COASTAL CONSERVANCY. Staff Recommendation November 6, 2008 SAN FRANCISCO BAY TRAIL: CANAL BOULEVARD CONSTRUCTION

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1 COASTAL CONSERVANCY Staff Recommendation November 6, 2008 SAN FRANCISCO BAY TRAIL: CANAL BOULEVARD CONSTRUCTION File No Project Manager: Michelle Jesperson RECOMMENDED ACTION: Authorization to disburse up to $97,000 to the City of Richmond to construct a 465-foot-long segment of the San Francisco Bay Trail along Canal Boulevard. LOCATION: City of Richmond, Contra Costa County PROGRAM CATEGORY: San Francisco Bay Area Conservancy EXHIBITS Exhibit 1: Project Location and Site Map Exhibit 2: Construction Design Drawings Exhibit 3: May 24, 2007 Staff Recommendation RESOLUTION AND FINDINGS: Staff recommends that the State Coastal Conservancy adopt the following resolution pursuant to Sections of the Public Resources Code: The State Coastal Conservancy (the Conservancy ) hereby authorizes disbursement of an amount not to exceed $97,000 (ninety-seven thousand dollars) to the City of Richmond (the City ) to construct a 465-foot-long segment of the San Francisco Bay Trail along Canal Boulevard. Prior to the disbursement of funds the District shall submit for the review and approval of the Executive Officer of the Conservancy, the following: 1. A work program, including project schedule and budget, and the names of any contractors to be employed on the project. 2. Evidence that all permits and approvals necessary to implement the project have been obtained. Staff further recommends that the Conservancy adopt the following findings: Based on the accompanying staff report and attached exhibits, the State Coastal Conservancy hereby finds that: Page 1 of 5

2 SAN FRANCISCO BAY TRAIL: CANAL BOULEVARD CONSTRUCTION 1. The proposed project is consistent with the current Project Selection Criteria and Guidelines, last updated by the Conservancy on September 20, The proposed authorization is consistent with the purposes and objectives of Chapter 4.5 of Division 21 of the Public Resources Code, regarding the San Francisco Bay Area Conservancy Program. PROJECT SUMMARY: Staff recommends the Conservancy authorize disbursement of up to $97,000 to the City of Richmond to construct a 465 foot-long segment of the San Francisco Bay Trail (Bay Trail) along Canal Boulevard (Blvd). The completion of this Bay Trail segment is required by a permit issued by the Bay Conservation and Development Commission (BCDC) to Eagle Rock Aggregates, Inc. (Eagle Rock) in The permit requires Eagle Rock to pay an in-lieu fee of $150,000 to the Conservancy for this specific public access improvement that will close an existing gap in the Bay Trail. The Conservancy authorized $53,000 to the City in May 2007 to prepare the construction design plans for the Canal Blvd Bay Trail Gap. Staff now seeks Conservancy authorization to disburse the remaining funds to the City for construction of the Bay Trail improvements. The Canal Blvd Bay Trail Gap ( Trail Gap ) consists of a 465-foot long missing section of the Bay Trail along Canal Blvd north of the intersection of Seacliff Drive and Canal Blvd (see Exhibit 1). The proposed new section of trail will connect the existing portion of the Bay Trail along Canal Blvd to the existing portion of the Bay Trail along Seacliff Drive and a proposed portion of the Bay Trail extending into the Port of Richmond Shipyard No. 3. The Trail Gap will be completed within the existing right-of-way as a Class I, two-way, multiuse trail segment and will meet Bay Trail Design Guidelines (see Bay Trail: Planning for a Recreational Ring Around San Francisco Bay (San Francisco Bay Trail Project, July 1989, reprinted March 2001). These guidelines are consistent with BCDC trail design guidelines for all trail projects along the Bay. The trail will be a minimum of eight feet wide and comprised of existing and new asphalt pavement along with striping and drainage swale improvements along the west side of Canal Blvd (see Construction Design Drawings in Exhibit 2). The trail will be designed to direct bicyclists and pedestrians from the existing sidewalk and southbound bike lane along Canal Blvd across an unnamed road and onto the new trail. Additionally, the new trail will serve pedestrians and bicyclists coming from Seacliff Drive and traveling north along west side of Canal Blvd. The trail will include safety features such as Caltrans designated object markers (tubular reflective posts that define the edge of the road for both drivers and trail users); a twofoot striped buffer zone separating the trail from Canal Blvd traffic, striping, and signage. It will also be ADA accessible in that the pathway does not exceed limiting cross slopes and grades. The Port of Richmond, a department within the City of Richmond, recently completed construction design plans for the entire section of the Bay Trail through the western side of the Port s property as shown in Exhibit 1. The gap along Canal Blvd will be constructed as part of this larger project, but the funding for Canal Blvd gap will come from the funds provided by Eagle Rock, pursuant to the BCDC permit. Site Description: Kaiser Shipyard Number 3 lies on the western side of the Port of Richmond (the Port), in what is now called Potrero Marine Terminal. The historic shipyard is part of the Rosie the Riveter WWII Home Front National Historical Park and is an active part of the Page 2 of 5

