HomeMy WebLinkAbout2009-12-01; City Council; 20047; Coastal Development Permit Encinas Creek BridgeCITY OF CARLSBAD - AGENDA BILL
20.047AB#
MTG. 12/01/09
DEPT. ENG
ACCEPT CALIFORNIA COASTAL COMMISSION'S
COASTAL DEVELOPMENT PERMIT FOR ENCINAS
CREEK BRIDGE, CITY PROJECT NO. 3919
DEPT. HEAD
CITY ATTY.
CITYMGR. ~fo
RECOMMENDED ACTION:
Adopt Resolution No. 2009-294 accepting Coastal Development Permit Number 6-09-051
with Addendum issued by the California Coastal Commission for the Carlabad's Encinas Creek
Bridge, City Project No. 3919.
ITEM EXPLANATION:
The City is currently bidding the reconstruction of the Encinas Creek Bridge located on southbound
Carlsbad Boulevard between Palomar Airport Road and Island Way. The following is the project
schedule:
December 1, 2009
December 22, 2009 (tentative)
January 25, 2010
May 28, 2010
Open bids
City Council to award construction contract
Construction begins
Construction completed
Portions of the project lie within the respective coastal authorities of the City of Carlsbad and the
California Coastal Commission. The majority of the project, including the replacement of the existing
bridge structure and accompanying roadway, signage, and drainage improvements, are located within
the City's Local Coastal Plan authority. The Carlsbad Planning Commission unanimously approved
the City's Coastal Development Permit Number 09-08 for this work at its August 19, 2009 meeting. On
November 5, 2009, the California Coastal Commission unanimously approved issuance of Coastal
Development Permit Number 6-09-051 with Addendum for portions of the City's bridge replacement
project. The Commission's permit is limited to the reconfiguration and augmentation of the existing
rock revetment along the shoreline and the replacement of the bridge structure's wing walls which lie
within the Commission's jurisdiction.
The California Coastal Commission's permit, with a Commission approved Addendum, includes seven
Special Conditions. The Addendum and the first six Special Conditions are viewed as ministerial in
nature. The seventh Special Condition requires the City to assume the risk, waive liability, and
indemnify the Commission, its officers, agents, and employees from any claim of damage or liability
associated with site hazards resulting from storm waves, flooding, and erosion. Staff recommends
the City Council adopt the attached Resolution accepting the Commission's permit including the
required assumption of liability by the City for this project.
DEPARTMENT CONTACT: John Cahill, 760-602-2726; John.Cahill@carlsbadca.gov
CITY CLERKS USE ONLY
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
w/
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CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER -SEE MINUTES
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ENVIRONMENTAL IMPACT:
A Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP)
were prepared for the Encinas Creek Bridge Project (CDP 09-08/SUP 09-03/HMP 09-06). The Notice
of Intent to adopt a MND was published in the newspaper, June 26, 2009, and sent to the State
Clearinghouse for a 30-day public review (June 26, 2009 - July 27, 2009). No further environmental
review is required. The MND was approved by the Planning Commission on August 19, 2009 in
compliance with the California Environmental Quality Act (CEQA) Guidelines, Section 15074.
FISCAL IMPACT:
The City Council has appropriated a total of $2,636,215 consisting of South Coastal RDA funds and
Planned Local Drainage Area (PLDA) funds for this project. A summary of the available funding for
construction is as follows:
ENCINAS CREEK BRIDGE - PROJECT NO. 3919
TASK DESCRIPTION
Design
Construction, Inspection, Materials Testing
Studies and Reports
TOTAL
APPROPRIATED
TO DATE
$455,401
$2,073,864
$106,950
$2,636,215
EXPENDITURES/
ENCUMBRANCES
TO DATE
$455,401
$0
$106,950
$562,351
REMAINING
BALANCES
$ 0
$2,073,864
$ 0
$2,073,864
EXHIBITS:
1. Location map.
2. Resolution No. 2009-294 accepting the California Coastal Commission's Coastal
Development Permit Number 6-09-051 with Addendum including a waiver of liability.
3. California Coastal Commission Staff Report and Preliminary Recommendation for Coastal
Development Permit Application Number 6-09-051, public hearing date November 5, 2009.
4. California Coastal Commission Addendum dated November 2, 2009 for Coastal Development
Permit Application Number 6-09-051.
2.
LOCATION MAP
SITE
NOT TO SCALE
Cm OF OCEANSIDE
HIGHWAY
VICINITY
MAP
NOT TO
SCALE
SITE.
PROJECT NAME
ENCINAS CREEK BRIDGE
PROJECT
NUMBER
3919
EXHIBIT
1
DRAWN BY: SCOTT EVANS. CARLSBAD ENGINEERING DEPT. 4/17/08 C:\CAPITAL\3919.DWG
1 RESOLUTION NO. 2009-294
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ACCEPTING THE COASTAL
3 DEVELOPMENT PERMIT WITH ADDENDUM ISSUED BY THE
CALIFORNIA COASTAL COMMISSION FOR THE ENCINAS
4 CREEK BRIDGE PROJECT NO. 3919.
5
WHEREAS, the Carlsbad Planning Commission approved Carlsbad Coastal
6
Development Permit Number 09-08 on August 19, 2009 for the Encinas Creek Bridge Project,
7
hereafter the "Project;" and
8
WHEREAS, portions of the Project lie within the jurisdiction of the California Coastal
9
Commission, hereafter the "Commission," requiring a Coastal Development Permit from said
10
Commission; and
11
WHEREAS, said Commission approved Coastal Development Permit Number 6-09-05112
with Addendum, hereafter the "permit," on November 5, 2009; and
I \3
WHEREAS, the aforementioned Commission permit contains seven Special Conditions;14
and15
WHEREAS, Special Condition Number 7 requires an agreement by the City to the16
provisions stated therein.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,18
