Loading...
HomeMy WebLinkAboutPCD/GPC 91-01; Carlsbad Boulevard Seawall; Planning Comm Determ/Gen Plan Consis (PCD/GPC) (2)STATE OF CALIFORNIA—THE RESOURCES AGENCY PETE WILSON, Governor CALIFORNIA COASTAL COMMISSION SAM DIEGO COAST AREA 3111 CAMINO DEL RIO NORTH, SUITE 200 SAN DIEGO, CA 92)08-1725 (619) 521-8036 Filed: 49th Day: 180th Day: Staff: Staff Report: Hearing Date: August 19, 1994 Waived February 15, 1995 BP-SD October 26, 1994 November 15-18, 1994 STAFF REPORT: CONSENT CALENDAR Application No.: 6-94-91 Applicant: City of Carlsbad Agent: Pat Entezari Description:Construction of approximately a 3,185-ft. long seawall (2,800 feet of cantilevered steel sheet pile seawall and one 385-ft-long revetment) with three access ramps and two stairways for beach access and other public facilities. The sheet pile seawall consists of a concrete cap and toe stone with the exposed portion of the wall proposed at 3.5' above beach level. The revetment is proposed at the north end of the project area and would tie into an existing jetty. Zoning Plan Designation Open Space Open Space Site:Carlsbad Boulevard from Agua Hedionda bridge to 200 feet south of SDG&E's warm water jetty, Carlsbad, APN 210-01-13-33 STAFF NOTES: On November 12, 1991 the Commission approved what is basically the above project. In its action to limit beach encroachment on this heavily used beach from the shoreline protective device proposed at that time, the Commission deleted the proposed south revetment and required its redesign to a vertical seawall. The above project reflects the Commission's action. However, the permit expired and the approved project is before the Commission as a new application. Staff is recommending approval of the project subject to the prior special conditions the Commission approved. Summary of Staff's Preliminary Recommendation: Staff is recommending approval of the proposed development subject to a number of special conditions regarding project timing and staging; design and materials, future maintenance, construction and staging concerns, assumption of risk, State Lands Commission review, State Department of Parks and Recreation review, and an assertion of public rights. Substantive File Documents:Certified Carlsbad Local Coastal Program Mello II segment, Feasibility Study, Carlsbad Boulevard Shore Protection, Carlsbad Beach State Park - Area 3 (August 1988); Design Memorandum, Carlsbad Boulevard Shore Protection, City of Carlsbad (August 1993); COP #6-91-60 6-94-91 page 2 The staff recommends the Commission adopt the following resolution: I. Approval with Conditions. The Commission hereby grants a permit for the proposed development, subject to the conditions below, on the grounds that the development, as conditioned, will be in conformity with the adopted Local Coastal Program, and will not have any significant adverse impacts on the environment within the meaning of the California Environmental Quality Act. II. Special Conditions. The permit is subject to the following conditions: 1. Storm Design. Prior to the issuance of the coastal development permit, the applicants shall submit certification by a registered civil engineer, acceptable to the Executive Director, that the approved shoreline protective device is designed to withstand storms comparable to the winter storms of 1982-83. Said certification shall be subject to the review and written approval of the Executive Director. Within 60 days following the completion of the project, the applicants shall submit certification by a registered civil engineer, acceptable to the Executive Director, verifying that the shoreline protective work has been constructed in conformance with the final approved plans for the project. 2. Maintenance Activities/Future Alterations. Maintenance of the protective works shall be the responsibility of the applicant, unless responsibility is assumed by the State Department of Parks and Recreation. Any change in the design of the project or future additions/reinforcement of the seawall will require a coastal development permit. If after inspection, it is apparent that repair or maintenance is necessary, the applicant(s) shall contact the Commission office to determine whether permits are necessary. The applicants shall also be responsible for the removal of debris that is deposited on the beach or in the water during or after construction of the shoreline protective device or as a result of the failure of the shoreline protective device. 3. Construction Materials. Disturbance to sand and intertidal areas shall be minimized. Beach sand excavated shall be redeposited on the beach. Local sand or cobbles shall not be used for backfill or construction material. 4. Construction Easement. Prior to the issuance of the coastal development permit, the applicant shall submit an executed construction easement from the State Department of Parks and Recreation which indicates their approval of the applicant's proposed work, the construction schedule and construction access and staging plans as they affect State Parks property. If the final easement is not consistent with the Commission's approval, an amendment would be required to reconcile any proposed work. 5. Hold Harmless Agreement. Prior to the issuance of the coastal development permit, the applicant shall submit a signed document which shall 6-94-91 page 3 indemnify and hold harmless the California Coastal Commission, its officers, agents and employees against any and all claims, demands, damages, costs, expenses of liability arising out of the acquisition, design, construction, operation, maintenance, existence, or failure of the permitted project. 