HomeMy WebLinkAbout2011-03-16; Planning Commission; ; CDP 06-02X1|SUP 04-13X1 - CARLSBAD OPORTUNISTIC BEACH FILL PROGRAMle City of CARLSBAD Planning Division -
A REPORT TO THE PLANNING COMMISSION
P.C. AGENDA OF: March 16, 2011
ItemNo. 0
Application complete date: January 13,2011
Project Planner: Pam Drew
Project Engineer: Clyde Wickham
SUBJECT: CDP 06-02xl/SUP 04-13xl -CARLSBAD OPPORTUNISTIC BEACH FILL
PROGRAM -Request a five-year extension of CDP 06-02 and SUP 04-13 to
allow the continuation of the five-year program that would allow for the
placement of up to 150,000 cubic yards (cy) per year of opportunistic beach fill
(sand) along the Encinas Beach portion of the South Carlsbad State Beach, which
is located on the west side of southbound Carlsbad Boulevard, just north of the
Encinas Creek Bridge, and south of Palomar Airport Road, in Local Facilities
Management Zone 22.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolutions No. 6762 and 6763
APPROVING Coastal Development Permit (CDP 06-02xl) and Special Use Permit (SUP 04-
13xl) based upon the findings and subject to the conditions contained therein.
II. INTRODUCTION
The applicant, City of Carlsbad, is requesting a five year extension of CDP 06-02 and SUP 04-13
to allow the continuation of the opportunistic beach fill (sand) program along the Encinas Beach
portion of the South Carlsbad State Beach, which is located on the west side of southbound
Carlsbad Boulevard, just north of the Encinas Creek Bridge, and south of Palomar Airport Road.
III. PROJECT DESCRIPTION AND BACKGROUND
On May 17, 2006 the Planning Commission adopted the Mitigated Negative Declarat1on (MND)
and Mitigation Monitoring and Reporting Program (MMRP) and approved CDP 06-02 & SUP
04-13 for the five-year Carlsbad Opportunistic Beach Fill Program (the Staff Report,
Resolutions, and Minutes of the May 17, 2006 Planning Commission meeting are included as
Attachment 6). Condition No. 7 of the approving CDP Resolution No. 6069 and Condition No.
five of the approving SUP Resolution No. 6068 specify that CDP 06-02 and SUP 04-13 are
granted for a period of five years (both permits expire on May 17, 2011) but may be extended for
a reasonable period of time not to exceed five years upon written application of the permittee
(City of Carlsbad) and at a noticed public hearing. Staff is recommending a five year extension
to both permits' expiration dates.
The project consists of a five-year program for the City of Carlsbad to pursue opportunities for
obtaining suitable sand to place on the Encinas Beach portion of the South Carlsbad Beach, for
erosion control, recreational benefits, and restoration. The program establishes criteria and
l"\ •,;'
CDP 06-02xl/SUP 04-13xl !ARLSBAD OPPORTUNISTIC BEAclFILL PROGRAM
March 16, 2011
Pae 2
standards for individual beach fill projects to occur at the project site over a five-year period (a
detailed project description is attached to Resolution No. 6069 labeled as Exhibit "A," dated May
17, 2006).
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.
IV. ANALYSIS
There were no opportunistic sand fill opportunities over the past five year period. However, the
city is planning to take advantage of the Opportunistic Beach Fill Program with the Agua
Hedionda Channel Dredge project, which should start later this year. The dredged material would
have to qualify as beach compatible material through laboratory testing. The laboratory testing of
the dredged soil samples will include both chemical and grain size analyses. Upon completion of
the laboratory testing, results will be analyzed for compatibility with the receiver beach site
(Encinas). The results will then be submitted to the U.S. Army Corps of Engineers (USACE),
U.S. Environmental Protection Agency (USEPA), and the California Regional Water Quality
Control Board (CRWQCB) for review and approval. If the local agencies approve the material as
beach compatible material then the beach disposal would occur sometime during the fall and
winter months of this year after Labor Day (the project has been conditioned for no work to occur
between Memorial Day weekend and Labor Day weekend due to heavy use of the beach area
during the summer months).
The Agua Hedionda Channel Dredge project includes dredging approximately _30,000 cubic yards
of material from portions of the Agua Hedionda and Calavera Creek located within and adjacent
to the Rancho Carlsbad Residential Park. The dredging will extend from the Cannon Road
Bridge, just west of El Camino Real, continuing east approximately 4,800 linear feet (If) within
both creeks. Total project construction time is about eight to ten months but the dredging and
disposal would require less time, perhaps three to four months depending upon the weather. This
is not a fast process since the material comes out of the creeks in a wet condition and has to be
handled and then. transported to the disposal site.
