Im
plementation of mitigation measures MM-AQ-1 through MM-AQ-6 would reduce the proposed project’s contribution to cumulative air quality impacts during construction (Impact-C-AQ-2) to a level considered less than cumulatively considerable by implementing measures and practices that reduce emissions and limit the overlap of activities associated with separate projects and project components.
5.1.3 Impact-C-AQ-3: Emissions in Excess of Criteria Pollutant Thresholds During Proposed Project Operations (GB Capital Component, City Program – Development Component, and Balanced Plan)
Potentially Significant Impact: The EIR identifies a potentially significant cumulative impact on air quality and health risk (Impact -C-AQ-3) in that unmitigated pr oject emissions during operation would exceed the applicable significance thresholds. Detailed information and analysis regarding this potentially significant cumulative impact are provided in Volume 2 ( Final EIR), Chapter 5, Cumulative Impacts (Air Quality and Health Risk).
Finding: Pursuant to State CEQA Guidelines §15091(a)(1), changes or alterations have been required or incorporated in the approved project that avoid or substantially lessen the significant environmental effect on air quali ty and health risk (Impact-C-AQ-3) as identified in the EIR.
Facts in Support of Finding: The potentially significant cumulative impact of the proposed project on air quality and health risk (Impact -C-AQ-3) is analyzed in Volume 2 (Final EIR), Chapter 5, Cumulative Impacts (Air Quality and Health Risk).
Potential Impact-C-AQ-3 will result because unmitigated project emissions during operation of the GB Capital Component, City Program – Development Component, and Balanced Plan would exceed applicable significance thresholds that have been set to attain the NAAQS and CAAQS.
Potential Impact -C-AQ-3 will be reduced to below a level of significance by mitigation measure MM -AQ-7: Restrict Installation of Fireplaces and Firepits in New Construction (City Program, GB Capital Component [Phase 1 and Phase 2], and Balanced Plan) . This mitigation measure is set forth in full in Section 4.2.3 above and in the MMRP and Table 2-3 in the Executive Summary of the Final EIR.
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M-AQ-7 would restrict the use of wood-burning fireplaces and firepits at the City Program – Development Component, the GB Capital Component, and the Balanced Plan. With implementation of mitigation measure MM-AQ-7, Impact-C- AQ-3 would be less than cumulat ively considerable because it would reduce operational-related VOC and PM10 emissions to a level below the threshold.
5.1.4 Impact -C-AQ-4: Emissions t hat C ontribute t o Health Effects During Proposed Project Construction (All Project Components)
Potentially Significant Impact: The EIR identifies a potentially significant cumulative impact on air quality and health risk (Impact -C-AQ-4) from project - related emissions during construction exceeding applicable significance
thresholds for VOC, PM10, PM2.5, NO X, and CO that have been set to protect public health. Detailed information and analysis regarding this potentially significant cumulative impact are provided in Volume 2 ( Final EIR), Chapter 5, Cumulative Impacts (Air Quality and Health Risk).
Finding: Pursuant to State CEQA Guidelines §15091(a)(1), changes or alterations have been required or incorporated in the approved project that av oid or substantially lessen the significant environmental effect on air quality and health risk (Impact-C-AQ-4) as identified in the EIR.
Facts in Support of Finding: The potentially significant cumulative impact of the proposed project on air quality and health risk (Impact -C-AQ-4) is analyzed in Volume 2 (Final EIR), Chapter 5, Cumulative Impacts (Air Quality and Health Risk).
Potential Impact -C-A
Q-4 will result from unmitigated project emissions during construction exceeding applicable significance thresholds that have been set to attain the NAAQS and CAAQS, the purpose of which is to provide for the protection of public health.
Potential Impact-C-AQ-4 would be reduce d to below a level of significance by implementation of mitigation measures MM-AQ-2 : Implement Diesel Emission - Reduction Measures During Construction (All Project Components), MM -AQ-3:
Implement Fugitive Dust Control During Construction (All Project Compo nents), MM-AQ-4: Use Low-VOC Interior and Exterior Coatings During Construction (GB Capital Component and City Program – Development Component), MM -AQ-5:
Use Modern Harbor Craft During Construction Activities (GB Capital Component), and MM-AQ-6: Stagger Overlapping Construction Phases and Components (All Project Components). These mitigation measures are set forth in full in Section
4.2.4 above and in the MMRP and Table 2-3 in the Executive Summary of the Final EIR.
MM-AQ-2 through MM-AQ-6 would reduce emissions during construction to below thresholds that were adopted for the purpose of protecting human health.
Therefore, with implementation of mitigation measures MM-AQ-2 through MM-AQ- 6, Impact-C-AQ-4 would be less than cumulatively considerable.
5.2 Greenhouse G as Emissions and Climate Change
5.2.1 Impact -C-GHG-1: Inconsistency with t he District an d C ity Climate Action Plans’ Numerical Targets
Potentially Significant Impact: The EIR identifies a potentially significant cumulative impact on GHG emissions and climate change (Impact-C-GHG-1) in that the proposed project would not meet the numerical efficiency targets in the District and City CAPs. Detailed information and analysis regarding this potentially significant cumulative impact are provided in Volume 2 ( Final EIR), Chapter 5, Cumulative Impacts (Greenhouse Gas Emissions and Climate Change).
Finding: Pursuant to State CEQA Guidelines §15091(a)(1), changes or alterations have been required or incorporated in the approved project that avoid or
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ubstantially lessen the significant environmental effect on GHG emissions and climate change (Impact-C-GHG-1) as identified in the EIR. However, it cannot be stated with certainty that such measures would reduce the significant effects to a level below significance and a Statement of Overriding Considerations pursuant to State CEQA Guidelines §15093 is required.
Facts in Support of Finding: The potentially significant cumulative impact of the proposed project on GHG emissions and climate change (Impact-C-GHG-1) is analyzed in Volume 2 (Final EIR), Chapter 5, Cumulative Impacts (Greenhouse Gas Emissions and Climate Change ). Potential Impact -C-GHG-1 will result because the proposed project’s combined construction and operation emissions would exceed the numerical efficiency target for both 2025 and 2050 set forth in the District and City CAPs.
The potentially significant cumulative impact on GHG emissions and climate change (Impact-C-GHG-1) will be reduced by mitigation measures MM-GHG-1:
Implement Diesel Emission-Reduction Measures During Project Construction and Operation, MM-GHG-2: Comply with District CAP Measures, MM-GHG-3: Comply with the Applicable City CAP Measures, MM-GHG-4: Use Modern Harbor Craft for Waterside Construction Activities, MM -GHG-5: Implement Electric Heating and Zero-Net-Energy Buildings, MM-GHG-6: Implement a Renewable Energy Project Onsite, or Other Verifiable Actions or Activities on Tidelands or Within Another Adjacent Member City, or Purchase the Equivalent GHG Offsets from a CARB – Approved Registry or a Locally Approved Equivalent Program, and MM -GHG-7:
Implement a Renewable Energy Project On Site, or Other Verifiable Actions or Activities Within National City or Within an Adjacent Community, or Purchase the Equivalent GHG Offsets from a CARB –Approved Registry or a Locally Approved Equivalent Program. These mitigation measures are set forth in full in the MMRP and Table 2-3 in the Executive Summary of the Final EIR, and are described above in Section 4.6.1.
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mplementation of MM-GHG-1 through MM-GHG-7 would result in project-related GHG emissions below the numerical effic iency targets. However, because it cannot be stated with certainty that the project would result in emissions that would represent a fair share of the requisite reductions toward the statewide carbon neutrality goal, impacts would be cumulatively considerable after mitigation and a Statement of Overriding Considerations pursuant to State CEQA Guidelines §15091 is required.
5.2.2 Impact-C-GHG-2: Inconsistency with District Climate Action Plan and Only Partial Consistency with Statewide Greenhouse Gas Reduction Plans, Policies, and Regulatory Programs
Potentially Significant Impact: The EIR identifies a potentially significant cumulative impact on GHG emissions and climate change (Impact-C-GHG-2) in that the proposed project would only partially com ply with plans, polic ies, and regulatory programs outlined in applicable District CAP measures and applicable state reduction goals and plans, policies, or regulations for the purpose of reducing
G
HG emis sions. Detailed information and analysis regarding this potentially significant cumulative impact are provided in Volume 2 ( Final EIR), Chapter 5, Cumulative Impacts (Greenhouse Gas Emissions and Climate Change).
Finding: Pursuant to State CEQA Guidelines §15091(a)(1), changes or alterations have been required or incorporated in the approved project that avoid or substantially lessen the significant environmental effect on GHG emissions and climate change (Impact-C-GHG-2) as identified in the EIR.
Facts in Support of Finding: The potentially significant cumulative impact of the proposed project on GHG emissions and climate change (Impact -C-GHG-2) is analyzed in Volume 2 ( Final EIR), Chapter 5, Cumulative Impacts (Greenhouse Gas Emissions and Clima te Change). Potential Impact -C-GHG-2 will result because the proposed project would only partially comply with plans, policies, and regulatory programs outlined in applicable District CAP measures and applicable state reduction goals and plans, policies, or regulations.
The potentially significant cumulative impact on GHG emissions and climate change (Impact-C-GHG-2) will be reduced by mitigation measures MM- GHG-1:
Implement Diesel Emission-Reduction Measures During Project Construction and Operation, MM -GHG-2: Comply with District CAP Measures, MM -GHG-4: Use Modern Harbor Craft for Waterside Construction Activities, MM-GHG-5: Implement Electric Heating and Zero- Net-Energy Buildings, and MM-GHG-6: Implement a Renewable Energy Project Onsite, or Other Verifi able Actions or Activities on Tidelands or Within Another Adjacent Member City, or Purchase the Equivalent GHG Offsets from a CARB –Approved Registry or a Locally Approved Equivalent Program. These mitigation measures are set forth in full in the MMRP and T able 2-3 in the Executive Summary of the Final EIR, and are described above in Section
4.6.2. MM
-GHG-1, MM- GHG-2, and MM -GHG-4 through MM -GHG-6 would ensure consistency with plans, policies, and regulatory programs that are outlined in local and statewide plans, policies, and regulations that have been adopted for the purpose of reducing the emissions of GHGs, including the District’s CAP .
Therefore, with implementation of mitigation measures MM- GHG-1, MM-GHG-2, and MM -GHG-4 through MM -GHG-6, Impact-C-GHG-2 would be less than cumulatively considerable.
5.2.3 Impact-C-GHG-3: Inconsistency with the City’s Climate Action Plan and Only Partial Consistency with Statewide Greenhouse Gas Reduction Plans, Policies, and Regulatory Programs
Potentially Significant Impact: The EIR identifies a potentially significant cumulative impact on GHG emissions and climate c hange (Impact-C-GHG-3) in that the proposed projec t would only partially comply with plans, polic ies, and regulatory programs outlined in applicable City CAP measures and applicable state reduction goals and plans, policies, or regulations for the purpose of reducing GHG emissions. Detailed information and analysis regarding this potentially
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ignificant cumulative impact are provided in Volume 2 ( Final EIR), Chapter 5, Cumulative Impacts (Greenhouse Gas Emissions and Climate Change).
Finding: Pursuant to State CEQA Guidelines §15091(a)(1), changes or alterations have been required or incorporated in the approved project that avoid or substantially lessen the significant environmental effect on GHG emissions and climate change (Impact-C-GHG-3) as identified in the EIR.
Facts in Support of Finding: The potentially significant cumulative impact of the proposed project on GHG emissions and climate change (Impact -C-GHG-3) is analyzed in Volume 2 ( Final EIR), Chapter 5, Cumulative Impacts (Greenhouse Gas Emissions and Climate Change). Potential Impact -C-GHG-3 will result because the proposed project would only partially comply with plans, policies, and regulatory programs outlined in applicable City CAP measures and applicable state reduction goals and plans, policies, or regulations.
The potentially significant cumulative impact on GHG emissions and climate change (Impact-C-GHG-3) will be reduced by mitigation measures MM- GHG-3:
Comply with the Applicable City CAP Measures , and MM-GHG-7: Implement a Renewable Energy Project On Site, or Other Verifiable Actions or Activities Within National City or Within an Adjacent Community, or Purchase the Equivalent GHG Offsets from a CARB –Approved Registry or a Locally Approved Equivalent Program. These mitigation measures are set forth in full in the MMRP and Table 2-3 in the Executive Summary of the Final EIR, and are described above in Section
4.6.3. MM
-GHG-3 and MM-GHG-7 would ensure consistency with plans, policies, and regulatory programs that are outlined in local and statewide plans, policies, and regulations that have been adopted for the purpose of reducing the emissions of GHGs, including the City’s CAP. Therefore, with implementation of mitigation measures MM -GHG-3 and MM-GHG-7, Impact-C-GHG-3 would be less than cumulatively considerable.
5.3 Noise and Vibration
5.3.1 Impact-C-NOI-1: Exceedance of the City’s General Plan Noise Exposure Standards Due to Traffic Noise at Onsite Visitor Accommodations (City Program – Development Component)
Potentially Significant Impact: The EIR identifies a potentially significant cumulative impact on noise and vibration (Impact-C-NOI-1) in that traffic noise exposure could exceed 65 dB CNEL at the proposed hotel at the City Program – Development Component site due to traffic on Cleveland Avenue and Bay Marina Drive. Detailed information and analysis regarding this potentially significant cumulative impact are provided in Volume 2 (Final EIR), Chapter 5, Cumulative Impacts (Noise and Vibration).
Finding: Pursuant to State CEQA Guidelines §15091(a)(1), changes or alterations have been required or incorporated in the approved project that avoid or
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tantially lessen the significant environmental effect on noise and vibration (Impact-C-NOI-1) as identified in the EIR.
Facts in Support of Finding: The potentially significant cumulative impact of the proposed project on noise and vibration (Impact -C-NOI-1) is analyzed in Volume 2 ( Final EIR), Chapter 5, Cumulative Impacts ( Noise and Vibration). Potential Impact-C-NOI-1 will result because t raffic noise exposure could exceed 65 dB CNEL at the proposed hotel at the City Program – Development Component site due to traffic on Cleveland Avenue and Bay Marina Drive.
The potentially significant cumulative impact on noise and vibration (Impact-C- NOI-1) will be reduced to below a level of significance by mitigation measure MM- NOI-4: Design and Constr uct the Proposed Hotel at the City Program – Development Component Site to Achieve an Interior Noise Level of 45 dB CNEL or Less at Noise-Sensitive Occupied Spaces. This mitigation measure is set forth in full in Section 4.9.2 above and in the MMRP and Tab le 2-3 in the Executive Summary of the Final EIR.
Implementation of mitigation measure MM-NOI-4 would reduce the project’s contribution to cumulative traffic noise impacts ( Impact-C-NOI-1) to less -than- significant levels because it would ensure that development at the City Program – Development Component site would be designed and constructed to control exterior-to-interior noise that could affect sensitive occupied spaces.
5.3.2 Impact-C-NOI-2: Exceedance of the City’s General Plan Noise Exposure Standards Due to Rail Noise at Onsite Visitor
Accommodations (GB Capital Component, Pasha Rail Improvement Component)
Potentially Significant Impact: The EIR identifies a potentially significant cumulative impact on noise and vibration (Impact -C-NOI-2) in that r ail noise exposure could exceed 65 dB CNEL at the proposed hotels and RV resort at the GB Capital Component site due to operations at the proposed Pasha Rail Improvement Component and existing NCMT rail operations. Detailed information and analysis regarding this potentially significant cumulative impact are provided in Volume 2 (Final EIR), Chapter 5, Cumulative Impacts (Noise and Vibration).
Finding: Pursuant to State CEQA Guidelines §15091(a)(1), changes or alterations have been required or incorporated in the approved project that avoid or substantially lessen the significant environmental effect on noise and vibration (Impact-C-NOI-2) as identified in the EIR.
Facts in Support of Finding: The potentially significant cumulative impact of the proposed project on noise and vibration (Impact -C-NOI-2) is analyzed in Volume 2 ( Final EIR), Chapter 5, Cumulative Impacts ( Noise and Vibration). Potential Impact-C-NOI-2 will result because rail noise exposure could exceed 65 dB CNEL at the proposed hotels and RV resort at the GB Capital Component site due to operations at the proposed Pasha Rail Improvement Component and existing NCMT rail operations.
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he potentially significant cumulative impact on noise and vibration (Impact -C- NOI-2) will be reduced to below a level of significance by mitigation measures MM- NOI-5: Reduce Rail Noise Levels at the Proposed GB Capital RV Sites to 65 dB CNEL or Less, and MM-NOI-6: Design and Construct the Hotels at the GB Capital Component to Achieve an Interior Noise level of 45 dB CNEL or Less at Noise- Sensitive Occupied Spaces. These mitigation measures are set forth in full in Section 4.9.3 above and in the MMRP and Table 2-3 in the Executive Summary of the Final EIR.
Mitigation measure MM-NOI-5 would require a noise barrier or the dry boat storage (proposed by GB Capital) to be enclosed and made from solid material to reduce the rail noise exposure at the proposed GB Capital Component RV sites to 65 dB CNEL or less for compliance with the City’s exterior noise compatibility guidelines, as specified in the National City General Plan Noise Element. Mitigation measure MM-NOI-6 would ensure GB Capital Component hotels would be designed and constructed so as to control exterior -to-interior noise that could affect sensitive occupied spaces. Therefore, implementation of mitigation measures MM -NOI-5 and MM -NOI-6 would reduce the project’s contribution to cumulative rail noise impacts ( Impact-C-NOI-2) to less -than-significant levels because interior noise levels would be in compliance with the interior noise standards specified in the National City General Plan Noise Element.
5.4 Transportation, Circulation, and Parking
5.4.1 Impact-C-TRA-1: Generate Cumulatively Considerable Vehicles Miles Traveled in Exceedance of Employment-Based Thresholds During Project Operations
Potentially Significant Impact: The EIR identifies a potentially significant cumulative impact on transportation, circulation, and parking (Impact -C-TRA-1) associated with VMT exceeding employment-based thresholds during project operations. Detailed information and analysis regarding this potentially significant cumulative impact are provided in Volume 2 ( Final EIR), Chapter 5, Cumulative Impacts (Transportation, Circulation, and Parking).
Finding: Pursuant to State CEQA Guidelines §15091(a)(1), changes or alterations have been required or incorporated in the approved project that avoid or substantially lessen the significant environmental effects on transportation, circulation, and parking (Impact -C-TRA-1) as identified in the EIR. However, the changes or alterations required will not reduce the significant effects (Impact -C- TRA-1) below a level of significance and a Statement of Overriding Considerations pursuant to State CEQA Guidelines §15093 is required.
Facts in Support of Finding: The potentially significant cumulative impact of the proposed project on transportation, circulation, and parking (Impact-C-TRA-1) is analyzed in Volume 2 (Final EIR), Chapter 5, Cumulative Impacts (Transportation, Circulation, and Parking) . Potential Impact -C-TRA-1 would result because employment associated with operation of the propos ed project would not reduce
VMT to 15% below the 2050 regional average. Therefore, employment uses associated with the proposed project (GB Capital Component, City Program – Development Component) would have a significant VMT impact.
The potentially significant impact on transportation, circulation, and parking (Impact-C-TRA-1) would be reduced by miti gation measure MM -TRA-1:
Implement TDM and VMT Reduction Measures. This mitigation measure is set forth in full in Section 4.10.1 above and in the MMRP and Table 2- 3 in the Executive Summary of the Final EIR.
Mitigation measure MM -TRA-1 would reduce Impact -C-TRA-1 by requiring implementation of TDM and VMT reduction measures from the SANDAG Mobility Management Toolbox’ s VMT Reduction Calculator Tool, which would reduce employment-based VMT generated during project operations. However, despite implementation of the measures, employment -based VMT generated by the proposed project would not be below the applicable threshold. Therefore, Impact- C-TRA-1 would be cumulatively considerable and unavoidable after mitigation and a Statement of Overriding Considerations pursuant to State CEQA Guidelines §15091 is required.
6.0 FINDINGS RE GARDING PROJECT ALTERNATIVES
CEQA requires an EIR to evaluate feasible mitigation measures and alternatives which would avoid or substantially lessen any of the significant environmental impacts of the proposed project. In preparing and adopting findings pursuant to Public Resources Code § 21081 and State CEQA Guidelines § 15091, a lead agency need not necessarily address the feasibility of both mitigation measures and environmentally superior alternatives when contemplating the approval of a project with significant environmental impacts. Where the significant impacts can be mitigated to a level below significance solely by the adoption of mitigation measures, the lead agency has no obligation in its findings to consider the feasibility of alternatives, even if their impacts would be less severe than those of the project as mitigated. Accordingly, in adopting the findings concerning alternatives for the project, the District considers only those significant environmental impacts of the project that cannot be avoided or substantially lessened through mitigation.
Where a project will result in some unavoidable significant environmental impacts even after the incorporation of all feasible mitigation measures identified in an EIR, the lead agency must consider the feasibility of alternatives to the project which could avoid or substantially lessen the unavoidable significant environmental impacts. “Feasible” means capable of being accomplished in a successful manner within a reasonable time, taking into account economic, environmental, legal, social and technological factors. (Pub. Res. Code § 21061. 1; State CEQA Guidelines § 15364.) The concept of “feasibility” also encompasses the ability of an alternative to accomplish the objectives of a project and the desirability of an alternative from a policy standpoint, to the extent that desirability is based on a r
easonable balancing of the relevant econom ic, environmental, soc ial and
t
echnological factors.
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hile an EIR evaluates whether alternatives are potentially feasible, the lead agency’s decision-making body considers in its findings whether the alternati ves are actually feasible. A lead agency may not approve a project if there are feasible alternatives which would avoid or substantially lessen any unmitigated significant impacts. If there are no feasible alternatives, the lead agency may approve a project if it determines that the benefits of the project outweigh its unavoidable environmental risks and the lead agency adopts a Statement of Overriding Considerations. (State CEQA Guidelines § 15093.)
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he Final EIR concluded that the p roject may result in the following unavoidable significant impacts which would not be mitigated to a level below significance even after the incorporation of all feasible mitigation measures:
• Direct/project impacts on GHG emissions and climate change; noise and vibration; and transportation, circulation, and parking; and • Cumulative impacts on GHG emissions and climate change; and transportation, circulation, and parking.
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he Final EIR also examined a range of reasonable alternatives to determine whether they could meet the project objectives while avoiding or substantially lessening one or more of the proposed project’s significant impacts. The EIR analyzed four alternatives to the proposed project: (1) the No Project Alternative, (2) the No Waterside Development in Sweetwater Channel Alternative, (3) GB Capital Component Phase 1 Only Alternative, and (4) Reduced Development Intensity Alternative . Detailed information and analysis concerning these alternatives are set forth in Volume 2 ( Final EIR), Chapter 7, Alternatives to the Proposed Project.
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n considering the feasibility of the alternatives evaluated in the EIR , the District examined the project objectives and weighed the ability of each alternative to meet these objectives. The objectives of the project are set forth in Volume 2 (Final EIR), Section 3.3, Project Objectives as follows:2
1. F
urther activate the project site by modifying the land uses and their configurations to foster the development of high- quality commercial and recreational uses to maximize employment opportunities, maximize recreational opportunities for visitors, maximize economic development opportunities, and improve cargo and transportation efficiencies of maritime industrial uses associated with operations at NCMT.
2. R
econfigure maritime and commercial uses to balance the anticipated 2 Objective 9, ex pand aquaculture potential on District t idelands, was removed because GB C apital withdrew its request for aquaculture from the proposed project.
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uture market demands for those uses, while also increasing public access on the project site.
3. I
mplement cohesive commercial development that is designed to enhance enjoyment of the National City Marina District and surrounding city area, contribute to the area’s economic vitality, and generate economic revenue for the City including through increased Transient Occupancy Tax.
4. I
ncrease park space and recreational opportunities to enhance the waterfront experience for all visitors and maximize opportunities to attract tourism to the city.
5. R
educe unnecessary train movements and reduce the required effort associated with building daily trains by improving near -terminal rail storage capacity and creating a more direct connection between the BNSF Railway National City Yard and the NCMT.
6. O
ffset the loss of existing land used for maritime operations, as proposed in the Balanced Plan, by closing internal District streets (i.e., Tidelands Avenue and West 28th Street) adjacent to existing maritime operations to create contiguous space for maritime operations and configuring cargo operations at and adjacent to the NCMT to create cargo- handling efficiencies to reduce cargo movements.
7. I
ncorporate District properties into the PMP that are not currently regulated by the PMP to ensure consistency with the California Coastal Act, Public Trust Doctrine, and Port Act.
8. B
e consistent with the City’s environmental policies and the District’s Climate Action Plan, Clean Air Program, and Jurisdictional Runoff Management Program to ensure that the proposed project does not adversely affect the District’s or City’s ability to attain their respective long -range environmental and sustainability goals.
10 . Incorporate a land use pattern for the National City Marina District into the PMP that establishes habitat buffers and implements operational features to avoid land use and operational inconsistencies between commercial, recreational, open space, and maritime uses.
11 . Integrate National City art, culture, and history into the development of the proposed project.
12 . Increase the connectivity of the project area to the surrounding area and facilitate increased pedestrian activity and enjoyment of San Diego Bay for visitors.
The findings below des cribe the alternatives examined in Volume 2, Chapter 7 o f
the EIR, discuss their ability to avoid or substantially lessen any of the unavoidable significant impacts of the project, and determine whether they are feasible. Based on the substantial evidence contained in the record of these proceedings, the District hereby finds that the alternatives analyzed in the EIR which would avoid or substantially lessen any of the unavoidable significant impacts of the p roject are infeasible for the reasons set forth below.
6.1 Alternative 1 – No Project Alternative
The No Project Alternative is required by CEQA ( State CEQA Guidelines §15126(d)(2)) to discuss and analyze potential impacts that would occur if the project was not implemented. The No Project Alternative serves as the alternative to compare the effects of the proposed project and other project alternatives on the existing conditions.
Under the No Project Alternative, the site would operate in its current state, and the land use redesignations associated with the Balanced Plan would not occur .
Tidelands Avenue between Bay Marina Drive on the north and 32nd Street on the south and West 28th Street between Quay Avenue and Tidelands Avenue would still function as roadways, and no Pasha rail improvements would occur. The existing Pier 32 Marina would not be expanded to include overnight accommodations, moorings, floating docks, and piers. The alternate Segment 5 of the Bayshore Bikeway would not be developed, and the existing Segment 5 on Tidelands Avenue and 32nd Street would remain in place. Pepper Park would not be expanded. In addition, the following would not be built: recreational vehicle (RV)
resort, dry boat storage, and modular cabins; two -story building with restrooms, laundry facilities, and staff support services; maintenance building and yard; public access corridors; view corridors; or hotels (up to four). In addition, the City Program – Plan Amendments Component —which includes amendments to the City’s General Plan, LCP, Harbor District Specific Area Plan, and Land Use Code for seven parcels north of Bay Marina Drive and development of a five-story hotel with retail and restaurant space —would not be implemented and future developm ent would not occur.
The potential impacts of the No Project Alternative are discussed in detail in Volume 2 (Final EIR), Chapter 7, Alternatives to the Proposed Project (Section
7.5.1). Because the proposed project would not be implemented, the No Project Alternative would avoid or substantially reduce the unavoidable significant impacts related to GHG emissions and climate change; noise and vibration; and traffic, circulation, and parking.
However, the No P roject Alternative is not a feasible alternative as defined by CEQA because it would not meet any of the project objectives , which include further activating the project site by modifying the land use and their configurations to foster the development of high- quality commerci al and recreational uses , m
aximizing employment, recreational, and economic development opportunities, and improvi ng cargo and transportation efficiencies of maritime industrial uses associated with operations at NCMT.
The District finds that the No Pr oject Alternative would not achieve any of the project’s objectives and would preclude obtaining the benefits of the project.
