DATE: October 13, 2016
SUBJECT:
Title
CONDUCT PUBLIC HEARING AND ADOPT A RESOLUTION AUTHORIZING ISSUANCE OF AN APPEALABLE COASTAL DEVELOPMENT PERMIT FOR THE SHELTER ISLAND BOAT LAUNCH FACILITY IMPROVEMENTS PROJECT
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EXECUTIVE SUMMARY:
The San Diego Unified Port District (District), as the project proponent, proposes the repair, maintenance, and replacement of the Shelter Island Boat Launch Facility (SIBLF) which includes the boat launch ramp, jetties and public walkways, gangways, and floating docks, and minor improvements to the kayak launching area, restrooms, and parking adjacent to the restrooms (collectively, “Project”). The Project is located at 2210 Shelter Island Drive in the City of San Diego (Attachment A, Location Maps).
SIBLF is a free public boat launch facility and one of the most heavily used public boat launch facilities in San Diego Bay, with approximately 50,000 boat launches per year. SIBLF was originally constructed in 1956 with upgrades in 1976 and 2005. SIBLF is in need of repairs because of the corrosive and wearing actions of seawater and heavy use by boaters. Also, due to the increased use over time and the use of larger recreational boats, SIBLF has been experiencing congestion and delays when boats launch at the facility. This is further exacerbated during low tide events were basin access is extremely limited.
A Port Master Plan Amendment (PMPA) was processed for the Project; the PMPA certification process was completed on September 8, 2016. Pursuant to the District’s Coastal Development Permit (CDP) Regulations and the California Coastal Act, the Project requires issuance of an appealable CDP. As conditioned, the Project is consistent with the certified Port Master Plan (PMP) and Chapters 3 and 8 of the Coastal Act.
RECOMMENDATION:
Recommendation
Conduct a public hearing and adopt a resolution authorizing issuance of an appealable Coastal Development Permit for the Shelter Island Boat Launch Facility Improvements Project.
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FISCAL IMPACT:
The Board’s action will have no direct fiscal impact to the District’s FY 16/17 approved budget. Construction of the Project will be funded entirely through grants from the California Division of Boating and Waterways and the California Wildlife Conservation Board, who have awarded $6.1M and $3.35M to the District, respectively.
Compass Strategic Goals:
The Board’s actions will enable the District to construct its Project after subsequent approvals are obtained. The Project will improve boating opportunities, waterfront access, and safety for members of the public.
This agenda item supports the following Strategic Goal(s).
• A Port that the public understands and trusts.
• 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.
DISCUSSION:
Background
SIBLF is a free public boat launching facility located at 2210 Shelter Island Drive in San Diego that provides waterfront access opportunities to the public. SIBLF was constructed in 1956 and upgraded in 1976 with reconstruction of the launch ramp. In 2005, an American with Disability Act (ADA) accessible dock was installed. Since its opening in 1956, SIBLF has become a popular facility, with approximately 50,000 boat launches occurring each year. As further detailed below, SIBLF is in need of renovation due to the corrosive and wearing actions of seawater, heavy use by boaters, increased congestion and delays when launching boats, and limited boat access during low tide.
Project Description
The proposed improvements would include the demolition and replacement of the existing 10-lane boat launch ramp; partial removal of the existing rip rap mound jetties and replacement with sheet pile breakwater walls to expand the basin; installation of public walking platforms with viewing areas atop the breakwater walls; replacement of the existing floating docks and installation of new gangways to the floating docks; improvements to the kayak launch area; minor grading of the beach area to restore pre-construction beach profile; restroom improvements; installation of signage and lighting; and other associated improvements. The docks and public walkways will be updated to comply with current safety and ADA accessibility requirements. The proposed improvements would also establish over 600 square feet of on-site eelgrass habitat.
The most significant benefit of this Project is the increase in public access and recreation associated with the replacement of the public boat launch facility. Construction of the project is expected to take a total of approximately 6 to 10 months to complete and is slated to begin in early 2017. The Project construction activities, including active construction areas and laydown/staging areas, would encompass approximately 2.8 acres. Specifically, the Project consists of the following elements.