Staffs recommendation of approval of Coastal Development Permit (CDP 06-02x 1) and Special
Use Permit (SUP 04-13xl) for a five-year extension of the Carlsbad Opportunistic Beach Fill
Program is based on the project's consistency with the applicable city regulations and policies as
discussed in the staff report for CDP 06-02/SUP 04-13, dated May 17, 2006.
After careful consideration of the circumstances surrounding this request, it has been determined
that (1) there has been no change of circumstances in relation to coastal resources, (2) the project
is still in compliance with the Coastal Development Permit and Special Use Permit regulations,
and (3) that the findings required for granting a Coastal Development Permit and Special Use
Permit extension can be made based on the following findings:
CDP 06-02x I/SUP 04-13x 1 -'ARLSBAD OPPORTUNISTIC BEAC' FILL PROGRAM
March 16, 2011
Pae 3
1. All of the findings contained in Planning Commission Resolution Nos. 6067, 6068 and
6069, dated May 17, 2006, for the project's MND, CDP (06-02) and SUP (04-13)
apply to this extension and are incorporated herein by reference and remain in effect.
2. That the five-year extension (from May 17, 2011 to May 17, 2016) is appropriate
because the Opportunistic Beach Fill Program will: 1) provide an environmental
benefit by re-nourishing the loss of sand within the Oceanside Littoral Cell; 2) assist
in the preservation and protection of the coastal beach: 3) place sand on the beach
to replenish beaches eroded from previous coastal flooding; 4) increase protection of
public property and infrastructure; and 5) enhance the opportunities for
recreational use of the site.
3. That such permits and approvals as extended are consistent with the requirements of Title
21 of this code at the time of their extension.
V. ENVIRONMENTAL REVIEW
On May 17, 2006 the Planning Commission adopted the MND and MMRP for the Carlsbad
Opportunistic Beach Fill Program (on file in the Planning Division). The MND evaluated the
potential environmental effects of the Program pursuant to the California Environmental Quality
Act (CEQA). The Planning Director has determined that the project complies with and remains
within the scope of the prior environmental document (Resolution No. 6067, dated May 17,
2006), and that the project has no new significant environmental effects not analyzed in the prior
MND. Therefore, no further CEQA compliance is required.
ATTACHMENTS:
1. Planning Commission Resolution No. 6762 (CDP)
2. Planning Commission Resolution No. 6763 (SUP)
3. Location Map
4. Disclosure Form
5. Background Data Sheet
6. Staff Report, Planning Commission Resolution Nos. 6067, 6068 and 6069 and Minutes of
the May 17, 2006 Planning Commission Meeting
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SITE MAP
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NOT TO SCALE
Carlsbad Opportunistic Beach Fill Program
CDP 06-02x1 / SUP 04-13x1
«~~ ~ CITY OF
DISCLOSURE
STATEMENT
P-1(A)
Development Services
Planning Department
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov CARLSBAD
Applicant's statement or disclosure of certain ownership interests on all applications which will
require discretionary action on the part of the City Council or any appointed Board, Commission
or Committee. ·
The following information MUST be disclosed at the time of application submittal. Your project
cannot be· reviewed until this information ·is completed. Please print. ·
1. APPLICANT (Not the applicant's agent)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having a
financial interest in the application. If the applicant includes a corporation or partnership.
include the names, titles, addresses of all individuals owning more than 10% of the
shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE
INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned
corporation, include the names, titles, and addresses of the corporate officers. (A
separate page may be attached if necessary.)
Person ~ _Jarrf2-Corp/Part. __________ _
Title A551Jc14, E;y,fU-6k: Title ____________ _
Address 7'1t?J i1M-AH= C,w-l06ct:f Address _________ _
'?W0/3
2. OWNER (Not the owner's agent)
P-1 (A}
Provide the COMPLETE, LEGAL names and addresses of ALL persons having any
ownership interest in the property involved. Also, provide the nature of the legal
ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the
ownership includes a corporation or partnership, include the names, titles, addresses of
all individuals owning more than· 10% of the shares. IF NO INDIVIDUALS· OWN MORE
THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE
SPACE BELOW. If a publicly-owned corporation, include the names, titles, and
addresses of the corporate officers. (A separate page may be attached if necessary.)
