DATE: March 14, 2019
SUBJECT:
Title
PRESENTATION AND DIRECTION TO STAFF ON THE PORT MASTER PLAN UPDATE:
A) DRAFT POLICY CONCEPTS RELATED TO BAYWIDE COMMERCIAL FISHING
B) DRAFT POLICY CONCEPTS FOR THE CENTRAL EMBARCADERO SUBDISTRICT
C) DRAFT POLICY CONCEPTS FOR THE SOUTH EMBARCADERO SUBDISTRICT
Body
EXECUTIVE SUMMARY:
Since 2013, the District has been evolving and improving a process, which we have come to know as Integrated Planning. In short, Integrated Planning is a multi-faceted and comprehensive approach for managing and planning the uses of the District in a balanced way. Although Integrated Planning is an approach and philosophy that will permeate numerous plans and processes at the District, one critical and current focus area is an update to the District’s Port Master Plan. The first comprehensive revision in the District’s history, the Port Master Plan Update (PMPU) is a comprehensive, integrated, baywide approach that will modernize our method for land and water planning and serve as a guide for future uses and development of District tidelands. The PMPU will connect the tidelands through a series of networks and Planning Districts. It will control the allowable land and water uses, including the type and characteristics of development, recreation, and environmental conservation throughout the District’s jurisdiction.
Through the course of 2017 and 2018, the Board conducted a series of workshops focusing on goals, policy concepts and draft land and water use maps for the baywide elements and the ten Planning Districts. Several policy topics have required additional discussion and feedback to assist the team with completing the Discussion Draft of the PMPU.
This item is the third PMPU Board Workshop of 2019. On February 12, 2019, staff presented the results of the Embarcadero public outreach that focused on the North Embarcadero and Central Embarcadero subdistricts, including the online survey and public open house event, for the Board’s feedback. In addition, follow up items regarding draft policy concepts specific to commercial fishing were presented at the February 12, 2019 workshop. The February 25, 2019 PMPU Board Workshop focused on staff’s recommendation for a preferred land and water use configuration for the North Embarcadero Subdistrict, including refined draft policy concepts specific to the subdistrict, along with a summary of commitments for the area and an overview of past and current studies and concepts for the North Embarcadero area.
The March 14, 2019 PMPU Board Workshop will focus on draft policy concepts related to baywide commercial fishing, and the Central and South Embarcadero subdistricts of the Embarcadero Planning District (Planning District 3). This workshop will also include follow-up on previous Board direction on two topics: (1) commercial fishing uses related to the Shelter Island Planning District, and (2) the potential conversion of commercial fishing berthing water area near the G Street Mole to sportfishing berthing. The first item will be incorporated into Item A of the workshop, and the second item will be incorporated into Item B of the workshop.
Staff will follow the discussion structure utilized during the prior PMPU Board Workshops and a facilitator agenda has been included as Attachment A to provide estimated timeframes for each topic. Note, however, that the times are approximate and subject to change depending on the amount of public comment and length of Board discussion for each topic. This approach will allow the Board to receive staff’s presentations, hear from the public and stakeholders, and provide feedback to staff. Staff’s preliminary draft presentation is included as Attachment B to provide the Board and the public time to review the discussion materials in advance.
RECOMMENDATION:
Recommendation
Receive staff’s presentation and provide direction on the Port Master Plan Update regarding the following topics:
A) Draft policy concepts related to Baywide Commercial Fishing
B) Draft policy concepts for the Central Embarcadero Subdistrict
C) Draft policy concepts for the South Embarcadero Subdistrict
Body
FISCAL IMPACT:
Funds for work associated with the Port Master Plan Update effort are budgeted in the Planning Department’s FY 2019 budget within the Professional Services expense account (#620100).
Compass Strategic Goals:
This agenda item supports the Strategic Goals adopted by the Board. The Integrated Planning efforts, including the PMPU, will bring the District’s current practices into conformance with best management practices with considerations of sustainable fiscal growth for the District while proactively enhancing assets on tidelands and benefits to the public.
This agenda item supports the following Strategic Goals.
• A Port that the public understands and trusts.
• A thriving and modern maritime seaport.
• A vibrant waterfront destination where residents and visitors converge.
• A Port with a healthy and sustainable bay and its environment.
• A Port with a comprehensive vision for Port land and water uses integrated to regional plans.
• A Port that is a safe place to visit, work and play.
• A financially sustainable Port that drives job creation and regional economic vitality.
DISCUSSION:
PMPU Background
Holistic Planning Through Public Engagement
The PMPU process is in the third phase of a five-phase work plan. The five-phased work plan began with laying the foundation of the PMPU with acceptance of the Integrated Planning Vision Statement and Guiding Principles in the first phase, followed by acceptance of the Integrated Planning Framework in the second phase (collectively referred to as the “Integrated Planning Vision”). The phased work plan has allowed the PMPU team to continue to build a comprehensive update to the Port Master Plan from the ground up in a transparent and inclusive way that has included a balance of Board, stakeholder and public engagement throughout the planning process.
The summary below shows the five major phases of the work plan:
• Vision Process: Guiding Principles (Completed). The initial phase included a high-level assessment of District-wide assets and extensive public engagement resulting in a foundational Vision Statement and Guiding Principles for the entire Integrated Planning framework.
• Framework Report (Completed). The Vision Process was further refined through consideration of a core set of comprehensive ideas, memorialized in a Framework Report, that is informing the development of the Draft PMPU document.
• Draft the Port Master Plan Update. The current phase involves direction from the Board for drafting of the “Draft PMPU” document, which will ultimately be comprised of goals, policies and maps.
o Baywide Elements and Planning District Goals (Completed)
o Policy Concepts and Land and Water Use Maps (Completed)
o Additional Policy Discussion Topics (In Progress)
o Public review of PMPU Discussion Draft (Anticipated April 2019)
• California Environmental Quality Act (CEQA) Environmental Review (In Progress). Creation of the draft PMPU will be followed by conducting the requisite “CEQA Environmental Review.” Preliminary environmental review work has begun.
• California Coastal Commission Certification. If the Board certifies the Programmatic Environmental Impact Report (PEIR) and adopts the PMPU, it will be processed for “California Coastal Commission Certification,” with minor approvals thereafter, including the Board’s approval of the PMPU as certified by the California Coastal Commission (Coastal Commission) and lastly, the Coastal Commission’s approval of the final PMPU after the Board’s approval of the PMPU as certified by the Coastal Commission.
All these steps have or will require public input, stakeholder outreach, and agency coordination throughout.
Recap on the Draft PMPU Contents
As a refresher, the draft PMPU was initially proposed to include six topical sections, or elements, that provide baywide guidance related to Land and Water Use, Mobility, Coastal Access and Recreation, Natural Resources, Resiliency and Safety, and Economic Development. On November 1, 2018, staff received direction to add a seventh element dedicated to the topic of Environmental Justice. Within each element, there are goals and policies being drafted consistent with the proposed draft table of contents endorsed by the Board at the July 22, 2015 Integrated Planning Study Session. The elements will also contain and address cross-connecting themes like climate change and the Green Necklace. The PMPU team has utilized the robust public feedback obtained during the Integrated Planning process as the basis for drafting the goals and policy language to be contained within the draft PMPU elements.
The PMPU is also proposed to contain ten Planning Districts, and application of the baywide goals and policies established by the seven baywide elements will vary Planning District by Planning District, as appropriate. Each of the ten Planning Districts will contain more geographic-specific goals, policies, and land and water use maps intended to: 1) implement applicable baywide policies; 2) create development requirements tailored to the unique characteristics of each Planning District; and 3) implement the land and water use designations within those geographic areas. The draft policies for each Planning District will build on the corresponding goals and will be more granular in nature than the baywide element policies. The draft policies, both baywide- and Planning District-level will be available for the Board and public’s review during the Discussion Draft PMPU review period.
2017 PMPU Board Workshops
PMPU Baywide Elements and Planning District Goals: The first in a series of Board workshops on the draft PMPU was held on March 9, 2017. Workshop No. 1 focused on the proposed organizational structure of the updated Port Master Plan, the proposed consolidated land and water use designations, and the draft goals for the Land and Water Use Element.
Board Workshop No. 2 was held on April 27, 2017, and concentrated on draft goals for the Mobility Element, draft goals for the Economic Development Element, and draft goals and draft land and water use maps for the ten Planning Districts.
On May 25, 2017, during Workshop No. 3 draft goals for the Resiliency and Safety Element, draft goals for the Natural Resources Element, and draft goals for the Coastal Access and Recreation Element, were discussed. Staff also presented preliminary draft PMPU baywide recreation open space acreage allocations.
