HomeMy WebLinkAbout2006-11-21; City Council; 18809; Lease agreement opportunistic sand programCITY OF CARLSBAD - AGENDA BILL
18,809AB#
MTG. 11/21/06
DEPT. ENG
CALIFORNIA STATE LANDS COMMISSION
LEASE AGREEMENT FOR THE
CARLSBAD OPPORTUNISTIC SAND PROGRAM
DEPT. HEAD
CITY ATTY.
CITY MGR.
RECOMMENDED ACTION:
Adopt Resolution No. 2006-338 authorizing the Mayor to execute a lease agreement with the
California State Lands Commission for the Carlsbad Opportunistic Sand Program.
ITEM EXPLANATION:
The City of Carlsbad is developing a program to actively pursue opportunities for obtaining suitable
sand for placement on South Carlsbad Beach for erosion control, recreational benefits, and
restoration. The program is designed to take surplus sand from upland construction, development, or
dredging projects in the area and place it on the state-owned beach to supplement ongoing beach
nourishment activities.
The purpose of the program is to:
• Renourish the Oceanside Littoral Cell;
• Provide ongoing maintenance of the large-scale beach nourishment project in North County
associated with regional beach-fill efforts; and
• Improve protection to coastal structures and enhance beach recreation opportunities in the
City.
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. At this time, permits and approvals have been issued by the
California Coastal Commission, California Department of Parks and Recreation, and the City of
Carlsbad. Pending permits include the Army Corps of Engineer, Regional Water Quality Control Board
and the California State Lands Commission.
The beach deposition site is located along a 2,500 lineal foot section of coastline directly north of the
Encinas Creek outlet to the ocean. The beach nourishment activity will occur below the mean high
tide line within the jurisdiction of the California State Lands Commission. In accordance with
State Lands Commission regulation, a lease agreement is needed to allow for the beach nourishment
activity. The lease agreement is valid for five (5) years whereby, upon mutual agreement between the
City and the State Lands Commission, the lease can be extended for another five (5) year term.
FOR CITY CLERKS USE ONL Y.
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
XD
D
D
D
CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER - SEE MINUTES
D
D
D
D
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ENVIRONMENTAL IMPACT:
Approval of the proposed lease agreement is necessary to implement the Carlsbad Opportunistic
Beach Fill Program (COBFP). The COBFP was previously reviewed pursuant to the requirements of
the California Environmental Quality Act (CEQA). On May 17, 2006, the Carlsbad Planning
Commission adopted Resolution No. 6067 adopting a Mitigated Negative Declaration and Mitigation
Monitoring and Reporting Program as part of SUP 04-13 and CDP 06-02 for the COBFP. The lease
agreement does not change any aspect of the COBFP that was previously reviewed pursuant to
CEQA; therefore, no further environmental review is necessary.
FISCAL IMPACT:
A condition of the lease agreement is for the City to conduct a mean high tide survey prior to the
beach nourishment activity. Staff estimates this effort will cost $10,000. When a source of beach
quality sand becomes available, staff will request the Council to appropriate additional funds to
support the survey efforts.
EXHIBITS:
1. Resolution No. 2006-338 authorizing the Mayor to execute a lease agreement with the
California State Lands Commission for the Carlsbad Opportunistic Sand Program.
2. Lease Agreement with California State Lands Commission
DEPARTMENT CONTACT: Steve Jantz, (760) 602-2738, s la nt@ci. carls bad, ca. us
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RESOLUTION NO. 2006-338
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
3 CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE A LEASE
AGREEMENT WITH THE CALIFORNIA STATE LANDS COMMISSION
4 FOR THE CARLSBAD OPPORTUNISTIC SAND PROGRAM.
5 WHEREAS, the City of Carlsbad is currently developing a program to take advantage of
6 excess beach-quality sand material from upland construction, development, or dredging projects in
7 the area and place it on the City's beach to supplement ongoing beach nourishment activities; and
8 WHEREAS, the objective is to secure one permit from the regulatory/resource agencies
9 for an extended period of time for beach placement, without having to reapply for individual
10 permits for each placement operation; and
11 WHEREAS, the City is required to execute a lease agreement with the California State
12 Lands Commission to allow the deposition of sand on the South Carlsbad Beach site; and
13 WHEREAS, the City Council finds it is in the best interest of the city to execute said
14 lease agreement.
15 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad
16 California as follows:
1. The above recitations are true and correct.
18 2. The Mayor is authorized to execute a lease agreement with the California State
19 Lands Commission for the Carlsbad Opportunistic Sand Program.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 21st day of November, 2006, by the following vote:
AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose
NOES: None
ABSENT: None
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO ) ss.
I, Sheila R. Cobian, Deputy City Clerk of the City of Carlsbad, County of San
Diego, State of California, hereby certify that I have compared the foregoing copy
with the original RESOLUTION 2006-338 AUTHORIZING THE MAYOR TO
EXECUTE A LEASE AGREEMENT WITH THE CALIFORNIA STATE LANDS
COMMISSION FOR THE CARLSBAD OPPORTUNISTIC SAND PROGRAM with
the original now on file in the Office of the City Clerk of the City of Carlsbad: that
the same contains a full, true and correct transcript therefrom and of the whole
thereof.
Witness my hand and the seal of said City of Carlsbad, this 21st day of
November, 2006.
