File #: 2018-0486    Version: 1 Name:
Type: Action Item Status: Passed
File created: 10/17/2018 In control: Board of Port Commissioners
On agenda: 12/11/2018 Final action: 12/11/2018
Title: RESOLUTION AUTHORIZING ISSUANCE OF A NON-APPEALABLE COASTAL DEVELOPMENT PERMIT FOR THE CHULA VISTA BAYFRONT SWEETWATER PEDESTRIAN/BIKE PATHWAY PROJECT
Attachments: 1. 6. 2018-0486 Attachment A, 2. 6. 2018-0486 Attachment B, 3. 6. 2018-0486 Attachment C, 4. 6. 2018-0486 Attachment D, 5. 6. 2018-0486 Attachment E, 6. 6. 2018-0486 Attachment F, 7. 6. 2018-0486 Attachment G, 8. 6. 2018-0486 Attachment H, 9. 6. 2018-0486 Attachment I, 10. 6. 2018-0486 Attachment J, 11. 6. 2018-0486 Draft Resolution

DATE:     December 11, 2018

 

SUBJECT:

 

Title

RESOLUTION AUTHORIZING ISSUANCE OF A NON-APPEALABLE COASTAL DEVELOPMENT PERMIT FOR THE CHULA VISTA BAYFRONT SWEETWATER PEDESTRIAN/BIKE PATHWAY PROJECT

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EXECUTIVE SUMMARY:

 

The District (Applicant) proposes construction of the Sweetwater Pathway (Path), a multi-use pedestrian and bicycle pathway and bridge, on the Chula Vista Bayfront (CVB). The Port Master Plan Amendment (PMPA) for the CVB Master Plan (CVBMP) envisioned a bayfront connected through an extensive open space system comprised of a signature park and trail network.  Sweetwater Park (Park), located in the Sweetwater District, is planned to provide public viewing access opportunities to the adjacent Sweetwater Marsh National Wildlife Refuge (NWR) and San Diego Bay.  The proposed Path, a key component of the Park, would provide a pedestrian route from existing and proposed developments between the north and south of the CVB and an important connection to the existing Bayshore Bikeway cycle path.

 

In 2017, the District received funding in the form of an Urban Greening Grant (Grant) from the California Natural Resources Agency (CNRA) to facilitate the design and construction of the Path.  Due to Grant timing obligations, the District must expedite entitlement of the Path in advance of the Park (the planning of which is underway via a separate planning effort).

 

In May 2010, the Board of Port Commissioners (Board), as lead agency under the California Environmental Quality Act (CEQA) adopted Resolution No. 2010-78, certifying a Final Environmental Impact Report (Final EIR) (UPD #83356-EIR-658; SCH #2005081077; Clerk Document No. 56562), adopting findings of fact, a statement of overriding considerations, and a Mitigation Monitoring and Reporting Program (MMRP) and adopted Resolution No. 2010-79, approving the PMPA and authorizing the PMPA be submitted to the California Coastal Commission (CCC) for its certification. In August 2012, the CCC unanimously certified the PMPA and in doing so made minor changes to the PMPA and incorporated the CVBMP Development Policies (Clerk Document No. 59407) and CVBMP Public Access Plan (PAP) (Clerk Document No. 59408). The effort was the result of a decade-long planning effort.  In August 2013, the Board adopted an Addendum to the Final EIR (Clerk Document No. 60864) for minor revisions to the H Street extension component of the CVBMP.  In April 2018, the Board adopted a Second Addendum to the Final EIR (Clerk Document No. 68404) that found the PMPA, as certified by the CCC was a minor change to the original PMPA approved by the Board and was consistent with the Final EIR prepared for the CVBMP. Staff has determined that the Path was sufficiently analyzed in the Final EIR and Second Addendum. 