6. Construction Access and Staging Areas/Project Timing. Prior to the issuance of the coastal development permit, the applicant shall submit to the Executive Director for review and written approval, a construction schedule and construction access and staging plans. The Executive Director shall review the submitted documents to insure: a) that construction activities are prohibited between Memorial Day and Labor Day of any year; b) that all construction staging, storage of materials, and other construction related activities in support of the project shall occur only within the two (2) areas immediately north and south of the SDG&E warm water outlet jetty and be appropriately fenced and protected for public safety; and, c) that two-way traffic, north and south, will be available on Carlsbad Boulevard at all times during construction. 7. State Lands Commission Review. Prior to issuance of the coastal development permit, the applicant shall obtain a written determination from the State Lands Commission that: a. No State lands are involved in the development; or, b. State lands are involved in the development, and all permits required by the State Lands Commission have been obtained; or, c. State lands may be involved in the development, but pending a final determination, an agreement has been made with the State Lands Commission for the project to proceed without prejudice to that determination. IV. FINDINGS AND DECLARATIONS. The Commission finds and declares as follows: 1. Project Description. The applicant proposes the construction of an approximately 3,185-ft. long seawall (2,800 feet of cantilevered steel sheet pile seawall and one 385-ft-long revetment) with three access ramps and two stairways for beach access and other public facilities. The sheet pile seawall consists of a concrete cap and toe stone with the exposed portion of the wall proposed at 3.5' above beach level. The revetment is proposed at the north end of the project area and would tie into an existing jetty. Currently, beach access is unrestricted along the entire length of the subject area. The project proposes three access ramps and two stairways through it to provide beach, handicap, and emergency access. Other public improvements proposed landward of the vertical wall include benches and planters, a sidewalk, and lifeguard towers. The primary purpose of the shore protection is to protect Carlsbad Boulevard, 6-94-91 page 4 the major north/south coastal route in the area, and existing and proposed improvements located therein, which include parking, utilities, and a bicycle lane. Widened in 1988-89 to a four lane arterial, Carlsbad Boulevard runs adjacent to the coast, becoming Old Highway 101 to the south where Carlsbad borders Encinitas. In the project area, it is bounded on the east by Agua Hedionda Lagoon and on the west by the Pacific Ocean. In addition to providing north/south access, it contains the majority of the utility lines which serve this portion of the City. This area of the roadway has been historically subject to erosion and damage during high tides and major storms. The City proposes the shoreline protection to protect these improvements, as well as existing utilities in the roadway, and to reduce maintenance costs. Alternatives, such as relocating the roadway to the east, proved infeasible due to the existence of development and the cost of acquiring additional right-of-way area. The project lies within the plan area of the certified Carlsbad Local Coastal Program Mello II segment. This segment of the LCP was certified by the Commission in 1980; the City is currently preparing the necessary documents to seek effective certification of the LCP. Pursuant to Section 30519(c), projects within this plan area are usually reviewed for their consistency with the certified LCP. However, the project site is located on the beach which fronts the ocean and is subject to public trust. It was included within the Commission's original jurisdiction area wherein projects are reviewed for consistency with the Chapter 3 policies of the Coastal Act. Existing Conditions The subject area is generally situated near the middle of the Oceanside littoral cell. The sand levels vary seasonally and are mostly removed during high tides and storms during the winter. While generally "sandstarved", the coastline of Carlsbad manages to maintain a finite beach width, apparently due to the abundance of gravel and cobbles in the area. The subject area also receives sand nourishment every two to three years from dredging of the lagoon. However, erosion of the beach and damage to the roadway due to high tides and storm waves occurs on a periodic basis. Since 1982-83, the maximum recorded erosion in the subject area along the west side of Carlsbad Boulevard during a storm was down to approximate elevation +6 feet Mean Sea Level (msl). (Further references to elevations in this report will use the mean sea level datum; additionally, it should be understood that these references represent approximate elevations). Going from north to south, the subject area extends for 3,185 linear feet and covers the area from the jetties at the entrance to Agua Hedionda lagoon to residential development along Tierra del Oro Street in the City of Carlsbad. The project begins near the south side of the ocean entrance jetty to the outer basin of Agua Hedionda Lagoon. An existing 2:1 fill slope would serve as the base for the north revetment; the slope extends down from the sidewalk along the western edge of Carlsbad Boulevard to the beach. The top of the slope ranges from +22 at the north end near the jetty to +15 at the southern extreme of the proposed revetment; the toe of the slope daylights into the beach at +4. The upper portion of the slope has been eroded and damaged to 6-94-91 page 5 near vertical; the middle and lower portions of the slope are partially protected by dumped rock and rubble (unengineered, average size 400-500 pounds). At and below beach grade, buried rock and rubble are also present. The beach in this area is historically thin and narrow. Almost every year the winter storms strip away the thin layer of sand, leaving a variegated layer of gravel and cobbles over the underlying sands and gravels. Carlsbad Boulevard levels out just beyond the southern limit of the proposed north revetment and gently undulates for the next 2,300 feet. The beach area along the west side of the sidewalk is typically 150 to 200 feet wide to the ordinary daily high water line; it narrows at the north end near the lagoon jetty and widens at the south end near the jetty for the San Diego Gas and Electric Company's (SDG&E) warm water outlet. Typically, there is a relatively level, sandy surface about 40 to 60 feet wide adjacent to and west of the sidewalk, which is underlain by a 6 to 10 foot high berm that is generally composed of gravel and cobbles. This area slopes down gently towards the ordinary high water mark and then gently offshore. Existing unengineered rock extends out from the sidewalk to the end of the SDG&E warm water outlet jetty and protects a relatively sandy pad at the south end of this area. Carlsbad Boulevard has a low elevation here, +13 on the south side of the warm water outlet, and then begins to climb in elevation to +35 to the south. SDG&E's Encina Power Plant is located on the inland side of Carlsbad Boulevard in this area. The beach between the south jetty for the outlet and a rock groin along the existing SDG&E fuel intake line is currently wide (200 feet or more) and sandy. The warm water outlet jetties and the fuel intake groin line appear to maintain the beach sand in this area, even during storms, although shoreline protection is proposed in this area as well. The SDG&E warm water outlet jetty, where heated process water is returned to the sea, is protected by dumped rock and is fenced-off from public use. In the southern part of the subject area, road fill resulting from the 1988-89 widening of Carlsbad Boulevard is present between Stations 52 to 56. The top of this fill slope along the west edge of the sidewalk ranges from +20 at Station 52 to elevation +35 at Station 56. The road fill slopes down from the sidewalk at 2:1 and toes into existing sand/cobbles beach (depending on season) at +8 to +12. The slope is currently covered with sparse vegetation and weeds. There is a level, sandy portion of the beach at the toe of the road fill, adjacent to and south of the fuel intake line groin, that is partially protected by dumped rock; it extends out from the groin towards the fill. The beach narrows to the south of this sandy area beyond Station 53. Bedrock is exposed at the base of the coastal bluff at the south end of the fill (Station 56 at an elevation of +12). The proposed shoreline protective devices consist of a vertical seawall and a revetment. Both proposals are discussed below. The Proposed Seawall The proposed 2,800 foot long steel sheet pile seawall is an anchored, vertical-driven, treated steel sheet pile wall with a reinforced concrete 6-94-91 page 6 cap. The wall is proposed to be driven down into the sand/cobble/gravel subsurface to a depth of -13 feet to stablilize it (no bedrock to tie-into in this area). A 6 to 10 foot wide berm lies immediately adjacent to the proposed wall, which then feathers down to the 150 to 200 foot wide sandy beach. The sheet pile seawall consists of a concrete cap and wave deflector with its top ranging from +16 to +19; the exposed portion of the wall is proposed at 4 feet above beach grade. The concrete cap is proposed to extend to elevation +3 feet (7 to 9 feet below natural beach level). The wall will be sandstone color and include a continuous public art motif. For the majority of its length, the vertical wall is proposed within the roadway's existing right-of-way, abutting the west (seaward) edge of the sidewalk. However, the wall extends seaward onto sandy beach and State Department of Parks and Recreation property to protect the proposed stairways (11 feet) and ramps (21 feet). The City and the Parks Department are preparing a construction easement for the project. According to the coastal engineering study, the low spots in the wall would be overtopped during design storm and scour conditions. For anticipated extreme storm and scour conditions, most of the wall will be overtopped and may result in some damage to the wall and the sidewalk by causing it to "deflect" into the sidewalk. The wall is designed to not fail during scour to -3 feet and a seismic event with ground motions of up to .2 g. It is anticipated that the toe stone and steel sheeting would only be exposed during the worst high tide and storm conditions. The proposed project has been designed to protect the roadway, road fill and utilities for 75 years. The seawall has also been designed to have a maximum deflection of 1 inch at the top of the wall. To maintain acceptable wall deflections throughout the 75-year life of the roadway, the wall must be protected from scour beyond +3. These criteria have driven both the need for and size of the protection. To prevent scour below +3, the wall has been designed with toe protection starting at +6 at the wall, which goes down to -1 to -2 msl on a 5 to 1 slope. At the lower elevation, this protection will be approximately 15' seaward of the wall. Under normal conditions, the sand elevation along this section of beach is approximately +10, and there is no record of the beach scouring lower than about +7. The toe protection should be exposed only during extreme storm conditions, during which time it should protect the wall from unacceptable deflections. The toe protection is being provided for extreme events. The possibility of requiring this project to add toe protection only after the beach level eroded to a pre-determined level (as has been proposed in Del Mar), has been considered, but rejected based on two major drawbacks. First, it would provide for two periods when the beach will be seriously disrupted and beach access would be restricted - once for the wall and later for the toe protection. Second, it would be difficult to develop a safe "trigger" for adding the toe protection. Several recent storms have scoured the beach to within 4 feet of the critical depth. This may be well within the range of scour for an extreme storm event. 