The District finds that all potential significant environmental im pacts of the project will be mitigated by the design of the project and the adoption of the mitigation measures set forth in the Mitigation Monitoring and Reporting Program, except the Project’s significant impacts on GHG emissions and climate change, noise and vibration, and traffic, circulation, and parking. The District further finds that, although the No Project A lternative would avoid or substantially lessen these significant potential impacts, the No Project alternative is infeasible because it would not attain any of the pr oject objectives and would not provide the District and the region with any of the benefits of the project described in the Statement of Overriding Consider ations, and thus would be undesirable from a policy standpoint. For the potential significant impac ts which cannot be avoided or mitigated to a lev el below significance, therefor e, the District adopts the Statement of Overriding Considerations below pursuant to CEQA Guidelines §15093.
6.2 Alternative 2 – No Waterside Development in Sweetwater Channel Alternative
Alternative 2 would include the land use redesignations associated with the Balanced Plan; most of the GB Capital Component, including c onstruction and operation of an RV park, m odular cabins, dry boat storage, and up to four hotels; the Pasha Rail Impr ovement Component, including construction and operation of a rail connector track and storage track; the Pas ha Road Closures Component; the Bayshore Bikeway Com ponent, including development of Segment 5 of the Bayshore Bikeway; and the City Program – Development Component, including construction and operation of hotel, restaurant, r etail, and/or a combination of tourist-/visitor-serving commercial development north of Bay Marina Drive. However, under Alternative 2, the Pier 32 Marina would not be expanded into Sweetwater Channel, which would avoid potential impac ts on eelgrass, an essential fish habitat. A lternative 2 would include the proposed water side Pier 32 Marina improvements of constructing an approximately 580-f oot-long and 8-f oot-wide dock with two 80- foot-long and 5-foot-wide gangways within the existing Pier 32 Marina basin north of the jetty.
The potential impacts of the No Waterside Development in Sweetwater Channel Alternative are discussed in detail in Volume 2 (Final EIR), Chapter 7, Alternatives to the Proposed Project (Section 7.5.2) . This alternative would s lightly reduce impacts associated with biological resources (i.e., avoiding removal of eelgrass and reducing pile-d riving noise impacts on wildlife) compared to the projec t because of the elimination of construction activities within Sweetwater Channel. All other impacts under this alternative would be similar to those of the proposed project. As a result, this alternative would not avoid or substantially lessen the unavoidable significant impacts of the project related to GHG emissions and climate change, noise and v ibration, and transportation, circulation and parking.
The No Waterside Development in Sweetwater Channel Alternative would also not meet the project objectives assoc iated with the development and operation of the
pr
oject. Alternative 2 would meet Objectives #1, 5, 6, 7, 10, and 11 by modifying the land uses and their configurations to further activate the project area.
Alternative 2 would only meet a portion of Objectives #2, 3, 4, 8 and 12 by reconfiguring maritime and commercial uses while increasing public access in the project area to eliminate impediments, such as existing roads and non-contiguous land use configurations; fostering the development of high- quality commercial uses and increasing park space and recreational opportunities; and ensuring consistency with the Jurisdictional Runoff Management Program.
The District finds that all potential significant environmental impacts of the project will be mitigated by the design of the project and the adoption of the mitigation measures set forth in the Mitigation Monitoring and Reporting Program, except the project’s significant impacts on GHG emissions and climate change, noise and vibration, and traffic, circulation, and parking. The District further finds that the No Waterside Development in Sweetwater Channel Alternative is not a feasible alternative as defined by CEQA because it would not avoid or substantially lessen the project’s potential unavoidable significant impacts related to GHG emissions and climate change, noise and vibration, and transportation, circulation and parking. The District further finds that this alternative is not a feasible alternative because it would partially meet Objectives # 2, 3, 4, 8, and 12, but not to the same extent as the project because it would not provide as much recreational and visitor- serving opportunities, public access an d meet market demand. This alternative also would not provide the District and the region with all of the benefits of the project described above and in the Statement of Overriding Considerations to the same extent as the project and thus would be undesirable from a policy standpoint.
For the potential significant impacts which cannot be avoided or mitigated to a level below significance, therefore, the District adopts the Statement of Overriding Considerations below pursuant to CEQA Guidelines §15093.
6.3 Alternative 3 – GB Capital Component Phase 1 Only Alternative Alternative 3 would include the land use redesignations assoc iated with the Balanced Plan; the Pasha Rail Improvement Component, including c onstruction and operation of a rail connector track and storage track; the Pasha Road Closures Component; the Bayshore B ikeway Component, including development of Segment 5 of the Bayshore Bikeway; and the City Program – Development Component, including construction and operation of hotel, restaurant, retail, and/or a combination of tour ist-/visitor-serving commercial development north of Bay Marina Drive. However, only P hase 1 of the GB Capital Com ponent would be included. Phase 2 of the GB Capital Component would be eliminated.
Consequently, construction and operation of the following elements would not occur: an up-to-three-story hotel with as many as 40 rooms generally on Parcel B1 of the Balanced Plan; an up-to-four-story building, including approximately 16,500 square feet of retail space and a hotel with up to 60 rooms on Parcel B6 of the Balanced Plan; an up-t o-11-story hotel with up to 282 rooms on Parcel B3 of the
B
alanced Plan; and an up- to-four-story hotel with up to 81 rooms on Parcel B3 of the Balanced Plan.
The potential impacts of the GB Capital Component Phase 1 Only Alternative are discussed in detail in Volume 2 (Final EIR), Chapter 7, Alternatives to the Proposed Project (Section 7.5.3). This alternative would slightly reduce impacts associated with GHG emissions compared to the project because of the elimination of the development of up to four hotels. Although activities that have the potential to generate significant GHG emissions would be reduced, all other project components would be constructed and operated, would not meet the numerical efficiency targets in 2025 or 2050, and would only partially comply with plans, policies, and regulatory programs outlined in applicable District and City CAP measures and applicable state reduction goals and plans, policies, or regulations. Overall, under Alternative 3, impacts related to GHG emissions and climate change would be reduced compared to those of the project, but would still remain significant.
A
lternative 3 would also reduce noise and vibration impacts associated with construction of four hotels, including the pile driving that would be required to support those buildings. Alternative 3 would eliminate the significant onsite rail noise impacts at adjacent hotel locations and would incrementally reduce traffic noise levels by reducing the number of visitors to the hotel. All other impacts under this alternative would be similar to those of the proposed project. Alternative 3 would not eliminate the remaining impacts predicted at onsite noise-sensitive receptors due to traffic, rail, and operational noise, or at offsite locations due to project mechanical equipment. The project’s significant and unavoidable impacts related to rail noise exposure at the pr oposed RV sites at the GB Capital Component, and operational noise from the proposed dry boat storage facility, would remain unchanged.
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lthough Alternative 3 would not include Phase 2 of the GB Capital Component, this alternative would include development of all waterside components of the proposed project and a majority of the landside components. As such, Alternative 3 would still generate vehicle trips and total VMT from these uses, but the amount of vehicle trips and total VMT generated would be reduced compared to the project due to the elimination of four hotels under this alternative. However, while total VMT would be reduced under this alternative, it is anticipated that Alternative 3 would still result in significant and unavoidable impacts related to VMT after mitigation because the ratio of VMT per employee and per visitor would not improve, similar to under the proposed project. Additionally, Alternative 3 would result in significant impacts associated with inadequate emergency access during construction, as well as insufficient parking during construction and insufficient parking for terminal employees during operations that could lead to a decrease in public coastal access.
Because the extent of construction would be reduced under Alternative 3, construction-related impacts on emergency access and parking supply would be slightly reduced compared to the proposed project. Similar to those of the proposed project, however, these impacts would be reduced to less-than-significant levels with mitigation identified in Section 4.13, Transportation, Circulation, and Parking.
T
he GB Capital Component Phase 1 Only Alternative would only partially meet the project objectives associated with the development and operation of the project.
Alternative 3 would meet Objectives #1, 3, 4, 5, 6, and 7 by modifying the land uses and their configurations to further activate the project area; however, activation would be reduced with the absence of up to four hotels. Alternative 3 would only meet a portion of Objectives #2, 8, 10 11, and 12 by increasing public access in the project area to eliminate impediments, such as existing roads and non- contiguous land use configurations; increasing park space and recreational opportunities; and ensuring consistency with the Jurisdictional Runoff Management Program.
The District finds that the GB Capital Component Phase 1 Only Alterative is not a feasible alternative as defined by CEQA because it would not avoid or substantially lessen the unavoidable significant impacts of the project related to GHG emissions and climate change, noise and vibration, and transportation, circulation and parking.
The District further finds that this alternative is not a feasible alternative because it would partially meet Objectives # 2, 8, 10, 11 and 12, but not to the same extent as the project because activation of the project area would be reduced by the absence of up to four hotels. This alternative also would not provide the District and the region with all of the benefits of the project described above and in the Statement of Overriding Considerations to the same extent as the project and thus would be undesirable from a policy standpoint . The District further finds that all potential significant environmental impacts of the project will be mitigated by the design of the project and the adoption of the mitigation measures set forth in the Mitigation Monitoring and Reporting Program, except the project’s significant impacts on GHG emissions and climate change, noise and vibration, and traffic, circulation, and parking. For the potential significant impacts which cannot be avoided or mit igated to a level below significance, therefore, the District adopts the Statement of Overriding Considerations below pursuant to CEQA Guidelines §15093.
6.4 Alternative 4 – Reduced Development Intensity Alternative Under Alternative 4, the overall development intensity within the GB Capital Component would be reduced by approximately 50% by reducing the number of hotel rooms. Specifically, the height of the 11- story hotel and number of rooms proposed for that hotel would be reduced to six stories and 140 rooms; the three- story, 40-room hotel would be eliminated; and that area would continue in its current use as a small grassy area and putting green for Pier 32 Marina. The reduction in the size of the features would enable the expansion of the Central Promenade extending from the existing Marina Way alignment to the viewpoint at Pier 32 from a 24-foot width to a 30-foot width. Similarly, under this alternative, the height of the five-story hotel and number of hotel rooms proposed for the City Program – Development Component would be reduced to a three-story hotel with 75 rooms.
All other project components would be the same as under the project, including the land use redesignations associated with the Balanced Plan, a portion of the GB Capital Component (i.e., construction and operation of dry boat storage), the Pasha Rail Improvement Component (i.e., construction and operation of a rail connector track and storage track), the Pasha Road Closures Component, and one route of
t
he Bayshore Bikeway Component (i.e., development of Segment 5 of the Bayshore Bikeway).
The potential impacts of the Reduced Development Intensity Alternative are discussed in detail in Volume 2 (Final EIR), Chapter 7, Alternatives to the Proposed Project (Section 7.5.4). Alternative 4 reduces the second- largest number of significant impacts and is considered the environmentally superior alternative.
Alternative 4 would reduce the height of the hotels and number of rooms proposed under the GB Capital Component and reduce the height of the five -story hotel and number of hotel rooms as part of the City Program – Development Component, which would reduce impacts related to aesthetics and visual resources, air quality and health risk, GHG emissions, noise and vibration, and transportation, circulation, and parking.
The Reduced Development Intensity Alternative would result in construction and operational sources similar to those of the project, but in lesser quantities because Alternative 4 includes reduced intensity and less development than the proposed project. Similar to under the project, however, project components would not meet the numerical efficiency targets in 2025 or 2050 and would only partially comply with plans, policies, and regulatory programs outlined in applicable District and City CAP measures and applicable state reduction goals and plans, policies, or regulations prior to mitigation identified in Volume 2 (Final EIR), Section 4.6, Greenhouse Gas Emissions and Climate Change . Therefore, although Alternative 4 would result in slightly reduced GHG impacts compared to the project, impacts would remain significant and unavoidable.
The Reduced Development Intensity Alternative would eliminate some noise and vibration associated with construction. It would also reduce the intensity and/or duration of construction at the GB Capital Component. However, these sites would be a large distance from the closest offsite noise-sensitive receptors and, therefore, Alternative 4 would not change the predicted significant construction impacts at offsite locations. The reduced intensity of visitor accommodations would incrementally reduce traffic noise levels by reducing the number of visitors to the GB Capital Component and Pier 32 Marina. However, this alternative would not eliminate the remaining impacts predicted at onsite noise-sensitive receptors due to traffic, rail, and operational noise, or at offsite locations due to project mechanical equipment. Although slightly reduced when compared to the project, overall noise and vibration impacts under Alternative 4 would remain significant and unavoidable.
The Reduced Development Intensity Alternative would result in a reduced number of hotel rooms and reduced vehicle trips and total VMT due to the decrease in overall development intensity under this alternative. However, while total VMT would be reduced under this alternative, it is anticipated that Alternative 4 would still result i n significant and unavoidable impacts related to VMT after mitigation because the ratio of VMT per employee and per visitor would not improve. Additionally, Alternative 4 would result in significant impacts associated with inadequate emergency access during construction and operation, as well as insufficient parking during construction and insufficient parking for terminal employees during operations that could lead to
a decrease in public coastal access. Because the extent of constr uction would be reduced under Alternative 4, construction-related impacts on emergency access and parking supply would be slightly reduced compared to the proposed project. S imilar to those of the proposed project, however, these im pacts would be reduced to les s- than-significant levels with mitigation m easures identified in Section 4.13, Transportation, Circulation, and Parking. Overall, Alternative 4 would have slightly reduced impacts on transpor tation, circulation, and parking when compared to the project, but impacts would remain significant and unavoidable.
The Reduced Development Intensity Alternative would only partially meet the project objectives. It would meet Objectives # 2, 4, 5, 6, 7, 10 and 11. The reduction of hotel heights and number of hotel rooms pr oposed by this alternativ e would only partially meet Objectives #1, 3, 8, and 12 by modifying land uses and their configurations to further activate the project area. This alternative would fail to meet Objective #1 by failing to maximize employment opportunities and resulting in economic impacts associated with the proposed hotel development. Objective #3 would not be met in that the economic vitality of the project and its rev enue generation, including Transient Occupancy Tax , would be substantially compromised, pos sibly jeopardizing the feas ibility of this por tion of the project. This alternative would partially meet Objective #8 by ensuring consistency with the Jurisdictional Runoff Management Program. Objective #12 would only be partially m et because the reduced number of hotel rooms would result in less fewer vis itors and less pedestrian activity and enjoyment of San Diego Bay for visitors.
The District finds that the Reduced Development Intensity Alterative is not a feasible alternative as defined by CEQA because it would not avoid or substantially lessen the unavoidable signific ant impacts of the project related to GHG emissions and climate change, noise and vibration, and transportation, circulation and parking. The District further finds that this alternative is not a feasible alternative because it would not achieve several of the fundamental objectives of the project to the same extent as the project. With the reduced number of hotel rooms, fewer economic development opportunities would occur and less tr ansient occupancy tax would be collected and Alternative 4 would only partially meet Objectives #1 and #3, respectively. It would only partially meet Objective #8 because it would only ensure consistency with the Juris dictional Runoff Management Program. Wi th fewer hotel rooms, there also would be fewer visitor-serving opportunities and enjoyment of the Bay by visitors, resulting in Alternative 4 only partially meeting Objective #12. This alternative also would not provide the Dis trict and the region with all of the benefits of the project described above and in the Statement of Overriding Considerations to the same extent as the pr oject, and thus would be undes irable from a policy standpoint. The District further finds that all potential significant envir onmental impacts of the project will be mitigated by the design of the pr oject and the adoption of the mitigation measures set forth in the M itigation Monitoring and Reporting Program, except the projec t’s significant impac ts on GHG emissions and climate change, noise and vibration, and traffic, circulation, and parking. For the potential significant impacts which cannot be avoided or mitigated to a level below
s
ignificance, therefore, the Distr ict adopts the Statement of Overriding Considerations below pursuant to CEQA Guidelines §15093.
S
TATEMENT OF OVERRIDING CONSIDERATIONS
T
he proposed project would have significant environmental impacts on the following areas after implementation of all feasible mitigation measures, which are described in detail in Volume 2 (Final EIR), Chapter 4, Environmental Impacts, and Chapter 5, Cumulative Impacts:
• Project/direct impacts on GHG emissions and climate change; noise and vibration; and transportation, circulation, and parking; and • Cumulative impacts on GHG emissions and climate change; and transportation, circulation, and parking.
The District analyzed a reasonable range of alternatives to the proposed project in Volume 2 (Final EIR), Chapter 7, Alternatives to the Proposed Project, including the No Project/No Build Alternative, the No Waterside Development in Sweetwater Channel Alternative, the GB Capital Component Phase 1 Only Alternative, and the Reduced Development Intensity Alternative. Based on the evidence contained in the EIR and presented during the administrative proceedings, the District determined that none of the alternatives is feasible because they would not avoid or substantially reduce the unavoidable significant impacts of the proposed project and would not meet all or some of the fundamental objectives to the same extent as the project .
Therefore, the Board of Port Commissioners of the District has adopted the proposed project.
Notwithstanding the unavoidable significant environmental impacts of the projects, CEQA allows the District to approve the project as proposed. Pursuant to CEQA Guidelines §§15043 and 15093, the District must adopt a Statement of Overriding Considerations in order to approve the proposed project. A Statement of Overriding Considerations allows a lead agency to consider the specific economic, social, or other expected benefits of a project in order to determine whether these benefits outweigh the project’s potential unavoidable significant environmental risks.
Although the District has no obligation under CEQA to adopt a Statement of Overriding Considerations for significant impacts that will be mitigated to a level below significance, the District wishes to make clear its determination that the benefits of the approved project described below are of such importance to the community and the region as to outweigh all significant adverse impacts described in the EIR or suggested by participants in the public review process.
Pursuant to CEQA Guidelines §15093, the District hereby finds that the proposed project would have the following benefits and that each of the following benefits is sufficient, on its own, to justify adoption of the proposed project:
• The project will advance the goal articulated in the Port’s mission statement that provides: “While protecting the Tidelands Trust resources, the Port will
bal
ance economic benefits, community services, environmental stewardship, and public safety on behalf of the citizens of California.” The project will provide a stimulus to the local and regional economy through the creation of temporary and permanent jobs for the construction and operation of the hotels, restaurant, retail development, RV park, dry boat storage, and expanded marina components of the project. In ad dition, the public access areas and expanded Pepper Park would be available for future visitor and public uses that will provide community services to residents and visitors to the San Diego region and National City. • The project would further the District’s commitment to lower cost visitor and recreational facilities, consistent with Section 30213 of the Coastal Act. The project proposes to improve the existing Pepper Park and expand Pepper Park by 2.5 acres . Pepper Park is a re creational facility that is free and accessible to the public; and after the park expansion it would remain free and accessible to the public. The project would also implement several recreational opportunities, including bicycle and pedestrian paths. In addition, the project would expand Pepper Park in order to attract more visitors. Further, the overnight accommodations included in the proposed project are anticipated to be lower -cost because t he National City hotel market is a lower cost market as compared to the City of San Diego. The overnight accommodations (e.g., hotels, motels) currently operating in National City have average daily rates below $100.00. The proposed overnight accommodations included with the proposed project will reflect the local hotel market conditions.
• The project will stimulate economic growth for the District , the City of National City, and the overall region by paying leasing fees to the District, creating hotel tax revenues for the City, and by providing a hotel for overnight accommodations to visitors to the San Diego region and National City that will contribute to the local economy.
• The project will increase employment opportunities within the region by providing approximately 211 temporary jobs during construction and approximately 437 jobs during operation of the components of the project. • The project would provide a connection to the regional bikeway network , create a safer environment for bicyclists, and support the implementation of SANDAG’s Regional Bike Plan through the construction of Segment 5 of the Bayshore Bikeway.
• The project would incorporate a parcel into the Port Master Plan that is owned by the District and the District should have land use jurisdiction over but is currently in the City’s Local Costal Program.
The District has weighed the benefits of the proposed project against its potential unavoidable significant environmental risks in determining whether to adopt it as the approved project. After balancing the specific economic, legal, social, technological, and other benefits of the project, the Board of Port Commissioners has determined
t
hat the specific benefits identified above outweigh the significant unavoidable environmental impacts of the project. Each of the benefits and the fulfillment of the objectives of the approved project, as stated herein, is determined to be a separate and independent basis for overriding the unavoidable significant environmental impacts identified above. For the foregoing reasons, the District finds t hat the proposed project’s potentially significant unavoidable environmental impacts are outweighed by the benefits described above.
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EXHIBIT “B”
Mitigation Monitoring and Reporting Program
(See attached.)
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FinalEnvironmentalImpactReport MMRPͲ1 September2022
MitigationMonitoringandReportingProgram
A.1.1 Purpose
The purpose of this Mitigation Monitoring and Reporting Program (MMRP) is to ensure that the National City Bayfront Projects and Plan Amendments implement the environmental mitigation measures required by the Final Environmental Impact Report (EIR) for the proposed project. Those mitigation measures have been integrated into this MMRP. The MMRP provides a mechanism for monitoring and reporting implementation of the mitigation measures in compliance with the EIR, and general guidelines for the use and implementation of the monitoring program are described below.
This MMRP is written in accordance with California Public Resources Code 21081.6 and Section 15097 of the California Environmental Quality Act (CEQA) Guidelines. California Public Resources Code Section 21081.6 requires the Lead Agency, for each project that is subject to CEQA, to adopt a reporting or monitoring program for changes made to the project, or conditions of approval, adopted in order to mitigate or avoid significant effects on the environment and to monitor performance of the mitigation measures included in any environmental document to ensure that implementation takes place. The San Diego Unified Port District (District) is the designated Lead Agency for the MMRP. The Lead Agency is responsible for review of all monitoring reports, enforcement actions, and document disposition. The Lead Agency will rely on information provided by a monitor as accurate and up to date and will field check mitigation measure status as required.
Adoption of the MMRP for portions within City of National City (City) discretionary authority is required by the City, as a CEQA responsible agency.
The District may modify how it will implement a mitigation measure, as long as the alternative means of implementing the mitigation still achieves the same or greater impact reduction. Copies of the MMRP shall be distributed to the participants of the monitoring effort to ensure that all parties involved have a clear understanding of the mitigation monitoring measures adopted.
A.1.2 Format
Mitigation measures applicable to the project include avoiding certain impacts altogether, minimizing impacts by limiting the degree or magnitude of the action and its implementation, and/or requiring supplemental structural controls. Within this document, mitigation measures are organized and referenced by subject category. Each of the mitigation measures has a numerical reference. The following items are identified for each mitigation measure. z Mitigation Language and Numbering
z Mitigation Timing
z Methods for Monitoring and Reporting
z Responsible Parties
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A.1.3 MitigationLanguageandNumbering
Provides the language of the mitigation measure in its entirety.
A.1.4 MitigationTiming
The mitigation measures required for the project will be implemented at various times before construction, during construction, prior to project completion, or during project operation.
A.1.5 MethodsforMonitoringandReporting
The MMRP includes the procedures for documenting and reporting mitigation implementation efforts.
A.1.6 ResponsibleParties
For each mitigation measure, the parties responsible for implementation, monitoring and reporting, and verifying successful completion of the mitigation measure are identified. These parties include both governmental organizations and by private sector project proponents.
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FinalEnvironmentalImpactReport MMRPͲ3 September2022
TableA1Ͳ1.Mitigation,Monitoring,andReportingProgram MitigationMeasures TimingandMethods ResponsibleParties AestheticsandVisualResources
MMǦAESǦ1:InstallConstructionScreeningandFencing(GBCapital Component). GB Capital shall require their contractors to install construction-screening fencing around the perimeter of the jetty prior to the start of construction of the modular cabins and extended dock and pier with boat slips that shall shield construction activities from sight.
The screening shall remain until construction equipment is removed from this area. Construction-screening fencing shall be depicted on construction plans and, prior to issuance of construction permits, the District’s Development Services Department shall confirm such fencing is depicted on the appropriate construction plans. Construction screening shall include, at a minimum, installation of 8-foot-tall fencing covered with view-blocking materials, such as tarp or mesh in a color that blends in with the existing environment (e.g., green or blue), for the duration of the construction period.
Timing:Prior to and during
construction
Method:Install construction-
screening fencing around the
perimeter of the jetty prior to
the start of construction.
Implementation:Applicable Project
Proponent for Component
MonitoringandReporting: Applicable
Project Proponent for Component
Verification: District’s Development
Services Department
MMǦAESǦ2:InstallWayfindingandPublicAccessSignage(GBCapital Component).Prior to construction of any GB Capital-related project elements within the marina, on the jetty, or in Sweetwater Channel that would affect the view provided by KOP 2, GB Capital or their contractors shall install temporary legible wayfinding signage in visible areas (e.g., in the general vicinity of the existing overlook at KOP 2 and where the existing waterside promenade on the Pier 32 Marina intersects with Goesno Place) that directs the public to other available scenic vistas that would not be affected by construction activities and would provide substantially similar views, such as KOP 4 and KOP 5. GB Capital shall require that contractors submit the signage characteristics (e.g., size, color, materials) to the District’s Development Services Department for review and approval prior installation of the signage—provided however, that the temporary wayfinding signage shall at a minimum depict the direction and distance to the alternate KOP(s). Photographic proof of the installation of wayfinding signage shall be submitted to the District’s Development Services Department prior to the beginning of construction activities of the GB Capital Component (Phase 1) that Timing:Prior to construction
and during construction
Method:Install temporary
wayfinding signage that directs
the public to other scenic vistas.
Implementation:Applicable Project
Proponent for Component
MonitoringandReporting:
Applicable Project Proponent for
Component
Verification: District’s Development
Services Department
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MitigationMeasures TimingandMethods ResponsibleParties involve construction in the marina, on the jetty, or in Sweetwater Channel and may be removed on completion of construction. MMǦAESǦ3:EstablishaTemporaryScenicVista(GBCapital Component).Prior to the commencement of construction of the GB Capital Component (Phase 1), GB Capital shall require its contractors to establish a temporary scenic vista directly east of KOP 3, adjacent to the western end of the existing Bayshore Bikeway bike path (before the existing path turns north), which shall be accessible to the public throughout the entirety of the construction phase of the GB Capital Component. The project proponent shall provide temporary wayfinding signage at the GB Capital Component site and signage at the temporary scenic vista identifying it as a temporary scenic vista. Photographic proof of the establishment of the temporary scenic vista shall be submitted to the District’s Development Services Department prior to the beginning of construction activities of the GB Capital Component (Phase 1). Timing:Prior to and during
construction
Method:Establish a temporary
scenic vista east of KOP 3.
Implementation:Applicable Project
Proponent for Component
MonitoringandReporting:
Applicable Project Proponent for
Component
Verification: District’s Development
Services Department
MMǦAESǦ4: InstallPermanentWayfindingSignagefortheOpen SpaceAreaonJetty(GBCapitalComponent).GB Capital shall construct the open space/park area on the jetty concurrently with the construction of the modular cabins and shall finish the open space area prior to or concurrently with said cabins.When construction of the modular cabins is complete, GB Capital or its contractors shall install permanent wayfinding signage that is legible and in a publicly accessible area at KOP 2/the existing Pier 32 overlook to direct visitors to the open space area on the jetty, where views of Sweetwater Channel to the southeast, south, and southwest would be available. GB Capital or its contractors shall submit the signage characteristics (e.g., size, color, materials) to the District’s Development Services Department for review and approval prior to installation—provided, however, that the wayfinding signage shall at a minimum contain the distance and direction to the open space area. Photographic proof of the wayfinding signage shall be submitted to the District’s Development Services Department prior to issuance of the certificate of occupancy.
Timing:Upon completion of
modular cabins
Method:Construct the open
space area prior to or
concurrently with the modular
cabins and install permanent
wayfinding signage to direct
visitors to the open space area.
Implementation:Applicable Project
Proponent for Component
MonitoringandReporting:
Applicable Project Proponent for
Component
Verification: District’s Development
Services Department
MMǦAESǦ5: ExtendtheExistingClearZoneAcrossJetty (GBCapital Component). The project proponent for the GB Capital Component shall extend the existing minimum 20-foot-wide clear zone along the Pier 32 overlook southward across the jetty. The existing minimum 20-foot-wide clear zone and the proposed 20-foot-wide clear zone on the jetty shall be Timing:Prior to and during
construction
Method:Extend the existing
minimum 20-foot-wide clear
Implementation Applicable Project
Proponent for Component
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MitigationMeasures TimingandMethods ResponsibleParties identified on the project plans. The open space/park area proposed on the jetty can be located within the 20-foot-wide clear zone. Prior to issuance of a coastal development permit that includes construction of the modular cabins, the District’s Development Services Department shall confirm that the existing and proposed minimum 20-foot-wide clear zone is identified and observed on the project plans.
zone along the Pier 32 overlook
southward across the jetty.
