HomeMy WebLinkAboutRP 94-06; Carlsbad by the Sea; Redevelopment Permits (RP) (2)STATE OF CALIFORNIA—THE RESOURCES AGENCY PETE WILSON, Govrnor
CALIFORNIA COASTAL COMMISSION
5A.N DIEGO COAST AREA
3111 CAMINO DEL RIO NORTH. SUITE 200
SAN DIEGO, CA 92108-1725
(619) 521-8036
April 23, 1995
City of Carlsbad
Anne Hysong
2075 Las Palmas Drive
Carlsbaci, CA 92008-1576
Re: City of Carlsbad Local Coastal Program Amendment No. 1-96A/Carlsbad
Lutheran Homes
Dear Ms. Hysong:
On April 11, 1996, the California Coastal Commission approved the above-
described amendment request. In its action, the Commission approved the
Carlsbad Lutheran Homes Land Use Plan amendment as submitted. The amendment
consisted of a site-specific Land Use Plan amendment for the Village
Redevelopment Area to exempt Carlsbad by the Sea Lutheran Homes, a
professional care facility, from the requirement contained in the certified
LUP to provide visitor-serving commercial uses on the ground floor.
Since the LCP amendment was approved as submitted and there was no change in
the delegation of permit authority boundaries, no further action is necessary
on this item and itis effective. Thank you and the other staff members who
worked on this planning effort. We remain available to assist you, and the
City in any way possible to continue the successful implementation of the
local coastal program.
Sincerely,
Deborah N. Lee
Assistant .District Director
DNL:lo(1058A)
cc: Chuck Damm
Gary Wayne
STATE OF CALIFORNIA—THE RESOURCES AGENCY PETE WILSON, Governor
CALIFORNIA COASTAL COMMISSION
SAN DIEGO COAST AREA
3111 CAMINO DEL RIO NORTH, SUITE 200
SAN DIEGO, CA 92108-1725
(619) 521-8036
Date Mav 13. 1996
Application No,
Page 1 of 4.
6-96-30
NOTICE OF INTENT TQ ISSUE PERMIT
On Mav 7. 1996
application of
the attached standard and special conditions, for the development described
below:
, the California Coastal Commission approved the
California Lutheran Homes , subject to
Descri pti on Demolition of an existing residential care facility and
construction of a new facility which consists of, in part: a
31,750 sq.ft., 28-unit two-story structure over subterranean
parking on Parcel A; an 11,420 sq.ft., six-unit three-story
structure with underground parking garage on Parcel C; 9,800 cy
yards of cut and 2,000 cy. of fill grading on Parcel A and 500
cy. of cut and 1,200 cy. of fill grading on Parcel C; partial
street vacation of Christiansen Way; street improvements;
installation of landscaping and signage; and an offer to
dedicate a public lateral access easement.
Lot Area
Bui 1di ng Coverage
Pavement Coverage
Landscape Coverage
Unimproved Area
Parking Spaces
Zoni ng
Plan Designation
Ht abv fin grade
44,988 sq
20,026 sq
ft. (within Mello II area)
ft. (45%)
(227o)
(29%)
( 4%)
9,805 sq. ft.
13,357 sq. ft.
1,800 sq. ft.
69
R-3/BAOZ
RMH/RH
30' (Parcel A)
elevation); 3'9" (Parcel C/east elevation)
39' (ParcelC/west
Site: Two adjacent parcels on the east and west sides of Ocean Street,
between Christiansen Way to the north and Grand Avenue to the
south, at 2855 Carlsbad Boulevard, Carlsbad, San Diego County.
APNs 203-231-01 (partial), 203-235-05
The permit will be held in the San Diego District Office of the Commission,
pending fulfillment of Special Conditions 1,2.3.5.6 & 8 When these
conditions have been satisfied, the permit will be issued.
CHARLES DAMM
DISTRICT DIRECTOR
BY
NOTICE OF INTENT TO ISSUE^RMIT NO. 6-96-30
Page 2 of 4
STANDARD CONDITIONS:
1. Notice of Receipt and Acknowledgement. The permit is not valid and
development shall not commence until a copy of the permit, signed by the
permittee or authorized agent, acknowledging receipt of the permit and
acceptance of the terms and conditions, is returned to the Commission
offi ce.
2. Expi ration. If development has not commenced, the permit will expire two
years from the date on which the Commission voted on the application.
Development shall be pursued in a diligent manner and completed in a
reasonable period of time. Application for extension of the permit must
be made prior to the expiration date.
