the coast occurs during the wet season (fall and winter); therefore, up to 100% of the sand placement is proposed to occur in the fall and winter seasons, between September 15 and March 15. Coastal watersheds naturally yield sediment from rain runoff in the wet season and the coastal zone is acclimated to this seasonal turbidity pattern. No more than one-third of sand material will be placed on the beach in spring and summer months (see table below), when natural sediment delivery to the coast is lower. This season has the highest beach usage for recreation but is also the most active construction season. Restricting all placement to avoid summer months could result in substantial missed opportunities. Therefore, a limited amount of sand placement with a lesser percentage of fines is proposed for the spring and summer months (excluding the highest summer recreation period between Memorial Day and Labor Day). The table below outlines the proposed maximum fines content and volumes during each seasonal placement window. TABLE 1 PROPOSED LIMITATIONS OF SAND PLACEMENT QUANTITIES Season Fall/Winter Sept 15 -Mar 15 Spring Mar 1 5 - last Monday in May (Memorial Day) Summer Memorial Day - first Monday in Sept (Labor Day) Late Summer Option Labor Day - Sept 1 5 Maximum Fines Content 25% 15% — 15% Maximum Annual Volume1 1 50,000 cy 40,000 cy ... 10,000 cy Initial Maximum Beach Fill Volume 30,000 cy 20,000 cy — 5,000 cy 1 The cumulative maximum quantity of all sand in a calendar year, regardless of season, is 150,000 cy. Allowing a higher percentage of fines during winter for this program is helpful because it offers the City flexibility to consider a broader range of opportunistic beach-fill sources. Certain sand sources may have a high percentage of fines, but may consist of very high-quality sand that would be beneficial to the beach. Material with relatively high fines content would be placed below the Mean High Water (MHW) line to allow the fines to be winnowed away by the rising tide and deposited offshore, leaving the sand behind on the beach. It is proposed that the program start with relatively small projects (up to approximately 30,000 cy), followed by monitoring. Other criteria in determining suitable beach sand include that the material: • Cannot be suspected of containing hazardous chemicals based on an EPA Tier I assessment and appropriate testing; • Must be free of trash and debris based on visual inspection; • Must reasonably match the color of natural beach sand after exposure to the marine environment; • Must be less than 10% manufactured sand; and • Must not form a hardpan after placement. Although sand color is not an engineering or environmental factor, it must be considered for aesthetic reasons, hi July 1996, a private developer placed excavated sandy material over clean white sand at the South Carlsbad receiver site, referred to for that project as the Ponto Beach site. The material was placed above the reach of the tides and was not initially exposed to reworking by waves. While above the reach PageS Carlsbad Opportunistic Beach Fill Program of the tides, it formed a soil-colored (red) hardpan and was unsightly and uncomfortable to local beach users. In April 1997, earthmoving equipment pushed the material into the water and the fines dispersed leaving the beach-colored sand behind. If the City finds acceptable beach material that is significantly darker-colored than the beach sand, it will be placed below the MHW line, within reach of the tides and waves. As mentioned above, the City will require that the color reasonably match the color of natural beach sand after exposure to the marine environment. To determine that the material characteristics are suitable for beach placement, the City will require sampling of the material, and will analyze it against a checklist of the above-listed criteria prior to placing it on the beach. Any sample not meeting these pre-determined City standards would be rejected. E. Beach Fill Design Options There are three different beach fill design options for the Carlsbad beach fill program: 1) placement directly into the surf zone; 2) placement as a beach berm; or 3) placement as a sand dike along the toe of the bluff. The three design options are described as follows: 1. Surf Zone Placement Beach fill will be placed below the MHT line, directly into the surf zone, if the material is darker colored than the existing beach sand. Sand will be delivered to the beach and pushed by bulldozers to the water's edge. At low tide, the material will be pushed as far seaward as possible and left in a long, linear dike parallel to the coast so that it will be reworked by waves during the following rising tide (see Figure 3). The darker-colored clays will be winnowed out of the material by waves and currents and carried offshore and sand will be left behind. Surf zone placement will likely be the design used most often for sand placement. The berm and dike design options will only be used when there is beach quality sand that will visually blend in with the natural beach sand and will not form a hardpan. 