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HomeMy WebLinkAbout2024-12-04; Planning Commission; Resolution 7532PLANNING COMMISSION RESOLUTION NO. 7532 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT AND SPECIAL USE PERMIT TO REPAIR AND STABILIZE THE TERRAMAR STAIRWAY, A PUBLIC STAIRWAY ON PRIVATE PROPERTY PROVIDING PUBLIC ACCESS TO SOUTH CARLSBAD STATE BEACH. THE 0.53-ACRE PROPERTY IS LOCATED AT 5327 CARLSBAD BLVD., BETWEEN SHORE DRIVE TO THE NORTH AND CEREZO DRIVE TO THE SOUTH, WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 3. CASE NAME: TERRAMAR STAIRWAY STABILIZATION CASE NO.: CDP 2022-0026/SUP 2024-0002 (DEV2022-0071) WHEREAS, BRANT MASSMAN, "Developer/Owner" and WALT CRAMPTON, "Applicant," have filed a verified application with the City of Carlsbad described as LOT 3 OF PARCEL MAP MS 98-01, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 18236, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 13, 1999. ("the Property"); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit and Special Use Permit as shown on Exhibit(s) "A" -"J" dated Dec.4, 2024, on file in the Planning Division, CDP 2022-0026/SUP 2024-0002 (DEV2022-0071) -TERRAMAR STAIRWAY STABILIZATION, as provided by Chapters 21.110, 21.201, 21.203, and 21.204 of the Carlsbad Municipal Code; and WHEREAS the Planning Division studied the Coastal Development Permit and Special Use Permit applications and performed the necessary investigations to determine if the project qualified for an exemption from further environmental review under the California Environmental Quality Act, (CEQA, Public Resources Code section 21000 et. seq.), and its implementing regulations (the State CEQA Guidelines), Article 14 of the California Code of Regulations section 15000 et. seq. After consideration of all evidence presented, and studies and investigations made by the city planner and on its behalf, the city planner determined that the project was exempt from further environmental review pursuant to State CEQA Guidelines sections 15301(d) -Existing Facilities. The exemption applies to the repair and maintenance of existing public or private structures involving negligible or no expansion of an existing use. Section 15301(d) specifically applies to the restoration or rehabilitation of deteriorated or damaged structures to meet current standards of public health and safety. None of the exceptions listed in CEQA Guidelines Section 15300.2 apply to the proposal to rehabilitate the existing privately-owned stairway which provides public access to South Carlsbad State Beach; therefore, this exemption is applicable to the proposed repair project. The project will not have a significant effect on the environment and all the requirements of CEQA have been met; and WHEREAS, on April 30, 2024, the city distributed a notice of intended decision to adopt the "Existing Facilities" exemption. The notice was circulated for a 10-day period, which began on April 30, 2024, and ended on May 9, 2024. The city did not receive any comment letters on the CEQA findings and determination. The effective date and order of the city planner CEQA determination was May 9, 2024; and WHEREAS the Planning Commission did, on Dec.4, 2024, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of persons desiring to be heard, said Commission considered all factors relating to the Coastal Development Permit and Special Use Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission APPROVES CDP 2022-0026/SUP 2024-0002 (DEV2022-0071) -TERRAMAR STAIRWAY STABILIZATION, based on the following findings and subject to the following conditions: Findings: Coastal Development Permit (CDP 2022-0026) 1. That the proposed development is in conformance with the Mello II Segment of the Certified Local Coastal Program and all applicable policies in that the Terra mar Stairway is located adjacent to and within a coastal bluff that is susceptible to coastal erosion. The stairway has been undermined by constant wave action and a series of sea caves have formed under the stairway threatening the stability of the stairway and resulting in a public safety hazard. The proposal to stabilize a privately maintained public stairway providing access to South Carlsbad State Beach complies with the Mello II Segment of the Local Coastal Program. Specifically: Policy 4-1-Coastal Erosion. 1(a). Development Along Shoreline: New shoreline development, including additions to existing structures, must undergo a site-specific geologic investigation and analysis following Coastal Commission guidelines, with permitted development requiring a report demonstrating bluff stability for 75 years or the structure's expected lifetime, along with incorporating sub- drainage systems, drought-resistant landscaping, and erosion control measures outlined in the City of Carlsbad Drainage Master Plan. 2. Shoreline Structures: Revetments, breakwaters, groins, harbor channels, seawalls, cliff retaining walls, and other such construction that alters natural shoreline processes shall be permitted when required to serve coastal-dependent uses or to protect existing structures or public beaches in danger from erosion, and when designed to eliminate or mitigate adverse impacts on local shoreline sand supply. As a condition of coastal development permit approval, permitted shoreline structures may be required to replenish the beach with imported sand. Provisions for the maintenance of any permitted seawalls shall be included as a condition of project approval. Projects which create dredge spoils shall be required