Demolition and Installation of Temporary Cofferdam, Launch Ramp and Related Improvements
Demolition of the existing 10-lane concrete launching ramp, docks, vehicle/trailer maneuvering area pavement, area lighting poles, and related improvements would occur. Special Condition 1 is included in the draft CDP to require that reconstruction of the launch ramp will be coordinated to allow continued operation of the Seal Tours by Old Town Trolley Tours of San Diego, Inc. (OTT) (Attachment B, Draft CDP). Should construction occur between Memorial Day weekend and Labor Day, Special Condition 2 has also been included in the draft CDP to require a minimum of one launch lane to remain open to the general public for use. As conditioned, the reconstruction will allow OTT and the general public (during the time period identified) to access an approximately 15-foot-wide section of launch ramp during the majority of the Project construction period (there may be small periods of time where the ramp may become unavailable due to safety concerns or construction conflicts).
Construction of the concrete launching ramp would be performed by using a temporary steel sheet pile cofferdam to allow the ramp to be constructed in dry conditions. The temporary cofferdam would allow the concrete ramp to be constructed and cured before allowing contact with tidal waters. A total of approximately 200 24-inch-wide (1-inch thick), 35-foot-long vertical sheet piles and 25 10-inch-wide, 45-foot-long battered steel ‘H’ piles would be temporarily installed to support the cofferdam. The temporary steel sheet piling for the cofferdam would be installed using a vibratory pile driving hammer when possible; however, an impact pile driving hammer may be used when required where firmer subsurface soil conditions are encountered. The temporary steel sheet piles would be supported laterally by slightly angled, or leaning, steel batter piles that would be installed with either a vibratory pile driving hammer or an impact pile driving hammer depending on soil conditions. The area behind (landward of) the cofferdam would be dewatered during construction in compliance with regulatory requirements. After construction and curing of the concrete ramp, the temporary sheet pile cofferdam and supporting batter piles would be removed using vibratory pile driving equipment.
The existing launch ramp measures approximately 16,090 square feet and would be increased by 2,340 square feet to approximately 18,430 square feet as a result of the Project. The increase in launch ramp area would be necessary to raise the top of the ramp approximately two feet to a more appropriate elevation, which would accommodate future anticipated sea level rise, and would require the ramp to be extended 23 feet southward. Although the size of the ramp would increase, the area of the ramp below the 7.79-foot Mean Lower Low Water (MLLW) mark would decrease because the top of the ramp would be at higher elevation. Approximately 14,780 square feet of the new ramp would be below 7.79 feet MLLW as compared to the existing launching ramp, for which 15,600 square feet is below 7.79 feet MLLW.
Jetty Demolition and Installation of Breakwater and Public Walkways
Partial removal (approximately 27,154 square feet) of the existing rock jetties would occur and they would be replaced with permanent concrete breakwater walls to expand the boat basin within the existing jetty footprint from approximately 22,800 square feet to approximately 38,300 square feet. The expanded basin would create approximately 15,500 square feet of additional navigable water area within the existing basin and reduce congestion and improve boat and ramp operations and boater safety. However, the overall outside area, or footprint, of SIBLF would not increase from its existing footprint.
Installation of two new breakwater walls within the existing jetty footprint would occur, with the west wall measuring 250 feet long and the east wall measuring 190 feet long. The breakwater walls would have a 60-foot wide opening to allow for boat access to and from the San Diego Bay. The permanent breakwater wall would be made from precast wave attenuation panels supported by approximately 51 60-foot-long HP14 or “H” piles (steel piles with a cross section shaped like an H and approximately 14 inches in height and width) and 31 square, 16-inch-wide by 54-foot-long, concrete batter piles.
An approximate 6-foot-wide accessible public walkway with widened overlook areas would be constructed along the top of each breakwater wall to provide pedestrian access and viewing of the bay. The walkways would meet the state accessibility codes and ADA requirements.
The rock and soil jetties would be removed with landside and barge-mounted waterside equipment. It is likely that most of the jetty material would be removed using land-based excavating equipment working from the outer extremities of the jetties and moving shoreward as the jetties are removed. Remaining subtidal jetty material that cannot be reached by the land-based equipment would be removed with barge-mounted excavating equipment. A total of 14,500 cubic yards of material would be excavated, which includes: jetty riprap (6,100 cubic yards), jetty core fill (7,500 cubic yards), and dredged sediment (900 cubic yards). This maintenance dredging of the basin sediment would be required to maintain the existing depths. A portion (approximately between 1,150 and 1,350 cubic yards) of the jetty riprap, jetty core fill, and dredged materials is planned to be beneficially reused on-site for various Project improvements. The remainder of the riprap, jetty core fill, and dredged material (approximately between 13,150 and 13,350 cubic yards) would be removed and transported to a landfill.
