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HomeMy WebLinkAbout04 - Authorizing the Submittal of the Whale Tail Grant Application for Funding of the Junior Lifeguard Scholarship ProgramQ �EwPpRT CITY OF s NEWPORT BEACH `q44:09 City Council Staff Report October 10, 2023 Agenda Item No. 4 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Jeff Boyles, Fire Chief - 949-644-3101, jboyles@nbfd.net PREPARED BY: Cynthia Haritatos, Recreation Coordinator, charitatos@nbfd.net PHONE: 949-644-3170 TITLE: Resolution No. 2023-57: Authorizing the Submittal of the Whale Tail Grant Application to the California Coastal Commission for Funding of the Junior Lifeguard Scholarship Program ABSTRACT: The California Coastal Commission (Commission) issued a coastal development permit to the City of Newport Beach (City) in March 2022 for the new Junior Lifeguard Building. One of the permit conditions requires the City to develop and maintain a scholarship program to encourage low income and underserved youth to participate in the City's Junior Lifeguard program (JG Program). To meet that condition, staff developed a Junior Lifeguard Scholarship Program (Scholarship Program) and sought out various grant opportunities to support it. Staff is requesting City Council approval of Resolution No. 2023-57, authorizing the submission of a Whale Tail Grant application to the Commission for additional scholarship funding. RECOMMENDATIONS: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Adopt Resolution No. 2023-57, A Resolution of the City Council of the City of Newport Beach, California, Authorizing the Application for and Securing of Funds from the California Coastal Commission's Whale Tail Grant Program for the Junior Lifeguard Scholarship Program; and c) Authorize the City Manager, or her designee, to sign grant documents and any other documentation necessary to secure grant funding. DISCUSSION: The Scholarship Program provides low income and underserved youth ages 9-15 an opportunity to participate in the JG Program, one of the City's largest and most recognized recreational programs that averages approximately 1,300-1,400 participants each summer. In addition to participation in the JG Program, each scholarship recipient will receive all items distributed to full -paying participants. Depending on funding availability, staff may also offer partial scholarships as a means of reaching additional youth in need. 4-1 Authorizing the Submittal of the Whale Tail Grant Application to the California Coastal Commission for Funding of the Junior Lifeguard Scholarship Program October 10, 2023 Page 2 During the coastal development permit process for the Junior Lifeguard Building, the Commission required that a plan detailing the Scholarship Program be submitted to the Commission for review and approval prior to the Scholarship Program's launch. The Commission subsequently approved the City's plan for the Scholarship Program. Per the approved plan, the City will aim to provide scholarships to one percent of the total number of participants for the initial year of the program. For the three years thereafter, the City would seek to award scholarships to three percent of program participants, and thereafter to award scholarships to 10 percent of the overall JG participants. Prior to March 9, 2025 (within three years of permit approval), the City must provide a written report updating the Commission on the Scholarship Program. The Commission's Whale Tail Grant Program helps fund projects relating to the coast and ocean that may fall into one or more of the following categories: 1) youth education programs, 2) programs for educating the general public or adults, 3) climate change education and stewardship, 4) shoreline cleanup and enhancement programs. The Commission specified this grant as a possible funding source for the City's Scholarship Program. The City Council adopted Resolution No. 2022-69 in October 2022, authorizing the submittal of a Whale Tail grant application. The City requested $17,000 in grant funding, which would fund one percent of the program (for approximately 13-14 participants.) Due to the number of grant submissions and the amount of funds requested by various agencies and programs, the City was not awarded any funding for the 2023 Scholarship Program. In response, the City sought out alternate means of funding, and successfully raised $18,360 via contributions from organizations and the public. $9,250 in funds were raised in time for the 2023 JG Program payment deadline. As a result, nine full and four partial scholarships were offered for the 2023 JG Program and 12 individuals accepted a scholarship. The remaining $9,498 will be used for the 2024 Scholarship Program. For the 2023 grant submission, the City is requesting $44,100, which would fund the three percent (3%) Scholarship Program goal (or roughly 39 participants) for the 2024 JG program. Staff hopes that the success of the Scholarship's pilot year and proof of outside funding contributions will assist in obtaining grant funding. The Whale Tail Grant allows the awardee up to two years to use funds. In the event the City is awarded the funds but does not have enough qualified applicants for the 2024 Scholarship year, the City would use the remaining funds for the 2025 Scholarship Program. Resolution No. 2023-57, if adopted, would allow the City to again apply for a Whale Tail grant and authorize the City Manager to sign related grant documents. 