California, as follows:i y
1. That the above recitations are true and correct.
21 2. That the City Council of the City of Carlsbad, hereafter the "City," does hereby
„„ accept Coastal Development Permit Number 6-09-051 with Addendum issued by the California
23 Coastal Commission on November 5, 2009.
24 3. That in accordance with Special Condition Number 7 - A of said permit, the City
25 does hereby acknowledge and agree (i) the site may be subject to hazards from storm waves,
2g flooding, and erosion; (ii) the City does hereby agree to assume the risks to the City and the
27 property that is the subject of said permit from the Commission for injury and damage from such
28 hazards in connection with this permitted development; (iii) the City does hereby unconditionally
1 waive any claim of damage or liability against the Commission, its officers, agents, and employees
2 for injury or damage from such hazards; and (iv) the City does hereby indemnify and hold
3 harmless the Commission, its officers, agents, and employees with respect to the Commission's
4 approval of the project against any and all liability, claims, demands, damages, costs (including
5 costs and fees incurred in defense of such claims), expenses, and amounts paid in settlement
6 arising from any injury or damage due to such hazards.
7 4. That in accordance with Special Condition 7 - B of said permit, prior to the
8 conveyance of the property that is the subject of said permit, the City shall execute and record a
9 deed restriction, in a form and content acceptable to the Commission's Executive Director: (i)
10 indicating that, pursuant to said permit, the Commission has authorized development on the
11 subject property, subject to terms and conditions that restrict the use and enjoyment of said
12 property (hereafter referred to as the "Standard and Special Conditions" of said permit), and (ii)
13 imposing all Standard and Special Conditions of said permit as covenants, conditions, and
14 restrictions on the use and enjoyment of the property. The restriction shall include a legal
15 description of the City's entire parcel or parcels for which said permit has been granted by the
^ Commission. It shall also indicate that, in the event of an extinguishment or termination of the
17 deed restriction for any reason, the Standard and Special Conditions of said permit shall continue
1R to restrict the use and enjoyment of the subject property so long as either said permit or the
19 development it authorizes, or any part, modification, or amendment thereof, shall remain in
20 existence on or with respect to the subject property.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 1st day of December, 2009, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
ATTEST:
L0RRAI(NEi M. WG4)D, City Clerk O
(SEAL) ^
>STATE OP CALIFORNIA -- THE NATURAL RESOURCES AGENCY Governor
CALIFORNIA COASTAL COMMISSION
SAM DIEGO AREA
1575 METROPOLITAN DRIVE, SUITE 103
SAN DIEGO, CA 92109-4421
;613) ~S~-237G.
Th30c
Filed:
49th Day:
1 80th Day:
Staff:
August 27, 2009
October 15, 2009
February 23, 201 0
TR-SD
Staff Report: October 14,2009
Hearing Date: November 4-6, 2009
REGULAR CALENDAR
STAFF REPORT AND PRELIMINARY RECOMMENDATION
Application No.: 6-09-051
Applicant: City of Carlsbad Agent: Michelle Ferguson
Description: Reconfiguration and augmentation of an existing rock revetment and
replacement of wing walls as a component of the larger project replacing
Encinas Creek Bridge.
Site:West side of southbound Carlsbad Boulevard at Encinas Creek, Carlsbad,
San Diego County
Substantive File Documents: Hydraulic Evaluation by Nolte Associates, Inc., dated
February, 2009; City of Carlsbad's certified Local Coastal Program; City
of Carlsbad CDP #08-09
Standard of Review: Chapter 3 Policies of the Coastal Act
Summary of Staffs Preliminary Recommendation:
Staff is recommending approval of the Coastal Development Permit with several special
conditions. While the project as proposed by the City does not result in any immediate
concerns regarding impacts to coastal resources, the project does not provide assurances
that the rock revetment will not result in any future impacts to public access or marine
resources. Staff is suggesting seven special conditions that serve to address these
concerns.
I. PRELIMINARY STAFF RECOMMENDATION:
The staff recommends the Commission adopt the following resolution:
MOTION: I move that the Commission approve Coastal
Development Permit No. 6-09-051 pursuant to the staff
recommendation.
7
6-09-051
Page 2
STAFF RECOMMENDATION OF APPROVAL:
Staff recommends a YES vote. Passage of this motion will result in approval of the
permit as conditioned and adoption of the following resolution and findings. The motion
passes only by affirmative vote of a majority of the Commissioners present.
RESOLUTION TO APPROVE THE PERMIT:
The Commission hereby approves a coastal development permit for the proposed
development and adopts the findings set forth below on grounds that the development as
conditioned will be in conformity with the policies of Chapter 3 of the Coastal Act.
Approval of the permit complies with the California Environmental Quality Act because
either 1) feasible mitigation measures and/or alternatives have been incorporated to
substantially lessen any significant adverse effects of the development on the
environment, or 2) there are no further feasible mitigation measures or alternatives that
would substantially lessen any significant adverse impacts of the development on the
environment.
II. Standard Conditions.
See attached page.
III. Special Conditions.
The permit is subject to the following conditions:
1. Disposal of Export Material/Construction Debris. PRIOR TO THE ISSUANCE
OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall identify the
location for the disposal of export material and construction debris. If the site is located
within the coastal zone, a separate coastal development permit or permit amendment shall
first be obtained from the California Coastal Commission or its successors in interest.