The permanent concrete breakwater wall would be made from precast wave attenuation panels supported by steel “H” piles and concrete batter piles. The steel “H” piles would be vibrated as far as possible and if necessary driven to full design depth with an impact pile driving hammer. The precast wave attenuation panels would be lowered into place and aligned, and then the void between the “H” pile and precast panel filled with concrete to create the pile system that supports the wall. The concrete breakwater walls would be supported by angled precast concrete batter piles to provide the necessary lateral support to resist the forces of the tides and current within San Diego Bay, and to provide support for the walkway on top of the breakwater walls.
The relatively small diameter batter piles would be placed by the impact pile driving method to assure firm support for the breakwater walls. All pile driving would incorporate the use of cushion blocks made of wood or similar material to protect the top of the piles as they are driven and to decrease the noise produced by the pile driver striking the piles. Soft start pile driving techniques are being proposed. The use of a soft start procedure is believed to provide additional protection to marine mammals by providing a warning and giving the marine mammals a chance to leave the area prior to the contractor operating the impact hammer at full capacity. This soft start technique is recommended by the National Marine Fisheries Service (NMFS) for impact and vibratory pile driving. The soft start technique requires contractors to initiate noise from vibratory hammers for fifteen seconds at reduced energy followed by a 30-second waiting period. This procedure should be repeated two additional times. If an impact hammer is used, contractors are required to provide an initial set of three strikes from the impact hammer at 40 percent energy followed by a 30-second waiting period, then two subsequent three-strike sets. Furthermore, in order to minimize turbidity, the Project would include the use of silt curtains during all in-water construction activity as part of the design of the Project.
Floating Dock Replacement and Gangways
Replacement of the two existing floating docks and abutments with two new docks located along the interior perimeter of the basin would occur. The work would include the removal of six guide piles, two concrete abutments, two docks, and two ramps; and the installation of 17 new 16-inch diameter by 30-foot long precast concrete guide pilings, and 10 new precast 12-inch square by 40-foot-long square support piles. Installation of new prefabricated aluminum gangways would occur to provide access from shore to the floating docks (one 34-foot standard gangway and one 80-foot ADA accessible gangway to accommodate users with disabilities).
On-site Eel Grass Mitigation
Over 600-square-feet of on-site eelgrass habitat will be created to mitigate impacts associated with the Project. The mitigation area is identified within the Project footprint, generally between the new east dock and the existing east jetty. Special Condition 4 in the draft CDP includes provisions for eelgrass mitigation and pre- and post-construction surveys.
Pavement Striping, Signage, and Accessory Access Improvements
Installation of pavement striping and signage to better designate the existing kayak drop-off area would occur. The kayak launch area is currently 1,300 square feet and no changes to the size of the launch area are proposed. In addition, the Project would include the installation of a concrete sidewalk (approximately 160 feet long) with curb and gutter (approximately 720 feet long) to improve access and safety of the users of SIBLF. The total area to be re-paved would be approximately 16,600 square feet. Installation of a Division of Boating and Waterways and Wildlife Conservation Board Project Sign would be provided, featuring the facility name and identifying the Division of Boating and Waterways and Wildlife Conservation Board as the Project funding agencies and the District as the agency responsible for SIBLF operations and maintenance. The Project would also provide for the installation of Best Management Practices (BMPs) to provide treatment of stormwater runoff.
Beach Profile Grading and Launch Ramp Protection
In order to reinstate the pre-construction beach profile, minor re-grading of approximately 2,100 square feet of beach area would occur after removal of the western jetty and installation of the new breakwater wall. Installation of rock slope protection adjacent to the launch ramp would also be provided within the basin by beneficially reusing approximately 850 cubic yards of existing rock revetment materials.
Lighting, Restroom Screen Walls, and ADA-Parking Restriping
The Project would include the installation of updated lighting utilizing light-emitting diode (LED) technology for electrical efficiency and longevity. In addition, minor interior modifications to the restrooms will be performed replacing two masonry screen walls to bring the restrooms into compliance with current ADA standards, and two existing ADA accessible parking stalls would be modified to provide two 40-foot-long ADA accessible parking stalls near the restrooms for vehicles with boat trailers. The Project would not increase the capacity or use of SIBLF, would not affect land-side buildings, and would not require additional on-site parking spaces or employees. The Project would include minor interior modifications to the restrooms in order to meet current ADA standards, but these modifications would not affect the restroom building. The single-story building used by the Outboard Boating Club of San Diego, Inc. would remain unchanged. After construction is completed, the approximately 113 existing parking spaces for vehicles with attached boat trailers and approximately 239 general-use vehicles located adjacent to the boat launching area would continue to provide parking for SIBLF.
