California Coastal Commission Coastal Development Permit

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Presentation transcript:

California Coastal Commission Coastal Development Permit 5-11-068 Decrease font size on second line so it fits on one line California Coastal Commission Coastal Development Permit 5-11-068 Parkside Estates, Huntington Beach W-11b June 13, 2012

Project Chronology 2003 – LCP application submitted 2004 – LCP application deemed complete 2007 – LUP approved by Commission 2010 – IPA approved by Commission 2/2011 – Geotech/archaeo CDP approved by Commission 8/2011 – CDP application deemed complete 11/2011 – LCP certified by Commission Throughout: Delete copy and date below and add page slide numbers. This is slide #2. Sorry – I just want a number at the bottom, not the “this is slide number”

(Original Coastal Act Jurisdiction) Standard of Review Certified LCP Certified LCP and Coastal Act (Original Coastal Act Jurisdiction) Wetlands ESHA Water Quality Habitat Management Parks Hazards and Flood Development Public Access Recreation Storm Drain Channel Crossing As conditioned, the project will be: Consistent with the LCP the Commission certified in Nov. 2011 Consistent with the LCP and Coastal Act (public access and recreation) Consistent with the Coastal Act (improvements in flood control channel)

LCP Compliance Public access plan: Conforms ESHA and ESHA buffers: Conform Habitat Management plan: Conforms Water quality plan: Conforms [Add image of an NTS and map showing site, Cabo, Slater watershed]

LCP Compliance LCP Requires: All requirements are met AP WETLAND EPA WETLAND CP WETLAND Typical current wetland condition Typical created seasonal wetland LCP Requires: 1.4 acres of wetlands in CP 1.1 acres of wetlands in AP 4.0 acres of wetlands in EPA Wetland buffers New wetland delineation All requirements are met Behind this image put a site plan with the CP, AP and EPA called out. It will come up on a click. On the images behind this, add captions: For small: Typical current wetland condition. For large: Typical created seasonal wetland.

Is the Entire Site a Wetland? AP WETLAND EPA WETLAND CP WETLAND NO. Except for CP and AP, does not meet any of the three wetland parameters, let alone all three Documented through 31 wetland studies Confirmed by staff ecologist In front of this image put a photo of tractors working the field . The current photo will come up on a click. Behind this, repeat the site plan image from Slide 5

Current Wet Soil Conditions – Grounds for Denial? NO. Does not meet wetland standards They are in a future protected natural resource area Propose to address through Habitat Management Plan adjustments Laer’s Comments; Animate aerial with colored polygons indicating extent of ponding behind these. (This is on mouse click) On the map, we want to show the approx ½ acre adjustment - the black-slashed area on the site plan on the next slide. Make it just an outline, with heavy dotted blue line.

Adding Wetlands via HCP Use the HCP to: Include recent ponding areas in EPA wetland 4.54 additional acres – now over 7.0 acres of wetland in project Adjust habitat types in buffers accordingly Insert new plan here

LCP Compliance: Hazards LCP Requires: Solve flood risk caused by Bolsa Chica project Upgrade north levee of flood control channel Install larger storm drains Improve the Slater Pump Station

FEMA’s Position [Add image of FEMA letter of October 2012]

Does LCP Allow the VFPF? YES – In fact, it is required: “Minimization/mitigation of flood hazard shall include the placement of a FEMA certifiable, vegetated flood protection levee that achieves hazard mitigation goals and is most protective of coastal resources including wetlands and ESHA.” Certified LCP (Table C2, City’s Coastal Element for Parkside Estates) (Emphasis added)

Does LCP Allow the VFPF? The Bolsa Chica Land Trust: Cites general language from the City’s LCP Ignores site-specific language pertaining to Parkside requiring the VFPF in its proposed location Ignores that site-specific requirements prevail, per Certified IP

Liquefaction and Dewatering 1313 This is slide: Liquefaction and Dewatering

Bushard Street Dewatering

Should Historic Unpermitted Development Stop Approval? “Certified LCP requires: “Any areas that constituted wetlands or ESHA that have been removed, altered, filled or degraded as a result of activities carried out without compliance with Coastal Act requirements shall be protected as required by the policies in this Land Use Plan.” (Emphasis added) The CDP complies

LCP Compliance: Density

What the CDP will Accomplish Network of trails to pop at end of animation sequence.

What the CDP will Accomplish Network of trails to pop at end of animation sequence.

END OF SHOW

Groundwater Monitoring Well Data

False Fill Allegations of Wetlands: Wetland Vegetation at Start of Shapiro 1981: NO wetland vegetation indicated in field NO wetland vegetation in stable area CDFG 1981: Formal degraded wetland report prepared for CCC under Coastal Act Site described as “Severely degraded historic wetland – not presently functioning as a wetland” Shapiro 1981 CDFG 1981 Historic wetland vegetation only found in CP. [Add image only from Slide 14 of slide show: “Huntington Beach LCPA 1-06/Briefing for Nov. 14 Hearing”

END OF REBUTTAL SLIDES