HomeMy WebLinkAboutCC AG PKT 2005-12-12 #G
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AGENDA REPORT
DATE:
December 12, 2005
TO:
Honorable Mayor and City Council
TIIRU:
John B. BahorsId, City Manager
FROM:
Lee Whittenberg, Director of Development Services
Mark Vukojevic, Director of Public Works/City Engineer
SUBJECT: APPROVAL OF CITY COMMENT LETTER RE:
COASTAL COMMISSION APPLICATION NO. 5-05-
227, GROIN REPAIR PROJECT
SUMMARY OF REQUEST:
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Authorize Mayor to sign the proposed letter, with any changes determined appropriate, to
the Coastal Commission regl!1'ding Coastal Commission Application No. 5-05-227, Groin
Repair Project. Receive and File Staff Report.
BACKGROUND:
Previous Citv ADDrovals:
In July 2001 the City Coui1cil approved the concepiua1 development plans' for the
rehabilitation of the Groin at the Seal Beach Pier and authorized submission of an
application to the Califomia CoaStal Commission. After much discussion between the
City arid the Coastal Commission the City prepared a ''Negative Declaration" to review
the potential environmental impacts of the proposed project in 2005. On Augnst 8, 2005
the City Council adopted Resolution 5372, adopting the Negative Declaration for the
subject project. Upon City Council action on the Negative Declaration the appropriate
application and supporting documents were resubmitted to the California Coastal
Commission to obtain the necessary "Coastal Development Permit" to allow for
construction of the project. '
The pending action by the California Coastal Commission is the fina1 discretionary
approval needed for this important project to proceed.
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Agenda Item .JZ...
Z:\My DoCUDJellls\Coastal CommwiOllIClroin Repair ProjOClCCC Applicatioo.CC StaffReportdocU.W\11-30.0S
Approval of Comment Letter to California Coastal Commission re:
Application 5-05-227, Groin Rehabilitation Project
City Council Staff Report _
December 12,2005 _
Coastal Commission Consideration and Staff Recommendations:
The hearing is scheduled before the Coastal Commission on December 14, 2005 at the
I:Iyatt Regency Embarcadero, San Francisco. Due to the meeting being held in San
Francisco staff does not intend to attend the Coastal Commission Meeting to be able to
respond to issues and concerns on behalf of the City. However, Chris Webb of Moffatt &
Nichol, the City's coastal engineering firm, will be in attendance in case there are any
questions from the Commission.
The Coastal Commission staff report, dated November 23, 2005, recommends approval
of the City's request, with 11 special conditions in place. These 11 special conditions are
summed up as the following:
1. Groin maintenance;
2. Groin monitoring plan;
3. Final plans;
4. Storage, of construction materials, mechanized equipment, and removal of
construction debris;
5. Locati,on Qf dc;hris disposal site; .
6. Timing of construction and public access;
7. Timing of construction;
8. Staging area for construction; -
9. Regional Water Quality Control Board approval; ·
10. State lands Commission review and
11. Assumption of risk, waiver of liability, and indemnity.
These conditions have been reviewed by City Staff and are acceptable. Staff has
prepared a draft letter for Council consideration on this matter. The draft letter agrees to
all 11 special conditions and requests that the matter be moved to the Consent Calendar,
since the City is not aware of any opposition to the project. The draft letter is provided as
Attachment 1 for Council review and the Coastal Commission Staff Report is provided as
Attachment 2. I
If the City Council is in agreement with this position, the Colincil may direct the Mayor
to sign the comment letter supporting approval of Coastal Development permit 5-05-227
and direct staff to send the letter to the Coastal Commission to be introduced into the
public record at the Coastal Commission meeting,
FISCAL IMPACT:
None. illtimate construction of the project has been a budgeted item in the City's Capital
improvement program for many years.
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Oroin Repair Project.CCC AppJicati...cc StaffRoport
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Approval of Comment Letter to California Coastal Commission re:
Application 5-05-227, Groin Rehabilitation Project
City Council Staff Report
December 12, 2005
RECOMMENDATION:
Authorize Mayor to sign the proposed letter, with any changes determined appropriate, to
the Coastal Commission regarding Coastal Commission Application No. 5-05-227 Groin
Repair Project. Receive and File Staff Report.
?I/~ tIJ,;- .
Mark Vukojevic
Director of Public Works/City Engineer
Attaclunents: (2)
Attaclunent I:
Proposed Letter to the Califomia Coastal Commission re:
Application 5-05-227, Groin Repair Project
Attaclunent 2:
Coastal Commission Staff Report Dated November 23,
2005 re: Application 5-05-227, Groin Repair Project
Grom Repair Projoct CCC AppliCalIoo CC StaffReporl
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Approval of Comment Letter to California Coastal Commission re:
Application 5-05-227, Groin Rehabilitation Project
City Council Staff Report
December 12, 2005
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ATTACHMENT 1
PROPOSED LETTER TO THE CALIFORNIA
COASTAL COMMISSION RE:
APPLICATION 5-05-227, GROIN REPAIR
PROJECT
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Grom Repair Project CCC Applicatioo CC StaffReporl
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Approval of Comment Letter to California Coastal Commission re:
Application 5-05-227, Groin Rehabilitation Project
City Council StqIJ Report
December 12, 2005
BY FACSIMLE TO (562) 590-5084
AND FIRST CLASS MAIL
COPY TO PETER M. DOUGLAS, DEBORAH LEE,
AND THERESA HENRY IN COMPLIANCE WITH
EX PARTE COMMUNICATION REQUIREMENTS
December 12,2005
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Meg Caldwell, Chairperson
Califomia Coastal Commission
45 Fremont Street, Suite 2000
San Francisco, CA 94105-2219
Dear Chairperson Caldwell and Commissioners:
SUBJECT:
APPLICATION NO. 5-05-227
GROIN REPAIR PROJECT, SEAL BEACH
Citv of Seal Beach Requests ADDroval as Recommended bv Commission
Staff:
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The City of Seal Beach requests the Commission approve this IMPORTANT
BEACH EROSION CONTROL PROJECT as in conformance with the
Chapter 3 policies of the Coastal Act and to support the recommendation of your staff for
approval with the 11 Special Conditions and S. Standard Conditions as recommended.
