
















Study with the several resources on Docsity
Earn points by helping other students or get them with a premium plan
Prepare for your exams
Study with the several resources on Docsity
Earn points to download
Earn points by helping other students or get them with a premium plan
Community
Ask the community for help and clear up your study doubts
Discover the best universities in your country according to Docsity users
Free resources
Download our free guides on studying techniques, anxiety management strategies, and thesis advice from Docsity tutors
The approval process for a coastal development permit for the rehabilitation and repair of Balboa Pier and Newport Pier in Newport Beach, California. The project includes the replacement of piles, stringers, pile caps, cross bracing, signage, concrete decks, and handrails. The document also outlines the conditions of approval, construction responsibilities, and debris removal requirements.
What you will learn
Typology: Study notes
1 / 24
This page cannot be seen from the preview
Don't miss anything!
STATE OF CALIFORNIA- THE RESOURCES AGENCY
South Coast Area Office 200 Oceangate, Suite 1000 Long Beach, CA 90802- (562) 590-
RECORD PAC
Tu 22d & Tu 22e
GRAY DAVIS, Governor
Filed: February 15, 2002 49th Day: April 5, 2002 1aoth Day: AugusW1oo Staff: ALB-L Staff Report: April 1 , 0 Hearing Date: May 9-12, 2002 Commission Action:
APPLICATION NOS.: 5-01-471 and 5-01-
APPLICANT: City of Newport Beach Public Works Department
AGENT: Stephen Badum, Public Works Director
PROJECT LOCATION: Balboa Pier and Newport Pier, Newport Beach (Orange County)
PROJECT DESCRIPTION: Request for after-the-fact approval of municipal pier rehabilitation and repair, including replacement of piles, stringers, pile caps, cross bracing, signage, concrete decks and handrails. The project also involves replacement of communication, power, gas, water, and sewer conduits beneath each pier deck; repairs to the roof of the Lifeguard Workshop and rehabilitation of the lifeguard boat accessway beneath the Newport Pier; and replacement of fishing benches and cutting boards on both piers. Construction and post-construction BMPs have been incorporated into the project descriptions.
The subject applications are for repair and maintenance of two municipal piers, the Balboa Pier (5-01-471) and the Newport Pier (5-01-472}. Were it not for their location within 20 feet of coastal waters and on the sandy beach, the proposed pier work would be exempt as repair and maintenance of existing structures. However, due to the proximity of the piers to sensitive resources, the development involves a risk of substantial adverse environmental impact. The primary issues before the Commission are water quality, marine resources, public access and avoiding adverse impacts to lower cost visitor and recreational facilities.
Staff recommends that the Commission APPROVE the proposE.J projects subject to five (5) special conditions. The special conditions consist of: 1) notification that any future improvements to the piers will require approval by the Commission; 2) identification of construction and debris removal responsibilities; 3) conformance with the Water Quality Management Plan (WQMP) submitted; 4) maintenance of treated wood pilings; and 5} timing of construction outside the peak beach use season.
5-01-471 and 5-01-472 (City of Newport Beach) Balboa Pier and Newport Pier Repairs
LOCAL APPROVAL RECEIVED: Approval in Concept from the City of Newport Beach
SUBSTANTIVE FILE DOCUMENTS: City of Newport Beach Certified Land Use Plan, Coastal Development Permits 5-01-029; 5-99-150, 5-99-382; 5-97-087; 5-97-086; 5-92-470; 5-92-012; 5-92-012A; 5-90-1120-A1, and 5-90-1120.
EXHIBITS:
This staff report and recommendation analyzes both coastal development permit applications 5-01-471 and 5-01-472. Although the staff report combines the analysis for the two permits, the Commission must vote separately on each permit. The two necessary motions and staff recommendations are provided below.
A. STAFF RECOMMENDATION FOR COP 5-01-471 (BALBOA PIER):
Staff recommends that the Commission APPROVE the permit application with special conditions.