6-94-91 page 7 The Proposed Revetment In addition to the seawall, construction of a rock revetment is proposed. The north revetment (3851 long, 50' wide, 19' wide crown, top ranging from +17 - +20) would be placed in an area where rip-rap of varying size has been placed on an on-going basis for a number of years; it would tie into the existing jetty and extend down in front of the sheet pile wall at its north end. Project plans call for the north revetment to be built-over existing dumped rock on the slope, using existing unengineered rip-rap as a base. The proposed revetment would extend seaward onto portions of what is now sandy beach. The relative encroachment of the revetment is addressed in Section #3. Construction of the revetment involves the removal of a portion of the existing toe of slope and beach profile and placement of three layers of material to form the revetment. The three layers would be: (a) a filter cloth (b) a quarry, or understone layer and (c) a double layer of 3-ton stone rip-rap. The revetment would be constructed at a 1.5:1 slope; the most seaward portion of each (toe) to be buried beneath the sand at -3. 2. Shoreline Protection. Policy 4-3 of the certified Mello II LUP 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. As a condition of approval, permitted shoreline structures may be required to replenish the beach with imported sand... In addition, the above language is mirrored in the Coastal Development Overlay (C-D) zone, an implementing measure included in the certified LCP pursuant to the policies of Chapter 3 of the Coastal Act regarding public access, shoreline processes and geological stability. The subject project is proposed to protect Carlsbad Boulevard and its existing and proposed improvements from damage and destruction due to wave attack. The Design Memorandum prepared for the project states: Carlsbad Boulevard in the area of Carlsbad State Beach between the inlet and outlet jetties for Agua Hedionda Lagoon is at a relatively low elevation and as such is subject to wave attack and high tides. This is a heavily used beach area and Carlsbad Boulevard is a main north-south traffic roadway...If its improvements are not protected, considerable repair and maintenance costs may be realized, as well as possible loss of utility services...North-south through traffic would be disrupted and vehicular access to and parking for a considerable length of beach may be lost for extended periods of time. 6-94-91 page 8 The report concludes that: "In the event of severe storm conditions and accompanying high waves, it is apparent that the existing roadway and utilities along this stretch of beach are in danger from wave attack". While that danger of wave attack in the area is not at present great due to recent beach nourishment of the area, the Commission notes that the threat to Carlsbad Boulevard from wave attack is continuous on an infrequent but periodic basis. Both the City of Carlsbad and the Department of Parks and Recreation have documented damage to the roadway from wave attack, particularly in the 1982-83 and 1988 storms where storm surges coupled with high tides resulted in overtopping and structural damage to the road. The areas where slope and street repair have been required do not cover the full 3,185 foot stretch of proposed seawall; yet, they occur often enough to merit the construction of shoreline protection for an existing and important coastal access route. If such protection was to be constructed only in the intermittent locations where damage from wave attack has already occurred, the result would be a series of seawalls. Ultimately, a patchwork of devices might be constructed which could have a greater impact on public access, shoreline processes, and the scenic resources of the area than the proposed seawall. Instead, the applicant has proposed construction of a seawall with a comprehensive approach to the present and anticipated erosion problems. While the proposed seawall will also have an adverse effect on access, shoreline processes, and the scenic resources of the area, the applicant, on whole, has attempted to minimize these impacts and, where possible, mitigate them. It has long been understood that all designs of shoreline protection, when placed in an intertidal area, adversely affect shoreline processes and beach profiles. The impacts of shoreline structures on the beach is a persistent subject of controversy within the discipline of coastal engineering and particularly between coastal engineers and marine geologists. Much of the debate focuses on whether seawalls or other factors (such as the rise in sea level) are the primary cause of shoreline retreat. This debate tends to obscure the distinction between the long-term trends of the shoreline, and the effects of seawalls on those long-term trends, and the shorter term effects that might not be permanent but may significantly alter the width and utility of a beach over the course of a year. The site-specific impacts of the proposed seawall will be addressed in the following paragraphs. Three access ramps are proposed through the project to provide vertical