2. Beach Berm Beach fill may be placed as a layer over the existing beach as a berm. The beach-berm design is shown in Figures 4 and 5. The berm would be a level surface extending a certain distance from the back of the beach toward the ocean, then sloping gradually into the water. The elevation, width, length, and slope of the berm will vary for each sand placement opportunity, depending upon the quantity of material to be placed and its qualities. The geometry of the berm will depend on the quantity of material and the condition of the beach at the time of material placement. An example of potential berm dimensions, using the estimated initial fill quantity of 30,000 cy with 25% fines (the anticipated norm during fall/winter) would be a berm that is 1,600 feet long by 100 feet wide, with a fill depth (height) of 5 feet on average. 3. Sand Dike along the Bluff Toe Sand could also be placed as a dike along the bluff toe if appropriate. The sand dike design option could be constructed if the City chose to apply the sand to the sea more gradually than would otherwise occur. The sand dike concept is shown in Figure 3. The material would be piled up along the back portion of the beach and extended along the lower bluff. The dike would be narrower and longer than the beach berm design. A typical dike could reach up to +12 feet MLLW or higher, be only 20 to 30 feet wide, and slope more steeply to the beach at 5:1 (H:V). Page 6 20 15 10 ? 5 ZE ~» &c z 5 OF >myLJ -1C -20 ~V^ "•• : \/ \ /f 1^V 0 100 Prepared by: Moffatt * Nlchol Engineers _DIKE Al ' SLOPE .ONG BACh at 5:1 (H: ^BEL s OF BEAC V) Q.ft' MHT L H NE MLLW • •• _. ' ." " * • "r>-^ /^MEAS / '• 760 URED 1o/ ^^ • 200 300 400 500 600 700 800 900 Range (Feet seaward of Range Line Monument) Carlsbad Opportunistic Beach Fill Program Beach Fill Dike Along Back of Beach / Below MHT Line Encinas Beach Typical Section 37 1000 Figure 3 20 15 10 JEACH Fl LL ^A^ 8 -5 MLLW ^/ CB-C 760 MEASURED 10/)7 r° -15 -25 100 200 300 400 500 600 700 800 900 1000 Range (Feet seaward of Range Line Monument) epared by: Moffatt & Nichd Engineers Carlsbad Opportunistic Beach Fill Program Encinas Beach Fill Typical Section Figure 4 Prepared by: Moffatt & Nichol April 2005 C:\Documents and Settings\glim\Locol Settings\Temporory Internet Files\QLK2\Encino3 Carlsbad Opportunistic Beach Fill Program Encinas Beach Fill Plan and Profile Locations Figure 5 LOCATION MAP LEGEND NOT TO SCALE PROJECT NAME CARLSBAD TRUCK ROUTES FIGURE 6 CARLSBAD OPPORTUNISTIC BEACH FILL PROGRAM Maximum footprint of temporary truck ramp to the beach site.Fig 7 Carlsbad Opportunistic Beach Fill Program F.Construction Operations Beach fill activities will occur on short notice and when material becomes available. Trucks will haul material from construction sites along designated routes to the deposition site as shown in Figure 6. 1.Beach Access For each opportunistic beach fill, a temporary truck ramp would be constructed adjacent to the west side of Carlsbad Boulevard, north of the Encinas Creek Bridge and culvert structures. Although there is existing vehicle access to the beach from the parking lot located south of the Encinas Creek Bridge, access to the parking area would require trucks to travel south on Carlsbad Boulevard and cross the bridge (no access to the parking area from northbound travel lanes). Trucks hauling a load of sand would exceed the weight capacity of the bridge (due to the bridge's age and structural stability), and therefore, will be prohibited from crossing the bridge. Trucks will be required to access the beach north of the bridge. Carlsbad Boulevard north of the bridge is at a higher elevation than the beach; therefore, the construction of a temporary truck ramp is necessary to provide access to the beach. The ramp would be constructed by creating a wedge of fill material (opportunistic sand dumped from the road shoulder and/or with existing beach sand) over the existing slope. The ramp would allow dump trucks, carrying sand, and other vehicles to access the beach from Carlsbad Boulevard. The ramp would be approximately 75 feet wide (from north to south), and would have an approximate height of 8 to 10 feet, depending on beach level (see Figure 7). Fill would be placed to raise the level of the ramp slightly above the level of the existing grade at the top of the slope. The ramp would be removed once each beach fill project is complete. When the ramp is removed, portions of the material can remain, if desired by the City, to provide added protection to the existing roadway embankment. There is no native or sensitive plant species within the project area, and temporary access ramp will not result in a negative impact to the stability of the existing slope (roadway embankment). 