April 2009 Coastal Commission Permit Approval for Rip Rap

In a recent Pacifica Riptide article Coastal Commission: Esplanade Bluff and Riprap we get a link to the north central coast district Deputy Director’s report from April 10, 2009. The Deputy Director determined that installation of rock rip rap below 310 – 340 Esplanade did not require a coastal development permit… “because the development is necessary to protect life and public property or to maintain public services.”

As I read through the report (included below, or here Deputy Director’s Report, North Central Coast, April 10, 2009 (F3-4-2009), or go to the Riptide article for a link to the official PDF) these were some of the questions and issues that came to my mind:

  • This decision cleared the way for the work done last summer for 310 through 340. No rock was put down below 330, though.
  • Decision explicitly limits the work to “Phase 1” of an existing larger project applied for under regular calendar permit 2-03-018. (See CONDITIONS OF APPROVAL item #2 below.) I’ve searched all over, in the Coastal Commission website and out, and can’t find permit “2-03-018”. This is unfortunate since we’ve heard various players refer to “Phase 2” without having it defined.

(NOTE: This post is part of my coverage of the cliff erosion and collapse at 330 Esplanade Ave, Pacifica. For a complete chronology and links to many photos see Evacuation underway at 330 Esplanade.)

Here is an excerpt from the Deputy Director’s report:

EMERGENCY PERMITS

1. 2-09-002-G Millard Tong; Farshid Samsami; C/O San Mateo Real Estate & Construction, Inc., Attn: Dennis Thomas (Pacifica, San Mateo County)

REPORT OF EMERGENCY PERMITS

The Executive Director has determined that the following developments do not require a coastal development permit pursuant to Section 13142 of the California Code of Regulations because the devlopment is necessary to protect life and public property or to maintain public services.
Applicant
Project Description
Project Location
2-09-002-G
Millard Tong
Farshid Samsami
C/O San Mateo Real Estate
& Construction, Inc., Attn:
Dennis Thomas
Installation of approximately 6,000 tons of rock rip rap at the toe of the bluff. Rock will be stockpiled on City-owned property at intersection of Esplanade Ave. and West Manor Road. Access to the beach for installation will occur from the same City property. 310 – 340 Esplanade Avenue, Pacifica (San Mateo County)

Following is the relevant content from the Deputy Director’s report.


F3-4-2009.pdf Page 1:



NORTH CENTRAL COAST DISTRICT
DEPUTY DIRECTOR’S REPORT
For the
April Meeting of the California Coastal Commission

Following is a listing for the waivers, emergency permits, immaterial amendments and extensions issued by the North Central Coast District Office for the April 10, 2009 Coastal Commission hearing. Copies of the applicable items are attached for your review. Each item includes a listing of the applicants involved, a description of the proposed development, and a project location.

Pursuant to the Commission’s direction and adopted procedures, appropriate notice materials were sent to all applicants for posting at the project site. Additionally, these items have been posted at the District office and are available for public review and comment.

This report may also contain additional correspondence and/or any additional staff memorandum concerning the items to be heard on today’s agenda for the North Central Coast District.


F3-4-2009.pdf Page 2 excerpt:


EMERGENCY PERMITS
1. 2-09-002-G Millard Tong; Farshid Samsami; C/O San Mateo Real Estate & Construction, Inc., Attn: Dennis Thomas (Pacifica, San Mateo County)


F3-4-2009.pdf Page 3 excerpt:


REPORT OF EMERGENCY PERMITS
The Executive Director has determined that the following developments do not require a coastal development permit pursuant to Section 13142 of the California Code of Regulations because the devlopment is necessary to protect life and public property or to maintain public services.
Applicant
Project Description
Project Location
2-09-002-G
Millard Tong
Farshid Samsami
C/O San Mateo Real Estate
& Construction, Inc., Attn:
Dennis Thomas
Installation of approximately 6,000 tons of rock rip rap at the toe of the bluff. Rock will be stockpiled on City-owned property at intersection of Esplanade Ave. and West Manor Road. Access to the beach for installation will occur from the same City property. 310 – 340 Esplanade Avenue, Pacifica (San Mateo County)