MonitoringandReporting:
Applicable Project Proponent for
Component
Verification: District’s Development
Services Department
MMǦAESǦ7:DesigntheGBCapitalComponenttoProvideContinuity (GBCapitalComponent).To provide a natural continuity with the existing marina complex, the GB Capital Component shall be designed and constructed using a similar architectural style and materials as the existing Pier 32 Marina. Prior to issuance of the Coastal Development Permit for both phases of the GB Capital Component, the District shall review plans for the GB Capital Component to ensure design continuity with the existing marina complex.
Timing:Prior to construction
Method:Ensure design
continuity with the existing Pier
32 Marina.
Implementation:Applicable Project
Proponent for Component
MonitoringandReporting:
Applicable Project Proponent for
Component
Verification: District
MMǦAESǦ8:LimitLighting(GBCapitalComponent).Proposed outdoor lightingin the parking lots, in the marina, and outside of buildings shall not exceed a correlated color temperature of 2,700 Kelvins in order to emit less high frequency blue light. The project proponent shall provide details (i.e., Kelvins) of the proposed lighting to the District’s Development Services Department for review and approval prior to commencement of construction of the GB Capital Component.
Timing:Prior to construction
and during project operation
Method:Ensure proposed
outdoor lighting shall not
exceed a correlated color
temperature of 2,700 Kelvins.
Implementation:Applicable Project
Proponent for Component
MonitoringandReporting:
Applicable Project Proponent for
Component
Verification: District’s Development
Services Department
MMǦAESǦ9:ShieldSecurityandSafetyLighting(GBCapital Component).Security and safety lighting proposed around the RV park, retail, marina, jetty, parking lot, hotels, and other outdoor common spaces shall consist of full cutoff pole-top fixtures with full cutoff shields to minimize light spillage into adjacent properties and land uses. The project proponent shall provide details of the proposed lighting to the District’s Development Services Department for review and approval prior to commencement of construction of the GB Capital Component. Timing:Prior to construction
and during project operation
Method:Implement measures
to minimize light spillage from
security and safety lighting.
Implementation:Applicable Project
Proponent for Component
MonitoringandReporting:
Applicable Project Proponent for
Component
Verification: District’s Development
Services Department
AirQualityandHealthRisk
MMǦAQǦ1:UpdatetheRAQSandSIPwithNewGrowthProjections (AllProjectComponents).Within 6 months from approval of the proposed project,the District and City shall provide SANDAG with revised employment growth forecasts that account for buildout of the Timing:Within 6 months of
approval
Method:Provide the new
employment growth forecasts
Implementation:District and City
MonitoringandReporting: District and
City
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MitigationMeasures TimingandMethods ResponsibleParties proposed project. This includes the amendments to the District’s PMP, and the City’s General Plan, LCP, HDSAP, and LUC to account for the proposed land use and jurisdictional changes. The District and the City shall coordinate with SANDAG and the SDAPCD to ensure the RAQS and SIP are updated as part of the next revision cycle to reflect the updated growth and land use assumptions of the project as well as the PMP and the City’s General Plan as a whole.
and coordinate with SANDAG
and the SDAPCD to ensure the
RAQS and SIP are updated.
Verification: SANDAG
MMǦAQǦ2:ImplementDieselEmissionǦReductionMeasuresDuring Construction(AllProjectComponents). To control VOC, NOX, CO, PM10, and PM2.5 emissions during construction, the project proponent/operator and/or its contractor(s) shall implement or require implementation by its construction contractor(s) the following measures during construction of their corresponding proposed project component, and shall provide verification to the District (or City).
Prior to the commencement of construction activities of any project component, the project proponent for that project component shall submit a list of equipment to be used and their equipment specifications (model year, engine tier, horsepower) to the District’s Development Services Department (for the components’ within the District’s jurisdiction) or the City’s Community Development Department (for the component’s within the City’s jurisdiction) to ensure the construction equipment list is consistent with the following requirements. Following construction, the project proponent/operator and/or its contractor(s) shall provide written evidence that the construction was consistent with following requirements:
x For all construction between 2022 and 2025, ensure that all off-road diesel equipment engines over 25 horsepower shall be equipped with EPA Tier 3 or cleaner engines, unless Tier 3 construction equipment is not available within 50 miles of the project site. The project proponent shall document and submit evidence to the District prior to commencement of construction activities that Tier 3 or cleaner equipment shall be used, or that Tier 3 or better equipment is not available for use during the entire duration of that project’s construction period through 2025.
x For all construction beyond 2025, ensure that all off-road diesel equipment engines over 25 horsepower shall be equipped with EPA Tier 4 or cleaner engines, unless Tier 4 construction equipment is Timing:Prior to, during, and
post construction
Method:Ensure construction
equipment and construction
activities are consistent with
emission-reduction
requirements.
Implementation:AllProject
Proponents/Operator and/or
Contractors
MonitoringandReporting: All Project
Proponents
Verification: District’s Development
Services Department or City’s
Community Development Department
SanDiegoUnifiedPortDistrict
MitigationMonitoringandReportingProgram
NationalCityBayfrontProjectsandPlanAmendments
FinalEnvironmentalImpactReport MMRPͲ7 September2022
MitigationMeasures TimingandMethods ResponsibleParties not available within 50 miles of the project site. The project proponent shall document and submit evidence to the District prior to commencement of construction activities that Tier 4 or cleaner equipment shall be used, or that Tier 4 or cleaner equipment is not available for use during the entire duration of that project’s construction period beyond 2025.
x Use renewable diesel fuel in all heavy-duty off-road diesel-fueled equipment. Renewable diesel must meet the most recent ASTM D975 specification for Ultra Low Sulfur Diesel and have a carbon intensity no greater than 50% of diesel with the lowest carbon intensity among petroleum diesel fuels sold in California.
x Maintain all equipment in accordance with the manufacturers’ specifications.
x Turn off all construction-related equipment, including heavy-duty equipment, motor vehicles, and portable equipment, when not in use for more than 3 minutes.
x Use zero or near-zero emissions equipment in-lieu of diesel or gasoline-powered equipment, where such zero or near-zero equipment is commercially available within 50 miles of the project site.
x Use diesel particulate filters (or the equivalent) if permitted under manufacturer’s guidelines for on-road and off-road diesel equipment.
MMǦAQǦ3:ImplementFugitiveDustControlDuringConstruction(All ProjectComponents). To control fugitive PM10 and PM2.5 emissions during construction of any project component, the project proponent/operator and/or its contractor(s) for each component shall implement the following dust control measures in compliance with SDAPCD Rule 55. The following shall be conditions in any Coastal Development Permit or City-issued permit (such as grading and building permits) and shall be implemented by that project proponent/operator and/or its contractor(s).
x Water the grading areas at a minimum of three times daily to minimize fugitive dust.
x Stabilize graded areas as quickly as possible to minimize fugitive dust.
Timing:During construction
Method:Implement dust
control measures to control
fugitive PM10 and PM2.5 in
compliance with SDAPCD Rule
55. Implementation:AllProject
Proponents/Operator and/or
Contractors
MonitoringandReporting: All Project
Proponents
Verification: District and City
SanDiegoUnifiedPortDistrict
MitigationMonitoringandReportingProgram
NationalCityBayfrontProjectsandPlanAmendments
FinalEnvironmentalImpactReport MMRPͲ8 September2022
MitigationMeasures TimingandMethods ResponsibleParties x Apply chemical stabilizer or pave the last 100 feet of internal travel path within the construction site prior to public road entry. x Install wheel washers adjacent to a paved apron prior to vehicle entry on public roads.
x Remove any visible track-out into traveled public streets within 30 minutes of occurrence.
x Wet wash the construction access point at the end of each workday if any vehicle travel on unpaved surfaces has occurred.
x Provide sufficient perimeter erosion control to prevent washout of silty material onto public roads.
x Cover haul trucks or maintain at least 12 inches of freeboard to reduce blow-off during hauling.
x Suspend all soil disturbance and travel on unpaved surfaces if winds exceed 25 miles per hour (mph).
x Cover/water onsite stockpiles of excavated material.
x Enforce a 15 mph speed limit on unpaved surfaces.
x On dry days, sweep up any dirt and debris spilled onto paved surfaces immediately to reduce re-suspension of particulate matter caused by vehicle movement. Clean approach routes to construction sites daily for construction-related dirt in dry weather. x Hydroseed, landscape, or develop as quickly as possible all disturbed areas and as directed by the District and/or SDAPCD to reduce dust generation.
x Limit the daily grading volumes/area.
x The project proponent/operator and/or its contractor(s) for each component shall submit evidence of the use of fugitive dust reduction measures to the District or City after the completion of construction.
MMǦAQǦ4:UseLowǦVOCInteriorandExteriorCoatingsDuring Construction(GBCapitalComponentandCityProgram–
DevelopmentComponent).To control VOC emissions during any painting activities during construction, the project proponent/operator and/or its contractor(s) for all phases of GB Capital Component (Phase 1 and Phase 2) and City Program – Development Component shall use low- VOC coatings for all surfaces that go beyond the requirements of SDAPCD Timing:Prior to and during
construction
Method:Use low-VOC coatings
for all surfaces that go beyond
the requirements of SDAPCD
Rule 67.0.
Implementation:Applicable Project
Proponents for Components/Operator
and/or Contractors
MonitoringandReporting: Applicable
Project Proponents for Components
SanDiegoUnifiedPortDistrict
MitigationMonitoringandReportingProgram
NationalCityBayfrontProjectsandPlanAmendments
FinalEnvironmentalImpactReport MMRPͲ9 September2022
MitigationMeasures TimingandMethods ResponsibleParties Rule 67.0. If architectural coatings (painting) of any single component or multiple components would exceed 10,000 square feet per day, then each project component active on that day shall use coatings with a VOC content of 10 grams per liter or less for all surfaces to be painted. If architectural coatings (painting) of any single component or multiple components would be below 10,000 square feet per day, then each component shall use coatings with a VOC content of 75 grams per liter or less. Prior to the commencement of construction activities associated with the GB Capital Component, the project proponent shall submit a list of coatings to be used, their respective VOC content, and a summary of surface area to be painted to the District’s Development Services Department. Prior to the commencement of construction activities associated with the City Program – Development Component, the project proponent shall submit a list of coatings to be used, their respective VOC content, and a summary of surface area to be painted to the City’s Community Development Department. The District and City, for their respective jurisdictions, may conduct inspections during construction to verify the use of low-VOC coatings.
Verification: District’s Development
Services Department and City’s
Community Development Department
MMǦAQǦ5: UseModernHarborCraftDuringConstructionActivities (GBCapitalComponent).Prior to commencing any waterside construction or activities the project proponent/operator and/or its contractor(s) for the GB Capital Component shall ensure that any harbor craft, including but not limited to tugboats, pusher tugs, tow boats, work boats, crew boats, and supply boats for use during the duration of any in- water work, shall meet the following criteria:
x For all construction between 2020 and 2025, ensure all equipment is Tier 3 or better (cleaner).
x For all construction after 2025, ensure all equipment is alternatively fueled or electrically powered. If alternatively fueled or electrically powered equipment that emits less emission than Tier 4 or better (cleaner) are not available, then the project proponent shall ensure all equipment is Tier 4 or better.
x Use renewable diesel fuel in all heavy-duty off-road diesel-fueled equipment. Renewable diesel must meet the most recent ASTM D975 specification for Ultra Low Sulfur Diesel and have a carbon intensity no greater than 50 percent of diesel with the lowest carbon intensity among petroleum diesel fuels sold in California.
Timing:Prior to waterside
construction
Method:Ensure harbor craft
meet clean emissions criteria
and submit evidence of
compliance prior to their use.
Implementation:Applicable Project
Proponent for Component/Operator
and/or Contractors
MonitoringandReporting: Applicable
Project Proponent for Component
Verification: District’s Development
Services Department or City’s
Community Development Department
SanDiegoUnifiedPortDistrict
MitigationMonitoringandReportingProgram
NationalCityBayfrontProjectsandPlanAmendments
FinalEnvironmentalImpactReport MMRPͲ10 September2022
MitigationMeasures TimingandMethods ResponsibleParties If clean harbor craft are not available within 200 miles of the project site for the duration of all dredging activities, the project proponent/operator and/or its contractor(s) for the GB Capital Component shall prioritize use of equipment that is maintained and properly tuned in accordance with manufacturers’ specifications. The project proponent/operator and/or its contractor(s) for the GB Capital Component shall document and submit evidence to the District’s Development Services Department and/or the City’s Community Development Department prior to commencement of waterside construction activities, that equipment meeting the above tiering requirements or better standards is not available for use during the duration of all in-water activities. Regardless of the equipment used, the project proponent/operator and/or its contractor(s) for each component shall verify that all equipment has been checked by a mechanic experienced with such equipment and determined to be running in proper condition prior to admittance into the construction area. The project proponent/operator and/or its contractor(s) for each component shall submit a report prepared by the mechanic experienced with such equipment of the condition of the construction and operations vehicles and equipment to the District’s Development Services Department and/or the City’s Community Development Department prior to commencement of their use. MMǦAQǦ6:StaggerOverlappingConstructionPhasesand
Components(AllProjectComponents). Each project
proponent/operator and/or its contractor(s) shall submit a construction schedule and assumed construction activity at least 3 months prior to the start of construction to the District and City. If grading and waterside construction activities (associated with GB Capital Component Phase 1) are to take place at the same time, they shall be reduced or staggered as to not to exceed daily air quality thresholds and such reduction or staggering shall be a condition of grading and building permits. However, multiple project components’ grading may take place at the same time.
The District and City, for their respective jurisdictions, may conduct inspections during construction to verify activity.
Timing:Prior to construction
Method:Submit a construction
schedule and assumed
construction activity to ensure
reduction or staggering of
overlapping construction
phases.
Implementation:All Project
Proponents/Operator and/or
Contractors
MonitoringandReporting: All Project
Proponents
Verification: District and City
MMǦAQǦ7: RestrictInstallationofFireplacesandFirepitsinNew Construction(CityProgram,GBCapitalComponent[Phase1and Phase2],andBalancedPlan).Theproponent/operator and/or its contractor(s) of the City Program – Development Component, the GB Timing:Prior to construction
Method:Ensure all fireplaces
and firepits are fueled by
Implementation:Applicable Project
Proponents for Components/Operator
and/or Contractors
SanDiegoUnifiedPortDistrict
MitigationMonitoringandReportingProgram
NationalCityBayfrontProjectsandPlanAmendments
FinalEnvironmentalImpactReport MMRPͲ11 September2022
MitigationMeasures TimingandMethods ResponsibleParties Capital Component, and the Balanced Plan shall ensure that no outdoor woodburning stoves, fireplaces, or firepits are installed, and all fireplaces and firepits shall be fueled by natural gas.The project proponent/operator and/or its contractor(s) for each component shall submit evidence that no outdoor woodburning stoves, fireplaces, or firepits are wood-burning to the District (or City for City Program), and the District (or City for City Program) may conduct inspections during construction to verify the details that were submitted are accurate. natural gas and no outdoor
woodburning stoves, fireplaces,
or firepits are installed.
MonitoringandReporting: Applicable
Project Proponents for Components
Verification: District and City
BiologicalResources
MMǦBIOǦ1:ConductSurveysandMonitoringforEstuarySeablite (BayshoreBikewayComponentRoute3):An authorized biologist shall be present onsite during construction within or adjacent to suitable habitat for estuary seablite to ensure that avoidance and minimization measures are in place according to specifications and to monitor construction in the vicinity of estuary seablite population at a frequency necessary to ensure that avoidance and minimization measures are followed properly. The biological monitor shall report any noncompliance to CDFW within 24 hours.
Before ground disturbance or other activities associated with construction of Bayshore Bikeway Component Route 3, a qualified botanist shall survey all proposed construction and access areas for presence of special-status plant species. Preconstruction surveys shall occur during the appropriate season and in accordance with established protocols up to 1 year in advance of construction, provided temporary construction easements have been granted to construction areas. These surveys shall be conducted in all construction areas that contain suitable habitat for special-status plant species. These surveys shall be for the purpose of documenting plant locations relative to the construction areas and ensure avoidance, where feasible. If construction starts prior to the appropriate season, and it is unfeasible to conduct preconstruction surveys, then plant documentation for avoidance and ESA fencing shall rely on previous population locations.
Populations of estuary seablite or other special-status plant species observed during these surveys shall be clearly mapped and recorded, along with the approximate numbers of individuals in each population and their respective conditions. Construction areas and access roads shall Timing:Prior to and during
project construction
Method:Conduct
preconstruction surveys for
presence of estuary seablite,
implement avoidance and
minimization measures, and
monitor for estuary seablite
species during construction.
Implementation:Applicable Project
Proponents for Components
MonitoringandReporting:
Authorized Biologist, Applicable Project
Proponents for Components
Verification: District, CDFW
SanDiegoUnifiedPortDistrict
MitigationMonitoringandReportingProgram
NationalCityBayfrontProjectsandPlanAmendments
FinalEnvironmentalImpactReport MMRPͲ12 September2022
MitigationMeasures TimingandMethods ResponsibleParties avoid loss of individual estuary seablite and impacts on habitat supporting this species.
MMǦBIOǦ3:AvoidConstructionwithin300FeetofAvianSpecies DuringtheBreedingSeason(GBCapitalComponentandBayshore BikewayComponentRoute3).All project construction activities occurring within 300 feet of salt marsh habitat (e.g., portions of Bayshore Bikeway Component Route 3 and some of the GB Capital Component) shall take place outside of the light-footed Ridgway’s rail and Belding’s Savannah sparrow breeding season (i.e., February 15–September 15); no construction work shall occur within 300 feet of the marsh during this time period.
To ensure protection of California least terns nesting at the D Street colony, project proponents shall avoid impact pile driving during the least tern nesting season. The nesting season for California least terns is defined here as April 1 through September 15.
Timing:During construction
Method:Ensure no
construction work occurs
within 300 feet of salt marsh
habitat from February 15
through September 15 and
avoid impact pile driving from
April 1 through September 15.
Implementation:Applicable Project
Proponents for Components
MonitoringandReporting:
Applicable Project Proponents for
Components
Verification: District and City
MMǦBIOǦ4:AvoidImpactsonOspreyDuringNestingSeason(January 15–June15)(PepperParkExpansionandRoadwayConfigurationin BalancedPlan,andPashaRailImprovementComponent). To ensure nesting ospreys are not disturbed, the project proponent for the Balanced Plan (specifically, the roadway improvements and Pepper Park expansion), as well as the project proponent for the Pasha Rail Improvement Component, shall avoid all noise-generating construction activities during the osprey nesting season (January 15–June 15) within all proposed construction areas or shall implement all of the following:
x Surveys of historical nest locations maintained by the District shall be conducted to determine current occupancy status within 72 hours prior to construction/onset of noise-generating activities. If nests are occupied, or if the nest occupancy cannot be determined due to the height of the nest, the area shall be flagged and mapped on the construction plans, along with an avoidance buffer of sufficient size to avoid impacts on the nest. The project biologist shall determine the size of the avoidance buffer based on behavioral observations, ambient versus construction-related noise, and other data gathered during nest monitoring. All work within the avoidance buffer shall cease until the nesting cycle is complete.
Timing:Prior to and during
project construction
Method:Avoid all noise-
generating construction
activities during the osprey
nesting season (January 15–
June 15) or implement
avoidance measures.
Implementation:Applicable Project
Proponents for Components
MonitoringandReporting:
Authorized Biologist, Applicable Project
Proponents for Components
Verification: District
SanDiegoUnifiedPortDistrict
MitigationMonitoringandReportingProgram
NationalCityBayfrontProjectsandPlanAmendments
FinalEnvironmentalImpactReport MMRPͲ13 September2022
MitigationMeasures TimingandMethods ResponsibleParties x Surveys of all potential osprey nest locations, including existing utility poles, shall be conducted within 72 hours prior to construction/onset of noise-generating activities within 500 feet of any proposed work areas where noise-generating activities could affect nest success. These surveys could be conducted concurrent with those anticipated under MMǦBIOǦ5 for MBTA avian species or conducted separately. If nests are occupied, or if the nest occupancy cannot be determined due to the height of the nest, the area shall be flagged and mapped on the construction plans, along with an avoidance buffer of sufficient size to avoid impacts on the nest. The project biologist shall determine the size of the avoidance buffer based on behavioral observations, ambient versus construction- related noise, and other data gathered during nest monitoring. All work within the avoidance buffer shall cease until the nesting cycle is complete.
MMǦBIOǦ5:AvoidImpactsonMBTAAvianSpecies,IncludingNonǦ ListedAvianSpecies(PepperParkExpansionandRoadway ConfigurationinBalancedPlan,GBCapitalComponent,and BayshoreBikewayComponentRoute3). To ensure compliance with the MBTA and similar provisions under CFGC Sections 3503 and 3503.5, the project proponent for the Balanced Plan (specifically, roadway improvements, Pepper Park expansion), GB Capital Component, Pasha Rail Improvement Component, Bayshore Bikeway Component, and City Program – Development Component shall conduct all vegetation removal during the non-breeding season between September 15 and January 14 or shall implement the following:
x If construction activities are scheduled between January 15 and September 14, a biological survey for nesting bird species shall be conducted within the proposed impact area and at least a 300-foot buffer within 72 hours prior to construction. The nesting bird survey is applicable to all avian species protected under the MBTA and Fish and Game Code. The number of surveys required for covering this area shall be commensurate with the schedule for construction and the acreage that shall be covered. Multiple surveys for nesting birds shall be separated by at least 48 hours in order to be confident that nesting is detected, but the survey shall be no more 72 hours prior to the onset of construction.
Timing:Prior to and during
project construction
Method:Conduct all vegetation
removal during the non-
breeding season (September
15–January 14) or implement
nesting bird avoidance
measures.
Implementation:Applicable Project
Proponents for Components
MonitoringandReporting:
Authorized Biologist, Applicable Project
Proponents for Components
Verification: District and City
SanDiegoUnifiedPortDistrict
MitigationMonitoringandReportingProgram
NationalCityBayfrontProjectsandPlanAmendments
FinalEnvironmentalImpactReport MMRPͲ14 September2022
MitigationMeasures TimingandMethods ResponsibleParties x If any active nests are detected, the area shall be flagged and mapped on the construction plans, along with an avoidance buffer of sufficient size to avoid impacts on the nest. The project biologist shall determine the size of the avoidance buffer based on behavioral observations, ambient versus construction-related noise, and other data gathered during nest monitoring. All work within the avoidance buffer shall cease until the nesting cycle is complete. x Nest buffers, nest survey techniques, and nest monitoring requirements shall be determined based on the project proponent’s avian biologist. In accordance with this mitigation measure, nest buffers shall be implemented to ensure compliance with the MBTA and Fish and Game Code Sections 3503, 3503.5, and 3513.
Additionally, if grading activities, construction activities, or other noise-generating activities lapse for more than 48 hours, an additional nesting bird survey shall be conducted. The results of the nesting bird surveys and buffers, including any determinations to reduce buffers, shall be included in a monitoring report submitted to the project proponent.
x If a nesting bird management plan is required as part of the site- specific impact analysis and mitigation for a particular component, then the parameters in this mitigation measure shall be applied as the minimum requirements for that particular component. More restrictive measures than these can be stipulated in the nesting bird management plan for that particular project component. MMǦBIOǦ6:ConductSurveysforMaternalBatRoostSiteSurveysand AvoidSeasonalImpacts(GBCapitalComponentandBayshore BikewayComponentRoute3). Prior to the start of project construction on the GB Capital Component or Bayshore Bikeway Component Route 3, a qualified bat biologist shall conduct a daytime assessment to examine structures and trees suitable for bat use. If bat sign is observed at that time, then nighttime bat surveys shall be conducted to confirm whether the structures or trees with suitable habitat identified during the preliminary assessment are utilized by bats for day roosting or night roosting, ascertain the level of bat foraging and roosting activity at each of these locations, and perform exit counts to determine visually the approximate number of bats utilizing the roosts. Acoustic monitoring shall also be used during these surveys to identify the bat species present Timing:Prior to and during
project construction
Method:Conduct
preconstruction bat habitat
assessment, avoid construction
during bat maternity season if
maternity sites are present, or
complete bat exclusion
activities.
Implementation:Applicable Project
Proponents for Components
MonitoringandReporting:
Authorized Biologist, Applicable Project
Proponents for Components
Verification: District, CDFW
SanDiegoUnifiedPortDistrict
MitigationMonitoringandReportingProgram
NationalCityBayfrontProjectsandPlanAmendments
FinalEnvironmentalImpactReport MMRPͲ15 September2022
MitigationMeasures TimingandMethods ResponsibleParties and determine an index of relative bat activity for that site on that specific evening.
If maternity sites are identified during the preconstruction bat habitat assessment, then no construction activities at that location shall be allowed during the maternity season (i.e., April 1–August 31) unless a qualified bat biologist has determined that the young have been weaned.
If maternity sites are present, and it is anticipated that construction activities cannot be completed outside of the maternity season, then the qualified bat biologist, in consultation with CDFW, shall complete bat exclusion activities at maternity roost sites either as soon as possible after the young have been weaned or outside of the maternity season, or the qualified bat biologist, in coordination with CDFW, otherwise approves.
The removal of mature trees and snags shall be minimized to the greatest extent practicable. Prior to tree removal or trimming, qualified bat biologist shall examine large trees and snags to ensure that no roosting bats are present. Palm frond trimming, if necessary, shall be conducted outside the maternity season (i.e., April 1–August 31) to avoid potential mortality to flightless young and outside the bat hibernation season (November–February).
MMǦBIOǦ7:AvoidanceofImpactsonSpecialǦStatusWildlifeDuring InǦWaterConstructionActivities(GBCapitalComponent). During in-water pile installation, the contractor shall utilize pile jetting or vibratory methods (vibratory methods subject to additional measures below) to reduce the daily number of pile strikes to the extent practicable and must use fewer than 750 pile strikes per day to set pilings.
Prior to construction activities involving impact-hammer and vibratory in-water pile driving, the project proponent shall prepare and implement a marine mammal, fish injury, and green sea turtle monitoring program such as a Marine Fish Species Impact Avoidance and Minimization Plan.
The District shall review the monitoring program, which shall include the following requirements:
x For a period of 15 minutes prior to the start of in-water construction, a qualified biologist, retained by the project proponent (i.e., GB Capital) and approved by the District’s Director of Development Services or their designee, shall monitor around the active pile driving areas to ensure that special-status species are not present.
Timing:Prior to and during
project construction
Method:Reduce the daily
number of pile strikes during
in-water pile installation and
prepare and implement a
marine mammal, fish injury,
and green sea turtle monitoring
program.
Implementation:Applicable Project
Proponent for Component
MonitoringandReporting:
Authorized Biologist, Applicable Project
Proponent for Component
Verification: District
SanDiegoUnifiedPortDistrict
MitigationMonitoringandReportingProgram
NationalCityBayfrontProjectsandPlanAmendments
FinalEnvironmentalImpactReport MMRPͲ16 September2022
MitigationMeasures TimingandMethods ResponsibleParties Monitors shall also monitor for injured fish and have the authority to stop work if there is an observation of concern.
x The construction contractor shall not start work if any observations of special-status species are made prior to starting pile driving. x In-water pile driving shall begin with soft starts, gradually increasing the force of the pile driving. This allows marine mammals, green sea turtles and fishes to flee areas adjacent to pile driving activities. x All monitors must meet the minimum requirements as defined by the National Oceanic Atmospheric Administration’s Guidancefor DevelopingaMarineMammalMonitoringPlan(NOAA 2019). x Recommendations in the Marine Mammal and Green Sea Turtle Monitoring Program shall be consistent with the District’s Regional General Permit (RGP) 72.
x If the biological monitor determines that underwater noise is causing an observable impact on any sensitive species, the biological monitor shall stop in-water construction or may require a bubble curtain be placed around pilings during impact driving to reduce the intensity of underwater sound pressure levels.
x A silt curtain shall be placed around the pile-driving activity to restrict the distribution of turbidity associated with the resuspension of marine sediments. The silt curtain shall be placed such that it does not drag on the bottom or contact eelgrass resources. In addition, the project proponent shall have a qualified contractor prepare and implement a water quality monitoring plan for the District’s review and approval to ensure that turbidity outside of the silt curtain does not increase more than 20% above ambient conditions during pile driving.
x The monitoring plan shall be implemented during all pile-driving activities and be a part of any construction contracts of GB Capital’s in-water construction.
