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Home My WebLink About2016-12-13; City Council; ; Receive report regarding Emergency CDP 2016-0001 related to the Goetz-Perell Sea Cave temporary repairs at 5323 and 5327 Carlsbad BlvdCA Review apt ciukszp CITY COUNCILti Staff Report %Foxe Meeting Date:December 13, 2016 To:Mayor and City Council From:Kevin Crawford, City Manage(, Staff Contact:Ted Delcamp, Senior Planner teri.delcamp@carlsbadca.gov or 760-602-4611 Subject:Receive a report regarding Emergency Coastal Development Permit CDP 2016-0001 related to the Goetz-Perell Sea Cave temporary repairs located at 5323 and 5327 Carlsbad Boulevard. Project Name:Goetz-Perell Sea Cave Project No.:CDP 2016-0001 Recommended Action Receive a report regarding Emergency Coastal Development Permit CDP 2016-0001 related to the Goetz-Perell Sea Cave temporary repairs located at 5323 and 5327 Carlsbad Boulevard. Executive Summary On November 29, 2016, the City Planner issued an Emergency Coastal Development Permit to allow repair work to install temporary gabions within a sea cave that has formed north of an existing seawall's northerly terminus on the west bluff face of the properties located at 5323 and 5327 Carlsbad Boulevard between Cerezo Drive and Shore Drive.Pursuant to Carlsbad Municipal Code Section 21.201.190,the City Planner is required to report to the California Coastal Commission through its executive director and to the City Council at the first scheduled meeting after the emergency permit has been issued, the nature of the emergency and the work involved. The City Council may either receive the report, which would allow the emergency repair work to proceed; or, if one-third of the City Council so requests, direct that the emergency CDP shall not go into effect.This option would halt the emergency repair work,and would require the applicant to process a regular CDP application for an eventual decision by the Planning Commission. Discussion The existing seawall on the bluff of the subject properties was approved by the city in 2009. Emergency permits were issued by the city in April and June 2009 (CDP 09-07; CDP 09-11) which allowed the construction of the seawall to occur.City approval of the required post-emergency regular CDP for the seawall followed in May 2010 (CDP 09-13).The approval of CDP 09-13 was then appealed by the Coastal Commission.The appeal is still pending action by the Coastal Commission. Since the construction of the seawall,a sea cave has formed at the north end of the existing seawall.The coastal bluff has been subject to marine erosion which has opened the sea cave, exposing clean sands.The sea cave is large enough to fit several adults and is propagating rapidly and eroding clean sands and other materials behind the seawall.Without the proposed temporary repair measures,the sea cave will likely expand,the seawall may suffer severe damage and put the homes above in jeopardy.The sea cave is also an attractive and dangerous nuisance to beachgoers enticed to "explore" the cave.This emergency repair would abate the ongoing marine erosion in and around the sea cave to stabilize the situation until a permanent solution can be determined and permitted. The proposed emergency repair work consists of filling the sea cave on a temporary basis using a combination of Dura-Guard marine gabions, which will be filled with beach cobblestones, sand bags, and filter fabric.The gabions are shaped into three-foot-by-three-foot to six-foot-by-six- foot gabion baskets filled with three inch or larger cobble and/or sand bags. The gabions prevent the sand bags from being dislodged from the sea cave and deposited by waves and sea water onto the beach.The gabion baskets are easily formed into shapes to fit odd sized holes like the sea cave.The filter fabric will stop any further erosion or sand migration from behind the gabions inside the sea cave.None of the materials used will be physically attached to the bluff or beach. All sand utilized for the project will be imported, beach-equivalent sand.At the expiration of the emergency permit, the sand and cobbles will be deposited onto the beach,and the gabion baskets and filter fabric will be removed from the beach for re-use or proper disposal.All work will take place using hand installation methods. The City Planner has determined the temporary emergency repair is necessary to abate potential hazards and stabilize the situation until a permanent solution can be determined and permitted through the regular CDP process.As such,the City Planner issued an emergency CDP on November 29,2016,for the necessary emergency work.Conditions require the work to be completed within 30 days,as-built plans to be provided to the city and Coastal Commission, and a regular CDP application to be submitted to the city. Fiscal Analysis The emergency work to install temporary marine gabions in the sea cave is being completed by the property owners' licensed contractor. Next Steps This report is informational only.If the City Council receives and files the report, then the emergency CDP work will be completed as approved and