Staff received considerable feedback from the public, stakeholders, and Board during these workshops, which is being taken into account as the PMPU is drafted. Notably, completion of these three workshops resulted in clear direction to staff on the draft PMPU goals, which set the stage and context for the current policy discussions. Furthermore, as often mentioned during these workshops, drafting of the PMPU is iterative and the document will continue to be revised as staff receives public, stakeholder, and Board feedback.
PMPU Policy Concepts and Land and Water Use Maps: Based on the Integrated Planning Vision, including the Guiding Principles and Framework Report, and the draft PMPU Goals for the baywide elements and Planning Districts, staff presented draft policy concepts to illustrate strategies and priorities, as well as open space and development character, that may take the form of draft policy language to be contained within the PMPU.
Policy concepts for each of the baywide elements were presented to the Board at Workshops Nos. 4 and 5, on August 8, 2017 and November 14, 2017, respectively. In August, the Mobility, Economic Development, Resiliency and Safety, and Natural Resources elements were presented and discussed. The Land and Water Use and Coastal Access and Recreation elements were presented in November. Work on each baywide element and associated policy concepts have been used to inform preparation of policy concepts and maps for the Planning District components of the draft PMPU.
On November 14, 2017, the Board held a workshop focusing on the Coronado Bayfront, Silver Strand, Imperial Beach Oceanfront and South Bay Planning Districts (Workshop No. 6). The National City Bayfront and Working Waterfront Planning Districts, as well as the Chula Vista Bayfront, Harbor Island and Shelter Island Planning Districts, were discussed during workshops held on December 5, 2017 (Workshop No. 7) and December 12, 2017 (Workshop No. 8), respectively. During those workshops, the Board heard feedback from the public and stakeholders regarding issues specific to each of these areas and provided guidance to staff for drafting of the PMPU policies and land and water use maps.
PMPU Policy Discussion Topics for 2018
Continuing the work on the planning districts into 2018, Workshop No. 9 was held on March 28, 2018 to focus on policy concepts and the land and water use map for the Embarcadero Planning District. As part of this discussion, it was noted that additional workshops with the Board would be necessary to address several complex issues related to the Embarcadero, such as a comprehensive analysis of public spaces along this waterfront, incorporation of mobility and access solutions, and follow up regarding commercial fishing-related policies.
Through the course of the 2017 and 2018 PMPU workshops focusing on baywide and planning district policy concepts, several policy topics were noted as needing additional discussion and feedback to assist the team with completing the Discussion Draft of the PMPU. The first of these discussions was held at the July 17, 2018 Board meeting (Workshop No. 10), during which staff received clear direction with respect to the PMPU regarding small format informational and wayfinding signage, including digital integration and paid advertising. On August 14, 2018, it was determined that many policy topics previously anticipated for Board discussion were no longer necessary, because either sufficient Board direction had been received or policy guidance from other state agencies had prescribed the approach staff will take. Finally, during Workshop No. 11, on November 1, 2018, staff received direction to add a seventh PMPU element focused on Environmental Justice.
2019 PMPU Work Plan and Embarcadero Focus
At the December 18, 2018 PMPU Board Workshop (Workshop No. 12), staff received direction to increase team resources to conduct additional public outreach specific to the Embarcadero Planning District and to complete the PMPU Discussion Draft under an accelerated schedule.
PMPU Board Workshop No. 13 was held on February 12, 2019 during which staff presented the results of the Embarcadero public outreach that focused on the North Embarcadero and Central Embarcadero subdistricts, including the online survey and public open house event. In addition, follow up items regarding draft policy concepts specific to commercial fishing were presented and discussed, with requests for staff to return with additional information.
At the February 25, 2019 Board Workshop (Workshop No. 14), the staff presentation included a high-level summary of multiple concepts and studies conducted for the North Embarcadero area, including the seven alternatives considered by the Citizen’s Advisory Committee (CAC). In response to public comment received during this workshop, the full summary report from the 2011 CAC on the North Embarcadero Port Master Plan Amendment was provided to the Board via memorandum on February 28, 2019. The memorandum and CAC summary report are included as Attachment C to this agenda sheet.
In addition, staff presented an overview of the planning commitments that, in combination with the previous studies, were comprehensively reviewed to assist in the formation of the recommended land and water use configuration and draft policy concepts for the North Embarcadero subdistrict that were presented to the Board.
March 14, 2019 PMPU Board Workshop
In order to conclude discussion of the Embarcadero Planning District, staff will present draft policy concepts for the Central Embarcadero and South Embarcadero at the March 14, 2019 PMPU Board Workshop (Workshop No. 15). During this workshop, staff will also present draft policy concepts related to baywide commercial fishing as further discussed below.
Embarcadero Planning District
Considered the front porch of San Diego, the Embarcadero is a vibrant Planning District with broad recreational and access opportunities on the waterfront that also provide economic value for the region and the tourism industry. This area provides a waterfront experience that combines visitor- and maritime-serving uses with working waterfront and water-side activities of commercial fishing boats, cruise ships, and pleasure craft.
At the April 27, 2017 PMPU Workshop, the Board established the following draft Goals for this Planning District:
• A “front door” to San Diego for travelers arriving by sea, land, or air, offering a vibrant mix of visitor-serving commercial and recreational activities, and internationally-recognized attractions that showcase and celebrate the history of San Diego’s waterfront
• Celebrated water areas that support historic ship, ferry and excursion vessel, recreational vessel, and commercial fishing berthing, and that preserve deep-water dependent cruise ship berthing
• An active experience that provides people meaningful waterfront gathering places and access to a broad mix of land and water-based entertainment, recreation, hospitality, and visitor destinations
The Embarcadero Planning District includes three subdistricts: North Embarcadero, Central Embarcadero, and South Embarcadero. As discussed above, the North Embarcadero Subdistrict was discussed at the February 25, 2019 PMPU Board Workshop. This workshop will focus on the Central Embarcadero and South Embarcadero subdistricts, as well as draft policy concepts related to Commercial Fishing baywide.
A) DRAFT POLICY CONCEPTS RELATED TO BAYWIDE COMMERCIAL FISHING
During this part of the workshop, staff will present a brief overview of the existing commercial facilities in San Diego Bay, along with specific items staff is seeking feedback on in order to complete the Discussion Draft - including the acreage of land and water areas designated for commercial fishing uses, confirmation of allowed secondary uses within the commercial fishing designation and the ratio of allowed secondary to primary uses. Much of this information was initially presented at the February 2019 PMPU Board Workshops; however, prior to providing direction to staff on these topics, the Board directed staff to return to a future PMPU Board workshop with a comprehensive overview of commercial fishing facilities baywide.
Under the Public Trust Doctrine and Port Act, the District must use Tidelands for the promotion of navigation, fisheries and commerce. In addition, commercial fishing, as well as recreational boating, are considered high-priority uses under Sections 30234 and 30234.5 of the California Coastal Act (Coastal Act):
Coastal Act Section 30234 - Commercial fishing and recreational boating facilities - Facilities serving the commercial fishing and recreational boating harbor space shall be protected and, where feasible, upgraded. Existing commercial fishing and recreational boating harbor space shall not be reduced unless the demand for those facilities no longer exists or adequate substitute space has been provided. Proposed recreational boating facilities shall, where feasible, be designed and located in such a fashion as not to interfere with the needs of the commercial fishing industry.
Coastal Act Section 30234.5 - Economic, commercial, and recreational importance of fishing - The economic, commercial, and recreational importance of fishing activities shall be recognized and protected.
The protection of commercial fishing facilities has been an important consideration in the PMPU effort not only to ensure these high-priority, coastal-dependent activities are supported as the industry evolves in the future, but also to make sure that the redevelopment of areas surrounding these uses are compatible with access and operational needs of this segment of the working waterfront.
Existing Commercial Fishing Facilities in San Diego Bay
Commercial fishing facilities in San Diego Bay pre-date the formation of the District. Currently, there are two planning districts that have commercial fishing facilities - Planning District 1 - Shelter Island, and Planning District 3 - Embarcadero.