We also request that this project be moved to the "Consent Calendar" since the City is in
full agreement with the proposed conditions and is not aware of any opposition to the
proposed project. Chris Webb of Moffatt & Nichol, the City's coastal engineering :finn,
will be in attendance in case there are any questions from the Commission if the matter is
not moved to the "Consent Calendar.
Groin Repair Projoct CCC Apphcatioo CC StaffRoporl
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Appyoval of Comment Lefttn' to California Coastal Commission ye:
Application 5-05-227. Gl-oin Rehabilitation Pyoject
City COllllCil Staff Repon
Decembtn'12,2005
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This project is extremely important to the ability of the City to protect the City's beaches
located between the San Gabriel River and Anaheim Bay jetties. The City's beaches
serve as a major local and regional attraction and provide low cost visitor and recreational
facilities. The beach also provides natural protection for the adjacent public and private
property against coastal flooding and storm wave damage.
The groin was originally constructed in 1959 by the U.S Army Corps of Engineers as part
of a beach erosion control project. The purpose of the project was to mitigate the impacts
of the construction of the Seal Beach Naval Weapons Station navigation ~tructures at
Anaheim Bay on beach erosion. This groin structure is now over 45 years old and is
deteriorating. Failure of the groin structure has been identified as leading to rapid and
catastrophic losses of sand on the East Beach and consequent loss of public beach and
rlAmllge to coastal properties, potentially including the Seal Beach Pier, which is a major
local and regional attraction and provides low cost visitor and recreational facilities.
The City of Seal Beach recognizes the extensive staff efforts that has been devoted to
addressing Coastal Commission concerns relating to this project, and believes this
approval is appropriate and in" k;eeping with the concerns of all parties. We concur with
your Staff's determinations that the proposed project is in compliance with Sections
30210,30213,30230,30231,30235,30253 and 30604 of the Coastal Act.
Please contact Lee Whittenberg, Director of Development Services, at your earliest
convenience if you require additional information or have questions regarding
environmental issues related to this project. Mr. Whittenberg can be reached at (562)
431-2527, extension 313 or bye-mail at lwhittenberlz@ci.seal-beach.caus. In addition,
please contact Mark Vukojevic, Director of Public Works/City EngUieer, at your earliest
convenience if you require additional information or have questions regarding coastal
engineering or construction issues related to this project. Mr. Vukojevic can be reached
at (562) 431-2527, extension 318 or bye-mail atmvukoievic@ci.seal-beach.ca.us
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Sincerely,
Charles Antos, Mayor
City of Seal Beach
Distribution:
Commissioner William A. Burke
Co~ssioner Steven Kram
Commissioner Bonnie Neely
Commissioner Dave Potter
Commissioner Dan Secord, MD.
Commissioner Sara Wan
Commissioner Larry E. Clerk
Commissioner Patrick Kruer
Commissioner Steve Padilla
Commissioner Mike Reilly
Commksioner Mary K. Shallenberger
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GroiJlllq>air PrDJccl.CCC Applicaljon.CC StaffRopmt
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Appro.val of Comment Letter to California Coastal Commission re:
Application 5-05-227, Groin Rehabilitation Project
City Council Staff Report
December 12,2005
Executive Director Peter M. Douglas
South Coast Region, Senior Deputy Director Deborah Lee
South Coast Region, District Manager Teresa Henry
Seal Beach City Council
Seal Beach Planning Commission
Seal Beach Environmental Quality Control Board
Director of Development Services
Director of Public 'Works/City Engineer
Chris Webb, Moffatt & Nichol
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Groin Repair Projoct.CCC Applicatioo,CC StaffRcporl
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Approval of Comment Letter to California Coastal Commission re:
Application 5-05-227, Groin Rehabilitation Project
City Council Staff Report
December 12, 2005
ATTACHMENT 2
COASTAL COMMISSION STAFF REPORT
DATED NOVEMBER 23, 2005 RE:
APPLICATION 5-05-227, GROIN REPAIR
PROJECT
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Groio Repair Projoct,CCC Applicatioo CC StaffReporl
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STATE OF CAUFORNIA _ THE RESOURCES AGENCY
ARNOLD SCHWARZENEGGER GOIMmnr
CALIFORNIA COASTAL COMMISSION
Sou1h eoa.t Area Office
200 Oceangala, Sulla 1000
Long Beach, CA 9D802-43D2
(562) 59~071
Filed: 8/29/05
49th Day: 10/17/05
180th Day: 2/25/05
Staff: RT-LB
Staff Report: 11/23/05
Hearing Date: 12/14-16/05
Commission Action:
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STAFF REPORT: REGULAR CALENDAR
APPLICATION NUMBER:
5-05-227
APPLICANT:
City of Seal Beach, Attn: Mark Vukojevic
AGENT:
Moffatt & Nichol Engineers; Attn: Russ Boudreau
PROJECT LOCATION:
Adjacent to Seal Beach Pier, Seal Beach, Orange
County
PROJECT DESCRIPTION: The applicant proposes to repair and reinforce the
existing damaged beach erosion control structure (groin) by installing 252 linear feet of
new concrete sheet piles on the east side of the groin and 45 linear feet of new concrete
sheet piles on the west side of the groin. Concrete shall be poured-in-place to fill the voids
between new sheet pile segments and the existing groin. 350 linear feet of new concrete
cap will be cast-in-place and the remaining concrete cap will be repaired. The proposed
project also involves removing the un-permitted temporary steel sheet piles and any
remnant pieces of the collapsed groin and demolishing 350 linear feet of existing concrete
cap.