3. CompIiance. All development must occur in strict compliance with the
proposal as set forth below. Any deviation from the approved plans must
be reviewed and approved by the staff and may require Commission approval.
4. Interpretation. Any questions of intent or interpretation of any
condition will be resolved by the Executive Director or the Commission.
5. Inspections. The Commission staff shall be allowed to inspect the site
and the development during construction, subject to 24-hour advance notice
6. Assignment. The permit may be assigned to any qualified person, provided
assignee files with the Commission an affidavit accepting all terms and
conditions of the permit.
7. Terms and Conditions Run with the Land. These terms and conditions shall
be perpetual, and it is the intention of the Commission and the permittee
to bind all future owners and possessors of the subject property to the
terms and conditions.
SPECIAL CONDITIONS:
The permit is subject to the following conditions:
1. Assumption of Risk. Prior to the issuance of the coastal development
permit, the applicant [and landowner] shall execute and record a deed
restriction, in a form and content acceptable to the Executive Director, which
shall provide: (a) that the applicant understands that the site may be subject
to extraordinary hazard from wave action and the applicant assumes the
liability from such hazard (b) the applicant hereby unconditionally waives any
claim of liability against the Commission or its successors in interest and
agrees to indemnify and hold harmless the Commission, its officers, agents,
and employees relative to the Commission's approval of the project for any
damage. The document shall run with the land, binding all successors and
assigns, and shall be recorded free of prior liens.
NOTICE OF INTENT TO ISSuJ^RMIT NO. 6-96-30
Page 3 of 4
SPECIAL CONDITIONS, continued:
2. Lateral Public Access. As proposed by the applicant, prior to the
issuance of the coastal development permit, the landowner shall execute and
record a document in a form and content acceptable to the Executive Director,
irrevocably offering to dedicate to a public agency or private association
approved by the Executive Director an easement for lateral public access and
passive recreational use along the shoreline. The document shall provide that
the offer of dedication shall not be used or construed to allow anyone, prior
to acceptance of the offer, to interfere with any rights of public access
acquired through use which may exist on the property. Such easement shall be
located along the entire width of the property from the western property line
to the toe of the proposed foundation wal1/seawal1. The recorded document
shall include legal descriptions of both the applicant's entire parcel and the
easement area. The document shall be recorded free of prior liens and any
other encumbrances which the Executive Director determines may affect the
interest being conveyed. The offer shall run with the land in favor of the
People of the State of California, binding all successors and assignees, and
shall be irrevocable for a period of 21 years, such period running from the
date of recording.
3. State Lands Commission Review. Prior to the issuance of the coastal
development permit, the applicant shall obtain a written determination from
the State Lands Commission that:
a) No state lands are involved in the development; or
b) State lands are involved in the development, and all permits required
by the State Lands Commission have been obtained; or
c) State lands may be involved in the development, but pending a final
determination of state lands involvement, an agreement has been made by the
applicant with the State Lands Commission for the project to proceed without
prejudice to the determination.
4. Public Rights. By acceptance of this permit, the applicant
acknowledges, on behalf of him/herself and his/her successors in interest, •
that issuance of the permit shall not constitute a waiver of any public rights
which may exist on the property. The applicant shall also acknowledge that
issuance of the permit and construction of the permitted development shall not
be used or construed to interfere with any public prescriptive or public trust
rights that may exist on the property.
5. Foundation Wall/Seawall Design. Prior to the issuance of the coastal
development permit amendment, the applicant shall submit final plans for the
foundation wall/seawall for the proposed structure to the Executive Director
for review and written approval. The proposed foundation wall/seawall shall
be designed in substantial conformance with the geotechnical report by
Hetherington Engineering, Inc. dated 10/19/94 and constructed consistent with
the final plans approved by the Executive Director.
f
'1,
NOTICE OF INTENT TO ISSuJ^ERMIT NO. 6-96-30
Page 4 of _4_
SPECIAL CONDITIONS, continued:
6. Construction Access/Staging Area/Proiect Timing. Prior to the
issuance of the coastal development permit, the applicant shall submit plans
showing the locations, both on- and off-site, which will be used as staging
and storage.areas for materials and equipment during the construction phase of
this project. The staging/storage plan shall be subject to review and written
approval of the Executive Director. Use of sandy beach and public parking
areas, including on-street parking for the interim storage of materials and
equipment shall not be permitted. The plan shall also indicate that no work
may occur on sandy beach during the summer months (Memorial Day to Labor day)
of any year and that equipment used on the beach shall be removed from the
beach at the end of each work day.