SHEILA R. COBIAN
DEPUTY CITY CLERK
(SEAL)
RECORDED AT THE REQUEST OF
AND WHEN RECORDED MAIL TO:
STATE OF CALIFORNIA
California State Lands Commission
Attn: Title Unit
100 Howe Avenue, Suite 100-South
Sacramento, CA 95825-8202
STATE OF CALIFORNIA
OFFICIAL BUSINESS
Document entitled to free recordation
pursuant to Government Code Section 27383
APN; 211-030-29
County: San Diego
SPACE ABOVE THIS LINE FOR RECORDER'S USE
W25214
LEASE PRC
This Lease consists of this summary and the following attached and incorporated parts:
Section 1 Basic Provisions
Section 2
Section 3
Section 4
Exhibit A
Exhibit B
Special Provisions Amending or Supplementing Section 1 or 4
Lease Area Description
General Provisions
Carlsbad Opportunistic Beach Fill Program
Project Notification Report
SECTION 1
BASIC PROVISIONS
THE STATE OF CALIFORNIA, hereinafter referred to as Lessor acting by and through the
CALIFORNIA STATE LANDS COMMISSION (100 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 the City of Carlsbad, hereinafter referred to as Lessee, those certain lands described
in Section 3 subject to the reservations, terms, covenants and conditions of this Lease.
6
MAILING ADDRESS: 1635 Faraday Avenue
San Diego, CA 92008
LEASE TYPE: General Lease - Public Agency Use
LAND TYPE: Filled and Submerged Sovereign Land
LOCATION: Pacific Ocean, Encinas Beach, City of Carlsbad, San Diego County, as depicted
in Section 3.
LAND USE OR PURPOSE: Implementation of the Carlsbad Opportunistic Beach Fill Program
involving the placement of a maximum of 150,000 cubic yards of
sand annually on State sovereign lands.
TERM: Five years, beginning October 12, 2006; ending October 11, 2011, unless sooner
terminated as provided under this Lease.
CONSIDERATION: The public use and benefit with the State reserving the right at any time to set a
monetary rent if the Commission finds such action to be in the State's best
interest; subject to modification by Lessor as specified in Paragraph 2(b) of
Section 4 - General Provisions.
EXISTING IMPROVMENTS: N/A
CONSTRUCTION TO START BY: N/A
CONSTRUCTION TO END BY: N/A
LIABILITY INSURANCE: Coverage of no less than $1,000,000
SURETY BOND OR OTHER SECURITY: N/A
SECTION 2
SPECIAL PROVISIONS
BEFORE THE EXECUTION OF THIS LEASE, ITS PROVISIONS ARE AMENDED,
REVISED OR SUPPLEMENTED AS FOLLOWS:
1. At least 30 days prior to the start of the first beach replenishment activity performed at the South
Carlsbad receiver site along the Encinas beach portion of the South Carlsbad State Beach, Lessee
shall submit a mean high tide line survey for Lessor's review and approval. The following is
required:
a. The survey must be based on the California Coordinate System 1983 and must include a
control scheme showing found monuments and coordinates referencing the epoch date.
b. The survey must locate a minimum of two property monuments shown on an official
record map.
c. The vertical datum must be shown on the map with the benchmark location and elevation.
d. The mean high tide elevation and tidal epoch must be noted on the survey and Lessor's
staff must approve the elevation prior to the fieldwork.
e. Stations used to locate the mean high tide line must be at intervals of 50'±.
f. The survey must be performed by or under the supervision of a Licensed Land Surveyor.
g. Lessee will provide Lessor with a hardcopy map and Autocad drawing file within 30 days
of completion of survey fieldwork.
2. Lessee will undertake the Carlsbad Opportunistic Beach Fill Program (COBFP) pursuant to: 1) the
Mitigation Monitoring Program contained in Final Mitigated Negative Declaration SCH#
2001091126 prepared and adopted by Lessee on May 17, 2006; 2) the COBFP SUP 04-13/CDP
06-02 dated May 17, 2006; (consisting of 22 pages attached hereto as Exhibit A); and, 3) the
requirements of all other agencies having approval authority over the COBFP.
3. Lessee is authorized during the lease term to periodically place up to a maximum of 150,000 cubic
yards of sand annually on the South Carlsbad receiver site described in Section 3 of this Lease.
4. At least 30 days prior to the start of beach replenishment activities, Lessee shall provide the name
and telephone number of the Lessee's representative responsible for maintaining the beach
replenishment database for the site within the Lease Premises.
5. At least 30 days prior to the start of beach replenishment activities as described in Section 2,
Paragraph 1, Lessee shall provide Lessor with copies of all permits and approvals from all other
agencies with jurisdiction over the COBFP.
6. At least 30 days prior to the start of beach replenishment activities, Lessee shall provide written
notification to Lessor, and all other regulatory agencies having approval authority for the Program.
Lessee will prepare and sign a checklist, substantially in the form attached hereto as Exhibit B,
approving sand for placement. Lessee will provide Lessor and all other regulatory agencies the
Checklist and a completed Project Notification Report, a draft outline of which is attached hereto
as Exhibit B. Lessee shall not proceed with a beach replenishment project until the staff of each
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of the agencies has provided written concurrence that the material meets the criteria for placement.
Lessee shall provide Lessor with all copies of public notification that are issued prior to the
commencement of beach replenishment activities.
7. Prior to the start of beach replenishment activities, Lessee shall provide Lessor with the name,
address, telephone number and contractor's license number of the contractor(s) selected to
implement the beach replenishment program. Should Lessee change Contractors, Lessee shall
provide Lessor with all pertinent information, as described above.
8. Lessee shall provide pre-project biological survey information of the beach replenishment site
prior to commencement of beach replenishment activities within the Lease Premises. Lessee shall
provide to Lessor copies of all annual mitigation monitoring compliance reports for replenishment
activities within the Lease Premises.
9. Lessee agrees that printed material, such as handouts and signs or other types of printed notices
installed to provide notification of the public use and benefit of the project as set forth herein shall
contain and reasonably display a statement acknowledging the California State Lands Commission
as having contributed lands for the project. The statement may read as follows: "A portion of the
land required for the Carlsbad Opportunistic Beach Fill Program was contributed by the California
State Lands Commission."