MOTION:
I move that the Commission approve CDP #5-01-471 pursuant to the staff recommendation.
Staff recommends a YES vote. This 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.
B. STAFF RECOMMENDATION FOR COP 5-01-472 (NEWPORT PIER):
Staff recommends that the Commission APPROVE the permit application with special conditions.
MOTION:
I move that the Commission approve CDP #5-01-472 pursuant to the staff recommendation.
Staff recommends a YES vote. This 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.
5-01-471 and 5-01-472 (City of Newport Beach) Balboa Pier and Newport Pier Repairs
Construction Responsibilities and Debris Removal
The permittee shall comply with the following construction-related requirements:
(a) No construction materials, debris, or waste shall be placed or ~Lured where it may be subject to wave erosion and dispersion; (b) Any and all debris resulting from construction activities shall be removed from the beach, pier, bulkhead and dock area on a daily basis; (c) No machinery shall be allowed at any time on the beach or intertidal zone; (d) Disturbance to the harbor bottom and intertidal areas shall be minimized; (e) Sand from the beach, cobbles, or shoreline rocks shall not be used for construction material; (f) Staging and storage of construction machinery and storage of d:bris shall not take place on the beach; (g) Any accidental spills of construction equipment fluids shall be immediately contained on-site and disposed of in an environmentally safe manner as soon as possible; (h) Any construction materials, oils or liquid chemicals or other waste shall not be stored where it is subject to wave erosion and dispersion into coastal waters.
The applicant shall carry out development in conformance with the Water Quality Management Plan (WQMP) submitted on February 15, 2002, which in~....urporates
structural and non-structural Best Management Practices (BMPs) designed to • control the volume, velocity and pollutant load of stormwater and nuisance flow leaving the developed sites. These source control measures include, but are not limited to, 1) hand sweeping; 2) power sweeping; 3) power scrubbing; and 4) power washing of each pier. These measures shall be carried out at frequencies sufficient to effectively minimize the accumulation of pollution which could be washed into coastal waters.
The applicant shall maintain the polyethylene wrapping around the creosott:: treated wood pilings installed at the subject site. Maintenance shall be conducted on a· regular basis to ensure the following requirements are met at all times:
a. Measures shall be taken to prevent creosote from dripping over the top of plastic wrapping into State Waters. These measures may include wrapping pilings to the top or installing collars to prevent dripping.
b. The polyethylene wrapping shall remain sealed at all joints to prevent leakage.
c. The polyethylene material is expected to maintain its integrity for at least ten years, however, wrappings that develop holes or leaks before that time shall be repaired or replaced in a timely manner.
Any replacements, changes or improvements shall not occur without an
J.
5-01-471 and 5-01-472 (City of Newport Beach) Balboa Pier and Newport Pier Repairs
Timing of Const!"~ction
By acceptance of this permit, the applicant agrees to minimize adverse impacts to public use of the Balboa Pier, Newport Pier, surrounding beaches and parking lots resulting from construction activities approved pursuant to Coastal Development Permits 5-01-471 and 5-01-472 as required below:
5-01-471 and 5-01-472 (City of Newport Beach) Balboa Pier and Newport Pier Repairs
As shown in Exhibit 3, work proposed at the Newport Pier includes:
Construction Methods and Staging Staging and storage areas are designated within City parking lots at the base of each pier. The applicant states that no mechanized equipment will be stored on the beaches or within 100 feet of coastal waters. Mechanized equipment will be used to expedite the removal of deck material from the piers. The contractor is responsible for sweeping and collecting debris (sawdust, miscellaneous timber and concrete, nails, and fasteners) from demolition as the deck surfaces are dismantled. Trucks are backed onto the piers, where concrete, timber and other debris is lifted and loaded onto the trucks. Debris is then disposed of at landfills outside the coastal zone. According to the applicant, "appropriate measures and removal techniques are employed to prevent debris from reaching ocean waters." In the event that debris or dropped tools reach ocean waters, they are immediately removed by skiff and scuba diver. In addition, the contractor is required to submit a written plan to the City for the containment and collection of construction debris. The contract allows the City to ask for additional measures as needed and City staff will monitor the site daily.