Shelter Island Planning District
The commercial fishing facilities in the Shelter Island Planning District are located at Driscoll’s Wharf, which was constructed in the early 1980’s and is privately managed under the terms of a lease that expires in 2023. Development of Driscoll’s Wharf pre-dates the original certification of the District’s Port Master Plan by the Coastal Commission in 1981, and as such, the coastal development permit (CDP) was issued by the Coastal Commission. That original CDP was issued in 1980 and has been amended seven times as approved by the Coastal Commission between 1984 and 1988. Per the lease and CDP, boat slips at Driscoll’s Wharf can temporarily berth boats that do not qualify as “commercial fishing vessels.” This temporary berthing is subject to termination upon 72 hours notice when a commercial fishing vessel desires the berth. The CDP, and subsequent amendments, do not allow for “the introduction of any uses which are not directly related to the commercial fishing industry.” A brief summary of the lease and six subsequent lease amendments, as well as the CDP and seven subsequent CDP amendments, is included as Attachment D to this agenda sheet.
The Driscoll’s Wharf facility includes 108 slips ranging in lengths of 25 to 75 feet with a reported occupancy of 15% commercial fishing and 45% recreational vessels. Water depth is approximately 14 feet. Amenities at this facility include restrooms, showers, area for storage and net mending, storage lockers, 500-pound urchin off-loading crane, ice machine, live catch storage, dockside potable water and electricity, oil and solid waste disposal, pump out station, and dock carts. Staffing of the facility includes three employees.
Embarcadero Planning District
The commercial fishing facilities in the Embarcadero Planning District are located at the G Street Mole and adjacent Tuna Harbor Basin, Chesapeake Fish Company north of Seaport Village, and two of the three Grape Street piers in the crescent area adjacent to Harbor Drive. The Tuna Harbor Basin and Grape Street piers are managed by the District and subject to slip rental and parking rates as dictated by the Port of San Diego Tariff.
The Tuna Harbor facility includes 130 slips, of which 111 are usable and 19 are not usable due to physical conditions, ranging in lengths of 30 to 80 feet with a reported occupancy of 53%. Water depths are approximately 13-18 feet. Amenities at this facility include restrooms, water and electricity, hoist/unloading pier, solid waste disposal, offloading facilities, and access to an ice machine at the Chesapeake fish processing facility. Staffing of the facility includes one marine terminal supervisor and three wharfingers.
Recent Studies Related to Commercial Fishing in San Diego
Given the history of commercial fishing in San Diego Bay and the importance of the industry pursuant to the Coastal Act and Port Act, a “health check” is performed on the commercial fishing operations and facilities from time to time. Two recent studies, a District-commissioned operational benchmarking study, and a developer-commissioned infrastructure and operational analysis, are summarized below. For additional reference, a 2010 District-commissioned commercial fisheries revitalization plan and a fact sheet prepared by the National Oceanic and Atmospheric Administration (NOAA) are also summarized below.
Benchmarking Study Commissioned by District:
In July 2017, the District staff-commissioned “West Coast Commercial Fishing Facilities Benchmarking Study” was completed (Attachment E). The purpose of the study was to identify best practices in the operation of commercial fishing facilities in the United States West Coast and implement improvements in the management of the District’s commercial fishing facility in Tuna Harbor Basin. The study analyzed 16 facilities, including Driscoll’s Wharf on Shelter Island, and compared facility infrastructure, amenities, tariff fees, dock and slip availability, fish landings/values, and specific administrative requirements, including liability insurance.
The study found that the most successful facilities have similar characteristics:
• A primary focus on commercial fishing
• Well-maintained infrastructure
• Substantial and beneficial amenities
• High occupancy rates
• Active fisherman’s organizations
• Strong community support
• Normally blessed with prolific fisheries
Based on the study, District staff evaluated implementation of the following best practices at Tuna Harbor Basin:
• Marine insurance requirements
• Security deposit
• Credit checks for prospective tenants
• Regular vessel inspection by the United States Coast Guard
• Verification of fish landing receipts by the California Department of Fish and Wildlife
• Regulations for overnight commercial fishing activities and preparations
Following stakeholder outreach on these best practices, at the December 11, 2018 Board meeting, Section 4.09 of the Port Code was amended to implement commercial fishing best management practices and to include the following requirements: verification of fish landing receipts by the California Department of Fish and Wildlife; marine insurance coverage for “in-transit” vessels and all new mooring permittees; regular vessel safety inspections for all vessels by the United States Coast Guard; credit checks for prospective permittees; and regulation of overnight commercial fishing activities or preparations.
Commercial Fishing Report Commissioned by 1HWY1:
The G Street Mole and adjacent Tuna Harbor Basin are included in the Central Embarcadero Redevelopment Area. Since being selected for the redevelopment of Central Embarcadero, 1HWY1, LLC (1HWY1) has been meeting with the Commercial Fishing Steering Group (CFSG), which includes representatives of the San Diego Fishermen’s Working Group, on a bi-weekly basis. District staff attends these meetings regularly as observers and to provide information on related District initiatives, such as the PMPU. The purpose of the CFSG meetings has been to obtain information from the commercial fishermen in order for 1HWY1 to address commercial fishing as part of its Central Embarcadero redevelopment proposal. As part of these efforts, 1HWY1 hired West Coast Fisheries Consultants and Marine Alliances Consulting to prepare an analysis of commercial fishing in District Tidelands. A report was prepared summarizing these efforts titled “An Analysis of Commercial Fishing in the San Diego Area with a Primary Focus on Commercial Fishing Facilities and Infrastructure within the Port of San Diego at Tuna Harbor and Driscoll’s Wharf,” which was delivered to the District in August 2018 and is provided as Attachment F to this agenda sheet. The three primary goals of this report were to: (1) validate the demand for commercial fishing operations; (2) justify any new or recommended infrastructure improvements to satisfy demand for commercial fishing operations; and (3) inform design and implementation of Tuna Harbor for the Central Embarcadero Redevelopment project and Driscoll’s Wharf. This report was not prepared by the District; however, during preparation of the report, the report’s authors consulted District staff on factual information related to commercial fishing. Any opinions, advice, statements, or other information or content expressed in the report by third parties, are those of the authors and do not necessarily state or reflect those of the District.
The report indicates that “San Diego’s share of California’s commercial fishing landings and associated revenues are artificially depressed because of a lack of suitable infrastructure” and that a “revitalization necessarily requires consideration of both Tuna Harbor and Driscoll’s Wharf…” because “[W]hile some redundancies are necessary and unavoidable, an opportunity exists to plan and develop a unified, mutually supporting system which offers synergistic possibilities.” A summary of the report’s conclusions and recommendations, as included in the Executive Summary of the report, is as follows:
• There is a lack of available, and properly maintained, infrastructure necessary to support and enhance the District’s commercial fishermen and fisheries.
• A growing movement is fueling the public’s demand for fresh, locally-sourced, and sustainable food products.
• Cultivate a pipeline for a new generation of fishermen.
• Reclaim San Diego as a leader and model for the [commercial fishing] industry.
• Create a sustainable resilient governance structure [to represent the interests of the San Diego fishing community].
• Create a viable funding strategy [to fund maintenance and improvements of existing infrastructure].
• Create a phasing strategy to plan for the potential future, but incorporate contingencies, to accommodate future uncertainties [in the commercial fishing industry].
• Use aquaculture and commercial fishing in a mutually supportive system to expand the fishing industry in the future and reduce the nation’s dependence on imported seafood products.
The report also contains recommendations for infrastructure improvements at G Street Mole/Tuna Harbor and Driscoll’s Wharf, ranked in order of high priority, medium priority, and low priority.
Revitalization Plan Commissioned by District:
With grant funds from the California Coastal Conservancy, the District hired Lisa Wise Consulting, Inc. to prepare the “Commercial Fisheries Revitalization Plan,” which was completed in 2010 (see Attachment G to this agenda sheet). The plan, which focused on Driscoll’s Wharf and Tuna Harbor, addressed the economic, regulatory, market, environmental, and infrastructure opportunities and constraints facing the local commercial fishing industry, as well as public access and public awareness opportunities for Driscoll’s Wharf and Tuna Harbor. The plan consists of two documents - the “Background and Existing Conditions Report,” and a “Preferred Alternative and Implementation Plan.”
The Background and Existing Conditions Report provided a comprehensive view of the fishery and related infrastructure, markets, landing and earning trends, comparisons to State and national fisheries and other ports, and physical conditions/constraints. The Background and Existing Conditions Report stated that “[i]nfrastructure, including offloading docks, ice facilities, and storage and works areas is critical to an efficient and capable operation and is key to revitalizing San Diego’s commercial fishing industry.” The Preferred Alternative and Implementation Plan identifies infrastructure and non-infrastructure improvements that could help to “revitalize” the commercial fishing industry at Driscoll’s Wharf and Tuna Harbor, including the estimated costs of these improvements.