4-2 Authorizing the Submittal of the Whale Tail Grant Application to the California Coastal Commission for Funding of the Junior Lifeguard Scholarship Program October 10, 2023 Page 3 FISCAL IMPACT: If the City receives the grant, the revenue will be posted to the 01040405-561090 (Junior Lifeguard Scholarship Program) account in the Fire Department. A corresponding expenditure account will be created to expense grant funds as needed. Awarding of grant funds is expected in early 2024. If successful, City staff will continue to refine the Scholarship Program in the following years. The next JG Program is scheduled to begin in June 2024. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A — Resolution No. 2023-57 Attachment B — Coastal Development Permit 5-21-0391 4-3 ATTACHMENT A RESOLUTION NO. 2023. 57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AUTHORIZING THE APPLICATION FOR AND SECURING OF FUNDS FROM THE CALIFORNIA COASTAL COMMISSION'S WHALE TAIL GRANT PROGRAM FOR THE JUNIOR LIFEGUARD SCHOLARSHIP PROGRAM WHEREAS, the California Coastal Commission ("Commission") is a state regulatory and planning agency that operates under the 1976 Coastal Act to manage the conservation and development of coastal resources in California; WHEREAS, the Commission issued a coastal development permit for the City of Newport Beach's ("City") Junior Lifeguard building project on the condition that City pursue funding sources to increase participation by low income and underserved youth in the junior lifeguard program; and WHEREAS, the City has created a Junior Lifeguard Scholarship program ("Program") as a means of increasing participation by low income and underserved youth and desires to fund the Program in part with funding from the Commission's Whale Tail grant program, the purpose of which is to connect children and the general public to the California coast and its watersheds through experiential education, stewardship, and outdoor experiences. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Manager, or designee, shall be the City's designated representative and is authorized to apply for funding in an amount up to $50,000 from the Whale Tail grant program and to execute all necessary contract and/or grant documents and take any other necessary actions to secure such grant funds. If awarded, the grant funds will be used by the City to fund the Program. Section 2: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Resolution No. 2023- Page 2 of 2 Section 3: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 4: The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Section 5: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 10' day of October, 2023. NOAH BLOM Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aar n C. Harp City Attorney 4-5 ATTACHMENT B STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY GAVIN NEWSOM, GOVERNOR CALIFORNIA COASTAL COMMISSION SOUTH COAST DISTRICT OFFICE 301 E. OCEAN BLVD., SUITE 300 LONG BEACH, CALIFORNIA 90802-4830 PH (562)590-5071 FAX (562)590-5084 W W W. COASTAL. CA.GOV Page 1 June 28, 2021 Permit Application Number: 5-21-0391 COASTAL DEVELOPMENT PERMIT On March 9, 2022, the California Coastal Commission granted to the City of Newport Beach this permit subject to the attached Standard and Special Conditions, for development consisting of: removal of 2,100 sq ft, 13 feet high Jr. Lifeguard building, 650 sq ft storage container, 1,200 sq ft wood deck located on sandy beach; construction of a new 5,400 sq ft, 16.5 foot high (total height is 18.5 ft including 2' pad height), single story, flat roof, Jr. Lifeguard bldg. with a 1,720 sq ft wood deck; and reconfiguration of the existing beach parking lot, including demolition and replacement of hardscape and landscape, reconfiguration of parking spaces, re -striping, more specifically described in the application filed in the Commission offices. The development is within the coastal zone at: 901 E. Oceanfront, within "A" Street and Main Street Parking Lots, Newport Beach, Orange County APN: 048-320-03 Issued on behalf of the California Coastal Commission by Sincerely, John Ainsworth Executive Director DocuSigned by: 3D9E47D79B334EE... Meg Vaughn Coastal Program Analyst cc: Commissioners/File mo Coastal Development Permit 5-21-0391 ACKNOWLEDGMENT: Page 2 June 28, 2022 The undersigned permittee acknowledges receipt of this permit and agrees to abide by all terms and conditions thereof. The undersigned permittee acknowledges that Government Code Section 818.4 which states in pertinent part of that: "A Public entity is not liable for injury caused by the issuance... of any permit..." applies to the issuance of this permit. IMPORTANT: THIS PERMIT IS NOT VALID UNLESS AND UNTIL A COPY OF THE PERMIT WITH THE SIGNED ACKNOWLEDGEMENT HAS BEEN RETURNED TO THE COMMISSION OFFICE. 14 Cal. Admin. Code Section 13158(a). Date: STANDARD CONDITIONS: Signature 1. Notice of Receipt and Acknowledgment. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced, the permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. 4. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 5. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. G� Page 3 June 28, 2022 Coastal Development Permit 5-21-0391 SPECIAL CONDITIONS: This permit is granted subject to the following special conditions: 1. Permit Compliance. The permittee shall undertake and maintain the development in conformance with the special conditions of the permit and the final plans approved by the Executive Director. Any proposed changes to the approved plans shall be reported to the Executive Director in order to determine if the proposed change shall require a permit amendment pursuant to the requirements of the Coastal Act and the California Code of Regulations. No changes to the approved plans shall occur without a Commission -approved permit amendment unless the Executive Director determines that no permit amendment is required. 2. Future Development. This permit is only for the development described in coastal development permit (CDP) 5-21-0391. Pursuant to Title 14 California Code of Regulations (CCR) Section 13253(b)(6), the exemptions otherwise provided in Public Resources Code (PRC) Section 30610(b) shall not apply to the development governed by the CDP 5-21-0391. Accordingly, any future improvements to the development authorized by this permit shall require an amendment to CDP 5-21-0391 from the Commission or shall require an additional CDP from the Commission unless the Executive Director provides a written determination that no amendment is legally required for any proposed minor deviations. 3. Assumption of Risk, Waiver of Liability and Indemnity. By acceptance of this permit, the permittee acknowledges and agrees (i) that the site may be subject to hazards, including but not limited to waves, storms, flooding, and erosion, all of which will may worsen with future sea level rise; (ii) to assume the risks tc the permittee and the property that is the subject of this permit of injury and damage from such hazards in connection with this permitted development; (iii) to unconditionally waive any claim of damage or liability against the Commission, its officers, agents, and employees for injury or damage from such hazards; and (iv) to indemnify and hold harmless the Commission, its officers, agents, and employees with respect to the Commission's approval of the project against any and all liability, claims, demands, damages, costs (including costs and fees incurred in defense of such claims), expenses, and amounts paid in settlement arising from any injury or damage due to such hazards. 4. No Future Shoreline Protective Device. A. By acceptance of this permit, the permittee agrees, on behalf of itself and any successors and assigns, that no shoreline protective device(s) shall ever be constructed to protect the development approved pursuant to Coastal ..; Page 4 June 28, 2022 Coastal Development Permit 5-21-0391 Development Permit No. 5-21-0391 including, but not limited to, the Junior Lifeguards structure, in the event that the development is threatened with damage or destruction from waves, erosion, storm conditions, liquefaction, flooding, sea level rise, or any other natural hazards in the future. By acceptance of this permit, the permittee hereby waives, on behalf of itself and any successors and assigns, any rights to construct such devices that may exist under Public Resources Code Section 30235, any similar provision of a certified LCP, or any applicable law. B. By acceptance of this Permit, the permittee further agrees, on behalf of itself and all successors and assigns, that it is required to remove all or a portion of the development authorized by this permit and restore the site, if: i. The City or any government agency with jurisdiction has issued a final order, not overturned through any appeal or writ proceedings, determining that the structure are currently and permanently unsafe for occupancy or use due to damage or destruction from waves, erosion, storm conditions, liquefaction, flooding, sea level rise, or other natural hazards related to coastal processes, and that there are no feasible measures that could make the structure suitable for habitation or use without the use of bluff or shoreline protective devices; ii. Essential services to the site (e.g. utilities, roads) can no longer feasibly be maintained due to the coastal hazards listed above; iii. Removal is required pursuant to LCP policies for sea level rise adaptation planning; or iv. The development requires new or augmented shoreline protective devices that conflict with applicable LCP or Coastal Act policies. 5. Erosion and Flooding Monitoring. A. Monitoring Plan. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the permittee shall submit a monitoring plan, prepared by a licensed civil or geotechnical engineer with expertise in coastal processes, for the review and written approval of the Executive Director. The plan shall be sufficient to assess the condition (safety & structural stability) of the Junior Lifeguard Building (Building) approved pursuant to CDP 5-21-0391 and shall include at a minimum: 1. A description of the approved Building and "A" Street Parking Lot (Parking Lot); I • Page 5 June 28, 2022 Coastal Development Permit 5-21-0391 2. A discussion of the goals and objectives of the plan, which shall include whether the Building and Parking Lot remain in their approved, as -built conditions and whether the Building remains structurally stable and safe for occupancy and; 3. A description of the methods to be used to carry out the monitoring requirements detailed in subsection (B), below, including but not limited to measurements, photos, maps, plans, instrumentation/tools to be used. B. Monitoring Requirement. Within one year of completion of construction of the development described in CDP 5-21-0391 and within 90 days of any major flooding or erosion event thereafter for the life of the Building, the permittee shall submit a monitoring report containing the following, at a minimum: 1. An evaluation of the condition of the approved Building and Parking Lot, including an assessment of whether any erosion and/or flooding damage has occurred and whether that could adversely impact current or future safety and stability of the Building; 2. An evaluation of whether or not the building is expected to remain structurally stable and safe for occupancy over the next one-year period; 3. An evaluation of the Building foundation based upon observation, professional expertise, and precise measurements; 4. A description of all measurements taken in conformance with the approved monitoring plan, and the locations of all measurements taken, and the measurements themselves; 5. Site photos and a map/plan identifying the points at which the photos were taken and the direction; 6. An assessment of any significant beach erosion over the previous monitoring cycle, including documentation (measurements, photos, maps, plans) of seasonal beach width and beach width following significant storm events; 7. An assessment of flooding since the previous monitoring cycle, including weather data; 8. Recommendations for Building repair and maintenance. C. If the monitoring report contains recommendations for repair and maintenance necessary for safety and stability of the Building, the permittee shall contact the Executive Director to determine whether a coastal development permit or an amendment to this permit is legally required, and, if required, shall subsequently apply for a coastal development permit or permit amendment for the required repair and maintenance improvements within 90 days of the report 4-10 Page 6 June 28, 2022 Coastal Development Permit 5-21-0391 submittal. The permittee shall provide sufficient information for the Executive Director to determine whether a new CDP or CDPA is required. The permittee shall include a recommendation, for the review and approval of the Executive Director, as to whether the repair and maintenance activities must be developed by a licensed civil or geotechnical engineer with expertise in coastal processes or by other licensed professionals or by appropriate City staff. Repair and maintenance shall not include shoreline protective device(s). Building Removal. If the licensed professional drafting the monitoring report determines the Building is structurally unstable and is not safe for occupancy due to coastal hazards including, but not limited to, waves, storms, flooding and erosion, the permittee shall immediately notify the Executive Director, and within 90 days submit a complete application for a coastal development permit or an amendment to this permit for removal of the Building. The permittee shall work in consultation with the Executive Director on any measures deemed immediately necessary for public safety. 6. Nesting Bird Surveys. The permittee shall retain the services of a qualified biologist to conduct nesting bird surveys in order to determine the presence of bird species including, but not limited to, black -crowned night herons, great blue herons, and snowy egrets, and the presence of any active bird nests. At least 30 calendar days prior to commencement of construction, the applicant shall submit the name and qualifications of the biologist, for the review and approval of the Executive Director. All project construction activities shall be carried out consistent with the following: A. The biologist shall conduct the first nesting bird survey thirty (30) calendar days prior to the commencement of construction. The nesting bird survey shall be sufficient to detect any active bird nests in all trees within a 150-foot radius of the proposed Junior Lifeguard structure and parking lot reconfigurations. If the survey finds any active nests are present within the palm trees proposed to be removed and relocated and/or replaced (Plan Sheets L-2 and L-3 Landscape Concept Plan, 11 /17/2021), construction shall not commence. No trees shall be removed or relocated and an amendment to this permit shall be submitted to address the presence of any active nests. The amendment shall include, but is not limited to: 1) the biological survey that identified the presence of the active nests in the palm trees, with supporting evidence including