Timing of Construction Repair and maintenance of the Balboa and Newport Piers will be undertaken during the late winter/early spring months of 2002, prior to the peak beach use season. 1 During the early phase of construction, a portion of the piers will remain open to public use. To ensure public safety, the piers will be closed during the concrete deck and railing replacement. The closure of each pier, including the restaurants, will be limited to a two-month period. However, the pier closures will be staggered by four weeks to minimize the length of time that at least one ocean pier is not available for public use. When work must be performed over the beach, the contractor will post signs on the beach as a safety precaution, prohibiting public use of the beach within 20 feet of the pier. Work at the Balboa Pier will be performed concurrent with Phase 1 of the Balboa Village construction, approved by the Commission by COP 5-01-029. The City anticipates that both piers will be re-opened to full public use prior to the peak tourism season.
(^1) At the time of this staff report, the applicant estimates the repair and maintenance activities at the Balboa and Ne\l.rport Piers to be approximately 99% complete.
5-01-471 and 5-01-472 (City of Newport Beach) Balboa Pier and Newport Pier Repairs
B. Development Adjacent to Coastal Waters
Section 301 06 of the Coastal Act defines development which is subject to coastal development permit requirements. The proposed work involves the alteration of the existing piers through the placement of piles into coastal waters and will affect public access to, and use of, the Newport and Balboa Piers. The relevant portions of Section 301 06 are cited below.
"Development" means, on land, in or under water, the placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid, or thermal waste; grading, removing, dredging, mining, or extraction of any materials; change in the density or intensity of use of land, including, but not limited to, subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government Code), and any other division of land, including lot splits, except where the land division is brought about in
use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public, or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes, kelp harvesting, and timber
pursuant to the provisions of the Z'berg-Nejedly Forest Practice Act of 1973 (commencing with Section 4511).
The Commission acknowledges that the City considers the proposed development to be a • repair and maintenance activity. Nevertheless, although Section 30610(d) of the Coastal Act renders certain repair and maintenance activities exempt from permit requirements, other repair and maintenance activities are not exempt since they may have an adverse effect on the environment. Section 30610(d) is implemented by Section 13252 of Title 14 of the California Code of Regulations. Section 13252 specifies the repair and maintenance activities that require a coastal development permit pursuant to Section 30610(d) before work can commence. Section 13252 states, in relevant part:
a. For purposes of Public Resources Code Section 30610(d), the following extraordinary methods of repair and maintenance shall
substantial adverse environmental impact:
3. Any repair of maintenance to facilities or structures or work located in an environmentally sensitive habitat area, any
environmentally sensitive habitat area, or within 20 feet of coastal waters or streams that include:
A.
The placement or removal, whether temporary or permanent, of rip-rap, ;()cks, sand or other beach material or any other forms of solid materials; The presence, whether temporary or permanent, of mechanized equipment or construction materials.
5-01-471 and 5-01-472 (City of Newport Beach) Balboa Pier and Newport Pier Repairs
Construction BMPs • The proposed project involves structural repairs and improvements to the Balboa and Newport Piers. The proposed project is located over coastal waters and adjacent to the beach; therefore, there is the possibility that material from demolition or construction may enter coastal waters. The City has incorporated construction-related Best Management Practices (BMPs) into the project through the "Site Maintenance, Cleanup and Dust Control
In order to ensure implementation of the proposed construction-related BMPs and to prevent adverse impacts to water quality and marine waters from construction and demolition activities, the Commission is imposing Special Condition 2. This condition provides for the safe storage of construction materials and the disposal of demolition end- products.