2. Long-Term Monitoring Program. PRIOR TO THE ISSUANCE OF THE
COASTAL DEVELOPMENT PERMIT, the applicant shall submit for review and
written approval of the Executive Director, a long-term monitoring plan for the existing
shoreline protection. The purpose of the plan is to monitor and identify damage or
changes to the revetment such that repair and maintenance is completed in a timely
manner to avoid further encroachment of the revetment on the beach. The monitoring
plan shall incorporate, but not be limited to the following:
a. An evaluation of the current condition and performance of the revetment,
addressing any migration or movement of rock which may have occurred on the
site and any significant weathering or damage to the revetment that may adversely
impact its future performance.
6-09-051
Page 3
b. Measurements taken from the benchmarks established in the survey as required in
Special Condition #5 of CDP #6-09-051 to determine settling or seaward
movement of the revetment. Changes in the beach profile fronting the site shall
be noted and the potential impact of these changes on the effectiveness of the
revetment evaluated.
c. Recommendations on any necessary maintenance needs, changes or
modifications to the revetment to assure its continued function and to assure no
encroachment beyond the permitted toe.
d. An agreement that the permittee shall apply for a coastal development permit
within 90 days of submission of the report for any necessary maintenance, repair,
changes or modifications to the project recommended by the report that require a
coastal development permit and implement the repairs, changes, etc. approved in
any such permit.
The above-cited monitoring information shall be summarized in a report prepared by a
licensed engineer familiar with shoreline processes and submitted to the Executive
Director for review and written approval. The report shall be submitted to the Executive
Director and the City of Carlsbad Engineering Department yearly after each winter storm
season but prior to the 1st of May, starting with May 1, 2010. Monitoring shall continue
throughout the life of the revetment or until the revetment is removed or replaced under a
separate coastal development permit.
The applicant shall undertake development in accordance with the approved monitoring
program. Any proposed changes to the approved program shall be reported to the
Executive Director. No changes to the program shall occur without a Coastal
Commission approved amendment to this coastal development permit unless the
Executive Director determines that no amendment is legally required.
3. Future Maintenance. The applicant shall maintain the existing revetment in its
approved state. Any change in the design of the revetment or future
additions/reinforcement of the revetment beyond exempt maintenance as defined in
Section 13252 of Title 14 of the California Code of Regulations to restore the structure to
its original condition will require a coastal development permit. However, in all cases, if
after inspection, it is apparent that repair and maintenance is necessary, the
applicant shall contact the Executive Director to determine whether a coastal
development permit or an amendment to this permit is legally required, and, if
required, shall subsequently apply for a coastal development permit or permit
amendment for the required maintenance.
4. No Future Seaward Extension of Shoreline Protective Devices. By acceptance of
this Permit, the applicant agrees, on behalf of itself and all successors and assigns, that no
future repair or maintenance, enhancement, reinforcement, or any other activity affecting
the existing shoreline protective device, shall be undertaken if such activity extends the
footprint seaward of the existing device. By acceptance of this Permit, the applicant
6-09-051
Page 4
waives, on behalf of itself and all successors and assigns, any rights to such activity that
may exist under Public Resources Code Section 30235.
5. As Built Plans. Within 60 days of completion of the project, the applicant shall
submit as-built plans for the approved revetment and associated structures and submit
certification by a registered civil engineer, acceptable to the Executive Director, verifying
the revetment and associated structures have been constructed in conformance with the
approved plans for the project (drafted by the City of Carlsbad and received on October
8, 2009). The plans shall identify permanent benchmarks from fixed reference point(s)
from which the elevation and seaward limit of the revetment can be referenced for
measurements in the future.
6. Project Modifications. Only that work specifically described in this permit is
authorized. Any additional work requires separate authorization from the Commission or
Executive Director, if appropriate. If, during construction, site conditions warrant
changes to the project, the San Diego District office of the Coastal Commission shall
be contacted immediately and before any changes are made to the project in the
field. No changes to the project shall occur without an amendment to this coastal
development permit unless the Executive Director determines that no amendment is
legally required.
7. Assumption of Risk, Waiver of Liability and Indemnity Agreement
A. By acceptance of this permit, the applicant acknowledges and agrees (i) that
the site may be subject to hazards from storm waves, flooding, and erosion;
(ii) to assume the risks to the applicant 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 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.
B. PRIOR TO ANY CONVEYANCE OF THE PROPERTY THAT IS
THE SUBJECT OF THIS COASTAL DEVELOPMENT PERMIT, the
applicant shall execute and record a deed restriction, in a form and content
acceptable to the Executive Director: (1) indicating that, pursuant to this
permit, the California Coastal Commission has authorized development on the
subject property, subject to terms and conditions that restrict the use and
enjoyment of that property (hereinafter referred to as the "Standard and
Special Conditions"); and (2) imposing all Standard and Special Conditions of
this permit as covenants, conditions and restrictions on the use and enjoyment
of the Property. The restriction shall include a legal description of the
6-09-051
Page 5
applicant's entire parcel or parcels. It shall also indicate that, in the event of
an extinguishment or termination of the deed restriction for any reason, the
Standard and Special Conditions of this permit shall continue to restrict the
use and enjoyment of the subject property so long as either this permit or the
development it authorizes - or any part, modification, or amendment thereof -
remains in existence on or with respect to the subject property.
C. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT
PERMIT, the applicant shall submit a written agreement, in a form and
content acceptable to the Executive Director, incorporating all of the above
terms of this condition.
