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HomeMy WebLinkAbout2024-08-08; Terramar Stairway Stabilization Status Update (District 2); Barberio, GaryTo the members of the: CITY COUNC IL Date~CA ✓cc ✓ CM ~ACM V DCM (3) ✓ Council Memorandum August 8, 2024 To: From: Via: Re: Honorable Mayor Blackburn and Members of the City Council Gary Barberio, Deputy City Manager, Community Services Jeff Murphy, Community Developm~\Director Geoff Patnoe, Acting City Manager ~ Terramar Stairway Stabilization Status Update (District 2) {city of Carlsbad Memo ID# 2024055 This memorandum provides an update regarding the permit review status of the Terra mar Stairway Stabilization project (CDP 2022-0026/SUP 2024-0002). While the city has permit authority for the Coastal Development Permit (CDP), for the reasons explained in this Council Memorandum, the permit is likely to be appealed to the City Council and/or the California Coastal Commission. Background/Discussion The "Terramar Stairway" is a public stairway on private property at 5327 Carlsbad Boulevard which provides public access to South Carlsbad State Beach . The stairway is open to the public, but privately owned and maintained. In addition to the stairway, the property is developed with a single-family home and a seawall at the base of the bluff. A condition of approval of the CDP for the construction of the stairway and the home requires the owner of 5327 Carlsbad Boulevard to maintain the stairway and keep it open for public access. As a result of constant wave action over the past several years, the loss of soil has undermined the stairway and a series of sea caves have formed under the stairway. A CDP application to repair the stairway was submitted by the owner of 5327 Carlsbad Boulevard on April 19, 2022. The repair project includes a proposal to armor the north and south sides of the concrete stairway through the application of shotcrete. The undermined area underneath the stairway will also be filled with shotcrete. Generally, the Coastal Commission policies do not support armoring of bluffs or other public infrastructure. However, this is what the owner's geotechnical engineer has proposed to repair the stairway and prevent further undercutting of the stairway. There is an existing seawall at the base of the bluffs and immediately adjacent to the north side of the stairway. The CDP application for the repairs to the stairway is complete for processing and Planning staff will be preparing the staff report for consideration by the Planning Commission over the next few months. It is anticipated the Planning Commission hearing for the CDP will be in November. The permit history for development at 5327 Carlsbad Boulevard is summarized in Attachment A. Next Steps City staff has shared the details of the proposed project with the Coastal Commission. Coastal staff has requested the applicant prepare an alternatives analysis which includes options to the Community Services Branch Community Development Department 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 760-602-2710 t Council Memo -Terramar Stairway Stabilization Status Update (District 2) August 8, 2024 Page 2 proposed design, which could include scaling back the extent of the proposed shotcrete on the north and south sides of the stairway. The applicant has declined the Coastal Commission's request to study alternative designs. There is no regulatory requirement for an alternative design, and the proposed project meets the standards and requirements of the city's Local Coastal Program. 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, and has no additional comments. Since the application is deemed complete and exempt from the California Environmental Quality Act, the city must move forward with consideration of the entitlements. The applicant is aware of the Coastal Commission's interest and has requested to move forward. The applicant is also aware of the possibility of an appeal. There are two possible paths for the project to be appealed. The first opportunity for the public to appeal the project is within 10 days ofthe Planning Commission decision. In this instance, if a member of the public appeals the project, the appeal will be considered by the City Council. If no appeals are received during this timeframe, the city issues a Notice of Final Action and sends it to the Coastal Commission. Once the Coastal Commission receives the notice, Coastal staff prepare a notice which starts a second 10-day appeal period. A member of the public or the Coastal Commission can appeal the project at this time. If an appeal is filed during this second appeal period, the Coastal Commission assumes authority of the CDP and the Coastal Commission will act on the CDP. Planning Department staff will be proceeding with the preparation of the staff report for the Planning Commission with an expected hearing date in November. Attachments: A. Terramar Stairway Stabilization Status Update -Permit History B. Minutes, City Council Hearing, June 16, 2009, on file with City Clerk's Office (https://records.carlsbadca.gov/Weblink/DocView.aspx?id=4879651&dbid=0& repo=CityofCarlsbad) C. Staff Report, City Council Hearing, May 25, 2010, on file with City Clerk's Office (https://records.carlsbadca .gov/Weblink/DocView.aspx?id=4866135&dbid=0& repo=CityofCarlsbad https://records.carlsbadca .gov/Weblink/DocView.aspx?id=4866136&dbid=0&r epo=CityofCarlsbad) cc: Scott Chadwick, City Manager Cindie McMahon, City Attorney Allegra Frost, Senior Assistant City Attorney Eric Lardy, City Planner Jason Geldert, Land Development Manager Cliff Jones, Principal Planner Nichole Fine, Senior Engineer Shannon Harker, Senior Planner Kyle Lancaster, Parks & Recreation Director ATTACHMENT A TERRAMAR STAIRWAY STABILIZATION STATUS UPDATE PERMIT HISTORY • May 1997, SUP 96-07/CDP 96-05/HDP 97-03 Public beach access stairway, currently known as the "Terramar