2.Truck Route The trucks would drive south on Carlsbad Boulevard, exit onto the ramp and drive down to the beach. The trucks would dump their load of material on the beach, where earth-moving equipment would then distribute the sand to the appropriately selected beach placement footprint. The trucks would then egress the site via the same ramp and head south on Carlsbad Boulevard. The estimated number of truck trips is shown in Table 2. TABLE 2 PROPOSED MAXIMUM NUMBER OF TRUCK TRIPS AND FREQUENCY Season Fall/Winter Spring/ Late Summer Maximum volume of sand placed weekly (cy) 20,000 10,000 Maximum number of weekly truck trips projected1 1,428 714 Maximum number of daily truck trips projected2 238 119 Maximum number of hourly truck trips projected3 29.8 14.9 Minimum time between trips (minutes) 2 4 1 Assumes a twin trailer belly-dump truck holding 14 cy total. 2 Assumes a 6-day workweek, Monday through Saturday. 3 Assumes an 8-hour workday. Page 12 Carlsbad Opportunistic Beach Fill Program Trucks will be provided a dedicated lane for dumping sand. There is an existing 6-foot bike lane adjacent to the unpaved shoulder on the west side of the roadway. Carlsbad Boulevard also has two 12-foot through lanes and a paved 10-foot shoulder on the east side of the road. In order to accommodate the truck operations, the bike lane will be closed and the shoulder will be used for truck queuing. To allow for queuing of trucks and dumping procedures, approximately 450 feet will be coned off along Carlsbad Boulevard. Flagmen will direct traffic during construction operations to ensure traffic safety. This is a typical traffic control plan outline. However, for each project, a specific traffic control plan will be developed for approval by the City Engineer. G.Monitoring Program A monitoring program is part of the Carlsbad Opportunistic Beach Fill Program. The monitoring program will involve grunion, turbidity, beach profiles and surfing conditions, as follows: TABLE 3 OVERVIEW OF MONITORING PROGRAM Project Phase Pre-Project Baseline During Construction Post- Construction Post-Project Type of Monitoring Beach profiles Surf conditions Grunion (if appropriate season) Turbidity Surf conditions Grunion (if appropriate season) Beach profile Surf conditions Beach profile Timing/Duration 30 days prior (profile CB-0775) 14 days prior, 3 times per week (one day on a weekend) Predicted grunion run closest to project initiation (2 to 3 weeks and immediately prior to construction) prior, Daily during construction 5 times per week during construction During predicted runs Within 14 days after construction (profile CB-0775) For at least 14 days, but need not exceed 30 days after construction Over 1 year following construction; all profiles surveyed in fall and spring (April/May) (Oct) 1.Grunion Monitoring The grunion spawning season is from March 1 to August 30 and grunion spawn during middle-of-the- night spring high tides. The eggs incubate in the sand and hatch after approximately 2 weeks, when the juvenile fish return to the sea during the subsequent spring high tides. Because the South Carlsbad receiver site is a sandy beach, it provides suitable grunion spawning habitat. While grunion are not listed as threatened or endangered, efforts are recommended to minimize impacts to this managed fish species. This project will actually improve grunion spawning by adding sand to the beach. As a precaution, grunion will be monitored before construction, and if present, during construction. No post-construction monitoring is required for grunion. The presence of grunion should not result in a halt to construction, due to the availability of a larger sandy area for spawning immediately up- and down-coast. The project shall be allowed to proceed with modifications as needed to accommodate spawning. A grunion monitor must be present to observe grunion runs two to three weeks prior to construction during a predicted grunion run (according to the grunion calendar produced by the California Department of Fish and Game), and immediately prior to construction. If grunion are not present during their predicted runs, no further monitoring is required. If grunion are present during predicted runs, beach nourishment will only occur above the spring high tide line/kelp line or in the nearshore until the spawning season is over. As an alternative, grunion monitoring could continue throughout the sand placement period, and if they do not spawn during a predicted run then sand could be placed below the spring high tide line. Page 13 Carlsbad Opportunistic Beach Fill Program 2. Nearshore Reefs and Biological Monitoring Monitoring of nearshore reefs or biology is not recommended for the South Carlsbad receiver site because previous environmental analysis performed for the San Diego Regional Beach Sand Project show no sensitive resources in the area. This is one significant consideration in selecting the South Carlsbad receiver site for this program. 