IV. Findings and Declarations.
The Commission finds and declares as follows:
1. Detailed Project Description/History.
The project in its entirety is the replacement of a bridge over Encinas Creek. The bridge
provides contiguous access for southbound Carlsbad Boulevard, a major coastal access
route in the City of Carlsbad. The replacement of the bridge includes development in
both the City of Carlsbad's and the Coastal Commission's jurisdictions. Through mutual
cooperation, the City and Commission staff determined where the line between the two
jurisdictions is located. Based on the information available at this time, it was
determined that the bridge replacement is located within the City's LCP permit
jurisdiction and the wing walls and rock revetment located west of the bridge are located
within the Commission's area of original jurisdiction. The Commission retains
jurisdiction for this portion of the project because portions of the revetment and wing
walls are located west of the Mean High Tide Line (MHTL). As such, the Commission is
reviewing the above stated portions of the project for consistency with Chapter 3 of the
Coastal Act. However, because the bridge, wing walls, and revetment are innately
connected, the project description includes all components of the project for clarity.
The project was initiated when Caltrans identified the need to remove and replace the
Encinas Creek Bridge due to severe deterioration. Exposed reinforcing bars have become
heavily corroded. For several years now Caltrans has classified the bridge as structurally
deficient and in need of replacement. Due to severe deterioration of the structure on the
west side, traffic has been shifted to the east side of the bridge where the girders are in
much better condition. Additionally, due to the extent of the degradation, replacement is
necessary as soon as possible.
The existing bridge, which according to the City was constructed in 1913, is a culvert-
style concrete bridge approximately 69 feet wide. It would be replaced by a narrower
bridge, made of a prefabricated concrete arch bridge structure approximately 45 feet in
width, thereby reducing the overall width of the bridge by approximately 26 feet. This
reduction in width is possible because the current bridge structure is oversized for the
6-09-051
Page 6
provision of only the southbound traffic lanes it accommodates. The new bridge_will be
approximately 2 feet taller than the existing bridge, in order to accommodate 100-year
storm flows. The new bridge will have pedestrian sidewalks with railings. The City is
proposing the use of colored concrete for the bridge structure, consistent with the
Carlsbad Seawall located along the coast of Carlsbad. The construction is expected to
take up to 4 months. As proposed, no work will occur between Memorial Day weekend
and Labor Day weekend. The existing bridge and roadway are currently protected by a
pre-Coastal Act riprap revetment. Currently the revetment is in need of maintenance and
augmentation.
Southbound Carlsbad Boulevard will be closed to through traffic during replacement of
the bridge, wing walls, and revetment. A Detour Plan will be implemented and will
reroute all southbound traffic of Carlsbad Boulevard at Palomar Airport Road to Avenida
Encinas, Poinsettia Lane, and then back to Carlsbad Boulevard. South of Palomar
Airport Road, access will be limited to local residential access of Solamar Drive.
There will be a temporary loss of 34 public parking spaces as a result of the road closure.
The City of Carlsbad will mitigate for this loss by installing temporary recreational
parking signs at a dirt lot at the intersection of Carlsbad Boulevard and Palomar Airport
Road. This lot currently operates as an undesignated parking area for recreational beach
users and can accommodate the additional temporary parking, given that the construction
will be completed during the off-peak season.
The City approved the portion of the project within its permit jurisdiction on August 19,
2009. The portion in the City's jurisdiction was appealable to the Coastal Commission;
however, no appeals were filed.
2. Project Description for Portion in the Coastal Commission's Jurisdiction
The portion of the project to be approved through this Coastal Development Permit
application includes only the wing walls of the bridge and the rock revetment located
west of Carlsbad Boulevard, both north and south of the bridge.
As proposed, the riprap requires reconfiguration to adequately protect Carlsbad
Boulevard and the bridge from wave action. The existing riprap would be reconfigured
and supplemented with an additional approximately 650 cubic yards of 4-ton rock, 650
cubic yards of 2-ton rock, and 700 cubic yards of one-quarter-ton rock. The riprap will
be added for approximately 118 feet to the north of the bridge and approximately 149 feet
south of the bridge in order to provide protection for the currently eroding roadway
embankment. As required the by certification of the Environmental Impact Report (EIR),
and thus, as proposed by the City, the new riprap will not extend beyond the limits of the
existing riprap and is proposed at 1.5:1 slope to further limit encroachment onto the
beach. Further, the City is proposing the wing walls to be placed parallel to the roadway,
further decreasing potential impacts to public access.
6-09-051
Page 7
During construction, sheet piling will be used on both sides of the bridge in order to
control wave action and specify construction zones. In addition, safety fencing will be
used to help protect the public while the bridge is being constructed. Temporary fencings
will also be placed to delineate construction limits, and no equipment will be stored on
the beach overnight.
3. Shoreline Protective Devices. The City is proposing to augment an existing pre-
Coastal rock revetment. The Coastal Act has two applicable policies addressing this
issue which state, in part:
Section 30253
New development shall:
(1) Minimize risks to life and property in areas of high geologic, flood, and fire
hazard.
(2) Assure stability and structural integrity, and neither create nor contribute
significantly to erosion, geologic instability, or destruction of the site or surrounding
area or in any way require the construction of protective devices that would
substantially alter natural landforms along bluffs and cliffs.
Section 30235
Revetments, breakwaters, groins, harbor channels, seawalls, cliff retaining walls, and
other such construction that alters natural shoreline processes shall be permitted when
required to serve coastal-dependent uses or to protect existing structures or public
beaches in danger of erosion, and when designed to eliminate or mitigate adverse
impacts on local shoreline sand supply. Existing marine structures causing water
stagnation contributing to pollution problems or fish kills should be phased out or
upgraded where feasible.
The City of Carlsbad also has policies within its certified LCP pertaining to shoreline
protective devices, which are detailed below (used as guidance only):
Section 21.204.110 4b of the Coastal Shoreline Development Overlay zone states:
Revetments, breakwaters, groins, harbor channels, seawalls, cliff retaining walls, and
other such construction that alters natural shoreline processes shall be permitted when
required to serve coastal-dependent uses or to protect existing structures or public
beaches in danger from erosion, and when designed to eliminate or mitigate adverse
impacts on local shoreline sand supply Provisions for the maintenance of any
permitted seawall shall be included as a condition of project approval Seawalls
shall be constructed essentially parallel to the base of the bluff and shall not obstruct or
interfere with the passage of people along the beach at any time.