Person BR.t.6.>-J. ~E.TTe.rz.e:e.. Corp/Part CALt!='oR'N.\A, STAT-e:: J?A'J2-'!C-j
Title Se.c.-rol2. Se>pE-~11'1.TE.NDE..~T Title _____________ _
Address 2<.:.Bo CARL!:>6Ao B"-vo Address -------------
C...6.12.L.:S.BAD , ~A 9 2608 ,
Page 1 of 2 Revised 04/09
3. NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust,
list the names and addresses of ANY person serving as an officer or director of the non-
profit organization or as trustee or beneficiary of the.
Non Profit/Trust.________ Non Profit/Trust'------------
Title____________ Title _____________ _
Address. __________ _ Address ____________ _
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staff, Boards, Commissions, Co'mmittees and/or Council within the past twelve (12)
months?
D Yes IX] No If yes, please indicate person(s): ___________ _
NOTE: Attach additional sheets if necessary.
I certify that all the above information is true and correct to the best of my knowledge.
~,,(~.if' N,-ao,; -~-~-----
Signature;6i owner/date Signa)t1re ~plicant/date
Print or type name of owner Print or type name of applicant
Signature of owner/applicant's agent if applicable/date
Print or type name of owner/applicant's agent
P-1(A) Page 2 of 2 Revised 04/09
tlACKGROUNDDATASHEET -
CASE NO: CDP 06-02xllSUP 04-13xl
CASE NAME: CARLSBAD OPPORTUNISTIC BEACH FILL PROGRAM
APPLICANT: -=C=ity,L......::::..:of'-'C=ar=l=sb=a=d'-----------------------
REQUEST AND LOCATION: Request a five-year extension of CDP 06-02 and SUP 04-13 to
allow the continuation of the program that would allow for the placement of up to 150,000 cubic
yards (cy) per year of opportunistic beach fill (sand) along the Encinas Beach portion of the
South Carlsbad State Beach, which is located on the west side of southbound Carlsbad
Boulevard, just north of the Encinas Creek Bridge, and south of Palomar Airport Road, in Local
Facilities Management Zone 22.
LEGAL DESCRIPTION: A Parcel of land being Rancho Agua Hedionda portion of 14.22
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
official plat.
APN: 211-030-29 Acres: 14.22 Proposed No. of Lots/Units: =-N:.:....:IAc..::...._ ________ _
GENERAL PLAN AND ZONING
Existing Land Use Designation: -=O-=Sc..,{...:::O:..,1:p:...::.en=-=S..:.p=ac::...:ec.,...) _______________ _
Proposed Land Use Designation: -=O-=S_.(-=O---=p-=en=-=S...,_pa=c'-=e..,__) ______________ _
Density Allowed: =-N:.:....:IA'-=--------
Existing Zone: O-S (Open Space)
Density Proposed: =-N"-'I A'-=------------
Proposed Zone: O-S (Open Space)
Surrounding Zoning, General Plan and Land Use:
Zoning General Plan Current Land Use
Site O-S OS Public Beach
North O-S OS Public Beach
South O-S OS Public Beach
East O-S &RMHP OS&RMH Carlsbad Blvd. & Residential east
of Carlsbad Blvd.