10. Lessee acknowledges and agrees:
a. The sites may be subject to hazards from natural geophysical phenomena including, but
not limited to, waves, storm waves, tsunamis, earthquakes, flooding and erosion.
b. To assume the risks of injury and damage to Lessee, its agents, employees, contractors,
permittees, invitees and guests and the Leased Lands from such hazards in connection with
the development and use of the Leased Lands subject to any Coastal Development Permit.
c. To unconditionally waive any claim or damage or liability against the State of California,
its agencies, officers, agents, and employees for injury and/or damage from such hazards to
Lessee, its agents, employees, contractors, permittees, invitees and guests.
d. To indemnify, hold harmless and, at the option of Lessor, defend the State of California, its
agencies, officers, agents, and employees, against and for any and all liability, claims,
demands, damages, injuries, or costs of any kind and from any cause (including costs and
fees incurred in defense of such claims), expenses, and amounts paid in settlement arising
from any alleged or actual injury, damage or claim due to site hazards or connected in any
way with respect to the approval of any Coastal Development Permit involving the Leased
Lands, except for any such liability, claims, damage or injury solely caused by the
negligence of Lessor, its officers, agents and employees.
11. All personal property, tools, or equipment taken onto or placed upon the Lease Premises shall
remain the property of the Lessee or its contractors. Such personal property shall be promptly
removed by the Lessee, at its sole risk and expense upon the completion of the project. Lessor
does not accept any responsibility for any damage, including damages to any personal property,
including any equipment, tools, or machinery on the Lease Premises.
12. No equipment or vehicle maintenance shall take place on the Lease Premises.
13. All waste material and debris shall be entirely removed from the Lease Premises.
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14. Section 4 is hereby modified as follows:
Paragraph 4 Toxics section (f) shall be substituted with the following:
"Lessee shall not manufacture or generate hazardous wastes on the Lease Premises unless
specifically authorized under other terms of this Lease. Lessee shall be fully responsible for any
hazardous wastes, substances or materials as defined under federal, state or local law, regulation,
or ordinance that are manufactured, generated, used, placed, disposed, stored, or transported on the
Lease Premises by the Lessee or its contractors during the Lease term and shall comply with and
be bound by all applicable provisions of such federal, state or local law, regulation or ordinance
dealing with such wastes, substances or materials. Lessee shall notify Lessor and the appropriate
governmental emergency response agency(ies) immediately in the event of any release or
threatened release of any such wastes, substances, or materials."
Paragraph 6 Rules, Regulations, and Taxes, section (c) is deleted.
Paragraph 12 Restoration of Lease Premises, sections (a), (b), (c), and (d) are deleted.
15. In the event of any conflict between the provisions of Section 2 and Section 4 of this Lease, the
provisions of Section 2 shall prevail.
SECTION 3
W25214
LAND DESCRIPTION
A parcel of tide and submerged land situate in the Pacific Ocean, adjacent to La Costa
Beach State Park as described in Division of Highways Transfer of Control and
Possession dated June 2nd, 1961, in the City of Carlsbad, San Diego County, more
particularly described as follows:
BEGINNING at a point with an approximate CCS83 Zone VI coordinates of
North = 1989024, East =6231790; thence southeasterly, 1200 feet; thence
southwesterly, 150 feet; thence northwesterly, 1200 feet; thence northeasterly, 150 feet
to the point of beginning.
EXCEPTING THEREFROM any portion lying landward of the ordinary high water mark
of said ocean.
END OF DESCRIPTION
Prepared 9/15/2006 by the California State Lands Commission Boundary Unit
SECTION 4
GENERAL PROVISIONS
1. GENERAL
These provisions are applicable to all leases, permits, rights-
of-way, easements, or licenses or other interests in real
property conveyed by the State Lands Commission.
2. CONSIDERATION
(a) Categories
(1) Rental
Lessee shall pay the annual rental as stated in this
Lease to Lessor without deduction, delay, or offset, on or
before the beginning date of this Lease and on or before
each anniversary of its beginning date during each year
of the Lease term.
(2) Non-Monetary Consideration
If the consideration to Lessor for this Lease is the
public use, benefit, health, or safety, Lessor shall have
the right to review such consideration at any time and
set a monetary rental if the State Lands Commission, at
its sole discretion, determines that such action is in the
best interest of the State.
(b) Modification
Lessor may modify the method, amount, or rate of
consideration effective on each fifth anniversary of the
beginning date of this Lease. Should Lessor fail to exercise
such right effective on any fifth anniversary it may do so
effective on any one (1) of the next four (4) anniversaries
following such fifth anniversary, without prejudice to its right
to effect such modification on the next or any succeeding fifth
anniversary. No such modification shall become effective
unless Lessee is given at least thirty (30) days notice prior to
the effective date.
(c) Penalty and Interest
Any installments of rental accruing under this Lease not
paid when due shall be subject to a penalty and shall bear
interest as specified in Public Resources Code Section 6224
and the Lessor's then existing administrative regulations
governing penalty and interest
3. BOUNDARIES
This Lease is not intended to establish the State's boundaries
and is made without prejudice to either party regarding any
boundary claims which may be asserted presently or in the
future.
4. LAND USE
(a) General
Lessee shall use the Lease Premises only for the purpose
or purposes stated in this Lease and only for the operation and
maintenance of the improvements expressly authorized in this
Lease. Lessee shall commence use of the Lease Premises
within ninety (90) days of the beginning date of this Lease or
within ninety (90) days of the date set for construction to
commence as set forth in this Lease, whichever is later.
Lessee shall notify Lessor within ten (10) days after
commencing the construction of authorized improvements
and within sixty (60) days after completing them. Lessee's
discontinuance of such use for a period of ninety (90) days
shall be conclusively presumed to be an abandonment.
(b) Continuous Use
Lessee's use of the Lease Premises shall be continuous
from commencement of the Lease until its expiration.
(c) Repairs and Maintenance
Lessee shall, at its own expense, keep and maintain the
Lease Premises and all improvements in good order and repair
and in safe condition. Lessor shall have no obligation for such
repair and maintenance.