Post Construction BMPs
construction Best Management Practices (BMPs) that will ensure that the City's piers do not adversely affect water quality or marine resources. The applicant acknowledges that "residual debris from fishing activities, trash from daily visitors, and our healthy bird population all contribute to the challenges of water quality in this setting." As such, City crews will implement the following post-construction maintenance procedures to clean the pier decks and railings:
1. Hand Sweeping. City crews will hand sweep debris-heavy locations (usually around the concessions and the foot of the piers) on the piers lxlweek all year _'round (except during rain storms).
over the entirety of the piers.
3. Power Scrubbing. Immediately following sweeping (but not as frequently as power sweeping-1xlweek in the summer and 1xmonth in the winter), City crews will use the Tennant Power Scrubber (which applies water, scrubs, and then vacuums up the cleanings) to clean the piers' walking surfaces.
summer and 1xlmonth in the winter), City crews will power wash (using 180° water with no soap) the railing, benches, bait cutting stations and walkway cracks to remove any remaining stains. The debris (and water to the extent practicable) will be washed into the path of the Tennant Power Scrubber and then vacuumed up.)
The removal of refuse is also important to maintaining water quality and marine resources. The City will place 25 refuse containers on each pier at 1 00-foot intervals. These containers will be covered and have "flip-flop" lids to prevent storm water intrusion and bird scavenging. The containers will be emptied seven times a week. The containers are pressure cleaned at the C1ty's Corporation yard twice a year.
The City will direct fish cleaning activities to two designated sinks located along the side of each pier. The applicant explains that because the wastewater line beneath the pier is a force main, the sinks will use potable water and drain into the ocean as they do now. Signs •
5-01-471 and 5-01-472 (City of Newport Beach) Balboa Pier and Newport Pier Repairs
at each sink will prohibit use of soaps or cleaners. City staff will clean the screening device at the base of the sink each time refuse is collected (seven times a week).
Lastly, the applicant will install grease interceptors at the base of each pier to accommodate grease disposal from the restaurants currently located at the end of each pier. Grease traps and grease interceptors serve to remove cooking grease from sewer pipes. Cooking grease adheres to the inside of sewer pipes, and the continual disposal of grease down sinks or drains may completely block the pipes. Restaurant disposal of cooking grease has been identified as one of the primary causes of sewage line breaks and spills in Southern California, but with proper source control and structural treatment best management practices, grease can be effectively removed from restaurant waste water. Grease interceptors are widely regarded as the most effective device in removing cooking grease from waste water. Given that the restaurants located at the end of the Balboa Pier and Newport Pier will not be reconstructed as part of the current project, but also understanding that grease interceptors are a critical measure for water quality protection, the applicant proposes to place a grease interceptor at the base of each pier. While this will not protect the sewer lines located beneath the deck of each pier from grease build-up, the applicant does not have the ability at this time to require the installation of grease interceptors within the restaurants. Installation of the interceptors at the base of each pier will promote the best level of water quality protection available to address waste water grease as part of the currently proposed project.
Maintenance of Treated Piles As described previously, the project involves the replacement of three piles at the Balboa Pier and seven piles at the Newport Pier. The number of replacement piles represent approximately one percent of the total number of piles supporting the existing structures. The applicant proposes to use treated wood pilings dual-wrapped with high-density polyethylene to preclude the pile treatment from leaching into the ocean. During Commission staff's review of one of the City of San Clemente's recent pier repair projects (5-99-150 and 5-99-382), staff contacted the California Department of Fish and Game (CDFG) to request information on the requirements for use of these materials in the proposed projects. According to the CDFG, the use of any petroleum, acid, coal or oil tar, lampblack, aniline, asphalt, bitlumen, or residuary product of petroleum, or carbonaceous materials or substance is normally prohibited on pier pilings in state waters. Creosote is included in this category. As stated above, the currently proposed project includes the use of creosote for treatment of the pilings. The applicant states the "replacement piles must have similar structural qualities with respect to flexibility and strength. Dissimilar pile types would cause the pier structure to rapidly deteriorate and become unstable. The city is not aware of any replacement pile types that would be an appropriate substitute for the existing treated wood piles, but will continue to investigate replacement alternatives for future maintenance projects." As such, in order to address the concerns raised by the use of creosote treated wood pilings for the proposed projects, the Commission imposes Special Condition 4 that requires maintenance of the polyethylene wrapping that encases the treated wood pilings. This condition is similar to a special condition imposed by the Commission through COPs 5-99-150 and 5-99-382 requiring maintenance of the pile wrappings at the San Clemente Municipal Pier. As conditioned, the Commission finds the new piles to be effectively contained to prevent adverse impacts to marine resources resulting from creosote leakage.