SUBSTANTIVE FILE DOCUMENTS:
1. Groin Rehabilitation Study Seal Beach, California, August,
2004, by Moffatt & Nichol.
2. Initial StudylNegative Declaration Groin Rehabilitation Project At Seal Beach
Pier Seal Beach, California, June, 2005, by Chambers Group, Inc.
3. Marine Biological Assessment For The Groin Rehabilitation Project Seal Beach,
California, December 13, 2004, by Coastal Resources Management.
4. Coastal Development Permit No. 5-03-521
5. Coastal Development Permit No. 5-00-096
SUMMARY OF STAFF RECOMMENDATION
Staff is recommending that the Commission APPROVE a coastal development permit for
the proposed development with eleven (11) special conditions, which require 1) groin
maintenance; 2) annual submittal of groin monitoring plan; 3) submittal of final plans that
conform with preliminary plans; 4) use of construction best management practices (BMPs);
5) identification of debris disposal site location; 6) timing of construction and public access;
5-05-227 (City of Seal Beach)
Page 2
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7) timing of construction to avoid impacting grunion; 8) submittal of a construction staging
area plan; 9) evidence of approval by the Regional Water auality Control Board
(RWaCB);10) a determination by the State Lands Commission prior to permit issuance;
and 11) an assumption of risk due to hazards.
STAFF RECOMMENDATION:
The staff recommends that the Commission adopt the following resolution to APPROVE
the coastal development permit application with special conditions:
MOTION:
I move that the Commission approve Coastal Development
Permit No. 5-05-227 pursuant to the staff recommendation.
STAFF RECOMMENDATION OF APPROVAL:
Staff recommends a YES vote. Passage of this motion will result in approval of the permit
as conditioned and adoption of the following resolution and findings. The motion passes
only by affirmative vote of a majority of the Commissioners present.
I. Resolution: Approval with Conditions
The Commission hereby approves a permit, subject to the conditions below, for the e
proposed development and adopts the findings set forth below on grounds that the
development as conditioned will be in conformity with the provisions of Chapter 3 of
the California Coastal Act and will' not prejudice the ability of the local 90vernment
having jurisdiction over the area to prepare a local coastal program conforming to
the provisions of Chapter 3. Approval of the permit complies with the California
Environmental Quality Act because either 1) feasible mitigation measures andl or
. alternatives have been incorporated to substantially lessen any significant adverse
effects of the development on the environment, or 2) there are no further feasible
mitigation measures or alternative that would substantially lessen any significant
adverse impacts of the development on the environment.
II. Standard Conditions
1. Notice of Receiot and Acknowledament. The permit is not valid and development
shall not commeJ'!ce until a copy of the permit, signed by the permittee or authorized
agent, acknowledging receipt of the permit and acceptance of the terms and
conditions, is returned to the Commission office.
2.
EXDiration. If development has not commenced, the permit will expire two years
from the date this permit is reported to the Commission. Development shall be
pursued in a diligent manner and completed in a reasonable period of time.
Application for extension of the. permit must be made prior to the expiration date.
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4.
2.
5-05-227 (City of Seal Beach)
Page 3
3.
Interoretation. Any questions of intent or interpretation of any condition will be
resolved by the Executive Director or the Commission.
Assianment. The permit may be assigned to any qualified person, provided
assignee files with the Commission an affidavit accepting all terms and conditions of
the permit.
5.
Terms and Conditions Run with the Land. These terms and conditions shall be
perpetual, and it is the intention of the Commission and the permittee to bind all
future owners and possessors of the subject property to the terms and conditions.
III.
1.
Soecial Conditions
Groin Maintenance
If any debris', rock, or material becomes dislodged from the groin after completion of
the repairs, the permittee shall either redeposit this material within the as-built
footprint or remove and dispose of this material at an approved disposal site as
soon as possible after such displacement occurs. The permittee' shall contact the
Coastal Commission District Office immediately to determine whether such activities
require a coastal development permit.
Groin Monitorina Plan
By May 1 of each year, for the life of the structure, the permittee shall submit a
monitoring report that has been prepared by City public works staff, or by a licensed
civil engineer. Each monitoring report shall provide the following:
a) As-built plans, showing the permitted structure in relation to the existing
topography and showing measurement points that will be used yearly to
measure the footprint of the structure (only necessary in the first
submitted report).
b) An evaluation of the condition and performance of the approved shoreline
protection device. Special attention should be paid to the concrete cap
and grade beam, noting any cracks, changes in gapping distance,
spalling or exposure of reinforcing material. .
c) On five-year intervals, undertake a thorough visual inspection of the groin,
by means of diver surveys, ROV or other similar efforts and check for
groin permeability, foundation scour or settlement ,and pile corrosion.
d) Recommendations for repair, maintenance, modifications or other work to
the device.