/3
6-09-051
PageS
In addition, The Mello II LUP contains policies that address coastal erosion. Policy 4-1
provides:
(a) Development along the Shoreline
For all new development along the shoreline, including additions to existing
development, a site specific geologic investigation and analysis similar to that
required by the Coastal Commission's Geologic Stability and Bluff Top Guidelines
shall be required; for permitted development, this report must demonstrate bluff
stability for 75 years, or the expected lifetime of the structure, whichever is greater.
Additionally, permitted development shall incorporate, where feasible, subdrainage
systems to remove groundwater from the bluffs, and shall use drought-resistant
vegetation in landscaping, as well as adhering to the standards of erosion control
contained in the Carlsbad Master Drainage Plan. A waiver of public liability shall be
required for any permitted development for which an assurance of structural stability
cannot be provided.
Again, to clarify, the project in its entirety consists of the replacement of an existing and
deteriorated bridge providing southbound access for Carlsbad Boulevard crossing
Encinas Creek and includes the replacement of the existing wing walls and revetment,
both of which serve to protect the bridge and Carlsbad Boulevard. The proposed wing
walls and revetment are located below the Mean High Tide Line and are thus within the
Commission's retained jurisdiction. The remainder of the project, the bridge replacement
itself, is within the City of Carlsbad's permit jurisdiction (and has been approved pursuant
to Carlsbad CDP #09-08) and thus is only included in this review as background
information.
The portion within the Commission's jurisdiction includes the reconfiguration of an
existing pre-Coastal rock revetment. The revetment is necessary to protect Carlsbad
Boulevard from erosion and overtopping by waves during storm events. The proposed
reconfiguration includes augmenting the existing rock as well as supplementing
approximately 650 cubic yards of 4-ton rock, 650 cubic yards of 2-ton rock, and 700
cubic yards of one-quarter-ton rock. The riprap will be added for approximately 118 feet
to the north of the bridge and approximately 149 feet south of the bridge in order to
stabilize the currently eroding roadway embankment. As required by the certified
Environmental Impact Report (EIR), and thus, as proposed by the City, the new riprap
will not extend beyond the limits of the existing riprap.
The current revetment includes rocks that have become dislodged from the revetment,
and are now located on the remaining sandy beach and are thus encroaching upon the
public beach. The revetment also includes various types of debris deposited over time to
supplement the revetment. Most of this debris is made up of materials such as concrete
and rebar, neither of which are considered to be desirable materials for a rock revetment.
As such, the City is proposing to remove the rocks that have fallen and are taking up
useable beach area and to remove all foreign debris from the existing revetment.
6-09-051
Page 9
The Commission's engineering staff have reviewed the proposed project and concur that
the revetment is necessary, is the minimum required, and has been designed appropriately
to address both scour depth and sea level rise and thus, as proposed, will adequately
protect Carlsbad Boulevard.
However, the City failed to address impacts associated with any future maintenance,
improvements, or seaward expansion of the revetment. The reconfiguration of the
revetment with serve to prolong the life of the revetment and as such all potential future
impacts shall be included in the Commission's review. Future impacts may include the
dislodging and/or scattering of revetment rock onto the public beach, resulting in
potential impacts to public safety and public access. As such, Special Condition #5
requires the City to submit as built plans within 60 days of construction completion to
identify the location of the benchmarks from fixed reference point(s) from which the
elevation and seaward limit of the revetment can be calculated. Special Condition #2
requires the City to submit annual monitoring reports to the Commission to determine
settling or seaward movement of the revetment to ensure the revetment continues to be
configured to minimize impacts to public access. Special Condition #3 requires the
applicant to contact the Executive Director if repair or maintenance is necessary to
determine whether a coastal development permit is required, and Special Condition #4
requires the applicant to waive any rights to future seaward extension of the revetment.
Lastly, due to the inherent risk of shoreline development, Special Condition #7 requires
the City waive liability and indemnify the Commission against damages that might result
from the proposed shoreline devices or their construction. This special condition further
requires the City to execute and record a deed restriction on the revetment prior to any
conveyance of the property. The risks-of the proposed development include that the
proposed shoreline devices will not protect against damage to the street from waves,
storm waves, flooding, and erosion. Although the Commission has sought to minimize
these risks, the risks cannot be eliminated entirely. Given that the applicants have chosen
to construct the proposed development despite these risks, the applicant and any future
property owner must assume the risks. All of these special conditions will ensure that the
revetment remains in a configuration that can be considered the least impactive to coastal
resources, consistent with the above cited Chapter 3 policies of the Coastal Act.
4. Public Access. As stated above, the proposed project may result in impacts to
public access. As such, the following Coastal Act policies are applicable and state, in
part:
Section 30210
In carrying out the requirement of Section 4 of Article X of the California
Constitution, maximum access, which shall be conspicuously posted, and recreational
opportunities shall be provided for all the people consistent with public safety needs
and the need to protect public rights, rights of private property owners, and natural
resource areas from overuse.
6-09-051
Page 10
Section 30211
Development shall not interfere with the public's right of access to the sea where
acquired through use or legislative authorization, including, but not limited to, the
use of dry sand and rocky coastal beaches to the first line of terrestrial vegetation.