5-01-471 and 5-01-472 (City of Newport Beach) Balboa Pier and Newport Pier Repairs
D. Public Access
Sections 30210, 30211, and 30252 of the Coastal Act address public access and recreation.
Section 30210 of the Coastal Act states:
In carrying out the requirement of Section 4 of Article X of the California Constitution, maximum access, which shall be conspicuously posted, and recreational opportunities shall be provided for all the people consistent with public safety needs and the need to protect public rights, rights of private property owners, and natural resource areas from overuse.
Section 30211 of the Coastal Act states:
Development shall not interfere with the public's right of access to the sea where acquired through use or legislative authorization, including, but not limited to, the use of dry sand and rocky coastal beaches to the first line of terrestrial vegetation.
There are also policies in the certified LUP concerning public access. Policy 4 of the City's certified LUP Public Access Section states:
Public access in coastal areas shall be maximized consistent with the protection of natural resources, public safety, and private property rights.
The proposed project involves repair and maintenance activities at the Balboa Pier and Newport Pier. The piers are popular attractions to both residents and visitors. There are public parking lots at the base of each pier that provide parking for the beaches, the piers, the restaurants on the piers, and the retail stores and restaurants within the pier areas. The Commission notes that although there are other beaches for beachgoers to use within the City of Newport Beach, the demand for the use of those beaches is growing as Orange County and the neighboring counties rapidly urbanize. The demand for beach use is increasing, but the beaches are limited resources. The Coastal Act requires that development not interfere with the public's right of access to the sea by providing adequate parking to serve that development. The pier repairs will require temporary use of the public parking areas for staging ~.,d storage during construction. However, only a portion of each parking lot will be utilized and all public parking will be re-opened prior to the peak use season.
The applicant proposes to perform the proposed work in a manner that will allow the public some access to the piers during the early phase of construction. However, during deck and handrail reconstruction, access to the piers and restaurants will be prohibited for public safety purposes. As described previously, the project will take place primarily during the winter and early spring season when there are fewer visitors to the piers, which will further reduce any adverse impacts to public access. The applicant states that all work will be completed prior to Memorial Day weekend 2002 and public access will be fully restored. In order to ensure access to the beach is not hindered during the peaK summer season, the Commission finds that it is necessary to impose Special Condition o, which prohibits construction to occur during the peak use summer season that would obstruct public access to the piers, adjacent beaches, or public parking lots. Only as conditioned does the
5-01-471 and 5-01-472 (City of Newport Beach) Balboa Pier and Newport Pier Repairs
Commission find the proposed development is consistent with Sections 30211 and 30252 of the Coastal Act.
E. Visitor Serving Development
Section 30213 of the Coastal Act states in part:
Lower cost visitor and recreational facilities shall be protected, encouraged, and, where feasible, provided. Developments providing public recreational opportunities are preferred.
City of Newport Beach LUP, New Development Section, Policy 12 states:
The City of Newport Beach shall protect and encourage the maintenance of lower-cost commercial visitor-serving facilities.
The California Coastal Conservancy publishes a document entitled "California's Public Piers," which provides locations and descriptions of public piers in California. Among the piers listed in this document are the Newport Pier and Balboa Pier. The Coastal Conservancy notes that the services which piers provide include, "views of the off-shore coast and fishing without a license." Public piers tend to become visitor-serving attractions as in the case of the Santa Monica Pier, the Huntington Beach Pier, and the San Clemente Municipal Pier.