5-05-227 (City of Seal Beach)
Page 4
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In many cases, the report can be a short letter, signed by the person who undertook
the monitoring and noting whether there are any changes in the condition of the
shoreline protection device from the previous year. If a monitoring report contains
recommendations for repair, maintenance or other work, the permittee shall contact
the Coastal Commission District Office to determine whether such work requires a
coasta.l development permit.
3. Final Plans
A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the '
applicant shall submit, for review and approval of the Executive Director:
1) Final plans for the repair of the groin that substantially conform with the
plans submitted to the Commission, titled Gro;n Repa;r Project dated
June 13, 2005.
B.
The permittee shall undertake development in accordance with the approved
final plans.- Any proposed changes to the approved final plans shall be
reported to the Executive Director. No changes to the approved final plans
shall occur without a Commission amendment to this coastal development
permit unless the Executive Director determines that no amendment is
legally required.
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4. Storace of Con~truction Materials. Mechanized Ecuioment and Removal of
Construction DebriS
The permittee shall comply with the following construction-related requirements:
(a) No construction materials, debris, or waste shall be placed or stored
where it may be subject to wave erosion and dispersion;
(b) Any and all debris resulting from construction activities shall be
removed from the project site within 24 hours of completion of
construction;
(c) Best Management Practices (BMPs) designed to prevent spillage
and/or runoff of construction related materials, sediment or
contaminants associated with construction activity, shall be
implemented prior to the on-set of such activity. Selected BMPs shall
be maintained in a functional condition throughout the duration of the
project.
(d) Construction debris and sediment shall be removed from construction
areas each day that construction occurs to prevent the accumulation
of sediment and other debris which may be discharged into coastal
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5-05-227 (City of Seal Beach)
Page 5
waters. Debris shall be disposed at a debris disposal site outside the
coastal zone, pursuant to Special Condition NO.5.
5. Location of Debris Disposal Site
The applicant shall dispose of all demolition and construction debris resulting from
the proposed project at an appropriate location outside the coastal zone. If the
disposal site is located within the coastal zone, a coastal development permit or an
amendment to this permit shall be required before disposal can take place.
6. Timina of Construction and Public Access
By acceptance of this permit, the applicant agrees to minimize adverse impacts to
public use of the pier, adjacent beaches, or public parking lots resulting from
construction activities as required below:
A.
No construction shall occur during the .peak use" beach season, defined as
the period starting the day before the Memorial Day weekend and ending the
day after the Labor Day weekend of any year. The -applicant shall schedule
the project and make allowances for project suspension such that complete
restoration of public access to the pier, beaches and public parking lots
occurs during the "peak use" beach season.
B.
Pedestrian access to the pier shall be made available whenever possible
during construction, except for periods of closure during the non-peak use
beach season upon the portion of the pier within the immediate vicinity of the
proposed construction.
C. To minimize the cumulative period of pier closure, to the extent feasible, the
applicant shall coordinate the proposed work with the additions to the Ruby's
Restaurant located at the end of the pier authorized pursuant to Coastal
Development Permit 5-03-521.
7. Timina of Construction
To avoid adverse impacts on grunion, construction shall not occur between the
months of March and August of any year.
8. Staaine Area For Construction
A.
PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the
permittee shall submit a plan for the review and approval of the Executive
Director. which indicates that the construction staging area(s) and
construction corridor(s) 'will avoid impacts upon public access at the beach
and the public beach parking lots.
5-05-227 (City of Seal Beach)
Page 6
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(1) The plan shall demonstrate that:
(a) Construction equipment, materials or activity shall not occur
outside the staging area and construction corridor identified on
the site plan required by this condition; and
(b) Construction equipment, materials, or activity shall not be
placed in any location which would result in impacts upon
public access at the beach and the public beach parking lots.
other than as allowed under Special Condition 6; and
(c) Construction equipment, materials, or activity shall not be
placed on the sandy beach outside of the immediate
construction zone; and
(d) The construction staging area will gradually be reduced as less
materials and equipment are necessary.
(e) During construction, the project shall not occupy more than the
appro~imately 6,000 square feet of public bel:!ch parking area
(approximately 15 parking spaces) required for equipment and
material staging. e
(2) The plan shall include, at a minimum, the following components:
(a) A site plan that depicts:
1. limits of the staging area(s);
2. construction corridor(s);
3. construction site;
4. location of construction fencing and temporary job
trailers with respect to the Seal Beach Municipal Pier,
the beach and the public beach parking lots.
B. The permittee shall undertake development in accordance with the approved
final plans. Any proposed changes to the approved final plans shall be
reported to the Executive Director. No changes to the approved final plans
shall occur without a Commission amendment to this coastal development
permit unless the Executive Director determines that no amendment is
required. '
9. Reaional Water Quality Control Board ADDroval
PRIOR TO THE ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the
applicant shall submit for the review and approval of the Executive Director, written _
evidence from the Regional Water Quality Control Board demonstrating that the .
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5-05-227 (City of Seal Beach)
Page 7
Regional Water Quality Control Board has approved the proposed groin repair and
reinforcement. If the Regional Water Quality Control Board requires any substantial
changes to the project, as approved by the Commission, the changes shall be
submitted to the Executive Director for a determination as to whether the changes
require an ame"ndment to this permit. Any changes that require an amendment
shall not occur without an amendment to this permit.
