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HomeMy WebLinkAboutCDP 2023-0009; BEACH TERRACE FIRE PITS; Admin Decision LetterMay 10, 2023 MINOR COASTAL DEVELOPMENT PERMIT NOTICE OF DECISION Carlsbad Beach Hotel Properties ATTN: Renier Milan 2775 Ocean Street Carlsbad, CA 92008 RE: CDP 2023-0009 (DEV2023-0044) -BEACH TERRACE FIRE PITS Ccityof Carlsbad 8FILE COPY The city has completed a review of the application for a Minor Coastal Development Permit to allow for the as-built removal of an existing in-ground spa and installation in its place an above-ground, prefabricated, 60-inch diameter fire pit. Also included are three additional as-built above-ground, prefabricated fire pits (one (1) 48-inch diameter and two (2) 42-inch diameter), including as-built gas line connections, all within an existing pool area of the Beach Terrace Inn at 2795 Ocean Street (APN 203-235- 03-00). The property is currently developed with an existing hotel and is located within the Multiple- Family Residential (R-3) zone. The property is located in the appealable area of the California Coastal Commission. It is the City Planner's determination that the project CDP 2023-0009 (DEV2023-0044) -BEACH TERRACE FIRE PITS, 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 proposed development requires no discretionary approvals other than a Minor Coastal Development Permit. 2. That the development is in conformity with the public access and public recreation policies of Chapter 3 of the Coastal Act, in that the as-built fire pits and gas lines are located on a property adjacent to the ocean and the first public right-of-way in an existing pool area of a hotel. Directly adjacent to the project site to the south is an existing 10-foot public access. The project will not cause impacts to public access as only minor physical changes are proposed on existing hardscape area that is located outside of the 10-foot public access. The property will continue to operate as a hotel, which is available for transient occupancy. 3. The proposed development will have no adverse effect on coastal resources, in that the as-built fire pits and gas lines are located on a portion of the property that is already disturbed and fully hardscaped. The project is not anticipated to cause stability or erosion issues to the existing bluff, Community Development Department Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 442-339-2600 www.carlsbadca.gov CDP 2023-0009 (DEV2023-0044) -BEACH TERRACE FIRE PITS May 10, 2023 Pa e 2 as the fire pits and gas lines are located within the existing hardscape area of the hotel, no increase in impervious surfaces will occur and the existing drainage will not be impacted. 4. That the proposed development is in conformance with the Melo II Segment of the Certified Local Coastal Program and all applicable policies in that the property is designated R-23, Residential 15- 23 du/ac and R-3, Multiple-Family Residential. The existing hotel use does not conform to the R-3 zoning allowed land uses and is considered a nonconforming nonresidential use per the nonconforming ordinance, CMC Section 21.48.070 and the hotel structures do not conform to the R-3 zone development standards and the structures are considered nonconforming nonresidential structures per CMC Section 21.48.060. However, according to the nonconforming ordinance, CMC Chapter 21.48, nonconforming nonresidential uses and structures may be repaired or altered if the project does not increase the degree of the existing nonconformity. The as-built fire pits and gas lines are not considered an increase in the degree of existing nonconformity of the structure(s) and use. The proposed project will not obstruct views of the coastline as seen from public lands or the public right-of-way, nor otherwise damage the visual beauty of'the coastal zone. No agricultural uses currently exist on the site, nor are there any sensitive resources located on the _property. Furthermore, the as-built fire pits and gas lines are not anticipated to result in stability or erosion issues to the existing bluff, as the fire pits and gas lines will not cause an increase in impervious surfaces and the existing drainage will not be impacted. 5. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance), in that 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 runoff, pollutants, and soil erosion.· No undevelopable steep slopes or native vegetation exist on the subject property and the developed site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction. No habitat buffers or geologic stability setbacks are required of the property. 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(6) 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 California Environmental Quality Act (CEQA) per Section 15303(a)-New Construction or Conversion of Small Structures -of the State CEQA Guidelines and will not have any adverse significant impact on the environment. Conditions: 1. The City Planner does hereby APPROVE the Minor Coastal Development Permit, CDP 2023-0009, for the project entitled BEACH TERRACE FIRE PITS (Exhibit "A"), dated May 10, 2023, 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 CDP 2023-0009 (DEV2023-0044) -BEACH TERRACE FIRE PITS May 10, 2023 Pa e 3 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 Minor Coastal Development Permit. 3. 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. 4. 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. . 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 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 city's approval is not validated. 7. 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. 8. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), 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 1, 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. 9. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. CDP 2023-0009 (DEV2023-0044) -BEACH TERRACE FIRE PITS May 10, 2023 Pa e 4 Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 8, 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. 10. Prior to Planning approval of the Building Permit, Developer shall submit to the City a Notice of Restriction 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 Minor Coastal Development Permit 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. 11. 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. 12. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. 13. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 17.04.060. Prior to submittal for a building permit, Developer shall submit a request for addressing to the Building Division. 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 $847. The filing of such appeal within such time limit shall stay the effective date of the order of the City 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 CDP 2023-0009 (DEV2023-0044) -BEACH TERRACE FIRE PITS May 10, 2023 Pa e 5 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. If you have any questions regarding this matter, please feel free to contact Lauren Yzaguirre at 442-339- 2634 or by email at Lauren.Yzaguirre@carlsbadca.gov. CITY OF CARLSBAD ~~ CL~:;S - Principal Planner CJ:LY:JC c: Eric Lardy, City Planner Nichole Fine, Project Engineer Laserfiche/File Copy Data Entry