 

Due to the location of the Path, entitlement under the California Coastal Act (Coastal Act) requires the issuance of three separate Coastal Development Permits (CDP): 1) a non-appealable CDP for the majority of the Path, which is the subject of this Agenda Sheet (the Project); 2) an appealable CDP to be subsequently issued by the City of Chula Vista (City) for a smaller portion of the Path and pedestrian/bicycle bridge crossing; and 3) the Costa Vista RV Resort (RV Resort) CDP authorized by the Board on September 12, 2018 (Board Resolution No. 2018-0390) that provides the northerly CVB connection to the Bayshore Bikeway and Bay Boulevard. As conditioned, the Project is consistent with the certified Port Master Plan (PMP) and Chapters 3 and 8 of the Coastal Act.

 

RECOMMENDATION:

 

Recommendation

Adopt a Resolution authorizing issuance of a non-appealable Coastal Development Permit for the Chula Vista Bayfront Sweetwater Pedestrian/Bike Pathway project.

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FISCAL IMPACT:

 

The current recommended action will not have a direct fiscal impact; however, in authorizing the issuance of a non-appealable CDP for the Project, the District will be fulfilling obligations of the agreement for the Grant funding of $4,800,000.  Match funding of $794,000 for the Grant is included in the Fiscal Year (FY) 2014-2018 Capital Improvement Program (CIP) (Site Preparation at Chula Vista Bayfront Project; P0460-1) and is budgeted for in the FY 2018 Capital Outlay budget.

 

Compass Strategic Goals:

 

The Board’s action would enable the development of a pedestrian and bicycle path and associated mitigation on the CVB and provide additional recreational amenities in the area.

 

This agenda item supports the following Strategic Goals:

 

                     A vibrant waterfront destination where residents and visitors converge.

                     A Port with a healthy and sustainable bay and its environment.

                     A Port that is a safe place to visit, work and play.

 

DISCUSSION:

 

Background

 

Starting in 2002, the District, the City, and the City Redevelopment Agency (RDA) started a multi-agency comprehensive planning effort for the CVB.  In May 2010, the Board, the City Council, and the RDA certified the Final EIR for the CVBMP, in which the District was the lead agency and the City was a responsible agency pursuant to CEQA.  The Final EIR analyzed land use changes and the redevelopment of the 556-acre CVBMP.  The CVBMP encompasses an area that includes 497 acres of land area and 59 acres of water area.  It is bounded by the NWR, the mouth of the Sweetwater River, and the jurisdictional boundary of National City on the north.  Interstate 5 and commercial development along Bay Boulevard are to the east.  Palomar Street and the South Bay Unit of the NWR, which includes the salt evaporation ponds, at the southern end of the San Diego Bay, border the CVBMP area to the south and west.  The CVBMP consists of three planning districts, from north to south:  the Sweetwater District, the Harbor District, and the Otay District.

 

The CCC’s certification of the PMPA (No. 6-PSD-MAJ-41-11) in August 2012 re-designated parcel S-2 in the Sweetwater District for a 21-acre park. The Park is envisioned as a meadow-type open space that would showcase the unique natural assets of San Diego Bay, encouraging passive recreation, such as walking and cycling, while limiting bright lights, noise, and large organized gatherings that may be potentially destructive to the adjacent NWR.  The PMPA intends the Park to form part of a continuous open space system, comprised of several parks around CVB, seamlessly connected with a continuous walkway and bicycle path linking the open spaces, or “greenbelt.”  The Path would form the northerly portion of the planned trail network and would provide a direct linkage from the Living Coast Discovery Center and Costa Vista RV Resort to the north of the Park and to the future development of the H-3 Parcel and the proposed Harbor Park to the south of the Park. 

 

The PMPA also incorporates, by reference, the CVB Development Policies and PAP.  The Development Policies consist of detailed and specific planning and development objectives and policies for the CVB covering environmental protection, climate change and sea level rise, energy conservation, views and aesthetics, public access, and visitor-serving requirements.  The Development Policies include specific reference to a “meandering pedestrian trail…interwoven throughout Signature Park” as well as a “pedestrian pathway to provide a safe route for pedestrians to walk and to transition from the Sweetwater District and to the Harbor Park Shoreline Promenade and park in the Harbor District.”  The PAP, in describing proposed circulation improvements and integration with the Bayshore Bikeway, also references a pedestrian and bicycle trail through the Sweetwater District.