10. State La'nds Commission Review
PRIOR TO THE ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the
applicant shall obtain a written determination from the State Lands Commission
that:
(a) No state lands are involved in the development; or
(b) State lands may be involved in the development and al\ permits, leases or
other approvals required by the State Lands Commission have been
obtained (copies of said authorizations shall be supplied t~ the Executive
Director by the applicant); or
(c) State lands may be involved in the development, but pending a final
determination of state lands involvement, an agreement has been made by
the applicant with the State Lands Commission for the project to proceed
without prejudice to that determination.
11. AssumDtion oLRisk. Waiver of Liabilitv and Indemnitv
A. By acceptance of this permit, the applicant acknowledges and agrees (i) that
the site may be subject to hazards waves, storm waves, and erosion; (ii) to
assume the risks to the applicant and the property that is the subject of this
permit of injury and damage from such hazards in connection with this
permitted development; (iii) to unconditionally waive any claim of damage or
liability against the Commission, its officers, agents, and employees for injury
or damage from such hazards; and (iv) to indemnify and hold harmless the
Commission, its officers, agents, and employees with respect to the
Commission's approval of the project against any and all liability, claims,
demands, damages, costs (including costs and fees incurred in defense of
such claims), expenses, and amounts paid in settlement arising from any
injury or damage due to such hazards.
B.
PRIOR TO ANY CONVEYANCE OF THE PROPERTY THAT IS THE
SUBJECT OF THIS COASTAL DEVELOPMENT PERMIT, the applicant
shall execute and record a deed restriction, in a form and content acceptable
to the Executive Director: (1) indicating that, pursuant to this permit, the
Califomia Coastal Commission has authorized development on the subject
property, subject to terms and conditions that restrict the use and enjoyment
5-05-227 (City of Seal Beach)
Page 8
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of that property (hereinafter referred to as the .Standard and Special
Conditions"); and (2) imposing all Standard and Special Conditions of this
permit as covenants. conditions and restrictions on the use and enjoyment of
the Property. The restriction shall include a legal description of the
applicanfs entire parcel or parcels. It shall also indicate that, in the event of
an extinguishment or termination of the deed restriction for any reason, the
Standard and Special Conditions of this permit shall continue to restrict the
use and enjoyment of the subject property so long as either this permit or the
development it authorizes - or any part, modification, or amendment thereof
- remains in existence on or with respect to the subject property.
C. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the
applicant shall submit a written agreement, in a form and content acceptable
to the Executive Director, incorporating all of the above terms of this
condition.
IV. Findinas and Declarations
The Commission hereby finds and declares:
A.
Proiect DescriDtion
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The project site is located adjacent to the Seal Beach Municipal Pier in the City of Seal
Beach (see Exhibits #1-2), between the City of Long Beach and the Seal Beach Naval
Weapons Station (SBNWS). Approximately 1 mile of coastline lies along the southwest
City boundary. The City's beaches serve as major local and regional attractions and
provide low cost visitor and recreational facilities. In addition to the recreational benefit, a
sandy beach provides natural protection for the adjacent public and private property
against coastal flooding and storm wave damage.
Surrounding the groin are the following: to the North and South is the public beach and
ocean; to the West is the Pacific Ocean; and to the East are the remaining length of the
Seal Beach Municipal Pier extending toward land, the 8th and 10th Street Beach Parking
Lots that flank the pier and Main Street. The area is zoned by the City's uncertified
planning documents as Public Land Use! Recreation (PLUlR).
The applicant proposes to repair and reinforce the existing 750 foot long damaged beach
erosion control structure (groin) by installing 252 linear feet of new concrete sheet piles on
the east side of the groin and 45 linear feet of new concrete sheet piles on the west side of
the groin. Concrete shall be poured-in-place to fill the voids between new sheet pile
segments and the existing groin. 350 linear feet of new concrete cap shall be cast-in-
place and the remaining concrete cap shall be repaired (see Exhibit #4).
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5-05-227 (City of Seal Beach)
Page 9
The City previously applied for an emergency permit (5-01-258-G) on July 3, 2001
involving the placement of the steel sheet piles, wales, clamping bolts and fill material (see
Exhibit #3), but the application was rejected because the materials submitted did not
substantiate that an emergency existed and it was not 'demonstrated that the proposed
emergency work was the minimum amount of temporary work necessary to stabilize the
situation. The City submitted a regular coastal development permit application (5-01-303),
for this work on July 31, 2001, but that application was deemed incomplete pending receipt
of additional information on August 30, 2001.
The proposed 'project also involves removing these un-permitted temporary steel sheet
piles and any remnant pieces of the collapsed groin and demolishing 350 linear feet of
existing concrete cap. The groin is 750 feet long, with top elevation ranging from +13 feet
above the mean lower low water (MLLW) at the near shore end to +5 feet MLLW at the
offshore end. The finished groin would resemble the original structure in appearance, but
would add approximately 198 square feet to the footprint (approximately 20%) as a result
of the new sheet piles.
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Construction is anticipated to take approximately 2 months to complete and would require
complete closure of the pier during this time. Construction is scheduled to take place
during the winter months and not during the .peak use" beach season, defined as the
period starting the day before the Memorial Day weekend and ending the day after the
Labor Day weekend of any year. During construction, the project would occupy
approximately 6,000 square feet of public beach parking area (approximately 15 parking
spaces) for equipment and material-staging.