Less Impactful Project Scope
Subsequent to the Board’s adoption of the Final Mitigated Negative Declaration (MND) and approval of the PMPA, the Project scope was reassessed by the District’s Engineering-Construction Department in early preparation of the construction design process. During this review, components of the Project were revised based on improved construction techniques and operational efficiencies. District staff reviewed the revisions and found that they would result in less impact to the environment than was analyzed in the MND.
The following table provides a summary of existing improvements, the proposed Project as revised, and the Project scope as analyzed in the MND. Note that the items in underline represent the revised Project while the items in strikeout represent the scope analyzed in the MND.
In addition, the accessible walkways located along the top of the breakwater walls have been increased from five to six feet in width and the Project sign was updated to include a reference to the Wildlife Conservation Board in addition to the Division of Boating and Waterways.
Coastal Development Permit
The Project site is located in Planning District 1, Shelter Island/La Playa, which is delineated on Precise Plan Map Figure 4 of the certified PMP. The Project is listed as project number 16 “Shelter Island Boat Launch Facility Improvements” on the Planning District 1 Project List (Table 7) in the certified PMP. The PMP water use designations within the limits of the Project are “Recreational Boat Berthing” and “Open Bay.” The Project conforms to the certified PMP because it proposes redevelopment of the existing boat launch facility consistent with the existing certified water use designations.
On January 12, 2016, the Board approved the PMPA for the Project (Resolution No. 2016-08). On June 8, 2016, the California Coastal Commission (CCC) found the Project to be in conformance with the Chapter 3 and Chapter 8 policies of the California Coastal Act, and certified the PMPA (CCC Reference No. PMP-6-PSD-16-0001-1). On July 27, 2016, the Board adopted the PMPA as certified by the CCC for the Project (Resolution No. 2016-116). On September 8, 2016, the CCC took final action on the PMPA, and accepted the Board’s adoption of CCC certification of the PMPA.
A copy of the draft CDP is provided as Attachment B to this Agenda Sheet. As required by the Final MND for the Project, the District will be required to comply with all applicable mitigation measures as specified in the Mitigation Monitoring and Reporting Program (MMRP) adopted by the Board on January 12, 2016 (Resolution No. 2016-07). Special conditions are incorporated into the CDP to ensure project conformance with the Final MND’s MMRP requirements. In addition, the draft CDP includes special conditions requiring a minimum of one launch lane be kept open to Seal Tours by Old Town Trolley Tours of San Diego, Inc. throughout the construction duration and the public during the period between Memorial Day and Labor Day.
The Project is not considered “Excluded” under the District’s CDP Regulations because it would not qualify as a conversion of “small” structures. Furthermore, the Project has been determined to be “appealable” because improvements to small craft marine-related facilities are classified as appealable under the California Coastal Act and the CDP Regulations.
The Project is located between the sea (as defined in the Coastal Act) and the first inland continuous road paralleling the sea, and the Project is fully consistent with Public Resources Code Sections 30604(c), 30210-30224, and the Coastal Act public access and recreation policies referenced therein. The Project is intended to provide accessibility for users with disabilities, to provide more navigable water area within the existing breakwater basin to launch and retrieve boats, to improve boat maneuverability, to reduce boat congestion, and to improve boat safety and operations at SIBLF. As a lower cost visitor and recreational facility, SIBLF is protected and encouraged by the Coastal Act. The Project therefore conforms to the planned water use designations, Precise Plan text, and Project list, and is thus consistent with the certified PMP. Based on this finding, a CDP may be issued.
Pursuant to the CDP Regulations, a public hearing is required. Notices were mailed to all property owners and occupants within 100 feet of the Project site, interested parties, City of San Diego, and the CCC to inform them that a public hearing will be conducted on the CDP issuance for the Project. Board action on this Project may be appealed to the CCC pursuant to Chapter 7 of Division 20 of the Public Resources Code within 10 working days after the CCC receives the notice of the Board’s decision on the CDP issuance. After the CCC receives the notice of the Board’s decision, if a written appeal is not filed within 10 working days, the Executive Director may issue the permit immediately.