conditioned.However, if one-third of the City Council so requests, the permit issued by the City Planner shall not go into effect and an application for a regular CDP shall be processed in due course in accordance with established procedures (not an emergency). Environmental Evaluation (CEQA). The issuance of an emergency CDP for the installation of temporary marine gabions within the sea cave is statutorily exempt from CEQA review pursuant to CEQA Guidelines Section 15269, Emergency Projects,as CEQA does not apply to actions necessary to prevent or mitigate an emergency. Public Notification Public notice on the proposed emergency action was not required and did not occur because time did not allow due to the emergency situation. Exhibits 1.Emergency Coastal Development Permit CDP 2016-0001 2.Before Picture and After Picture City of Carlsbad EMERGENCY COASTAL DEVELOPMENT PERMIT NOTICE OF DECISION November 29,2016 Jon Corn Axelson & Corn,P.C. Suite 201 160 Chesterfield Drive Encinitas, CA 92007 RE:CDP 2016-0001 —GOETZ-PERELL SEA CAVE —EMERGENCY PERMIT • The City Planner has completed a review of the application for an Emergency Coastal Development Permit to do repair work to install temporary gabions within a sea cave that has formed north of an existing seawall's northerly terminus on the west bluff face of the properties located at 5323 and 5327 Carlsbad Boulevard between Cerezo Drive and Shore Drive.The coastal bluff has been subject to marine erosion which has opened the sea cave, exposing clean sands.The sea cave is large enough to fit several adults and is propagating rapidly and eroding clean sands and other materials behind the seawall. The repair work will consist of filling the sea cave on a temporary basis using a combination of Dura- Guard marine gabions, which will be filled with beach cobblestones, sand bags,and filter fabric.The gabions will be shaped into three-foot-by-three-foot to six-foot-by-six-foot gabion baskets filled with three inch or larger cobble and/or sand bags.The gabions will prevent the sand bags from being dislodged from the sea cave and deposited by waves and sea water onto the beach.Dura-Guard marine gabions are constructed of high-strength,flexible co-polymer geo-grid materials that are durable,UV stable and non-corrosive.The gabion baskets are easily formed into shapes to fit odd sized holes like the sea cave.The filter fabric will stop any further erosion or sand migration from behind the gabions inside the sea cave.None of the materials used will be physically attached to the bluff or beach.All sand utilized for the project will be imported,beach-equivalent sand.At the expiration of the emergency permit, the sand and cobbles will be deposited onto the beach, and the gabion baskets and filter fabric will be removed from the beach for re-use or proper disposal.All work will take place using hand installation methods. Without the proposed temporary repair measures,the sea cave will likely expand,the seawall may suffer severe damage and put the homes above in jeopardy.The sea cave is also an attractive and dangerous nuisance to beachgoers enticed to "explore" the cave.This emergency repair would abate the ongoing marine erosion in and around the sea cave to stabilize the situation until a permanent solution can be determined and permitted.The California Coastal Commission staff engineer has reviewed the emergency situation and proposed temporary repair, and accepts the proposed measures as conditioned. Emergency projects are statutorily exempt from the California Environmental Quality Act (CEQA)pursuant to CEQA Guidelines Section 15269. Community & Economic Development Planning Division 11635 Faraday Avenue Carlsbad, CA 92008-73141760-602-46001760-602-8560 flwww.carlsbadca.gov CDP 2016-0001 —GOETZ-PERta,SEA CAVE November 29, 2016:::;..:.; Page 2 The City Planner APPROVES this request for an Emergency Coastal Development Permit based upon the following: Findings: 1.An emergency exists that requires action more quickly than permitted by the procedures for minor coastal development permits or for regular permits and the work can and will be completed within thirty days unless otherwise specified by the terms of the permit; 2.Public comment on the proposed emergency action has not occurred because time did not allow; and 3.The work proposed will be consistent with the requirements of the certified Coastal Land Use Plan. Conditions: 1.The Emergency Coastal Development Permit is granted subject to completion of the emergency repair work within 30 days. 2.Within 15 days after completion of the emergency repair work, the developer shall prepare and submit as-built plans showing details of the temporary repair in accordance with this approval.The developer shall transmit two sets of the as-built plans to the City of Carlsbad and one set to the California Coastal Commission staff. 3.The developer shall submit a formal application for a regular Coastal Development Permit and Floodplain Special Use Permit (Coastal High Hazard area) to the City within 30 days of this letter. 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