3. Turbidity Turbidity will be monitored throughout construction to qualify the effect on ocean water clarity from the project. Conditions in the area are typically clear, with occasional storms causing turbidity. The project will also cause turbidity, but the condition will be short-lived and should diminish immediately when construction activities are halted. Turbidity will be monitored by an observer from a vantage point (such as a bluff top landward of the placement site) noting the extent of turbid conditions. The observer will map the area of turbidity each day on a base map and photograph the turbidity in the ocean. A map will be created by the observer, and they will document all other pertinent environmental conditions such as waves, wind, and weather. If monitoring indicates excessive turbidity (greater than ambient beyond one- half mile offshore at or down-coast of the placement site) for a prolonged period, assumed to be 5 days, then placement should be halted or modified to reduce turbidity. This judgment should be made by the project engineer in consultation with the City and regulatory staff assigned to the project. 4. Beach Profiles Beach profiles will be monitored to quantify sand accretion or loss at the South Carlsbad receiver site. A licensed surveyor experienced with the survey methods will survey the beach profiles. The survey is to provide data that enables the City to determine the sand gain or loss at the placement site. Existing beach profiles used for regional monitoring and for recent monitoring of the Regional Beach Sand Project are suitable for monitoring of the City's program without the need to establish new beach profiles. There are three established profiles that will be used for this project (see Figure 5). Tasks for beach profiling include: a. Utilize the one existing beach profile transect within the beach fill footprint that is designated as CB-0775. Utilize the two existing beach profiles adjacent to the site, with one being up-coast of the site at CB-0780 and the other down-coast of the site at CB- 0760. All beach profiles should be surveyed each fall (October) and spring (April/May). Profile CB-0775, however, should also be surveyed more frequently at the time of each project. It should be surveyed within 30 days prior to construction, and within 14 days after construction to record pre- and post-construction conditions, respectively. b. Record beach and seabed elevation along the profiles from the back of the beach out to the depth of 30 feet relative to mean lower low water. Survey equipment to be used includes: i. Standard survey equipment (level, Global Positioning System or GPS, and rod) for work on land; and ii. A survey boat with a fathometer and GPS for work on the water to tie into the land profile. c. Produce receiver site profiles to compare pre-project with post-project profiles for interpretation and reporting. Page 14 Carlsbad Opportunistic Beach Fill Program 5. Surf Conditions Monitoring of surfing is intended to provide qualitative information to understand if the project causes negative impacts to surfing at the South Carlsbad beach. This monitoring is not required to be technical nor precise, but rather to simply obtain a sense from observations and periodic interviews/questioning of surfers if the program is problematic to the activity. If so, possibly more detailed data can be obtained to verify concerns. If not, projects should be able to continue without modification. Simple counts of the number of surfers in the water during the prime time for surfing in the morning should roughly indicate if changed conditions from the project affected surfing. General surfing conditions should be observed and noted over a period of 14 days prior to construction and for at least 14 days after construction (no longer than 30 days after construction). The frequency of observations should be 3 times per week with 1 day falling on a weekend. More frequent observations should be made during construction, such as 5 times per week. Observations can be relatively short in time, possibly for 15 minutes at some point between the hours of 6 a.m. and 9 a.m. Observations and notes should be recorded on data recording forms specifying the general conditions: a. month/date/time; b. approximate wave height and direction estimated by the eye; c. tide from a tide book; d. wind as roughly estimated by the observer; e. water temperature obtained from lifeguards, newspaper, or the observer; f. qualitative water clarity by the observer; and g. number of surfers in the water Short interviews would be conducted periodically (once during most visits) with local surfers to ascertain effects of the project that may not be able to be determined from observations. For instance, asking how frequently a person surfs that location and why they surf there rather than elsewhere should help solicit their feelings and experience about the site. H. Additional Project Design Features In addition to the monitoring program specified above, which would document beach and offshore conditions before, during, and after project construction, the following design features would be implemented to minimize adverse effects to the general public: 1. Truck operation shall be limited to the hours of 8:00 a.m. to 4:00 p.m., Monday through Saturday (fall/winter) and Monday through Friday (spring/summer) with no activity during holidays. 