access from Carlsbad Boulevard to the beach. The primary purpose of these ramps is for lifeguard vehicle access to the beach and for safety; a secondary use is for handicap access. Besides providing access, these ramps would incorporate other public improvements (i.e., planters, benches, handicap viewing areas, lifeguard towers) to provide beach-related amenities for those persons that cannot or may not want to use the beach itself, but still enjoy the atmosphere and the view. 6-94-91 page 9 While these ramps have been designed to provide public access and public improvements from Carlsbad Boulevard to the beach, they require that the vertical seawall be extended significantly seaward to protect them. To accomodate the ramps and their improvements, roughly 3,900 sq.ft. of sandy beach would be displaced, with resulting adverse impacts to public access and recreation opportunities on this heavily-used beach. While the City of Carlsbad and the State Departments of Parks and Recreation and Boating and Waterways maintain that the proposed ramps are essential to the project, an alternative to the present design for the ramps would be to redesign two of the three proposed ramps - one ramp would be necessary to provide lifeguard and handicap access - as public access stairways. Only 760 sq.ft. of sandy beach would be displaced if two of the proposed ramps were redesigned as stairways, giving a net savings of 3,140 sq.ft. of sandy beach area. However, this redesign would require that the lifeguard towers and the handicap viewing platforms within the ramps would have to be moved onto the beach. In CDP #6-91-60, under the balancing provisions of the Coastal Act, the Commission and City staff worked to resolve the beach encroachment issue associated with not only the proposed ramps but also the proposed south revetment. In exchange for staff's support of the access ramps, the City agreed to construct a vertical wall similar to that proposed in the middle portion of the project in place of the proposed south revetment. The redesign to a vertical wall produces about 3,500 sq.ft. of public beach which almost offsets the sandy beach displacement of the proposed ramps, about 3,900 sq.ft. Adding beach area displaced by the lifeguard towers and the handicap viewing platforms would more than offset the differences between the two. Again, the redesigned project is proposed with the present application. According to a preliminary design by project coastal engineers, the redesign of the south revetment to a vertical wall would recapture sandy beach by siting the vertical wall landward of the proposed revetment and existing fill slope that supports Carlsbad Boulevard. Although the preferred direction is always to minimize encroachment and maximize sandy beach area available for public use, with this redesign and the special conditions attached to this report, the Commission can find in this particular case that the proposed shoreline protection has been designed to minimize and offset the potential impacts of beach encroachment and erosion through an alignment which is generally set landward of the existing beach profile. Additionally, the Commission finds that construction of the proposed shoreline protection is warranted to protect Carlsbad Boulevard, the major coastal access route in the area, consistent with Policy 4-3 of the certified Mello II LCP. The north revetment (4001 long, 50' wide, 19' wide crown, top ranging from +17 - +20) would be placed in an area where rip-rap of varying size has been placed on an on-going basis for a number of years; it would tie into the existing Agua Hedionda outer lagoon jetty and extend down in front of the sheet pile wall at its north end. Project plans call for the north revetment to be built-over existing dumped rock on the slope, using existing unengineered rip-rap as a base. 6-94-91 page 10 The proposed north revetment would displace up to 5,000 sq.ft. more beach area than existing rock slope protection. Of this area, up to 3,000 sq.ft. is above elevation +3 and is composed mostly of cobbles and rock on the rock slope. The remaining approx. 2,000 sq.ft. below +3 is sand/cobble (depending on the time of year and beach nourishment operations), which could be used by strollers and sunbathers at low tide conditions. Regarding the sand/cobble nature of the beach in the area of the north revetment, the beach is typically cobble in the winter time, but as a result of natural littoral cell accretion patterns in the summer and the biannual beach nourishment program regularly provided by SDG&E, it is generally sandy during the summer months. Generally, every two years the utility dredges out the outer basin of Agua Hedionda Lagoon (to benefit cooling operations) and deposits the beach grade sand within the subject area. As a result of this replenishment, the subject area becomes sandy beach. Notwithstanding the fact that the proposed revetment would adversely affect public access because it would extend further seaward than existing slope protection, there are a number of reasons why replacing the north revetment with a vertical seawall is not recommended. First, the north revetment beach area is not heavily-used by the public as the beach is narrow here, usuable only at low tides, and access to this area from Carlsbad Boulevard is difficult—by way of a steep, rock-covered slope. Second, the construction of a vertical wall in this area would adversely affect public access/circulation by requiring demolition of existing improvements, disruption of traffic (i.e., in order to have a safe excavation slope for the vertical wall, the southbound traffic lanes along Carlsbad Boulevard would have to be removed), and extension of the construction period (when compared with the proposed