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Port of San Diego
PUBLISHED: Monday September 22, 2008

San Diego Unified Port District
NOTICE OF PROPOSED
COASTAL DEVELOPMENT PERMIT AMENDMENT
PUBLIC HEARING
Lane Field North & South Hotel Development Project
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To: California Coastal Commission and Interested Parties
The San Diego Unified Port District will hold a public hearing for a Coastal Development Permit Amendment for:
Applicant: Lane Field San Diego Developers, LLC
Project: Lane Field North and South Hotel Development Project
Location: North of Broadway Street between Pacific Highway and
Harbor Drive, San Diego, CA
On January 8, 2008, the Board of Port Commissioners (BPC) authorized issuance of a Coastal Development Permit (CDP) to allow improvements at the Lane Field site (Resolution 2008-15). The Project included: (1) demolition/removal of existing temporary structures and existing surface parking; (2) construction of a two-level subterranean parking garage containing approximately 1,330-spaces; (3) creation of a public pedestrian landscaped park/plaza; (4) retail stores and restaurants; (5) construction of an approximately 205-foot tall hotel with approximately 275 rooms and approximately 30,000 square feet of retail/restaurant uses (Lane Field North); and (6) construction of an approximately 275-foot tall hotel with approximately 525 rooms and approximately 50,000 square feet of retail/restaurant uses (Lane Field South). The project area is approximately 5.7 acres.
The Applicant has filed an application for an amendment to the CDP. The amendment would reference the 'Public Access Program' dated July 17, 2008, which has been revised to include a process to address low cost overnight accommodations. The amendment would also include references to the 'Lane Field Multimodal Transit Opportunity Promotion Plan' dated July 16, 2008 to more specifically address CDP Special Provisions 19 and 20 relative to transit opportunities. The Executive Director has determined that the proposed revisions are immaterial changes to the CDP, because the amendment would not have the potential for adverse impacts, either individually or cumulatively, on coastal resources or public access to and along the shoreline.
The Amendment was originally scheduled for consideration at a public hearing on Tuesday, August 5, 2008 BPC meeting, it was continued to the Tuesday September 2, 2008 BPC meeting where it was continued. The public hearing will now be conducted at the Tuesday, October 7, 2008 BPC meeting at the Port Administration Building 3165 Pacific Highway, San Diego, CA 92101 commencing at 1:00 pm.
Since the August 5, 2008 BPC meeting the California Coastal Commission staff have provided minor edits to the 'Public Access Program', which was updated to reflect those edits on August 20, 2008. To review a copy of the CDP, proposed CDP Amendment (including updated attachments), or Port Master Plan, please call the District's Land Use Planning Department at (619) 686-6283.
Pub. September 22-00047231

SAN DIEGO UNIFIED PORT DISTRICT
ord 2519 goes here!!!


SAN DIEGO UNIFIED PORT DISTRICT
ORDINANCE 2520
AN ORDINANCE GRANTING AN EASEMENT TO THE CITY OF SAN DIEGO
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The Board of Port Commissioners of the San Diego Unified Port District does ordain as follows:
  Section 1. The Easement between the San Diego Unified Port District (District) and The City of San Diego, a municipal corporation, for an underground easement, together with incidental surface rights, including but not limited to sewer manholes and other items normally associated with a sewer detention facility, for the purposes of operation, maintenance, repair, replacement and inspection of public sewer facilities and appurtenances, and incidents and appurtenances thereto, for approximately 7,132 square feet of tideland area located in a public parking lot across from 1901 Shelter Island Drive in the City of San Diego, on file in the office of the District Clerk, is hereby approved and granted.
  Section 2. The District and The City of San Diego agree to indemnify and hold each other harmless, their officers, employees and agents for any and all liability, claims, judgments or demands arising directly or indirectly out of the obligations undertaken in connection with said Easement, to the extent each party is responsible for such liability in accordance with Paragraph 10 of said Easement.
  Section 3. The Executive Director or his authorized representative is hereby directed to execute the said Easement with The City of San Diego on behalf of the District.
  Section 4. This ordinance shall take effect on the 31st day from its passage by the Board of Port Commissioners.
YEAS-Bixler, Black, Cushman, Najera, Spane, Rios, Valderrama
NAYS-None
ABSTAINED-None
ABSENT-None
EXCUSED-None
SIGNED BY: Michael B. Bixler, Chairman
ATTESTED BY: Mary Ann Liner, District Clerk
Pub. September 22-00047215