Section 30212
(a) Public access from the nearest public roadway to the shoreline and along the
coast shall be provided in new development projects except where:
(1) it is inconsistent with public safety, military security needs, or the protection
of fragile coastal resources,
(2) adequate access exists nearby, or,
Section 30212.5
Wherever appropriate and feasible, public facilities, including parking areas or
facilities, shall be distributed throughout an area so as to mitigate against the
impacts, social and otherwise, of overcrowding or overuse by the public of any
single area.
Section 30214
(a) The public access policies of this article shall be implemented in a manner that
takes into account the need to regulate the time, place, and manner of public access
depending on the facts and circumstances in each case including, but not limited to,
the following:
(1) Topographic and geologic site character
ristics.
(2) The capacity of the site to sustain use and at what level of intensity.
(3) The appropriateness of limiting public access to the right to pass and repass
depending on such factors as the fragility of the natural resources in the area and
the proximity of the access area to adjacent residential uses.
(4) The need to provide for the management of access areas so as to protect the
privacy of adjacent property owners and to protect the aesthetic values of the area
by providing for the collection of litter.
6-09-051
Page 11
Section 30252
The location and amount of new development should maintain and enhance
public access to the coast by (1) facilitating the provision or extension of transit-
service, (2) providing commercial facilities within or adjoining residential
development or in other areas that will minimize the use of coastal access roads, (3)
providing nonautomobile circulation within the development, (4) providing adequate
parking facilities or providing substitute means of serving the development with
public transportation,....
The replacement of Encinas Creek Bridge is intended to provide safe transportation along
Carlsbad Boulevard over Encinas Creek. The current bridge is almost 100 years old and
is classified by Caltrans as structurally deficient. Due to the severe deterioration of the
structure, traffic was previously shifted to the east side of the bridge where the girders are
in better condition. Therefore, the replacement of the bridge is necessary to protect
public safety, and thus completion of the project in its entirety will result in an
improvement to public access. Further, the completed bridge will include bike lanes to
facilitate beach access to bicycle-riders. Also, the new bridge will be designed to
accommodate 100-year flood flows, and decrease the number of closures of Carlsbad
Boulevard do to wave and stormwater overtopping the roadway. All of these can be
considered improvements to public access and therefore consistent with the Coastal Act.
However, some potential for impacts to public access are also associated with the
proposed development. Again, the portion of the project specifically within the
Commission's jurisdiction includes the construction of the wing walls, and the
reconfiguration of the existing revetment. The wing walls border and provide support for
a bridge that spans the outlet for Encinas Creek. The revetment is located between
Carlsbad Boulevard and California State Beach lands, for a distance of approximately
270 feet. Carlsbad State Beach Campground is located directly to the north of the site,
and a public beach parking lot housing 34 parking spaces is located directly to the south.
As such, this project location and its surrounding areas can be considered to provide
high-priority public access to the coast.
The project, as proposed, will require the closure of the existing beach parking lot for the
entire four month construction period and includes improvements to a revetment
currently occupying the sandy beach. Both of these may result in potentially significant
impacts to public access. However, the City has included a number of measures to
address these potential impacts. For example, the City proposes to limit all of the work to
a four month window between late January 2010 and Memorial Day. All work has been
prohibited between Memorial and Labor Day, or what is considered to be the peak beach
season. Further, while the City did not propose additional parking to mitigate for the loss
of 34 parking spaces, it did include additional signage directing the public to a dirt lot
located nearby. Further, Special Condition #6 requires that the construction be carried
out as described, thus if the City wants to lift the peak-season ban, or remove the signage
n
6-09-051
Page 12
for the nearby unimproved parking lot, such modifications would require further review
by the Commission. It is important to note that the closure of the parking lot is necessary
for public safety and thus is considered an unavoidable, yet temporary impact. Thus, the
combination of limiting all work to the non-peak summer months of the year and the
increased signage at an existing public lot, provide adequate mitigation for the public
access impacts that will be caused by this project, and it can therefore be found consistent
with the applicable policies of the Coastal Act.
The existing revetment was originally constructed prior to the Coastal Act, and is
necessary to protect Carlsbad Boulevard. However, the revetment is located on sandy
beach, and the renovation of the revetment will extend the lifespan of the revetment, thus
potential impacts to public access need to be reviewed.
As proposed by the City, the revetment will maintain the existing footprint, and will not
encroach any further west. As such, the proposed revetment will not result in any
additional impacts to public access. Furthermore, the City has indicated that currently a
number of revetment rocks have been dislodged and are now encroaching on the sandy
beach beyond the proposed revetment limits. To address this concern, the City proposes
to remove/reuse any of the rock located west of the revetment. In addition, the City has
designed the revetment with a 1.5:1 slope to further limit beach encroachment.
However, the City failed to address impacts associated with any future maintenance,
improvements, or seaward expansion of the revetment. As previously stated, future
impacts may include the dislodging and/or scattering of revetment rock onto the public
beach, and, as such, Special Condition #5 requires the City to submit as built plans within
60 days of construction completion to document that the revetment has been constructed
consistent with approved plans and to identify the location of the benchmarks from fixed
reference point(s) from which the elevation and seaward limit of the revetment can be
documented. Special Condition #2 requires the City to submit annual monitoring reports
to the Commission to determine settling or seaward movement of the revetment to ensure
the revetment continues to be configured to minimize impacts to public access. Special
Condition # 3 requires the applicant to contact the Executive Director if repair or
maintenance is necessary to determine whether a coastal development permit is required,
and Special Condition #4 requires the applicant to waive any rights to future seaward
extension of the revetment. All of these special conditions will ensure that the revetment
remains in a configuration that can be considered the least impactive to public access,
consistent with the above-cited Chapter 3 policies of the Coastal Act.
5. Water Quality and Marine Resources. The Coastal Act has several policies
protection the quality of coastal waters and marine resource and state:
Section 30230
Marine resources shall be maintained, enhanced, and where feasible, restored.