 

In 2017, the District received a Grant from the CNRA to develop the Path.  The Grant is intended to fund projects that reduce greenhouse gases by sequestering carbon, decreasing energy consumption, and reducing vehicle miles traveled while transforming the built environment into green spaces.  The Grant provided the District with $4,800,000 to facilitate the design and construction of the Path and further requires the complete entitlement of the Path by January 1, 2019 and project completion by May 1, 2020.

 

Relationship to Planned Park Design Currently Underway

 

The Path and Park were initially intended to be designed, entitled, and constructed simultaneously.  However, due to the funding opportunity provided by the Grant, the Path was separated from the Park process and expedited due to Grant timing obligations.  Both projects are under management by the District’s Construction-Engineering Department (Engineering) and, although they are on separate processing tracks, the District’s design consultant, KTU+A, is the project designer over both efforts.  Public outreach has officially commenced on the Park design and Engineering staff plans to obtain an entitlement for the Park in mid-late 2019.

 

Path Entitlement

 

As a result of the location and of the Path, entitlement of the Path under the Coastal Act must be provided by three separate CDPs - two from the District for the portions within the District’s CDP jurisdiction and one from the City for the portion within the City’s Local Coastal Program (LCP).  A jurisdictional boundary map is provided as Attachment B.  Each CDP has a corresponding segment as illustrated on the attached overview of the Path development (Attachment B), and are described in detail below:

 

Segment 1:                     The northern most segment of the Path runs adjacent to the RV Resort and extends into the northern perimeter of the Park.  Once developed, this portion of the Path will be comprised of a 14-foot wide Class 1 bicycle path and 8-foot wide decomposed granite pedestrian path, running along the south side of E Street, then crossing E Street to travel around the northern side of the roundabout and into parcel S-2, being the northern perimeter of the Park.  This segment of the Path was included in District-issued CDP for the RV Resort.  Construction of this section of the Path will be carried out simultaneously with the RV Resort construction.

 

Already Entitled: As discussed, this segment of the Path is addressed in the RV Resort CDP authorized by the Board on September 12, 2018 (Board Resolution No. 2018-0390).

 

Segment 2:                     A smaller segment of the Path is located within the City’s permitting jurisdiction.  This segment contains a proposed pedestrian/bicycle bridge designed to span the F & G Street Marsh channel inlet, maritime succulent scrub mitigation, and landscaping enhancements.  As per the City’s Local Coastal Program (LCP), which was certified by CCC alongside the District’s PMPA for the CVBMP, the proposed development is located between the sea and the first public road.  Consequently, the City’s CDP would be appealable to CCC.

 

                     City action would occur subsequent to Board action on Segment 3. 

 

Segment 3:                     The remaining balance of the Path and associated mitigation, grading, and landscaping constitute the portion addressed in the subject non-appealable CDP (Attachment E).

 

                     Subject of Board action.

 

 

 

Project Description

 

As discussed, the Project under consideration spans the jurisdictions of the City and the District.  The portion of the Project within the District’s permitting jurisdiction is located on four parcels identified as Parcels S-2, SP-2, HP-1 (N), and H-1A (S) in the CVB Sweetwater District of Planning District 7, which is delineated on Precise Plan Map Figure 19 of the PMP. The Project is listed as Project Nos. 2: “Sweetwater Park (S-2)"; 5: “Sweetwater District Roadway and Infrastructure Improvements”; and 6: “Sweetwater District Wetland and Upland Habitat Enhancement (SP-1 & SP-2)” in the PMP Project List (Table 19). The PMP land use designations within the limits of this portion of the Project are “Park/Plaza” (S-2, HP-1 (N), and H-1A (S)), “Promenade” (S-2, HP-1 (N), and H-1A (S)), and “Wetlands” (SP-2).