Per Resolution 2010-178, the Board adopted the Commercial Fisheries Revitalization Plan in December 2010. That resolution notes that in order to maximize commercial fishing occupancies, the facilities and amenities at Driscoll’s Wharf need to be modernized and improved; however, without the benefit of subsidies or non-commercial fishing rent revenue, there are impediments in maximizing the value at Driscoll’s Wharf. Also, as noted in the resolution, it is “recommended that District staff be authorized to pursue regulatory coordination for a mixed use of vessel types with preference to commercial fisherman at the under-utilized Tuna Harbor to generate revenue that can assist funding the fisheries revitalization at Driscoll’s Wharf.”
Some improvements recommended in the Commercial Fisheries Revitalization Plan have since been made. For example, in 2012, the District and Driscoll’s Wharf made the following improvements at and adjacent to Driscoll’s Wharf:
• Structural upgrading to the existing offloading pier and new crane;
• Purchase and installation of a small scale ice machine;
• Design, fabrication and placement of interpretive signage; and
• Planning for on-site fisherman’s market.
These improvements, which totaled approximately $486,000 were funded through a combination of a grant from the California Coastal Conservancy ($285,500), the District’s Capital Improvement Program ($190,500), and the Driscoll’s Wharf tenant, Driscoll’s Marina, Ltd. ($10,000).
Commercial Fishing Fact Sheet prepared by NOAA:
As a summary to a report currently being prepared that will be finalized later this year, NOAA’s National Marine Fisheries Service (NMFS) prepared a fact sheet titled “The Importance of Working Waterfronts to Providing a Sustainable Supply of Seafood to U.S. Consumers: A San Diego Example” in February 2019 (Attachment H). This fact sheet was provided to the Board as part of public comment made by a NOAA staff representative at the February 12, 2019 PMPU Board Workshop. As stated in the fact sheet, NOAA’s NMFS and the California Department of Fish and Wildlife “monitor and manage our fisheries and aim to ensure that U.S. and California citizens benefit from the resulting seafood supply, employment and revenue.”
The fact sheet indicates that fisheries are dynamic and are influenced by changes in public demand, market conditions, regulations, resource availability, and fishing technology. Fluctuations in commercial landings may result from a number of contributing factors, including migrating populations or changes in fishing regulations, and often require local fisheries to be adaptive.
The fact sheet states that “since 1997, the average annual weight of seafood products landed in San Diego has trended downward, however the average annual ex-vessel value (dollar value fishermen receive for their catch) has trended up.” The report further supports the value of San Diego fisheries by acknowledging that “since 1981, the annual ex-vessel revenues of seafood landed to San Diego County ports has ranged from $6.3 million to $201.5 million with an annual average of $21 million.”
In addition, the fact sheet provides data for catches (both in metric tons and ex-vessel value) that were landed in Orange and Los Angeles County ports despite being caught closer to San Diego. NMFS concludes that this is likely due to the lack of adequate infrastructure at San Diego facilities and “results in potential missed opportunities for fresh, locally-caught seafood, as well as economic benefit for San Diego…[including] an average potential increase in landings into San Diego for large pelagic species rang[ing] from $924,000 to $1.7 million.”
Studies’ Conclusions
Based on the conclusions of these four studies, there is a correlation between the success of a commercial fishing facility (i.e., viability, profitability, and long-term sustainability) and the availability of properly maintained commercial fishing infrastructure. Considering this correlation, in addition to the importance of commercial fishing pursuant to the Coastal Act and Port Act, staff will recommend the PMPU include potential future infrastructure and maintenance projects on the appealable1 projects lists for the commercial fishing facilities located in Planning Districts 1 and 3.
Commercial Fishing Designated Areas
The current Port Master Plan designates two areas for commercial fishing uses - Driscoll’s Wharf in the Shelter Island Planning District, and G Street Mole/Tuna Harbor in the Embarcadero Planning District.
Methods to Memorialize the Existing Commercial Fishing Acreage in the Shelter Island Planning District
Method 1: In the existing Shelter Island Planning District, the existing Port Master Plan acreage table identifies 2.9 acres of land for commercial fishing and 5.7 acres for commercial fishing berthing. This method is identified as SHELTER ISLAND METHOD 1 in Table 1 below.
Method 2: The GIS conversion of the Shelter Island Planning District land and water use map indicates that there is 2.47 acres of land for commercial fishing and 6.61 acres of water for commercial fishing berthing. This method is identified as SHELTER ISLAND METHOD 2 in Table 1 below.
For the Shelter Island Planning District, a comparison of the existing Port Master Plan acreages, the acreages associated with the GIS conversion of the existing Port Master Plan map, and the acreages from the land survey are shown below on Table 1.
Methods to Memorialize the Existing Commercial Fishing Acreage in the Embarcadero Planning District
Method 1: In the existing Centre City Embarcadero Planning District (Embarcadero Planning District), the existing Port Master Plan acreage table identifies 5.4 acres of land for commercial fishing and 13.1 acres for commercial fishing berthing. This method is identified as EMBARCADERO METHOD 1 in Table 2 below.
Method 2: The GIS conversion of the Embarcadero Planning District land and water use map indicates that there is 3.68 acres of land for commercial fishing and 18.62 acres of water for commercial fishing berthing. This method is identified as EMBARCADERO METHOD 2 in Table 2 below.
Method 3: While discussions on these acreage differences were ongoing with staff and the CFSG, public comment suggesting the need for a land survey of the Central Embarcadero commercial fishing areas was made at the March 28, 2018 PMPU Board workshop. In response, the Board directed staff to work with the commercial fishermen and the District’s surveyor to complete a survey of the existing land-side commercial fishing areas in the Central Embarcadero subdistrict. Staff worked with the commercial fishermen to identify, via outlines on an aerial map, the land and water areas that the fisherman considered to be used for commercial fishing. The District surveyor then surveyed the boundaries identified by the commercial fishermen. The survey identified that there are 3.99 acres of land for commercial fishing and 18.78 acres of water for commercial fishing berthing. This method is identified as EMBARCADERO METHOD 3 in Table 2 below. As part of the current redevelopment program proposed by 1HWY1, a commitment has been made to provide 3.99 acres of commercial fishing land area within the G Street Mole adjacent to the Tuna Harbor Basin berthing area.
For the Embarcadero Planning District, a comparison of the existing Port Master Plan acreages, the acreages associated with the GIS conversion of the existing Port Master Plan map, and the acreages from the land survey are shown below on Table 2.
Given the District’s Coastal Act and Port Act mandates to protect commercial fishing facilities, staff supports using the acreages from the GIS conversion of the Port Master Plan for the Shelter Island Planning District (SHELTER ISLAND METHOD 2) and the survey for the Embarcadero Planning District (EMBARCADERO METHOD 3) as the representation of the existing commercial fishing land and berthing acreage for commercial fishing baywide as represented in the summary table below (Table 3).
Options to Increase Commercial Fishing Acreage in San Diego Bay
Shelter Island Planning District
At the March 28, 2018 PMPU Board workshop, staff received concurrence from the Board to change approximately 4.46 acres of water area adjacent to and southeast of Driscoll’s Wharf in the Shelter Island Planning District from a Navy small craft berthing water use to commercial fishing berthing (OPTION 1).
Also at the March 28, 2018 PMPU Board workshop, staff presented an opportunity to change some water area adjacent to G Street Mole from a commercial fishing berthing water use to sportfishing berthing in association with the Shelter Island change above. This is further discussed in Section B of today’s workshop.
Embarcadero Planning District
As presented at the February 12, 2019 PMPU Board Workshop, staff believes, as part of the PMPU process, that there is an opportunity to more accurately reflect the existing Embarcadero commercial fishing uses at the Grape Street piers, and to potentially further expand those existing uses, as part of the PMPU process. Commercial fishing uses are currently and have historically been located at the two Grape Street piers, but the existing Port Master Plan identifies the area as being designated with a “specialized berthing” water use. The two piers are the same size and configuration - a length of 550 feet, a width of 20 feet for the first 440 feet of the piers, and a width of 30 feet for the last 110 feet (the westernmost part of the piers) of the piers. As part of the PMPU, staff recommends the two Grape Street piers, which together total 0.56 acre be assigned a commercial fishing land use designation. This OPTION 2a would result in a 0.56-acre reduction in the specialized berthing water use designation, which is the current water use designation assigned to the location of the two Grape Street piers. The District’s Engineering-Construction Department estimates the cost of OPTION 2a to be between $3.7M-$5.1M.