(d) Additions, Alterations, and Removal
(1) Additions - No improvements other than those
expressly authorized in this Lease shall be constructed by
the Lessee on the Lease Premises without the prior written
consent of Lessor.
(2) Alteration or Removal - Except as provided under
this Lease, no alteration or removal of improvements on
or natural features of the Lease Premises shall be undertaken
without the prior written consent of Lessor.
(e) Conservation
Lessee shall practice conservation of water, energy, and
other natural resources and shall prevent pollution and harm to
the environment. Lessee shall not violate any law or
regulation whose purpose is to conserve resources or to protect
the environment. Violation of this section shall constitute
grounds for termination of the Lease. Lessor, by its executive
officer, shall notify Lessee, when in his or her opinion, Lessee
has violated the provisions of this section and Lessee shall
respond and discontinue the conduct or remedy the condition
within 30 days.
(f) Toxics
Lessee shall not manufacture or generate hazardous
wastes on the Lease Premises unless specifically authorized
under other terms of this Lease. Lessee shall be fully
responsible for any hazardous wastes, substances or materials
as defined under federal, state or local law, regulation, or
ordinance that are manufactured, generated, used, placed,
disposed, stored, or transported on the Lease Premises during
the Lease term and shall comply with and be bound by all
applicable provisions of such federal, state or local law,
regulation or ordinance dealing with such wastes, substances
or materials. Lessee shall notify Lessor and the appropriate
governmental emergency response agency(ies) immediately in
the event of any release or threatened release of any such
wastes, substances, or materials.
(g) Enjoyment
Subject to the provisions of paragraph 5 (a) (2) below,
nothing in this Lease shall preclude Lessee from excluding
persons from the Lease Premises when their presence or
activity constitutes a material interference with Lessee's use
Page 2
and enjoyment of the Lease Premises as provided under this
Lease.
(h) Discrimination
Lessee in its use of the Lease Premises shall not
discriminate against any person or class of persons on the
basis of race, color, creed, religion, national origin, sex, age,
or handicap.
(i) Residential Use
No portion of the Lease Premises shall be used as a
location for a residence or for the purpose of mooring a
structure which is used as a residence. For purposes of this
Lease, a residence or floating residence includes but is not
limited to boats, barges, houseboats, trailers, cabins, or
combinations of such facilities or other such structures
which provide overnight accommodations to the Lessee or
others.
5. RESERVATIONS, ENCUMBRANCES, AND RIGHTS-
OF-WAY
(a) Reservations
(1) Lessor expressly reserves all natural resources in or
on the Lease Premises, including but not limited to
timber and minerals as defined under Public
Resources Code Sections 6401 and 6407, as well as
the right to grant leases in and over the Lease
Premises for the extraction of such natural
resources; however, such leasing shall be neither
inconsistent nor incompatible with the rights or
privileges of Lessee under this Lease.
(2) Lessor expressly reserves a right to go on the Lease
Premises and all improvements for any purpose
associated with this Lease or for carrying out any
function required by law, or the rules, regulations
or management policies of the State Lands
Commission. Lessor shall have a right of
reasonable access to the Lease Premises across
Lessee owned or occupied lands adjacent to the
Lease Premises for any purpose associated with
this Lease.
(3) Lessor expressly reserves to the public an easement
for convenient access across the Lease Premises to
other State-owned lands located near or adjacent to
the Lease Premises and a right of reasonable
passage across and along any right-of-way granted
by this Lease; however, such easement or right- of-
way shall be neither inconsistent nor incompatible
with the rights or privileges of Lessee under this
Lease.
(4) Lessor expressly reserves the right to lease,
convey, or encumber the Lease Premises, in whole
or in part, during the Lease term for any purpose
not inconsistent or incompatible with the rights or
privileges of Lessee under this Lease.
(b) Encumbrances
This Lease may be subject to pre-existing contracts,
leases, licenses, easements, encumbrances, and claims
and is made without warranty by Lessor of title, condition, or
fitness of the land for the stated or intended purpose.
6. RULES, REGULATIONS, AND TAXES
(a) Lessee shall comply with and be bound by all presently
existing or subsequently enacted rules, regulations, statutes
or ordinances of the State Lands Commission or any other
governmental agency or entity having lawful authority and
jurisdiction.
(b) Lessee understands and agrees that a necessary condition
for the granting and continued existence of this Lease is that
Lessee obtains and maintains all permits or other
entitlements.
(c) Lessee accepts responsibility for and agrees to pay any
and all possessory interest taxes, assessments, user fees or
service charges imposed on or associated with the leasehold
interest, improvements or the Lease Premises, and such
payment shall not reduce rental due Lessor under this Lease
and Lessor shall have no liability for such payment.
7. INDEMNITY
(a) Lessor shall not be liable and Lessee shall indemnify,
hold harmless and, at the option of Lessor, defend Lessor, its
officers, agents, and employees against and for any and all
liability, claims, damages or injuries of any kind and from
any cause, arising out of or connected in any way with the
issuance, enjoyment or breach of this Lease or Lessee's use
of the Lease Premises except for any such liability, claims,
damage or injury solely caused by the negligence of Lessor,
its officers, agents and employees.
(b) Lessee shall notify Lessor immediately in case of any
accident, injury, or casualty on the Lease Premises.
8. INSURANCE
(a) Lessee shall obtain and maintain in full force and effect
during the term of this Lease comprehensive general liability
insurance and property damage insurance, with such
coverage and limits as may be reasonably requested by
Lessor from time to time, but in no event for less than the
sum(s) specified, insuring Lessee and Lessor against any and
all claims or liability arising out of the ownership, use,
occupancy, condition or maintenance of the Lease Premises
and all improvements.