 

The Project is comprised of the following two components, separated below by each permitting jurisdiction:

 

Portion within the District’s Jurisdiction (Segment 3)

 

1. Grading & Drainage:

1.1                      Grading along path and promenade system to achieve Americans with Disabilities Act (ADA)-compliant slopes and cross-slopes on all designed surfaces.

1.2                      Storm drain pipes and headwalls underneath proposed path and promenade system at one location to direct stormwater as needed.

1.3                      Project grading of approximately 112 cubic yards of cut and 3,543 cubic yards of fill to arrive at a total import of approximately 3,431 cubic yards of soil.

1.4                      Grading to modify existing channel topography at the northwest corner of G Street and Marina Parkway to extend the existing channel edge south while providing acceptable slopes and elevations for the establishment of native wetland plant communities.

 

2. Roadways & Circulation:

2.1                      22-foot wide multi-use path and promenade system with a combined 8-foot wide decomposed granite (DG) path and 12-foot wide multi-use asphalt path bounded by a 2-foot porous concrete buffer on one side (1,024 linear feet). In portions of the path system, the DG and asphalt multi-use path are separated from each other by vegetation. In these locations the DG path maintains a width of 8 feet (1,000 linear feet) and the asphalt multi-use path continues at a 12-foot width with 2 feet of porous concrete buffer on either side (746 linear feet).

2.2                      Roadway striping and 63 candlestick bollards on G Street to delineate a Class IV bike path that connects the path system to the existing promenade in Bayside Park. Striping on G Street to indicate parallel parking areas and vehicular conflict zones.

 

3. Utilities:

3.1                     A temporary irrigation water connection at an existing water main running along Gunpowder Point Drive.

 

4. Irrigation System:

4.1                     Temporary solar-powered pedestal controller and associated solar panel.

4.2                     Pole-mount weather sensor.

4.3                     Water meter, backflow preventer, Y-strainer, master valve, and flow sensor at the irrigation point of connection.

4.4                     Isolation gate valves at valve manifolds and key mainline branches.

4.5                     Remote control valves and quick couplers at valve manifolds.

4.6                     Subgrade pop-up spray irrigation system at ornamental landscape areas.

4.7                     Above-grade (high-lined) temporary rotor-on-riser irrigation system at compensatory and non-compensatory mitigation landscape areas.

4.8                     Deep-root tree bubbler irrigation systems at trees and large shrubs.

4.9                     Irrigation mainline, laterals, and sleeving as required to supply water to the irrigation system.

4.10                     Electrical wiring serving remote control valves with associated conduit at paving crossings.

4.11                     Wire pull boxes at electrical wire paving crossings and key locations.

4.12                     Irrigation at planting areas adjacent to the modified channel topography at the northwest corner of G Street and Marina Parkway.

 

5. Landscape:

5.1                      Plant 56 native trees and large shrubs per Grant carbon sequestration requirements.

5.2                      Plant 2.43 acres of ornamental landscaping.

5.3                      Plant 4.05 acres of mitigation landscaping made up of 176,418 square feet of maritime succulent scrub.

5.4                      Plant 0.29 acres of native mitigation and erosion control landscape at the modified channel topography at the northwest corner of G Street and Marina Parkway. Planting would include maritime succulent scrub, southern coastal salt marsh, and upland erosion control plant communities.

 

6. Site Fencing, Furnishings & Amenities:

6.1                      1,887 linear feet of 6-foot tall black vinyl-coated environmental fencing.

6.2                      Wayfinding and interpretive signs. Includes directional signs, grant acknowledgement signs, and interpretive signs.

6.3                      Two benches with adjacent ADA-companion seating areas.

6.4                      Two litter receptacles and two recycling receptacles.

6.5                      Two pet waste disposal stations.

 

Portion within the City’s Jurisdiction (Segment 2)

 

 1. Grading & Drainage:

1.1                      Grading along path and promenade system to achieve ADA-compliant slopes and cross-slopes on all designed surfaces.