In addition, as presented at the February 12, 2019 PMPU Board Workshop, there may be a potential future opportunity to enhance or expand those Grape Street piers by 0.2 acre by widening the 20-foot-wide portions of the piers to be 30 feet wide so that they are the same width for the entire length of the piers. This would result in an additional 0.2 acre of commercial fishing land acreage above the 0.56-acre existing acreage on the two Grape Street piers. This potential additional acreage would result in a total of 4.75 acres of designated commercial fishing land area. The Engineering-Construction Department estimates the cost of OPTION 2b to be between $24M-$31M. This cost estimate is based on removal of the two existing wooden piers and replacing them with two new 30-foot-wide concrete piers. Costs to address seismic code requirements and stormwater mitigation regulations are included in this cost estimate.
In the event the Board directs staff to not include either option for the Grape Street piers in the PMPU, staff will seek additional Board direction to coordinate with the 1HWY1 team to incorporate additional commercial fishing designated land areas into the redevelopment plans for the Central Embarcadero (OPTION 3).
Requested Board Direction on Commercial Fishing Designated Areas
The discussion above includes methods for memorializing the existing commercial fishing acreage in the Shelter Island and Embarcadero Planning Districts of the PMPU, as well as three options for increasing commercial fishing acreage in the San Diego Bay as part of the PMPU. Related to these, the Board may direct staff to proceed with any of the following methods and options, including others deemed appropriate by the Board:
Methods for Memorializing Existing Commercial Fishing Acreage in the Shelter Island Planning District
• SHELTER ISLAND METHOD 1: Maintain the acreages in the existing Port Master Plan (2.9 land acres and 5.7 water acres).
• SHELTER ISLAND METHOD 2: Maintain the acreages included in the baseline GIS conversion (2.47 land acres and 6.61 water acres). This is the staff recommendation.
Methods for Memorializing Existing Commercial Fishing Acreage in the Embarcadero Planning District
• EMBARCADERO METHOD 1: Maintain the acreages in the existing Port Master Plan, which may require additional coordination with the 1HWY1 team to accommodate additional commercial fishing land area in or around the Tuna Harbor Basin within the Central Embarcadero redevelopment area (5.4 land acres).
• EMBARCADERO METHOD 2: Maintain the acreages included in the baseline GIS conversion (3.68 land acres).
• EMBARCADERO METHOD 3: Maintain the acreages calculated as part of the survey (3.99 land acres). This is the staff recommendation.
Options for Increasing Commercial Fishing Acreage in the Shelter Island Planning District
• OPTION 1: Add 4.46 acres to any of the above Shelter Island methods to reflect the redesignation of the Navy small craft berthing water use to commercial fishing berthing. When coupled with the staff recommendation (SHELTER ISLAND METHOD 2), this would result in a total of 11.07 acres of commercial fishing water acreage.
Options for Increasing Commercial Fishing Acreage in the Embarcadero Planning District
• OPTION 2a: Add 0.56 acre to any of the above methods to reflect the inclusion of the Grape Street Piers. This would result in a total of 4.55 acres of commercial fishing land acreage in the Embarcadero Planning District.
• OPTION 2b: Add 0.76 acre to any of the above methods to reflect the potential future extension to the Grape Street Piers. This would result in a total of 4.75 acres of commercial fishing land acreage in the Embarcadero Planning District.
• OPTION 3: In the event the Board directs staff to not include OPTION 2a or OPTION 2b for the Grape Street piers in the PMPU, staff will seek additional Board direction to coordinate with the 1HWY1 team to incorporate additional commercial fishing designated land areas into the redevelopment plans for the Central Embarcadero.
The table below (Table 4) summarizes the baywide commercial fishing land and berthing acreages under the options described above. Note that the acreages in this table are based on the staff recommended methods for memorializing the acreages in the Shelter Island (SHELTER ISLAND METHOD 2) and Embarcadero (EMBARCADERO METHOD 3) Planning Districts.
Commercial Fishing - Allowed Secondary Uses and Limitations
Over the past two years, staff has been coordinating with stakeholders, specifically the San Diego Fishermen’s Working Group, to confirm the appropriateness of proposed secondary uses within the commercial fishing land and berthing designations.
During public comment at the February 12, 2019 Board PMPU Workshop, concerns were expressed to the Board about the PMPU’s proposed “allowed secondary uses” in the commercial fishing designations, and also about the PMPU’s proposed “allowed ratio of secondary to primary uses.” As presented at the February 12, 2019 Board PMPU Workshop, staff recommends the PMPU Discussion Draft include the following secondary uses within the commercial fishing land and berthing designations.
Commercial Fishing - Allowed Secondary Uses
• Land
o Aquaculture, including fish laboratories and testing
o Food Service/Restaurant (full service) that does not occupy ground floor areas and does not involve access or operations that conflict with commercial fishing
• Berthing*
o Spill Response Services
o Marine and Towing Services
o Aquaculture
o Other coastal-dependent commercial uses that do not interfere, conflict, or are not incompatible with commercial fishing operations
*All secondary uses within the commercial fishing berthing designation are subject to termination provisions when space is needed by commercial fishing, along with a commitment to establish an administrative process requiring consultation with the San Diego Fishermen’s Working Group for management, monitoring and conflict resolution.
The allowed ratio of secondary to primary uses within all land and water use designations has also been a focused topic of discussion with stakeholders, primarily in context of the commercial fishing designations. Concerns focus on the need to ensure protection of high-priority, coastal-dependent uses while allowing for the flexibility to introduce secondary uses in areas that are not fully utilized by primary uses or when appropriate to help activate an area. At the February 12, 2019 Board PMPU Workshop, staff recommended advancing a 25% limitation for allowed secondary uses in commercial fishing in the PMPU Discussion Draft. This ratio is recommended by staff in consideration of the inherent importance of the commercial fishing industry pursuant to the Coastal Act and Port Act.
Commercial Fishing Redevelopment Case Study
Staff prepared a case study with two hypothetical development scenarios subject to the proposed PMPU ratio of allowed secondary uses in the Commercial Fishing use designations to determine the level of investment that the Net Operating Income (NOI) generated from such uses could support. The case study is included as Attachment I to this agenda sheet. Scenario 1 includes a 55-slip marina, 9,000 square feet of building area dedicated to commercial fishing, 3,000 square feet of building area dedicated to restaurant, and 75,000 square feet of parking, landscaping and hardscape. Scenario 2 includes a 55-slip marina, 9,000 square feet of building area dedicated to commercial fishing, 3,000 square feet of building area dedicated to other allowed non-commercial fishing land uses (e.g., aquaculture), and 75,000 square feet of parking, landscaping and hardscape. Under both scenarios, 42 slips are available for use by commercial fishing vessels at a rate comparable to that of Tuna Harbor, and 13 slips are available for use by other allowed non-commercial fishing vessels at a slightly reduced market rate. The assumed occupancy rates for both slip uses is shown below. Each scenario shows that under the proposed ratio of secondary uses, the NOI would not be sufficient to support the level of investment required to develop the projects included in each hypothetical scenario. Put another way, the estimated income from the hypothetical projects would not be sufficient to justify the investment in those projects without a subsidy. While the addition of a restaurant to the project does reduce the feasibility gap, the income generated from the uses on site is still not sufficient to pay for the improvements. Options to improve the market feasibility of development in the Commercial Fishing use designation could include increasing the ratio of secondary to primary uses or only applying the ratio to the landside uses.
Each scenario shows that under the proposed ratio of secondary uses, the NOI would not be sufficient to support the level of investment required to develop the projects included in each hypothetical scenario. Put another way, the estimated income from the hypothetical projects would not be sufficient to justify the investment in those projects without a subsidy. While the addition of a restaurant to the project does reduce the feasibility gap, the income generated from the uses on site would still not be sufficient to pay for the improvements. Options to improve the market feasibility of development in the Commercial Fishing use designation could include increasing the ratio of secondary to primary uses or only applying the ratio to the landside uses. More details on these two development scenarios is included in Attachment I to this agenda sheet.
The conclusion of this case study indicates that the District must examine whether or not a public/private partnership where the facility is privately-operated, under the typical formula applied for redevelopment projects, is the appropriate model for commercial fishing facilities. It is the District’s mission to protect the Tidelands Trust resources of San Diego Bay by providing economic vitality and community benefit through a balanced approach to maritime industry, tourism, water and land recreation, environmental stewardship, and public safety. As required by the Port Act, the District is charged with management of tidelands and diverse waterfront uses that promote fisheries, commerce, navigation, environmental stewardship, and recreation on granted lands. In light of the District’s mission, it may be appropriate to ensure the success and viability of the commercial fishing industry - even if under a model where the public or District’s investment needs to be increased to offset project costs.