maps depicting nest location(s); and, 2) the biologist's recommendations for next steps, including but not limited to, timing of construction that would avoid impacts to the nesting birds. B. In the event the nesting bird survey finds no active nests within the palm trees proposed to be removed and replaced (Plan Sheets L-2 and L-3 Landscape 4-11 Page 7 June 28, 2022 Coastal Development Permit 5-21-0391 Concept Plan, 11/17/2021), but active nest(s) are found in trees within 150 feet of the project footprint, then the measures identified below in Section C must be implemented. In the event the nesting bird survey finds no active nests within the palm trees to be removed and relocated and/or replaced, the removal and replacement and/or relocation of the 45 palm trees depicted on Plan Sheets L-2 and L-3 Landscape Concept Plan, 11/17/2021, may commence. C. If an active nest of any shore, wading, or song bird is found within 300 feet of the project, or an active nest for any raptor species is found within 500 feet of the project, the applicant's biologist shall monitor bird behavior and construction noise levels. Follow-up nesting surveys shall be conducted and must continue on a monthly basis throughout the nesting season or until the project is completed, whichever comes first. These surveys shall be submitted to the Executive Director within five days of completion. No nest shall be removed or disturbed. The biological monitor shall be present during all significant construction activities (those with potential noise impacts) to ensure that nesting birds are not disturbed by construction related noise. Project -related activities may occur only if noise levels are at or below a peak of 65 dB at the nest site(s). If project -related noise exceeds a peak level of 65 dB at the nest site(s), sound mitigation measures such as sound shields, blankets around smaller equipment, mixing concrete batches off -site, use of mufflers, and minimizing the use of back-up alarms shall be employed. If these sound mitigation measures do not reduce noise levels, construction shall cease and shall not recommence until either new sound mitigation adequate to ensure protection of the nesting birds can be employed or the nests are no longer active. The new sound mitigation measures shall be submitted for the review and approval of the Executive Director. Work shall not re -commence without written acceptance of the new sound mitigation measures by the Executive Director. D. The permittee shall implement the project in conformance with the requirements of this special condition. 7. Electric Vehicle (EV) Charging Stations A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit, for the review and written approval of the Executive Director, two full-size sets of final plans for the "A" Street parking lot and for the Main Street parking lot. The parking lot plans shall identify the location and type of electric vehicle charging spaces described below. 1. A minimum of five electric vehicle ready parking spaces (with the ability to charge a minimum of five electric vehicles on site at the same time), and; 4-12 Page 8 June 28, 2022 Coastal Development Permit 5-21-0391 2. A minimum of five additional electric vehicle capable spaces (installation of "raceway" — the enclosed conduit that forms the physical pathway for electrical wiring to protect it from damage, and adequate panel capacity to accommodate future installation of a dedicated branch circuit and charging station); 3. In no case shall the number of parking spaces be reduced below the current number of parking spaces within the "A" Street and Main Street parking lots combined. B. The permittee shall undertake development in conformance with the approved final plans unless the Commission amends this permit or the Executive Director provides a written determination that no amendment is legally required for any proposed minor deviations. 8. Private Events. A. By acceptance of this permit, the permittee agrees that public educational and recreational program use of the Junior Lifeguard building shall have priority over any private events. B. The permittee shall undertake development in conformance with this special condition unless the Commission amends this permit or the Executive Director provides a written determination that no amendment is legally required for any proposed minor deviations. 9. Submittal of Final Lighting Plan. A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit, for the review and written approval of the Executive Director, two full-size sets of the final lighting plans. The lighting plan shall identify the location and type of all exterior lighting. The lighting plan shall confirm that all exterior lighting shall: 1. Be designed to achieve the minimum degree of illumination necessary for public safety, minimize light trespass into adjacent non -target areas, and limit the illumination of open space, sandy beach, and ocean to the maximum extent feasible; 2. Lighting shall be downward directed, shielded, energy efficient, dark sky - compatible, and; 3. Incorporate state-of-the-art improvements in lighting technology when replaced thereafter. Replacement bulbs or fixtures shall be upgraded to incorporate best available technology over the life of the installation; 4. Programmable timing devices shall be utilized to turn off unnecessary lights where feasible; 5. Illuminated signs are prohibited. 