SAN DIEGO UNIFIED PORT DISTRICT
ORDINANCE 2521
AN ORDINANCE AMENDING LEASE AGREEMENT BETWEEN THE SAN DIEGO UNIFIED PORT DISTRICT AND HIGH SEAS MARINE ENTERPRISES, A SOLE PROPRIETORSHIP
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The Board of Port Commissioners of the San Diego Unified Port District does ordain as follows:
Section 1.   That lease agreement dated 26 September 1995 between the San Diego Unified Port District and High Seas Marine Enterprises, a Sole Proprietorship, (as successor in interest to Twenty Five Forty, LLC) is hereby amended in accordance with Agreement for Amendment of Lease, Amendment No. 3, on file in the office of the District Clerk
Section 2.   This ordinance shall take effect on the 31st day from its passage by the Board of Port Commissioners.
YEAS-Bixler, Black, Cushman, Najera, Spane, Rios, Valderrama
NAYS-None
ABSTAINED-None
ABSENT-None
EXCUSED-None
SIGNED BY: Michael B. Bixler, Chairman
ATTESTED BY: Mary Ann Liner, District Clerk
Pub. September 22-00047216

SAN DIEGO UNIFIED PORT DISTRICT
ORDINANCE 2522
AN ORDINANCE AMENDING ARTICLE 4, SECTION 4.35, ARTICLE 4, SECTION 4.36, AND ARTICLE 4, SECTION 4.38 OF THE SAN DIEGO UNIFIED PORT
DISTRICT CODE
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WHEREAS, pursuant to Ordinance 2107, adopted August 22, 2000, the Board of Port Commissioners (Board) of the San Diego Unified Port District (District) amended the San Diego Unified Port District Code (District Code) by adding Section 4.36 entitled Regulation of Vessels - A-8 Anchorage; and
  WHEREAS, pursuant to Ordinance 2250, adopted June 3, 2003, the Board of the District further amended the District Code by adding Section 4.38 entitled Regulation of Vessels - A-1 Anchorage, A-5 Anchorage and A-9 Anchorage which permitted disabled vessel owners, subject to certain requirements, to anchor free and long-term in the A-9 Anchorage, a portion of which was thereafter designated as the A-9 Disabled Anchorage; and 
  WHEREAS, pursuant to Ordinance 2285, adopted March 9, 2004, the Board of the District further amended the District Code by amending District Code Section 4.35 entitled Central San Diego Bay Anchoring, Mooring and Aquatic Activities Regulated; and
  WHEREAS, pursuant to Ordinance 2286, adopted March 9, 2004, the Board of the District further amended the District code by amending  said District Code Section 4.36; and
  WHEREAS, on June 6, 2006, the Board of the District approved the elimination of free and long term anchoring in the A-8 Anchorage and A-9 Disabled Anchorage; and
  WHEREAS, pursuant to Ordinance 2413, adopted September 5, 2006, the Board of the District further amended the District Code by further amending said District Code Section 4.36; and
  WHEREAS, on June 10, 2008, the Board of the District adopted Ordinance 2505 which granted Lease Amendment No. 8 to the San Diego Mooring Company, LLC  (Mooring Company) lease authorizing the addition of Twenty Five (25) dual-point moorings at the Laurel Street Roadstead (A-3 Anchorage) to accommodate current A-8 and A-9 Disabled Anchorage permit holders due to the elimination of free long-term anchoring in the A-8 Anchorage; and
  WHEREAS, installation of the additional moorings in the A-3 Anchorage is expected to be completed by August 31, 2008; and
  WHEREAS, all current A-8 and A-9 Disabled Anchorage permit holders have been given a "right of first refusal" to lease a mooring buoy in the A-3 Anchorage from the Mooring Company subject to the same rental rates, requirements and procedures applicable to other existing moorings; and
  WHEREAS, all current A-8 and A-9 Disabled Anchorage permit holders whose applications for a mooring buoy in the A-3 Anchorage are accepted shall be required to relocate their vessel to the A-3 Anchorage no later than September 30, 2008; and
  WHEREAS, free long-term anchoring will no longer be permitted in the A-8  and A-9 Disabled Anchorages effective October 1, 2008, with the A-8 Anchorage continuing to undergo environmental restoration until 2010 and then being reserved for aquatic sports activities, regattas, and other small craft temporary usage subject to permit, and the A-9 Anchorage reverting to use solely as a "cruiser's anchorage"; and
  WHEREAS, all A-8 and A-9 Disabled Anchorage permit holders will be required to vacate from the A-8 and A-9 Disabled Anchorages on or before October 1, 2008 at 5:00 P.M.; and
  WHEREAS, after October 1, 2008, all permits to anchor free and long term in the A-8 and A-9 Disabled Anchorages will no longer be valid; and
  WHEREAS, the District desires to amend Article 4, Section 4.35, Article 4, Section 4.36, and Article 4, Section 4.38 to remove references to free long-term anchoring in the A-8 and A-9 Disabled Anchorages to conform with existing law, NOW, THEREFORE,
  The Board of Port Commissioners of the San Diego Unified Port District does ordain as follows:
  Section 1.  That Article 4, Section 4.35 of the San Diego Unified Port District Code is hereby amended by amending Section 4.35(c)1 and Section 4.35(c)4 thereof to read as follows:
  "SEC. 4.35 - CENTRAL SAN DIEGO BAY ANCHORING, MOORING AND AQUATIC ACTIVITIES REGULATED
  * * *
