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HomeMy WebLinkAboutCDP 2018-0029; CITY OF CARLSBAD LIFEGUARD TOWERS; Admin Decision LetterI - HtllEMPY ^atyof CarlsbadMINOR COASTAL DEVELOPMENT PERMIT NOTICE OF DECISION May 8, 2018 Nathan Pearson Captain Specialist City of Carlsbad 2560 Onon Way Carlsbad, CA 92010 RE COP 2018-0029 (PUB2018-0011) - QTY OF CARLSBAD LIFEGUARD TOWERS The city has completed a review of the application for a Minor Coastal Development Permit to install two temporary lifeguard towers located on the sand at the bottom of the public access stars at Carlsbad Village Drive and to the south of Beech Avenue The crt/s lifeguard service will extend from approximately Oak Avenue north to the northern city limits This is an approximately % mile long section referred to as North Beach The temporary lifeguard towers will be staffed by lifeguards between April and September The lifeguard towers will be removed from their locations seasonally Furthermore, no utilities will need to be supplied to the tower locations and any waste created by the use will be removed daily by staff It IS the City Planner's determination that the project COP 2018-0029 (PUB2018-0011), is consistent with the city's applicable Coastal Development Regulations (Chapters 21 201 - 21 205) and with all other applicable city ordinances and policies The City Planner, therefore, APPROVES this request based upon the following 1 That the total cost of the proposed development is less than $60,000 2 That the proposed development requires no discretionary approvals other than a Minor Coastal Development Permit 3 That the development is in conformity with the public access and public recreation policies of Chapter 3 of the Coastal Act, in that the two temporary lifeguard towers will not restrict public access and recreational opportunities as the towers will be located to the west of the Carlsbad Village Drive and Beech Avenue public access points Furthermore, the lifeguard towers are consistent with public safety needs and the need to protect the public. 4 The proposed development will have no adverse effect on coastal resources, in that the two temporary lifeguard towers will only be located on the beach seasonally and then removed There will not be any utilities needed to supply the towers and any waste created by the lifeguard towers will be removed daily Community & Economic Development Planning Division 1 1635 Faraday Avenue Carlsbad, CA 92008-73141760-602-46001760-602-8560 f | www carlsbadca gov CDP 2018-0029 (PUB2018-0011) - CITY OF CAf^BADllFEGyARD-TQWERSMav8,2018 nOa Page 2 5. That the proposed development is m conformance with the Certrhed Local Coastal Program and all applicable policies in that the two temporary lifeguard towers are only present during the summer season, and their small scale does not significantly detract from the surrounding coastal scenic resources The temporary lifeguard towers are removed from the beach during the off-season leaving unobstructed coastal views for beach visitors and residents. Furthermore, the project will not interfere with the public's right to physical access or water- onented recreational activities. No agncultural uses currently exist on the site and the proposed project Is not in an area of known geologic instability or flood hazards. 6 That the request for a minor coastal development permit was adequately noticed at least ten (10) working days before the date of this decision pursuant to Section 21 201 080(B) and (C) of the Carlsbad Coastal Development Regulations 7 That the City Planner has determined that the project is exempt from the requirements of the Califomia Environmental Quality Act (CEQA) per Section 15311(c) of the State CEQA Guidelines and will not have any adverse significant impact on the environment Conditions; Planning 1 The City Planner does hereby APPROVE the Minor Coastal Development Permit, CDP 2018-0029, for the project entitled CTTY OF CARLSBAD UFEGUARD TOWERS (Exhibit "A"- "E"), dated May 8, 2018, on file in the Planning Division and incorporated by this reference, subject to the conditions herein set forth 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 authonty 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 nghts are gained by Developer or a successor in interest by the City's approval of this Minor Coastal Development Permit 4 Staff IS authorized and directed to make, or require the Developer to make, all corrections and modifications to the Minor Coastal Development 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 5 The Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance 6 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 CDP 2018-0029 (PUB2018-0011) - CITY OF CARLSBAD LIFEGUARD TOWERS May 8, 2018 PaRe 3 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 7 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 Minor Coastal Development 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 Crt/s approval is not validated 8. This approval shall become null and void if the temporary lifeguard towers are not initially placed on the beach within 24 months from the date of project approval 9 The temporary lifeguard towers shall be placed no earlier than April l** and must be removed by October 1"* of each year. Placement of the towers shall provide clear, unobstructed access for beach-goers from the base of the access stairs to the beach. 10 Areas reserved for equipment, supplies, rescue apparatus, and waste shall be clearly marked by cones, signs or other portable means. Placement of such Items shall not obstruct access for beach-goers, and shall be removed at the end of each day. Overnight storage of Items, If any, shall be limited to the Interior lockable portion of the lifeguard towers. 11 This Minor Coastal Development Permit does not authorize power or other utility hook-ups to the temporary lifeguard towers. 12 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 building permit issuance, except as otherwise specifically provided herein CDP 2018-0029 (PUB2018-0011) - CITY OF CARLSBAD LIFEGUARD TOWERS May 8, 2018 Page 4 NOTICE This decision may be appealed by you or any member of the public to the Planning Commission within ten (10) calendar days of receipt of this letter Appeals must be submitted in writing to the Planning Commission at 1635 Faraday Avenue in Carlsbad, along with a payment of $850 The filing of such appeal within such time limit shall stay the effective date of the order of the Crty Planner until such time as a final decision on the appeal is reached The project site is within the appealable area of the California Coastal Commission This Minor 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 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 nght 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 FT 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 If you have any questions regarding this matter, please feel free to contact Pam Drew at 760-602-4644 or by email at pam drew@carlsbadca gov CITY OF CARLSBAD DAVID DE CORDOVA Pnncipal Planner DDCPDdh Don Neu, Crty Planner Scott Donnell, Senior Planner HPRM/File Copy California Coastal Commission (NoFA)