F3-4-2009.pdf Page 5:


EMERGENCY PERMIT

Millard Tong
320 Esplanade Avenue, #56
Pacifica, CA 94044
Date: March 5. 2009
Emergency Permit No. 2-09-002-G

LOCATION OF EMERGENCY

310 – 340 Esplanade Avenue, Pacifica (San Mateo County)
(APN(s) 009-413-20, 009-413-30, 009-413-40)

WORK

Installation of approximately 6,000 tons of rock rip rap at the toe of the bluff. Rock will be stockpiled on City-owned property at intersection of Esplanade Ave. and West Manor Road. Access to the beach for installation will occur from the same City property.

This letter constitutes approval of the emergency work you or your representative has requested to be done at the location listed above. I understand from your information that an unexpected occurrence in the form of accelerated bluff erosion posing a threat to structures at 310-340 Esplanade Avenue requires immediate action to prevent or mitigate loss or damage to life, health, property or essential public services pursuant to 14 Cal. Admin. Code Section 13009. The Executive Director of the Coastal Commission hereby finds that:

    • (a) An emergency exists which requires action more quickly than permitted by the procedures for administrative or ordinary permits and the development can and will be completed within 30 days unless otherwise specified by the terms
    • (b) Public comment on the proposed emergency action has been reviewed if time allows;
    • (c) As conditioned, the work proposed would be consistent with the requirements of the California Coastal Act of 1976.

The work is hereby approved, subject to the conditions listed on the attached page.

Sincerely,

PETER M. DOUGLAS.
Executive Directo

By: CHARLES LESTER
Deputy Director

cc: City of Pacifica
Bart Willoughby

Enclosures: 1) Acceptance Form;


F3-4-2009.pdf Pages 6, 7 and 8:


Emergency Permit Number: 2-09-002-G
Date: 3/5/2009

CONDITIONS OF APPROVAL:

  1. The enclosed Emergency Permit Acceptance form must be signed by the PROPERTY OWNER and returned to our office within 15 days.
  2. Only that work specifically described in this permit and for the specific property listed above is authorized. Any additional work requires separate authorization from the Executive Director. Work is further limited to the installation of rip rap consistent with “Phase 1” of the larger project applied for under regular calendar permit 2-03-018, and as described in the revised plans as follows: Sheets 1 -6; 13-21 dated 9/11/08; Sheets 7, 8, 9 of 21 dated 6/03/08; revised 10/31/08; Sheet 10 of 21 dated 6/03/08, revised 9/12/08 and 10/31/08; Sheet 11 of 21 dated 9/11/08, revised 9/12/08 and 11/11/08; Sheet 12 of 21 dated 6/03/08, revised 9/17/08 and 11/11/08.
  3. All work shall take place in a time and manner to minimize any potential damages to any resources, including intertidal species, and to minimize impacts to public access.
  4. The work authorized by this permit must be completed within 60 days of the date of this permit, which shall become null and void unless extended by the Executive Director for good cause.
  5. By acceptance of this permit applicant agrees to work diligently to complete the pending regular coastal permit application 2-03-018 within 90 days of completion of the emergency work, to have the emergency work be considered permanent. The applicant recognizes that the emergency work is considered temporary and subject to removal unless and until a regular coastal permit permanently authorizing the work is approved.
    A regular permit would be subject to all of the provisions of the California Coastal Act and may be conditioned accordingly. These conditions may include provisions for public access (such as an offers to dedicate, easements, in-lieu fees, etc) and/or a requirement
    that a deed restriction be placed on the property assuming liability for damages incurred from storm waves.
  6. In exercising this permit, the applicant agrees to hold the California Coastal Commission harmless from any liabilities for damage to public or private properties or personal injury that may result from the project.
  7. This permit does not obviate the need to obtain necessary authorizations and/or permits from other agencies, including but not limited to the California Dept. of Fish & Game, U.S. Fish & Wildlife, U.S. Army Corps of Engineers, Monterey Bay National Marine Sanctuary, and the California State Lands Commission.
  8. Prior to commencement of construction applicant shall secure authorization from the City of Pacifica to use the proposed City stockpile and beach access property.
  9. Public access to and along the shoreline in the project area shall be permitted and provided to the maximum extent feasible, consistent with public safety.
  10. The beach, city property and all other areas used for construction shall be kept free from
    any debris or trash not needed for construction. Daily debris haul shall be implemented.
  11. Construction equipment must be staged at the bluff above the access point. No construction equipment or materials shall be stored on the beach.
  12. If, at any time while the work authorized by this Emergency Permit is occurring, any marine mammals are located on or seaward of the subject properties, work must immediately stop and the Property Owner must immediately call the Marine Mammal Center in Sausalito, CA or the National Marine Fisheries Service to report that a marine mammal is located on the beach. Work must not commence until either the animal is removed by the Marine Mammal Center or the National Marine Fisheries Service, or until the animal returns to the ocean on its own without any harassment.
  13. Within seven days from completion of the work authorized by the Emergency Permit, the property owner shall submit photographic evidence of compliance with the Emergency Permit.
  14. Construction activities and equipment shall avoid Pacific Ocean waters and minimize beach disturbance to the maximum extent feasible by project design and implementation including, but not limited to, limiting construction to the lowest possible tides. No construction equipment, materials, or debris shall be placed where they may be subject to ocean waters or dispersion.
  15. All construction activities that result in discharge of materials, polluted runoff, or wastes to the beach and/or the adjacent marine environment are prohibited. The Permittee shall collect, contain, and properly dispose of all construction leaks, drips, by-products, and any similar contaminants through the use of containment structures or equivalent as necessary (including through the use of collection devices and absorbent materials placed below any above-ground work where such contaminants are possible and/or expected). Equipment washing, refueling, and/or servicing shall not take place on the beach.
  16. All beach areas and all beach access points impacted by construction activities shall be restored to their pre-construction condition or better within three days of completion of construction. Any beach sand impacted shall be filtered as necessary to remove all construction debris from the beach.
  17. Construction Site Documents. A copy of the signed emergency coastal development permit shall be maintained in a conspicuous location at the staging area site at all times, and such copy shall be available for public review on request. All persons involved with the construction shall be briefed on the content and meaning of the emergency coastal development permit, including all of its terms and conditions, prior to commencement of construction.
  18. Containment Requirements. Particular care shall be exercised to prevent foreign materials (e.g., construction scraps, outfall discharge, other chemicals, etc.) from entering Pacific Ocean waters. A floating containment boom shall be placed around all active portions of a construction site where any floatable debris could enter the water. Contractors shall insure that work crews are carefully briefed on the importance of
    observing the appropriate precautions and reporting any accidental spills. Construction contracts shall contain appropriate penalty provisions, sufficient to offset the cost of retrieving or clean up of foreign materials not properly contained.
  19. The construction site and staging area shall maintain good construction housekeeping (e.g., clean up all leaks, drips, and other spills immediately; keep materials covered and out of the rain); dispose of all wastes properly, place trash receptacles on site for that purpose, and cover open trash receptacles during wet weather; remove all construction debris from the beach.
  20. Within 30 days of completion of the construction authorized by this emergency permit, the permittee shall submit site plans and cross sections prepared by a certified civil engineer or engineering geologist clearly identifying the work completed under the emergency authorization and a narrative description of all emergency construction activities undertaken pursuant to this emergency authorization.
  21. Failure to comply with the conditions of this approval may result in enforcement action under the provisions of Chapter 9 of the Coastal Act.

3 Responses to April 2009 Coastal Commission Permit Approval for Rip Rap

  1. Pingback: Evacuation underway at 330 Esplanade « Adequate Bird

  2. Pingback: Crews begin process of pasting concrete wall over cliff of Pacifica apartments « Adequate Bird

  3. Pingback: Esplanade Update – Sunday February 7, 2010 « Adequate Bird

Leave a Reply

Please use your real name instead of your company name or keyword spam.