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HomeMy WebLinkAboutCD 2025-0009; CITY OF CARLSBAD LIFEGUARD TOWERS; Admin Decision LetterMarch 30, 2026 Kevin Lynds Carlsbad Fire Department 2560 Orion Way Carlsbad, CA 92010 C city of Carlsbad SUBJECT: CD 2025-0009 (PUB2018-0011)-CITY OF CARLSBAD LIFEGUARD TOWERS Community Development has completed a review of your application for Substantial Conformance Review, CD 2025-0009, pursuant to Chapter 21.89 of the Carlsbad Municipal Code (CMC). The substantial conformance review consists of proposed modifications to the approved placement protocol for two previously approved Coastal Development Permits: CDP 2018-0029 (approved May 8, 2018), which authorized two temporary lifeguard towers located at the base of the public access stairs at Carlsbad Village Drive on the south and near Beech Avenue on the north; and CDP 2020-0045 (approved January 15, 2021), which authorized a third tower near the northern city boundary, north of Rue Des Chateaux. The city provides lifeguard services for the entire "North Beach" area, which extends about 3,200 feet from approximately Oak Avenue on the south to the city limits with Oceanside on the north. The request seeks to allow flexibility in the siting of the three approved lifeguard towers within a defined "flexible placement" zone along North Beach in response to beach erosion, sand availability, crowd density, and public safety considerations. The request would: 1. Relocate the Rue Des Chateaux lifeguard tower approved by CDP 2020-0045 south to the Grand Avenue public access stairs vicinity (in between the Beech Avenue and Carlsbad Village Drive). This relocation is due to a lack of sand in recent years, which has made the Rue Des Chateaux location unusable for tower placement. If or when sand is replenished at the Rue Des Chateaux location, and the tower is returned to that area, it will be placed in the same location as previously approved under the CDP 2020-0045. 2. Allow the flexible placement of the three towers (including the one relocated from the Rue Des Chateaux area) within a zone that extends from approximately Beech Avenue on the north to the vicinity of Oak Avenue beach access staircase on the south. This zone extends approximately 320 feet past the most southerly tower placement approved by CDP 2018-0029 (i.e., the tower at the base of the Carlsbad Village Drive public access stairs). After careful consideration ofthe submitted materials, the Assistant Director of Community Development, acting as the City Planner, has determined that the request meets the required findings of CMC Section 21.89.080 and APPROVES this request. The proposed modifications allow seasonal placement of the three lifeguard towers within a defined zone that is substantially consistent with the previously approved CDP 2018-0029, with flexibility of no greater than ten percent (10%) from the boundaries of the originally approved area to accommodate variable beach conditions. Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 CD 2025-0009 (PUB2018-0011) -CITY OF CARLSBAD LIFEGUARD TOWERS March 30, 2026 Pa e 2 The towers remain temporary in nature, are not connected to utilities, require no grading or ground disturbance, and will continue to be placed no earlier than April 1st and removed by October 1st of each year, consistent with Condition No. 9 of CDP 2018-0029. Off-season storage of all towers will continue at Fire Station 7 and shall not take place on or adjacent to the beach without a separate Coastal Development Permit. The towers support the continued safety of and access to the beach for members of the public. In order for a substantial conformance to be approved, the following findings must be made pursuant to CMC Section 21.89.080: 1) That the proposed revision provides an architectural style of development that is substantially consistent with the building forms, building colors, and building materials that were approved as part of the authorizing discretionary action, in that the lifeguard towers are the same temporary, freestanding structures previously approved under CDP 2018-0029 and CDP 2020-0045. No changes are proposed to the towers themselves, their form, color, or materials. The request solely pertains to the flexibility of tower placement within defined zones consistent with the approved CDP areas. This finding is not strictly applicable to the towers given their temporary and non-architectural nature; however, the towers remain materially and visually consistent with what was originally approved. 2) That the proposed revision complies with all relevant development standards and design criteria and will not result in any health, safety, or welfare impacts, in that the flexible tower siting will not involve any grading, excavation, trenching, vegetation removal, installation of permanent foundations, utility hookups, site hardening, or disturbance to native coastal resources. The towers are placed landward of daily wet sand in locations that minimize exposure to ocean water while ensuring adequate lifeguard coverage and unobstructed public beach access. Tower placement will continue to provide clear, unobstructed access to the beach and the proposed flexibility in siting enhances public safety by allowing the Fire Department to respond adaptively to changing beach conditions. 