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HomeMy WebLinkAboutEIA 15-05; Carlsbad Boulevard Roadfill Failure; Administrative Permits (ADMIN)f,T,;·' f City of Carlsbad ( APPLICATIONS APPLIED FOR: (CHECK BOXES) LAND USE REVIEW APPLICATION P-1 "b evelopment Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Development Permits (FOR DEPT. USE ONLY) Legislative Permits (FOR DEPT. USE ONLY) a ax' 0 Coastal Development Permit(*) Minor w~ D General Plan Amendment D Conditional Use Permit(*) D Minor D Extension D Local Coastal Program Amendment (*) D Day Care (Large) D Master Plan D Amendment [!] Environmental Impact Assessment 'ElA (.$-07 D Specific Plan 0 Amendment D Zone Change (*) D Habitat Management Permit D Minor D Hillside Development Permit(*) D Minor D Nonconforming Construction Permit D Planned Development Permit D Minor D Residential D Non-Residential D Planning Commission Determination D Site Development Plan D Minor D Special Use Permit D Tentative Parcel Map .(Minor Subdivision) D Tentative Tract Map (Major Subdivision) D Variance D Minor D Zone Code Amendment South Carlsbad Coastal Review Area Permits D Review Permit D Administrative D Minor D Major Village Review Area Permits D Review Permit D Administrative D Minor D Major (*) = eligible for 25% discount NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION MUST BE SUBMITTED PRIOR TO 4:00P.M. ASSESSOR PARCEL NO(S).: ?o '-?L\e R.-o ... u.J o4 2 · CA ~~ ~ Q ~.D ~()g._'"}}-! or :J14 6" ~.Uc.t .uA~ C-ILEit::;;'C_ ~'12..t.c.::::.. e;;-Sdu71'-t vv LAt;.U ~;; PROJECT NAME: CA«-~B A.D E:>t~o' e VAAA R--oAbf"lt L £A tLueE BRIEF DESCRIPTION OF PROJECT: Tb STAA 1 L l ;tG; A SGcT?a~.<l oG=-RAAD£1 c:....L BRIEF LEGAL DESCRIPTION: LOCATION OF PROJECT: STREETADDRESS . . ON THE: (NORTH, SOUTH, EAST, WEST) SIDE OF ('Ae._).S£-AQ ~L\J..n L S~u(J.)I3cvvy (NAME OF STREET) BETWEEN tAR (NAME OF STREET) AND J..S LAy .»> wA-i (NAME OF STREED P-1 Paqe 1 of 6 Revised 04/15 OWNER NAME APPLICANT NAME (Print): 7-A }-,..1( OfLE=iW (Print): e cry oF CAf-L~BAD MAILING ADDRESS: 1&~.s-F A~PA -..f A ll E. MAILING ADDRESS: 1 1.?35 FA~-Pts'i.. Avt. . CITY, STATE, ZIP: CM...~BAPJ U qzc:<Ps CITY, STATE, ZIP: {'A 'eS 6A£l ~ Cfi 92 ~ > TELEPHONE: /[Lo-~oe-4t. 4 ~ TELEPHONE: '::::t~a , l.s?o'L~ 4L,otY EMAIL ADDRESS: EMAIL ADDRESS: ,.... ?~M, 6\r e~.ld0 ~c ~~~)cq_ I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL RE~ENTATIVE OF TH~WN INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY AND.,THAT ALL .. f:!E ABOVE INFORMATION IS TRUE AND COR CT KNOWLEDGE. I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS THEZ NOWLEDGE. SET FORTH HEREIN IS MY AUTHORIZED REPRESENTATIVE FOR PURPOSES OF THIS APPLICATION. ~ ?~62 /2-17-~ SIGNATURE . DATE SIGNATURE DATE APPLICANT'S REPRESENTATIVE (Print): MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL ADDRESS: I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE DATE IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. 1/WE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH . THE LAND AND BIND ANY SUCCESSORS IN INTEREST. PROPERTY OWNER SIGNATURE FOR CITY USE ONLY P-1 Page 2 of 6 RECEIVED DEC 1 7 Z015 CITY OF CARLSBAD PLANNING DIVISION DATE STAMP APPLICATION RECEIVED RECEIVED BY: I az Revised 04/15 f.Qo NOTICE OF EXEM~ ."ION To: SD County Clerk Attn: James Scott 1600 Pacific Highway, Suite 260 PO Box 121750 San Diego, CA 92101 From: [?0[b@@) Ernest .I Dronenhurg . .lr. Recorder Count) Clerk CITY OF CARLSBAD Planning Division BY 1635 Faraday Avenue Carlsbad, CA 92008 (760) 602-4600 DEC 2 2 2015 SH~ Subject: Filing of this Notice of Exemption is in compliance with Section 21152b of the Public Resources Code (California Environmental Quality Act). Project Number and Title: EIA 15-05-CARLSBAD BOULEVARD ROAD FILL REPAIRS Project location-Specific: Within the public r-o-w on the west side of southbound Carlsbad Boulevard just to the north of the Encinas Creek Bridge. Project location -City: =C=ar'-"ls=b=a=d'-------Project location -County: ~Sa=n-=-=D.:.::ie=g=o ____ _ Description of Project: Install structure(s) (i.e. riorap) to stabilize the roadway to prevent further undermining of southbound Carlsbad Boulevard (Hwy 101). Name of Public Agency Approving Project: .::::C.:.::it.L.y..:::o..:....f.::::C=ar'-"ls=b=a'-"d'----------------- Name of Person or Agency Carrying Out Project: Brandon Miles, Associate Engineer Name of Applicant: Pam Drew Associate Planner Applicant's Address: 1635 Faraday Avenue, Carlsbad, CA 92008 Applicant's Telephone Number: -'-'(7--=6=0-L..) =60=2=---'-4=64-'-4.:...._ __________________ _ Exempt Status: (Check One) 0 Ministerial (Section 21080(b)(1); 15268); 0 Declared Emergency (Section 21080(b)(3); 15269(a)); cgj Emergency Project (Section 21080(b)(4); 15269 (b)(c)); For repair and stabilization of a road fill failure caused by tidal surge wave action. 