3 SAN FRANCISCO BAY TRAIL: CANAL BOULEVARD CONSTRUCTION Port s operations. Canal Blvd runs through the marine terminal. Special Condition B.1. of BCDC Permit No specifies the project site as a 465-foot gap in the Bay Trail along the west side of Canal Blvd, from Seacliff Drive to the south end of an industrial office complex. Project History: In 1987, the Association of Bay Area Governments (ABAG) was mandated by State law to develop a plan and alignment for this ring around the Bay. This mandate became known as the San Francisco Bay Trail, an approximately 500-mile network of hiking and cycling trails encircling San Francisco Bay that will connect the shorelines of all nine bay area counties. The Conservancy has assisted with design and development of the San Francisco Bay Trail since the late 1990s, and over 300 miles of Bay Trail are now open to the public in all nine Bay Area counties. This authorization will further the Conservancy's statutory and strategic goals of improving access around San Francisco Bay, consistent with previous Conservancy authorizations to design and construct the Bay Trail. In May 2007, the Conservancy authorized $53,000 to fund the preparation of plans to complete the gap in the San Francisco Bay Trail along Canal Blvd (see Exhibit 3). The Port has completed design plans and is ready to begin construction of the Canal Blvd Bay Trail segment. PROJECT FINANCING: Coastal Conservancy $97,000 Total Project Cost $97,000 The funding for this project is expected to be derived from BCDC permit mitigation fees. As a condition of a BCDC construction permit, the permittee (Eagle Rock) was required to pay $150,000 to the Conservancy to mitigate for public access impacts caused by the permitted project (Special Condition (I)(B)(1)). Eagle Rock paid fees in the amount of $150,000 to the Conservancy in 2006, which were deposited in the San Francisco Bay Area Conservancy Program Trust Fund. The proposed authorization is consistent with the BCDC permit conditions requiring construction of the 465 foot gap in the Bay Trail. As stated above, the Conservancy provided $53,000 for the initial preparation of the construction design plans. The balance of the remaining funds ($97,000) will be used to complete construction of the Canal Blvd Bay Trail segment, as required by the permit. Pursuant to the permit, the Conservancy may retain a reasonable portion of any remaining funds to cover its administrative costs, in the event the entire balance is not expended. CONSISTENCY WITH CONSERVANCY S ENABLING LEGISLATION: The proposed project is consistent with Chapter 4.5 of Division 21 of the Public Resources Code, Sections et seq. regarding San Francisco Bay Area projects. Pursuant to Section 31162, the Conservancy may award grants in the nine-county San Francisco Bay Area that help to achieve various specific goals, including the goal of increasing public access. This project is located entirely within Contra Costa County, one of the designated nine counties of the San Francisco Bay Area. The proposed project is consistent with Public Resources Code Section 31162(a) in that by completing a gap in the Bay Trail, the Conservancy is improving public access to, within and around the bay. The proposed project will not have a significant adverse effect on agricultural operations, environmentally sensitive areas or wildlife. Page 3 of 5