(b) The insurance policy or policies shall name the State of
California, its officers, employees and volunteers as insureds
as to the Lease Premises and shall identify the Lease by its
assigned number. Lessee shall provide Lessor with a
certificate of such insurance and shall keep such certificate
current. The policy (or endorsement) must provide that the
insurer will not cancel the insured's coverage without thirty
(30) days prior written notice to Lessor. Lessor will not be
responsible for any premiums or other assessments on the
Form 51.15 (Rev. 6/06)
Page 3
policy. The coverage provided by the insured (Lessee) shall
be primary and non-contributing.
(c) The insurance coverage specified in this Lease shall be in
effect at all times during the Lease term and subsequently
until all of the Lease Premises have been either accepted as
improved, by Lessor, or restored by Lessee as provided
elsewhere in this Lease.
9. SURETY BOND
(a) Lessee shall provide a surety bond or other security
device acceptable to Lessor, for the specified amount, and
naming the State of California as the assured, to guarantee to
Lessor the faithful observance and performance by Lessee of
all of the terms, covenants, and conditions of this Lease.
(b) Lessor may require an increase in the amount of the
surety bond or other security device to cover any additionally
authorized improvements, alterations or purposes and any
modification of consideration.
(c) The surety bond or other security device shall be
maintained in full force and effect at all times during the
Lease term and subsequently until all of the Lease Premises
have been either accepted as improved, by Lessor, or restored
by Lessee as provided elsewhere in this Lease.
10. ASSIGNMENT, ENCUMBRANCING OR SUBLETTING
(a) Lessee shall not either voluntarily or by operation of law,
assign, transfer, mortgage, pledge, hypothecate or encumber
this Lease and shall not sublet the Lease Premises, in whole
or in part, or allow any person other than the Lessee's
employees, agents, servants and invitees to occupy or use all
or any portion of the Lease Premises without the prior written
consent of Lessor, which consent shall not be unreasonably
withheld.
(b) The following shall be deemed to be an assignment or
transfer within the meaning of this Lease:
(1) If Lessee is a corporation, any dissolution, merger,
consolidation or other reorganization of Lessee or sale or
other transfer of a percentage of capital stock of Lessee
which results in a change of controlling persons, or the
sale or other transfer of substantially all the assets of
Lessee;
(2) If Lessee is a partnership, a transfer of any interest
of a general partner, a withdrawal of any general partner
from the partnership, or the dissolution of the
partnership.
(c) If this Lease is for sovereign lands, it shall be
appurtenant to adjoining littoral or riparian land and Lessee
shall not transfer or assign its ownership interest or use rights
in such adjoining lands separately from the leasehold rights
granted herein without the prior written consent of Lessor.
(d) If Lessee desires to assign, sublet, encumber or otherwise
transfer all or any portion of the Lease Premises, Lessee shall
do all of the following:
( 1 ) Give prior written notice to Lessor;
(2) Provide the name and complete business
organization and operational structure of the proposed
assignee, sublessee, secured third party, or other
transferee; and the nature of the use of and interest in the
Lease Premises proposed by the assignee, sublessee,
secured third party or other transferee. If the proposed
assignee, sublessee, or secured third party is a general or
limited partnership, or a joint venture, provide a copy of
the partnership agreement or joint venture agreement, as
applicable;
(3) Provide the terms and conditions of the proposed
assignment, sublease, or encumbrance or other
transfer;
(4) Provide audited financial statements for the two
most recently completed fiscal years of the proposed
assignee, sublessee, secured party or other transferee;
and provide pro forma financial statements showing the
projected income, expense and financial condition
resulting from use of the Lease Premises; and
(5) Provide such additional or supplemental
information as Lessor may reasonably request
concerning the 'proposed assignee, sublessee, secured
party or other transferee.
Lessor will evaluate proposed assignees, sublessees,
secured third parties and other transferees and grant
approval or disapproval according to standards of
commercial reasonableness considering the following
factors within the context of the proposed use: the
proposed party's financial strength and reliability, their
business experience and expertise, their personal and
business reputation, their managerial and operational
skills, their proposed use and projected rental, as well as
other relevant factors.
(e) Lessor shall have a reasonable period of time from the
receipt of all documents and other information required
under this provision to grant or deny its approval of the
proposed party.
(f) Lessee's mortgage or hypothecation of this Lease, if
approved by Lessor, shall be subject to terms and conditions
found in a separately drafted standard form (Agreement and
Consent to Encumbrancing of Lease) available from Lessor
upon request.
(g) Upon the express written assumption of all obligations
and duties under this Lease by an assignee approved by
Lessor, the Lessee may be released from all liability under
this Lease arising after the effective date of assignment and
not associated with Lessee's use, possession or occupation of
Form 5 1.1 5 (Rev. 6/06)
Page 4
or activities on the Lease Premises; except as to any
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.
(h) If the Lessee files a petition or an order for relief is
entered against Lessee, under Chapters 7,9,11 or 13 of the
Bankruptcy Code (11 USC Sect. 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 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 defaults under this Lease (monetary
and non-monetary) or has provided Lessor with adequate
assurances (1) that within ten (10) days from the date of
such assumption or assignment, all monetary defaults under
this Lease will be cured; and (2) that within thirty (30) days
from the date of such assumption, all non-monetary defaults
under this Lease will be cured; and (3) that all provisions of
this Lease will be satisfactorily performed in the future.
11. DEFAULT AND REMEDIES
(a) Default
The occurrence of any one or more of the following
events shall immediately and without further notice
constitute a default or breach of the Lease by Lessee:
(1) Lessee's failure to make any payment of rental,
royalty, or other consideration as required under
this Lease;
(2) Lessee's failure to obtain or maintain liability
insurance or a surety bond or other security device
as required under this Lease;
(3) Lessee's vacation or abandonment of the Lease
Premises (including the covenant for continuous
use as provided for in paragraph 4) during the
Lease term;
(4) Lessee's failure to obtain and maintain all
necessary governmental permits or other
entitlements;
(5) Lessee's failure to comply with all applicable
provisions of federal, state or local law, regulation
or ordinance dealing with hazardous waste,
substances or materials as defined under such law;
(6) Lessee's Failure to commence to construct and to
complete construction of the improvements
authorized by this Lease within the time limits
specified in this Lease; and/or
(7) Lessee's failure to comply with applicable
provisions of federal, state or local laws or
ordinances relating to issues of Health and Safety,
or whose purpose is to conserve resources or to
protect the environment.