West NIA NIA Pacific Ocean
LOCAL COASTAL PROGRAM
Coastal Zone: ~ Yes D No Local Coastal Program Segment: ~M=e~ll~o~II--~---
Within Appeal Jurisdiction: ~ Yes D No Coastal Development Permit: ~ Yes D No
Local Coastal Program Amendment: D Yes ~ No
Existing LCP Land Use Designation: OS Proposed LCP Land Use Designation:-=O-=S __ _
Existing LCP Zone: _O_-S ______ _ Proposed LCP Zone: ~O--S~-------
Revised O 1/06
PUBLIC FACILITIES
School District: Carlsbad Water District: Carlsbad Sewer District: Carlsbad ~==~------
Equivalent Dwelling Units (Sewer Capacity): =--N"--'/A'-=-----------------
ENVIRONMENTAL IMPACT ASSESSMENT
D Categorical Exemption, _____________________ _
C8'.] Mitigated Negative Declaration, adopted ~M_a_,_y_1_7~, _2_00_6~-----------
D Certified Environmental Impact Report, dated ______________ _
D Other, ________________________ _
Revised O 1/06
• -The City of Carlsbad Planning Department ·
A REPORT TO THE PLANNING COMMISSION
P.C. AGENDA OF: May 17, 2006
ItemNo. 0
Application complete date: March 30, 2005
Project Planner: Jennifer Jesser
Project Engineer: Steve Jantz
SUBJECT: SUP 04-13/CDP 06-02 -CARLSBAD OPPORTUNISTIC BEACH FILL
PROGRAM -Request for adoption of a Mitigated Negative Declaration and
Mitigation Monitoring an~ Reporting Program, and approval of a_ Special Use
Permit and Coastal Development Permit to establish a 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 the Encinas Beach portion of the South
Carlsbad State Beach, which is located on the west side of Carlsbad Boulevard
and south of Palomar Airport Road, in Local Facilities Management Zone 22.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 6067
ADOPTING a Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program, and ADOPT Planning Commission Resolutions No. 6068 and 6069 APPROVING a
Special Use Permit (SUP 04-13) and Coastal Development Permit (CDP 06-02) based on the
findings and subject to the conditions contained therein.
II. INTRODUCTION
The proposed project is a request for approval of a Special Use Permit (SUP) and Coastal
Development Permit (CDP) to establish a program that will allow for the placement of up to
150,000 cy per year of beach fill along South Carlsbad State Beach (north of the mouth of
Encinas Creek and south of Palomar Airport Road). The primary purpose of the project is to
supplement ongoing efforts 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). As designed and conditioned, the project is consistent with all applicable
standards and policies and the necessary findings to approve the project can be made.
III. PROJECT DESCRIPTION AND BACKGROUND
The project consists of a 5-year program. for the City of Carlsbad to pursue opportunities for
obtaining suitable sand to place on South Carlsbad Beach (west of Carlsbad Boulevard, south of
Palomar Airport Road, and north of the mouth of the Encinas Creek) for erosion control,
recreational benefits, and restoration. In short, the program establishes criteria and standards for
individual beach fill projects to occur at the project site over a 5-year period. Table A, below,
summarizes the program components (a detailed project description is provided in Exhibit "A"
attached to Planning Commission Resolution No. 6069).
. • -SUP 04-13/CDP 06-02-CARLSBAD OPPORTUNISTIC BEACH FILL PROGRAM
May 17, 2006
Pa e2
Table A
p s ro~ram ummary
Program Description Component
Maximum of 150,000 cubic yards of sand/year
Criteria for sand Maximum proportion of fine-grained particles ( or fines, defined as silts and clays
quantities and passing through the number 200 sieve) is 25% with the remainder 75% sand during
quality the winter season (September 15 to March 15), and maximum 15% fines in the
spring/summer season.
Up to annual maximum of 150,000 cy during fall/winter season (preferable season
for sand placement because natural sediment delivery to the beach occurs more
Seasonal limitations during the wet fall/winter season) ·
on time of No more than 40,000 cy during spring (Mar 15 -last Monday in May, Memorial
placement Day)
No more than 10,000 cy during late summer (first Monday in Sept, Labor Day -
Sept. 15)
Criteria for beach Placement of fill within the surf zone, or as a beach berm, or sand dike fill design
Construction Construction of a beach access ramp (from beach fill material), truck/equipment
requirements operations, etc.
Environmental Monitor for grunion, turbidity, beach profiles, surf conditions monitoring program
Public notice Each fill project must receive a Consistency Determination from the Planning
process Director, which includes a requirement to notify the public of the proposed project
The project site is a coastal beach, which is designated on the Flood Insurance Rate Map as Zone
VE (coastal flood -Special Flood Hazard Area Inundated by 100-Year Flood). Approval of a
Special Use Permit (SUP) is required because the project involves placement of temporary fill
within a special flood hazard area.
In addition, a portion of the project site (the portion above the mean high tide line) is located
within the City's permit jurisdiction of the Local Coastal Program (Mello II Segment). The
portion of the project that occurs below the mean high tide line is within the permit jurisdiction
of the California Coastal Commission. Therefore, the City must approve a Coastal Development
Permit (CDP) for the portion of the project located above the mean high tide line, and the Coastal
Commission must grant a CDP for the portion located below the mean high tide line.