1.2                      Grading to achieve a higher elevation of the path system at the bridge location for views out onto the bay.

1.3                      Grading at existing channel to accommodate proposed bridge abutments and provide suitable habitat for native wetland plant communities.

1.4                      Storm drain pipes and headwalls running underneath proposed path and promenade system at two locations to direct stormwater as needed.

1.5                      Project grading of approximately 112 cubic yards of cut and 3,543 cubic yards of fill to arrive at a total import of approximately 3,431 cubic yards of soil.

 

2. Roadways & Circulation:

2.1                      22-foot wide multi-use path and promenade system with combined 8-foot wide DG path and 12-foot wide multi-use asphalt path bounded by a 2-foot porous concrete buffer on one side (607 linear feet). In portions of the path system, the DG and asphalt multi-use path are separated from each other by vegetation. In these locations, the DG path maintains a width of 8 feet (462 linear feet) and the asphalt multi-use path continues at a 12-foot width with 2 feet of porous concrete buffer on either side (494 linear feet).

2.2                      A pre-manufactured 70-foot long by 16-foot wide steel truss bridge to span the existing channel east of the existing Marine Boatworks development.

2.3                      A segment of the multi-use asphalt path connects the path system to existing Lagoon Drive.

 

3. Irrigation System:

3.1                      Isolation gate valves at valve manifolds and key mainline branches.

3.2                      Remote control valves and quick couplers at valve manifolds.

3.3                      Subgrade pop-up spray irrigation system at ornamental landscape areas.

3.4                      Above-grade (high-lined) temporary rotor-on-riser irrigation system at compensatory and non-compensatory mitigation landscape areas.

3.5                      Deep-root tree bubbler irrigation systems at trees and large shrubs.

3.6                      Irrigation mainline, laterals, and sleeving as required to supply water to the irrigation system.

3.7                      Electrical wiring serving remote control valves with associated conduit at paving crossings.

3.8                      Wire pull boxes at electrical wire paving crossings and key locations.

 

4. Landscape:

4.1                      Plant 31 native trees and large shrubs to satisfy Grant carbon sequestration requirements.

4.2                      Plant 0.76 acres of ornamental landscaping.

4.3                      Plant 0.75 acres of mitigation landscaping. Includes 3,370 square feet of southern coastal salt marsh and 29,098 square feet of maritime succulent scrub.

4.4                      Plant 0.29 acres of native erosion control mix in upland and channel habitat.

 

5. Site Fencing, Furnishings & Amenities:

5.1                      923 linear feet of 6-foot tall black vinyl-coated environmental fencing.

5.2                      Wayfinding and interpretive signs.

5.3                      Guardrails at bridge abutments/bay and channel overlook areas.

5.4                      Two benches with adjacent ADA companion seating areas.

5.5                      One litter receptacles\ and recycling receptacle.

5.6                      One pet waste disposal station.

5.7                      Three safety bollards placed at the intersection of the asphalt multi-use path and Lagoon Drive.

5.8                      Relocated and refinished existing gate.

 

Coastal Development Permit

 

A copy of the draft non-appealable CDP for Segment 3 is provided as Attachment E to this Agenda Sheet.  In accordance with the District’s CDP Regulations, the Project constitutes non-appealable development under Section 7.d.(3) of the District’s CDP Regulations (Regulations): Non-appealable developments are those not classified in the Regulations in Section 7.d.(1) as “Excluded,” in 7.d.(2) as “Emergency,” or in 7.d.(4) as “Appealable.” Pursuant to Coastal Act Section 30715 and Sections 7.d.(3) and (4) of the Regulations, recreational pathways are not listed as an appealable development, requiring an appealable CDP.  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 will enhance public access and public recreation by providing accessible recreation trails connecting the wider area to the bayside and surrounding parks as envisioned by the certified PMP and CVBMP Development Policies and PAP.  The Project conforms to the land use designations of “Park Plaza” and “Promenade” for parcels S-2, HP-1 (N), and H1-A (S), and the Sweetwater District Precise Plan text and is therefore, consistent with the certified PMP which includes, by reference, the Development Policies, the PAP, and the Natural Resources Management Plan (NRMP) (Clerk Document No. 65065). 