There is no admittance fee to piers. People can walk on the piers if they prefer not to walk • on sand. People can spend the day sitting on the pier watching people or nature. Piers are also an excellent viewing platform from which to view the beach and coastline.
In short, the subject piers are low-cost, visitor-serving facilities which provide public fishing opportunities, fresh ocean air, an opportunity to walk and look out at the ocean and to get a panoramic view of the coastline. As such, any development on a public pier is subject to scrutiny as to whether the development would affect the public's recreational interest. In this case, the proposed improvements are routine repair and maintenance that do not adversely impact public access or recreation. The repair and maintenance activities help maintain ~he function of the pi ... r !".Jr its intended use as a visitor-serving facility. The pier will remain open and available to visitors during the early phase of construction and will be re- opened prior to the peak bea-:h u-:e season, as discussed in the preceding section. Therefore, the Commission finds that the proposed development is consistent with the provisions of Section 30213 of the Coastal Act.
F. Local Coastal Program
Section 30604(a) of the Coastal Act provides that the Commission shall issue a coastal permit only if the project will not prejudice the ability of the local government having jurisC:iction to prepare a Local Coastal Program which conforms with Chapter 3 policies of the Coastal Act.
The City of Newport Beach Land Use Plan (LUP) component of its LCP was originally certified on May 19, 1982. The City currently has no certified implementation plan.
5-01-471 and 5-01-472 (City of Newport Beach) Balboa Pier and Newport Pier Repairs
The proposed project has been conditioned in order to be found consistent with the geologic hazards, water quality and environmentally sensitive habitat policies of the Coastal Act. Mitigation measures, in the form of special conditions, require 1) the requirement that any future improvements to the Balboa or Newport Piers will require a permit from the Commission; 2) conformance with the WQMP submitted; 3) identification of construction and debris removal responsibilities: 4) maintenance of the treated wood piles and 5) timing of construction.
As conditioned, there are no feasible alternatives or feasible mitigation measures available which would substantially lessen any significant adverse effect that the activity may have on the environment. Therefore, the Commission finds that the proposed project can be found consistent with the requirements of the Coastal Act to conform to CEQA.
H:\Staff Reports\May02\5-01-471&472(Balboa & Newport Piers). doc
COASTAL COMMISSION 5-0t-1/71 +5-0/-
EXHIBIT #---:._/-- PAGE I (^) OF I
~~ @
CD CD ; i '
l
,·
i
I I ~!
~~/1d 24.24- '•^ y "'"-^ 24.30 - co : : '
2+.$11 2+.Jt ! r CD-^ ~ & i! 24.eo C~l!!lliHI!II-:11~ 7-4.8-
~~
c~~Jil~ ~
24.80 74 ..
! l CD-^0 0 ~ i (^) 24.ef"""""~~"".......,,-:-8J-@ q ### f ~ q 0 ~~ ~! ;6 --=~--=~ -----" ~~ 24.27 24.03 24.05 24. .. 2<4.~;~~~ **24.83 U!** . ,L--~---!- _i_ ### ; F 24. ~-~ 24.&3 0\ ' li ' ~ _li_ ~ CD-^ ~ _t._ il ~^ **24.:!111** ~=----~ **24.87**^00 ~ ~ (^). !^ I^ ·. ## :,. j ~ • _r_ I ~^ 24.$~~~ i' ; t-:,-~ ; ; ~ L_ ~ ........ ~ ---- **24.8 24.87** ° ~ ·lr~ 24.~=----~ - ~ ~ _@_ ## l . \8.!1^ ~ ......^ ~1~.tt ==l ## h ~-...-.-~ ~~ 11.U 18. ~~ B ## ~L ~~ 20.Hc~~~^ 20. II ~ §~ (^) t~....._.-~ ### M~ Mn § 12.lt ·~--~ 22.4f 0 u.co^ c~~=-~ 23.12 - ## CD , 2.3.12:^ r:~~~ 2J,M N ## e.e ~~~~------------------~ f..