Options for the Board to Consider for Allowed Secondary Uses for Commercial Fishing
The following “policy options” are for the Board to consider for incorporation into the PMPU Discussion Draft. To clarify, these policy options would not apply to the Shelter Island commercial fishing facility until (1) the PMPU is certified by the Coastal Commission, AND (2) a redevelopment triggers issuance of a CDP by the District.
POLICY OPTION A: This option would incorporate the allowed secondary uses and ratio of secondary uses that staff has previously recommended to the Board, as discussed in the previous section. Under this option, these allowed secondary uses and ratio of secondary uses would apply equally to the commercial fishing facilities in the Shelter Island and Embarcadero Planning Districts.
POLICY OPTION B: This option would provide for additional secondary uses at the commercial fishing facility in the Shelter Island Planning District.
POLICY OPTION C: This option would allow a higher ratio of secondary to primary uses at the commercial fishing facility in the Shelter Island Planning District.
Both POLICY OPTION B and POLICY OPTION C could potentially allow for the Shelter Island commercial fishing facility to be financially self-sustaining, and the commercial fishing facilities could be maintained or potentially improved with the revenues generated from the non-commercial fishing uses.
B) DRAFT POLICY CONCEPTS FOR THE CENTRAL EMBARCADERO SUBDISTRICT
This section of the workshop focuses on the Central Embarcadero Subdistrict. As shown on Attachment J, most of this subdistrict is part of the Central Embarcadero Redevelopment Project (Redevelopment Project) that is being proposed by 1HWY1, LLC (1HWY1). The Redevelopment Project site includes Seaport Village, Embarcadero Marina Park North, Ruocco Park, and Tuna Harbor. The Headquarters and the Fish Market Restaurant are not part of the Redevelopment Project site. The land area of the Redevelopment Project is proposed to be an “Overlay” area in the PMPU, with specified acreages for Commercial Fishing, Recreation Open Space, Visitor-Serving Commercial Recreation, and Institutional/Roadway. Currently, the water area of the Redevelopment Project is not within that Overlay.
At the March 28, 2018 Board PMPU Workshop, staff presented the following draft policy concepts focused on the Central Embarcadero subdistrict:
• Enhance the Character of Central Embarcadero: Establish the Central Embarcadero as the entertainment district on the waterfront; Support increase in development intensity for the Central Embarcadero subdistrict; Embrace commercial fishing’s significance to the history of San Diego’s waterfront; Create meaningful public space on the waterfront that is active and unique.
• Provide a Balance of Uses: Plan and design for a balance of uses that improve the year-round experience on the Embarcadero for all visitors.
• Promote Diversity in Water Mobility Options: Support a diverse mix of water mobility options; Provide additional transfer areas between land and water.
This section of the workshop includes a summary of some of the major existing commitments the District has in the Central Embarcadero, a summary of public outreach focused on the Central Embarcadero, and refined draft policy concepts specific to the subdistrict. In addition, specific feedback is requested from the Board on some specific water and land areas, including follow-up related to a potential berthing redesignation that was discussed at the March 28, 2018 and February 12, 2019 PMPU Board Workshops.
Major Central Embarcadero Commitments
The following summary of commitments is not exhaustive. At a previous Board meeting, a member of the public brought up the commitments made by the District related to Ruocco Park. In or around November 2008, the District entered into a Donation Agreement for the Development of Ruocco Park with The San Diego Foundation (Foundation) (see Attachment K; District Document No. 54151). The Donation Agreement provides that the Foundation will donate $3,500,000 for the enhanced design, construction and maintenance of Ruocco Park. In exchange, the District agreed that the park would be named “Ruocco Park” and would be used exclusively as a public park for the 66-year term of the Donation Agreement (until November 2074). The Donation Agreement states that should it be necessary to relocate or replace Ruocco Park during the term of the Donation Agreement, Ruocco Park shall be relocated to a comparable site in size and downtown location, which is oriented to the waterfront. The relocation site must be approved by the Foundation and if approved, the relocated Ruocco Park must be developed consistent with the requirements of the Donation Agreement. However, the District must pay for the initial design and construction of the relocated Ruocco Park. If the Foundation disapproves the relocated site, the Foundation shall have no further obligation to make donations under the Donation Agreement and the District must refund the Foundation any monies that have been donated.
Other commitments include a Reciprocal License and Use Agreement (District Document No. 64492) related to shared parking between Seaport Village and The Headquarters.
Public Outreach for the Central Embarcadero Subdistrict
As discussed at the February 2019 Board PMPU Workshops, the PMPU team recently completed public engagement on the Embarcadero Planning District, focusing primarily on the North Embarcadero and Central Embarcadero subdistricts. The public outreach included an online survey and public open house. The online survey, which was available on the District’s webpage, solicited feedback on prioritizing preferences for public access and public spaces within the Embarcadero waterfront was launched on December 13, 2018 and was open through January 31, 2019. In addition to a number of questions focused on the prioritization of the types of public amenities, facilities, and experiences on the waterfront, the survey also provided commenters with an opportunity for open-ended responses about what other features come to mind when they think of a dynamic waterfront along the North Embarcadero and along the Central Embarcadero. Overall, there were 3,330 survey respondents, with a 92% completion rate.
As a companion to the survey, the District hosted a public open house event on Wednesday, January 30, 2019 to obtain feedback specific to the Embarcadero Planning District. This public open house, which had over 70 attendees, allowed for interaction between interested attendees and the PMPU team. The open house featured five stations - one focused on the overall PMPU process, and the other four focused on amenities, activities and mobility throughout the North and Central Embarcadero. Attendees visited the stations and shared their feedback on their preferences related to various amenities, activities and mobility features on the North and Central Embarcadero.
After review of the survey data and input received at the open house, some common themes were apparent and can generally grouped into one of these seven categories: dining and eating; pedestrian access; parking; picnic and park space; outlooks and views of the water; bicycle friendly; and seating areas with shade. Common themes in each of these categories are as follows:
o Common themes related to dining and eating: more restaurants, food trucks, casual cafes, and food and drink kiosks; artisan, small business, non-chain, affordable, different price points.
o Common themes related to pedestrian access: wider sidewalks, waterfront promenades, separate pedestrian and biking paths, walking trails
o Common themes related to parking: affordability, more handicap spaces, close to attractions, maintain USS Midway lot, multi-level structures, connected to public transportation
o Common themes related to picnic and park space: place for picnics, connected parks, waterfronts park space to enjoy the bay, green space, grassy areas, playgrounds, parks large enough to host activities, activated through programming
o Common themes related to outlooks and views of the water: maintain views of the waterfront, not blocking pedestrian views, unobstructed views, open views
o Common themes related to bicycle friendly: protected bike lanes, separate lines for wheeled transportation, bike paths, separate from pedestrian walkways
o Common themes related to seating areas with shade: taking a moment to stop and enjoy the waterfront, shaded areas to rest while walking, areas for elderly visitors to rest, quiet areas to enjoy the waterfront, family friendly
A summary report of the Embarcadero Public Outreach conducted December 2019 through January 2019 is included as Attachment L. Staff presented the results of this outreach at the February 12, 2019 PMPU Board Workshop. However, an overview of the feedback specific to the Central Embarcadero will be re-presented at the March 14, 2019 PMPU Board Workshop.
Draft Policy Concepts for Central Embarcadero
At the March 14, 2019 Board PMPU Workshop, staff will present draft policy concepts for the Central Embarcadero subdistrict that are focused on: mobility hubs; reconfiguring Harbor Drive to better accommodate all modes of mobility; recreation open space, such as promenade configurations, open space activation, and elevated park space; uses at and access to G Street Mole; and design guidelines related to topics such as visual porosity, view corridor extensions, and accessways. The draft policy concepts are included in staff’s preliminary draft of the workshop presentation (see Attachment B to this agenda sheet). Please note that these draft policy concepts are in addition to the draft policy concepts that were presented at the March 28, 2018 Board PMPU Workshop.
Potential Land and Water Use Designations
Staff is requesting Board feedback on specific water and land use areas within the Central Embarcadero. The Board feedback will be incorporated into the PMPU Discussion Draft.
Potential Water Use Designations
There are two water areas in the Central Embarcadero that staff is seeking Board direction on prior to incorporating into the Discussion Draft. The first is a potential redesignation of some commercial fishing berthing area to sportfishing berthing; and the second is a potential new overlay over a water area.