 

The Project is required to comply with all applicable mitigation measures that are specified in the Final EIR MMRP and all applicable policies and implementation measures in the Development Policies, PAP, NRMP, and the CVB Settlement Agreement (Clerk Document No. 56523). Special Provisions are incorporated into the CDP to ensure project conformance with all applicable mitigation measures, policies, and implementation measures by the above-referenced documents including the relevant development policies relating to wetlands, climate change and sea level rise, wildlife protection, landscaping, lighting and illumination, noise, pathway design, storm water and urban runoff quality, public engagement, public access, circulation and pedestrian orientation, and in-water activities.  This conformance is addressed in the Coastal Consistency Analysis included as Attachment I.  Based on this finding, a non-appealable CDP may be issued. 

 

A Restoration and Enhancement Alternatives for the Chula Vista Bayfront report was prepared by Merkel & Associates, Inc. in April 2017, which includes a sea level rise analysis that was prepared by Environmental Science Associates (ESA). The analysis provides models of sea level rise under four scenarios: a 1-foot rise in the year 2030; a 2-foot rise in the year 2050; a 3.2-foot rise in the year 2070; and a 5.5-foot rise in the year 2100 (Attachment H).  The four models indicate that the Project will not be impacted by sea level rise through the year 2100 and hence, are consistent with the PMP and the applicable California Coastal Act policies.

 

A Biological Impact Analysis Report (Attachment G) was conducted for the Project in November 2018 and includes the quantity of anticipated impacts to vegetation communities.  The Project will provide mitigation to permanent impacts on Open Water, Southern coastal salt marsh, bare ground, Diegan coastal sage scrub, and disturbed Diegan coastal sage scrub consistent with the mitigation identified within the Final EIR.  Mitigation ratios for impacts to vegetation communities are provided in the MMRP and will be adhered to through a mitigation plan, visualized on the attached Compensatory Mitigation Map (Attachment G) and required by Mitigation Measure 4.8-6(H).

 

Stakeholder Outreach

                     

Wildlife Advisory Group (WAG)

 

As required by Development Policy 17.1, the WAG was formed to advise the District and the City in the creation of the NRMP, cooperative management agreements, Adaptive Management Review, and any related wildlife management and restoration plans or prioritizations.  The Project was presented to the WAG during a publicly-noticed meeting on April 18, 2018 to give an overview of the project components and site design.  The WAG did not provide any feedback regarding the Project.

 

Bayfront Cultural and Design Committee (BCDC)

 

The BCDC was formed to meet the requirement of Development Policy 17.4 and Sections 13.1 and 13.2 of the CVBMP Settlement Agreement.  The role of the BCDC is to advise the District in the design of parks, cultural facilities, and development projects.   The BCDC held a publicly-noticed meeting at the City’s offices on August 16, 2018.  The District presented the Project and received input from the BCDC and the public.  No members of the public spoke regarding the Project.  The main point of feedback from the BCDC related to the use of temporary traffic control bollards.  A letter from the BCDC to the Board was submitted that provided further explanation of the BCDC’s concerns regarding the bollards (Attachment F). 

 

The District proposes the use of the temporary bollards to delineate the boundary between E Street and the proposed Path for traffic control and safety purposes.  Following the proposed realignment of E Street, the street and Path will be separated by the Park, at which stage the temporary bollards will no longer be required and will be removed.

 

Accessibility Advisory Committee (AAC)

 

The AAC met at a publicly-noticed meeting on August 15, 2018 and the District and the District’s consultant provided an overview of the Project which included tactile differences along the path, accessible park bench designs with companion seating, interpretive signage, and accessible parking.  The AAC expressed appreciation for the presentation and requested to keep updated as the project progressed.