A concrete sheet pile groin was constructed by the U.S. Army Corps of Engineers in 1959,
as part of a beach erosion control project. The groin is now over 45 years old and
deteriorated. A portion of the groin failed in March of 2001, resulting in a large gap
between sheet piles, which presented a transport path for sand eroded from East Beach, a
point of undermining of adjacent sheet piles, and a very significant hazard to swimmers
and surfers. It was temporarily repaired by installing steel sheet piles on each side of the
breach. The structure remains in its temporarily repaired condition today and has
deteriorated enough to potentially collapse, which would cause rapid and catastrophic
losses of sand on both East Beach and consequent loss of public beach and damage to
coastal properties. Such failure would also pose public safety issues considering the
popular swimming and surfing activities on the beach immediately adjacent to the groin.
Repair and reinforcement is necessary to extend the service life of the structure
(approximately 50 years), stabilize the shoreline at East Beach and mitigate future
hazards.
The City of Seal Beach recently entered a Beach Erosion Control Construction Agreement
with the State of Califomia Department of Boating and Waterways (DBAW) for repair or
replacement of the groin. The City's -consultants (Moffatt & Nichol) prepared a feasibility
-- - n-stady-for-ttre--groin -repair-whtcllestablisl1el:i through"a benefit' costaha\ysiS tlfilt tlfe repair
e was warranted.
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B. Marine Resources
Sections 30230, 30231 and 30235 of the Coastal Act address the protection and
management of marine resources.
Section 30230 of the Coastal Act states:
Marine resources shall be maintained, enhanced, and where feasible, restored.
Special protection shall be given to areas and species of special biological or
economic significance. Uses of the marine environment shall be carried out in a
manner that will sustain the biological productivIty of coastal waters and that will
maintain healthy populations of all species of marine organisms adequate for long-
term commercial, recreational, scientific, and educational purposes.
Section 30231 of the Coastal Act states:
The biological productivity and the quality of coastal waters, streams,' wetlands,
estuaries, and lakes appropriate to maintain optimum populations of marine
organisms and for the protection of human health shall be maintained and, where
feasible, restored through, among other means, minimizing adverse effects of waste
water discharges and entrainment, controlling runoff, preventing depletion of ground
water supplies and substantial interference with surface water flow, encouraging _
waste water reclamation, maintaining natural vegetation buffer areas that protect .
riparian habitats, and minimizing alteration of natural streams.
Section 30235 of the Coastal Act states:
Revetments, breakwaters, groins, harbor channels, seawalls, cliff retaining walls,
and other such construction that alters natural shoreline processes shall be
permitted when required to serve coastal-dependent uses or to protect existing
structures or public beaches in danger from erosion, and when designed to
eliminate or mitigate adverse impacts on local shoreline sand supply. Existing
marine structures causing water stagnation contributing to pollution problems and
fish kills should be phased out or upgraded where feasible.
As described previously, the project involves the repair and reinforcement of an existing
groin. The purpose of the existing groin is to reduce the sand loss at East Beach caused
by the construction of adjacent Federal navigation structures Qetties). The beach also
provides protection from wave uprush for the existing coastal properties.
The applicant evaluated 7 repair or replacement alternatives to the proposed project as
well as the no project alternative, which would remove the structure. The alternatives
included 1) complete replacement of the entire groin; 2) ~placing the ~eaward portion of
the grQin; 3) replacing the damaged sheets in-place; 4) installing new sheet piles on each
side of the seaward portion of the groin with full cap replacement; 5) installing new sheet
piles on each side of the seaward portion of the groin with partial cap replacement; 6)
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installing new sheet piles on each side of the damaged sheets; and 7) installing 252' of
new sheet piles on one side and 45' of new sheet piles on the other side at damaged
sheets.
The City's consultants (Moffatt & Nichol) prepared a Groin Rehabilitation Study with the
intent of identifying the alternative that best met the long term goals of the City, is
consistent with local, state and federal environmental quality guidelines and can be fully
implemented within the project budget. The alternative that best met all of these objectives
is the proposed project. described in the project description section on page 8. The
Commission's Coastal Engineer has reviewed the submitted materials, visited the project
site and has found that the proposed project is an acceptable way to repair the groin and
minimize additional cover of the surfzone and nearshore area. -
Section 30235 of the Coastal Act allows groins to be permitted when required to serve
coastal-dependent uses or to protect existing structures or public beaches in danger from
erosion, and when designed to eliminate or mitigate adverse impacts on local shoreline
sand supply. Analyses carried out by the City's consultants, Moffatt & Nichol, indicates
that the existing groin is now experiencing severe deterioration and could potentially
collapse, which would cause rapid and catastrophic losses of sand on both East Beach
and consequent loss of public beach and damage to coastal properties.
The groin was originally constructed in 1959 by the U.S. Army Corps of Engineers as part
of a beach erosion control project. The purpose of the project was to mitigate the impacts
of the construction of the Seal Beach Naval Weapons Station (SBNWS) navigation
structures at Anaheim Bay on beach. erosion (see Exhibit #2). The groin has deteriorated
since it was constructed and is in need of repair and reinforcement. Consequently, without
the groin, the shoreline at East Beach would retreat significantly and place public and
private property at risk. Reduced beach widths will increase erosion, subject existing
development to increase wave damage, and 'reduce public recreation opportunities as a
direct result of a smaller beach area. Therefore, the project is allowable under ~ection
30235 of the Coastal Act.
Sectibn 30231 of the Coastal Act requires maintenance and restoration of the biological
productivity of coastal waters. The project site is located within open coastal waters.
Storage or placement of construction materials, debris, or waste in a location subject to
wave erosion and dispersion would result in adverse impacts upon the marine environment
that would reduce the biological productivity of coastal waters.