4-13 Page 9 June 28, 2022 Coastal Development Permit 5-21-0391 B. The permittee shall undertake development in conformance with the approved final plans unless the Commission amends this permit or the Executive Director provides a written determination that no amendment is legally required for any proposed minor deviations. 10. Main Street Parking Lot Post Construction Drainage Plan. A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit, for the review and written approval of the Executive Director, two full size sets of the Main Street Parking Lot Post Construction Drainage Plan. The Post Construction Drainage plan shall reflect all water quality measures that will be implemented in the Main Street parking lot. These may include, but are not necessarily limited to, filtration of site drainage, directing drainage to landscaped areas, and/or directing drainage to dry wells. B. The permittee shall undertake development in conformance with the approved final plans unless the Commission amends this permit or the Executive Director provides a written determination that no amendment is legally required for any proposed minor deviations. 11. Construction Public Access Signage Plan. A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit, for the review and written approval of the Executive Director, two sets of the final Construction Public Access Plan. The Construction Public Access Plan shall include construction information signage and public access wayfinding signage. The Construction Public Access Signage Plan shall, at a minimum: 1. Identify on a site plan the location and type of each sign to be posted prior to and during project construction; 2. Identify the timing/duration that each sign will be posted; 3. Depict the content/wording of each sign to be posted prior to and during project construction; 4. The dimensions of each sign; 5. The size, text, and font of the sign lettering on each sign; 6. The signage shall facilitate, manage, and promote public access to, from, and along the shoreline for the duration of construction of the Junior Lifeguard building and parking lot reconfigurations. B. The permittee shall undertake development in conformance with the approved final plans unless the Commission amends this permit or the Executive Director provides a written determination that no amendment is legally required for any proposed minor deviations. 4-14 Page 10 June 28, 2022 Coastal Development Permit 5-21-0391 12. Construction Best Management Practices. A. The permittee shall comply with the following construction -related requirements and shall do so in a manner that complies with all relevant local, state and federal laws applicable to each requirement: (1) No construction materials, debris, or waste shall be placed or stored where it may be subject to wave, wind, rain, or tidal erosion and dispersion; (2) Any and all debris resulting from construction activities shall be removed from the project site within 24 hours of completion of the project; (3) Construction debris and sediment shall be removed from construction areas each day that construction occurs to prevent the accumulation of sediment and other debris which may be discharged into coastal waters; (4) Erosion control/sedimentation Best Management Practices (BMPs) shall be used to control dust and sedimentation impacts to coastal waters during construction. BMPs shall include, but are not limited to, placement of sand bags around drainage inlets to prevent runoff/sediment transport into coastal waters; and (5) All construction materials, excluding lumber, shall be covered and enclosed on all sides, and stored as far away from a storm drain inlet and receiving waters as possible. B. Best Management Practices (BMPs) designed to prevent spillage and/or runoff of construction -related materials, sediment, or contaminants associated with construction activity shall be implemented prior to the onset of such activity. Selected BMPs shall be maintained in a functional condition throughout the duration of the project. Such measures shall be used during construction: (1) The permittee shall ensure the proper handling, storage, and application of petroleum products and other construction materials. These shall include a designated fueling and vehicle maintenance area with appropriate berms and protection to prevent any spillage of gasoline or related petroleum products or contact with runoff. It shall be located as far away from the receiving waters and storm drain inlets as possible; (2) The permittee shall develop and implement spill prevention and control measures; (3) The permittee shall maintain and wash equipment and machinery in confined areas specifically designed to control runoff. Thinners or solvents shall not be discharged into sanitary or storm sewer systems. Washout from concrete trucks shall be disposed of at a location not subject to runoff and more than 50 feet away from a storm drain, open ditch or surface water; and (4) The permittee shall provide adequate disposal facilities for solid waste, including excess concrete, produced during construction. 