(b) Lessee's failure to observe or perform any other term,
covenant or condition of this Lease to be observed or
performed by the Lessee when such failure shall continue for
a period of thirty (30) days after Lessor's giving written
notice; however, if the nature of Lessee's default or breach
under this paragraph is such that more than thirty (30) days
are reasonably required for its cure, then Lessee shall not be
deemed to be in default or breach if Lessee commences such
cure within such thirty (30) day period and diligently
proceeds with such cure to completion.
(c) Remedies
In the event of a default or breach by Lessee and
Lessee's failure to cure such default or breach, Lessor may at
any time and with or without notice do any one or more of
the following:
(1) Re-enter the Lease Premises, remove all persons
and property, and repossess and enjoy such
premises;
(2) Terminate this Lease and Lessee's right of
possession of the Lease Premises. Such termination
shall be effective upon Lessor's giving written
notice and upon receipt of such notice, Lessee shall
immediately surrender possession of the Lease
Premises to Lessor;
(3) Maintain this Lease in full force and effect and
recover any rental, royalty, or other consideration as
it becomes due without terminating Lessee's right of
possession regardless of whether Lessee shall have
abandoned the Lease Premises; and/or
(4) Exercise any other right or remedy which Lessor
may have at law or equity.
12. RESTORATION OF LEASE PREMISES
(a) Upon expiration or sooner termination of this Lease,
Lessor upon written notice may take title to any or all
improvements, including fills, or Lessor may require Lessee
to remove all or any such improvements at its sole expense
and risk; or Lessor may itself remove or have removed all or
any portion of such improvements at Lessee's sole expense.
Lessee shall deliver to Lessor such documentation as may be
necessary to convey title to such improvements to Lessor
free and clear of any liens, mortgages, loans or any other
encumbrances.
(b) In removing any such improvements Lessee shall restore
the Lease Premises as nearly as possible to the conditions
existing prior to their installation or construction.
Form 51.15 (Rev. 6/06)
Page 5
(c) All plans for and subsequent removal and restoration
shall be to the satisfaction of Lessor and shall be completed
within ninety (90) days after the expiration or sooner
termination of this Lease or after compliance with paragraph
12(d), whichever is the lesser.
(d) In removing any or all the improvements Lessee shall
be required to obtain any permits or other governmental
approvals as may then be required by lawful authority.
(e) Lessor may at any time during the Lease term require
Lessee to conduct at its own 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 response agency(ies) and shall further be
responsible for removing or taking other appropriate
remedial action regarding such wastes, substances or
materials in accordance with applicable federal, state or
local law regulation or ordinance.
13. QUITCLAIM
Lessee shall, within ninety (90) days of the expiration or
sooner termination of this Lease, execute and deliver to
Lessor in a form provided by Lessor a good and sufficient
release of all rights under this Lease. Should Lessee fail or
refuse to deliver such a release, a written notice by Lessor
reciting such failure or refusal shall, from the date of its
recordation, be conclusive evidence against Lessee of the
termination of this Lease and all other claimants.
14. HOLDING-OVER
Any holding-over by Lessee after the expiration of the
Lease term, with or without the express or. implied consent
of Lessor, shall constitute a tenancy from month to month
and not an extension of the Lease term and shall be on the
terms, covenants, and conditions of this Lease, except that
the annual rental then in effect shall be increased by twenty-
five percent (25%).
15. ADDITIONAL PROVISIONS
(a) Waiver
(1) No term, covenant, or condition of this Lease and
no default or breach of any such term, covenant or
condition shall be deemed to have been waived, by
Lessor's acceptance of a late or nonconforming
performance or otherwise, unless such a waiver is
expressly acknowledged by Lessor in writing.
(2) Any such waiver shall not be deemed to be a
waiver of any other term, covenant or condition of
any other default or breach of any term, covenant
or condition of this Lease.
(b) Time
Time is of the essence of this Lease and each and all of
its terms, covenants or conditions in which performance
is a factor.
(c) Notice
All notices required to be given under this Lease shall be
given in writing, sent by U.S. Mail with postage prepaid,
to Lessor at the offices of the State Lands Commission
and the Lessee at the address specified in this Lease.
Lessee shall give Lessor notice of any change in its
name or address.
(d) Consent
Where Lessor's consent is required under this Lease its
consent for one transaction or event shall not be deemed
to be a consent to any subsequent occurrence of the
same or any other transaction or event.
(e) Changes
This Lease may be terminated and its term, covenants
and conditions amended, revised or supplemented only
by mutual written agreement of the parties.
(f) 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.
(g) 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.
(h) Captions
The captions of this Lease are not controlling and shall
have no effect upon its construction or interpretation.
(i) Severability
If any term, covenant or condition of this Lease is
determined by a court of competent jurisdiction to be
invalid, it shall be considered deleted and shall not
invalidate any of the remaining terms, covenants and
conditions.
Form 51.15 (Rev. 6/06)
Page 6
STATE OF CALIFORNIA - STATE LANDS COMMISSION
LEASE NO. PRC
This Lease shall become effective only when approved by and executed on behalf of the State Lands
Commission of the State of California and a duly executed copy has been delivered to 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:
CIT
LESSOR:
STATE OF CALIFORNIA
STATE LANDS COMMISSION
By:
Title:
Date:
ACKNOWLEDGEMENT
This Lease was authorized by the
California State Lands Commission on
(Month Day Year)
Form 51.15 (Rev. 6/06)
1C,
EXHIBIT A
1 PLANNING COMMISSION RESOLUTION NO. 6Q69
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
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,
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
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
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
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
t- B) That based on the evidence presented at the public hearing, the Planning
Commission hereby APPROVES CDP 06-02 - CARLSBAD
OPPORTUNISTIC BEACH FILL PROGRAM, based on the following
findings and subject to the following conditions.