2. A flagman shall keep pedestrians a safe distance from the truck, notify beach users of the presence of the truck, and ensure that a clear and safe path is maintained. This system will be specified in the traffic control plan required to be prepared for each beach fill project. 3. Public streets used for hauling the material to the project site shall be cleaned via street- sweeper every third day of truck delivery to the project site. 4. Trucks shall only use haul routes approved by the city, and shall be specified in the traffic control plan required to be prepared for each beach fill project. 5. A Spill Prevention, Containment and Countermeasures Plan shall be prepared by the contractor prior to each beach fill project. The plan shall specify fueling procedures, Page 15 Carlsbad Opportunistic Beach Fill Program equipment maintenance procedures, and containment and cleaning measures to be followed in the event of a spill. At a minimum, the plan shall include: a. Use and refueling of equipment as necessary; b. Handling and storage of construction and maintenance fluids (oils, antifreeze, fuels). Fluids shall be stored in closed containers (no open buckets or pans) and disposed of promptly and properly away from permeable areas to prevent contamination of the site. c. Immediate control, containment, and cleanup of fluids released because of spills, equipment failure (broken hose, punctured tank, etc.), or refueling, per federal and state regulations. All contaminated materials shall be disposed of promptly and properly to prevent contamination of the site. To reduce the potential for spills on the beach during refueling, refueling of portable equipment shall occur within a contained area. Where that is not possible, barriers shall be placed around the site where the fuel nozzle enters the fuel tank. The barriers shall be such that spills shall be contained and easily cleaned up. Someone shall be present to monitor refueling activities to ensure that spillage from overfilling, nozzle removal, or other action does not occur. L Public Agencies Whose Approval Is Required (i.e., permits, financing approval or participation agreements): Implementation of the Carlsbad Opportunistic Beach Fill Program will require approval and permits from a variety of local, state, and federal agencies, as follows: 1. City of Carlsbad - Approval of Mitigated Negative Declaration. Special Use Permit (SUP), and Local CDP. The City must approve the environmental determination made pursuant to CEQA (as indicated in this document, a Mitigated Negative Declaration). The project site contains a special flood hazard area - Zone VE (coastal flood with velocity hazard - wave action). A SUP is required by the City of Carlsbad for the placement of fill material in a special flood hazard area. Also, the portion of the project that is located landward of the mean high tide line is subject to City approval of a local CDP, which can be appealed to the CCC. 2. California Coastal Commission (CCC) - Coastal Development Permit The proposed program is located within the Coastal Zone (both seaward and landward of the mean high tide line). The part of the project located seaward of the mean high tide line is subject to the approval of a coastal development permit (CDP) from the CCC. The part of the project that is located landward of the mean high tide line is subject to approval of a CDP from the City of Carlsbad. 3. California Department of Parks and Recreation (CDPR) - Encroachment Permit The project site is owned by the CDPR and an encroachment permit from CDPR is necessary for access to the State beach. Page 16 Carlsbad Opportunistic Beach Fill Program 4. California State Lands Commission (CSLC) - Lease of State Land The CSLC has jurisdiction over certain tidal zones and submerged lands, pursuant to Section 630.3 (Division 6) of the California Public Resources Code. This jurisdiction includes those areas located seaward of the mean high tide line. The placement of beach fill material below the mean high tide line requires a lease agreement with the CSLC. 5. Regional Water Quality Control Board (RWOCB) - Section 401C Certification Any project in California that proposes placing fill materials into waters of the U.S. requires a Section 401C Certification from the RWQCB. Since the program involves placing sand on the beach below the mean high tide line, a certification is needed from the RWQCB. 