Special protection shall be given to areas and species of special biological or
economic significance. Uses of the marine environment shall be carried out in a
6-09-051
Page 13
manner that will sustain the biological productivity of coastal waters and that will
maintain healthy populations of all species of marine organisms adequate for long-
term commercial, recreational, scientific, and educational purposes.
Section 30231
The biological productivity and the quality of coastal waters, streams, wetlands,
estuaries, and lakes appropriate to maintain optimum populations of marine
organisms and for the protection of human health shall be maintained, and where
feasible, restored, through, among other means, minimizing adverse effects of waste
water discharges and entrainment, controlling runoff, preventing depletion of ground
water supplies and substantial interference with surface water flow, encouraging
waste water reclamation, maintaining natural vegetation buffer areas that protect
riparian habitats, and minimizing alteration of natural streams.
Section 30232
Protection against the spillage of crude oil, gas, petroleum products, or hazardous
substances shall be provided in relation to any development or transportation of such
materials. Effective containment and clean up facilities and procedures shall be
provided for accidental spills that do occur.
The City of Carlsbad also has policies pertaining to water quality and marine resources
that can be used as guidance and state:
Mello II Policy 3-1.2 Environmentally Sensitive Habitat Axeas (ESHA)
Pursuant to Section 30240 of the Coastal Act, environmentally sensitive habitat areas,
as defined in Section 30107.5 of the Coastal Act, shall be protected against any
significant disruption of habitat values, and only uses dependent on those resources
shall be allowed within those areas.
Mello II Policy 3-4 Grading and Landscaping Requirements
f) Development projects should be designed to comply with the following site
design principles:
1. Protect slopes and channels to decrease potential for slopes and/or channels
from eroding and impacting storm water runoff.
3. Preserve, and where possible, create or restore areas that provide important
water quality benefits, such as riparian corridors, wetlands and buffer zones.
Land acquisition of such areas shall be encourages.
6-09-051
Page 14
4. Provide development free buffer zones for natural water bodies.
5. Minimize the amount of impervious surfaces and directly connected
impervious surfaces in areas of new development and redevelopment.
9. Limit disturbances of natural water bodies and natural drainage systems
caused by development including roads, highways, and bridges.
10. Design streets and circulation systems to reduce pollutants associated
with vehicles and traffic resulting from development.
The portion of the project within the Commission's jurisdiction includes only the wing
walls for the bridge and the rock revetment located west of Carlsbad Boulevard and
immediately north and south of Encinas Creek. The proposed project is directly adjacent
to the Pacific Ocean and spans Encinas Creek. Potential impacts to marine resources
exist due to the use of concrete, the removal of debris from the existing revetment, and
excavating into ground water that is below the Mean High Tide Line.
It is anticipated that groundwater will be encountered at a depth of nine feet below the
existing ground surface. Ground water is expected to be encountered during excavation,
especially during high tides or after periods of precipitation. It is likely that groundwater
dewatering practices will be required during construction. The following series of Best
Management Practices (BMPs) are proposed to address these concerns:
• Spoils, trash, or any debris remaining at the site after completion shall be removed
and disposed of at an approved disposal facility
• No equipment refueling shall be located at the construction site outside of the
designated areas. Fueling of construction equipment shall take place on existing
paved roads and not within or adjacent to any drainages, wetlands, or native
habitats.
• "Fueling Zones" shall be designated on construction maps and qualified biologists
shall flag the limits of "fueling zones." These fueling zones shall be located at
least 50 feet from all drainage features and wetlands
« All stockpiled soil should be stored in 55-gallon drums within the roadway (non-
wetland areas).
• Stockpiles shall not remain on-site for more than one week
The City is also requiring a complete Storm Water Pollution Prevention Plan (SWPPP)
for additional site specific concerns. Again, Special Condition #6 requires that the work
either be carried-out precisely as proposed, or requires the City to come forward with the
proposed changes for review and approval by the Commission or Executive Director, if
appropriate. As such, the City is required to carry out all mitigation measures in the
approved manner, thereby eliminating any significant water quality and marine resource
impacts associated with the construction phase of the project.
6-09-051
Page 15
A further concern regarding potential impacts to water quality and marine resources is
associated with the removal of debris that has been previously deposited on top of the
existing revetment. Large pieces of concrete and other materials have been added to the
revetment overtime, The removal of this debris has been included in the project
description. As such, assurances need to be made that the removed debris will be
disposed of properly. Special Condition #1 requires the City to identify the disposal site
for all debris to be removed and if located within the Coastal Zone, evidence of a valid
coastal development permit for the disposal is required.
During construction, Enemas Creek will be temporarily dammed via sheet pilings to
divert water around the bridge and then pumped onto the beach. As such, there is a
potential for impacts to water quality and marine resources is the temporary dam fails
while there are potential pollutants in the construction area. The City has included that
the dam and pump system be monitored during any and all storm events to ensure that
water damming does not reach volumes that could cause the sheet piling to fail. Again,
Special Condition #6 requires the applicant to contact the Coastal Commission should
any project modifications become necessary. As such, the project as conditioned can be
found consistent with the applicable policies of the Coastal Act.
Lastly, the design of the bridge, while not a component of this permit review, will result
in potential benefits to water quality and marine resources. The current bridge is wider
than necessary, and the replacement bridge will be approximately 26 feet less in width,
the result being some land returned back to an undeveloped state and revegetated with
native plants. Further, the replacement bridge will be two feet taller in elevation to
accommodate 100-year flood flows. Currently the bridge does not sit high enough above
the channel to accommodate such flows, which, in combination with the vegetation
naturally existing within the creek, leads to storm-water flows being impeded during
storm events, thereby causing stagnant water to swell east of the bridge. Stagnant water
can lead to significant impacts to water quality and marine resources, such as algal
blooms and fish kills. By designing the replacement bridge to accommodate such flows,
the proposed project will result in improvements to water quality and marine resources
during storm events and is consistent with the Coastal Act.