7. Construction Materials. Disturbance to sand and intertidal areas
shall be minimized. Beach sand excavated shall be redeposited on the beach.
Local sand, cobbles or shoreline rocks shall not be used for back-fill or
construction material.
8. Disposal of Graded Spoils. Prior to the issuance of the coastal
development permit, the applicant shall identify the location for the disposal
of graded spoils. If the site is located within the coastal zone, a separate
coastal development permit or permit amendment shall first be obtained from
the California Coastal Commission or its successors in interest.
(6220N)
STATE OF CAUFORNIA—THE RESOURCES AGENCY PETE WILSON, Goyemor
CALIFORNIA COASTAL COMMISSION
SAN DIEGO COAST AREA
3111 CAMINO DEL RIO NORTH, SUITE 200
SAN DIEGO, CA 92108-1725
(619) 521-8036
Filed:
49th Day:
180th Day:
Staff:
Staff Report:
Hearing Date:
March 28, 1996
May 16. 1996
September 24, 1996
LRO-SD
April 12. 1996
May 8-10. 1996
STAFF REPORT: CONSENT CALENDAR
Application No.: 6-96-30
Applicant: California Lutheran Homes Agent:
Description
Site:
James Doyle, California
Lutheran Homes
Anthony Lawson. ADL Planning
& Associates
Demolition of an existing residential care facility and
construction of a new facility which consists of. in part: a
31,750 sq.ft., 28-unit two-story structure over subterranean
parking on Parcel A; an 11,420 sq.ft., six-unit three-story
structure with underground parking garage on Parcel C; 9,800 cy.
yards of cut and 2,000 cy. of fill grading on Parcel A and 500
cy. of cut and 1,200 cy. of fill grading on Parcel C; partial
street vacation of Christiansen Way; street improvements;
installation of landscaping and signage; and an offer to
dedicate a public lateral access easement.
Lot Area
BuiIding Coverage
Pavement Coverage
Landscape Coverage
Unimproved Area
Parking Spaces
Zoni ng
Plan Designation
Ht abv fin grade
44,988
20,026
9,805
13,357
1,800
69
R-3/BAOZ
RMH/RH
30' (Parcel
elevation);
sq.
sq.
sq.
sq.
sq.
Mello II area) ft. (within
ft. (45%)
ft. (22%)
ft. (29%)
ft. ( 4%)
A); 39' (ParcelC/west
3'9" (Parcel C/east elevation)
Two adjacent parcels on the east and west sides of Ocean Street,
between Christiansen Way to the north and Grand Avenue to the
south, at 2855 Carlsbad Boulevard, Carlsbad. San Diego County.
APNs 203-231-01 (partial), 203-235-05
STAFF RECOMMENDATION:
The staff recommends the Commission adopt the following resolution:
I• Approval with Conditions.
The Commission hereby grants a permit for the proposed development,
6-96|f
Page 2
subject to the conditions below, on the grounds that the development, as
conditioned, will be in conformity with the adopted Local Coastal Program, and
will not have any significant adverse impacts on the environment within the
meaning of the California Environmental Quality Act.
Substantive File Documents: Certified City of Carlsbad LCP - Mello II segment;
Geotechnical Report by Hetherington Engineering, Inc. - 10/18/94;
Geotechnical Report by Leighton and Associates - 6/30/94; Update to
geology report by Leighton and Associates, Inc. dated 4/4/96; Letter from
KPFF Consulting Engineers dated 4/4/96.
II. Standard Conditions.
See attached page.
III. Special Conditions.
The permit is subject to the following conditions:
1. Assumption of Risk. Prior to the issuance of the coastal development
permit, the applicant Cand landowner] shall execute and record a deed
restriction, in a form and content acceptable to the Executive Director, which
shall provide: (a) that the applicant understands that the site may be subject
to extraordinary hazard from wave action and the applicant assumes the
liability from such hazard (b) the applicant hereby unconditionally waives any
claim of liability against the Commission or its successors in interest and
agrees to indemnify and hold harmless the Commission, its officers, agents,
and employees relative to the Commission's approval of the project for any
damage. The document shall run with the land, binding all successors and
assigns, and shall be recorded free of prior liens.
