STATE OF CALIFORNIA—NATURAL RESOURCES AGENCY EDMUND G. BROWN, JR., GOVERNOR CALIFORNIA COASTAL COMMISSION NORTH COAST DISTRICT OFFICE 1385 8 th STREET • SUITE 130 ARCATA, CA 95521 VOICE (707) 826- 8950 FAX (707) 826- 8960 W25a MEMORANDUM Date: May 9, 2016 To: Commissioners and Interested Persons From: Alison Dettmer, Deputy Director Bob Merrill, District Manager Cristin Kenyon, Coastal Planner Subject: Addendum to Commission Meeting for Wednesday, May 11, 2016 North Coast District Item W25a, CDP Application 1-15-2054 (City of Eureka) This addendum presents certain clarifying revisions to the staff recommendation for approval of the project with conditions mailed on April 29, 2016, including changes to Special Condition Nos. 17, 18, and 19 and associated findings. The revisions were made in response to requests by City staff after publication of the staff recommendation. The revisions relate only to the manner that the protections set forth in the special conditions are implemented and the addendum does not otherwise alter staff’s recommendation of approval with conditions. The applicant agrees with the staff recommendation, and staff is recommending that the application be moved to, and then approved on, the Commission’s consent calendar. Text to be deleted is shown in bold strikethrough, text to be added appears in bold double- underline. Modifications to Special Conditions. • Special Condition Nos. 17& 18 on pages 13-14 of the staff recommendation are modified as follows: 17. Open Space Restriction on Mitigation Properties A. No development, as defined in Section 30106 of the Coastal Act, shall occur within the 1.28-acre tidal salt marsh mitigation area on APN 002-231-004 that is bordered to the west by the approved coastal trail, to the south by the 1st Street right-of- way, to the east by salt marsh adjacent to the main channel of Eureka Slough, and to the north by a secondary tidal channel that connects to the main channel of Eureka Slough and extends east to west approximately 250 feet north of the 1-15-2054 (City of Eureka) Addendum 1st Street right-of-way as generally depicted on the site plan and grading and planting plan on pages 2 and 5 Figure 3 of Exhibit 7 (Exhibit 7, pg. 2), or within the 0.08 acre willow shrubland mitigation area on APN 007-071-014 that borders the approved trail as it turns north on Parcel 4 west of the Bayshore Mall as generally depicted on the site plan and details on pages 3 and 4 Figure 4 of Exhibit 7 (Exhibit 7, pg. 3), except for: i. The authorized development that is approved by this permit as specifically identified in Finding IV-A, “Project Description and Setting,” and ii. The following development, if approved by the California Coastal Commission as an amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required: (a) vegetation clearance if required by the California Department of Forestry and Fire Protection to meet fire safety standards; (b) maintenance of existing utilities and community services infrastructure; and (c) other allowable uses for the diking, filling, or dredging of wetlands pursuant to Section 30233(a) of the Coastal Act. B. PRIOR TO ISSUANCE OF COASTAL DEVELOPMENT PERMIT 1-15-2054, the applicant shall submit for the review and approval of the Executive Director, and upon such approval, for attachment as an Exhibit to the CDP, formal metes and bounds legal descriptions and graphic depictions, prepared by a licensed surveyor, of the portions of APN 002-231-004 and APN 007-071-014 affected by this condition, as generally described above and shown on Exhibit 7 attached to this staff report. 18. Agreement to Record a Deed Restriction if the Mitigation Properties are to be Conveyed A. PRIOR TO ANY CONVEYANCE OF APN 002-231-004 (the APN containing the estuarine saltmarsh mitigation site as generally depicted on the site plan and grading and planting plan on pages 2 and 5 Figure 3 of Exhibit 7) (Exhibit 7, pg. 2), the City of Eureka shall submit to the Executive Director for review and approval, documentation demonstrating that they as landowner have executed and recorded against APN 002-231-004 a deed restriction, in a form and content acceptable to the Executive Director which reflects the restrictions on development of the subject parcel contained in Special Condition 17 above. The deed restriction shall run with the land binding all successors and assigns, and shall be recorded free of prior liens that the Executive Director determines may affect the enforceability of the restriction. This deed restriction shall not be removed or changed without a Commission amendment to this coastal development permit. B. PRIOR TO ANY CONVEYANCE OF APN 002-231-004 AND PRIOR TO SUBMITTAL TO THE EXECUTIVE DIRECTOR OF THE DEED RESTRICTION REQUIRED IN PART A ABOVE, the applicant shall submit for the review and approval of the Executive Director, and upon such approval, for attachment as an Exhibit to the deed restriction, a formal metes and bounds legal description and graphic depiction, prepared by a licensed surveyor, of the portions of APN 002-231-004 affected by this condition, as generally described above and shown on Exhibit 7 attached to this staff report. 