to deposit such spoils on the beaches if the material is suitable for sand replenishment. The Terramar Stairway is located adjacent to and within a coastal bluff that is susceptible to coastal erosion. The stairway has been undermined by constant wave action and a series of sea caves have formed under the stairway, resulting in an unsafe condition and threatening the stability of the stairway. The proposed stabilization project includes the following: • Remove debris underneath stairway and backfill the voids/sea caves underneath the stairway with erodible concrete. • Add drain lines under the stairway and encapsulate within the concrete fill • Extend existing drainage pipe further west to face of the stairway wall • Armor the north and south sides of the concrete stairway with the addition of a shotcrete wall. The new wall will be attached to the face of the wall of the existing stairway and will be secured by tied back steel-reinforced anchors, which are drilled into the bluffs. The shotcrete wall will extend from the beach/base of the bluffs to the top of the stairway where it intersects with the bluff, with a maximum height of 17 feet above the beach grade as viewed from the south and when the beach sand levels are at the lowest point. The rough architectural finish and earthtone color of the shotcrete wall will resemble the existing bluffs and adjacent seawall to the north. • Replace rusted handrails with a stainless steel railing and repair/replace step treads where appropriate. The proposed repairs are consistent with the recommendations of the geotechnical report prepared for the project (ENGEO, January 2023), which includes a 75-year bluff retreat analysis confirming stability of the stairway with the proposed improvements. Pursuant to the geotechnical analysis, to prevent the imminent failure of the stairway, the construction of a tied-back steel-reinforced structural shotcrete seawall is recommended. The Project will also adhere to the city's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP Design Manual and Jurisdictional Runoff Management Program (JRMP) to avoid increased urban run-off, pollutants, and soil erosion. The proposed project is consistent with Policy 4-1, Shoreline Structures, as it consists of the repair and stabilization of an existing public stairway which provides access to South Carlsbad State Beach, a public beach as well as a scenic and coastal resource, on a year-round basis. The geologic and geomorphic factors present at the stairway, including nearby faulting, groundwater, bluff instability, and susceptibility to severe erosion from wave attack, necessitate stabilization measures to allow continued public beach access. Seawalls or cliff retaining walls that alter the natural shoreline processes shall be permitted when required to serve coastal- dependent uses or to protect existing structures or public beaches in danger from erosion. The grading proposed in conjunction with the project, 18 cubic yards of cut, is proposed as temporary excavation to construct the footings for the wall. The project is conditioned to require the placement of any sand or similar dredge spoils on the South Carlsbad State Beach in the vicinity of the Terra mar Stairway. In addition, the project is conditioned to require the Developer to replenish the beach with imported sand, or, in the alternative, to pay a sand mitigation fee to a guaranteed funding mechanism such as SANDAG's Public Access & Recreation Fund to compensate for any long-term impacts the shotcrete wall will have on beach sand supply. The Commission finds that the project has been designed to eliminate or mitigate its adverse impacts on local shoreline sand supply, public access or recreational opportunities and withstand the effects of sea level rise during its estimated design life. Policy 7-3 -Access Along Shoreline. The city will cooperate with the state to ensure that lateral beach access is protected and enhanced to the maximum degree feasible and will continue to formalize shoreline prescriptive rights. The proposed project is consistent with Policy 7-3 in that the Project is enhancing public access to the beach by repairing an undermined public stairway, which is currently a safety hazard. Vertical and lateral access easements are recorded on title to comply with prior conditions of approval for the development of the property. The property owner is responsible for the on- going repair and maintenance of the stairway. Policy 8-1-Scenic and Visual Resources. The Scenic Preservation Overlay Zone should be applied where necessary throughout the Carlsbad coastal zone to assure the maintenance of existing views and panoramas. The proposed project is consistent with Policy 8-1, in that the Project consists of repairs to an existing concrete stairway located below the elevation of the coastal bluff. The repairs will not impact existing coastal views from the State Parks property to the south or from Carlsbad Boulevard to the east. 2. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the project includes a request to stabilize the Terramar Stairway, which provides public access to a public beach on a year-round basis. The stairway is currently undermined by wave action and is a safety hazard. The upgrades to the stairway will protect the public and allow the public to continue to enjoy South Carlsbad State Beach, an important scenic resource to the public. As the stairway is located below the elevation of the coastal bluff, the repairs will not impact existing coastal views from the State Parks property to the south or from Carlsbad Boulevard to the east. In addition, vertical and lateral access easements are recorded on title pursuant to prior conditions of approval associated with the development of the property. 3. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that: a. Preservation of Steep Slopes and Vegetation. Slopes greater than 25 percent and possessing endangered plant/animal species and/or coastal sage scrub and chaparral plant communities are considered "dual criteria" slopes and are protected in the Coastal Zone. The Terramar Stairway was permitted to be developed within the coastal bluff, which is considered a steep slope. The slope and the staging area for the equipment do not include any native vegetation. The proposed repair project includes the construction of a shotcrete wall adjacent to the face of the stairway wall. The shotcrete will be secured by tied back steel- reinforced anchors, which are drilled into the bluffs. While the bluffs will be retained, work is proposed within the bluffs to stabilize the wall. The stabilization project is necessary to protect public safety since it is currently an unsafe condition under and adjacent to the stairway. b. Drainage, Erosion, Sedimentation, Habitat. The Project will adhere to the city's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP Design Manual, and Jurisdictional Runoff Management Program (JRMP} to avoid increased urban run-off, pollutants, and soil erosion. As part of the repair project, the existing drainage pipe will be extended to the west face of the shotcrete wall, as recommended in the geotechnical report. Further, there is no sensitive habitat located on the coastal bluff adjacent to the stairway. c. Seismic Hazards, Landslides and Slope Instability. The Preliminary Geotechnical Investigation (ENGEO, January 2023} indicated the following: i. The subject stairway, and southern coastal bluff are not located within or crossed by a State-delineated Alquist-Priolo earthquake fault zone. ii. The beach and bluff-toe area of the cove are mapped within a tsunami inundation zone. iii. No known landslides are mapped at the site, but the site is generally susceptible to all types of slope hazards and indications of relatively shallow surficial slope failures were observed locally on the coastal bluff in the vicinity of the site. iv. The potential for liquefaction or seismically induced ground settlement due to an earthquake is considered very low due to the dense nature of the geologic units at the site. The geotechnical report concluded that no geotechnical conditions were apparent during the investigation that would preclude the proposed stairway stabilization measures. d. Flood Plain Development. The lower segment of the Terramar Stairway is located within a 100-year floodplain area as identified by the FEMA Flood Map Service Center. A Special Use Permit is required to develop in the coastal flood zone. In addition, there are no prime agricultural lands on or near the site. Therefore, the project is consistent with the provisions of the Coastal Resource Protection Overlay Zone. 4. The project is consistent with the provisions of the Coastal Shoreline Development Overlay Zone (Chapter 21.204 of the Zoning Ordinance) in that the Coastal Shoreline Development Overlay Zone is intended to provide land use regulations along the coastline area including the beaches, bluffs, and the land area immediately landward thereof. The purpose of the coastal shoreline development zone is to provide for control over development and land use along the coastline so that the public's interest in maintaining the shoreline as a unique recreational and scenic resource, promoting public safety and access, and in avoiding the adverse geologic and economic effect of bluff erosion, is adequately protected. Steps and stairways providing access from the top of the bluff to the beach are permitted by right. The proposal to repair the Terra mar public stairway includes filling the sea caves undercutting the stairway with erodible concrete and applying a shotcrete wall to the sides of the stairway, extending from the beach to the top of the concrete stairway wall, textured with an earthtone color to match the surrounding bluffs. The repair project also includes a request to replace the existing handrails which are rusted, and repair/replace tread of steps where needed. Pursuant to CMC Chapter 21.204.110, alternative solutions and mitigating measures shall be considered for shoreline development projects. The applicant, via correspondence from the geotechnical engineer, has considered the implementation of the repair project without erodible concrete under the stairway and the elimination of the proposed seawall on the north and south sides of the stairway. The applicant's geotechnical consultant has demonstrated that the overall condition of the stairway is no longer sufficient to protect against existing or future wave impact and reflection, and that improvements to the existing stairway are necessary. Without stabilization measures, the subject stairway will eventually fail. Based on the analysis and results of the geotechnical report as well as the documented history of bluff failures on the property, the applicant has determined the stairway would continue to be undermined without the shotcrete wall and it would therefore be an on-going public hazard. Pursuant to prior project approvals related to the stairway, the owner is legally responsible for and obligated to repair and maintain the public stairway. The geotechnical report