6. Local Coastal Planning. The portion of the Encinas Creek Bridge replacement
project addressed by this permit review is located in an area of the Coastal Commission's
retained permit jurisdiction, and, as such the Chapter 3 policies of the Coastal Act are the
standard of review. However, all applicable policies contained within the Mello II
Segment of the City's Local Coastal Program have been included as guidance through
this permit review process. Therefore, the Commission finds that approval of the
proposed development, as conditioned, will not prejudice the ability of the City to
continue implementation of its certified LCP.
7. Consistency with the California Environmental Quality Act (CEQA).
Section 13096 of the Commission's Code of Regulations requires Commission approval
of Coastal Development Permits to be supported by a finding showing the permit, as
conditioned, to be consistent with any applicable requirements of the California
6-09-051
Page 16
Environmental Quality Act (CEQA). Section 21080.5(d)(2)(A) of CEQA prohibits a
proposed development from being approved if there are feasible alternatives or feasible
mitigation measures available which would substantially lessen any significant adverse
effect which the activity may have on the environment.
The proposed project has been conditioned in order to be found consistent with the
Chapter 3 policies of the Coastal Act. Mitigation measures, including conditions
addressing the future maintenance and/or reconfiguration of the revetment will minimize
all adverse impacts. As conditioned, there are no feasible alternatives or feasible
mitigation measures available which would substantially lessen any significant adverse
impact which the activity may have on the environment. Therefore, the Commission
finds that the proposed project is the least environmentally-damaging feasible alternative
and is consistent with the requirements of the Coastal Act to conform to CEQA.
STANDARD CONDITIONS:
1. Notice of Receipt and Acknowledgment. The permit is not valid and development
shall not commence until a copy of the permit, signed by the permittee or authorized
agent, acknowledging receipt of the permit and acceptance of the terms and
conditions, is returned to the Commission office.
2. Expiration. If development has not commenced, the permit will expire two years
from the date on which the Commission voted on the application. Development
shall be pursued in a diligent manner and completed in a reasonable period of time.
Application for extension of the permit must be made prior to the expiration date.
3. Interpretation. Any questions of intent or interpretation of any condition will be
resolved by the Executive Director or the Commission.
4. Assignment. The permit may be assigned to any qualified person, provided assignee
files with the Commission an affidavit accepting all terms and conditions of the
permit.
5. Terms and Conditions Run with the Land. These terms and conditions shall be
perpetual, and it is the intention of the Commission and the permittee to bind all
future owners and possessors of the subject property to the terms and conditions.
(G:\San Diego\Reports\2009\6-09-051 EncinasCreek.doc)
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Addendum
November 2,2009
To: Commissioners and Interested Persons
From; California Coastal Commission
San Diego Staff
Subject: Addendum to Th 30c, Coastal Commission Permit Application
#6-09-051 (Carlsbad Bridge Replacement), for the Commission Meeting
of November 5,2009.
Since the time the original staff report was completed, Coastal Commission technical staff
expressed some concerns regarding the size of rock used in the proposed revetment
reconfiguration. The City has since modified their proposal to address these concerns. As
such, the following modifications to the staff report serve to reflect these changes.
Therefore, staff recommends the following changes be made to the above-referenced staff
report:
1. Add the attached schematic to the staff report as Exhibit #5
2. Modify Page 4, Special Condition #5, of the staff report as follows:
5. As Built Plans. Within 60 days of completion of the project, the applicant shall
submit as-built plans for the approved revetment and associated structures and submit
certification by a registered civil engineer, acceptable to the Executive Director, verifying
the revetment and associated structures have been constructed in conformance with the
approved plans for the project (drafted by the City of Carlsbad and received on October 8,
2009). The plans shall also verify that the toe of the revetment does not extend seaward of
the +3' (MSL) elevation and that the upper layer of the revetment includes a mix of two-
ton (45%-50%) and four ton f5Q%-55%\rocks pursuant to Exhibit #5 of this staff report.
The plans shall also identify permanent benchmarlcs from fixed reference point(s) from
which the elevation and seaward limit of the revetment can be referenced for
measurements in the future.
3. Modify the first paragraph of Page 9 as follows:
The Commission's engineering staff have reviewed the proposed project and concur that
the revetment is necessary, io the mimmum-*equired,-and. However the proposed design
did raise some concerns. As proposed, the use of four ton rock would be limited to only •
-09 ,4:24 Fron-619 767 2384 619 767 2384
Addendum to 6-09-051
Page 2
the bottom half of the revetment; the identified concern being that the exclusive use of
smaller two ton rock at the top of the revetment would have a higher probability of being
dislodged from the revetment by wave action, thus resulting in potential impacts to public
access1 public safety, and geologic stability of the revetment the bluff and Carlsbad
Boulevard. As such, the City submitted a revised schematic fref. Exhibit #5) that includes
the use of two and four ton rock equally throughout the top portion of the revetment:
Commission staff lias reviewed the modified plans and concurs that the revetment, as
modified, has been designed appropriately to address both scour depth and sea level rise
and thus, as proposed, will adequately protect Carlsbad Boulevard. Special Condition #5
requires the Citv to submit as built plans within 60 days of project completion confirming
that the project has been constructed per the plans submitted by the City including the
seaward boundary of the revetment at -t-3'.fMSD elevation and the modification to
combine both two and four ton rock on the top portion of the revetment.
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