MMǦBIOǦ9:ImplementBirdStrikeReductionMeasuresonNew Structures(GBCapitalComponentandCityProgram–Development Component).Prior to issuance of any building construction/permits for any portion of the GB Capital Component or City Program – Development Component where the building would be taller than three stories, an ornithologist (retained by the respective project proponent and pre- Timing:Prior to and during
project construction
Method:Incorporate design
strategies to minimize threat to
avian species in accordance
Implementation:Applicable Project
Proponents for Components
MonitoringandReporting:
Authorized Ornithologist, Applicable
Project Proponents for Components
SanDiegoUnifiedPortDistrict
MitigationMonitoringandReportingProgram
NationalCityBayfrontProjectsandPlanAmendments
FinalEnvironmentalImpactReport MMRPͲ17 September2022
MitigationMeasures TimingandMethods ResponsibleParties approved by the District for the GB Capital Component or the City for the City Program – Development Component) familiar with local species will review building plans to verify that the proposed building has incorporated specific design strategies that qualify for Leadership in Energy and Environmental Design (LEED) credits, as described in the American Bird Conservancy’sBirdǦFriendlyBuildingDesign (Sheppard and Phillips 2015) or an equivalent guide to avoid or reduce the potential for bird strikes. Final building design must demonstrate to the satisfaction of the ornithologist that design strategies shall be in accordance with the BirdǦFriendlyBuildingDesign, by incorporating strategies to minimize the threat to avian species, including but not limited to the following:
x Building Façade and Site Structures
o Develop a building façade and site design that are visible as physical barriers to birds.
x Elements such as Netting, Screens, Grilles, Shutters, and Exterior Shades to Preclude Collisions.
o Incorporate materials that have a low threat potential based on the Bird Collision Threat Rating and the Bird Collision Threat Rating Calculation Spreadsheet to achieve a maximum total building Bird Collision Threat Rating of 15 or less.
– High Threat Potential: Glass: Highly Reflective and/or Completely Transparent Surface
– Least Threat Potential: Opaque Surface
x Exterior Lighting
o Fixtures not necessary for safety, entrances, and circulation shall be automatically shut off from midnight until 6:00 a.m. o Exterior luminaires must meet these requirements for all exterior luminaires located inside project boundary based on the following:
- Photometric characteristics of each luminaire when mounted in the same orientation and tilt as specified in the project design; and
- The lighting zone of the project property (at the time construction begins). Classify the project under one lighting zone using the lighting zones definitions provided in the IlluminatingEngineeringSocietyandInternationalDarkSky with the BirdǦFriendlyBuilding
Designor equivalent guide.
Verification: District and City
SanDiegoUnifiedPortDistrict
MitigationMonitoringandReportingProgram
NationalCityBayfrontProjectsandPlanAmendments
FinalEnvironmentalImpactReport MMRPͲ18 September2022
MitigationMeasures TimingandMethods ResponsibleParties Association(IES/IDA)ModelLightingOrdinance(MLO)User Guide(2011).
x Performance Monitoring Plan
o The project proponent (e.g., GB Capital) shall develop a 3-year post-construction monitoring plan to routinely monitor the effectiveness of the building and site design in preventing bird collisions for buildings over three stories high. Include methods to identify and document locations where repeated bird strikes occur, the number of collisions, the date, the approximate time, and features that may be contributing to collisions. List potential design solutions and provide a process for adaptive management. o The project proponent (e.g., GB Capital) shall provide an adaptive monitoring report demonstrating which design strategies have been incorporated and the results of adaptive monitoring for District review.
MMǦBIOǦ10:ProvideCompensatoryMitigationforImpactson CoastalSageScrub(GBCapitalComponentandBayshoreBikeway ComponentRoute3). Compensation for permanent impacts on Diegan coastal sage scrub habitats shall occur at a minimum 1:1 ratio, with compensation occurring as creation, enhancement, or restoration. The compensation can occur through a combination of one or more of the following: onsite enhancement, re-establishment, or creation; or payment into an agency-approved in-lieu fee, mitigation program, or other approved mitigation provider. Compensation type and final mitigation ratios shall be determined during the project’s coastal development permitting phase. Temporary impacts on Diegan coastal sage scrub habitats shall be replaced at a 1:1 ratio through onsite restoration.
Onsite, in-kind restoration of temporarily affected Diegan coastal sage scrub would occur at their current locations on completion of construction, consisting of returning affected areas to original contour grades, decompacting the soil, and replanting with hydroseeding or container plantings using a plant palette composed of native species from the local region prior to disturbance. All revegetated areas shall avoid the use of any nonnative plant species.
For any areas that shall be restored, enhanced, or created onsite, the project proponent (e.g., National City for Bayshore Bikeway; GB Capital, etc.) shall prepare a Habitat Mitigation and Monitoring Plan (HMMP) Timing:Prior to construction
Method:Provide compensatory
mitigation for impacts on
Diegan coastal sage scrub at a
minimum 1:1 ratio and prepare
an HMMP for onsite restoration.
Implementation:Applicable Project
Proponents for Components
MonitoringandReporting:
Applicable Project Proponents for
Components
Verification: District, CCC
SanDiegoUnifiedPortDistrict
MitigationMonitoringandReportingProgram
NationalCityBayfrontProjectsandPlanAmendments
FinalEnvironmentalImpactReport MMRPͲ19 September2022
MitigationMeasures TimingandMethods ResponsibleParties prior to project construction in accordance with requirements of the CCC.
The HMMP shall outline all required components, including, but not limited to, a project description, goal of the mitigation, mitigation site, implementation plan, monitoring plan, completion of mitigation/ success criteria, and contingency measures. The HMMP shall address the onsite restoration of temporary impact areas and compensatory mitigation at on- or offsite areas to mitigate for permanent impacts. MMǦBIOǦ12:ProvideContractorEducation,UtilizeEcological Moorings,andDevelopanEelgrassMitigationandMonitoringPlan inCompliancewiththeCaliforniaEelgrassMitigationPolicy(GB CapitalComponent).Prior to the start of any in-water construction, the project proponent shall retain a qualified marine biologist to provide contractor education relative to the presence and sensitivity of eelgrass beds. The contractor shall be provided with a map that depicts the location of eelgrass within the work area. The contractor shall be instructed to use the minimal propeller thrust necessary when working in shallow water to avoid dislodging eelgrass or generating excessive turbidity. The contractor shall also be instructed not to place anchors or spuds over portions of the seafloor that support eelgrass.
The proposed vessel moorings shall use ecologically sensitive mooring systems that minimize contact with the ocean bottom, to reduce scouring impacts. Examples of these systems include flexible lines with anchors that are permanently embedded into the bottom. The GB Capital Component shall include educational materials to boat operators describing how ecological moorings work and specifying that boat operators shall utilize the ecological moorings.
Prior to the start of any in-water construction, the project proponent shall retain a qualified marine biologist to develop an eelgrass mitigation plan in compliance with the California Eelgrass Mitigation Policy. The mitigation plan shall be submitted to the District and resource agencies for approval and shall be implemented to compensate for losses to eelgrass in the event that the surveys described below indicate the project affected eelgrass. The eelgrass mitigation plan shall use updated eelgrass monitoring data to establish the amount of eelgrass present, and that data shall be collected within 6 months of the first draft of the mitigation plan. Additionally, the mitigation plan shall provide a summary of all mitigation sites considered during the evaluation and Timing:Prior to in-water
construction
Method:Provide contractor
education relative to the
presence and sensitivity of
eelgrass beds, utilize ecological
mooring systems, and develop
an eelgrass mitigation plan.
Implementation:Applicable Project
Proponent for Component
MonitoringandReporting:
Qualified Marine-Biologist, Applicable
Project Proponent for Component
Verification: District and Resource
Agencies
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MitigationMeasures TimingandMethods ResponsibleParties provide the rationale for the chosen mitigation site(s). A mitigation site must be secured prior to in-water construction that would affect eelgrass.
Finally, the plan shall also include a habitat loss/gain analysis table and any changes to the losses or gains shall be captured in revisions to the mitigation plan as additional surveys as specified below are performed.
To the extent practical, the mitigation shall attempt to achieve the creation of a contiguous eelgrass bed with eelgrass density at or above that present within the patchy eelgrass beds present within the Sweetwater River Channel. This will provide for enhanced fisheries benefit and therefore benefit to fish-foraging avian species such as California least tern. The mitigation plan shall be provided with permit applications required under the Rivers and Harbors Act (Section 10) and CWA (Section 401, Section 404), which would require supplemental resource agency consultation during the permitting process. The specific eelgrass mitigation plan elements shall include the following:
x Prior to the commencement of any in-water construction activities, a qualified marine biologist that the project proponent retains and the District approves shall conduct a preconstruction eelgrass survey per the California Eelgrass Mitigation Policy. Surveys for eelgrass shall be conducted during the active eelgrass growing season (March– October), and results shall be valid for 60 days, unless completed in September or October; if completed in those months, results shall be valid until resumption of the next growing season. The qualified marine biologist shall submit the results of the preconstruction survey to the District and resource agencies within 30 days. x Within 30 days of completion of in-water construction activities, a qualified marine biologist that the project proponent retains and the District approves shall conduct a postconstruction eelgrass survey during the active eelgrass growing season. The postconstruction survey shall evaluate potential eelgrass impacts associated with construction. On completion of the postconstruction survey, the qualified marine biologist shall submit the survey report to the District and resource agencies within 30 days.
x At least 2 years of annual postconstruction eelgrass surveys shall be conducted during the active eelgrass growing season. The additional annual surveys shall evaluate the potential for operational impacts on eelgrass. Specifically, the surveys shall be designed to evaluate
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MitigationMeasures TimingandMethods ResponsibleParties potential shading impacts noted in the project’s marine biological assessment (Appendix H of the EIR).
x In the event that eelgrass impacts are detected during post- construction monitoring, the project proponent shall implement the following:
o A qualified marine biologist that the project proponent retains for the GB Capital Component and the District approves shall develop a mitigation plan for in-kind mitigation per the California Eelgrass Mitigation Policy. The qualified marine biologist shall submit the mitigation plan to the District and resource agencies within 60 days following the postconstruction survey.
o Mitigation for eelgrass impacts shall be at a ratio of 1.2:1, and the project proponent shall determine eelgrass mitigation sites prior to the commencement of construction activities.
o Mitigation shall commence within 135 days of any noted impacts on eelgrass, such that mitigation commences within the same eelgrass growing season that impacts occur.
o Any mitigation that requires harvesting and transplantation of eelgrass shall require the qualified marine biologist to obtain a scientific collecting permit from CDFW for the purpose of harvesting eelgrass to support the mitigation.
x Upon completing mitigation, the qualified biologist shall conduct mitigation performance monitoring at performance milestones of 0, 12, 24, 36, 48, and 60 months. The qualified biologist shall conduct all mitigation monitoring during the active eelgrass growing season and shall avoid the low-growth season (November–February).
Performance standards shall be in accordance with those prescribed in the California Eelgrass Mitigation Policy.
x The qualified biologist shall submit the monitoring reports and spatial data to the District and resource agencies within 30 days after the completion of each monitoring period. The monitoring reports shall include all of the specific requirements identified in the California Eelgrass Mitigation Policy.
MMǦBIOǦ13:ImplementOverwaterCoverageMitigationThroughthe USACEPermittingProcessinConsultationwithCCC,NMFS,USFWS, RWQCB,andtheDistricttoCompensateforLossofOpenWater Timing:Prior to construction
Method:Implement mitigation
to reduce overwater coverage,
Implementation:Applicable Project
Proponent for Component
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MitigationMeasures TimingandMethods ResponsibleParties HabitatandFunction(GBCapitalComponent). The waterside GB Capital Component within Sweetwater Channel shall require implementation of regulatory agency-approved mitigation prior to implementation of the project to reduce overwater coverage. This may include reduction in overwater coverage at another location in San Diego Bay, restoration of upland riparian habitats, restoration of submerged aquatic vegetation, water quality-improvement techniques, restoration of soft-bottom habitats, such as mud flats, or use of mitigation bank credits or credits from the USACE permit for the construction of the marina from uplands or paying an in lieu fee (once a program is developed but prior to increase in overwater coverage). Detailed shading studies would be required in the future when construction and project design details are available, which would require supplemental environmental review. The project proponent shall conduct the shading studies and implement the following:
x To the extent practical, overwater structures shall be placed in a manner that minimizes shading of eelgrass and avoids scouring impacts on the seabed.
x Prior to issuance of a Coastal Development Permit, the project proponent (i.e., GB Capital) shall request a pre-application meeting with the USACE, in consultation with CCC, NMFS, USFWS, RWQCB, and the District, to identify locations within San Diego Bay or the San Diego region to mitigate impacts on both sensitive avian species and nearshore habitat associated with loss of beneficial uses associated with overwater coverage and loss of open water-habitat function as a result of increased structural fill within San Diego Bay. x Prior to the commencement of construction activities of the waterside improvements of the GB Capital Component, the project proponent shall implement mitigation options that the regulatory agencies identified above review and approve.
x The project proponent shall secure all applicable permits for the mitigation of overwater coverage prior to commencement of waterside construction.
conduct shading studies, and
secure all applicable permits.
MonitoringandReporting:
Applicable Project Proponent for
Component
Verification: District, USACE, CCC, NMFS,
USFWS, and RWQCB
CulturalResources,TribalCulturalResources,andPaleontologicalResources MMǦCULǦ2:PrepareandImplementaCulturalResourcesMonitoring andDiscoveryPlan(BalancedPlan,GBCapitalComponent,Pasha Timing:Prior to ground-
disturbing activities
Implementation:All Project Proponents
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MitigationMeasures TimingandMethods ResponsibleParties RailImprovementComponent,PashaRoadClosuresComponent, BayshoreBikewayComponent). Prior to the commencement of any ground-disturbing activities within the areas requiring archaeological monitoring (i.e., activities occurring in the area that is both east of the mean high tide line and south of Bay Marina Drive), the respective project proponent shall retain a qualified archaeologist (approved by the District for components within its jurisdiction or the City for components within its jurisdiction) who meets the SOI Professional Qualification Standards (36 CFR 61) to prepare a CRMDP for designated portions of the Balanced Plan, GB Capital Component, Pasha Rail Improvement Component, Pasha Road Closures Component, and Bayshore Bikeway Component that are sensitive for archaeological resources,defined as the area east of the mean high tide line and south of Bay Marina Drive.
Monitoring areas are defined as land-based ground-disturbing activities associated with project components east of the mean high tide line and south of Bay Marina Drive.Procedures to follow in the event of an unanticipated discovery apply to all applicable project components. The CRMDP shall be submitted to the City and District, as applicable based on the jurisdiction in which the project component is located, and shall be reviewed and approved by the relevant agency. If the District or City do not have in-house expertise to review the CRMDP, they shall respectively hire an expert who meets the SOI Professional Qualification Standards (36 CFR 61) and the project proponent shall pay for said expert.
The District’s CRMDP review shall ensure that appropriate procedures to monitor construction and treat unanticipated discoveries are in place.
District review and approval of the CRMDP shall occur prior to the commencement of any construction activities subject to the requirements of the CRMDP. The CRMDP shall include required qualifications for archaeological monitors and supervising archaeologists and shall lay out protocols to be followed in relation to cultural resources, including both archaeological and tribal cultural resources.
The CRMDP shall provide a summary of sensitivity for buried cultural resources. In addition, it shall describe the roles and responsibilities of archaeological and Native American monitors, District personnel (as applicable), City personnel (as applicable), and construction personnel.
Additionally, the CRMDP shall describe specific field procedures to be followed for archaeological monitoring, including field protocol and methods to be followed should there be an archaeological discovery.
Method:
Retain a qualified
archaeologist to prepare a
Cultural Resources Monitoring
and Discovery Plan for
designated portions of
identified components.
MonitoringandReporting: Qualified
Archaeologist; All Project Proponents
Verification: District and City
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MitigationMeasures TimingandMethods ResponsibleParties Evaluation of resources; consultation with Native American individuals, tribes, and organizations; treatment of cultural remains and artifacts; curation; and reporting requirements shall also be described. The CRMDP shall also delineate the requirements, procedures, and notification processes in the event human remains are encountered.
The CRMDP shall delineate the area(s) of archaeological sensitivity that require archaeological monitoring. Mapping of the area(s) shall be made available to the project proponent, who shall incorporate this information into the respective construction specifications for the Balanced Plan Component, GB Capital Component, Pasha Rail Improvement Component, Pasha Road Closures Component, and Bayshore Bikeway Component.
MMǦCULǦ3:PrepareandImplementaCulturalResourcesAwareness TrainingPriortoProjectConstruction(BalancedPlan,GBCapital Component,PashaRailImprovementComponent,PashaRoad ClosuresComponent,andBayshoreBikewayComponent). Prior to, and for the duration of, project-related ground disturbance in the areas east of the mean high tide line and south of Bay Marina Drive, the Balanced Plan, GB Capital Component, Pasha Rail Improvement Component, Pasha Road Closures Component, and Bayshore Bikeway Component respective project proponent shall hire a qualified archaeologistwho meets the SOI Professional Qualifications Standards (36 CFR 61) and is approved by the District for components within its jurisdiction, and the City for components within its jurisdiction, to provide cultural resources awareness training to project construction personnel. The training shall include a discussion of applicable laws and penalties under the law; samples or visual representations of artifacts that might be found in the project vicinity; and the steps that must be taken if cultural resources are encountered during construction, including the authority of archaeological monitors, if required to be on site during the project, to halt construction in the area of a discovery.
A hard copy summary of cultural resource laws, discovery procedures, and contact information shall be provided to all construction workers.
Completion of the training shall be documented for all construction personnel, who shall be required to sign a form confirming they have completed the training. The form shall be retained by the project proponent to demonstrate compliance with this mitigation measure.
Timing: Prior to and during
ground disturbance activities
Method: Provide cultural
resources awareness training to
project construction personnel
by an approved qualified
archaeologist.
Implementation: All Project Proponents
MonitoringandReporting: All Project
Proponents; Qualified Archaeologist
Approved by the District and City within
Respective Jurisdiction
Verification: District and City
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MitigationMeasures TimingandMethods ResponsibleParties MMǦCULǦ4:ConductArchaeologicalMonitoringinAreasof Sensitivity(BalancedPlan,GBCapitalComponent,PashaRail ImprovementComponent,PashaRoadClosuresComponent,and BayshoreBikewayComponent). Within the areas of theBalanced Plan, GB Capital Component, Pasha Rail Improvement Component, Pasha Road Closures Component, and Bayshore Bikeway Component east of the mean high tide line and south of Bay Marina Drive, the project proponent shall retain a qualified archaeologist(s) who meets the SOI Professional Qualifications Standards as promulgated in 36 CFR 61. The qualified archaeologist(s) shall supervise archaeological monitoring of all proposed ground-disturbing activities for the project in the archaeologically sensitive portion(s) of the project site. The archaeologically sensitive portion(s) of the project site isdefined as land- based ground-disturbing activities associated with project components east of the mean high tide line and south of Bay Marina Drive. Monitoring actions and procedures shall be completed per the CRMDP described in MMǦCULǦ2.
Timing: Prior to and during
ground-disturbing activities
Method: Supervise
archaeological monitoring of all
ground-disturbing activities in
archaeologically sensitive
portions of the project site.
Implementation:All Project Proponents
Monitoring
andReporting: All Project
Proponents, Qualified Archaeologist
Verification: District and City
MMǦCULǦ5:ConductNativeAmericanMonitoringinAreasof Sensitivity(BalancedPlan,GBCapitalComponent,PashaRail ImprovementComponent,PashaRoadClosuresComponent,and BayshoreBikewayComponent). A Kumeyaay Native American monitor shall be present at all areas designated for archaeological monitoring— defined as land-based ground-disturbing activities associated with the portions of the Balanced Plan, GB Capital Component, Pasha Rail Improvement Component, Pasha Road Closures Component, and Bayshore Bikeway Component that are east of the mean high tide line and south of Bay Marina Drive. This monitoring shall occur on an as- needed basis and is intended to ensure that Native American concerns are considered during the construction process. Native American monitors shall be retained from tribes who have expressed an interest in the project and have participated in discussions with the District. If a tribe has been notified of scheduled construction work and does not respond, or if a Native American monitor is not available, work may continue without the Native American monitor. Roles and responsibilities of the Native American monitors shall be detailed in the CRMDP described in mitigation measure MMǦCULǦ2. Costs associated with Native American monitoring shall be borne by the project proponent. Timing: During all ground-
disturbing activities
Method: Conduct Native
American monitoring at all
areas designated for
archaeological monitoring.
Implementation: All Project Proponents
MonitoringandReporting: All Project
Proponents, Kumeyaay Native American
Monitor
Verification: District and City
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MitigationMeasures TimingandMethods ResponsibleParties MMǦCULǦ6:ConductPaleontologicalMonitoringinAreasof Sensitivity(CityProgram–DevelopmentComponent,Bayshore BikewayComponent). A qualified paleontologist meeting the Society for Vertebrate Paleontology qualifications (retained by the respective project proponent and pre-approved by the District or City as applicable) shall review the paleontological records search prepared by the San Diego Natural History Museum to confirm the locations of paleontologically sensitive areas as well as the existing literature for the proposed project area. The following monitoring measures shall be implemented to recover remains before they are lost or destroyed. x Where highly sensitive fossil-bearing deposits are likely to be affected and the proposed construction methodology allows for the recovery of fossils, then paleontological monitoring shall be incorporated into the project specifications.
x A qualified paleontologist shall attend preconstruction meetings to consult with the grading and excavation contractors concerning excavation schedules, paleontological field techniques, and safety issues. A qualified paleontologist is defined as an individual with an M.S. or Ph.D. in paleontology or geology who is familiar with paleontological procedures and techniques, who is knowledgeable in the geology and paleontology of San Diego County, and who has worked as a paleontological monitoring project supervisor in the county for at least 1 year.
x A paleontological monitor shall be on site on a full-time basis during the original cutting of previously undisturbed deposits of high- sensitivity formations to inspect exposures for contained fossils. The paleontological monitor shall work under the direction of the qualified paleontologist. A paleontological monitor is defined as an individual who has experience in the collection and salvage of fossil materials.
x If fossils are discovered, the paleontologist (or paleontological monitor) shall recover them. In most cases, this fossil salvage can be
completed in a short period of time; however, some fossil specimens, such as a complete large mammal skeleton, may require an extended salvage period. In these instances the paleontologist (or paleontological monitor) shall be allowed to temporarily direct, divert, or halt grading to allow recovery of fossil remains in a timely Timing:Prior to and during
construction
Method:Review
paleontological records and
implement paleontological
monitoring measure.
Implementation:Applicable Project
Proponents for Components, Qualified
Paleontologist Pre-approved by the
District and City within Respective
Jurisdiction
MonitoringandReporting: Applicable
Project Proponents for Components,
Qualified and Pre-approved
Paleontologist
Verification: District and City
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MitigationMeasures TimingandMethods ResponsibleParties manner. Because of the potential for the recovering of small fossil remains, such as isolated mammal teeth, it may be necessary to set up a screen-washing operation on site.
x Fossil remains collected during the monitoring and salvage portion of the program shall be cleaned, repaired, sorted, and catalogued. x Prepared fossils, along with copies of all pertinent field notes, photos, and maps, shall be deposited (as a donation) in a scientific institution with permanent paleontological collections, such as the San Diego Natural History Museum. Donation of the fossils by the project proponent shall be accompanied by financial support for initial specimen storage.
x A final data recovery report shall be completed that outlines the results of the monitoring program. This report shall include discussions of the methods used, stratigraphic section(s) exposed, fossils collected, and significance of recovered fossils.
GreenhouseGasEmissionsandClimateChange
MMǦGHGǦ1:ImplementDieselEmissionǦReductionMeasuresDuring ProjectConstructionandOperation(AllProjectComponents).The project proponent/operator and/or its contractor(s) for each component of the proposed project shall implement the following measures during project construction and operation and, where specified below, submit reports demonstrating compliance for review and approval to the District’s Development Services Department (or successor department) for project components in the District’s jurisdiction or the City’s Community Development Department for project components in the City’s jurisdiction.
1. Construction:
a. The project proponent shall verify that all construction equipment is maintained and properly tuned, in accordance with manufacturers’ specifications. Prior to the commencement of construction activities using diesel-powered vehicles or equipment, the project proponent shall verify that all vehicles, as well as equipment, have been checked by a certified mechanic and determined to be running in proper condition prior to admittance into the delivery driveway and loading areas. The project proponent shall submit a report prepared by the certified Timing:During project
construction and operation
Method:Implement diesel
emission-reduction measures
and submit reports
demonstrating compliance
where specified.
Implementation:All Project
Proponents/Operator and Contractor(s)
MonitoringandReporting: All Project
Proponents/Operator
Verification: District’s Development
Services Department and City’s
Community Development Department
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MitigationMeasures TimingandMethods ResponsibleParties mechanic regarding the construction vehicles’ and equipment’s compliance with this requirement to the District’s Development Services Department (or successor department) or the City’s Community Development Department prior to commencement
of their use.
b. The project proponent shall limit all construction truck idling times by shutting down trucks when not in use and reducing the maximum idling time to less than 3 minutes. The project proponent shall install clear signage regarding the limitation on idling time at the construction entrance(s) and shall submit monthly reports of violators to the District. Repeat violators shall be subject to penalties pursuant to the California Airborne Toxics Control Measure, 13 CCR Section 2485.
c. Prior to commencing construction activities, the project proponent shall ensure that all off-road construction equipment shall meet the following criteria:
i. For all construction between 2020 and 2025, ensure all equipment is Tier 3 or better (cleaner);
ii. For all construction after 2025, ensure all equipment is alternatively fueled or electrically powered. If alternatively fueled or electrically powered equipment that emits fewer emissions than Tier 4 or better (cleaner) equipment is not available, then the project proponent shall ensure all
equipment is Tier 4 or better; and
iii. Use renewable diesel fuel in all heavy-duty, off-road diesel- fueled equipment. Renewable diesel must meet the most
recent ASTM D975 specification for ultra-low-sulfur diesel and have a carbon intensity no greater than 50% of diesel with the lowest carbon intensity among petroleum diesel fuels sold in California.
2. Operation: The project proponent shall limit all delivery truck idling times by shutting down trucks when not in use and reducing the maximum idling time to less than 3 minutes. The project proponent shall install clear signage regarding the limitation on idling time at the delivery driveway and loading areas and shall submit annual reports of violators to the District. This measure shall be implemented by the hotel and marina supervisors. Repeat violators
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MitigationMeasures TimingandMethods ResponsibleParties shall be subject to penalties pursuant to the California Airborne Toxics Control Measure, 13 CCR Section 2485.
MMǦGHGǦ2:ComplywithDistrictCAPMeasures(BalancedPlan,GB CapitalComponent,PashaRailImprovementComponent,Bayshore BikewayComponent[OnlyAreawithinDistrictJurisdiction]). Prior to approval of the final design plans, the project proponent/operator and/or its contractor(s) for each component of the proposed project shall list all applicable GHG-reducing measures from the District CAP and demonstrate in the plans where the measures shall be located. A report demonstrating compliance shall be submitted to the District’s Development Services Department (or successor department). Buildings associated with the proposed project components shall achieve certification under the Leadership in Energy and Environmental Design (LEED) program, or the Green Building Rating Systems of the Green Building Certification Institute, or achieve equivalent efficiency if it is determined that LEED certification cannot be achieved because of site factors or other reasons. For construction where LEED or an equivalent program or efficiency certification is not applicable (e.g., dry boat storage), all other applicable measures below shall be required, subject to verification of the District’s Development Services Department (or successor department).