7
Findings;o
o 1. That the proposed beach fill project is in conformance 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.
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
15 placement of sand on the beach will enhance the opportunities for recreational use
of the site.16
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
IS 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
23 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
2 Development Permit documents) 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
r 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
1, 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
20 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
PCRESONO. 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: Chairperson Montgomery, Commissioners Baker, Cardosa,
Dominguez, Segall, and Whitton
NOES:
ABSENT: Commissioner Heineman
ABSTAIN:
MARTELL B. MONTGOMERY, Mrperson
CARLSBAD PLANNING COMMISSION
DON NEU
Assistant Planning Director
PC RESO NO. 6069 -4-
Exhibit "A"
CARLSBAD OPPORTUNISTIC BEACH FILL PROGRAM
SUP 04-13/CDP 06-02
May 17,2006
f
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 CarJsbad 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.
Pagel
Carlsbad Opportunistic Beach Fiii Program
South Carlsbad
Receiver Site
<D fryCarhl»d_glS Q
COPY
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
Hwr. 78
BUENA .,
VISTA
SOUTH CARLSBAD
RECEIVER SITE
CARLSBAD
PACIFIC
OCEAN
SCALE IN FEET
i—•—••I^^3B^^3^H^^^HH
MOO O 3500 9000
bp Uofhit k Ntehol
BAT10UITOSLAGOON
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
Enctnitas 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 (USAGE),
• 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 QUANTTnES
Season
Fall/Winter
Sept 15 -Mar 15
Spring
Mar 15 - last Monday in May (Memorial Day)
Summer
Memorial Day - first Monday in Sept (Labor Day)
Late Summer Option
Labor Day -Sept 15
Maximum Fines
Content
25%
15%
~
15%
Maximum
Annual Volume1
1 50,000 cy
40,000 cy
...
1 0,000 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 1 50,000 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. In 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
__
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
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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 projected1
29.8
14.9
Minimum time
between trips
(minutes)
2
4
1 Assumes a twin trailer belly-dump truck holding 14 cy total.
1 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:
TABLES
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 she. 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-prpject 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 fCDPR') - 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 CCSLC) - 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 (US ACE) - 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.
J. 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
31
EXHIBIT B
CARLSBAD OPPORTUNISTIC BEACH FILL PROGRAM
PROJECT NOTIFICATION REPORT
1. Introduction
Provide the basic program outline. Specify the permit conditions (USAGE, CCC, RWQCB, and
SLC). This Project Notification Report will request agency concurrence and a Notice to Proceed
from the USAGE (See Section 8.1 for further information)
Proposed Project Limits
Placement Site
Maximum
Annual
Quantity
(CY)
Maximum
Project
Length
(ft)
Placement
Scenarios
(1|
Season
Maximum
Percent
Fines
Allowed
Proposed Volumes
(CY)
Maximum
Annual
Volume'21
Initial
Maximum
Volumes'"
Maximum
Volume
per Week
Encinas Beach
(South Carlsbad
State Beach)
150,000 2,000
a) Berm
b)MHT
c) Dike
Fall/Winter
(Sept15-Mar15)
Spring
(Mar 15 -Memorial Day)
Summer
(Memorial Day -Labor Day)
Late Summer Option
(Labor Day -Sepl 15)
25%
15%
—
15%
150,000
40,000
—
10,000
30,000
20,000
—
5,000
20,000
10,000
—
10,000
;1) (a) Berm-beach berm on upper beach; (b) MHT-placement below the high tide line; (c) Dike-sand dike along toe of bluff
2) The cumulative maximum quantity of all sand in a calendar year, regardless of season, is 150,000 cy
3) It is proposed that the program start with relatively small projects followed by monitoring, before larger projects be considered.
4) Assumes a 6-day workweek; Monday through Saturday only. No work will occur on holidays
5) No work can occur at any site on the holiday weekends of Memorial Day and Labor Day, and weekends adjacent to Independence
3ay, when Independence Day falls on a Friday or Monday
2. Source Material
2.1. General Site Location
Include maps, figures, and text description of site location and surrounding areas.
2.2. Specific Location of Source Material at Site
Describe where on the site the source material is found
2.3. Volume of Material (Total volume and volume proposed for beach placement)
Describe total volume of material available at site and volume that is being proposed for beach
nourishment. The disposal method of excess material will be described in this section.
2.4. Material Testing
Present the Sampling and Analysis Plan that was prepared for and approved by the USAGE as
part of their permit conditions. The results will-be provided, which will include any chemistry
and grain size testing. Figures and tables will be provided.
2.5. Debris Management
Describe general content of material with regard to debris. This will include a description of the
kinds of debris found in the source material, methods for screening, separating, and/or retrieving
the debris, and disposal methods.
An on-site debris monitor will be present during beach replenishment to monitor for the presence
of debris in the sandy material. If any debris or non-sandy material is detected, the specific
beach replenishment project(s) that was/were using that sand material shall be halted at that
site(s). The project(s) shall not continue until a new Project Notification Report with updated
information on the composition of the material is submitted and approved by the resource
agencies.
3. Transportation and Placement
3.1. Site Location and Timing
Describe the existing conditions of the beach site and the timing of project. Include projected
schedule.
3.2. Transportation Method
Describe how the material will get to the beach site. Outline trucking routes and provide figures,
if needed. Indicate how many trucks and frequency. Specify a traffic control plan from the
contractor.
3.3. Beach Placement Method
Describe the placement method, including any equipment that may be needed to construct the
project. Outline specific public access closures or restrictions. Outline project BMPs, such as
flagmen, perimeter fencing, etc. that are proposed. Specify how the access ramp will be
constructed and how it will be removed or maintained following the project.