4 SAN FRANCISCO BAY TRAIL: CANAL BOULEVARD CONSTRUCTION In addition, the proposed project is consistent with the applicable locally and regionally adopted plans, as described below. The proposed project satisfies the criteria for determining project priorities under Section 31163(c) in the following respects: the project is supported by the Port of Richmond s plan for the Potrero Marine Terminal area and is consistent with the San Francisco Bay Plan; it forms a link in the regional Bay Trail and thereby serves a regional constituency; the project is included in the overall Bay Trail plan for the Shipyard 3 area for which a consultant team completed construction plans and is preparing to begin construction. Under Section 31104, the Conservancy may accept funds from public and private sources. CONSISTENCY WITH CONSERVANCY S 2007 STRATEGIC PLAN GOAL(S) & OBJECTIVE(S): Consistent with Goal 11, Objective E of the Conservancy s 2007 Strategic Plan, the proposed project will complete a 465 foot-long gap in the San Francisco Bay Trail. Consistent with Goal 11, Objective L, the proposed project will include ADA-compliant elements, such as appropriate surfacing and pathway grades. CONSISTENCY WITH CONSERVANCY S PROJECT SELECTION CRITERIA & GUIDELINES: The proposed project is consistent with the Conservancy s Project Selection Criteria and Guidelines, last updated on September 20, 2007, in the following respects: Required Criteria 1. Promotion of the Conservancy s statutory programs and purposes: See the Consistency with Conservancy s Enabling Legislation section above. 2. Consistency with purposes of the funding source: See the Project Financing section above. 3. Support of the public: This project is supported by Trails for Richmond Action Committee (TRAC), a group of Bay Trail advocates working in Richmond to complete the trail. 4. Location: This project is located in the City of Richmond in Contra Costa County, one of the nine Bay Area counties. 5. Need: The proposed project will construct public access as mitigation required by a BCDC permit. The Conservancy agreed to accept funds and implement this project to mitigate for impacts to public access caused by the permitted development. The proposed trail alignment will help bicyclists and pedestrians travel safely through an active area of the Port of Richmond. Use of the trail should be significant, as the adjacent residential areas are now developing. This gap connects a large segment of existing Bay Trail spine through the City of Richmond. 6. Greater-than-local interest: When complete, the Bay Trail will be more than 400 miles long and circumnavigate the entire San Francisco Bay. It is a trail that extends throughout Page 4 of 5

5 SAN FRANCISCO BAY TRAIL: CANAL BOULEVARD CONSTRUCTION the nine-county Bay Area region, with connections to numerous regional trails. As a result, completion of this segment of trail is of interest to the entire Bay Area region. Additional Criteria 7. Readiness: Construction design documents are complete and the City of Richmond is ready to begin construction of the Canal Blvd Bay Trail Gap segment when this funding is made available. 8. Realization of prior Conservancy goals: One of the key goals of the Bay Area Conservancy Program is to complete the Bay Trail. This project will help achieve that goal. CONSISTENCY WITH SAN FRANCISCO BAY PLAN: The McAteer-Petris Act states that existing public access to the shoreline and waters of the San Francisco Bay is inadequate and that maximum feasible public access, consistent with a proposed project, should be provided. (Government Code Section 66602). The San Francisco Bay Plan, adopted by BCDC in January 2006, states that public access should be provided in and through every new development in the Bay or on the shoreline, except in cases of public safety considerations or significant use conflicts. In those cases, in lieu access facilities should be provided, preferably as close to the project site as possible (San Francisco Bay Plan (1/06), Part IV Development of the Bay and Shoreline: Findings and Policies, Access Policy Number 2). In the proposed project, in lieu public access will be provided within a few blocks of the development. Access Policy Number 9 of the Bay Plan states that roads built near the water s edge should provide safe and separated access for visitors to and along the shoreline. The bike and pedestrian path is designed to be consistent with that policy. COMPLIANCE WITH CEQA: Upon independent evaluation, Conservancy staff finds that the proposed project is categorically exempt under the California Environmental Quality Act (CEQA) 14 California Code of Regulations Section 15304(h) as it consists of minor alterations to public lands for the purposes of creating hiking and biking trails along a public right-of-way. Staff will file a Notice of Exemption upon approval of this project. Page 5 of 5

6 Exhibit 1: Project Location and Site Map S A N F R A N C I S C O B A Y T R A I L P R O J E C T Richmond Wilson Complete Incomplete Bay Trail Pinole Regional Shoreline UP rail corrido Atlas Road r Connector trails Complete Incomplete Parks/Open Space Water Bodies R ichmond Parkway San Pablo Av enue San Pablo Molate Castro Western Drive Richmond-San Rafael Bridge San Pablo Yacht Harbor Chevron Texaco Long Wharf Miller-Knox Regional Shoreline West County Landfill Wildcat Creek Viewpoint Keller Beach Ferry B rn a n Dr D o Parr Castro Street Garrard Blvd rickyard Cove Cutting Blvd Canal Seacliff Dr Sa n Pablo Cre ek Wildcat Creek Trail Gertrude West Macdonald Ohio Ave Hensley St Hof fman Harbour Wy South Brooks Island Regional Preserve Pennsylvania Potrero Marina Wy Hall Lucretia Edwards Park SAN PABLO Davis Park 23rd Street Richmond BART Station Regatta Marina Bay Vincent Park San Pablo Avenue RICHMOND Central Richmond Greenway 580 Marina Bay Pkwy Marina Bay Park M ee ke r Tid al Cree k Shimada Park Eastshore State Park Isabel Regional Shoreline 80 El Cerrito del Norte BART Station Ohlone Greenway Trail Central Miles January 2006