2. Lateral Public Access. As proposed by the applicant, prior to the
issuance of the coastal development permit, the landowner shall execute and
record a document in a form and content acceptable to the Executive Director,
irrevocably offering to dedicate to a public agency or private association
approved by the Executive Director an easement for lateral public access and
passive recreational use along the shoreline. The document shall provide that
the offer of dedication shall not be used or construed to allow anyone, prior
to acceptance of the offer, to interfere with any rights of public access
acquired through use which may exist on the property. Such easement shall be
located along the entire width of the property from the western property line
to the toe of the proposed foundation wall/seawall. The recorded document
shall include legal descriptions of both the applicant's entire parcel and the
easement area. The document shall be recorded free of prior liens and any
other encumbrances which the Executive Director determines may affect the
interest being conveyed. The offer shall run with the land in favor of the
People of the State of California, binding all successors and assignees, and
shall be irrevocable for a period of 21 years, such period running from the
date of recording.
6-96-^
Page 3
3. State Lands Commission Review. Prior to the issuance of the coastal
development permit, the applicant shall obtain a written determination from
the State Lands Commission that:
a) No state lands are involved in the development; or
b) State lands are involved in the development, and all permits required
by the State Lands Commission have been obtained; or
c) State lands may be involved in the development, but pending a final
determination of state lands involvement, an agreement has been made by the
applicant with the State Lands Cominission for the project to proceed without
prejudice to the determination.
4. Public Rights. By acceptance of this permit, the applicant
acknowledges, on behalf of him/herself and his/her successors in interest,
that issuance of the permit shall not constitute a waiver of any public rights
which may exist on the property. The applicant shall also acknowledge that
issuance of the permit and construction of the permitted development shall not
be used or construed to interfere with any public prescriptive or public trust
rights that may exist on the property.
5. Foundation Wall/Seawall Design. Prior to the issuance of the coastal
development permit amendment, the applicant shall submit final plans for the
foundation wall/seawall for the proposed structure to the Executive Director
for review and written approval. The proposed foundation wall/seawall shall
be designed in substantial conformance with the geotechnical report by
Hetherington Engineering. Inc. dated 10/19/94 and constructed consistent with
the final plans approved by the Executive Director.
6. Construction Access/Staging Area/Project Timing. Prior to the
issuance of the coastal development permit, the applicant shall submit plans
showing the locations, both on- and off-site, which will be used as staging
and storage areas for materials and equipment during the construction phase of
this project. The staging/storage plan shall be subject to review and written
approval of the Executive Director. Use of sandy beach and public parking
areas, including on-street parking for the interim storage of materials and
equipment shall not be permitted. The plan shall also indicate that no work
may occur on sandy beach during the summer months (Memorial Day to Labor day)
of any year and that equipment used on the beach shall be removed from the
beach at the end of each work day.
7. Construction Materials. Disturbance to sand and intertidal areas
shall be minimized. Beach sand excavated shall be redeposited on the beach.
Local sand, cobbles or shoreline rocks shall not be used for back-fill or
construction material.
8. Disposal of Graded Spoils. Prior to the issuance of the coastal
development permit, the applicant shall identify the location for the disposal
of graded spoils. If the site is located within the coastal zone, a separate
coastal development permit or permit amendment shall first be obtained from
6-96-^
Page 4
the California Coastal Commission or its successors in interest.
IV. Findings and Declarations.
The Commission finds and declares as follows:
1. Detailed Project Description. The subject project represents a
portion of a larger project which is located on three separate parcels and
within two separate LCP segments of the City of Carlsbad's certified LCP. The
entire project generally consists of the demolition of an existing residential
care facility consisting of 102 living units and a 59-bed skilled nursing
facility and the intensification and expansion of the facility, without a
change in use. The three parcels are as follows: Parcel A (2.3 acres), is
located on the west side of Carlsbad Boulevard (Highway 101) and is bounded by
Christiansen Way to the north. Grand Avenue to the south and Ocean Street to
the west. Parcel 8 (.9 acres), is one lot located across Grand Avenue to the
south from Parcel A. situated on the west side of Carlsbad Boulevard, and is
bounded by Garfield Street to the southwest. Parcel C (12.600 sq.ft.)
consists of an oceanfront blufftop parcel located on the west side of Ocean
Street. (Reference Exhibit No. 3). Parcels A and B are both fully developed
while Parcel C is vacant. All of Parcel B and the majority (approximately the
eastern two-thirds) of Parcel A is within the Village Redevelopment segment of
the LCP which is subject to the City of Carlsbad's permit jurisdiction. All
of Parcel C and that portion of Parcel A which is west of Garfield Street,
however, is within the Mello II LCP segment of the City of Carlsbad's
certified LCP where the Commission retains permit jurisdiction. Only the
development on the portions of the site contained within the Mello II LCP
segment are subject to this permit.