For instance, construction debris entering coastal waters may cover and displace soft.
bottom habitat. In addition, the use of machinery in coastal waters not designed for such
use may result in the release of lubricants or oils that are toxic to marine life. Sediment
discharged to coastal waters may cause turbidity, which can shade and reduce the
productivity of the area and foraging avian and marine species ability to see food in the
water column. In order to avoid adverse construction-related impacts upon marine
resources, Special Condition No.4 outlines construction-related requirements to provide
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for the safe storage of construction materials and the safe disposal of construction debris.
Special Condition No. 5 requires that the applicant dispose of all demolition and
construction debris at an appropriate location outside of the coastal zone and informs the
applicant that use of a disposal site within the coastal zone will require an amendment or
new coastal development permit. Special Condition No. 1 requires that the appliCant
minimize the effects from any future material displacement by either repositioning the
material within the as-built footprint or disposing of it in at an approved disposal site.
The project will adopt all necessary steps to protect biological resources and sensitive
species known to inhabit the area. To mitigate potential disruption to spawning behavior of
the California grunion, which is typically between the months of March and August, the
Commission has imposed Special Condition No.7, which restricts the construction
schedule to the winter months and that construction cannot occur between the months of
March and August of any year. This schedule is also favorable to the California least tern,
which forages in the nearshore waters from April through September. In addition, no
structural repair will be performed on the sandy beach where grunions spawn. Because
no. construction activity will take place on the beach, the snowy plover will also not be
impacted. Temporary loss of roosting opportunities during construction may be considered.
a less than significant impact to the California brown pelican and the double-crested
cormorant. Ochre sea stars that currently inhabit the structure's construction area will be
relocated to other areas of the groin, adjacent pier pilings or the Anaheim Bay Jetty.
In order to ensure that the repairs and reinforcements to the groin are consistent with
what's been described and analyzed in this staff report, the Commission has imposed
Special Condition No.3, which requires the applicant to submit final plans that
substantially conform with the plans submitted to the Commission, titled Groin Repair
Project dated June 13, 2005 (see Exhibit #4).
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The groin is located on a State Tidelands lease (PRC 3792.9), which was recorded on
August 17, 1967. This lease covers premises that shall be used for beaches, marine
parks, marinas, small boat harbors, bulkheads, piers, marine transportation facilities, public
utilities, earthfills, buildings, structures, recreational facilities, landscaping, parking lots,
streets and roadways for public access to the leased premises, and related facilities for the
benefit of the people of the State, as opposed to a purely local benefit, and for the
furtherance of the public trust purposes of commerce, navigation and fisheries. In order to
ensure that the City has permission from State Lands for the repair and reinforcement of
the groin, the Commission has imposed Special Condition No. 10, whiCh requires that the
applicant obtain a written determination from the State Lands Commission that either no
State lands are involved in the development or that all permits, leases or other approvals
have been obtained or that an agreement has been made by the applicant with the State
Lands Commission for the project to proceed without prejudice to that determination.
Finally, since the proposed project has the potential to affect water quality, the
development requires approval by the Regional Water Quality Control Board (RWQCB).
The applicant has applied for a permit from the RWQCB. Consequently, the proposed e
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repair to the groin has yet to be found in conformance with current water quality standards
by the RWQCB. To ensure that the project will not adversely affect water quality, Special
Condition No.9 requires that the applicant provide written evidence of RWQCB approval
for the groin repair work prior to issuance of a coastal development permit. If the RWQCB
approval results in changes to the currently proposed project, the applicant may be
required to'obtain an amendment to the COP.
Only as conditioned for appropriate storage of construction materials and equipment,
location of an appropriate debris disposal site, and RWQCB approval, does the
Commission find that the proposed development is consistent with Sections 30230,30231
and 30235 of the Coastal Act.
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c.
Public Access
The project site lies within the water seaward of the first public road. Therefore, a finding
must be made that the development is consistent with the public access and recreation
policies of Chapter 3 of the Coastal Act.
Section 30210 of the Coastal Act states, in pertinent part:
. . .maximum access, which shalf be conspicuously posted, and recreational
opportunities shalf be provided for alf the people consistent with public safety
needs... '
Section 30213 of the Coastal Act states, in pertinent part:
Lower cost visitor and recreational facilities shalf be protected, encouraged, and,
where feasible, provided. Developments providing public recreational opportunities
are preferred.,
As discussed previol:lsly, the proposed project involves the repair and reinforcement of an
existing groin. If the existing groin were to be removed instead of repaired and reinforced,
it is anticipated that East Beach would retreat significantly, placing both public and private
property at risk. Specifically, without a groin structure at the subject site, the beach will be
subject to significant erosion due to wave action exposing development along the beach to
surge uprush. Therefore, the proposed repaired and reinforced groin project is designed
to replicate the function of the existing structure, which has been in place since 1959, and
currently controls littoral sand transport. As such, the proposed project will restore and
protect a public beach, thereby enhancing public access and recreation at the subject site.
As stated earlier, construction is anticipated to take approximately 2 months to complete
and would require complete closure of the pier during this time. Closure is required since
the crane with outriggers will occupy the full width of the pier, eliminating public access to
the seaward portion of the pier. Public safety concerns preclude access on the landward
e side of the construction due to the ingress/egress of heavy equipment and material. Full
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closure of the pier will allow for more efficient construction operations and reduced
construction time, thereby minimizing access impacts.