revetment). Third, while additional beach area would be produced by construction of the vertical wall, it may increase the hazards to pedestrians in this area as this beach is adjacent to a large jetty. Consequently, the Commission finds that redesigning the proposed north revetment is not required. The existing rock slope protection is proposed as a foundation for the north revetment. Initially, the Commission's civil engineer took issue with this design criterion citing that the existing rock slope protection was unstable and would not serve as an adequate base for overlaying an engineered revetment. However, according to the project coastal engineer, the proposed revetment design includes removal of loose surface rock and debris, filling of voids with small rock and providing a designed filter to mitigate erosion of base material and that the designed armor and underlayer rock will protect the base material from tide and wave action and will limit any future movement. Consequently, the project coastal engineer concludes that encroachment onto Carlsbad Boulevard will not be necessary during construction. The San Diego Association of Governments (SANDAG) has adopted the Shoreline Preservation Strategy for the San Diego region and is currently working on techniques toward its implementation. The Strategy considers a full range of shoreline management tactics, but emphasizes beach replenishment to preserve 6-94-91 page 11 and enhance the environmental quality, recreational capacity, and property protection benefits of the region's shoreline. As identified in the Strategy, while shoreline protective devices result in immediate protection for the endangered property, they also result in long-term adverse impacts on the beach seaward of the wall or revetment. The construction of a seawall can have several quantifiable impacts on shoreline processes and beach access, as well as numerous, less quantifiable effects which have been discussed elsewhere in current literature on seawalls. One of the quantifiable impacts from such structures is the seawall will physically occupy area that would otherwise be available for recreational use. This is the case with the proposed seawall. Shoreline protective devices, such as that proposed, fix the inland extent of the beach. Therefore, when additional erosion occurs seaward of the wall, it is at the expense of beaches or recreational areas owned or utilized by the general public. Seawalls inhibit erosion that naturally occurs and sustains the beach. The two most important aspects of beach behavior are changes in beach width and changes in the position of the beach. On narrow, natural beaches, the retreat of the back of the beach, and hence the beach itself, is the most important element in sustaining the width of the beach over a long time period. Narrow beaches, typical of most of the California coast, do not provide enough sacrificial sand during storms to provide protection against scour caused by breaking waves at the backbeach line. This is the reason the back boundary of our beaches retreats during some storms. Armoring in the form of a seawall fixes the backbeach line and interrupts this natural process. Accordingly, in its review of such projects under Section 30235 and the access policies of the Coastal Act, the Commission must assess both the need to protect property and the need to mitigate adverse effects on beach access and shoreline sand supply. Funding from a variety of sources will be required to implement the beach replenishment and maintenance programs identified in the SANDAG Strategy. In this particular case, the Commission finds that application of an in-lieu fee to fund beach sand replenishment projects as mitigation for impacts of the proposed shoreline protective device on beach sand supply and shoreline processes is not appropriate for the following reasons. The City of Carlsbad, in cooperation with SDG&E, has maintained an ongoing beach replenishment effort that has occurred on this beach since the mid 1950s. This beach replenishment operation routinely places up to 200,000 cubic yards of sand within the project area annually. In contrast, using the Commission's methodology for determining the amount of cubic yards of beach area that would be lost over the long-term as a result of the project, 15,600 cubic yards would be lost. While placement of sand is not limited to the project area, the project area has traditionally received the bulk of deposited sands because it is the most popular public beach in Carlsbad in terms of attendance. Placement of dredged sand from the outer basin of Agua Hedionda is placed up to 1 mile north of the project area based upon the recommendations of the City's Beach Erosion Committee. This committee, composed of public and 6-94-91 page 12 private members, analyzes on and off-shore profiles and erosion rates to determine where placement of sand would be most beneficial. Final approval of sand placement is subject to review and approval by the City's engineering department, Army Corps, and the Executive Director pursuant to CDP #6-93-193A. Therefore, The Commission finds this beach replenishment effort will continue and will adequately offset the long-term impacts associated with the project. Additionally, the proposed project is a public seawall, located on public property and designed to protect a public roadway. Although the effects of fixing the back line of the beach are the same, regardless of ownership, the proposed project inherently provides offsetting public benefits which is what the beach replenishment fee is also designed to do. The project, as proposed, includes public amenities including stairways, ramps and viewing platforms, an minimizes encroachment on the beach to the extent practicable . Therefore, the Commission finds that based on the on-going replenishment program and the fact that the project is proposing a number of public improvements that would offset impacts associated with encroachment on public access, the in-lieu fee for beach replenishment is not applcable, in this particular case. Special Condition #1 requires the applicant to submit certification by a registered civil engineer that the approved shoreline protective device has been constructed in accordance with the approved plans and is designed to withstand storms comparable to the winter storms of 1982-83. It also requires post-certification of the work to verify that the work has been completed in accordance with the approved plans and specifications. For the proposed devices to be effective in providing shoreline protection, and safe for the public, they must be properly maintained. Special Condition #2 places such responsibility for maintenance with the applicant (City of Carlsbad) unless such responsibility is assumed by the State Department of Parks and Recreation or other public agency acceptable to the Executive Director. The special condition also serves to advise the applicant that subsequent repair or maintenance activity involving shoreline protection may require review under the coastal development permit review process. Special Condition #3 is an advisory condition. The condition requires that during construction, disturbance to sand and intertidal areas be minimized and that any beach sand excavated be redeposited on the beach. The condition also specifies that local sand or cobbles may not be used as backfill or construction material for the project. Special Condition #4 requires the submittal of an executed construction easement from the State Department of Parks and Recreation which indicates their approval of the applicant's work, the proposed construction schedule and construction access and staging plans as they affect State Parks property. If the Commission's approval in not in concert with the conditions of this easement, an amendment to this permit may be necessary. In addition, the Commission's standard hold harmless agreement (Special 6-94-91 page 13 Condition No. 5) has been attached to notify the applicant of the risks involved with construction of the project along the shoreline and requires the applicant to waive any liability for the Commission in approving the project. As conditioned, the Commission finds the project consistent with Sections 30235 and 30253 of the Coastal Act. 3. Public Access/Scenic Resources. Section 30604(c) requires that for any development between the nearest public road and the sea, the Commission must find that the permitted development is in conformity with the public access and public recreation policies of Chapter 3 of the Coastal Act. The proposed project lies between the sea and the first designated roadway (Carlsbad Boulevard) and, as proposed, actually involves encroachment onto the beach itself. Section 30210 of the Coastal Act states: 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. As noted, in its earlier permit action the Commission required the project to be redesigned to minimize beach encroachment so that adverse impacts to public access from the seawall would be mitigated. With the redesign the Commission finds the project consistent with Sections 30210 and 30211 of the Act. Vertical access will be provided by three new ramps and two new stairways from Carlsbad Boulevard to the beach. Thus, a total of five public accessways will be newly provided for this 3,185-1inear-foot stretch of beach; these stairways will be provided at an interval of roughly every 720 feet. Special Condition #6 requires the submittal of a construction schedule and construction access and staging plans so that construction activities which would adversely affect public access to the beach are prohibited between Memorial Day and Labor Day of any year. The condition also requires that all construction staging, storage of materials, and other construction related activities in support of the project shall occur only within the two (2) areas immediately north and south of the SDG&E warm water outlet jetty and be appropriately fenced and protected for public safety. Finally, the condition requires that two-way traffic, north and south, will be available on Carlsbad Boulevard at all times during construction to ensure that public access/circulation is maintained in this heavily used visitor destination area. Special Condition #1 requires the submittal of documentation from the State Lands Commission that either no State lands are involved with the project or that the development on the State lands that are involved has either been authorized or may proceed without prejudice to a final agreement to use such lands. The Commission finds that, with the proposed south revetment deleted from project plans and the remaining aspects of the project addressed in the special conditions of the permit, the project can be found to be consistent with all the public access and recreation policies of the Coastal Act. 6-94-91 page 14 Scenic Resources/Height of Nail The project proposes a 3.5-feet high above sidewalk (4-feet high above beach) portion of the seawall that runs the length of the project along the seaward edge of the sidewalk. Current unobstructed views to the beach and nearshore for traveling motorists would be replaced with a continuous seawall. This stretch of road is one of the few in North County where such views of the shoreline and horizon are available. Also, it is one of a few areas where a lagoon is adjacent to the eastern side of Coast Highway so the sense of openness is significant and not currently obstructed by structures or development. For those reasons staff