3) That the proposed revision is consistent with the density, intensity, or use from what was approved as part of the authorizing discretionary action, in that the use remains identical to what was approved under CDP 2018-0029 and CDP 2020-0045: three temporary, seasonal lifeguard towers located on the sand at North Beach, staffed by lifeguards between April and October. No change in the number of towers, operational hours, staffing, or nature of use is proposed. The request does not increase the intensity of the use or expand operations beyond what was originally contemplated. 4) That the proposed revision is minor and authorizes a deviation or deviations of no more than 10 percent, provided that it is consistent with the authorizing discretionary action and maintains compliance with all relevant development standards, in that the flexible placement zone remains within the area the city provides lifeguard service (i.e., from approximately the Oak Avenue beach access staircase 3,200 feet north to the city boundary with Oceanside} and the revised zone boundaries proposed by the applicant extend the originally approved CDP areas by 320 feet to the south of Carlsbad Village Drive, or less than ten percent {10%} of the overall lifeguard service area; this flexibility enables lifeguards to move towers to accommodate variable beach conditions, including erosion, sand replenishment, and public safety needs. Further, the original CDP exhibits for CDP 2018-0029 identified tower locations as "approximate," affording inherent Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 CD 2025-0009 {PUB2018-0011) -CITY OF CARLSBAD LIFEGUARD TOWERS March 30, 2026 Pa e 3 flexibility in siting. The proposed zone is consistent with the scope, purpose, and intent of the authorizing CDPs and does not authorize additional lifeguard towers. No deviation is proposed that would increase the intensity of the project or have a potentially detrimental effect on adjacent uses or coastal resources. 5) That the proposed revision maintains, in their entirety, all of the project conditions required as part of the authorizing discretionary action, in that no existing conditions of approval from CDP 2018-0029 or CDP 2020-0045 are proposed to be modified or deleted. All conditions of approval, including those related to placement and removal dates (April 1st through October 1st), prohibition of utility hookups, requirements for unobstructed beach access, and daily removal of equipment and waste, remain in full force and effect. Off-season tower storage will be maintained at Fire Station 7 and shall not occur on or adjacent to the beach. 6) That the proposed revision is consistent with the previously evaluated environmental findings and will not result in any significant environmental impact, and/or require further environmental review in that the project remains categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15311{c) of the State CEQA Guidelines, consistent with the environmental determination made under CDP 2018-0029 and CDP 2020-0045. The towers are temporary structures placed on publicly owned land that is designed for public use. No grading, excavation, mechanized sand manipulation, trenching, ESHA disturbance, permanent foundations, tie-downs, anchors, utilities, site hardening, or new access ramps are proposed or will be constructed in connection with this approval. 7) That the proposed revision is consistent with the standards set forth in the Village and Barrio Objective Design Standards or the Citywide Objective Design Standards, as applicable, in that the temporary lifeguard towers are located on a public beach and are not subject to the Village and Barrio Objective Design Standards or the Citywide Objective Design Standards. Therefore, the Assistant Director of Community Development has determined that the application qualifies for a substantial conformance with the approved permit and approves the changes to the project based pursuant to CMC Section 21.89 .060. 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 the 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 Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 CD 2025-0009 (PUB2018-0011) -CITY OF CARLSBAD LIFEGUARD TOWERS March 30, 2026 Pa e 4 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. This decision may be appealed by you or any other member of the public to the Planning Commission within ten days of the date of this letter. Appeals must be submitted in writing to the Planning Division at 1635 Faraday Avenue in Carlsbad, along with a payment of $952. The filing of such appeal within such time limit shall stay the effective date of the order of the Assistant Director of Community Development until such time as a final decision on the appeal is reached. If you have any questions regarding this matter, please feel to contact Alex Alegre at (442) 339-5268. CITY OF CARLSBAD tA)n~ Michael Strong Director of Community Development RE:AA:cf c: Nathan Pearson, Fire Division Chief Eric Lardy, Assistant Director of Community Development ROBERT EFIRD, Principal Planner Scott Donnell, Senior Planner Laserfiche/File Copy Data Entry Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600