Loading...
HomeMy WebLinkAboutCDP 11-01; Beach Access Repair; Coastal Development Permit (CDP)CITY OF ^-^r\LoDr\LJ MINOR COASTAL DEVELOPMENT PERMIT Planning Division NOTICE OF DECISION www.carlsbadca.gov July 26, 2011 John Schaubte City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 SUBJECT: CDP 11-01 - BEACH ACCESS REPAIR The City has completed a review of the application for a Minor Coastal Development Permit for the extension and repair of a beach bluff staircase and replacement of an adjacent storm drain outlet. Both facilities are located on city property west of the west terminus of Carlsbad Village Drive. The stairway provides public beach access down a bluff from Carlsbad Village Drive. The improvements to be built under this permit are located near the base of the bluff. The project, as proposed, would make repairs to the existing staircase, extend the staircase to alleviate a drop-off.hazard, and replace the adjacent storm drain energy dissipater. Because of erosion, which has removed sand at the base of the stairs and created a gap between the sand and the bottom stair, the staircase is proposed to be extended down approximately 5.5 feet in elevation. The replacement of the storm drain energy dissipater will replace the existing box outlet at the end of a 24-inch storm drain, which will be protected in place. Although slightly larger in size, the new dissipater will have generally the same capacity as the existing one. To replace the dissipater, reconstruction and compaction of the bluff around it will be necessary along with removal and replanting of non-native vegetation. Additionally, the existing rip-rap at the base of the outflow will be removed to allow installation of an underlying filter fabric for erosion control and then restored in place. The rip rap may also be supplemented by similarly-sized rocks, but the area of the rip rap will not be enlarged. Construction vehicle will access the project site from Pine Avenue, approximately two blocks to the south. To avoid disruption, construction will not occur in the summer months. Finally, the improvements and the temporary construction area around them will occur on land within the City of Carlsbad's jurisdiction. As noted on project plans, the temporary construction area is located landward of both the High Tide Line (boundary of Army Corps of Engineer jurisdiction) and Mean High Water Line/Mean High Tide Line (boundary of Coastal Commission jurisdiction). - After careful consideration of the circumstances surrounding this request, it is the City Planner's determination that CDP 11-01 - BEACH ACCESS REPAIR, is consistent with the Carlsbad Municipal Code, specifically the Coastal Development Permit Procedures found in Chapter 21.201 and the Coastal Shoreline Development Overlay Zone in Chapter 21.204. Accordingly, the Planning Director has determined the findings required for granting a Minor Coastal Development Permit can be made and therefore APPROVES this request based on the following findings and conditions: 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 © CDP 11-01 - BEACH ACCESS REPAIR July 26, 2011 PAGE 2 Findings: 1. The project qualifies as a minor coastal development permit in that: a. It has a valuation under $60,000. b. It requires no discretionary approvals other than this permit. c. It complies with the city's Local Coastal Program and has no adverse effects on coastal resources or public access has demonstrated by the other findings herein. 2. The project conforms with the public access and recreation policies of Chapter 3 of the Coastal Act in that the project will facilitate and improve public access and recreation by extending a stairway to provide safe access to the beach and improving an existing storm drain facility that will improve runoff and erosion control, beach appearance, and beach access due to its proximity to the existing stairway. Further, project construction will occur at a time other than the busy summer season. 3. The project conforms to the Certified Local Coastal Program and all applicable policies in that it (1) proposes uses (i.e., storm drain outlet and stairway improvements) consistent with the Open Space land use and zoning designations; (2) occurs in an already disturbed area; (3) facilitates and improves public access, safety, and recreation; and (4) will not significantly alter beach bluff topography or appearance. Further, underneath the new stairs, concrete cut-off walls will extend into the ground and will help prevent erosion. And, replacement of the storm drain outlet, including installation of filter fabric and enhancements to existing rip rap, will aid slope stability and retard erosion. 4. Further, the project is consistent with the Coastal Shoreline Development Overlay Zone, an implementing ordinance of the Local Coastal Program, in that stairways for access from the top of a bluff to the beach are a permitted use in the overlay zone and project grading will be the minimum necessary to accomplish the project. 5. The requirement for a geotechnical report in Carlsbad Municipal Code Section 21.204.110 is not applicable to this project because the extension of the stairway and replacement of the storm drain outlet are not substantial improvements that could have an adverse effect on bluff stability, public safety, or property. 6. The project is exempt from a Hillside Development Permit per Carlsbad Municipal Code Section 21.95.040 in that it replaces the outlet of an underground utility system and occurs on a lot that has been previously graded. Further, the project complies with Section 21.95.120 and the city's hillside development and design guidelines in that it will disturb the bluff only as necessary to install an approximately eleven foot long section of new stairs and replace an existing storm drain outlet. The improvements will not significantly alter topography and earth excavated to enable storm drain replacement will be reconstructed, compacted, and replanted. 7. The project, including the temporary construction area, is not in a flood hazard area. 8. That the request for a minor coastal development permit was adequately noticed at least fifteen (15) working days before the date of this decision pursuant to Section 21.201.080(6) and (C) of the Carlsbad Coastal Development Regulations. CDP 11-01 - BEACH ACCESS REPAIR July 26, 2011 PAGE 3 9. The project is exempt from the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15301(c) - repair and maintenance of existing facilities including sidewalks, pedestrian trail and similar facilities involving negligible or no expansion and Section 15302(c) - replacement or reconstruction of existing utility systems and/or facilities on the same site involving negligible or no expansion of capacity. Conditions: 1. Approval is granted for a Minor Coastal Development Permit, Beach Access Repair - CDP 11-01, as shown on Exhibit(s) 1-3, dated June 27, 2011, incorporated by reference and on file in the Planning Division. Development shall occur substantially as shown on the approved exhibit(s). 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 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 the issuance of a Notice to Proceed or commencement of construction, whichever occurs first. 5. Prior to hauling dirt or construction materials to or from the project site, Developer shall apply for and obtain approval from the City Engineer for the proposed haul route. 6. Prior to the issuance of a notice to proceed or commencement of construction, 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 Planning Director, 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 Planning Director 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. CDP 11-01 - BEACH ACCESS REPAIR July 26, 2011 PAGE 4 7. This approval shall become null and void if a Notice to Proceed has not been issued or construction has not commenced within 24 months from the date of project approval. CITY OF CARLSBAD DAVID DE CORDOVA Principal Planner DD:SD:sm c: Don Neu, City Planner John Maashoff, Associate Engineer File Copy Data Entry