Potential Redesignation of Commercial Fishing Berthing to Sportfishing Berthing
This potential redesignation would change approximately 2.1 acres of commercial fishing berthing (west of the G Street Mole) to sportfishing berthing. At the March 28, 2018 PMPU Board Workshop, staff presented this potential redesignation in companion to the potential redesignation of Navy small craft berthing to commercial fishing berthing in the Shelter Island Planning District, as discussed above in Section A. At the February 12, 2019 Board PMPU Workshop, concerns were raised by the Board and the public on the potential redesignation that would change commercial fishing berthing (west of the G Street Mole) to sportfishing berthing. Concerns were focused mainly on the potential intensity of use that could be associated with redesignating this water area from commercial fishing berthing to sportfishing berthing. Some specific concerns associated with this potential intensification of use were related to views and parking.
Staff is seeking direction from the Board on whether the approximately 2.1 acres should: (a) Remain as commercial fishing berthing as it is designated in the current Port Master Plan, or (b) Change to sportfishing berthing.
Potential New Water Overlay
At the March 28, 2018 PMPU Board Workshop, staff presented the potential redesignation of an approximately 9.49-acre area currently designated as navigation corridor to recreational berthing. This area is located between the south side of the Fish Harbor Pier (the location of the weekly Tuna Harbor Dockside Market) and the southern tip of Embarcadero Marina Park North. The Fish Harbor Pier is currently designated, and is proposed to be designated under the PMPU, as commercial fishing. Also presented at the March 28, 2018 PMPU Board Workshop was that an approximately one-acre water area on the south side of Fish Harbor Pier was proposed to be designated for Industrial and Deep Water Berthing.
Since the March 28, 2018 PMPU Board Workshop, staff has discussed this area with the District’s Maritime department and 1HWY1. As a result of these discussions, a water overlay may be more appropriate to allow flexibility for the future configuration of industrial and deep water berthing and recreation berthing as improvements are planned for the area. Staff recommends that if a new water overlay is created in this area, that it be required to maintain at least one acre of contiguous Industrial and Deep Water Berthing water designation within the overlay and be situated immediately adjacent to a pier appropriate for deep water berthing.
Staff is seeking direction from the Board on whether to: (a) change only the approximately 6.4 acres of navigation corridor to recreational berthing, as proposed at the March 28, 2018 PMPU Board Workshop, or (b) change the approximately 7.4 acres of water area between the Fish Harbor Pier and Embarcadero Marina Park North to a water overlay allowing Industrial and Deep Water Berthing and Recreational Berthing, with requirements to maintain at least one acre of the overlay as contiguous Industrial and Deep Water Berthing adjacent to a pier.
Potential Land Use Designations
Staff is seeking Board direction on the Central Embarcadero Overlay. Two of the three “Overlay Options” that are presented below would identify specific locations for the commercial fishing land use within the Central Embarcadero.
Overlay Option 1
This is the currently/previously proposed overlay for the Central Embarcadero. As described above, most of the Central Embarcadero subdistrict is part of the Central Embarcadero Redevelopment Project (Redevelopment Project) that is being proposed by 1HWY1. The land area of the Redevelopment Project is proposed to be an “Overlay” area in the PMPU, with specified acreages for Commercial Fishing, Recreation Open Space, Visitor-Serving Commercial Recreation, and Institutional/Roadway. Currently, the water area of the Redevelopment Project is not within that Overlay. This OVERLAY OPTION 1 maintains the overlay as being only the land side of the Redevelopment Project.
Overlay Option 2
This option would revise the overlay to identify specific locations for the commercial fishing land use designation. The commercial fishing areas in this OVERLAY OPTION 2 are the commercial fishing areas that were identified in the land survey described in METHOD 3 in Section A of this workshop and agenda sheet. This overlay option includes the existing commercial fishing areas on G Street Mole, Fish Harbor Pier, Chesapeake Fish Company, and the pier west of Chesapeake Fish Company.
Overlay Option 3
This OVERLAY OPTION 3 would shift the acreage associated with the existing Chesapeake Fish Company footprint to the G Street Mole. It should be noted that this option will require additional verification with both the commercial fishermen and the 1HWY1 team to ensure the commercial fishing designated areas accurately reflect future improvement areas, including potential increases to in-water pier areas.
C) DRAFT POLICY CONCEPTS FOR THE SOUTH EMBARCADERO SUBDISTRICT
This section of the workshop focuses on the South Embarcadero Subdistrict. A large portion of this subdistrict is proposed to be a “Recreational Overlay” area in the PMPU, with specified acreages for Recreation Open Space, Visitor-Serving Commercial Recreation, and Institutional/Roadway.
At the March 28, 2018 Board PMPU Workshop, staff presented the following draft policy concepts focused on the South Embarcadero:
• Celebrate Tideland Resources: Protect and preserve view extension corridors and scenic vistas.
• Implement Green Necklace: Require continuous shoreline public walkways.
• Enhance the Character of South Embarcadero: Locate walkways and amenity zones adjacent to the water.
• Inspire Movement Between Spaces: Provide activating amenities and scenic vista areas to connect nodes.
This section of the workshop includes a summary of an existing commitment the District has in the South Embarcadero, and refined draft policy concepts specific to the subdistrict.
South Embarcadero Commitment
Within the South Embarcadero Subdistrict, there is a Purchase and Sale Agreement by and between the District, City of San Diego and Fifth Avenue Landing (District Document No. 68716) related to San Diego Convention Center expansion site and control of that site.
Draft Policy Concepts for South Embarcadero
At the March 14, 2019 Board PMPU Workshop, staff will present draft policy concepts for the South Embarcadero subdistrict that are focused on: reconfiguring Harbor Drive to better accommodate all modes of mobility; creating opportunities for water mobility and water to land transfer points; and recreation open space, such as promenade configuration and open space activation. The draft policy concepts are included in staff’s preliminary draft of the workshop presentation (see Attachment B to this agenda sheet). Please note that these draft policy concepts are in addition to the draft policy concepts that were presented at the March 28, 2018 Board PMPU Workshop.
Next Steps
Public Engagement and Stakeholder Outreach:
Throughout the entire Integrated Planning PMPU effort, the importance of public outreach and stakeholder engagement has been a primary emphasis to help the District ensure the PMPU reflects the needs and desires of visitors to the waterfront and the community. The attached PMPU Public Outreach and Stakeholder Engagement Summary Report (Attachment M) reflects the award-winning2 outreach and engagement approach for Integrated Planning conducted from 2013 to the present.
Looking ahead, our commitment to robust public engagement will continue, but there will be a noticeable pivot as our outreach transitions from a focus on vision, goals and policy concepts to more substantive content related to the Discussion Draft. The District purposefully built public review of a Discussion Draft into the PMPU schedule to encourage public participation as we continue to develop the PMPU. As a part of the upcoming Discussion Draft public review period, the following types of public engagement will be included, as additional ways to embrace public input:
o Get the Word Out - Staff intends to promote the PMPU Discussion Draft through press releases; online, digital and radio advertising; seek increased news coverage with local newspapers and news stations; social media; community organization newsletters; and, the Port’s website.
o Kick Off the Discussion Draft - Initiate the public review period of the PMPU Discussion Draft with a Board Workshop in mid-April.
o Open Our House - Host a public open house event at the Port Administration Building during the Discussion Draft public review period to allow attendees to interact with the PMPU team and ask specific questions about the draft document.
o Bring the PMPU to the Community - Staff also intends to broaden our reach to capture interest and participation from members of the public that may not be aware of the Port of San Diego or the PMPU effort. Public meetings will be scheduled during the Discussion Draft review period in other parts of San Diego County, including northern, eastern and southern areas of the county.
o Solicit Key Input - The PMPU team will continue to conduct one-on-one briefings or group meetings with stakeholders to discuss specific policy or planning district topics.
§ Engage and Discuss - Staff will also plan interactive discussion sessions with key agencies, including Coastal Commission and member city staff. In addition, presentations will be planned to SANDAG Committees, agencies in the region, and community and professional organizations.
PMPU Timeline:
Staff originally proposed that the Discussion Draft be available for a 30-day public review period. However, in late February, the Board received a letter from Coastal Commission staff requesting a 90-day review period in order to provide them with additional time to conduct a thorough evaluation of the draft policy language before moving forward with preparing the PEIR for the PMPU. In addition, the extended review time will allow for more upfront coordination between agencies that may serve to reduce issues later in the process. This letter is included as Attachment N to this agenda sheet.
Staff recommends extending the public review period for the PMPU Discussion Draft to 90-days to accommodate this request. Both the current timeline and an optional timeline reflecting the requested review period are included in Attachment O.