 

General Counsel’s Comments:

 

The Office of the General Counsel has reviewed the agenda sheet and attachments as presented to it and approves them as to form and legality.

 

Environmental Review:

 

The proposed Board action would authorize issuance of a non-appealable CDP for the portion of the Project within the District’s CDP permitting jurisdiction. In accordance with CEQA and its implementing guidelines, the potential impacts of the proposed Project, in its entirety, including the development of a bicycle and pedestrian pathway, pedestrian/bicycle bridge located over the inlet of the F and G Street Marsh, the restoration of the channel inlet, and associated development, are adequately documented, described, disclosed, and analyzed in the CVBMP FEIR, prepared and adopted/certified by the District in May 2010 and the Second Addendum, prepared a adopted by the District in April 2018.

 

The Project is not a separate “project” for CEQA purposes but is a subsequent discretionary approval related to a previously approved project. (CEQA Guidelines § 15378(c); Van de Kamps Coalition v. Board of Trustees of Los Angeles Comm. College Dist. (2012) 206 Cal.App.4th 1036.)  Additionally, pursuant to CEQA Guidelines Sections 15162 and 15163, and based on the review of the entire record, including without limitation, the CVBMP FEIR and Second Addendum, the District finds and recommends that approval of the Project does not require further environmental review as:  1) no substantial changes are proposed to the Project and no substantial changes have occurred that require major revisions to the CVBMP FEIR due to the involvement of new significant environmental effects or an increase in severity of previously identified significant effects; and 2) no new information of substantial importance has come to light that (a) shows the Project will have one or more significant effects not discussed in the CVBMP FEIR, (b) identifies significant impacts would not be more severe than those analyzed in the CVBMP FEIR, (c) shows that mitigation measures or alternatives are now feasible that were identified as infeasible and those mitigation measures or alternatives would reduce significant impacts, and (d) no changes to mitigation measures or alternatives have been identified or are required.  A site-specific Biological Impact Analysis Report was prepared by Merkel and Associates in November 2018 (Attachment G) that concluded no new impacts would occur as a result of the Path’s implementation and no new or revised mitigation measures are needed. All applicable mitigation measures will be implemented for the Project and are included as conditions of the CDP for the Project.  

 

Because none of these factors have been triggered and the Project does not require further environmental review, the District has the discretion to require no further analysis or environmental documentation (CEQA Guidelines §15162(b)). This conformance is further addressed in the CEQA Consistency Analysis included as Attachment J.  Pursuant to CEQA Guidelines §15162(b), the District finds and recommends that no further analysis or environmental documentation is necessary. Accordingly, the proposed Board action is merely a step in furtherance of the original project for which environmental review was performed and no supplemental or subsequent CEQA has been triggered, and no further environmental review is required.

 

Additionally, the recommended Board action complies with Section 87 of the Port Act which allows for public recreation uses and purposes, and the construction, maintenance, and operation of parks, public recreation facilities, and appliances incidental, necessary, or convenient for the promotion and accommodation of such uses. The Port Act was enacted by the California Legislature and is consistent with the Public Trust Doctrine. Consequently, the proposed actions are consistent with the Public Trust Doctrine.

 

Equal Opportunity Program:

 

Not applicable

 

PREPARED BY:

 

Cameron McLeod

Assistant Planner

Development Services

 

Joseph Smith, AICP

Department Manager

Development Services

 

Attachment(s):

Attachment A:                     Location Map

Attachment B:                     Overview Site Plan and Permitting Jurisdictions

Attachment C:                     Conceptual Design Plans

Attachment D:                     Precise Plan Figure 19, Planning District 7

Attachment E:                     Draft Coastal Development Permit

Attachment F:                     Correspondence from the BCDC dated August 21, 2018

Attachment G:                     Biological Impact Analysis Report dated November 2018

Attachment H:                     Sea Level Rise Modeling at 2030, 2050, 2070 & 2100

Attachment I:                     Coastal Consistency Analysis

Attachment J:                     CEQA Consistency Analysis