7 Exhibit 2: Construction Design Drawings

8 Exhibit 2: Construction Design Drawings

9 Exhibit 3: May 24, 2007 Staff Recommendation COASTAL CONSERVANCY Staff Recommendation May 24, 2007 CANAL BOULEVARD BAY TRAIL GAP File No Project Manager: Joan Cardellino RECOMMENDED ACTION: Authorization to disburse up to $53,000 to the City of Richmond to prepare plans for a San Francisco Bay Trail segment along Canal Boulevard. LOCATION: City of Richmond, Contra Costa County PROGRAM CATEGORY: San Francisco Bay Program EXHIBITS Exhibit 1: Project Location and Site Map RESOLUTION AND FINDINGS: Staff recommends that the State Coastal Conservancy adopt the following resolution pursuant to Sections et seq. of the Public Resources Code: The State Coastal Conservancy hereby authorizes the City of Richmond to disburse an amount not to exceed fifty-three thousand dollars ($53,000) to prepare plans for a 465-foot-long segment of the San Francisco Bay Trail along Canal Boulevard, as specified in Permit 5-04 issued by the Bay Conservation and Development Commission to Eagle Rock Aggregates, Inc. Prior to disbursement of funds for this project, the City of Richmond shall submit for the review and approval of the Executive Officer the names and qualifications of any contractors proposed to be hired, a project work program, schedule and budget, and a signing plan acknowledging the Conservancy s assistance. Staff further recommends that the Conservancy adopt the following findings: Based on the accompanying staff report and attached exhibits, the State Coastal Conservancy hereby finds that: 1. The proposed authorization is consistent with Public Resources Code Sections regarding resource and recreational goals in the San Francisco Bay area. 2. The proposed authorization is consistent with the Project Selection Criteria and Guidelines adopted by the Conservancy on January 24, Page 1 of 4

10 Exhibit 3: May 24, 2007 Staff Recommendation CANAL BOULEVARD BAY TRAIL GAP PROJECT SUMMARY: Staff recommends authorization to disburse up to $53,000 to the City of Richmond for the purpose of preparing plans for a segment of the Bay Trail along Canal Boulevard. The plans will identify options for trail configuration along 465 feet of Canal Boulevard, connecting to existing Class I trail along Seacliff Drive. (See Exhibit 1, project location map.) The specific improvements proposed for this project are required by a permit issued by the Bay Conservation and Development Commission (BCDC) to Eagle Rock Aggregates, Inc. The permit required Eagle Rock to pay the Coastal Conservancy $150,000 for this specific in-lieu public access improvement, which will close an existing gap in the Bay Trail. Funds not needed for the design phase of the project will be recommended for construction of the improvements, once environmental review has been completed. The Port of Richmond, a department of the City of Richmond, is starting design work now to complete the Bay Trail through the western side of the port s property. The gap along Canal Blvd. will be designed as part of this larger project, but the funding for it will come from the funds provided by Eagle Rock Aggregates, pursuant to the BCDC requirement. Site Description: Kaiser Shipyard Number 3 lies on the western side of the Port of Richmond, in what is now called Potrero Marine Terminal. The historic shipyard is part of the Rosie the Riveter WWII Homefront National Historical Park, and is an active part of the port s operations. Canal Boulevard runs through the marine terminal, and the Bay Trail will be designed for both bicyclists and pedestrians. Special Condition II.B. of BCDC Permit No specifies the project site as a 465-foot gap in the San Francisco Bay Trail along the west side of Canal Boulevard, from Seacliff Drive to the south end of an industrial office complex. Project History: In February 2005, BCDC issued a permit to Eagle Rock Aggregates, Inc. which allowed Eagle Rock to construct storage facilities and install equipment within the 100- foot shoreline band. A condition of the permit was for Eagle Rock to pay $150,000 to the Conservancy for the specific project along Canal Blvd. described above. Eagle Rock paid the funds to the Conservancy in October The City of Richmond had received a grant of Conservancy funds from the Bay Trail Project to prepare a feasibility and planning study for the bay trail through the lower Shipyard No. 3 area. That study was completed in November Much of the bay trail already is in place through the southern and eastern sides of the City s waterfront, but the port area has been more difficult to access. The feasibility study identified a preferred alternative for pedestrian and bicycle travel and viewing access; however, the subject gap along Canal Blvd was not included in the scope of the feasibility study. PROJECT FINANCING: Coastal Conservancy (BCDC permit funds) $53,000 City of Richmond 148,000 Total Project Cost $201,000 Page 2 of 4