For reference purposes, the entire project (both within Mello II and outside
Mello II) will consist of construction of a 264,394 sq.ft. structure on Parcel
A, a 94,339 sq.ft. structure on Parcel B and a 13,967 sq.ft. structure on
Parcel C. The total number of living units proposed is 157 plus two visitor
units and a 33-bed skilled nursing facility. A total of 3,200 sq.ft. of
retail use is also proposed on the ground floor of the proposed structure on
Parcel B. Other improvements include partial vacation of Christiansen Way,
street improvements, and installation of landscaping and signage. Ancillary
improvements within the new facility will consist of a community/multi-purpose
room, beauty shop, activity rooms, therapy pool and spa, roof garden and beach
observation deck.
Those portions of the project subject to this permit include that portion of
the proposed two-story structure over subterranean parking on Parcel A which
totals to 31,750 sq.ft and construction of a three-story, 11,420 sq.ft.
structure with underground parking garage (six spaces) on Parcel C. A total
of 34 living units are proposed within the Mello II area. The amount of
grading proposed on Parcel A within the Mello II area in association with the
construction of the subterranean parking garage totals to 9,800 cy. yards of
cut and 2,000 cy. of fill. For Parcel C, 500 cy. of cut and 1,200 cy. of fill
grading is proposed. Of the 1.200 cy. of fill, approx. 700 cy. will be
imported from Parcel A as a result of the grading occurring on that site. As
6-96-0
Page 5
the disposal site for the graded spoils has yet to be identified. Special
Condition No. 8 has been attached which advises the applicant that if the
disposal site is within the coastal zone, a separate coastal development
permit will be required. A total of 69 parking spaces are being proposed on
Parcels A and B within the subject LCP area. The applicant also proposes to
partially vacate a portion of Christiansen Way between Carlsbad Boulevard and
Ocean Street.
In addition, the applicant is also proposing an offer to dedicate a lateral
public access easement in association with the proposed development. The
easement will be over the sandy beach area on the subject property which is
seaward of the foundation wall/seawall to the western property line.
2. Geologic Hazards/Shoreline Protection. One of the parcels, Parcel C,
is an ocean blufftop lot. The Commission has traditionally been concerned
that new development should minimize risks to life and property and should not
necessitate the need for shoreline protective devices, which often alter
natural landforms and encroach onto sandy beach areas. In reliance upon
Coastal Act Sections 30235 and 30253, the Certified Carlsbad LCP Mello II
segment contains the Coastal Development overlay zone which includes a policy
addressing the "stringline" of development as it relates to geologic stability
and visual resource protection. In addition, applicable policies of the
certified Mello II LCP also include the following:
"Policy 4-1 Coastal Erosion
(a) Development Along Shoreline
For all new development along the shoreline, including additions to
existing development, a site-specific geologic investigation and analysis .
similar that required by the Coastal Commission's Geologic Stability and
Blufftop Guidelines shall be required; for permitted development, this
report must demonstrate bluff stability for 75 years, or the expected
lifetime of the structure, whichever is greater...
[...]
c) Shoreline Structures
Revetments,...seawalls...and other such construction that alters natural
shoreline processes shall be permitted when required to serve coastal-
dependent uses or to protect existing structures or public beaches in
danger from erosion, and when designed to eliminate or mitigate adverse
impacts on local shoreline sand supply..."
A geologic report prepared for the project site indicates that the site is
geologically stable to support the proposed development and that there is no
evidence of bluff failure or faults on the subject property. The site
elevations range from seven feet MSL at its west elevation, to 44 feet MSL at
its eastern elevation. Parcel C is vacant and the proposed development
represents infill between two developed parcels. The proposed development
6-96-0
Page 6
within the building consists of enclosed living area and will contain six
living units in association with the professional care facility. Although no
separate shoreline protection seaward of the proposed structure is proposed or
warranted, the proposed structure on the subject oceanfront lot has been
designed such that its foundation wall (seven feet high) will serve as a
seawall to provide the necessary protection from wave action during high tide
and severe storms. As noted by the project engineer, provided the western
portion of the building foundation wall is designed in accordance with the
geotechnical report, the proposed development is expected to be reasonably
safe from geotechnical concerns over the economic lifetime of the structure
(i.e., 75 years). In addition, a second project engineer has further
indicated that the seawal1/foundation wall will utilize generally accepted
engineering standards to provide structural integrity and stability, with
respect to corrosion and deterioration of the concrete, for the proposed
design life of 75 years. Special Condition No. 5 has been attached which
requires submittal of final plans for the proposed foundation wall/seawall and
that said wall shall be constructed in substantial conformance with the
geotechnical report for the project.
