Tidelands Use and Occupancy Permit for Public Access Improvements at Nichols Street Pier

Tidelands Use and Occupancy Permit for Public Access Improvements at Nichols Street Pier

The proposed project involves improvements to Nichols Street Pier in the city of San Diego, California. The existing pier, gangway, and private dock are in need of minor repairs. Work to specifically complete the proposed project would involve the installation of air tubs to level the existing private dock, four (4) pile caps, seal deterrent around perimeter of dock, new public access signage on pier, aluminum gates with a manual lock, and new lighting compliant with Title 24 requirements from the California Building Code, with ongoing inspections, maintenance, repairs, and replacement as-needed. The existing piles, pier and private dock would remain in place, and there would be no increase In fill or shading as a result of the proposed project. The proposed improvements to the pier/dock are minor, would be conducted above the waterline, and done from the pier or with divers. The existing lighting would also be replaced, and additional lighting would be installed to safely illuminate the walking area on the pier. All lighting would not exceed 2700 Kelvins and would not overspill into San Diego Bay. The project has no adverse impacts to water quality or sensitive habitat within San Diego Bay. As part of the project, construction BMPs to be implemented include visual water quality monitoring and inspections and an organized construction site. If stockpiling materials or staging are necessary for the project, it will occur on the landside, on the Tenant's private property and not on Tidelands. If necessary, a tarp and/or scaffolding catch-system may be set up to ensure construction materials do not fall into the water below. Construction of the proposed project is anticipated to be complete in Summer 2025 and would take approximately one month to complete, with ongoing maintenance as needed. In addition to repair work, the proposed project would include issuance of a Tidelands Use and Occupancy Permit (TUOP) to The Peckham House, LLC (Tenant) for their use of approximately 3,81 0 square feet (sq ft) located in the city of San Diego, California. The TUOP would support long-term efforts to allow public access onto the pier. The project site/Premises consists of a gate that can be locked, ramp, float, and pier. All portions of the project site/Premises east of the gate shall be used only and exclusively for the purpose of a gate, ramp and float and the berthing of recreational boats and such other non-exclusive uses as may be approved from time to time by the Executive-Director of the District or his/her designee and for no other purpose whatsoever without the prior written consent of the Executive Director of the District or his/her designee in each Instance. Boats to be berthed at the pier would be owned by the Tenant as evidenced by proof of documentation and restricted to the boundaries of the permitted Premises; the Executive Director of District or his/her designee may approve, in writing, the berthing of other recreational boats owned by guests or invitees of the Tenant. All portions west of the gate, including the pier, are for the: (I) Tenant to access the gate, ramp and float, and (ii) general use by the public. The Tenant would have the authority to lock the gate as long as public access is maintained to the pier. All portions of the pier to the west of the gate shall be ·subject to rules and regulations which may be established from time to time by the District. As part of the proposed project, the following shall apply prior to use of the existing pier, gangway, and private dock: • Pursuant to Coastal Development Permit (CDP) No. PRJ-1097375 dated April 22, 2024, Tenant shall be required to complete the construction of a new public access stairway to an existing private wooden pier at the unimproved intersection of Nichols Street and San Antonio Avenue ("Access Stairs") needed for the general public to access the pier. Tenant acknowledges and agrees that the Access Stairs will primarily be constructed on property owned by the City of San Diego, and the Access Stairs must be completed prior to Tenant accessing the gate, ramp and float. • The District shall have the right to make a final inspection of the Premises to verify proposed improvements detailed above have been satisfactorily completed (such inspection and associated approval not to be unreasonably withheld or delayed). Both (i) written verification of the Engineer that the repairs have been completed and (ii) District's approval of such repairs following a final inspection (should the District elect to make a final inspection) shall be required prior to Tenant being able to utilize the gate, ramp and float. Once the Access Stairs are completed, the following shall apply, as part of the project: • Tenant shall not interfere with the general use and enjoyment by the public of the pier and all areas west of the gate. • Tenant shall at all times post legible and visible signs stating that the pier is open to the public from one hour before sunrise to one hour after sunset (according to the National Weather Service) and would be consistent with the public access signage on other La Playa piers. • If at any time the Access Stairs are inaccessible to members of the public for any reason, District may deny Tenant use of the gate, ramp and float until public access to the Access Stairs is restored. • Tenant shall have the right to temporarily close off and restrict access of the public to the pier and the Access Stairs during any District approved repair work provided that temporary closures are for the minimum time necessary to achieve the repair work. It is anticipated that the TUOP would have a total term of approximately five (5) years. The TUOP may be terminated by the District or Tenant as a matter of right and without cause at any time upon providing (180) days' notice in writing to the other party of such termination; provided that, in the event that the use set forth in Section 3 of the TUOP is at any time disapproved by the California Coastal Commission, District may terminate this TUOP as a matter of right due to such disapproval upon thirty (30) days' advance written notice. The TUOP is subject to the Port Master Plan, as the same may be updated, the Public Trust Doctrine, and any conditions set forth by the California Coastal Commission and the State Lands Commission. If the TUOP is determined at any time by the California Coastal Commission or the State Lands Commission to be in conflict with a state mandate, doctrine, law, policy, etc., the District may terminate the TUOP with no cost or liability to District, under the provisions of Section 11 of the TUOP. The Tenant would be responsible for compliance with all laws and regulations associated with the activities on or in connection with the above-described premises, and in all uses thereof, including those regulating stormwater and hazardous materials.

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