The proposed project is subject to the following:
A. General Plan Open Space (OS) land use designation;
B. Open Space Zone (Chapter 21.33 of the Carlsbad Municipal Code);
C. Floodplain Management Regulations (Chapter 21.110 of the Carlsbad Municipal
Code);
D. Coastal Zone regulations and policies (Coastal Development Permit Procedures -
Chapter 21.201 of the Carlsbad Municipal Code, Coastal Resource Protection
Overlay Zone -Chapter 21.203 of the Carlsbad Municipal Code, Coastal
Shoreline Development Overlay Zone -Chapter 21.204 of the Carlsbad Municipal
Code, and Local Coastal Program (LCP) Mello II Segment).
_,. • -SUP 04-13/CDP 06-02-CARLSBAD OPPORTUNISTIC BEACH FILL .. PROGRAM
May 17, 2006 .
Pa e 3
IV. ANALYSIS
Staffs recommendation of approval for the Special Use Permit and Coastal Development Permit
is based on the project's consistency with the applicable City regulations and policies. The
project involves the placement of fill material along the beach and within the Pacific Ocean,
which is a highly sensitive environmental resource. Therefore, the primary focus of the project
design and analysis was centered on ensuring the project will not result in a significant adverse
impact to the coastal environment (the purpose of the project is to provide an environmental
benefit by renourishing the loss of sand within the Oceanside Littoral Cell).
The project's environmental benefits, potential impacts, a~d mitigation measures are summarized
in Exhibit "A" attached to Planning Commission Resolution No. 6069, and discussed in more
detail in the Environmental Impact Assessment attached to Planning Commission Resolution No.
6067. The analysis discussed below is focused on the project's consistency with the General
Plan, Zoning, and Local Coastal Program regulations and policies.
A. General Plan
The project site is designated as OS (Open Space) on the General Plan Land Use Map. All land
designated OS is subject to the policies of the General Plan Open Space and Conservation
Element. The project site is a coastal beach, which falls into Open Space Category 1 (Open
Space for Preservation of Natural Resources). The placement of sand on the beach, as proposed
by the beach fill program, will assist in the preservation and protection of the coastal beach. The
project is also consistent will all other applicable General Plan policies.
B. Open Space Zone
The project site is zoned O-S (Open Space). The project is consistent with and will not change
the existing use of the site as a public beach, which is a permitted use in the zone. No structures
will be constructed as part of the project; therefore, the development standards in the zone for
building height and setbacks, etc. do not apply to this project.
C. Floodplain Management Regulations
The project site is identified as being within Special Flood Hazard Zone VE ( coastal flood -
Special Flood Hazard Area Inundated by 100-Year Flood). Approval of a Special Use Permit
{SUP) is required because the project involves placement of temporary fill within a special flood
hazard area. The purpose of the SUP is to review the project for protection of public health,
safety and welfare and to minimize public and private losses due to flooding.
The site's flood hazard zone (VE) is due to potential flooding from the ocean and coastal waves.
The following excerpt from the "EIS/EIR -Encinitas and Solana Beach Shoreline Protection
Project" summarizes the shoreline erosion that has occurred over time due to coastal flooding,
and that placement of sand on the beach is one method to replenish and protect beaches from
further erosion:
"Erosion of the beaches and coastal bluffs in the San Diego region has occurred at
a faster than natural rate over the past several decades. As a result, the incidents
• -SUP 04-13/CDP 06-02 -CARLSBAD OPPORTUNISTIC BEACH FILL.PROGRAM
May 17, 2006
Pae 4
of wave-induced flooding and structural damages have increased significantly in
the last 10 to 20 years from a combination of factors, and these incidents are
projected to increase in the future based on the Coast of California Storm and
Tidal Waves Study conducted by the US Army Corps of Engineers (USACE
1991 ). Without the historic replenishment from inland sand sources, shoreline
erosion has narrowed the beaches and depleted them of sand, thus increasing the
vulnerability of coastal bluffs to erosion from waves. In addition, water
infiltration from rainfall and landscape irrigation has contributed to bluff top
erosion, and has been a factor in bluff failures (e.g., slumping, block falls) in
localized areas. These events have resulted in the loss of life and significant
damages to public and private property. During major storm events~ waves and
rocks have overtopped the revetments built to protect the low lying areas, causing
flooding and other damages to local businesses, including the closure of coastal
Highway 101, an emergency route identified by the Office of Homeland
Security."