Construction is scheduled to take place during the winter months and not during the 'peak
use" beach season, defined as the period starting the day before the Memorial Day
weekend and ending the day after the Labor Day weekend of any year. Construction is
also planned to somewhat coincide with the R!lby's Diner expansion project at the end of
the pier. The Ruby's expansion is planned to occur between the months of November
2005 and January 2006. During construction, the project would occupy approximately
6,000 square feet of public beach parking area (approximately 15 parking spaces) for
equipment and material staging. This is in addition to the parking losses resulting from the
construction at Ruby's. However, Ruby's will only require 3 spaces for their project. The
total parking impact of both projects would be minor (the 8th and 10th Street Beach Parking
lots that flank the landward end of the pier contain 462 parking spaces).
In order to mitigate the temporary impacts to public access on the pier, beach and public
beach parking lots, the Commission has imposed Special Condition No.6, which requires
that construction take place during the winter months and not during the .peak use" beach
season and that access to the pier be made available whenever possible during
construction. In addition, the Commission has imposed Special Condition No.8, which
requires the applicant to submit a plan for review, which indicates that the construction
. staging area(s) and construction corridor(s) will avoid impacts upon public access at the _
Seal Beach Municipal Pier, the beach and the public beach parking lots. It also ensures .,
that construction equipment, materials, or activity shall not be placed on the sandy beach
outside of the immediate construction zone and that the construction staging area will
gradually be reduced as less materials and equipment are necessary.
As conditioned by this permit the groin repair and reinforcement will not have a significant
adverse impact to public access. In fact the repair work to the groin will stabilize the
shoreline at East Beach and public access. Therefore, for the reasons stated above, the
proposed project, as conditioned, is consistent with Sections 30210 and 30213 of the
Coastal Act.
D. Hazards
Section 3.0253 of the Coastal Act states in part:
New development shall:
(I) Minimize risks to life and property in areas of high geologic, flood, and fire
hazard.
(2) Assure stability and structural integrity, and neither create nor contribute
significantly to erosion, geologic instability, or destruction of the site or surrounding
area or in any way require the construction of protective devices that would
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Section 30253 of the Coastal Act states in part that new development shall minimize risks
to life and property and shall assure stability and structural integrity. According to the
applicant's consultants, the structural section of the new repaired and reinforced groin will
be significantly stiffer than the original groin and should result in a much longer service life
than the original structure.
Since the proposed development is located perpendicular to the beach, it will be exposed
to several hazards in the area, such as storm waves, wave and debris loadings,
foundational scour and erosion. The project repairs have been designed to consider the
range of wave and current conditions that can be expected to occur at this location.
However, due to the inherently variable nature of coastal processes there remains the
possibility that the structural integrity of the structure can be threatened. Although the
repaired groin is designed to be stable to reduce adverse impacts due from wave damage,
there will continue to be the threat. Special Condition No. 2 requires the applicant to
undertake a monitoring program to insure that the groin remains in good condition and
continues to provide erosion protection for the adjacent public recreational beach. To
ensure that the applicant, and any future property owner is aware of the hazards, the
applicant shall be required to indemnify and hold harmless the Coastal Commission from
any claims related to the proposed development. The Commission, therefore, finds that
only as conditioned, will the proposed development be consistent with Section 30253 of
the Coastal Act.
E. Local Coastal Proaram
Section 30604 (a) of the Coastal Act states:
Prior to certification of the Local Coastal Program, a Coastal Development Pennit shall
be issued if the issuing agency, or the Commission on appeal, finds that the proposed
development is in confonnily with the provisions of Chapter 3 (commencing with Section
30200) of thfs divfsion and that the pennitted development wfll not prejUdice the abilfty of
the focal government to prepare 8 local coastal program that is in confonnity with the
provfsfons of Chapter 3 (commencing with Sectfon 30200).
On July 28, 1983, the Commission denied the City of Seal Beach Land Use Plan (LUP) as
submitted and certified it with suggested modifications. The City did not act on the
suggested modifications within six months from the date of Commission action. Therefore,
pursuant to Section 13537(b) of the California Code of Regulations, the Commission's
certification of the land use plan with suggested modifications expired. The LUP has not
been resubmitted for certification since that time.
As conditioned, to address shoreline erosion, water quality, and public access, approval of
the proposed development, as conditioned, will not prejudice the City's ability to prepare a
Local Coastal Program in conformity with Chapter 3 of the Coastal Act. The Commission,
therefore, finds that the proposed project, as conditioned, is consistent with the provisions
of Section 30604 (a) of the Coastal Act.
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F. California Environmental Quality Act
Section 13096 of the California Code of Regulations requires Commission approval of a
COP application to be supported by a finding showing the application, as conditioned by
any conditions of approval, to be consistent with any applicable requirements of the
California Environmental Quality Act (CECA). Section 21080.5(d)(2)(A) of CECA prohibits
a proposed development from being approved if there are feasible altematives or feasible
mitigation measures available which would substantially lessen any significant adverse
effect that the activity may have on the environment.
Mitigation measures, in the form of special conditions, require maintenance and monitoring
of the groin, submittal of final plans that conform with preliminary plans, use of construction
best management practices. (BMPs), identification of the debris disposal site location,
timing of construction and public access, timing of construction to avoid impacting grunion,
submm81 of a construction staging area plan, evidence of approval by the Regional Water
Quality Control Board (RWCCB), a determination by the States Lands Commission prior. to
permit issuance, and an assumption of risk due to hazards. No further alternatives, or
mitigation measures, beyond those imposed by this permit, would substantially lessen any
significant adverse impacts which the development would have on the environment.
Therefore, the Commission finds that the proposed project, as conditioned, can be found _
consistent with the requirements of the Coastal Act to conform to CECA. .,
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