Stairway," approved for construction at 5327 Carlsbad Boulevard. • August 1998, CDP 98-05 Subdivision of a 1.6-acre lot into three single-family lots approved, including the subject lot at 5327 Carlsbad Boulevard. • June 2002, CDP 01-11 Construction of a single-family home at 5327 Carlsbad Boulevard approved. • June 2009, CDP 09-11, Goetz Seawall An Emergency Coastal Development Permit1 was issued by the Planning Director for the construction of a 17 to 24-foot-tall seawall to repair bluff failures that occurred during a series of heavy rain events that occurred at the base of coastal bluffs located at 5323 and 5327 Carlsbad Boulevard in 2008 and 2009. The permit was exercised, and the seawall was constructed. A representative of the Surfrider Foundation spoke during the public comment period of t he June 16, 2009 City Council hearing and requested the Emergency CDP be placed on the agenda for discussion. The City Attorney determined the matter could be considered by Council on the same night as an emergency item with a vote of the Council. The City Council approved the request to place it on the agenda, allowed for public comment and expressed their support of the Planning Director's issuance of Emergency CDP 09-11. No further action was taken. Please see Exhibit 1 for the minutes to the City Council hearing. A Notice of Final Action was sent to the Coastal Commission. No appeals were filed. The construction of the seawall was completed in September, 2009 . A condition was included in the Emergency CDP to apply for a standard or "regular" CDP to permanently authorize the construction of the seawall. • April 7, 2010, CDP 09-13/SUP 09-05, Goetz Seawall Planning Commission hearing A CDP and Special Use Permit (SUP) were approved by the Planning Commission for t he already constructed 97- foot-long by 17 to 24-foot-tall seawall at the base of the coastal bluff below 5323 and.5327 Carlsbad Boulevard. The seawall was constructed adjacent to the north elevation of Terra mar Stairway and, effectively, connects the two structures. • April 19, 2010, Appeal filed by Surfrider Foundation and Coastal Environmental Rights Foundation The Surfrider Foundation appealed the approval of CDP 09-13 and SUP 09-05 by the Planning Commission to the City Council claiming that the issuance of the permits violated CEQA, the seawall will destroy the public beach and it is not the most environmentally sensitive option. The properties where the seawall was constructed are in the appeal jurisdiction of the Coastal Commission . • May 25, 2020, City Council Hearing for Appeal of Goetz Seawall City Council adopted Resolution No. 2010-126 upholding the Planning Commission's approval of CUP 09-13 and SUP 09-05. Please see Exhibit 2 for links to the City Council staff report. 1 In April 2009, the first Emergency Coastal Development Permit was issued by the Planning Director. A Notice of Final Action was sent to tlie Coastal Commission; no appeals were filed. The permit was not exercised and subsequently expired. A new/second Emergency Coastal Development Permit was filed in June 2009. • June 15, 2010, Appeal fi led by the Coastal Commission. The Surfrider Foundation and two coastal commissioners filed an appeal of the City Council's decision to uphold the CDP to the California Coastal Commission. On June 14, 2014 the Coastal Commission held a public hearing on the seawall. The hearing was continued. Coastal Commission staff never brought back the project for the Coastal Commission's consideration. With the Coastal Commission appeal, the Coastal Commission has jurisdiction over the CDP for the seawall. The CDP for the seawall is still pending action by the Coastal Commission. It is unknown why the project was never reconsidered by the Coastal Commission, or what, if anything the Coastal Commission Staff will propose for that lack of action and how they may relate it to an appeal on the current project. The current proposed stairway stabilization is abutting to the seawall. • November 19, 2010, Lawsuit filed by Surfrider Foundation Surfrider Foundation vs. City of Carlsbad (San Diego Superior Court Case No. 37-2010-00062015). Surfrider filed a lawsuit alleging that the city's approval of CDP 09-13 and SUP 09-05 violated CEQA. The city argued that the case should be filed against the Coastal Commission once it issued a final decision on the appeal. Surfrider appealed the decision to the Coastal Commission, which heard the appeal. Since the Coastal Commission's decision regarding the permit would override the city's approval and make the lawsuit moot, the case against the city remained on hold until 2021 when Surfrider agreed to dismiss the case even though the Coastal Commission still had not issued its final decision. • November, 2016, CDP 2016-0001, Goetz-Perell Sea Cave Emergency Permit Emergency Coastal Development Permit issued by the City Planner to allow for the temporary fill of an expanding sea cave on the north side of the existing seawall at 5323 and 5327 Carlsbad Boulevard. No appeals were filed after the Notice of Final Action issued. • December, 2016, CDP 2016-0001, Goetz-Perell Sea Cave Emergency Permit Planning staff presented a report to the City Council regarding Emergency Coastal Development Permit CDP 2016-0001. • April 2022, CDP 2022-0026/SUP 2024-0002, Terramar Stairway Stabilization Subject application filed to repair the stairway which provides public access to South Carlsbad State Beach. • April 20, 2024, CEQA Determination of Exemption Posted for CDP 2022-0026/SUP 2024-0002 The City Planner's CEQA Determination of Exemption was posted for 10 days subject to the requi rements of Title 19 of the Carlsbad Municipal Code . No appeals were filed. Therefore, the CEQA determination that the project is exempt from CEQA is final. If the project is approved by the Planning Commission, a Notice of Exemption will be filed at the San Diego County Clerk's Office.