The following is a list of the proposed sustainability measures that would be consistent with the District CAP. Any measures selected shall be required and incorporated into the Coastal Development Permit for each project component.
x General Measures
o No commercial drive-through shall be implemented.
x Water
o Indoor water consumption shall be reduced to a level 20% lower than that of the baseline buildings (defined by LEED as indoor water use after meeting Energy Policy Act of 1992 fixture performance requirements) through use of low-flow fixtures in all administrative and common-area bathrooms.
o Plantings with low water requirements and drip irrigation shall be installed, and domestic water demand from the City system for landscaping purposes shall be minimized.
Timing:Prior to approval of
final design plans
Method:Demonstrate
compliance with all applicable
GHG-reducing measures from
the District CAP and achieve
LEED certification or equivalent
efficiency in buildings where
applicable.
Implementation:Applicable Project
Proponents for Components/Operator or
Contractor(s)
MonitoringandReporting:Applicable
Project Proponents for Components
Verification: District’s Development
Services Department
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MitigationMeasures TimingandMethods ResponsibleParties x Waste
o Compliance with AB 939 shall be mandatory and shall include recycling at least 50% of solid waste; recycling of demolition debris shall be mandatory and shall include recycling at least 65% of all construction and demolition debris. This measure shall be applied during construction and operation of the proposed project. o All commercial, restaurant, and retail uses shall recycle, compost food waste and other organics, and use reusable products instead of disposable products to divert solid waste from the landfill stream.
o Recycled, regional, and rapidly renewable materials shall be used where appropriate during project construction.
x Energy
o Renewable energy design features that may be implemented are as follows:
– Implement onsite renewable energy to new buildings, unless the system cannot be built because of structural and operational constraints. (Evidence must be provided if not feasible, subject to District concurrence.)
– Install co-generation systems (i.e., combined heat and power systems) in new buildings constructed at the project site. – Ensure that, at a minimum, 6% of parking spaces are equipped with electric-vehicle charging stations.
– For all construction after 2025, ensure all construction vehicles and equipment are alternatively fueled or electrically powered, to the extent feasible and available. (GB Capital Component and Balanced Plan only)
– For all construction, use renewable diesel fuel in all heavy-duty, off-road diesel-fueled equipment. Renewable diesel must meet the most recent ASTM D975 specification for ultra-low-sulfur diesel and have a carbon intensity no greater than 50% of diesel with the lowest carbon intensity among petroleum diesel fuels sold in California. (GB Capital Component and Balanced Plan only)
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MitigationMeasures TimingandMethods ResponsibleParties – Construct buildings that are ZNE or, if full ZNE is infeasible, implement all feasible measures identified in the feasibility analysis. (GB Capital and Balanced Plan only)
– Incorporate renewable energy (a) on the project site, (b) within the District’s jurisdiction, or (c) within the adjacent community or member city outside of the District’s jurisdiction. Undertake other verifiable actions or activities on tidelands approved by the District, such as electrification of equipment, including vehicles and trucks; financial contribution to a future local or GHG emission reduction program on tidelands; or similar activities or actions that reduce operational GHG emissions. (GB Capital and Balanced Plan only)
o Energy-efficiency design features that exceed 2019 Title 24 California Building Energy Efficiency Standards shall be incorporated. The measures that may be implemented are as follows:
– Use only fluorescent lights, light-emitting diodes (LEDs), compact fluorescent lights, or the most energy-efficient lighting that meets required lighting standards and is commercially available. This measure also requires replacement of existing lighting on the project site if not already highly energy efficient. – Install occupancy sensors for all vending machines in new buildings at the project site.
– Install high-performance glazing with a low solar heat gain coefficient value that reduces the amount of solar heat allowed into the building, without compromising natural illumination. – Install increased insulation.
– Install cool roofs with an R value of 30 or better.
– Install sun shading devices as appropriate.
– Install high-efficiency heating, ventilating, and air conditioning systems and controls.
– Install programmable thermostats.
– Install variable frequency drives.
– Install Energy Star–rated appliances.
– Install shore power capabilities where suitable upgrades are feasible in marinas.
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MitigationMeasures TimingandMethods ResponsibleParties x Mobile Sources
o Implement a construction transportation demand management plan for each project component that promotes ride-sharing, vanpooling, alternate work schedules, and offsite parking with shuttles and provides subsidies for transit passes to reduce worker trips and parking demand, which provides incentives for using alternative modes of transportation instead of individual vehicles.
o Implement an operational transportation demand management plan for each project component that requires mandatory employer commuting measures, such as carpooling, transit subsidies, and vanpools, to reduce worker trips and parking demand, which provides incentives for using alternative modes of transportation instead of individual vehicles.
o Ensure that bicycle parking is included in the project design. The number of spaces shall be, at a minimum, 5% of the new
automobile parking spaces.
x Carbon Sequestration and Land Use
o Install trees and shrub planters throughout the project area as part of the landscape plan.
MMǦGHGǦ3:ComplywiththeApplicableCityCAPMeasures(City Program–DevelopmentComponent). Prior to approval of the final design plans, the project proponent/operator and/or its contractor(s) for the City Program – Development Component shall list all GHG-reducing measures from the City’s CAP and demonstrate in the plans where these measures shall be located. A report demonstrating compliance shall be submitted to the City’s Community Development Department. Buildings associated with the proposed project component shall achieve certification under the LEED program, or the Green Building Rating Systems of the Green Building Certification Institute, or achieve equivalent efficiency if it is determined that LEED certification cannot be achieved because of site factors or other reasons.
The following is a list of proposed sustainability measures from the City CAP that shall be required and incorporated into the Coastal Development Permit for the City Program – Development Component.
Timing:Prior to approval of
final design plans
Method:Demonstrate
compliance with all applicable
GHG-reducing measures from
the City’s CAP and achieve LEED
certification or equivalent
efficiency where applicable.
Implementation:Applicable Project
Proponent for Component/Operator and
Contractor(s)
MonitoringandReporting: Applicable
Project Proponent for Component
Verification: City’s Community
Development Department
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MitigationMeasures TimingandMethods ResponsibleParties x Incorporate energy efficiency design features that exceed 2019 Title 24 California Building Energy Efficiency Standards.
x Prioritize parking for high-occupancy vehicles as well as carpooling, vanpooling, and transit vehicles.
x Ensure that at a minimum 6% of parking spaces are equipped with electric-vehicle charging stations.
x Ensure that bicycle parking is included in the project design. The number of spaces shall be, at a minimum, 5% of the new automobile parking spaces.
x Encourage telework programs and alternative work schedules for new businesses.
x Provide financial incentives for commuters to reduce the number of vehicle trips by walking, bicycling, using public transit, and carpooling.
x Implement programs to reduce, reuse, and recycle construction and demolition waste.
x Encourage rooftop gardens for flat-roofed commercial buildings. x Pursue a pump efficiency cycling schedule.
x Adopt water efficiency principles similar to the Ahwahnee Water Principles for Resource Efficient Land Use (available at https://www.lgc.org/wordpress/docs/ahwahnee/
ahwahnee_water_principles.pdf), such as the following:
o Use compact, mixed-use, walkable, and transit-oriented community designs;
o Preserve and restore natural resources such as wetlands, floodplains, recharge zones, riparian areas, open spaces, and native habitats;
o Utilize water holding areas such as creek beds, recessed athletic fields, ponds, cisterns, and other features that serve to recharge groundwater, reduce runoff, improve water quality, and decrease flooding;
o Use low-water plantings in landscaping;
o Use permeable surfaces for hardscapes;
o Install dual plumbing that allows reuse of gray water; o Maximize use of recycled water in the project design;
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FinalEnvironmentalImpactReport MMRPͲ34 September2022
MitigationMeasures TimingandMethods ResponsibleParties o Use low-flow toilets, efficient clothes washers, and efficient water- using industrial equipment in new construction; and
o Maximize the use of drought-proof water supplies, such as groundwater treatment and brackish water desalination.
x Install trees and shrub planters throughout the project area as part of the landscape plan.
MMǦGHGǦ4:UseModernHarborCraftforWatersideConstruction Activities(GBCapitalComponent).Prior to commencing any waterside construction or activities, the project proponent/operator and/or its contractor(s) for the GB Capital Component shall ensure that any harbor craft, including, but not limited to, tugboats, pusher tugs, tow boats, work boats, crew boats, and supply boats for use during the duration of any in- water work, shall meet the following criteria:
x For all construction between 2020 and 2025, ensure all equipment is Tier 3 or better (cleaner);
x For all construction after 2025, ensure all equipment is alternatively fueled or electrically powered. If alternatively fueled or electrically powered equipment that emits fewer emissions than Tier 4 or better (cleaner) equipment is not available, then the project proponent shall ensure all equipment is Tier 4 or better; and
x Use renewable diesel fuel in all heavy-duty, off-road diesel-fueled equipment. Renewable diesel must meet the most recent ASTM D975 specification for ultra-low-sulfur diesel and have a carbon intensity no greater than 50% of diesel with the lowest carbon intensity among petroleum diesel fuels sold in California.
If clean harbor craft are not available within 200 miles of the project site for the duration of all dredging activities, the project proponent/operator and/or its contractor(s) for the GB Capital Component shall prioritize the use of equipment that is maintained and properly tuned in accordance with manufacturers’ specifications. The project proponent/operator and/or its contractor(s) for the GB Capital Component shall document and submit evidence to the District’s Development Services Department (or successor department) or the City’s Community Development Department, depending upon the jurisdiction that the project component is located in, prior to commencement of waterside construction activities.
Regardless of the equipment used, the project proponent/operator Timing:Prior to waterside
construction
Method:Ensure harbor craft
meet clean emissions criteria
and submit evidence of
compliance prior to their use.
Implementation:Applicable Project
Proponent for Component/Operator
and/or Contractors
MonitoringandReporting: Applicable
Project Proponent for Component
Verification: District’s Development
Services Department and City’s
Community Development Services
Department
SanDiegoUnifiedPortDistrict
MitigationMonitoringandReportingProgram
NationalCityBayfrontProjectsandPlanAmendments
FinalEnvironmentalImpactReport MMRPͲ35 September2022
MitigationMeasures TimingandMethods ResponsibleParties and/or its contractor(s) for each project component with waterside construction activities shall verify that all equipment has been checked by a mechanic experienced with such equipment and determined to be running in proper condition prior to admittance into the construction area. The project proponent/operator and/or its contractor(s) for each project component with waterside construction activities shall submit a report prepared by the mechanic experienced with such equipment regarding the condition of the vehicles and equipment for construction and operations to the District’s Development Services Department or the City’s Community Development Department, depending upon the jurisdiction that the project component is located in, prior to commencement of their use.
MMǦGHGǦ5:ImplementElectricHeatingandZeroǦNetǦEnergy Buildings(GBCapitalComponent,BalancedPlan,CityProgram– DevelopmentComponent). The City and the District shall require all development to meet the state’s ZNE standards, if and when adopted as part of the California Building Code. In addition, the City and the District shall encourage project developers to construct buildings that are ZNE.
Prior to issuance of any Coastal Development Permit or City-issued permit, as applicable, the project proponents/operators and/or its contractor(s) shall submit a feasibility analysis, prepared by a qualified consultant, regarding the construction of buildings as ZNE, and the project component shall implement all feasible measures identified in the feasibility analysis (e.g., electric heating). Prior to implementation of all feasible measures, this report shall be submitted to the District for review and approval for the GB Capital Component (all phases) and Balanced Plan, and submitted to the City for review and approval for the City Program – Development Component.
Timing:Prior to constriction
Method:Require development
to meet the state’s ZNE
standards if adopted, encourage
construction of ZNE buildings,
and require a feasibility and
analysis.
Implementation:Applicable Project
Proponents for Components
MonitoringandReporting: Applicable
Project Proponents for Components
Verification: District and City
MMǦGHGǦ6:ImplementaRenewableEnergyProjectOnSite,or OtherVerifiableActionsorActivitiesonTidelandsorWithin AnotherAdjacentMemberCity,orPurchasetheEquivalentGHG OffsetsfromaCARB–ApprovedRegistryoraLocallyApproved EquivalentProgram(GBCapitalComponentandBalancedPlan). A. Options for Reducing GHG Emissions.
To reach the numerical efficiency metric, each project proponent shall, in order of preference, considering availability of structures and feasibility, Timing:Prior to and during
construction
Method:Incorporate
renewable energy and
implement measures to limit
GHG emissions or purchase GHG
emissions offset credits.
Implementation:Applicable Project
Proponents for Components
MonitoringandReporting: Applicable
Project Proponents for Components
Verification: District and City
SanDiegoUnifiedPortDistrict
MitigationMonitoringandReportingProgram
NationalCityBayfrontProjectsandPlanAmendments
FinalEnvironmentalImpactReport MMRPͲ36 September2022
MitigationMeasures TimingandMethods ResponsibleParties implement the following, which may be combined with consideration to the preference described below:
1. Incorporate renewable energy
a) On the project site;
b) Within the District’s jurisdiction; or
c) Within the adjacent community or member city outside of the District’s jurisdiction.
2. Undertake other verifiable actions or activities on tidelands approved by the District, such as electrification of equipment, including vehicles and trucks; financial contribution to a future local or GHG emission reduction program on tidelands; or similar activities or actions that reduce operational GHG emissions;
3. Purchase GHG emission offset credits that (1) are real, additional, permanent, quantifiable, verifiable, and enforceable, as specified in California Health and Safety Code Section 38562(d)(1) and (2) and further defined in CCR Title 17, Section 95802 (see below); (2) use a protocol consistent with or as stringent as CARB protocol requirements under CCR Title 17, Section 95972(a); and (3) are issued by an CARB-approved offset registry.1 For offset credits from projects outside California, the project proponent must demonstrate in writing to the satisfaction of the District that the offset project meets requirements equivalent to or stricter than California’s laws and regulations, ensuring the validity of offset credits.
For purposes of this section, the definitions are as follows:
a) “Real” means, in the context of offset projects, that GHG reductions or GHG enhancements result from a demonstrable action or set of actions and are quantified using appropriate, accurate, and conservative methodologies that account for all GHG emissions sources, GHG sinks, and GHG reservoirs within the offset project boundary and account for uncertainty and the potential for activity- shifting leakage and market-shifting leakage. [17 CCR 95802] b) “Additional” means, in the context of offset credits, GHG emission reductions or removals that exceed any GHG reduction or removals
1 Currently approved offset registries include the American Carbon Registry (ACR), Climate Action Reserve (CAR), and Verra (formerly the Verified Carbon Standard). See: https://ww3.arb.ca.gov/cc/capandtrade/offsets/registries/registries.htm.
SanDiegoUnifiedPortDistrict
MitigationMonitoringandReportingProgram
NationalCityBayfrontProjectsandPlanAmendments
FinalEnvironmentalImpactReport MMRPͲ37 September2022
MitigationMeasures TimingandMethods ResponsibleParties otherwise required by law, regulation, or legally binding mandate, and that exceed any GHG reductions or removals that would otherwise occur in a conservative BAU scenario. [17 CCR 95802]
c) “Permanent” means, in the context of offset credits, either that GHG reductions and GHG removal enhancements are not reversible, or when GHG reductions and GHG removal enhancements may be reversible, that mechanisms are in place to replace any reversed GHG emission reductions and GHG removal enhancements to ensure that all credited reductions endure for at least 100 years. [17 CCR 95802] d) “Quantifiable” means, in the context of offset credits, the ability to accurately measure and calculate GHG reductions or GHG removal enhancements relative to a project baseline in a reliable and replicable manner for all GHG emission sources, GHG sinks, or GHG reservoirs included within the offset project boundary while accounting for uncertainty and activity-shifting leakage and market- shifting leakage. [17 CCR 95802]
e) “Verifiable” means that a non-California offset project is located in a state that has laws and regulations equivalent to or stricter as California’s with respect to ensuring the validity of offsets and an Offset Project Data Report assertion is well documented and transparent such that it lends itself to an objective review by an accredited verification body. [17 CCR 95802]
f) “Enforceable” means the authority for the offset purchaser to hold the offset provider liable and to take appropriate action if any of the above requirements are not met. [adapted from definition in 17 CCR 95802 for use in this measure] “Enforceable” also means that the offset must be backed by a legal instrument or contract that defines exclusive ownership and the legal instrument can be enforced within the legal system of the State of California.
B. Required Annual GHG Emissions Reductions:
The option(s) implemented pursuant to paragraph A above shall achieve the following required GHG reductions for the activities of the proposed project, assuming full buildout of each project component:
x Balanced Plan (only Pepper Park Expansion) = 836 MTCO 2e per year
or 4,317 MWh/year.
x GB Capital = 6,627 MTCO2e per year or 34,219 MWh/year.
SanDiegoUnifiedPortDistrict
MitigationMonitoringandReportingProgram
NationalCityBayfrontProjectsandPlanAmendments
FinalEnvironmentalImpactReport MMRPͲ38 September2022
MitigationMeasures TimingandMethods ResponsibleParties The required reductions may be reduced by the District, based on the actual amount of development and activities associated with that development and the other adjustment provisions specified below.
C. Implementation of GHG Emissions Reduction Options.
Prior to becoming operational and annually thereafter, the District shall notify the project proponent of the option(s) available for achieving its respective annual maximum GHG required emissions reduction, as identified in paragraph B above, in the order of priority specified above, and the project proponent(s) shall:
1. Develop a renewable energy project(s) or take other verifiable actions or activities identified by the District to meet or partially meet the required amount of MTCO2e or MWh reductions specified above.
a) If the project proponent develops a renewable energy project(s), or takes other verifiable actions or activities to reduce GHG emissions, the project proponent shall submit to the District’s Planning Department (or successor department), for its review and approval, a report specifying the annual amount of MTCO2e or MWh reduction achieved by the renewable energy project(s), or actions, or activities; submit evidence that the renewable energy project(s), actions, or activities are not being used to offset GHG emissions for any other project or entity; and submit any other information requested by the District’s Planning Department (or successor department), to verify the amount of GHG emissions reduction achieved by the renewable energy project, or actions or activities (collectively, “GHG Emission Reduction Report”).
b) If the GHG Emission Reduction Report is approved by the District, a reduction to the required offsets shall be calculated by the District’s Planning Department (or successor department), and the reduction of offsets shall be transmitted to the project proponent in writing and the amount of GHG reduction shall count toward the required GHG reduction for the proposed project component (“GHG Reduction”).
2. Purchase GHG emission offsets in conformance with paragraph A(3) above in an amount sufficient to achieve the required reduction of MTCO
2e or MWh specified above, which may be decreased by the
SanDiegoUnifiedPortDistrict
MitigationMonitoringandReportingProgram
NationalCityBayfrontProjectsandPlanAmendments
FinalEnvironmentalImpactReport MMRPͲ39 September2022
MitigationMeasures TimingandMethods ResponsibleParties amount of annual MTCO2e or MWh reduction that is achieved by any renewable energy project(s) or other verifiable action or activities if developed and/or implemented pursuant to paragraph (1) above.
The purchase of offsets to achieve the required reduction in MTCO2e or MWh shall occur as follows:
a) Each project component shall purchase offsets for its first 2 years of operation.
b) Purchase offsets at least annually thereafter, prior to becoming operational, beginning with the third year of operation, for the life of the proposed project component’s operations or until the termination of a lease agreement (for GB Capital Component only) between the District and the project proponent. The project proponent may purchase more than 1 year of operation emissions offsets, consistent with the amount of MTCO2e or MWh reduction specified above for the corresponding project component.
c) On or before the first year of operation of the respective project proponent and annually thereafter, the project proponent shall submit certificates for offsets purchased to achieve the required GHG emission reductions, including written verification by a qualified consultant approved by the District that the offsets meet the requirements for GHG emissions offset credits set forth in paragraph A(3) above, to the District’s Planning Department (or successor department).
D. Adjustments to Required GHG Emissions Reductions.
If the project proponent complies with paragraphs A(1) or A(2) above, in an amount that meets the total amount of MTCO2e or MWh reductions specified above, or complies with paragraph A(3) above and purchases the requisite offsets, or does a combination of paragraphs A(1), (2), and (3) to meet the reduction target, then nothing further shall be required under this mitigation measure.
1. Reduction of Emissions through Development of a Renewable Energy Project Requirement: Although none are identified at this time, the project proponent may be required by the District to develop a renewable energy project at any time during the life of the project (subject to future approvals and the priorities listed above) and may request a reduction of required offsets. If any reduction in offsets is
SanDiegoUnifiedPortDistrict
MitigationMonitoringandReportingProgram
NationalCityBayfrontProjectsandPlanAmendments
FinalEnvironmentalImpactReport MMRPͲ40 September2022
MitigationMeasures TimingandMethods ResponsibleParties requested by the project proponent because of the development of a renewable energy project(s), the project proponent shall submit a GHG Emission Reduction Report for the District’s Planning Department’s (or successor department’s) review, pursuant to the process specified above in paragraph C(1) above, and required offsets shall be determined by the District and reduced.
2. Reduction of Emissions through Verifiable Actions or Activities on Tidelands Requirement: Although none are identified at this time, the project proponent may be required by the District to take other verifiable actions or activities at any time during the life of the project (subject to future approvals and the priorities listed above) and may request a reduction of required offsets. If any reduction in offsets is requested by the project proponent because of the other verifiable actions or activities on tidelands, the project proponent shall submit a GHG Emission Reduction Report for the District’s Planning Department’s (or successor department’s) review pursuant to the process specified above in paragraph C(1), and required offsets shall be determined by the District and reduced.
3. Reduction of Emissions through Purchase of Offsets: Subsequent to purchasing GHG emission offsets pursuant to paragraph C(2) above, the project proponent’s future annual purchase of offsets to achieve the GHG emissions reduction specific in paragraph B above may be adjusted if the development is less than assumed here, which is the following:
o Balanced Plan includes a 2.54 acre park.
o GB Capital Component landside features, including 134 RV sites; 40,000 square feet of dry boat storage; 60 modular cabins; 10,000- square-foot administration/recreation building; 10,000-square- foot building with restrooms, laundry facilities, and staff support services in the vicinity of the existing marina buildings; and a 4,000-square-foot maintenance building and associated
approximately 8,200-square-foot maintenance yard northeast of the proposed dry boat storage. Waterside uses include 20 moorings in Sweetwater Channel; 620-foot-long and 8-foot-wide floating dock that includes up to 30 fingers, which accommodate up to 50 boats; and a 580-foot-long and 8-foot-wide dock with two
SanDiegoUnifiedPortDistrict
MitigationMonitoringandReportingProgram
NationalCityBayfrontProjectsandPlanAmendments
FinalEnvironmentalImpactReport MMRPͲ41 September2022
MitigationMeasures TimingandMethods ResponsibleParties 80-foot-long and 5-foot-wide gangways within the existing marina basin north of the jetty to accommodate up to 25 smaller boats.
4. The District or a District-retained consultant (at the project proponent cost) shall calculate, using the best available science, the amount of unused GHG reduction offsets, based on the actual development constructed and in operation. Any unused offsets shall be used for the next year of operation of the project component, and the project proponent shall purchase offsets in the necessary amounts (required amount less any unused offsets) for the subject year. This procedure shall be repeated on an annual basis. In the event that newly discovered information shows that an offset, previously certified as compliant pursuant to paragraph C(3)(c), does not comply with the requirements of paragraph A(3), the project proponent shall purchase an equivalent amount of replacement offsets that comply with the requirements of paragraph A(3) within 30 days of receiving notice of the noncompliance. After verification of unused and available offsets, unused offsets may replace previously compliant offsets should those offsets subsequently be determined noncompliant with paragraph A(3). At the project proponent’s written request to the District, the project proponent may waive the annual adjustment described above and purchase the required MTCO
2e or MWh offsets on at least an annual
basis.
MMǦGHGǦ7:ImplementaRenewableEnergyProjectOnSite,or OtherVerifiableActionsorActivitiesWithinNationalCityorWithin anAdjacentCommunity,orPurchasetheEquivalentGHGOffsets fromaCARB–ApprovedRegistryoraLocallyApprovedEquivalent Program(CityProgram–DevelopmentComponent).
A. Options for Reducing GHG Emissions.
To reach the numerical efficiency metric, each project proponent shall, in order of preference, considering availability of structures and feasibility, implement the following, which may be combined with consideration to the preference described below:
1. Incorporate renewable energy
a) On the project site;
b) Within the City’s jurisdiction; or
Timing:Prior to and during
construction
Method:Incorporate
renewable energy and
implement measures to limit
GHG emissions or purchase GHG
emissions offset credits.
Implementation:Applicable Project
Proponent for Component
MonitoringandReporting: Applicable
Project Proponent for Component
Verification: City
SanDiegoUnifiedPortDistrict
MitigationMonitoringandReportingProgram
NationalCityBayfrontProjectsandPlanAmendments
FinalEnvironmentalImpactReport MMRPͲ42 September2022
MitigationMeasures TimingandMethods ResponsibleParties c) Within the adjacent community or the city.
2. Undertake other verifiable actions or activities approved by the City, such as electrification of equipment, including vehicles and trucks; financial contribution to a future local or GHG emission reduction program within the city; or similar activities or actions that reduce operational GHG emissions;
3. Purchase GHG emission offset credits that (1) are real, additional, permanent, quantifiable, verifiable, and enforceable, as specified in California Health and Safety Code Section 38562(d)(1) and (2) and further defined in California CCR Title 17, Section 95802 (see below); (2) use a protocol consistent with or as stringent as CARB protocol requirements under CCR Title 17, Section 95972(a); and (3) are issued by an CARB-approved offset registry.2 For offset credits from projects outside California, the project proponent must demonstrate in writing to the satisfaction of the City that the offset project meets requirements equivalent to or stricter than California’s laws and regulations, ensuring the validity of offset credits.
For purposes of this section, the definitions are as follows:
a) “Real” means, in the context of offset projects, that GHG re ductions or GHG enhancements result from a demonstrable action or set of actions and are quantified using appropriate, accurate, and conservative methodologies that account for all GHG emissions sources, GHG sinks, and GHG reservoirs within the offset project boundary and account for uncertainty and the potential for activity- shifting leakage and market-shifting leakage. [17 CCR 95802] b) “Additional” means, in the co ntext of offset credits, GHG emission reductions or removals that exceed any GHG reduction or removals otherwise required by law, regulation, or legally binding mandate and that exceed any GHG reductions or removals that would otherwise occur in a conservative BAU scenario. [17 CCR 95802] c) “Permanent” means, in the context of offset credits, either that GHG reductions and GHG removal enhancements are not reversible, or when GHG reductions and GHG removal enhancements may be reversible, that mechanisms are in place to replace any reversed
2 Ibid.
SanDiegoUnifiedPortDistrict
MitigationMonitoringandReportingProgram
NationalCityBayfrontProjectsandPlanAmendments
FinalEnvironmentalImpactReport MMRPͲ43 September2022
MitigationMeasures TimingandMethods ResponsibleParties GHG emission reductions and GHG removal enhancements to ensure that all credited reductions endure for at least 100 years. [17 CCR 95802]
d) “Quantifiable” means, in the context of offset credits, the ability to accurately measure and calculate GHG reductions or GHG removal enhancements relative to a project baseline in a reliable and replicable manner for all GHG emission sources, GHG sinks, or GHG reservoirs included within the offset project boundary while accounting for uncertainty and activity-shifting leakage and market-shifting leakage. [17 CCR 95802]
e) “Verifiable” means that a non -California offset project is located in a state that has laws and regulations equivalent to or stricter as California’s with respect to ensuring the validity of offsets and an Offset Project Data Report assertion is well documented and transparent such that it lends itself to an objective review by an accredited verification body. [17 CCR 95802]
f) “Enforceable” means the authority for the offset purchaser t o hold the offset provider liable and to take appropriate action if any of the above requirements are not met. [Adapted from definition in 17 CCR 95802 for use in this measure.] “Enforceable” also means that the offset must be backed by a legal instrument or contract that defines exclusive ownership and the legal instrument can be enforced within the legal system of the State of California.