PMPU Discussion Draft
After the completion of the March 14, 2019 Board PMPU Workshop the team is anticipating the following steps for completion of the PMPU Discussion Draft:
• Board Workshop (mid-April 2019). Prior to launching the public review period for the PMPU Discussion Draft, staff will present the Board with an overview of the document and confirm direction to kick-off the public review period. In keeping with the transparent and proactive approach to planning consistently taken throughout the Integrated Planning process, the Discussion Draft PMPU will be made available to provide the Board and the public an opportunity to review the entire draft PMPU document, including the introduction, element goals and policies, and Planning Districts, in a holistic manner. This workshop is tentatively scheduled for April 12, 2019.
• Public Open House Event (May 2019). As described above, following the Board’s workshop on the Discussion Draft, a public open house event will be held to allow for members of the general public to ask questions and interact with the PMPU team regarding the content of the PMPU Discussion Draft. This event will take place in May and will be located at the Port Administration building.
• Public/Community Meetings (May-June 2019). In addition, three public meetings will be held in communities in other parts of San Diego County, including north, east and south parts of the county to solicit interest and participation from members of the public not typically engaged with Port activities.
• Stakeholder Meetings (April-July 2019). Ongoing one-on-one and/or group meetings with stakeholders and agencies to address specific issue areas will continue as necessary through the completion of the Discussion Draft review period.
• Interactive Discussion Sessions (April-July 2019). Interactive discussion sessions and/or presentations will be planned with key agencies, including Coastal Commission staff, member cities, SANDAG Committees, and community and professional organizations. This is anticipated to occur during public review of the Discussion Draft.
• Board Workshop (August/September 2019). Once the 90-day public review period has concluded, the written comments received on the Discussion Draft will be transmitted to the Board and reviewed by the PMPU team. Public comments and Board feedback on the Discussion Draft may result in revisions to the Draft PMPU. Depending on the number and complexity of the comments received, it is anticipated that a workshop with the Board will be scheduled in August or September to present the updated Draft PMPU and obtain direction to use it as the project description for the Draft Programmatic EIR for the PMPU.
CEQA and Coastal Commission Processing
As a part of the environmental review process, it is anticipated the Draft Programmatic EIR will be circulated for public review in early 2020 with the Board’s targeted consideration of the certification of the Final Programmatic EIR and approval of the PMPU in mid-2020. Processing of the PMPU with the California Coastal Commission is expected to take place through the remainder of 2020. As depicted in Attachment O, these anticipated milestones are dependent upon the direction received by the Board and the volume and complexity of comments received; therefore, the timeline may require adjustment as the PMPU process progresses.
General Counsel’s Comments:
The General Counsel’s Office has reviewed the agenda sheet and attachments as presented to it and approves them as to form and legality.
Environmental Review:
This item provides a presentation on draft policy concepts for the Central Embarcadero and South Embarcadero subdistricts, as well as draft policy concepts related to baywide commercial fishing. This presentation is informational in nature and is intended to give staff initial and preliminary feedback on the topic being presented. The item and any Board feedback do not constitute an “approval” or a “project” under the definitions set forth in CEQA Guidelines Sections 15352 and 15378 because no direct or indirect changes to the physical environment would occur. While the Board may request certain policy concepts, uses and other project components be included, alternatives studied or other direction, such direction to staff will not bind the District to a definite course of action prior to CEQA review. Additionally, Board endorsement of the recommended land and water use plan and policy concepts presented does not constitute a binding commitment to approve the PMPU or its contents prior to consideration of the PEIR. These components may be altered through the public engagement process, future Board feedback, and the CEQA process. Full CEQA analysis will be completed prior to the District’s commitment to the PMPU of components thereof, in whole or in part. Moreover, the Board reserves its discretion to adopt any and all feasible mitigation measures, alternatives to the PMPU, including a no project alternative, a statement of overriding consideration, if applicable, and approve or disapprove the PMPU. Those decisions may be exercised in the sole and absolute discretion of the Board. Based on the totality of the circumstances and the entire record, the Board’s direction and action do not commit the District to a definite course of action prior to CEQA review being conducted. Therefore, no further CEQA review is required.
In addition, this informational report allows for the District to implement its obligations under the Port Act and/or other laws. The Port Act was enacted by the California Legislature and is consistent with the Public Trust Doctrine. Consequently, this informational report is consistent with the Public Trust Doctrine.
Finally, this informational report to the Board does not allow for “development,” as defined in Section 30106 of the Coastal Act, or “new development,” pursuant to Section 1.a. of the District’s CDP Regulations because it will not result in, without limitation, a physical change, change in use or increase the intensity of uses. Therefore, issuance of a CDP or exclusion is not required. However, the District’s projects require processing under the District’s CDP Regulations. If a project is formulated as a result of the informational report, the Board will consider approval of the project and any improvements associated after the appropriate documentation under District’s CDP Regulations has been completed and authorized by the Board, if necessary. The Board’s direction in no way limits the exercise of the District’s discretion under the District’s CDP Regulations.
Equal Opportunity Program:
Not applicable.
PREPARED BY:
Lesley M. Nishihira
Director, Planning
Anna Buzaitis
Program Manager, Planning
Attachments:
Attachment A: Facilitator Agenda
Attachment B: Preliminary Draft Staff Presentation for March 14, 2019 Board Meeting Agenda File No. 2019-0088
Attachment C: Memorandum to the Board transmitting the 2011 CAC Summary Report, dated February 28, 2019
Attachment D: District Staff Summary of Driscoll’s Wharf Coastal Commission CDP and District Lease
Attachment E: “West Coast Commercial Fishing Facilities Benchmarking Study,” July 2017
Attachment F: “An Analysis of Commercial Fishing in the San Diego Area with a Primary Focus on Commercial Fishing Facilities and Infrastructure within the Port of San Diego at Tuna Harbor and Driscoll’s Wharf,” August 2018
Attachment G: “Commercial Fishing Revitalization Plan,” April 2010
Attachment H: “National Oceanic and Atmospheric Administration Fact Sheet Regarding the Importance of Working Waterfronts to Providing a Sustainable Supply of Seafood to U.S. Consumers: A San Diego Example,” February 2019
Attachment I: Commercial Fishing Case Study prepared by District staff
Attachment J: Map of Central Embarcadero Subdistrict and 1HWY1 Redevelopment Area
Attachment K: Donation Agreement for the Development of Ruocco Park with The San Diego Foundation
Attachment L: Embarcadero Public Outreach (December 2018-January 2019) Summary Report
Attachment M: Summary of Past Public Outreach and Stakeholder Engagement
Attachment N: Letter from Coastal Commission staff, dated February 27, 2019
Attachment O: Port Master Plan Update Public Outreach Timeline and Drafting Process (Current and CCC Requested Option)
1 Pursuant to Section 30715 of the Coastal Act, any development (as defined by Section 30106 of the Coastal Act) at a commercial fishing facility is considered to be an “appealable” category of development. In other words, any coastal development permit authorized by the Board for an infrastructure or maintenance project at a commercial fishing facility can be appealed to the Coastal Commission.
2 Recent awards for the Integrated Planning initiative include:
• -2018 Gold International MarCom Award, PMPU Public Outreach & Engagement (Category: Strategic Communications, Communications/Public Relations Communications Program) Association of Marketing and Communications Professional <https://enter.marcomawards.com/winners/>s
• 2018 Award of Excellence - Community Education/Outreach (Port Master Plan Update), American Association of Port Authorities (AAPA <https://port.informz.net/informzdataservice/onlineversion/ind/bWFpbGluZ2luc3RhbmNlaWQ9NzY4MzEyOSZzdWJzY3JpYmVyaWQ9MTA1OTgyMjYyNQ>)
• 2018 (CAPIO) Excellence in Public Information and Communications (EPIC) Awar <https://www.portofsandiego.org/press-releases/general-press-releases/port-san-diego-honored-california-association-public>d
• 2017 Silver Bernays Award of Excellence for Community Relation <https://www.portofsandiego.org/press-releases/general-press-releases/port-san-diegos-integrated-planning-vision-wins-2017-silver>s
• 2017 National Environmental Excellence Award, National Association of Environmental Professional <http://www.naep.org/eea2017homepage>s
• 2016 National Planning Excellence Award for a Planning Advocate (Commissioner Ann Moore), American Planning Associatio <https://www.planning.org/newsreleases/2016/mar30-f/>n
• -2016 Silver Bernays Award of Excellence Public Affairs (Cook and Schmid), Public Relations Society of Americ <http://prsasdic.org/news/prsa-chapter-honors-2016-edward-l-bernays-award-winners>a
• ’2016 Presidents Award (HKS Urban Design Studio/Randy Morton), American Institute of Architects San Dieg <http://www.aiasandiego.org/2016-design-award-recipients>o