Loading...
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 Page 2 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 1 RESOLUTION NO. 2006-338 2 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. 20 21 22 23 24 25 26 27 28 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 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 3 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. 4 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 LJm u_o o m o o cc o uco o:Is- :D I <CD UJ O ooen ooco co E oo> o «•2 d o(C CM Ovmw i i NOLLVA3T3 I <D i CQ 03 (0 CO0) O CD 'SL t ,^» CQ 05ram §(D(0fl u.•g(007CD 'C JO3 o>|S of l! 3m CtoTIW NOU.VA3T3 Encinas Beach FTypical SectionrtunisCarlsbad OppoBeach Fill Program ifll^m;'7 )3Moia^m,wf^:; ,..*|V r %&k j; Prepared by: Moflalt & NicholAPril 2005 , C:\0ocuments ond Settings\glim\Local SeitingsXTemporory Interngt Files\OLK2\Encino':;'^ipoch^pl Carlsbad Opportunistic Beach Fill Program Encinas Beach Fill Plan and Profile Locations Figure 5 LOCATION MAP SSL79 LEGEND NOT TO SOU /?OL/7ES PROJECT NAME CARLSBAD TRUCK ROUTES FIGURE 6 o COPY 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.