0 Categorical Exemption-State type and section number: _______________ _ 0 Statutory Exemptions-State code number: -------------------- 0 General rule (Section 15061(b)(3)) Reasons why project is exempt: For emergency repairs to Carlsbad Boulevard (Hwy 101) necessary to maintain the roadway and keep the public safe. lead Agency Contact Person: Brandon Miles, Associate Engineer Telephone: (760) 602-2745 Q 71., /Z--17-/.J:_ DON NEU, City Planner Date Date received for filing at OPR: Revised 05/13 State of California-Natural Resources Agency CALIFORNIA DEPARTMENT OF FISH ANu WILDLIFE 2015 ENVIRONMENTAL FILING FEE CASH RECEIPT SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEARLY LEAD AGENCY CITY OF CARLSBAD COUNTY/STATE AGENCY OF FILING COUNTY OF SAN DIEGO PROJECTTlTLE EIA 15-05 CARLSBAD BOULEVARD ROAD FILL REPAIRS PROJECT APPLICANT NAME CITY OF CARLSBAD PROJECT APPLICANT ADDRESS 1635 FARADAY AVE PROJECT APPLICANT (Check appropriate box): 1;81 Local Public Agency 0 School District CHECK APPLICABLE FEES: 0 Environmental Impact Report (EIR) 0 Negative Declaration (ND)(MND) CITY CARLSBAD 0 Other Special District 0 Application Fee Water Diversion (State Water Resources .Control Board Only) 0 Projects Subject to Certified Regulatory Programs (CRP) 1Zl County Administrative Fee 0 Project that is exempt from fees 0 Notice of Exemption 0 CDFW No Effect Determination (Form Attached) 0 Other------------------- PAYMENT METHOD: 0 Cash Ill Credit 0 Check 0 Other _____ _ SIGNATURE S.HU81;$~ X RECEIPT# SD2015 1178 STATE CLEARING HOUSE #(If applicable) STATE CA 0 State Agency DATE 12/22/2015 DOCUMENT NUMBER *20151178* PHONE NUMBER 760-602-4644 ZJPCODE 92008 0 Private Entity $3,069.75 $ -------- $2,210.00 $ -------- $850.00 $ -------- $1 ,043.75 $ -------- $50.00 $ _____ ..:_$_50_._00_ $ ______ _ TOTAL RECEIVED $ _____ ..:_$..:..$0_._00_ r-------· ---·-----~--·-----------.--, I I I I I 1_ __ . ORIGINAL-PROJECT APPLICANT COPY-CDFWIASB COPY-LEAD AGENCY ' City of Carlsbad ' DEC 2 2 20 15 Planning Division ' I ____ . ______________ _.] 1111111 IIIII IIIII 1111111111 IIIII IIIII 111111111 1111 COPY-COUNTY CLERK FG 753.5a (Rev. 11112) STATE OF CALIFORNIA-NATURAL RESOURCES AGENCY EDMUND G-BROWN, JR., GOVEIINOR CALIFORNIA COASTAL COMMISSION SAN DIEGO COAST DISTRICT OFFICE 7575 METROPOLITAN DRlVE, SUITE I 03 SAN DIEGO, CALIFORNIA92l08-4402 PrJ (Gl9) 767-2370 FAX (619) 767-2384 W\VW COASTAL CA GOV COASTAL DEVELOPMENT PERMIT EMERGENCY PERMIT APPLICANT: City of Carlsbad, Pat Thomas Issue Date: December 29,2015 Emergency Permit No. G~6-15~0049 1635 Faraday Avenue, Carlsbad, CA 92008 LOCATION OF EMERGENCY: Public beach on the west side of southbound Carlsbad Boulevard north of Encinas Creek, Carlsbad, San Diego County EMERGENCY WORK: Temporary placement of approximately 270 linear ft. of engineered riprap to the northem.end of existing revetment (ref. CDP #6-09-051 ), including the placement of 300 cu.yds. of quarter ton riprap and 1,500 cu.yds. of mixed 2-4 ton riprap, in response to El Nifio related storms during the 2015 winter/20 16 spring. Additionally, the temporary closure of the shoulder, bike lane, and number 2 travel lane of southbound Carlsbad Boulevard is also authorized until the emergency stabilization work has been completed. PERMIT RATIONALE: This letter constitutes approval of the emergency work you or your representative has requested to be done at the location listed above. I understand from your information that an unexpected occurrence in the form of erosion requires immediate action to prevent or mitigate loss or damage to life, health, property or essential public services pursuant to 14 Cal. Admin. Code Section 13009. Failures of the bluff and roadbed have put Carlsbad Boulevard in danger of undermining as a result of erosion from recent swell and high water levels. The Executive Director of the California Coastal . Commission hereby finds that: (a) An emergency exists that requires action more quicldy than permitted by the procedures for administrative or ordinary permits, and that the development can and will be completed within 3 0 days unless otherwise specified