Various studies have been conducted (by such agencies as USACE, and San Diego Association
of Governments (SANDAG)) in response to growing concerns for protecting property from
coastal flooding and reestablishing natural coastal resources. One of the primary potential
solutions identified is the placement of sand on the beaches. Placement of sand on the beach (as
proposed by this project) replenishes beaches eroded from previous coastal flooding, and
increases protection of public property and infrastructure (e.g., adjacent coastal bluff and
roadway). The placement of sand on the beach will not result in a hazard to public health, safety
and welfare due to flooding.
D. Coastal Zone Regulations and Policies
• Coastal Development Permit Procedures -Chapter 21.201 of the Carlsbad Municipal Code
The project site is located within the Coastal Zone, and within the Mello II Segment of the City's
Local Coastal Program. Pursuant to Section 21.201.070 of the Carlsbad Municipal Code, the
placement of berms of sand on a beach or in coastal waters is a repair and maintenance activity
that requires approval of a coastal development permit.
A portion of the project site (the portion above the mean high tide line) is located within the
City's coastal development permit jurisdiction. The portion of the project that occurs below the
mean high tide line is within the permit jurisdiction of the California Coastal Commission.
Therefore, the City must approve a coastal development permit (CDP) for the portion of the
project located above the mean high tide line, and the Coastal Commission must grant a CDP for
the portion located below the mean high tide line.
• Coastal Resource Protection Overlay Zone -Chapter 21.203 of the Carlsbad Municipal Code
The Coastal Resource Protection Overlay Zone (CRPOZ) applies to the project site. The
purpose of the overlay zone is to protect the habitat resource values of City's lagoons and steep
sloping hillsides. The overlay zone specifies regulations to protect the lagoons from
development impacts ( e.g., runoff from grading and/or steep slope erosion). The regulations are
--SUP 04-13/CDP 06-02-CARLSBAD OPPORTUNISTIC BEACH FILL l'ROGRAM
May 17, 2006
Pae 5
intended to reduce potential soil erosion and maintain the vegetative cover on steep slopes, and
are applicable primarily to projects that involve the development of structures.
The proposed project does not involve the development of any permanent structures. The project
does include the construction of a temporary access ramp (from beach fill material) over the
existing coastal slope (8 -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 the construction of the ramp would not impact the
stability of the existing slope, and would actually have a buttressing effect that would provide
temporary protection from high waves. To ensure that the slope stability is protected during
construction activities, conditions of approval are proposed to protect the outer edge of the slope
from -heavy equipment, and to require erosion control measures during construction in
accordance with City regulations (i.e., Stormwater Ordinance, SUSMP, JURMP, etc.).· As
proposed, the project will not impact the lagoons or other coastal resources, and does not conflict
with any requirement of the CRPOZ.
• Coastal Shoreline Development Overlay Zone -Chapter 21.204 of the Carlsbad Municipal
Code
The Coastal Shoreline Overlay Zone (CSOZ) applies to properties within the Mello II Segment
of the Local Coastal Program located between the sea and the first public road, which includes
the project site. However, the development regulations of the CSOZ are not directly applicable
to the project. The regulations apply to the development of non-beach land uses (i.e. stairs from
a bluff top down to the beach, parking lots, lifeguard towers, picnic facilities, trash containers,
etc.) on the beach, and to development near the beach. The regulations specify requirements for
building setbacks from the ocean, and regulations that ensure development does not impact
public access to the beach.
The purpose of the CSOZ is to "maintain the shoreline as a unique recreational and scenic
resource ... " The proposed beach fill program is essentially maintenance and enhancement of the
existing beach. No new land uses or construction of any structures ( other than sand berms and a
temporary access ramp constructed from the beach fill material) are proposed. The project will
not impact access to the beach, and is consistent with the CSOZ's purpose to maintain the beach
as a recreational and scenic resource.
As stated above, the CSOZ specifies standards to ensure development does not impact public
access to the beach. Protecting public access to the beach and ocean is also a Coastal Act policy.
During beach fill construction activities, public access to the beach would be restricted in the
area of construction. The length of time required for each beach fill project would depend on the
amount of sand involved in the project.
The program limits the amount of sand to be placed on the beach to 20,000 cy per week.