11 Exhibit 3: May 24, 2007 Staff Recommendation CANAL BOULEVARD BAY TRAIL GAP Funds for this project were provided by Eagle Rock Aggregates, Inc. as a condition of BCDC Permit No for its construction project. Funds in the amount of $150,000 have been deposited in the San Francisco Bay Conservancy Program Trust Fund. The permit specifies that the Conservancy may retain a reasonable portion of the funds for its costs. The balance of funds will remain in the account until authorized for use in constructing the project. CONSISTENCY WITH CONSERVANCY S ENABLING LEGISLATION: The proposed project is consistent with Public Resources Code Section 31162(a) in that by completing a gap in the Bay Trail, the Conservancy is improving public access to, within and around the bay. Consistent with PRC Section 31163(c), the project meets the stated criteria in that it is supported by the Port of Richmond s plan for the Potrero Marine Terminal area; it forms a link in the regional San Francisco Bay Trail and thereby serves a regional constituency; will be included in the overall plan for the Shipyard 3 area for which a consultant team has already been hired with funds provided by the City of Richmond. The proposed project is also consistent with PRC Section which authorizes the Conservancy to fund plans and feasibility studies and award grants to public agencies for these purposes. Under Section 31104, the Conservancy may accept funds from public and private sources. CONSISTENCY WITH CONSERVANCY S STRATEGIC PLAN GOAL(S) & OBJECTIVE(S): The proposed project is consistent with Goal 11, Objective B in that it will help complete the Bay Trail. CONSISTENCY WITH CONSERVANCY S PROJECT SELECTION CRITERIA & GUIDELINES: The proposed project is consistent with the Conservancy s Project Selection Criteria and Guidelines adopted January 24, 2001, in the following respects: Required Criteria 1. Promotion of the Conservancy s statutory programs and purposes: See the Consistency with Conservancy s Enabling Legislation section above. 2. Consistency with purposes of the funding source: See the Project Financing section above. 3. Support of the public: This project is supported by Trails for Richmond Action Committee (TRAC), a group of Bay Trail advocates working in Richmond to complete the trail. 4. Location: This project is located in the City of Richmond, within the jurisdiction of the San Francisco Bay Conservancy Program Page 3 of 4

12 Exhibit 3: May 24, 2007 Staff Recommendation CANAL BOULEVARD BAY TRAIL GAP 5. Need: The proposed trail alignment will help bicyclists and pedestrians travel safely through an active area of the Port of Richmond. Use of the trail should be significant, as the adjacent residential areas are now developing. This gap connects a large segment of existing Bay Trail spine through the City of Richmond. 6. Greater-than-local interest: The San Francisco Bay Trail will be more than 400 miles long and circumnavigate the entire San Francisco Bay when it is completed. As such, it is a regional trail. Additional Criteria 12. Readiness: The City of Richmond has already hired the professional team to design the improvements through the other parts of Shipyard 3. Adding on the Canal Blvd. gap now means it can be folded into the broader scope of work. 13. Realization of prior Conservancy goals: A key goal of the Conservancy is to complete the Bay Trail. This project will help achieve that. CONSISTENCY WITH SAN FRANCISCO BAY PLAN: The McAteer-Petris Act states that existing public access to the shoreline and waters of the San Francisco Bay is inadequate and that maximum feasible public access, consistent with a proposed project, should be provided. (Government Code Section ) The San Francisco Bay Plan states that public access should be provided in and through every new development in the Bay or on the shoreline, except in cases of public safety considerations or significant use conflicts. In those cases, in lieu access facilities should be provided, preferably as close to the project site as possible. San Francisco Bay Plan (1/06), Part IV Development of the Bay and Shoreline: Findings and Policies, Access Policy Number 2. In the proposed project, in lieu public access will be provided within a few blocks of the development. Access Policy Number 9 states that roads built near the water s edge should provide safe and separated access for visitors to and along the shoreline. The bike and pedestrian path to be designed in this project is consistent with that policy. COMPLIANCE WITH CEQA: The proposed project is statutorily exempt from the California Environmental Quality Act under Section regarding feasibility and planning studies. That section states that [a] project involving only feasibility or planning studies for possible future actions which the agency, board, or commission has not approved, adopted, or funded does not require the preparation of an EIR or Negative Declaration but does require consideration of environmental factors. Review for compliance with CEQA will be done at the conclusion of the planning phase, and prior to initiating construction. Upon approval, staff will file a Notice of Exemption. Page 4 of 4

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