by the terms of this permit; (b) Public comment on the proposed emergency action has been reviewed if time allows; (c) As conditioned, the work proposed would be consistent with the requirements of the California Coastal Act of 1976. The emergency work is hereby approved, subject to the conditions listed on the attached pages. Sincerely, Charles Lester ~ecutiv;;Itor ~~~ vr ~A . ~lyu s'lisan Diego Deputy Director , ' i ~ ' I I l i ' ~ M i ~ ! ~ .I I n ! I J I ! I i I I ' ' ~ ~ I I Ji I ~ i I rt I I ' I I ! I I I I I i I I cc: City of Carlsbad Planning Department California State Lands Commission U.S. Army Corps of Engineers Enclosures: 1) Acceptance Form; 2) Regular Pennit Application Forn1 Page2 December 29, 2015 Emergency Permit No.: G-6-15-0049 I I ! I I I I I I --------· -----... STATE OF CALIFORNIA-THE NATURAL RESOURCES AGENOY EDMUND G. BROWN, JR., Governor CALIFORNIA COASTAL COMMISSION SAN DIEGO AREA 7575 METROPOLITAN DRIVE, SUITE 103 SAN DIEGO, OA 921 OB-4421 (619) 767-2370 EMER~ENCY PERMIT ACCEPTANCE FORM TO: CALIFORNIA COASTAL COMMISSION SAN DIEGO COAST AREA 7575 METROPOLITAN DRIVE, SUITE 103 SAN DIEGO, CA 92108-4402 (619) 767-2370 RE: Emergency Permit No. G-6-15-0049 INSTRUCTIONS: After reading the attached Emergency Permit, please sign this for.m · .. and return to the San Diego Coast Area Office within 15 working days from the permit's date. I hereby understand all of the conditions of the emergency permit being issued to me arid agree to abide by them. I also understand that a regular Coastal Permit is necessary to permanently authorize the emergency work. I agree to apply for a regular Coastal Permit within 6 months of the date of the emergency permit. ., .. . . . ' I~ ! ; .. ·. Page 5 December 29,2015 Emergency Permit No.: G-6-15-0049 conditioned accordingly. These conditions may include provisions for public access (such as an offer to dedicate and easement) and/or a requirement that a deed restriction be placed on the property assuming liability for damages incurred from storm waves. . . If you have any questions about the provisioning of this emergency permit, please call the Commission at the address and telephone number listed on the first page. . ... , .. 'C"••. I ~ I I I ! I ~ I ~ I I " ! CONDITIONS OF APPROVAL: Page3 December 29,2015 Emergency Permit No.: G-6-15-0049 1. The enclosed Emergency Permit Acceptance form must be signed by the PROPERTY OWNER and returned to our office within 15 days. 2. Only that work specifically described in this permit and for the specific property listed above is · authorized. Any additional work requires separate authorization from the Executive Director. 3. ·The work authorized by this permit is temporary and only authorized for a limited time period. All rock placed under this emergency permit action must be completely removed· by.Friday, May 20, 2016, the weekend before the Memorial Day holiday and start of the peak beach · season, unless the date is extended prior to May 20, 2016 by Commission action pursuant to. · Condition No. 4. Persistence of any temporary measure approved via this Emergency. Permit on the site past May 20, 2016, that is not authorized by the Commission, will constitute unpermitted development, and, therefore; a violation of the Coastal Act. Commission enforcement staff will consider appropriate action to address the persistence of any temporary measures past the deadline for re~oval. Such action may include assessment of monetary penalties under Coastal Act Section 30821 for violations of the public access provisions of the ·Coastal Act. 4. No rock placed pursuant to this emergency Coastal Development Permit may remain on the beach beyond May 20, 2016, unless authorized by a regular Coastal Development Permit (CDP) by the California Coastal Commission. The permittee may appiy for a regular coastal development permit to extend, on an interim basis, the time period authorized for retention of the rock, or portions thereof, until a long-term Hazards Management Plan is implemented. If the property ovyner applies for a CDP to keep the rock revetment, or any portion thereof, in place, such application shall include a new d8;te certain for removal, unless retention of rock in some form is authorized through a regular CDP pursuant to the long-term Hazards · Management Plan required pursuant to Special Condition 5. 