prepared for this project recommends the proposed shotcrete wall. The proposed project meets the standards and requirements of the city's Local Coastal Program, which allows cliff retaining walls and seawalls when required to serve coastal dependent uses or to protect existing structures or public beaches in danger from erosion. The city's third-party engineering consultant has reviewed the geotechnical report prepared by the applicant's geotechnical engineer, determined the design is consistent with engineering requirements. In addition, the project is conditioned to require any dredge spoils associated with the improvements be deposited on the adjacent beach. The proposed work to the public stairway will both improve public safety and maintain public access to South Carlsbad State Beach, a recreational and scenic resource. In addition, the repairs may avoid the negative geologic and economic effects of significant bluff failures. The grading proposed in conjunction with the project, 18 cubic yards of cut, is proposed as temporary excavation to construct the footings for the wall. The project is conditioned to require the placement of any sand or similar dredge spoils on the South Carlsbad State Beach in the vicinity of the Terramar Stairway. In addition, the project is conditioned to require the Developer to replenish the beach with imported sand, or, in the alternative, to pay a sand mitigation fee to a guaranteed funding mechanism such as SANDAG's Public Access & Recreation Fund to compensate for any long-term impacts the shotcrete wall will have on beach sand supply. Special Use Permit (SUP 2024-0002) 5. The site is reasonably safe from flooding in that there are no public or private improvements other than the existing seawall and stairway which are in the coastal high hazard area. The repairs to the Terramar Stairway, a publicly accessed stairway, are designed to withstand high velocity waters, including coastal and tidal inundations and tsunamis. Fill material is not being used as structural support of the stairway and caissons currently anchor the stairway into bedrock. Erodible concrete will be used to fill the voids under the stairway that have been created by the waves. In addition, the improvements to the stairway are consistent with the recommendations of the geotechnical report (ENGEO, January 2023). 6. The project is designed to minimize the flood hazard to the habitable portions of the structure in that the existing public access stairway is not considered a habitable structure, has been designed to withstand high velocity waters in the flood hazard area and does not increase the base flood elevation. The improvements to the stairway, which is currently undermined by constant wave action, will improve public safety. 7. The proposed project does not create a hazard for adjacent, or upstream/downstream properties or structures in that the improvements to the stairway are consistent with the recommendations of the geotechnical report (ENGEO, January 2023) and will improve public safety. 8. The proposed project does not reduce the ability of the site to pass or handle a base flood of 100- year frequency in that the stairway is existing pursuant to CDP 96-05 and the filling of the sea caves with shotcrete and the construction of the shotcrete wall will not affect the base flood elevation. 9. The cumulative effect of the proposed project when combined with all the other existing, proposed, and anticipated development will not increase the water surface elevation of the base flood more than one foot at any point in that the filling of the sea caves with shotcrete and the construction of the shotcrete wall will not affect the base flood elevation. 10. The project is contingent upon compliance with other federal and state regulations as required in that the applicant is required to obtain a right-of-entry permit from State Parks for the construction staging area located on the coastal bluff and the beach adjacent to the stairway. General 11. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City's General Plan, based on the facts set forth in the staff report dated Dec.4, 2024 including, but not limited to the following: a. Land Use & Community Design -The Terramar Stairway is a privately maintained public stairway located at 5327 Carlsbad Blvd. providing access to South Carlsbad State Beach on a year-round basis. As a result of constant wave action, the stairway is undermined, and a series of sea caves have formed creating an unsafe condition for the public and impacting the long-term stability of the stairway and public safety on the beach. The proposal to backfill the voids under the stairway with erodible concreate, enhance the drainage under the stairway, replace the rusted handrails, repair the stair treads, and armor the north and south sides of the stairway with a shotcrete wall finished to resemble the adjacent bluffs will enhance the public's access to South Carlsbad State Beach and improve the safety to all that use the stairway and beach. State Parks has been consulted regarding the proposed project and support's the applicant's request to utilize the bluff as a temporary staging area for the equipment on State Parks property. A Right of Entry Permit to utilize the bluff top and adjacent beach area for staging areas will be required from State Parks. b. Open Space, Conservation, and Recreation -South Carlsbad State Beach is a public beach and is identified in the General Plan as a natural resource requiring preservation. The proposal to repair the Terra mar