B. Required Annual GHG Emissions Reductions:
The option(s) implemented pursuant to paragraph A above shall achieve the following required GHG reductions for the activities of the proposed project, assuming full buildout of each project component:
x City Program = 3,549 MTCO2e per year or 18,323 MWh/year.
The required reductions may be reduced by the City, based on the actual amount of development and activities associated with that development and the other adjustment provisions specified below.
C. Implementation of GHG Emissions Reduction Options.
Prior to becoming operational and annually thereafter, the City shall notify the project proponent of the option(s) available for achieving its respective annual maximum GHG required emissions reduction, as
SanDiegoUnifiedPortDistrict
MitigationMonitoringandReportingProgram
NationalCityBayfrontProjectsandPlanAmendments
FinalEnvironmentalImpactReport MMRPͲ44 September2022
MitigationMeasures TimingandMethods ResponsibleParties identified in paragraph B above, in the order of priority specified above, and the project proponent(s) shall:
1. Develop a renewable energy project(s) or take other verifiable actions or activities identified by the City to meet or partially meet the required amount of MTCO2e or MWh reductions specified above. a) If the project proponent develops a renewable energy project (s), or takes other verifiable actions or activities to reduce GHG emissions, the project proponent shall submit to the City’s Community Development Department, for its review and
approval, a report specifying the annual amount of MTCO2e or MWh reduction achieved by the renewable energy project(s), or actions, or activities; submit evidence that the renewable energy project(s), actions, or activities are not being used to offset GHG emissions for any other project or entity; and submit any other information requested by the City’s Community Development Department to verify the amount of GHG emissions reduction achieved by the renewable energy project, or actions or activities (collectively, “GHG Emission Reduction Report”).
b) If the GHG Emission Reduction Report is approved by the City , a reduction to the required offsets shall be calculated by the City’s Community Development Department, and the reduction of
offsets shall be transmitted to the project proponent in writing and the amount of GHG reduction shall count toward the
required GHG reduction for the proposed project (“GHG
Reduction”).
2. Purchase GHG emission offsets in conformance with paragraph A(3) above in an amount sufficient to achieve the required reduction of MTCO
2e or MWh specified above, which may be decreased by the amount of annual MTCO2e or MWh reduction that is achieved by any renewable energy project(s) or other verifiable action or activities if developed and/or implemented pursuant to paragraph (1) above.
The purchase of offsets to achieve the required reduction in MTCO2e or MWh shall occur as follows:
a) Each project component shall purchase offsets for its first 2 years of operation;
SanDiegoUnifiedPortDistrict
MitigationMonitoringandReportingProgram
NationalCityBayfrontProjectsandPlanAmendments
FinalEnvironmentalImpactReport MMRPͲ45 September2022
MitigationMeasures TimingandMethods ResponsibleParties b) Purchase offsets at least ann ually thereafter, prior to becoming operational, beginning with the third year of operation, for the life of the proposed project component’s operations or until the termination of any lease agreement between the City and the project proponent. The project proponent may purchase more than 1 year of operation emissions offsets, consistent with the amount of MTCO2e or MWh reduction specified above for the corresponding project component.
c) On or before the first year of operation of the respective p roject proponent and annually thereafter, the project proponent shall submit certificates for offsets purchased to achieve the required GHG emission reductions, including written verification by a qualified consultant approved by the City that the offsets meet the requirements for GHG emission offset credits set forth in paragraph A(3) above, to the City’s Community Development Department.
D. Adjustments to Required GHG Emissions Reductions.
If the project proponent complies with paragraphs A(1) or A(2) above, in an amount that meets the total amount of MTCO2e or MWh reductions specified above in the reduction target, or complies with paragraph A(3) above and purchases the requisite offsets, or does a combination of paragraphs A(1), (2), and (3) to meet the reduction target, then nothing further shall be required under this mitigation measure.
1. Reduction of Emissions through Development of a Renewable Energy Project Requirement: Although none are identified at this time, the project proponent may be required by the City to develop a renewable energy project at any time during the life of the project (subject to future approvals and the priorities listed above) and may request a reduction of required offsets. If any reduction in offsets is requested by the project proponent because of the development of a renewable energy project(s), the project proponent shall submit a GHG Emission Reduction Report for the City’s Community
Development Department’s review, pursuant to the process specified above in paragraph C(1) above, and required offsets shall be determined by the City and reduced.
2. Reduction of Emissions through Verifiable Actions or Activities in the City of National City Requirement: Although none are identified at
SanDiegoUnifiedPortDistrict
MitigationMonitoringandReportingProgram
NationalCityBayfrontProjectsandPlanAmendments
FinalEnvironmentalImpactReport MMRPͲ46 September2022
MitigationMeasures TimingandMethods ResponsibleParties this time, the project proponent may be required by the City to take other verifiable actions or activities at any time during the life of the project (subject to future approvals and the priorities listed above) and may request a reduction of required offsets. If any reduction in offsets is requested by the project proponent because of the other verifiable actions or activities on tidelands, the project proponent shall submit a GHG Emission Reduction Report for the City’s Community Development Department’s review pursuant to the process specified above in paragraph C(1), and required offsets shall be determined by the City and reduced.
3. Reduction of Emissions through Purchase of Offsets: Subsequent to purchasing GHG emission offsets pursuant to paragraph C(2) above, the project proponent’s future annual purchase of offsets to achieve the GHG emissions reduction specific in paragraph B above may be adjusted if the development is less than assumed here, which is the following:
o City Program Plan includes a 150-room hotel along with 15,500 square feet of restaurant space and 12,000 square feet of retail space.
4. The City or a City-retained consultant (at the project proponent cost) shall calculate, using the best available science, the amount of unused GHG reduction offsets, based on the actual development constructed and in operation. Any unused offsets shall be used for the next year of operation of the project component, and the project proponent shall purchase offsets in the necessary amounts (required amount less any unused offsets) for the subject year. This procedure shall be repeated on an annual basis. In the event that newly discovered information shows that an offset, previously certified as compliant pursuant to paragraph C(3)(c), does not comply with the requirements of paragraph A(3), the project proponent shall purchase an equivalent amount of replacement offsets that comply with the requirements of paragraph A(3) within 30 days of receiving notice of the noncompliance. After verification of unused and available offsets, unused offsets may replace previously compliant offsets should those offsets subsequently be determined noncompliant with paragraph A(3). At the project proponent’s written request to the City, the project proponent may waive the
SanDiegoUnifiedPortDistrict
MitigationMonitoringandReportingProgram
NationalCityBayfrontProjectsandPlanAmendments
FinalEnvironmentalImpactReport MMRPͲ47 September2022
MitigationMeasures TimingandMethods ResponsibleParties annual adjustment described above and purchase the required MTCO2e or MWh offsets on at least an annual basis.
HazardsandHazardousMaterials
MMǦHAZǦ1:PrepareandImplementaSoilandGroundwater ManagementPlan(CityProgram–DevelopmentComponent).Prior to the City’s approval of the project grading plans and the commencement of any construction activities that would disturb the soil on the City Program – Development Component site, the project proponent shall retain a licensed Professional Geologist, Professional Engineering Geologist, or Professional Engineer with experience in contaminated site redevelopment and restoration to prepare and submit a Soil and Groundwater Management Plan to the City for review and approval. After the City’s review and approval, the project proponent shall implement the Soil and Groundwater Management Plan, which shall include the following:
x ASiteContaminationCharacterizationReport (Characterization Report) delineating the vertical and lateral extent and concentration of residual contamination from the site’s past uses throughout the City Program – Development Component construction area. The Characterization Report shall include a compilation of data based on historical records review and from prior reports and investigations and, where data gaps are found, include new soil and groundwater sampling to characterize the existing vertical and lateral extent and concentration of residual contamination. The project proponent shall coordinate with the County of San Diego Department of Health if the Characterization Report identifies contamination.
x A SoilTestingandProfilingPlan (Testing and Profiling Plan) for those materials that shall be disposed of during construction. Testing shall occur for all potential contaminants of concern, including CA T itle 22
metals, PAHs, VOCs, pesticides, PCBs, TPH, PAHs, or any other potential contaminants, as specified within the Testing and Profiling Plan. The Testing and Profiling Plan shall document compliance with CA Title 22 for proper identification and segregation of hazardous and solid waste as needed for acceptance at a CA Title 22–compliant offsite disposal facility. All excavation activities shall be actively monitored by a Registered Environmental Assessor for the potential Timing:Prior to approval of
grading plans and construction
activities
Method:Prepare and submit a
Soil and Groundwater
Management Plan to evaluate,
test, handle, and dispose of soil
and groundwater properly.
Implementation:Licensed Professional
Geologist, Professional Engineering
Geologist, or Professional Engineer,
Retained by the Applicable Project
Proponent for Component
MonitoringandReporting: Applicable
Project Proponent for Component
Verification: City
SanDiegoUnifiedPortDistrict
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FinalEnvironmentalImpactReport MMRPͲ48 September2022
MitigationMeasures TimingandMethods ResponsibleParties presence of contaminated soils and for compliance with the Testing and Profiling Plan.
x A SoilDisposalPlan (Disposal Plan), which shall describe the process for excavation, stockpiling, dewatering, treating, and loading and hauling of soil from the site. This plan shall be prepared in accordance with the Testing and Profiling Plan (i.e., in accordance with CA Title 22 and DOT Title 40 CFR Part 263, California Code of Regulations Title 27), and current industry best practices for the prevention of cross contamination, spills, or releases. Measures shall include, but not be limited to, segregation into separate piles for waste profile analysis based on organic vapor, and visual and odor monitoring.
x A SiteWorkerHealthandSafetyPlan (Safety Plan) to ensure compliance with 29 CFR Part 120, Hazardous Waste Operations and Emergency Response regulations for site workers at uncontrolled hazardous waste sites. The Safety Plan shall be based on the Characterization Report and the planned site construction activity to ensure that site workers potentially exposed to site contamination in soil are trained, equipped, and monitored during site activity. The training, equipment, and monitoring activities shall ensure that workers are not exposed to contaminants above personnel exposure limits established by Table Z, 29 CFR Part 1910.1000. The Safety Plan shall be signed by and implemented under the oversight of a California State Certified Industrial Hygienist.
MMǦHAZǦ2: PrepareandImplementaMonitoringandReporting Program(CityProgram–DevelopmentComponent).Prior to commencement of construction of the City Program – Development Component, the project proponent shall prepare a Monitoring and Reporting Program and submit it to the City for review and approval. The Monitoring and Reporting Program shall be implemented during and upon completion of construction of the City Program – Development Component. The Monitoring and Reporting Program shall document implementation of the Soil and Groundwater Management Plan, including the Testing and Profiling Plan, Disposal Plan, and Safety Plan, as required by MMǦHAZǦ1. The Monitoring and Reporting Program shall include a requirement that the project proponent submit monthly reports (starting with the first ground disturbance activities and ending at the completion Timing:Prior to construction
Method:Prepare and
implement a Monitoring and
Reporting Program and submit
monthly reports documenting
compliance.
Implementation: Applicable Project
Proponent for Component, Licensed
Professional Geologist, Professional
Engineering Geologist, or Professional
Engineer
MonitoringandReporting: Applicable
Project Proponent for Component
Verification: City
SanDiegoUnifiedPortDistrict
MitigationMonitoringandReportingProgram
NationalCityBayfrontProjectsandPlanAmendments
FinalEnvironmentalImpactReport MMRPͲ49 September2022
MitigationMeasures TimingandMethods ResponsibleParties of ground disturbance activities) to the City, signed and certified by the licensed Professional Geologist, Professional Engineering Geologist, or Professional Engineer, as applicable, documenting compliance with the provisions of these plans and the overall Soil and Groundwater Management Plan.
MMǦHAZǦ3: PrepareandSubmitaProjectCloseoutReport(City Program–DevelopmentComponent).Within 30 days of completion of landside construction of the City Program – Development Component, the project proponent shall prepare a Project Closeout Report and submit it to the City for review and approval. The Project Closeout Report shall summarize all environmental activity at the site and document implementation of the Soil and Groundwater Management Plan, as required by MMǦHAZǦ1, and the Monitoring and Reporting Program, as required by MMǦHAZǦ2.
Timing:Within 30 days of
landslide construction
completion
Method:Prepare and submit a
Project Closeout Report
summarizing all environmental
activity and documenting
compliance with MM-HAZ-1 and
MM-HAZ-2.
Implementation:Applicable Project
Proponent for Component
MonitoringandReporting: Applicable
Project Proponent for Component
Verification: City
MMǦHAZǦ4:PrepareandImplementaSoilandGroundwater ManagementPlan (PashaRoadClosuresComponent,PashaRail ImprovementComponent,andBayshoreBikewayComponent).Prior to the District’s and the City’s, as applicable, approval of the project’s grading plans and the commencement of any construction activities that would disturb the soil, the project proponent shall retain a licensed Professional Geologist, Professional Engineering Geologist, or Professional Engineer with experience in contaminated site redevelopment and restoration, to prepare and submit a Soil and Groundwater Management Plan to the District‘s Environmental Protection Department and the City, as applicable, for review and approval. After the District’s and the City’s, as applicable, review and approval, the project proponent shall implement the Soil and Groundwater Management Plan, which shall include the following:
x ASiteContaminationCharacterizationReport (Characterization Report) delineating the vertical and lateral extent and concentration of residual contamination from the site’s past uses throughout the Pasha Road Closure Component construction area. The
Characterization Report shall include a compilation of data based on historical records review and from prior reports and investigations and, where data gaps are found, include new soil and groundwater sampling to characterize the existing vertical and lateral extent and Timing:Prior to approval of
grading plans and construction
activities
Method:Prepare and submit a
Soil and Groundwater
Management Plan to evaluate,
test, handle, and dispose of soil
and groundwater properly.
Implementation:Licensed Professional
Geologist, Professional Engineering
Geologist, or Professional Engineer,
Retained by the Applicable Project
Proponents for Components
MonitoringandReporting: Applicable
Project Proponents for Components, with
approval by the District and City
Depending on Jurisdiction
Verification: District and City
SanDiegoUnifiedPortDistrict
MitigationMonitoringandReportingProgram
NationalCityBayfrontProjectsandPlanAmendments
FinalEnvironmentalImpactReport MMRPͲ50 September2022
MitigationMeasures TimingandMethods ResponsibleParties concentration of residual contamination. The project proponent shall coordinate with the County of San Diego Department of Health if the Characterization Report identifies contamination.
x A SoilTestingandProfilingPlan (Testing and Profiling Plan) for those materials that shall be disposed of during construction. Testing shall occur for all potential contaminants of concern, including CA Title 22 metals, PAHs, VOCs, pesticides, PCBs, TPH, PAHs, or any other potential contaminants, as specified within the Testing and Profiling Plan. The Testing and Profiling Plan shall document compliance with CA Title 22 for proper identification and segregation of hazardous and solid waste as needed for acceptance at a CA Title 22–compliant offsite disposal facility. All excavation activities shall be actively monitored by a Registered Environmental Assessor for the potential presence of contaminated soils and for compliance with the Testing and Profiling Plan.
x A SoilDisposalPlan (Disposal Plan), which shall describe the process for excavation, stockpiling, dewatering, treating, and loading and hauling of soil from the site. This plan shall be prepared in accordance with the Testing and Profiling Plan (i.e., in accordance with CA Title 22 and DOT Title 40 CFR Part 263, California Code of Regulations Title 27), and current industry best practices for the prevention of cross contamination, spills, or releases. Measures shall include, but not be limited to, segregation into separate piles for waste profile analysis based on organic vapor, and visual and odor monitoring.
x A SiteWorkerHealthandSafetyPlan (Safety Plan) to ensure compliance with 29 CFR Part 120, Hazardous Waste Operations and Emergency Response regulations for site workers at uncontrolled hazardous waste sites. The Safety Plan shall be based on the Characterization Report and the planned site construction activity to ensure that site workers potentially exposed to site contamination in soil are trained, equipped, and monitored during site activity. The training, equipment, and monitoring activities shall ensure that workers are not exposed to contaminants above personnel exposure limits established by Table Z, 29 CFR Part 1910.1000. The Safety Plan shall be signed by and implemented under the oversight of a California State Certified Industrial Hygienist.
SanDiegoUnifiedPortDistrict
MitigationMonitoringandReportingProgram
NationalCityBayfrontProjectsandPlanAmendments
FinalEnvironmentalImpactReport MMRPͲ51 September2022
MitigationMeasures TimingandMethods ResponsibleParties MMǦHAZǦ5: PrepareandImplementaMonitoringandReporting Program(PashaRoadClosuresComponent,PashaRail
ImprovementComponent,andBayshoreBikewayComponent).Prior to commencement of construction of the Pasha Road Closures Component,Pasha Rail Improvement Component, and Bayshore Bikeway Component, the respective project proponent shall prepare a Monitoring and Reporting Program and submit it to the District’s Environmental Protection Department and the City, as applicable, for review and approval. The Monitoring and Reporting Program shall be implemented during and upon completion of construction of the Pasha Road Closures Component, Pasha Rail Improvement Component, and Bayshore Bikeway Component. The Monitoring and Reporting Program shall document implementation of the Soil and Groundwater Management Plan, including the Testing and Profiling Plan, Disposal Plan, and Safety Plan, as required by MMǦHAZǦ4. The Monitoring and Reporting Program shall include a requirement that the project proponent submit monthly reports (starting with the first ground disturbance activities and ending at the completion of ground disturbance activities) to the District’s Development Services Department and the City, as applicable, signed and certified by the licensed Professional Geologist, Professional Engineering Geologist, or Professional Engineer, as applicable, documenting compliance with the provisions of these plans and the overall Soil and Groundwater Management Plan.
Timing:Prior to construction
Method:Prepare and
implement a Monitoring and
Reporting Program and submit
monthly reports documenting
compliance.
Implementation:Applicable Project
Proponents for Components, Licensed
Professional Geologist, Professional
Engineering Geologist, or Professional
Engineer
MonitoringandReporting: Applicable
Project Proponents for Components
Verification: District and City
MMǦHAZǦ6: PrepareandSubmitaProjectCloseoutReport(Pasha RoadClosuresComponent,PashaRailImprovementComponent, andBayshoreBikewayComponent).Within 30 days of completion of landside construction of the Pasha Road Closures Component,Pasha Rail Improvement Component, and Bayshore Bikeway Component, the project proponent shall prepare a Project Closeout Report and submit it to the District’s Environmental Protection Department and the City, as applicable, for review and approval. The Project Closeout Report shall summarize all environmental activity at the site and document implementation of the Soil and Groundwater Management Plan, as required by MMǦHAZǦ4, and the Monitoring and Reporting Program, as required by MMǦHAZǦ5.
Timing:Within 30 days of
landslide construction
completion
Method:Prepare and submit a
Project Closeout Report
summarizing all environmental
activity and documenting
compliance with MM-HAZ-1 and
MM-HAZ-2.
Implementation:Applicable Project
Proponents for Components
MonitoringandReporting: Applicable
Project Proponents for Components
Verification: District and City
SanDiegoUnifiedPortDistrict
MitigationMonitoringandReportingProgram
NationalCityBayfrontProjectsandPlanAmendments
FinalEnvironmentalImpactReport MMRPͲ52 September2022
MitigationMeasures TimingandMethods ResponsibleParties MMǦHAZǦ7: CoordinatewiththeDEH(CityProgram–Development Component).Prior to ground disturbing activities on the City Program – Development Component site, the project proponent for the City Program – Development Component shall coordinate with the DEH to reopen VAP Cases #H23772-005, #H36620-001, and #H23772-004 to determine if the existing conditions would be below acceptable cleanup thresholds for hotel use. If the DEH determines the onsite conditions do not meet thresholds for future hotel uses, the project proponent must comply with the requirements of the DEH to achieve remediation standards.
Timing:Prior to ground-
disturbing activities
Method:Coordinate with the
DEH to determine if existing
conditions are below cleanup
thresholds or comply with
requirements to achieve
remediations.
Implementation:Applicable Project
Proponent for Component
MonitoringandReporting: Applicable
Project Proponent for Component
Verification: City
MMǦHAZǦ8:MaintainEmergencyAccessRoadDuringConstruction (PashaRoadClosuresComponent).A temporary emergency access road shall be maintained by the project proponent at all times during construction of the Pasha Road Closures Component. The location and components, as defined per the California Fire Code, of the temporary emergency access road shall be submitted to the City Fire Marshal for review and approval prior to closure of the roadway(s) to through-traffic.
Written verification of inclusion of the temporary emergency vehicle access shall be provided to the District’s Director of Planning prior to closure of the roadway(s) to through-traffic. Said written verification can be provided via a copy of the plans that have been stamped/approved by the City Fire Marshal, or the Fire Marshal’s designee, or verification can be provided with a copy of the Fire Permit.
Timing:During construction
Method:Submit location and
components of a temporary
emergency access road for
approval and maintain
emergency access during
construction.
Implementation:Applicable Project
Proponent for Component
MonitoringandReporting: Applicable
Project Proponent for Component
Verification: City Fire Marshal, District’s
Director of Planning
MMǦHAZǦ9:CoordinatewiththeCityFireMarshal (PashaRoad ClosuresComponent). Prior to closure of the Pasha Road Closures Component to through-traffic, the project proponent for said project component shall prepare and submit plans to the City Fire Marshal for review and approval that demonstrate compliance with applicable state and local fire code regulations related to secondary access, emergency access, and maximum dead-end road length. At a minimum, the plans shall demonstrate that the project will include the following items related to emergency vehicle access:
x An emergencyaccessroad, on the existing alignment of Tidelands Avenue between Bay Marina Drive and the 32nd Street, that has an unobstructed minimum width of 20 feet (or 26 feet when a fire hydrant is located on the emergency access road), exclusive of Timing:Prior to Pasha Road
closure
Method:Prepare and submit
road-closure plans for review
and approval that demonstrate
compliance with applicable
state and local fire code
regulations.
Implementation:Applicable Project
Proponent for Component
MonitoringandReporting: Applicable
Project Proponent for Component
Verification: City Fire Marshal
SanDiegoUnifiedPortDistrict
MitigationMonitoringandReportingProgram
NationalCityBayfrontProjectsandPlanAmendments
FinalEnvironmentalImpactReport MMRPͲ53 September2022
MitigationMeasures TimingandMethods ResponsibleParties shoulders or rolled curbs. The emergency access road shall be paved using an all-weather surface and shall support the imposed loads (75,000 pounds) of a fire apparatus. The emergency access road shall include official approved signs or other approved notices or markings that include the words “NO PARKING – FIRE LANE.” At all times, the emergency access road shall not be obstructed in any manner, including the parking of vehicles.
x Any entrance/exitgates to/from the Pasha Road Closures Component shall be equipped with Knox Key Switches and
Emergency Strobes to provide emergency vehicle access, including ingress and egress. A lock box (Knox Key Switch for fire and police) shall be required in conjunction with a detector/strobe switch to allow emergency vehicles to flash a vehicle-mounted strobe light towards the detector/strobe switch, which in turn overrides the system and opens the gate. The lock box and detector/strobe switch shall be placed at the front of each gate (the side of the gate that is adjacent to a public street). Any electric gate opener shall be listed in accordance with UL 325. Gates utilizing emergency strobe operation shall be designed, constructed, and installed to comply with requirements of ASTM F2200, and shall be maintained operational at all times, including but not limited to, in the event of an electrical outage. Any entrance/exist gates to/from the Pasha Road Closures Component shall maintain an unobstructed vertical clearance of a minimum of 13 feet, 6 inches.
x Firehydrants shall be located throughout the Pasha Road Closures Component site and shall be spaced no less than 400 feet apart. Fire hydrants shall be located within 400 feet of all locations that are roadway accessible (measurement starts from the nearest existing fire hydrant to the Pasha Road Closures Component site). Where a fire hydrant is located on an emergency access road, the minimum road width shall be 26 feet. All turns available for fire access and travel shall maintain a minimum radius of 28 feet.
Prior to utilization of the Pasha Road Closures Component for marine- related operations, the above-described emergency vehicle access shall be field-verified by the City Fire Marshal, or the Fire Marshal’s designee.
Written verification of inclusion of the above-described emergency vehicle access shall be provided to the District’s Director of Planning
SanDiegoUnifiedPortDistrict
MitigationMonitoringandReportingProgram
NationalCityBayfrontProjectsandPlanAmendments
FinalEnvironmentalImpactReport MMRPͲ54 September2022
MitigationMeasures TimingandMethods ResponsibleParties prior to Pasha’s utilization of the Pasha Road Closures Component for marine-related operations. Said written verification can be provided via a copy of the plans that have been stamped/approved by the City Fire Marshal, or the Fire Marshal’s designee, or verification can be provided with a copy of the Fire Permit.
MMǦHAZǦ11:ManageMarinaWayRealignmentConditions
(BalancedPlanorGBCapitalComponent). The Marina Way Realignment proposed as part of the Balanced Plan (or GB Capital Component) shall not include traffic calming devices (e.g., speed humps), unless prior-written approval is obtained from the City Fire Marshal. Timing:Prior to construction
Method:Ensure traffic-calming
devices are not included unless
prior-written approval is
obtained.
Implementation:Applicable Project
Proponents for Components
MonitoringandReporting: Applicable
Project Proponents for Components
Verification: City Fire Marshal
LandUseandPlanning
MMǦLUǦ2:DesignthePepperParkExpansiontoAccountforSeaǦ LevelRisethrough2050(BalancedPlan). The project proponent for the Pepper Park expansion shall design the park to accommodate water during future flooding events. Methods to accommodate water during future flooding events include, but are not limited to:
x Elevating the waterside promenades
x Regrading coastal edges and/or inland portions of the park as appropriate
x Creating living shorelines
x Ensuring that any new vegetation is salt tolerant
x Developing an operational plan to close the parking lot and move parked vehicles prior to storm events
x Including pervious surfaces such as turf, sand, and pervious concrete Moreover, the public access to Pepper Park shall be restricted during flood events.
If any structures are constructed in Pepper Park, prior to construction, the project proponent shall conduct an engineering-level, site-specific assessment of the projected SLR at the site through 2050.
Additionally, the project proponent shall create an early warning system to monitor the risk of potential flooding of any structure. An early warning system should consist of protocols for obtaining information on local weather alerts and established levels at which additional action (e.g., sandbagging) will be taken. Also, the project proponent shall Timing:During design of
Pepper Park expansion
Method:Design the Pepper
Park expansion to
accommodate water during
future flooding events, conduct
site-specific assessment of the
projected SLR through 2050,
and create an early warning
system.
Implementation:Applicable Project
Proponent for Component
MonitoringandReporting: Applicable
Project Proponent for Component
Verification: Applicable Project
Proponent for Component
SanDiegoUnifiedPortDistrict
MitigationMonitoringandReportingProgram
NationalCityBayfrontProjectsandPlanAmendments
FinalEnvironmentalImpactReport MMRPͲ55 September2022
MitigationMeasures TimingandMethods ResponsibleParties establish emergency evacuation procedures for people to relocate to higher ground on short notice. Before a large storm, deployment of sandbags or inflatable barriers shall occur if deemed necessary.
MMǦLUǦ3:ConductEngineeringǦLevel,SiteǦSpecificAssessmentof SeaǦLevelRisethrough2050(GBCapitalComponent). The project proponent for the GB Capital Component shall conduct an engineering- level, site-specific assessment of the projected SLR at the site through 2050. If the assessment projects the jetty to be temporarily inundated by 2050, the development on the jetty shall include the following:
SmartDesignDecisions–tobeincorporatedintobuildingdesignandpart ofconstruction:
x Place any mechanical and electrical equipment at least 2 feet above the design flood elevation to reduce risk of flood damage. If equipment must be placed in lower areas, elevate base or ensure assets are composed of flood damage–resistant materials. x Design water supply, sanitary sewage, and stormwater systems to minimize or eliminate infiltration of flood waters into systems and vice versa.
x Ensure that all building exterior walls are composed of materials that have an impermeable and waterproof membrane.