Next Steps
If the Board authorizes issuance of an appealable CDP, the District will finalize pending applications with the U.S. Army Corps of Engineers (ACOE) and San Diego Regional Water Quality Control Board (RWQCB) prior to starting construction. Staff anticipates ACOE’s issuance of a provisional Clean Water Act Section 404 Permit in late October/early November 2016, with the RWQCB’s issuance of a Stormwater Construction General Permit and Clean Water Act Section 401 Water Quality Certification in late November/December 2016. Construction of the Project is anticipated to commence in February 2017 and is expected to take a total of approximately 6 to 10 months to complete.
General Counsel’s Comments:
The General Counsel’s Office has reviewed the agenda sheet and attachments thereto and as presented to the Office of the General Counsel, approves them as to form and legality.
Environmental Review:
The proposed Board action would adopt a resolution authorizing the issuance of an appealable CDP. In accordance with California Environmental Quality Act (CEQA) and its implementing guidelines, the potential impacts of the Project on the environment were analyzed in the Final MND entitled “Shelter Island Boat Launch Facility Improvements Project and Port Master Plan Amendment” (UPD #MND-2015-38; Clerk’s Document No. 63789). The MND documented, described, disclosed, and analyzed the environmental impacts of the Project. On January 12, 2016, the Board conducted a public hearing and adopted Resolution No. 2016-07, adopting the Final MND and adopting the MMRP prepared for the Project.
The Board relied on the Final MND to approve the PMPA for the Project on January 12, 2016, and to adopt the PMPA for the Project on July 27, 2016. Similarly, District staff finds that the MND is adequate for the Board to authorize issuance of an appealable CDP as the proposed action is a subsequent governmental approval required to implement a previously approved project (CEQA Guidelines §15378(c)). Accordingly, the District has determined that the Board action is merely a step in furtherance of the original Project for which environmental review was performed and no further environmental review is required.
District staff has evaluated the proposed Project and associated revisions as described herein with the information contained in the MND and MMRP. District staff finds that the Project, as revised, would not result in any substantial adverse effects to the environment with the incorporation of mitigation measures in the adopted MMRP. Pursuant to CEQA Guidelines §15162(b), District staff finds and recommends that no further CEQA analysis be required for the Project as: 1) the proposed revisions are not substantial and do not require major revisions to the MND due to the involvement of new significant environmental effects or an increase in severity of previously identified significant effects; and 2) no new significant information has come to light that shows the Project will have one or more significant effects not discussed in the MND, identified significant impacts would be more severe, mitigation measures or alternatives are now feasible that were identified as infeasible and those mitigation measures or alternatives would reduce significant effects, and no changes to mitigation measures or alternatives have been identified (CEQA Guideline §15162(a)). Because none of these factors have been triggered, the District has the discretion to require a subsequent negative declaration, an addendum, or no further analysis/documentation. (CEQA Guideline §15162(b) (if the factors of CEQA Guideline §15162(a) are not triggered, the lead agency has the discretion whether to require a subsequent CEQA analysis is required or no further analysis.) The minor revisions to the Project would result in a smaller scope and would be less impactful to the environment and hence, District staff recommends that no additional analysis be conducted. Note that the District will still impose the mitigation measures identified in the MND and MMRP and no changes to the mitigation measures are proposed. Therefore, the MND and MMRP are adequate to carry out the Board’s action on the appealable CDP.
Finally, the proposed Board action complies with Section 87 of the Port Act, which allows for the establishment, improvement, and conduct of small boat harbors, marinas, aquatic playgrounds, and similar recreational facilities, and for the construction, reconstruction, repair, maintenance, and operation of all works, buildings, facilities, utilities, structures, and appliances incidental, necessary, or convenient for the promotion and accommodation of any of those uses, including, but not limited to, snack bars, cafes, restaurants, motels, launching ramps, and hoists, storage sheds, boat repair facilities with cranes and marine ways, administration buildings, public restrooms, bait and tackle shops, chandleries, boat sales establishments, service stations and fuel docks, yacht club buildings, parking areas, roadways, pedestrian ways, and landscaped areas. The Port Act was enacted by the California Legislature and is consistent with the Public Trust Doctrine. Consequently, the proposed Board action is consistent with the Public Trust Doctrine.
Equal Opportunity Program:
Not applicable.
PREPARED BY:
Joseph Smith, AICP
Senior Planner
Real Estate Development
Attachments:
Attachment A: Location Maps
Attachment B: Draft Coastal Development Permit