public stairway includes filling the sea caves undercutting the stairway with erodible concrete and applying a shotcrete wall to the sides of the stairway, extending from the beach to the top of the concrete stairway wall, textured with an earthtone color to match the surrounding bluffs. The repair project also includes a request to replace the existing handrails which are rusted, and repair/replace tread of steps where needed. The proposed work to the public stairway will both improve and maintain public access to South Carlsbad State Beach. State Parks has been consulted regarding the proposed project and support's the applicant's request to utilize the bluff as a temporary staging area for the equipment on State Parks property. The staging area to the south of the Terramar Stairway is disturbed, nonnative habitat. The area will be hydroseeded with a native mix acceptable to the State Parks Department c. Public Safety -Since a portion of the stairway and beach are in a 100-year flood zone, pursuant to Chapter 21.110 of the Carlsbad Municipal Code, a Floodplain Special Use Permit (SUP) is required. The proposed improvements to the stairway will not change the flood water elevations or negatively impact adjacent properties. The improvements are designed to protect the public stairway from tidal and wave action. The repairs will improve the stability of the public stairway, thus minimizing injury, loss of life, and property damage. The Geotechnical Report prepared by ENGEO (January 2023) recommended the filling of the sea caves with erodible concrete and the placement of shotcrete on the north and south sides of the stairway. The shotcrete will be attached to the stairway and a series of tieback anchors will be used to secure the wall. The shotcrete wall will be textured to match the surrounding rough finish and earthtone colors of the adjacent bluffs. The city's 3rd party geotechnical consultant has reviewed the applicant's geotechnical report. Prior to issuance of the building permit, compliance with the recommendations proposed in the geotechnical report shall be verified. In addition, a total of 18 cubic yards of cut/excavation is proposed for the stabilization project. The sand excavated in association with the project will be redistributed on the beach. d. Economy, Business Diversity and Tourism -The Terramar Stairway is adjacent to Carlsbad Boulevard and provides the public with year-round access to South Carlsbad State Beach. The proposed renovations to the stairway provide safety to the public and allow tourists and residents to continue to gather to enjoy the coastline and recreational amenities the beach offers. 12. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 3 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, a. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44 and will be collected prior to issuance of building permit. c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. d. The Local Facilities Management fee for Zone 3 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. 13. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 14. The City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15301(d) -Existing Facilities, of the state California Environmental Quality Act (CEQA) Guidelines. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. 15. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of a building permit. 1. Approval is granted for CDP 2022-0026/SUP 2024-002 (DEV2022-0071)-TERRAMAR STAIRWAY STABILIZATION as shown on Exhibits "A" -"J", dated DEC. 4, 2024, on file in the Planning Division and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 2. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the city shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the city's approval of this Coastal Development Permit and Special Use Permit. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Coastal Development Permit and Special Use Permit, documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 4. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 5. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 6. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the city arising, directly or indirectly, from (a) city's approval and issuance of this Coastal Development Permit and Special Use Permit (b) city's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the city's approval is not validated. 7. Priorto submittal of the building plans, improvement plans, grading plans, or final map, whichever occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the Coastal Development Permit and Special Use Permit conceptual grading plan and preliminary utility plan reflecting the conditions approved by the final decision-making body. The copy shall be submitted to the City Planner, reviewed and, if found acceptable, signed by the city's project planner and project engineer. If no changes were required, the approved exhibits shall fulfill this condition. 8. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 3 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 9. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. 10. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. 11. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17 and the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 3, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 12. Prior to the issuance of the building permit, Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Coastal Development Permit and Special Use Permit by this Resolution on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The City Planner has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 13. Developer shall make a separate formal landscape construction drawing plan check submittal to the Planning Division and obtain City Planner approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the city's Landscape Manual. Developer shall construct and install all landscaping and irrigation as shown on the approved Final Plans. All landscaping shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. All irrigation systems shall be maintained to provide the optimum amount of water to the landscape for plant growth without causing soil erosion and runoff. 14. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Division and accompanied by the project's building, improvement, and grading plans. 15. This approval shall become null and void if the commencement of construction activities has not begun for this Project within 24 months from the date of Project approval. 16. Prior to issuance of the building permit, Developer shall submit to the City Planner a copy of the Right of Entry Permit from California State Parks for the construction staging area. Once the construction equipment has been removed from the staging area, the area shall be hydroseeded with a native seed mix, to the satisfaction of the City Planner and California State Parks. 17. All beach-quality sand excavated to implement the project shall be redistributed on South Carlsbad State beach, and in the vicinity of the Terra mar Stairway, to the satisfaction of the City Planner. The beach-quality sand shall be placed in such a manner that maintains public access to the beach and shall not block existing or proposed drainage improvements. 18. Prior to issuance of the building permit, the Developer is required to replenish the beach with 85.1 cubic yards of imported sand to mitigate adverse impacts on local shoreline sand supply. In the alternative, the Developer may pay a sand mitigation fee to a guaranteed funding mechanism such as SANDAG's Public Access & Recreation Fund to compensate for the loss of shoreline sand supply. To satisfy this condition, the Developer shall submit to the City Planner the details of exactly how mitigation will be achieved and evidence of when the improvements would take place. If the Developer agrees to pay a sand mitigation fee, the in-lieu payment calculations must be based on sand supply costs for 2024, including quotes from quarries, example beach replenishment project costs, etc., and the receipt of payment shall be submitted to the City Planner, prior to issuance of the building permit. 19. The repairs to the Terramar Stairway shall be timed to avoid high beach use periods, as determined by the City Planner, which will limit interference with public recreational opportunities. Such high beach use timeframes shall include, but not be limited to, the weekends, as well as state and federal holidays. 20. Prior to the issuance of a building permit, the Developer shall submit for review and written approval from the City Planner, a Temporary Beach Access Control Plan exhibit to show the location of any proposed temporary construction/security fencing around the stairway landing and in the area landward of the stairway to deter the public from physically accessing the stairwell during the construction period. As part of the Temporary Beach Access Control Plan the Developer or contractor shall install where needed temporary detour signs to identify dedicated beach access. The Developer or contractor must also notify all affected residents (property owners and occupants within 100 feet) a minimum of 7 business days prior to beginning work to indicate the scope of work, the duration of the work, and timeline for completion. Documentation verifying the noticing has been completed shall be submitted to the City Planner. Access to be detailed on the Temporary Beach Access Control Plan may be adjusted in the field for existing or changing conditions to provide maximum feasible public access to the shoreline. 21. The Terramar Stairway Stabilization project, CDP 2022-0026/SUP 2024-0002, shall comply with the recommendations of the geotechnical report (ENGEO, January 2023), to the satisfaction of the Building Official and City Planner. Code Reminder: 22. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable city ordinances in effect at time of maintenance dredging, except as otherwise specifically provided herein. NOTICE TO APPLICANT An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning Commission's decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal prior to any judicial review. NOTICE TO APPLICANT The project site is within the appealable area of the California Coastal Commission. This Coastal Development Permit (CDP) shall not become effective until ten (10) working days have elapsed, without a valid appeal being filed with the Coastal Commission, following the Coastal Commission's receipt of the city's notice of the CDP issuance ("Notice of Final Action"). The filing of a valid appeal with the Coastal Commission within such time limit shall stay the effective date of this CDP until such time as a final decision on the appeal is reached by the Coastal Commission. NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on Dec.4, 2024, by the following vote, to wit: AYES: Kamenjarin, Lafferty, Meenes, Merz, Stine NAYES: None. ABSENT: Danna, Hubinger ABSTAIN: None. MENJARIN, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MIKE STRONG Assistant Director of Community Development ~ J1;#?5