FutureAdaptationStrategies–tobeincorporatedintobuildingdesignand partofconstruction:
x Ensure that building foundations, if any, are capable of supporting future flood walls or temporary flood barriers.
x Design building openings (e.g., doors, windows, utility penetrations) to be capable of future retrofitting to make them watertight and resistant to flood loads.
x Design key structural elements of the jetty to allow future increases in the elevation of the jetty.
OperationalStrategies–tobeimplementedduringoperation: x Establish an early warning system to monitor the risk of potential flooding. An early warning system should consist of:
o Protocols for obtaining information on local weather alerts and established levels at which additional action (e.g., sandbagging) will be taken
Timing:Prior to GB Capital
Component construction
Method:Conduct an
engineering-level, site-specific
assessment of the projected SLR
through 2050 and implement
design components if the jetty is
projected to be inundated by
2050.
Implementation:Applicable Project
Proponent for Component
MonitoringandReporting: Applicable
Project Proponent for Component
Verification: District and City
SanDiegoUnifiedPortDistrict
MitigationMonitoringandReportingProgram
NationalCityBayfrontProjectsandPlanAmendments
FinalEnvironmentalImpactReport MMRPͲ56 September2022
MitigationMeasures TimingandMethods ResponsibleParties o Protocols for monitoring water levels at nearby storm gauges prior to the storm arrival, and regular checking of the water levels along the jetty as the storm progresses
x Establish emergency evacuation procedures for people to relocate to higher ground on short notice.
x Obtain backup power generators for occupiable development on the jetty and portable pumps and ensure there is sufficient fuel to operate these. Establish protocols for operating said generators and pumps during storm events or other such events.
x Before a large storm, deploy sandbags or inflatable barriers. x Before a storm, test emergency power sources and pumps and ensure there is sufficient fuel to run these, and inspect building exteriors to ensure there are no penetrations that lack flood proofing.
x Restrict public access during storms or flooding events.
Prior to issuance of the first building permit for any development on the jetty, the assessment and project plans (revised pursuant to the findings of the assessment, if the assessment projects inundation by 2050) shall be submitted to the District’s Development Services Department and the City’s building permit department for review and approval.
MMǦLUǦ4:UseUpdatedModelingandMonitoringforAdaptive Managementfor2100Scenario(BalancedPlan,GBCapital Component,PashaRoadClosuresComponent,portionofBayshore BikewayComponent). For areas of the Balanced Plan (Pepper Park and the FPR), the GB Capital Component, the Pasha Road Closures Component, and the portions of the Bayshore Bikeway Component (within the District’s jurisdiction) that are projected to be inundated in 2100, the District shall conduct ongoing monitoring of these project component sites every 5 to 10 years. If, through monitoring, the observed SLR conditions appear to be consistent with the 2100 projections identified in this EIR, a site-specific assessment shall be conducted to identify future SLR projections using the best science available at the time and identify appropriate adaptation strategies to ensure that these areas are resilient to coastal flooding and inundation from SLR. Such strategies may include a neighborhood-level effort, raising of grades, Timing:Prior to construction
Method:Conduct ongoing
monitoring every 5 to 10 years
for project component sites
projected to be inundated in
2100 and identify adaptation
strategies.
Implementation:All Project Proponents
MonitoringandReporting: All Project
Proponents
Verification: District
SanDiegoUnifiedPortDistrict
MitigationMonitoringandReportingProgram
NationalCityBayfrontProjectsandPlanAmendments
FinalEnvironmentalImpactReport MMRPͲ57 September2022
MitigationMeasures TimingandMethods ResponsibleParties additional shoreline protection, removal or movement of assets, and conversion of impervious surfaces to pervious surfaces.
MMǦLUǦ5:UseUpdatedModelingandMonitoringforAdaptive Managementfor2100Scenario(mostofBayshoreBikeway Component).For the areas of the Bayshore Bikeway Component that are within the City’s jurisdiction, the City shall conduct ongoing monitoring of these areas every 5 to 10 years. If, through monitoring, the observed SLR conditions appear to be consistent with the 2100 projections identified in this EIR, a site-specific assessment shall be conducted to identify future SLR projections using the best science available at the time and identify appropriate adaptation strategies to ensure that these areas are resilient to coastal flooding and inundation from SLR. Such strategies may include a neighborhood-level effort, raising of grades, additional shoreline protection, or removal or movement of assets. Timing:Prior to construction
Method:Conduct ongoing
monitoring every 5 to 10 years
for project component sites
projected to be inundated in
2100 and identify adaptation
strategies.
Implementation:Applicable Project
Proponent for Component
MonitoringandReporting: Applicable
Project Proponent for Component
Verification: Applicable Project
Proponent for Component
NoiseandVibration
MMǦNOIǦ1: ProhibitExteriorConstructionActivitiesOutsideofthe PermittedConstructionHours(BalancedPlan,BayshoreBikeway Component,CityProgram–DevelopmentComponent,GBCapital Component,PashaRoadClosuresComponent). For the Balanced Plan, Bayshore Bikeway Component, City Program – Development Component, GB Capital Component, and Pasha Road Closures Component, the project proponent for that respective project component shall require their contractor(s) not to conduct exterior construction activities outside the hours of 7:00 a.m. to 7:00 p.m. Monday through Friday. Material or equipment deliveries and collections shall also be prohibited outside of these hours. Except for construction personnel specifically working on interior construction tasks within a completed building shell, construction personnel shall not be permitted on the job site outside of the permitted hours.
Timing:During construction
Method:Require exterior
construction activities occur
between the hours of 7:00 a.m.
to 7:00 p.m. Monday through
Friday.
Implementation:AllProject Proponents
MonitoringandReporting: All Project
Proponents
Verification: City and District
MMǦNOIǦ2: AvoidorReduceConstructionNoisefromPileDriving (CityProgram–DevelopmentComponent,GBCapitalComponent).
During all pile driving at the City Program – Development Component and GB Capital Component, the project proponent shall require its construction contractor to implement one of the following methods to reduce maximum pile-driving noise levels at the affected noise-sensitive Timing:During pile driving
Method:Reduce noise levels at
affected noise-sensitive
receptors by avoiding pile
driving or using acoustical
shroud.
Implementation:Applicable Project
Proponents for Components
MonitoringandReporting: Applicable
Project Proponents for Components
Verification: City and District
SanDiegoUnifiedPortDistrict
MitigationMonitoringandReportingProgram
NationalCityBayfrontProjectsandPlanAmendments
FinalEnvironmentalImpactReport MMRPͲ58 September2022
MitigationMeasures TimingandMethods ResponsibleParties receptors (residences on Cleveland Avenue, the National City Adult School, and Pepper Park) to 70 dBA Lmax or less:
x Avoid impact pile driving by using quieter alternative installation methods, such as press-in piles or drilled piles (e.g., cast-in-drilled- hole, poured-in-place piles).
x Use an acoustical shroud around impact pile driving. The shroud shall be constructed of materials that provide a minimum sound transmission class (STC) of 28 (examples include sound-rated acoustical blankets).
MMǦNOIǦ3:AvoidorReduceConstructionNoisefromOther(NonǦ PileǦDriving)ConstructionActivities(BayshoreBikeway Component,GBCapitalComponent,PashaRoadClosures
Component). During all non-pile-driving construction activity at the Bayshore Bikeway Component, GB Capital Component, and the Pasha Road Closures Component, the project proponent shall require their construction contractor(s) to implement one of the following methods to reduce maximum noise levels at the affected noise-sensitive receptors (residences on Cleveland Avenue and McKinley Avenue, and Pepper Park ) to 70 dBA Lmax or less:
x Avoid operating high impact demolition equipment (hydraulic breakers, jackhammers, concrete saws) within 520 feet of the any noise-sensitive receptors and avoid operating all other mechanized construction equipment within 280 feet of the affected noise- sensitive receptors.
x Where the above-specified distances cannot be maintained, install temporary noise barrier(s) between construction activities and the noise-sensitive receptor(s). Barriers may be constructed around the site perimeter or, when construction activities are restricted to a smaller portion of the site, around that smaller portion of the site, or around any noisy stationary construction equipment such as generators or dewatering pumps. All such barriers must be at least 8 feet high and of sufficient height to break the line-of-sight between the construction equipment and the ground floor of any noise- sensitive receptor. These barriers shall be constructed in one of the following ways that the project proponent establishes, in writing and to the satisfaction of the District, shall achieve a minimum sound transmission class (STC) rating of 28:
Timing:During non-pile
driving
Method:Reduce noise levels at
affected noise-sensitive
receptors by avoiding high-
impact demolition equipment
or installing temporary noise
barriers.
Implementation:Applicable Project
Proponents for Components
MonitoringandReporting: Applicable
Project Proponents for Components
Verification: City and District
SanDiegoUnifiedPortDistrict
MitigationMonitoringandReportingProgram
NationalCityBayfrontProjectsandPlanAmendments
FinalEnvironmentalImpactReport MMRPͲ59 September2022
MitigationMeasures TimingandMethods ResponsibleParties o From acoustical blankets hung over or from a supporting frame.
The blankets should be firmly secured to the framework. The blankets should be overlapped by at least 4 inches at seams and taped and/or closed with hook-and-loop fasteners (i.e., Velcro®) so that no gaps exist. The blankets shall be draped to the ground to eliminate any gaps at the base of the barrier.
o From commercially available acoustical panels lined with sound- absorbing material (the sound-absorptive faces of the panels should face the construction equipment).
o From common construction materials such as plywood.
MMǦNOIǦ4:DesignandConstructtheProposedHotelat theCity Program–DevelopmentComponentSitetoAchieveanInterior NoiseLevelof45dBCNELorLessatNoiseǦSensitiveOccupied Spaces(CityProgram–DevelopmentComponent). During the architectural and engineering design, prior to the issuance of any building permits for the hotel, the project proponent for the City Program – Development Component shall retain an acoustical consultant to ensure that the building design provides adequate noise insulation to achieve the City’s interior noise standard of 45 dB CNEL, as specified in the National City General Plan Noise Element, at occupied spaces. If necessary, the consultant shall recommend design features such as, but not limited to, fresh-air supply systems (to allow windows to remain closed), sound-rated windows, or other façade upgrades. The project proponent shall submit a copy of the acoustical consultant’s report, along with evidence that all recommended design features have been incorporated into the project design, to the City’s Community Development Department for review and approval prior to hotel construction.
Timing:During project design
Method:Ensure that the
building design provides
adequate noise insulation and, if
necessary, incorporate
recommended design features.
Implementation:Applicable Project
Proponent for Component, Acoustical
Consultant
MonitoringandReporting: Applicable
Project Proponent for Component
Verification: City’s Community
Development Department
MMǦNOIǦ5:ReduceRailNoiseLevelsattheProposedGBCapitalRV Sitesto65dBCNELorLess(PashaRailComponent,GBCapital Component). The project proponent for the GB Capital Component shall design its dry boat storage so that it is enclosed and made from solid material (versus fabric, chain link fencing or similar pervious/open materials) and shall submit a noise study conducted by an acoustical consultant that analyzes the noise from the Pasha Rail Improvement Component with the enclosed dry boat storage as a buffer, demonstrating Timing:During project design
Method:Ensure dry boat
storage is enclosed and made
from solid material, submit a
noise study, and construct a
sound barrier if needed.
Implementation:Applicable Project
Proponents for Components
MonitoringandReporting: Applicable
Project Proponents for Components
Verification: District’s Development
Services Department
SanDiegoUnifiedPortDistrict
MitigationMonitoringandReportingProgram
NationalCityBayfrontProjectsandPlanAmendments
FinalEnvironmentalImpactReport MMRPͲ60 September2022
MitigationMeasures TimingandMethods ResponsibleParties the noise levels at the proposed RV park location. The noise study shall be submitted to the District’s Development Services Department for its review 3 months after issuance of a Coastal Development Permit (CDP) for any phase of the GB Capital Component and prior to the construction of the RV park. The project proponent shall construct the dry boat storage as designed. If the noise study shows that the rail noise exposure at the proposed RV sites is at or below 65 dB CNEL, then no additional steps as specified in this mitigation measure shall be required.
If the noise study shows that noise levels are above 65 dB CNEL at the proposed RV sites, then prior to occupancy of the GB Capital RV Resort or operation of the Pasha Rail Improvement Component, whichever occurs last, a sound barrier shall be constructed to reduce the rail noise exposure at the proposed RV sites to 65 dB CNEL or less. The noise barrier shall be the equal (50/50) shared financial responsibility of the project proponents for the Pasha Rail Improvement Component and the GB Capital Component. In the event that both components are not constructed at the same time, the project proponent (Payee) of the component last constructed shall construct and pay for the entire specified noise control and the other project proponent (Reimbursee) shall reimburse the Payee 50% of the actual cost of designing, permitting, and constructing the noise control unless another payment arrangement is agreed upon between the project proponents and approved by the District. Such reimbursement shall be a condition of the CDPs for the Pasha Rail Improvement Component and the RV resort associated with the GB Capital Component. The noise barrier shall be constructed between the south side of the Pasha Rail Improvement Component and the GB Capital RV Resort. The barrier shall fully block the line-of-sight between the RV sites and a standard freight locomotive on the Pasha Rail Improvement Component site, and is anticipated to be a minimum barrier height of 16 feet relative to the finished track elevation. The barrier shall be a continuous structure without gaps or openings and shall extend from the north end of the Pasha Rail Improvement Component to Tidelands Avenue. The barrier shall be constructed of a solid material and, if necessary to meet the noise requirement, the density of 4 pounds per square foot (e.g., concrete block or concrete panels).
SanDiegoUnifiedPortDistrict
MitigationMonitoringandReportingProgram
NationalCityBayfrontProjectsandPlanAmendments
FinalEnvironmentalImpactReport MMRPͲ61 September2022
MitigationMeasures TimingandMethods ResponsibleParties MMǦNOIǦ6: DesignandConstructtheHotelsat theGBCapital ComponenttoAchieveanInteriorNoiseLevelof45dBCNELorLess atNoiseǦSensitiveOccupiedSpaces(GBCapitalComponent). During the architectural and engineering design, prior to the issuance of any building permits for the hotels, the project proponent for the GB Capital Component shall retain an acoustical consultant to ensure that the project design provides adequate noise insulation to achieve the City’s interior noise standard of 45 dB CNEL, as specified in the National City General Plan Noise Element, at occupied spaces. If necessary, the consultant shall recommend design features such as, but not limited to, fresh-air supply systems (to allow windows to remain closed), sound- rated windows, or other façade upgrades. The project proponent shall submit a copy of the acoustical consultant’s report, along with evidence that all recommended design features have been incorporated into the project design, to the District’s Development Services Department for review and approval prior to construction of any hotel. Timing:During project design
Method:Ensure that the
building design provides
adequate noise insulation and, if
necessary, incorporate
recommended design features.
Implementation:Applicable Project
Proponent for Component, Acoustical
Consultant
MonitoringandReporting: Applicable
Project Proponent for Component
Verification: District’s Development
Services Department
MMǦNOIǦ7: DesignandInstallAllOnsiteMechanicalEquipmentat theCityProgram–DevelopmentComponentSitetoComplywith the City’sNoiseOrdinance(CityProgram–DevelopmentComponent). During the architectural and engineering design phase, prior to the issuance of any building permits for the City Program – Development Component, the project proponent for the City Program – Development Component shall retain an acoustical consultant to evaluate the design and provide recommendations, as necessary, to ensure that all aspects of this project component, including mechanical equipment and other onsite stationary sources (e.g., trash compactors, loading docks), are designed and will be installed to comply with the City’s Noise Ordinance (Municipal Code Chapter 12.06). Such recommendations may include, but are not limited to, changes in equipment locations; sound power limits or specifications; rooftop parapet walls; acoustic absorption materials, louvers, screens, or enclosures; or intake and exhaust silencers. The project proponent shall submit a copy of the acoustical consultant’s report, along with evidence that all recommended design features have been incorporated into the project design, to the City’s Community Development Department for review and approval prior to hotel construction.
Timing:During project design
Method:Ensure that all aspects
of the City Program –
Development Component,
including mechanical
equipment, comply with the
City’s Noise Ordinance and, if
necessary, incorporate
recommended design features.
Implementation:Applicable Project
Proponent for Component, Acoustical
Consultant
MonitoringandReporting: Applicable
Project Proponent for Component
Verification: City’s Community
Development Department
SanDiegoUnifiedPortDistrict
MitigationMonitoringandReportingProgram
NationalCityBayfrontProjectsandPlanAmendments
FinalEnvironmentalImpactReport MMRPͲ62 September2022
MitigationMeasures TimingandMethods ResponsibleParties MMǦNOIǦ8: DesignandOperatetheProposedDryBoatStorage FacilitytoComplywiththeCity’sNoiseOrdinanceattheAdjacent ProposedRVResort(GBCapitalComponent).During the architectural and engineering design phase for the dry boat storage facility, prior to the issuance of any building permits for such, the project proponent for the GB Capital Component shall retain an acoustical consultant to evaluate the design and provide recommendations, as necessary, to ensure that operation of the dry boat storage facility will comply with the City’s Noise Ordinance (Municipal Code Chapter 12.06.020) at the adjacent RV sites during the sensitive evening and nighttime hours of 7:00 p.m. to 7:00 a.m. (i.e., 65 dBA Leq between 7 p.m. and 10 p.m., and 60 dBA Leq between 10 p.m. and 7 a.m.). Noise control techniques may include, but are not limited to, restricting hours of operation to daytime hours (7:00 a.m. to 7:00 p.m.), selecting quieter equipment (when commercially available), or installing additional noise barriers to screen the facility from the RV resort. The project proponent shall submit a copy of the acoustical consultant’s report, along with evidence that all design features have been incorporated into the project design (to ensure that operation of the dry boat storage facility would comply with the City Noise Ordinance at the adjacent RV sites during the sensitive evening and nighttime hours), to the District’s Development Services Department for review and approval prior to commencement of construction of the dry boat storage facility. The project proponent shall implement the noise control techniques.
Timing:During project design
Method:Ensure dry boat
storage complies with the City’s
Noise Ordinance and, if
necessary, incorporate
recommended design features.
Implementation:Applicable Project
Proponent for Component
MonitoringandReporting: Applicable
Project Proponent for Component
Verification: District’s Development
Services Department
MMǦNOIǦ9: RegulateOrganizedEventsatPepperPark,IncludingUse oftheProposedAmphitheater(BalancedPlan). Organized events at Pepper Park shall be properly regulated for noise control. Per Section
8.02 of the District’s Port Code, any event with over 25 attendees shall obtain a permit from the District. As further stipulated by Section 8.02 of the Port Code, each “permit shall be subject to the requirements regarding noise…as contained in the Municipal Code of the particular City in which the park is located.” Therefore, any event for which noise generating activities will occur at the amphitheater will be subject to the City’s Noise Ordinance. Although the City’s Noise Ordinance indicates that daytime and nighttime noise standards would be 65 and 60 dBA Leq(h), respectively, at the GB Capital Component visitor accommodations (RV resort and hotels), the City’s Noise Ordinance also includes Timing:During project
operation
Method:Regulate organized
events through the use of
permits and notify adjacent
tenants of large events.
Implementation:Applicable Project
Proponent for Component
MonitoringandReporting: Applicable
Project Proponent for Component
Verification: District and City
SanDiegoUnifiedPortDistrict
MitigationMonitoringandReportingProgram
NationalCityBayfrontProjectsandPlanAmendments
FinalEnvironmentalImpactReport MMRPͲ63 September2022
MitigationMeasures TimingandMethods ResponsibleParties exceptions for these noise standards; the exceptions are on a case-by- case basis and include temporary noise exceedances for organized events (e.g., parades, concerts). Further, as part of the District’s permitting process for organized events that are proposed to have amplified sounds (e.g., concerts), the District shall coordinate with the City, and if the City requires a maximum decibel level limit or hours in which all noise needs to cease, that information shall be added to the District permit for that organized event. In addition, the District shall coordinate notification to adjacent tenants of upcoming organized large events, and the permittee of the organized event shall coordinate with the same tenants within 2 weeks of the organized event.
MMǦNOIǦ10: AvoidorReduceGroundborneVibrationfromPile Driving(GBCapitalComponent). Where feasible, the project proponent for the GB Capital Component shall require its construction contractor(s) to avoid pile driving within a 32-foot buffer zone of existing buildings at the Pier 32 Marina. If piling cannot be avoided within this distance, the following shall be implemented:
x Alternative installation methods shall be used, such as press-in piles or drilled piles (e.g., cast-in-drilled-hole, poured-in-place piles). x The following steps shall be taken to protect buildings within 32 feet of pile-driving locations:
o The project proponent/contractor shall retain a qualified structural or geotechnical engineer to conduct preconstruction surveys of neighboring structures (including photographing and/or videotaping) to document existing building conditions for future comparison if any vibration-related damage is suspected or results from construction-related activities; and
o Based on review of the specific buildings involved, the structural/geotechnical engineer may provide updated vibration thresholds and buffer distances for potentially affected buildings; and
o Monitoring shall be conducted during construction to check for vibration-related damage during pile driving; such monitoring shall include vibration measurements obtained inside or outside of the buildings or other tests and observations deemed necessary; and
Timing:During pile driving
activities
Method:Avoid pile driving
within the 32-foot buffer zone
of existing buildings or
implement measures to avoid or
reduce vibration.
Implementation:Applicable Project
Proponent for Component
MonitoringandReporting:
Applicable
Project Proponent for Component
Verification: City and District
SanDiegoUnifiedPortDistrict
MitigationMonitoringandReportingProgram
NationalCityBayfrontProjectsandPlanAmendments
FinalEnvironmentalImpactReport MMRPͲ64 September2022
MitigationMeasures TimingandMethods ResponsibleParties o The person(s) conducting the monitoring shall have the authority to issue a stop work order to the pile-driving contractor if excessive vibration levels are measured or other observations occur that indicate potential building damage may occur; in the event of such an occurrence, the monitor shall notify the project proponent (GB Capital) and the District; and
o If any damage to existing buildings is determined to occur as a result of pile driving at the GB Capital Component, the project proponent shall be financially responsible for the necessary repairs, structural or cosmetic, to return the damaged building to its pre-existing state.
MMǦNOIǦ11: AvoidorReduceGroundborneVibrationfromBikeway Construction(BayshoreBikewayComponent). During all construction activity at the Bayshore Bikeway Component, the project proponent shall require its construction contractor(s) to observe the following buffer zones to reduce groundborne vibration at nearby at nearby residences to
0.04 in/sec or less:
x Avoid the use of hydraulic breakers within 130 feet of residential buildings.
x Avoid vibratory compaction within 115 feet of residential buildings. x Avoid the use of heavy earthmoving equipment within 55 feet of residential buildings.
If the listed buffer distances cannot be maintained, impacts can be reduced to less than significant by using alternative equipment that avoids or reduces high vibration levels at the source. Jackhammers (manually held and operated, not mounted to any other construction equipment) may be used in place of other breakers, non-vibratory rollers may be used in place of vibratory roller, and smaller earthmovers (Bobcat, skid steer, etc.) may be used instead of full size heavy earthmoving equipment.
Timing:During construction
Method:Observe buffer zones
to reduce groundborne
vibration or use alternative
equipment that avoids or
reduces high vibration levels.
Implementation:Applicable Project
Proponent for Component
MonitoringandReporting: Applicable
Project Proponent for Component
Verification: City and District
Transportation,Circulation,andParking
MMǦTRAǦ1: ImplementTDMandVMTReductionMeasures(GB CapitalComponent,CityProgram–DevelopmentComponent). To reduce VMT generated by employee trips, the project proponent (GB Capital and City) shall implement the following TDM and VMT reduction Timing:During project
operation
Method:Implement a
Mandatory Employer Commute
Implementation:Applicable Project
Proponents for Components
SanDiegoUnifiedPortDistrict
MitigationMonitoringandReportingProgram
NationalCityBayfrontProjectsandPlanAmendments
FinalEnvironmentalImpactReport MMRPͲ65 September2022
MitigationMeasures TimingandMethods ResponsibleParties measure from the SANDAG Mobility Management Toolbox, using the VMT Reduction Calculator Tool (SANDAG 2019b), starting the first day of project operations for the GB Capital Component and City Program – Development Component.
x Mandatory Employer Commute Program – The employer for the GB Capital Component and City Program – Development Component shall offer and pay for an employer commute-trip reduction program, which may include a carpool program, transit subsidy passes, or a vanpool program. Implementing these measures could result in a 2.6% reduction in the project’s employee VMT.
Program to reduce TDM and
VMT.
MonitoringandReporting: Applicable
Project Proponents for Components
Verification: District and City
MMǦTRAǦ3:ImplementTrafficControlMeasuresDuring
Construction(BalancedPlan,GBCapitalComponent,PashaRail ImprovementComponent,PashaRoadClosuresComponent,
BayshoreBikewayComponent,andCityProgram–Development Component). For any project components that temporarily require partial and/or full roadway closures during construction, the project proponent [requiring the partial or full roadway closure(s)] shall require its contractor to plan, use, place, and maintain traffic control devices while in use at the construction site to ensure that adequate emergency access is provided throughout the duration of the road closure. If construction activities require blocking of a traffic lane(s), the project proponent shall require its contractor to use a flashing arrow board during daytime hours; however, a solar flashing arrow board shall be required for any nighttime construction that requires the closure of any traffic lanes. In certain lane closures, the use of high-level warning flags, along with other devices, is acceptable if installed in accordance with the provisions set forth in the Caltrans CaliforniaManualonUniformTraffic ControlDevices(Caltrans 2018). The City shall verify the proper use of traffic control devices for the Bayshore Bikeway Component, City Program – Development Component, and potentially the GB Capital Component if the proposed roadway is a City street, while the District shall verify the proper use of traffic control devices for the Balanced Plan, Pasha Rail Improvement Component, Pasha Road Closures Component, and potentially the GB Capital Component if the proposed roadway is a District street.
Timing:During project
construction
Method:Implement traffic
control measures during partial
and/or full roadway closures
and maintain lane requirements
throughout the duration.
Implementation:AllProject Proponents
MonitoringandReporting: All Project
Proponents
Verification: District and City
SanDiegoUnifiedPortDistrict
MitigationMonitoringandReportingProgram
NationalCityBayfrontProjectsandPlanAmendments
FinalEnvironmentalImpactReport MMRPͲ66 September2022
MitigationMeasures TimingandMethods ResponsibleParties In addition to traffic control measures, the project proponent shall require its contractor to maintain the following traffic lane requirements throughout the duration of the partial or full road closure:
1. For two-way streets (e.g., a four-lane roadway), a minimum of one lane shall be provided in each direction.
2. The minimum width of a traffic lane shall be 10 feet. The lane shall be clear of obstructions, including traffic cones or delineators.
Emergency vehicle access may require a traffic lane of up to 14 feet wide.
3. A separate left- or right-turn lane shall be proved if there is an existing left- or right-turn lane.
4. Complete closure of a roadway shall not be permitted without a valid Special Traffic Permit (STP) or a City-approved traffic routing plan.
This includes a plan that allows one lane to be used for two directions of traffic (i.e., two-way flag control). An STP is required to use two-way flag control.
5. If work occurs at or within 100 feet of an intersection on a two-way street, an STP is required to prohibit left turns at the intersection.
This requirement applies where two lanes are reduced to one and through vehicles cannot physically pass a left-turning vehicle.
6. If needed, room for a traffic lane(s) may be made available by temporarily prohibiting parking. Traffic lanes must be at least 10 feet wide and provide a sufficient transition before the lane begins and after the lane ends.
To ensure that the traffic lanes provided are adequate and continuous, only one contractor at a time shall be allowed to work on any one block.
If a second contractor is planning to work on a block that has a contractor, or on an adjacent block, then the second contractor shall obtain an STP before starting any work. Moreover, a contractor shall not be allowed to work within a block of a project that is under City contract without receiving approval from the Resident Engineer for the subject contract, obtaining an STP, and notifying the City Fire Department and City Police Department.