6. U.S. Army Corps of Engineers (USAGE) - Sections 10 and 404 Permit The proposed program involves placing sand on a beach receiver site. Section 10 of the River and Harbors Act and Section 404 of the Clean Water Act require permits from the USAGE for transporting and placing fill material into waters of the U.S. 3. Process to Implement Individual Opportunistic Beach Fill Projects After Program Approval After the City and other agencies approve the Carlsbad Opportunistic Beach Fill Program (COBFP), the process to implement each opportunistic beach fill project is as follows: 1. A beach fill opportunity is identified (typically a developer would notify the City when excess fill material from a construction project is available, or City staff identifies it as part of reviewing development project submittals). 2. The City would either review existing data about the material or conduct an initial screening test of the fill material to determine if the fill has the potential to meet the criteria to be placed on the beach (see Section "D", above). a. The initial screening test would be a limited sampling of the fill material to determine its potential as beach fill. b. More stringent testing would be conducted after it is determined that the fill material has the potential to meet the criteria for beach fill. This testing is more costly than the initial testing, and requires USAGE approval of a Sampling and Analysis Plan (SAP) prior to the testing. 3. If the fill material passes the initial screening test, the City will submit a SAP to the USAGE for approval. a. Upon USAGE approval of the SAP, testing and analysis of the fill material would be conducted per the SAP. 4. If the fill material is found per the SAP testing to meet all the criteria to be placed on the beach, an application shall be submitted to the Planning Department for a Consistency Determination by the Planning Director. a. The application shall include information that demonstrates how the project complies with the approved COBFP, including sand quality and quantities, project design (i.e. fill placement in the surf zone, or as a beach berm or sand dike), construction operations (project schedule, beach access, truck route/operations), and project monitoring. Page 17 Carlsbad Opportunistic Beach Fill Program b. The public shall be notified of the proposed beach fill project and requested Consistency Determination, as follows: i. Written notice shall be provided to all property owners within 300 feet of the project property at least 15 days prior to a decision on the application. ii. Any person so notified may file written comments or a written request to be heard within 10 days after the mailing of the notice. If a written request to be heard is filed, an informal hearing with the Planning Director will be scheduled, and written notice will be provided to the applicant and the requestor at least 5 days prior to the hearing. The hearing would not be a formal public hearing. c. To approve a Consistency Determination application, the Planning Director shall make a written finding that the beach fill project is consistent with the approved COBFP. d. The Planning Director's decision on the Consistency Determination application may be appealed to the Planning Commission, pursuant to Carlsbad Municipal Code Section 21.54.140. 5. After the project is determined to be consistent with the COBFP, and at least 30 days prior to project construction, the City will submit notification to and obtain authorization to proceed with the project as required by other permitting agencies (i.e. CCC, CSLC, RWQCB, and USAGE), and undertake pre-construction monitoring for grunion, beach profiles, and surfing conditions. 6. A minimum of 2-weeks prior to and during construction of the beach fill project a sign shall be posted at the site (in a location visible from the public right-of-way) notifying the public of the dates and times that the beach fill activities will occur. 7. After obtaining authorization from the permitting agencies, the beach fill project will be constructed as approved. 8. After the beach fill project is completed, a Post Discharge Report will be prepared and submitted to the resource agencies, which will include all of the information collected by the City for the project, including all preparation testing, volume of material placed at the site, transportation and construction details, finalized project schedule, and monitoring results. 9. At the end of each year, an assessment of the effects (both beneficial and adverse) from all beach fill projects conducted during the year per the COBFP will be presented to the Planning Commission and other permitting agencies. This analysis will serve as the basis for any modifications that can be made to optimize the program. Page 18