recommended in CDP #6-91-60 that seawall height be reduced to 2 feet above the sidewalk. The City found that the proposed 3.5-foot section of the wall above the sidewalk was essential to achieving the goals of the project and was concerned about the potential liability resulting from losses, damage, injuries, etc., that may result from constructing the project with a lesser wall height that did not meet the design criteria to deal with anticipated storm wave heights or did not meet Uniform Building Code design standards for pedestrian accessways and stairways (42 inches minimum). The Commission supported the City's position and found that a redesign to a two-foot-high wall was unfeasible and unnecessary to find the project consistent with the resource protection policies of the Mello II LCP. The Commission noted that the 1.5-foot difference between the proposed wall height and the preferred wall height was not enough to significantly improve public views. The Commission noted that the redesign would result in more frequent overtopping of the wall and thus would unacceptably subject Carlsbad Boulevard and its improvements to flooding and damage and would increase hazards to the public. As before and with this application the Commission finds that a redesign would not signficantly enhance public views to and along the shoreline to warrant justification of more frequent overtopping of the proposed seawall, and the proposed wall height itself would not result in significant obstruction of ocean views. Therefore, the Commission finds that the proposed wall can be found consistent with the Mello II LCP. 4. Local Coastal Planning. The certified Carlsbad LCP Mello II segment contains detailed policies regarding new development along the shoreline. Specifically, the Coastal Development Overlay (C-D) zone was included in the certified LCP pursuant to the policies of Chapter 3 of the Coastal Act regarding public access, shoreline processes and geological stability. The policies and ordinances of the C-D zone state in part: 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. As a condition of approval, permitted shoreline structures may be required to replenish the beach with imported sand. Provisions for the maintenance of any permitted seawalls shall be included as a 6-94-91 page 15 condition of project approval. As a further condition of approval, permitted shoreline structures shall be required to provide public access... No excavation, grading or deposit of natural deposit materials shall be permitted on the beach or the face of the bluff except to the extent necessary to accomplish construction pursuant to this section. (Ordinances 4-b and 5-(a-2) of the C-D overlay zone) The proposed project involves construction of a shoreline protection device. The Commission has found that construction of the proposed seawall is warranted and, as conditioned, will be designed to minimize disturbances of the beach and provide public access to and along the shoreline. The additional special conditions have been attached to reflect the policies and ordinances of the C-D zone of the Carlsbad LCP. As conditioned, project approval should not prejudice the ability of the City of Carlsbad to prepare a fully certifiable local coastal program. 5. California Environmental Quality Act Section 13096 of the Commission's administrative regulations requires Commission approval of the coastal development permit to be supported by a finding showing the permit, as conditioned, to be consistent with any applicable requirements of the California Environmental Quality Act (CEQA). Section 21080.5(d)(2)(i) 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 impact which the activity may have on the environment. The proposed project has been conditioned in order to be found consistent with the public access and recreation, visual resources, and hazard policies of the Coastal Act. Mitigation measures, including conditions addressing storm design, construction access and staging areas, construction materials, and an assumption of risk will minimize all adverse environmental 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, as conditioned to mitigate the identified impacts, is the least environmentally damaging feasible alternative and can be found consistent with the requirements of the Coastal Act to conform to CEQA. STANDARD CONDITIONS: 1. Notice of Receipt and Acknowledgement. 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. 6-94-91 page 16 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. Compliance. All development must occur in strict compliance with the proposal as set forth below. Any deviation from the approved plans must be reviewed and approved by the staff and may require Commission approval. 4. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. 5. Inspections. The Commission staff shall be allowed to inspect the site and the development during construction, subject to 24-hour advance notice. 6. 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. 7. 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. (9860A) PROJ&Ct\LIMI,TS EXHIBIT NO DRAWN BY: cb CHECK ED B Y: :' ./„ PROJECT NO: 88 5 1. 2 68E - S I 0 1 DATE: ?-2S-8i ClV California Coastal Commissio I F0K ADD I. . &£ACH ~ CAf>-££.£ /"/"N VS7 UtJDISTUR&eD / +3' ' SOIL Use 30' COMj £HE£T FILING ere£L 5/^-25 (t) (,&Y£KS OF 1500 POL. 4 ^G INCH THICK QU&KRY RUM MAT6 UND6KUIN BY FILTER FABRIC EXHIBIT NO. ?PLIG— California Coastal Commission y - =r- - /r~^^ — -__X ^)-p^cS^ —p=f; tt [ "-TT ., .^T.llT A •J7r,~7" - * ^ T>r.<, » « ' • ^ L__ _^-rS)f—_ ./i :' <'*«««« •»_•__- ' . _^ .(-Xji r/L T£K CLOTH ^ /V//V. eg X XLLJ 3?/W3S MffJ-VM M3N-9 N US 1X3 f/LING BffCK PILING CURVE n FIT ft O RflU/US 35' LEM6TH STAIRWAY ACCESS NO. 1 c UK ve V fir ft O KftVIUS 35. W LENGTH