Flagging personnel shall be required when workers or equipment will temporarily block a traffic lane that is used for access into and out of a construction site. Flagging personnel shall ensure that traffic congestion
SanDiegoUnifiedPortDistrict
MitigationMonitoringandReportingProgram
NationalCityBayfrontProjectsandPlanAmendments
FinalEnvironmentalImpactReport MMRPͲ67 September2022
MitigationMeasures TimingandMethods ResponsibleParties and permanently blocked roads do not occur. The following shall apply to the flagging personnel required during project construction:
1. Flaggers must be properly equipped with a Type II vest (daytime) or Type III vest (nighttime) and a sign paddle.
2. Flaggers must be certified and have their certification card at all times.
3. A minimum of two flaggers shall be required when one lane is to be used for two directions of traffic (i.e., two-way flag control).
4. Police officers may be hired to provide flag control.
A construction TDM plan shall be prepared by the respective project proponent for each project component and implemented during construction activities. The TDM plan shall be submitted by the respective project proponent to the City or District, depending on the jurisdiction where the project component is located, for review and approval prior to construction. The TDM plan shall incorporate various TDM strategies to reduce congestion during construction and may include, but is not limited to, the following:
x Implementation of a ride-sharing program to encourage carpooling among workers.
x Adjusting work schedules so workers do not access the site during the peak hours.
x Providing offsite parking locations for workers outside of the area, with shuttle services to bring them onsite.
x Providing subsidized transit passes for construction workers.
MMǦTRAǦ5: RequireOffsiteParking,ShuttleTransportation,and IncentivesforTransitUseforConstructionWorkersandWayfinding SignageforVisitors(BalancedPlan,GBCapitalComponent,Pasha RailImprovementComponent,PashaRoadClosuresComponent, BayshoreBikewayComponent,andCityProgram–Development Component).Prior to the commencement of construction activity, the project proponent for each component shall provide an offsite parking location for construction workers and a shuttle service from the offsite parking location to the project site and back. For project components within the District’s jurisdiction, the designated offsite parking location shall be approved by the District’s Development Services Department (Balanced Plan, GB Capital Component, Pasha Rail Improvement Timing:Prior to construction
Method:Provide offsite
parking, shuttle transportation,
and incentives for transit use
and provide signage to direct
visitors to available parking if
onsite parking is displaced.
Implementation:AllProject Proponents
MonitoringandReporting: All Project
Proponents
Verification: District and City
SanDiegoUnifiedPortDistrict
MitigationMonitoringandReportingProgram
NationalCityBayfrontProjectsandPlanAmendments
FinalEnvironmentalImpactReport MMRPͲ68 September2022
MitigationMeasures TimingandMethods ResponsibleParties Component, and Pasha Road Closures Component). For project components within the City’s jurisdiction, the designated offsite parking location shall be approved by the City. In addition, the project proponent shall provide incentives for construction workers to use public transit.
Workers who cannot commute by transit and must use personal vehicles shall be required to park at the offsite parking facility. The parking requirements for the workers shall be detailed in their contract with the project proponent. Moreover, during the construction phase, some public parking shall remain open, to the extent feasible, through the phasing of construction. If onsite public parking is displaced, the project proponent shall provide conspicuous signage to direct visitors to available parking facilities throughout the duration of the construction that displaced the public parking to maintain public coastal access.
MMǦTRAǦ6:ReconfigureLotQtoAccommodate590StripedParking Spaces(PashaRoadClosuresComponent). Prior to implementation of the Pasha Road Closures Component, the project proponent shall restripe Lot Q (located on the southwest corner of Bay Marina Drive and Tidelands Avenue) to provide additional parking for employees and offset the loss of 249 parking spaces. Upon completion of this restriping, there would be 590 parking spaces in Lot Q; this would accommodate the 574 existing NCMT employees. Once completed, evidence indicating completion of the restriping shall be provided by the project proponent for the Pasha Road Closures Component to the District’s Development Services Department. Pasha shall require its employees to use Lot Q and allow other employees at NCMT to use the parking lot.
Timing:Prior to construction
Method:Restripe Lot Q to
provide additional parking.
Implementation:Applicable Project
Proponent for Component
MonitoringandReporting: Applicable
Project Proponent for Component
Verification: District’s Development
Services Department
MMǦTRAǦ7:Accommodate23AdditionalFlexParkingSpacesatthe PepperParkParkingLot(BalancedPlan).Prior to issuance of the Coastal Development Permit for Pepper Park (Balanced Plan), the District shall accommodate an additional 23 parking spaces, for a total of 116 parking spaces at Pepper Park. The additional 23 spaces shall be designed to be flex spaces that can be used as either an active area of the park or parking for public uses and coastal access within the project area.
Following the completion of the Pepper Park expansion (including the 23 spaces), the District shall prepare a study that determines the actual (i.e., on-the-ground) demand for parking at the newly expanded park. If the results of the study demonstrate that the amount of parking can be Timing:Prior to construction
and during project operation
Method:Accommodate an
additional 23 flex parking
spaces at Pepper Park and
prepare a study to determine
actual parking demand.
Implementation:Applicable Project
Proponent for Component
MonitoringandReporting: Applicable
Project Proponent for Component
Verification: District
SanDiegoUnifiedPortDistrict
MitigationMonitoringandReportingProgram
NationalCityBayfrontProjectsandPlanAmendments
FinalEnvironmentalImpactReport MMRPͲ69 September2022
MitigationMeasures TimingandMethods ResponsibleParties reduced, the District will reduce the number of parking spaces to the actual on-the-ground demand identified in the study (but no more than a reduction of 23 spaces).
UtilitiesandServiceSystems
MMǦUTILǦ1:PrepareUtilityInfrastructureStudy(BalancedPlan,GB CapitalComponent,andCityProgram–DevelopmentComponent). Prior to the issuance of the building permits for the Balanced Plan, GB Capital Component, and City Program – Development Component, the respective project proponent shall prepare a utility infrastructure study and submit the study to the District’s Development Services Department (Balanced Plan and GB Capital Component only) and the City’s Community Development Department (GB Capital Component and City Program – Development Component only) for review and approval. The utility infrastructure study shall identify the capacity of existing utilities, the ability of those utilities to serve the project proponent’s project component, any necessary utility improvements that would be needed to serve project proponent’s project component, and alternative locations and best management practices (BMPs), if necessary, to meet the standards described as follows: avoidance of sensitive habitat and species, construction BMPs related to ground disturbance such as daily watering in high-dust areas and use of a stabilized construction entrance to reduce offsite tracking, a soil and groundwater management plan pursuant to MMǦHAZǦ1 and MMǦHAZǦ4, including recommendations on pipe materials based on Sweetwater Authority Design Standards, if disturbed areas may be subject to contamination, a soil disposal plan (if applicable), a traffic management plan if roadways will need temporary closures, consistency with the City’s Noise Ordinance, and avoidance of historical, archaeological, tribal cultural, and paleontological resources.
The project proponent shall implement any and all new utility improvements or upgrades identified in the utility infrastructure study.
Timing:Prior to construction
Method:Prepare and submit a
utility infrastructure study and
implement any and all new
utility improvements or
upgrades identified.
Implementation:Applicable Project
Proponents for Components
MonitoringandReporting: Applicable
Project Proponents for Components
Verification: District’s Development
Services Department and the City’s
Community Development Department
MMǦUTILǦ2:ImplementWaterConservationMeasures(Balanced Plan,GBCapitalComponent,andCityProgram–Development Component). The project proponent for the respective project component shall incorporate and implement water-efficient design measures into its individual project component. Water-efficient design measures shall at a minimum, include:
Timing:Prior to construction
Method:Incorporate and
implement water-efficient
design measures.
Implementation:Applicable Project
Proponents for Components
MonitoringandReporting: Applicable
Project Proponents for Components
Verification: District and City
SanDiegoUnifiedPortDistrict
MitigationMonitoringandReportingProgram
NationalCityBayfrontProjectsandPlanAmendments
FinalEnvironmentalImpactReport MMRPͲ70 September2022
MitigationMeasures TimingandMethods ResponsibleParties x Implement indoor water reduction measures, including high- efficiency toilets, high-efficiency urinals, low-flow faucets, and low- flow showers (as applicable).
x Install only drought-tolerant landscaping and perform any landscaping watering through a drip system or low-flow irrigation devices.
x Install cisterns above or below ground that shall collect and store runoff from rooftops and other impervious surfaces.
x Install water-efficient water coolers and equipment and monitor cooling tower and boiler water chemistry to minimize mineral buildup in the system and maximize the number of times water can be recycled through the system.
x Limit the use of turf and, in Pepper Park, limit the use of turf to activity fields.
x Educate employees on water conservation measures on an annual basis and post water conservation stickers, signs, and posters in bathrooms, kitchens, cafeterias, conference rooms, and other places where employees congregate.
MMǦUTILǦ3:UpsizetheExistingBayMarinaDrivePipelineand InstallNewPipelineAlongtheProposedRoadRealignmenttoMeet ProjectFireFlowDemands(GBCapitalComponentandCity Program–DevelopmentComponent). Prior to occupancy and operation of the proposed City Program – Development Component or the four-story 81-room hotel to be operated under Phase 2 of the GB Capital Component, whichever occurs first, the project proponent for that project component (Payee) shall upsize the existing 12-inch PVC pipeline on Bay Marina Drive between the intersection of Harrison Avenue and Cleveland Avenue to a 16-inch PVC pipeline. In addition, the Payee shall install approximately 1,500 linear feet of 16-inch main pipeline along Marina Way and upsize approximately 1,700 linear feet of the existing 12-inch PVC pipeline with 16-inch pipeline. Design, permitting, and construction of the new pipelines shall be coordinated with the City Fire Marshal and SWA.
Prior to occupancy and operation of the project component that is constructed second (i.e., the GB Capital Component if the City Program – Development Component is constructed first, or the City Program – Timing:Prior to project
operation
Method:Upsize the existing 12-
inch PVC pipeline on Bay
Marine Drive to a 16-inch
pipeline and install and upsize
pipeline on Marina Way.
Implementation:Applicable Project
Proponents for Components
MonitoringandReporting: Applicable
Project Proponents for Components
Verification: District and City
SanDiegoUnifiedPortDistrict
MitigationMonitoringandReportingProgram
NationalCityBayfrontProjectsandPlanAmendments
FinalEnvironmentalImpactReport MMRPͲ71 September2022
MitigationMeasures TimingandMethods ResponsibleParties Development Component if the GB Capital Component is constructed first), the project proponent for that project component (Reimbursee) shall reimburse the Payee 50% of the actual cost of designing, permitting, and constructing the new pipelines. Such reimbursement shall be a condition of the Coastal Development Permits for the City Program – Development Component or the four-story 81-room hotel to be operated under Phase 2 of the GB Capital Component.
MMǦUTILǦ4:IssuePaymentforCity’sSewerCapacityFee(Balanced Plan,GBCapitalComponent,andCityProgram–Development Component).Prior to the issuance of the respective building permits for the Balanced Plan, GB Capital Component, and City Program – Development Component, the respective project proponent shall pay the City’s established sewer capacity fee.
Timing:Prior to construction
Method:Pay the City’s
established sewer capacity fee.
Implementation:Applicable Project
Proponents for Components
MonitoringandReporting: Applicable
Project Proponents for Components
Verification: City
MMǦUTILǦ5:ConfirmWaterSupplyAvailabilityforRecreationalor OrnamentalWaterFeature(BalancedPlan,CityProgram– DevelopmentComponent,andGBCapitalComponent).Prior to construction of any recreational or ornamental water feature, if it is determined that there is a low water supply, then the feature shall not be constructed until water supply is secured or there is an alternative design that incorporates low water use.
Timing:Prior to construction
Method:Ensure features are
constructed only if water supply
is secured.
Implementation:Applicable Project
Proponents for Components
MonitoringandReporting: Applicable
Project Proponents for Components
Verification: District and City
MMǦUTILǦ6:ConfirmWaterSupplyAvailabilityforDevelopment ProjectComponentsPriortoIssuanceofBuildingPermits(Balanced Plan,CityProgram–DevelopmentComponent,andGBCapital Component).Water availability shall be confirmed by SWA prior to issuance of building permits. The confirmation of water availability shall be provided in written form by SWA. If SWA indicates there is not sufficient water supply to serve the project, the scale of the project shall be reduced to a level that is serviceable by SWA or use recycled water. Timing:Prior to construction
Method:Confirm water supply
availability, reduce project scale
to a level that is serviceable, or
use recycled water.
Implementation:Applicable Project
Proponents for Components
MonitoringandReporting: Applicable
Project Proponents for Components
Verification: District and SWA
AB = Assembly Bill; BAU = business-as-usual; BMP = best management practice; CA Title 22 = California Code of Regulations, Title 22; CAP = Climate Action Plan; CARB = California Air Resources Board; CCC = California Coastal Commission; CCR = California Code of Regulations; CDFW = California Department of Fish and Wildlife; CDP = Coastal Development Permit; CFGC = California Fish and Game Code; CFR = Code of Federal Regulations; CNEL = Community Noise Equivalent Level; CO = carbon monoxide; CRMDP = Cultural Resources Monitoring and Discovery Plan; CWA = Clean Water Act; dB = decibel; dBA = A-weighted decibel; DEH = Department of Environmental Health; DOT = Department of Transportation; EPA = U.S. Environmental Protection Agency; ESA = environmentally sensitive area; FPR = first point of rest; GHG = greenhouse gas; HDSAP = Harbor District Specific Area Plan; HMMP = Habitat Mitigation and Monitoring Plan; in/sec = inches per second; KOP = key observation point; LCP = Local Coastal Program; LEED = Leadership in Energy and Environmental Design; Leq = equivalent sound level; Leq(h) = hourly equivalent sound level; Lmax = maximum sound level; LUC = Land Use Code; MBTA = Migratory Bird Treaty Act; MTCO2e = metric tons of carbon dioxide equivalent; MWh = megawatt-
SanDiegoUnifiedPortDistrict
MitigationMonitoringandReportingProgram
NationalCityBayfrontProjectsandPlanAmendments
FinalEnvironmentalImpactReport MMRPͲ72 September2022
hour; NCMT = National City Marine Terminal; NMFS = National Marine Fisheries Service; NOX = nitrogen oxides; PAH = polynuclear aromatic hydrocarbon; PCB = polychlorinated biphenyl; PM10 = particulate matter 10 microns or less in diameter; PM2.5 = particulate matter 2.5 microns or less in diameter; PMP = Port Master Plan; PVC = polyvinylchloride; RAQS = Regional Air Quality Strategy; RV = recreational vehicle; RWQCB = Regional Water Quality Control Board; SANDAG = San Diego Association of Governments; SDAPCD = San Diego Air Pollution Control District; SIP = State Implementation Plan; SLR = sea-level rise; SOI = Secretary of the Interior; STC = sound transmission class; STP = Special Traffic Permit; SWA = Sweetwater Authority; TDM = Transportation Demand Management; TPH = total petroleum hydrocarbons; USACE = U.S. Army Corps of Engineers; USFWS = U.S. Fish and Wildlife Service; VAP = Voluntary Action Program; VMT = vehicle miles traveled; VOC = volatile organic compound; ZNE = zero net energy
RESOLUTION NO. 2023-
RESOLUTION OF THE CI TY COUNCIL OF THE CI TY OF NATIONAL CITY, CALIFORNIA,
ACCEPTING THE FINDIN GS OF THE BAL ANCED PLAN ENVIRONME NTAL IMPACT
REPORT AND ADOPTING BY REFE RENCE THE MITIGATION MONITORING AND REPORTING PROGRAM.
WHEREAS, the City of National City (City) and the San Diego Unified Port District (District) worked cooperatively to prepare the National City Balanced Plan (Project), a multi - jurisdictional plan for various public infrastructure improvements and increased access and visitor serving uses along the City’s and District’s waterfront; and,
WHEREAS, for purposes of the California Environmental Quality Act (CEQA), the District was designated as the Lead Agency and the City the Responsible Agency for preparation of the National City Balanced Plan Environmental Impact Report (EIR); and
WHEREAS, the District certified the EIR, adopted findings and approved a Mitigation Monitoring and Reporting Program (MMRP) at a duly noticed public hearing held on November 16, 2022; and
WHEREAS, as the Responsible Agency, the City must consider all significant environmental impacts analyzed in the EIR, adopt CEQA findings based substantial evidence, and approve a Mitigation Monitoring and Reporting Program (MMRP); and
WHEREAS, the Planning Co mmission of the City of National City, fully considered the environmental impacts, adopted Statements of Overriding Considerations, and appropriate mitigation measures found in the certified EIR; and
WHEREAS, at a duly advertised public hearing held on M arch 6, 2023, the Planning Commission recommended that the City Council of the City of National City make findings and accept the EIR and adopt the MMRP; and
WHEREAS, at a duly advertised public hearing held on March 21, 2023, the City Council continued the item to their meeting on April 4, 2023; and
WHEREAS, the City Council of the City of National City, California, considered said acceptance and adoption at a duly advertised public hearing on April 4, 2023, at which time the City Council considered evidence; and
WHEREAS, at said public hearing the City Council considered the staff report provided for Case File No. 2022-26 LCPA, which is maintained by the City and incorporated herein by reference; along with any other evidence presented at said hearing; and
WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and
WHEREAS, the action hereby taken is found to be essential for the preservation of the public health, safety and general welfare.
NOW, THEREFORE, THE CITY COUNCIL OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1: That the evidence presented to the City Council at the public hearing held on April 4, 2023, support the following findings:
1. Pursuant to CEQA Guidelines Sections 15050 and 15051, the City is a “Responsible Agency” for the project.
2. The Final EIR was prepared in compliance with CEQA statute and Guidelines.
3. The City has independently reviewed and analyzed the Final EIR, considered all substantial evidence, public comments, public testimony, and the District’s responses to public comments, and the City’s analysis of the EIR, MMRP, and related documents reflect the independent judgment of the City.
4. The District found and determined that t he proposed Balanced Plan project is approved despite the existence of certain significant environmental effects identified in the Final EIR and, pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091. The City Council makes and accepts the findings with respect to each significant environmental effect as set forth in the Findings of Fact, appended hereto as Exhibit "A", which are hereby incorporated herein fully by this reference and made a part of the City’s administrative record herein and declares that it considered all relevant and substantial evidence described in connection with each such findings.
5. An MMRP has been prepared by skilled and independent professionals for the project and approved by the District. The City Counci l adopt s the mitigation measures applicable to the City’s portions of the Project or made a condition of approval of the Project. The MMRP is incorporated by reference herein as Exhibit “B” and is considered part of the Record of Proceedings for the Project.
6. The MMRP designates responsibility and anticipated timing for the implementation of mitigation measures. The City will serve as the MMRP Coordinator for those mitigation measures applicable to the City’s jurisdiction.
7. In determining whether the Projec t has a significant impact on the environment, and in adopting these Findings pursuant to Section 21081 of CEQA, the City has based its decision on substantial evidence and has complied with CEQA Sections 21081.5 and 21082.2 and CEQA Guidelines Section 15901(b) and all other relevant provisions of CEQA.
8. The impacts of the Project have been analyzed to the extent feasible at the time of certification of the Final EIR.
9. The City has made no decisions that constitute an irretrievable commitment of resources to ward the Project prior to certification of the Final EIR, nor has the City previously committed to a definite course of action with respect to the Project.
10. The City Council finds that pursuant to CEQA Section 21081(a) , that the adverse changes to the envir onment have been fully mitigated or have been determined to have overriding benefits to the City that outweigh those impacts.
11. Copies of all the documents incorporated by reference in the Draft EIR and/or Final EIR are and have been available upon request at all times to any member of the public at the offices of the City, custodian of record for such documents or other materials.
12. Having received, reviewed, and considered all information and documents in the administrative record, the City Council conditions the Project and approves the Project consistent with the Findings herein.
Section 2: The City Council has considered the EIR and finds on the basis of the whole of the administrative record that the Final EIR reflects the City’s in dependent judgment and analysis.
Section 3: Based on the Findings of Fact set forth above, the City Council accepts the Findings of Fact and the Statement of Overriding Consideration contained in the Final EIR and adopts the MMRP for the mitigation measures applicable to the City’s portions of the Project.
Section 4: That the City Clerk shall certify to the passage and adoption of this Resolution and enter it inot the book of original Resolutions.
PASSED and ADOPTED this 4th day of April, 2023.
__________________________
Ron Morrison, Mayor
ATTEST:
_____________________________
Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:
_____________________________
Barry J. Schultz, City Attorney
AGENDA REPORT
Department: Planning
Prepared by: Martin Reeder, AICP – Planning Manager
Meeting Date: Tuesday, April 4, 2023
Approved by: Brad Raulston, City Manager
SUBJECT:
Approval of Amendment to City’s Local Coastal P rogram reflecting jurisdictional boundary changes affected by the Port of SD - National City Balanced Plan and expansion of the Bayshore Bikeway
RECOMMENDATION:
Adopt the Resolution entitled, “Resolution of the City Council of the City of National City , California, Approving a Local Coastal Program (L CP) Amendment to Reflect Jurisdictional Boundary Changes Affected by the Port of San Diego’s National City Balanced Plan and Expansion of the Bayshore Bikeway.
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
The Planning Commission recommended approval of the Amendment.
EXPLANATION:
Executive Summary
The City of National City (City), in conjunction with the San Diego Unified Port District (District), GB Capital Holdings (GB Capital), and Pasha Automotive Services (Pasha) have been working together to propose a mixed -use recreational and maritime indust rial project that includes both landside and waterside development components on approximately 58 landside acres and 19 waterside acres in the City’s waterfront area. This project is collectively referred to as the “Balanced Plan” and is intended to be mut ually beneficial to the region and is geographically located within the jurisdictional boundaries of the City and the District. The LCPA includes changes to the text and updated maps to reflect adoption of the Balanced Plan. The Planning Commission recommended approval of the Amendment to the City Council.
Balanced Plan Proposal
The City of National City (City), in conjunction with the San Diego Unified Port District (District), GB Capital Holdings (GB Capital), District tenants, and Pasha Automotive Services (Pasha) have been working together to propose a mixed -use recreational and maritime industrial project that includes both landside and waterside development components on approximately 58 landside acres and 19 waterside acres in the City’s waterfront area. This project is collectively referred to as the “Balanced Plan” and is intended to be mutually beneficial to the region. It is geographically located within the jurisdictional boundaries of the City and the District.
Specifically, the Balanced Plan includes the following main components within the City’s jurisdiction, which are addressed in detail later in this section:
Amendments to the City’s LCP that would include changes to the City’s and District’s jurisdictional boundaries due to District land purchases; changes to subarea boundaries; and proposed changes to land use, specific plan, and zone designations subject to future City Council action.
Removal of approximately 12.4 acres within the Balanced Plan area, located mostly on the GB Capital site east of the mean high tide line and owned in fee by the District, from the City’s General Plan, LCP, and Land Use Code (LUC) to reflect changes in jurisdictional authority.
Construction and operation of a new segment of the Bayshore Bikeway, in coordination with the District’s portion of the Bayshore Bikeway.
A resolution authorizing approval of the LCP amendments is included in Attachment 4.
Zone Change
The City Program proposes future zoning changes for five vacant City -owned parcels located north of Bay Marina Drive. See Attachment 4. The City currently owns seven parcels that comprise two complete blocks between Bay Marina Drive to the south, West 23rd Street to the north, Harrison Avenue (vacated) to the west, and I-5 to the east. The City also owns Parcel 7 adjacent to the railroad tracks, which contains the National City Santa Fe Depot and includes the historic train station and several historic rail cars on display.
The City proposes to rezone Parcels 1, 2, 3, 5, and 6 from MM (Medium Manufacturing) to CT (Tourist Commercial) which could allow these parcels to be developed with hotel, restaurant, retail, and/or some combination of tourist/visitor-serving commercial uses. The CT zone currently allows a floor area ratio (FAR) of up to 1.0 (1.0 multiplied by the lot size), with no height limit; however, as part of the Balanced Plan, the FAR will increase to 2.0 (twic e the lot size). The maximum allowable development with a FAR of 2.0 would be approximately 254,782 square feet of floor area. The proposed 2.0 FAR would allow for the development of desired land uses that require substantial floor areas, such as hotels, which would be of economic benefit to the City and provide opportunities for increased public access to the City’s marina area. Development standards, such as the parking requirement and landscaping, would be based on the specific uses permitted in the CT zone at such time as future development is proposed. Parcels 4 and 7 are currently zoned CT and will remain so. No other City land use changes or development are currently proposed as part of the Balanced Plan. While this proposed zoning change is described in the LCP text, the implementation of this zoning change will be subject to future City action.
City/District Boundary Adjustment
The Balanced Plan proposes the removal of approximately 12.4 acres of land area within the Balanced Plan area, located mostly on the current GB Capital leasehold east of the mean high tide line and on land now owned in fee by the District. This land will b e removed from the LCP, City’s General Plan, and LUC will be added to the District’s PMP to reflect changes in jurisdictional authority. These changes will clarify the jurisdictional boundary between the City and the District and will be reflected on all City zoning and General Plan Maps. These lands are not currently regulated by the Port Master Plan and this jurisdictional amendment will ensure consistency with
the California Coastal Act and the Public Trust Doctrine. The District will amend its PMP map accordingly. See Attachment 3.
Bayshore Bikeway
As a major goal of the City’s original LCP submission, the Bayshore Bikeway is now being realized. The Bayshore Bikeway Segment 5 is generally located on a combination of existing roadways including Bay Mar ina Drive, Marina Way (formerly Harrison Avenue), Cleveland Avenue, McKinley Avenue, West 19th Street, Tidelands Avenue, West 14th Street, and Civic Center Drive. Most of the Bayshore Bikeway component is located within the City’s jurisdiction and the sou thernmost portion is located within the District’s jurisdiction. A small portion of the bikeway encroaches into the 100 -foot buffer around the Sweetwater Marsh. Protection of the marsh will be assured through the adoption of Mitigation Measures Bio-1, Bio-3, Bio-4 and Bio-5 contained in the Mitigation Monitoring and Reporting Program (MMRP), which is part of in the Port of San Diego’s Balanced Plan EIR1. City consultants are also coordinating with the California Coastal Commission and the California Department of Fish and Wildlife regarding details of marsh protection measures. These are also included in the MMRP. This new section of the Bayshore Bikeway is an important component of the 24 -mile Bayshore Bikeway that circumnavigates San Diego Bay. The City i s currently updating its Bicycle Master Plan to include the new Bayshore Bikeway segment.
Harbor District Specific Area Plan (HDSAP)
The HDSAP is the area roughly south of Bay Marina Drive between Paradise Marsh and the National City Marine Terminal and was adopted by the City Council on July 28, 1998 and certified by the Coastal Commission on November 5, 1998. At that time, the HDSAP was intended to be a resource-based, environmental implementation plan to establish site-specific conservation and development standards in the OSR (Open Space Reserve), CT (Tourist Commercial), MM (Medium Manufacturing), and OS (Open Space) districts. No land use changes or specific development were included. Since 1998, the HDSAP has been implemented and is no longer relevant, given the changes in jurisdictional boundaries between the District and the City.
Therefore, the HDSAP will be replaced by the Balanced Plan.
Balanced Plan Components within the District’s Jurisdiction The Balanced Plan also includes a number of development components located within the jurisdiction of the District which are integral to the overall development and economic benefit of the wa terfront and marina area. The District’s Balanced Plan components are provided for informational purposes only and are not subject to any discretionary action by the City. Proposed changes within the District’s jurisdiction include the following. Changes to land and water use designations in the District’s Port Master Plan (PMP). Construction and operation of a recreational vehicle (RV) park, modular cabins, dry boat storage, an expanded marina, and up to four hotels, primarily within the District’s jurisdiction within lands leased to GB Capital.
The expansion of Pepper Park from 5.2 acres to 7.7 acres to increase park space and
1 https://portofsandiego.legistar.com/LegislationDetail.aspx?ID=5938482&GUID=9FB18B0D- 0E4C-4058-B5E3-67FE3ADD0148 (see 1. 2022-0360A Draft Resolution)