5. Hazards Management Plan. Within six (6) months of the date of this emergency pennit, the permittee shall apply for a regular Coastal Development Permit to implement a long-term Hazards Management Plan for the Carlsbad Boulevard revetment that addresses current and future coastal hazards present at the site. The Hazards Management Plan shall incorporate measures to adapt to sea level rise over time and provide for the long term protection and provision of public improvements, coastal access, public opportunities for coastal recreation, and coastal resources including beach and shoreline habitat (measures may include but not be limited to phased implementation of beach nourishment, soft protection, managed retreat, focused or small-scale armoring, etc.) and a time line for implementation of that plan. 6. Any additional work requires separate authorization from the Executive Director. In exercising this permit, the permittee agrees to hold the California Coastal Commission harmless from any liabilities for damage to public or private propeliies or personal injury that may result from the project. Page4 December 29,2015 Emergency Permit No.: G-6-15-0049 7. The pmposed rock revetment shall extend no more than approximately 270 linear feet parallel to the shoreline, and the southern point shall start approximately 100 feet north ofthe Encinas Creek bridge, per plans submitted by the applicant on December 21, 2015. The proposed rock revetment shall be constructed to a l(h) to l.S(v) slope and no greater, and shall not extend further seaward than the existing revetment located directly south of the subject site as permitted through CDP #6-09-051. 8. Public Access. The rocks shall be placed as far landward as possible and the permittee shall to the maximum extent practicable, minimize the size of the revetment to maintain the largest portion of beach possible. To the extent possible, rocks shall be placed in a manner to allow pedestrian access over the rock revetment to the beach. 9. Methods for erosion control shall be maintained around the project site during construction. 10. Machinery, vehicles, and construction materials not essential for emergency work are prohibited at all times in beach areas. 11. Construction staging activities and equipment and materials storage areas shall not be located in vegetation areas, wetland areas or in any other environmentally sensitive habitat area. Use of public parldng areas for construction staging or materials storage shall be limited to the smallest area possible. The storage or stockpiling of soil, silt, other organic or earthen materials, or any materials and chemicals related to the construction, shall not occur where such materials/chemicals could pass into coastal waters. Refueling of construction equipment shall occur off-site or within a designated fueling area that can contain fueling-related spills. Any spills of construction equipment fluids or other hazardous materials shall be immediately contained on-site and disposed of in an environmentally safe manner as soon as possible. 12. The permittees shall be responsible for monitoring and maintaining the shoreline protective devices for as long as the reinforcement remains in place. The permittees, at a minimum, shall conduct inspections at least once a week. The inspections shall examine and measure the location of the rock to ensure the shoreline protective devices have not been dislodged. In the event that any shoreline protection devices are dislodged by high swells, the permittees shall retrieve and repair or replace the structures. 13. Public Rights. The approval of this permit shall not constitute a waiver of any public rights that exist or may exist on the property. The pennittee shall not use this permit as evidence of a waiver of any public rights that may exist on the property. 14. This permit does not obviate the need to obtain necessary authorizations and/or permits from other agencies, including but not limited to the Califotnia State Lands Commission, California Department ofFish and Wildlife, U.S. Fish and Wildlife, National Marine Fisheries Service, and/or the U.S. Army Corps of Engineers. As noted in Condition #3, the emergency work carried out under this permit is considered to be TEMPORARY work done in an emergency situation. If the property owner wishes to have the emergency work become a permanent development, a Coastal Permit must be obtained. A regular permit would be subject to all of the provisions of the California Coastal Act and may be """"""' =~=·~H~~•».~ &:m'J 1/(~IU'RIJI ~IUCO..,t-111 \ /lSi'rt.lDI.r.l<.'tlCm'l:e -