2 1-15-2054 (City of Eureka) Addendum B.C. PRIOR TO ANY CONVEYANCE OF APN 007-071-014 (the APN containing the willow shrubland mitigation site as generally depicted on the site plan and details on pages 3 and 4 Figure 4 of Exhibit 7) (Exhibit 7, pg. 3), the City of Eureka shall submit to the Executive Director for review and approval, documentation demonstrating that they as landowner have executed and recorded against APN 007- 071-014 a deed restriction, in a form and content acceptable to the Executive Director, which reflects the above restrictions on development of the subject parcel contained in Special Condition 17 above. The deed restriction shall run with the land binding all successors and assigns, and shall be recorded free of prior liens that the Executive Director determines may affect the enforceability of the restriction. This deed restriction shall not be removed or changed without a Commission amendment to this coastal development permit. D. PRIOR TO ANY CONVEYANCE OF APN 007-071-014 AND PRIOR TO SUBMITTAL TO THE EXECUTIVE DIRECTOR OF THE DEED RESTRICTION REQUIRED IN PART C ABOVE, the applicant shall submit for the review and approval of the Executive Director, and upon such approval, for attachment as an Exhibit to the deed restriction, a formal metes and bounds legal description and graphic depiction, prepared by a licensed surveyor, of the portions of APN 007-071-014 affected by this condition, as generally described above and shown on Exhibit 7 attached to this staff report. D.E. PRIOR TO ISSUANCE OF COASTAL DEVELOPMENT PERMIT 1-15-2054, the applicant shall submit a written agreement, in a form and content acceptable to the Executive Director, acknowledging and agreeing to implementation of all of the above terms of this condition. Reasons for recommended changes: The City is mitigating for the wetland fill impacts of the trail by reestablishing tidal salt marsh habitat in a 1.28-acre location on APN 002-231- 004 and planting 0.08 acres of willow shrubland habitat on APN 007-071-014. To ensure that the mitigation areas are preserved as open space in perpetuity as mitigation for the permanent wetland fill impacts of the trail, Special Condition 17 restricts future development within the mitigation areas and utilizes a metes and bounds legal description to define the areas restricted from future development. In response to a request by the City to expedite CDP issuance in order to begin construction of the trail this summer, the requirement that formal metes and bounds legal descriptions and graphic depictions of the mitigation areas be submitted as the mechanism to define the restricted areas has been replaced with a geographic description and demarcation of the areas to be restricted. Because the deed restrictions on the mitigation properties are not required unless and until the properties are conveyed to another owner, the formal metes and bounds legal descriptions and graphic depictions of the mitigation areas to be attached to the deed restrictions are instead required prior to any conveyance of the mitigation properties. Special Conditions 17 and 18 have also been revised to provide more specific geographic description and demarcations of the mitigation sites so that the areas to be protected are evident. 3 1-15-2054 (City of Eureka) Addendum • Special Condition No. 19 on page 14 of the staff recommendation is modified as follows: 19. Use, Maintenance, Modification, and Abandonment of Trail. A. The trail authorized by this coastal development permit shall comply with the following: i. The trail shall be a Class I multi-use trail available for shared public use by non-motorized users including pedestrians, bicyclists, wheelchair users, strollers, joggers, and other non-motorized vehicle users 24 hours a day daily; ii. The permittee shall be responsible for maintenance of the multi-modal trail and motorized vehicles shall be permitted access by the City and its agents for construction, maintenance and emergency purposes; iii. Trail segments (Phases A, B, and C), as identified in Exhibit 2, shall not be open for public use until completion of the trail improvements in that segment; iv. The City shall maintain continuously all trail improvements in good order and repair and shall allow no nuisances to exist or be maintained therein; v. No portion of the trail owned by the City of Eureka in fee or by grant of easement may be abandoned by the City until a grant of easement is transferred to another entity, approved by the Executive Director, who can operate that portion of the trail in conformance with all terms and conditions of this coastal development permit; vi.