Construction materials or waste will not be stored where it will could potentially be subjected to
wave erosion and dispersion. In addition, no machinery will be placed, stored, or otherwise
located in the Intertidal zone at any time, except for the minimum necessary to implement the
project.
Construction equipment shall not be washed on the beach or in the beach parking lots.
Construction debris and sediment shall be properly contained and secured on site with BMPs, to
prevent the unintended transport of sediment and other debris into coastal waters by wind, rain,
or tracking. Construction debris and sediment shall be removed from the construction areas as
necessary to prevent the accumulation of sediment and other debris which may be discharged
into coastal waters. Any and all debris resulting from construction activities shall be removed
from the project site within 24 hours of completion of construction. Debris shall be disposed of
at a debris disposal site outside the coastal zone.
Plans for the staging and storage of the construction equipment shall be provided by the
contractor. Where possible, public parking areas shall not be used for staging or storage of
equipment and materials. Where this is unavoidable, the minimum number of parking spaces
that are required shall be used.
Access corridors and staging areas shall be located in a manner that has the least impact of public
access via the maintenance of existing public parking areas and traffic flow on coastal access
routes.
3.4. Contractor Information
Include Contractor name, address, contact information, etc.
4. Pubic Notification Process
This section will outline how the public is being notified of the overall program and this specific
project. Each upland project will be approved by the Carlsbad Planning Commission or City
Council through a public hearing. This section of the report will include a listing of the local
hearing dates and copies of all the local hearing notices. All written correspondence received by
the City regarding the project and minutes of the Planning Commission/City Council meetings
will be included.
Other proposed public noticing methods may include Beach Preservation Committee (BPC)
Workshops, City Council Meetings, Chamber of Commerce/Downtown Business Association
articles, City Publications, Newspaper Articles, Signage, Public Television, or Water Billing
notices.
Also, a posting will be placed at each construction site with a notice indicating the project scope,
expected dates of construction, and/or beach closure.
5. Project Monitoring
This section will outline the pre-, during, and post-construction monitoring plan for the project.
This section will also include the reporting protocols for the monitoring efforts as outlined in the
CCC, RWQCB, USAGE, and SLC permit requirements.
5.1. Pre-Constmction Monitoring
Describe all pre-construction monitoring and that will be conducted. This will include biological
monitoring and physical monitoring (pre-fill profiles and surfing conditions). The description
will include what will be monitored, procedures for the monitoring, frequency, who will conduct
the monitoring and their qualifications. Figures representing areas, transects, etc., will be
included in the pre-construction monitoring.
If pre-construction monitoring identifies potential adverse impacts to coastal resources from the
proposed project not identified and addressed in the Mitigated Negative Declaration or within the
Resource Agency permits, the specific replenishment project for which the pre-construction
monitoring was being conducted shall be suspended. The monitoring results will be presented to
the above mentioned agencies for their review and files.
5.2. Construction Monitoring
Describe what monitoring will be conducted during construction, including biological and
physical monitoring. This will include monitoring protocol and contingency operations for
monitoring of turbidity, sedimentation, surfing effects, and biology at the proposed discharge site
and adjacent nearshore and offshore areas. Monitoring personnel will be identified and their
qualifications will be provided.
5.5. Post-Construction Monitoring
Describe what monitoring will be conducted after construction, including biological and physical
monitoring. This will include monitoring protocol and contingency operations for monitoring of
sedimentation, biology and effects to surfing at the proposed discharge site and adjacent
nearshore and offshore areas. Monitoring personnel will be identified and their qualifications
will be provided.
6. Previous Projects in Carlsbad
This section will provide a table outlining each placement site and any beach fills that have
occurred within the City as part of the Opportunistic Beach Fill Program or otherwise.
Site Dates of
Placement
Volume
(CY)
Total
Volume to
Date (CY)
Placement
Method Fill Length Width (if
applicable)%fines
7. Submittals
This section will outline what submittals are required and when the resource agencies can expect
them. This will include notification of any violations to the resource agencies.
7.1. Post Discharge Report
Post-Discharge Report will be compiled and submitted to the resource agencies which will
include all of the information collected by the City for an individual project, including all
preparation testing, volume of material placed at the site, transportation and construction details,
finalized project schedule, and monitoring results. An assessment of the project effects, both
beneficial and adverse will be presented at the end of every year. This analysis will serve as the
basis for any modifications that can be made to optimize the program.
8. Special Requirements
8.1. Timing ofSubmittal and Approval from the Resource Agencies
This section will include description of any special permit conditions for the program with
regards to timing of submittals and approvals.
8.1.1. California Coastal Commission (CCC)
8.1.2. Regional Water Quality Control Board (RWQCB)
"8.1.3. California State Lands Commission (SLC)
8.1.4. U.S. Army Corps of Engineers (USACE)
8.2. Other Permits
Copies of permits from the Coastal Commission, State Lands Commission, Regional Water
Quality Control Board, and U.S. Army Corps of Engineers will be attached to this notification
report.
8.3. Copies of Approvals
Copies of approvals, including the Letter of Permission from the U.S. Army Corps of Engineers
will be provided to all agencies once they are received. The project will not commence until
approvals from all permitting agencies has been obtained.
8.4. Assumption of Risk, Waiver of Liability and Indemnity
The City of Carlsbad acknowledges and agrees (i) that the site may be subject to hazards such as
erosion and landslides; (ii) to assume the risks to the City and the property that is the subject of
this permit of injury and damage from such hazards in connection with this permitted
development; (iii) to unconditionally waive any claim of damage or liability against the Coastal
Commission, its officers, agents, and employees for injury or damage from such hazards; and
(iv) to indemnify and hold harmless the Commission, its officers, agents, and employees with
respect to the Commission's approval of the project against any and all liability, claims,
demands, damages, costs (including costs and fees incurred in defense of such claims), expenses,
and amounts paid in settlement arising from any injury or damage due to such hazards.