Therefore, it can be anticipated that public access to the beach fill site would be restricted for 1-
week per each 20,000 cy of sand being placed on the beach. For example, the initial beach fill
amount in the winter is limited to 30,000 cy, which would result in restricting access to the beach
for approximately 1.5 weeks. As a worst-case scenario, if the entire permitted annual fill amount
(150,000 cy) was placed on the beach during a single beach fill project, access to the beach
would be restricted for approximately 7.5 weeks. ·
---SUP 04-13/CDP 06-02 -CARLSBAD OPPORTUNISTIC BEACH FILL PROGRAM
May 17, 2006
Pae 6
The public's use of the beach is highest during the summer months (June -August); therefore,
no beach fill projects will be permitted during the summer months. This restriction will
minimize potential impacts to public access and recreational use of the beach. A late summer fill
option (first two weeks of September) would be the only exception, and is limited to I 0,000 cy,
which would impact beach access for less than a week.
Although the project will temporarily impact public access to the beach, an adequate sand supply
on the beach is essential to satisfying the access and recreation policies of the City and Coastal
Act. During the time the sand remains on the beach, the public will have the benefit of wider
sandy beaches, and any· sand deposited on the beach will become part of the littoral cell system.
The potential benefits of the program outweigh the temporary impacts to public access at the
beach fill site. In addition, beach access in the City ·would never be completely restricted.
During a beach fill project, the public will continue to have access to beaches north and south of
the project site.
• Local Coastal Program (LCP) Mello II Segment
The proj~ct is also consistent with the policies of the LCP Mello II Segment. Policy 4-l(a) of the
Mello II Segment land use policies states that the City should pursue measures that address the
causes and cures of beach shoreline erosion. The proposed beach fill program will help to
reduce sand erosion along the Oceanside Littoral Cell shoreline. The placement of sand on the
beach will also enhance the opportunities for recreational use of the site.
E. Other Agency Permits
In addition to the City's approval of the project, the proposed beach fill program must also
receive permits/authorization from the following agencies:
• California Coastal Commission (CCC)-Coastal Development Permit
• California Department of Parks and Recreation (CDPR)-Encroachment Permit
• California State Lands Commission (CSLC) -Lease of State Land
• Regional Water Quality Control Board (RWQCB)-Section 401C Certification
• U.S. Army Corps of Engineers (USACE)-Sections 10 and 404 Permit
Staff is currently in the process of preparing and submitting these peTI?it applications.
V. ENVIRONMENTAL REVIEW
One of the components of the project proposal is a request for adoption of a Mitigated Negative
Declaration (MND) for the beach fill program. A detailed description of the program, potential
environmental impacts, and proposed mitigation measures are contained in the Environmental
Impact Assessment Form -Part II and Mitigation Monitoring and Reporting Program attached to
Planning Commission Resolution No. 6067. The MND analyzed the program, which will allow
for future individual beach fill projects to occur over a 5-year period.
The environmental impact assessment identified potential significant environmental impacts
associated with Biological Resources, Hydrology/Water Quality, and Transportation/Traffic.
--SUP 04-13/CDP 06-02-CARLSBAD OPPORTUNISTIC BEACH FILL PROGRAM
May 17, 2006
Pae 7
Table B, below, summarizes the potential impacts and mitigation measures (for more detailed
information on the potential environmental impacts and mitigation, see the Environmental
Impact Assessment and Mitigation Monitoring and Reporting Program attached to Planning
Commission Resolution No. 6067).
Table B
P t f IE o en 1a nv1ronmen a mpac s an l Iga IOn t II t d M'f f S ummary
Potentially Significant Impact Mitigation Measure
(reducin2 impacts to less than si2nificant)
Biological Resources -
California grunion spawn on sandy beaches in the San Diego
region between March and August and have the potential to be Grunion monitoring will occur before construction,
affected by the beach fill project. The grunion spawn during and if present, during construction. If grunion are
middle-of-the-night spring high tides, and their eggs incubate present, beach nourishment will only occur above
in the sand and hatch in approximately 2 weeks when the next the spring high tide line/kelp line or in the nearshore
spring high tide occurs. Grunion have the potential to be until spawning season is over.
impacted by beach fill activities if the eggs are buried by beach
fill material, thus preventing ee:e:s from hatching.
Hydrology/Water Quality-Turbidity monitoring, along with the sand quality
Water conditions in the project area are typically clear, with and placement rate restrictions, will reduce potential
occasional storms causing turbidity. The project may cause a water quality impacts to a level of less than
low-level turbidity plume in the water, but the condition will be significant.
short-lived and should diminish immediately when construction
activities are halted. The project is designed to restrict the fines Turbidity will be monitored throughout construction
content of the beach fill material to 25% maximum during to qualify the effect on ocean water clarity from the
winter placement and.15% during spring/summer placement, project. If monitoring indicates excessive turbidity
and sand placement rates on the beach will be restricted based for a prolonged period then placement should be
on the season to replicate nature as closely as possible. halted or modified to reduce turbidity.
