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PERMIT NO. 1989.014.05 City of San Leandro (Originally Issued on March 7, 1990, As Amended Through May 2, 2016) AMENDMENT NO. FIVE Page 24 D. Fill in the Bay.The project involves the placement of fill for new marina berths, tidal culverts, and for rock riprap along the north dike shoreline,the tidal culverts and the Roberts Landing shoreline levees. 1. Marina Berths.The marina berths are a water-oriented use for which there is no alternative upland location.The purpose of the fill is to upgrade the marina berths. The existing berths were installed in 1962, and are of wood construction. The berths are starting to deteriorate.The new berths will be concrete and will be both wider and longer than the existing berths to accommodate larger boats. The permittee states that a feasibility report for the project indicated that these berths were in highest demand, and that double finger berths providing access to both sides of the vessels, are desired. Although the square footage of Bay coverage will increase as a result of the larger berths,the number of berths will decrease from 292 to 250, since no expansion of the marina area is contemplated or feasible given the site constraints. The Commission finds that the placement of 23,666 square feet of additional pile supported and floating fill for the new marina berths is the minimum amount of fill necessary to upgrade the marina, and is consistent with the Commission's fill policies. 2. Riprap.The existing slope protection along the 900-foot north dike consists of an irregular thickness of four-inch or smaller bedding material. The remainder of the 3,200-foot-long shoreline of the marina is protected by 12-inch riprap. The amended permit authorizes the placement of 12-inch riprap along the north dike to upgrade the slope protection and to make the shoreline consistent with the rest of the marina. Because the marina is well protected by dikes, there does not appear to be a wave erosion problem inside the marina. Therefore, the primary purpose of the placement of 12-inch riprap is not to provide shoreline protection, but to improve shoreline appearance by creating a consistent shoreline treatment throughout the marina. The Commission's regulations require a project to meet certain criteria to qualify as minor fill for improving shoreline appearance (Section 10700). The regulations state that: (a)the fill must be necessary because the present appearance of the shoreline detracts from enjoyment of the Bay and its is infeasible to improve the appearance without filling; (b)the fill must be the minimum necessary; (c)the fill must improve shoreline appearance; and (d) the fill must not adversely affect enjoyment of the Bay.The Design Review Board found that the riprap fill qualified as minor fill to improve shoreline appearance.