4-15 Page 11 June 28, 2022 Coastal Development Permit 5-21-0391 13. Deed Restriction. PRIOR TO ANY CONVEYANCE OF THE PROPERTY THAT IS THE SUBJECT OF THIS COASTAL DEVELOPMENT PERMIT, the permittee shall execute and record a deed restriction, in a form and content acceptable to the Executive Director: (1) indicating that, pursuant to this permit, the California Coastal Commission has authorized development on the subject property, subject to terms and conditions that restrict the use and enjoyment of that property (hereinafter referred to as the "Standard and Special Conditions"); and (2) imposing all Standard and Special Conditions of this permit as covenants, conditions and restrictions on the use and enjoyment of the Property. The restriction shall include a legal description of the applicant's entire parcel or parcels. It shall also indicate that, in the event of an extinguishment or termination of the deed restriction for any reason, the Standard and Special Conditions of this permit shall continue to restrict the use and enjoyment of the subject property so long as either this permit or the development it authorizes — or any part, modification, or amendment thereof — remains in existence on or with respect to the subject property. 14. Revised Plans. A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit, for the review and written approval of the Executive Director, two full size sets of revised final floor plans, prepared by an appropriately licensed professional, showing how the development identified on plans will be designed to accommodate flexible space within the existing project's footprint to allow expansion of the area of the women's locker room as demand for this space increases. B. Should demand increase for women's locker room space in the future to the extent that the flexible space needs to be converted, the permittee shall submit plans for the review of the Executive Director. No development shall take place until an amendment to the permit is approved by the Commission or the Executive Director provides a written determination that no amendment is legally required for any proposed minor deviations. C. The permittee shall undertake development in conformance with the approved final plans unless the Commission amends this permit or the Executive Director provides a written determination that no amendment is legally required for any proposed minor deviations. 15. Evidence of Additional Funding Options Sought to Increase the Number of Jr. Lifeguard Scholarships Provided. A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit, for the review and written approval of the Executive Director, a plan outlining and describing measures to be implemented by the 4-16 Page 12 June 28, 2022 Coastal Development Permit 5-21-0391 applicant to increase participation in the program by low income and underserved youths, including identification of additional funding sources to be pursued. B. Within three years of approval of CDP 5-21-0391 (approved on 3/9/2022), the applicant shall provide a written report updating the Coastal Commission on Junior Lifeguard scholarship program generally and scholarship funding specifically, including but not limited to: 1. the specific funding sources sought (which may include, but are not limited to, the Coastal Commission's Whale Tail grant program; the Coastal Conservancy's Explore the Coast Program; a percentage of any class fee if required for classes offered in the Jr. Lifeguard building; a percentage of the rental fee from private rentals of the Jr. Lifeguard building); 2. the measures taken to secure scholarship funding from each source, including, but not limited to: a) the application procedure and timing of application(s), b) responses to application(s) from the funding source(s); c) description of any additional information required of the applicant by the potential funding source(s), d) the timing of the response to any request(s) for additional information; 3. the success in obtaining funds from each source sought, including dollar amount received or to be received, timing of receipt of the dollar amount, whether the funding allocation is a onetime donation or an on -going donation; 4. the terms of funding received and/or to be received; 5. a detailed written description of how any funds received have been used; 6. the number of Junior Lifeguard scholarships provided per year for every year since the date of Coastal Commission approval of CDP 5-21-0391 (3/9/2022); 7. written discussion regarding the likelihood of increasing the number of scholarships offered in the future; 8. plans for maintaining and increasing the funding for Junior Lifeguard scholarships for low income and underserved youths in the future. C. The permittee shall undertake development, including implementation of the plan subject to this special condition, in conformance with the approved final plan unless the Commission amends this permit or the Executive Director provides a written determination that no amendment is legally required for any proposed minor deviations. 4-17