Transportation/Traffic -A traffic control plan approved by the City traffic Truck transport of sand to the project site may increase hazards engineer will be required for sand delivery to the along haul routes and at the beach site during construction due site. to conflict between people and trucks.
With the mitigation measures contained in the environmental documents, all potentially
significant environmental impacts have been reduced below a level of significance. The
environmental impact assessment and draft Mitigated Negative Declaration was circulated on
February 2, 2006 for the mandated 30-day public review period. As of preparation of this staff
report, no comments were received.
ATTACHMENTS:
1. Planning Commission Resolution No. 6067 (Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program)
2. Planning Commission Resolution No. 6068 (SUP)
3. Planning Commission Resolution No. 6069 (CDP)
4. Location Map
5. Background Data Sheet
6. Disclosure Statement
(~~ CITY OF
~· CARLSBAD
ERRATA SHEET FOR AGENDA ITEM #4
Memorandum
March 16, 2011
To: Planning Commission
From: Pam Drew, Associate Planner
Via Don Neu, Planning Director
Re: Errata Sheet for Agenda Item #4 -CDP 06-02x1/SUP 04-13x1 -CARLSBAD
OPPORTUNISTIC BEACH FILL PROGRAM
Staff is recommending that the Planning Commission include the following language to Exhibit
A -Section J.4.a. of Section J "Process to Implement Individual Opportunistic Beach Fill Projects
after Program Approval" (page 11). The additional requirement is underlined below:
The application shall include information that demonstrates how the project complies
with CEQA's Regulations on analyzing green house gas (GHG) emissions and 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.
In addition, please include the attached Addendum dated March 16, 2011 to the EIA Part II with
the staff report.
Community & Economic Development
1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2710 I 760-602-8560 fax
March 16, 2011
Addendum to EIA Part II -CDP 06-02x1/SUP 04-13x1 -CARLSBAD OPPORTUNISTIC
BEACH FILL PROGRAM
The Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program
(MMRP) for CDP 06-02/SUP 04-12 -Carlsbad Opportunistic Beach Fill Program was adopted
by the city's Planning Commission (Resolution No. 6067) on May 17, 2006 after a 30-day public
review period (SCH # 2001091126). A condition of approval for both the CDP and SUP stated
that the permits may be extended up to five years. The city will be requesting the extension at
the March 16, 2011 Planning Commission meeting.
Furthermore, the Planning Director has determined that the program complies with and remains
within the scope of the prior environmental document, and that the program has no new
significant environmental effects not analyzed in the prior MND.
When the program was approved in 2006, Assembly Bill (AB) 32, the Global Warming Solutions
Act, was not signed into law and therefore the MND did not analyze greenhouse gas (GHG)
emissions. The program develops technical criteria for beach compatibility and is focused on
taking advantage of beach quality material which would normally be exported from a
development site. The program allows beach quality sand to be placed on the South Carlsbad
State Beach, however it is not known at this time what impacts individual, as yet unspecified
projects would have on GHG emissions.
A meaningful analysis of GHG emissions would be feasible at the time individual sites are
identified, when the amount of material that can be used for beach nourishment is determined,
and the number of truck trips necessary to transport the material to the identified beach
nourishment site is known. Carlsbad will require the developers of discrete development
projects to comply with the CEQA requirement to analyze GHG emissions. This will be
accomplished by the addition of language to Section J.4.a. of Section J "Process to Implement
Individual Opportunistic Beach Fill Projects after Program Approval" of Attachment A to the staff
report dated March 16, 2011. The additional requirement is underlined below:
The application shall include information that demonstrates how the project
complies with CEQA's Regulations on analyzing green house gas (GHG)
emissions and 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.
Section 15073.5(c)(4) of the CEQA Guidelines indicates that recirculation of the MND is not
required where new information added to the MND merely clarifies, amplifies, or makes
insignificant modifications to the MND. The language added to Attachment A merely amplifies
the city's cognizance of the current requirement to analyze greenhouse gas emmissions and
clarifies that that analysis will be required once sufficient information is available for that
purpose. Therefore, the MND does not require recirculation based on guidance provided in
CEQA Guidelines Section 15073.5(c)(4).