  (c) Regulations
   "1. Central San Diego Bay, Anchoring Prohibited
     "Central San Diego Bay, south of the Glorietta Bay Channel, with the exception of military security and restricted areas, marked with channels and designated anchorages, is reserved for aquatic sports activities and regattas.
     "Anchoring or mooring in Central San Diego Bay, except in anchorage areas designated in Section 4.35(b)4, and 4.35(b)5 of this Code, is prohibited and unlawful."
  * * *
   "4. It shall be unlawful to anchor, moor, make fast to the bottom, strand, or ground any vessel or structure or to be in control or possession of or to operate any vessel or structure which is anchored, moored, made fast to the bottom, stranded or grounded within Central San Diego Bay, except anchoring and mooring as permitted in the anchorage and moorage areas designated in Sections 4.35(b)4 and 4.35(b)5 of this Code."
  Section 2. That Article 4, Section 4.36 of the San Diego Unified Port District Code is hereby amended by amending Section 4.36 to read as follows:
 "SEC. 4.36 - REGULATION OF VESSELS - A-8 ANCHORAGE
  "(a) Purpose
  "California law (San Diego Unified Port District Act, Harbors and Navigation Code, Appendix 1) requires the Board of Port Commissioner to regulate and control the anchoring, mooring, towing and docking of vessels, and to make and enforce all necessary rules and regulations governing the use and control of navigable waters within the District.  The purpose of this Section of the San Diego Unified Port District Code is to implement that responsibility within the A-8 Anchorage.
  "(b)   Definitions
  "Certain words and phrases used herein are defined as follows, unless the context requires a different meaning:
   "1. A-8 Anchorage - In Center San Diego Bay, the Sweetwater Anchorage, the water enclosed by a line beginning at latitude 32°39'12.2"N., longitude 117°07'30.1"W.; thence southerly to latitude 32°38'45.2' N., longitude 117°07'45.1" W.; thence northerly to the point of beginning.
   "2. Anchoring - Attachment or making fast of a Vessel or structure to the bottom of the shore of San Diego Bay using an anchor and proper ground tackle or by any other means.
   "3. Vessel - A watercraft designed to float upon the surface of a body of water for the purpose of transporting persons or property.
  "(c) A-8 Anchorage, Anchoring Regulated
   "1. Anchoring or mooring in the A-8 Anchorage, with the exception of military security and restricted areas, is prohibited during the environmental restoration and clean-up of the anchorage, subject to available funding, for the period from October 1, 2008, at 5:01 PM, through July 1, 2011.
   "2.  After completion of environmental restoration of the A-8 Anchorage, the anchorage will be reserved for aquatic sports activities, regattas, other small craft temporary usage subject to permit, or other uses as specified by amendment of this section by the Board of Port Commissioners. 
  "(d)   Uses Prohibited
   "1. No business or commercial enterprise shall be conducted at the A-8 Anchorage.
   "2. No barges or floating docks shall be allowed to moor or anchor at the A-8 Anchorage.
   "3. No Vessel more than sixty-five (65) feet in length shall be allowed to moor or anchor at the A-8 Anchorage.
  "(e) Abandonment of Vessel
   "Pursuant to Harbors and Navigation Code Section 522, et seq., no Vessel shall be left in the A-8 Anchorage with the intent to abandon such vessel, and if any vessel is abandoned, in addition to other legal remedies available to it, the District has the right to impound, tow, store, and/or demolish the Vessel at the expense of the owner.
  "(f) Invalidity
   "If any section, subsection, sentence, clause, phrase or portion of this Section 4.36 is held invalid or unconstitutional for any reason by any court of competent jurisdiction, such section, subsection, sentence, clause, phrase or portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions."
  Section 3. That Article 4, Section 4.38 of the San Diego Unified Port District Code is hereby amended by amending Section 4.38(h)4 thereof to read as follows:
 "SEC. 4.38 - REGULATION OF VESSELS - A-1 ANCHORAGE, A-5 ANCHORAGE AND A-9 ANCHORAGE
  * * *
  "(h) Permit Limitations 
  * * *
   "4. A-9 Anchorage - The A-9 Anchorage is designated for use by "Cruiser" Vessels as defined in Section (b)8, above, of this Section.
    "a) A Cruiser Vessel may not be registered or documented to an address in San Diego county and the owner/operator may not be a resident of San Diego County.
    "b) An A-9 Anchoring Permit will be issued for a Thirty (30) day period.
    "c) No vessel shall be allowed to anchor for more than Ninety (90) days in any Three Hundred Sixty Five (365) day period."
  Section 4.  This ordinance shall take effect on the 31st day from its passage by the Board of Port Commissioners.
YEAS-Bixler, Black, Cushman, Najera, Spane, Rios, Valderrama
NAYS-None
ABSTAINED-None
ABSENT-None
EXCUSED-None
SIGNED BY: Michael B. Bixler, Chairman
ATTESTED BY: Mary Ann Liner, District Clerk
Pub. September 22-00047217


Port of San Diego
PUBLISHED: Monday September 22, 2008


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