As part of the project design, also proposed is a 20-foot high retaining wall
at the east side of the first/second levels (17.67 ft. and 27.56 ft. MSL,
respectively) of the proposed structure which is proposed to be terraced down
the coastal bluff. (Reference Exhibit No. 4). The proposed structure will
not encroach further seaward than the existing structures on the lots to the
immediate north and south of the subject site. Both structures on the lots to
the north and south contain existing vertical seawalls seaward of the
buildings. In the subject proposal, the proposed structure will be within the
stringline of development (i.e., the existing residential structures, not the
seawalls) of the lots to the north and south, and no separate shoreline
protection is proposed seaward of the structure.
As such, the proposal can be found consistent with the Coastal Development
Bluff .Overlay stringline regulations contained in the certified LCP for the
area. However, due to the inherent risk of development on the site from the
hazards of ocean waves and flooding, and the Commission's mandate to minimize
risks (Section 30253), the Commission's standard waiver of liability condition
has been attached as Special Condition No. 1. Pursuant to Section 13166(a)(1)
of the Commission's California Code of Regulations, an application may be
filed to remove Special Condition No. 1 from this permit if the applicant
presents newly discovered material information regarding the existence of any
hazardous condition which was the basis for the condition, if he could not
with reasonable diligence have discovered and produced such information before
the permit was granted. Therefore, as conditioned, the Commission finds the
proposed development consistent with Section 30253 of the Act.
3. Public Access/Parking. Section 30211 of the Coastal Act states:
Development shall not interfere with the public's right of access to
the sea where acquired through use or legislative authorization,
including, but not limited to, the use of dry sandy and rocky coastal
beaches to the first line of terrestrial vegetation.
6-96-0
Page 7
In addition. Section 30212 of the Act states, in part:
(a) Public access from the nearest public roadway to the shoreline
and along the coast shall be provided in new development projects except
where:
(1) it is inconsistent with public safety, military security
needs, or the protection of fragile coastal resources,
(2) adequate access exists nearby
Also, Section 30604(c) of the Act requires that a specific access finding be
made for any project located between the first coastal roadway and the sea.
The project site is located between the ocean and the first coastal roadway
(Ocean Street). With regard to existing public access in the area, public
vertical access to the beach is available one lot to the south of the site at
an improved public beach access stairway at the foot of Grand Avenue and also
one lot to the north at another beach accessway. There are numerous beach
accessways along the west side of Ocean Street. In addition, public access is
available at Carlsbad State Beach two blocks to the south of the site.
The beach area seaward of the subject property is characterized by a sandy
cobble beach. Presently, there is no access across the subject site due
mostly to the fact that it consists of steep terrain and is also fenced off.
There is evidence of historic public use of the sandy beach area seaward of
the bluff face; thus, potential prescriptive rights to public access may
exist. Additionally, this area may be subject to the public trust. However,
although the proposed development presents lateral access issues, the
Commission is not evaluating these for purposes of requiring access since the
applicant has proposed to offer to dedicate that portion of the property
seaward of the proposed foundation wall/seawall for public use. Because thi
Commission is relying on the applicant's offer in lieu of making a detailed
evaluation. Special Condition No. 2 has been attached for an offer to dedicate
a lateral access easement. With this condition, it can be assured the
applicant's proposal is carried out and that the sandy beach area on the
subject property seaward of the proposed foundation wall/seawall will be
preserved for public access.
Special Condition No. 3 requires the submittal of documentation from the State
Lands Commission that either no state lands are involved with the project or
that the development on state lands that are involved has either been
authorized or may proceed without prejudice to a final agreement to use such
lands. Special Condition No. 4 serves to recognize that the public may have
le
ng storage
implementation. The plan shall be designed so that construction acitivites
which would adversely affect public access to and enjoyment of the beach are
avoided between Memorial Day and Labor Day. In addition. Special Condition
No. 7 advises the applicant that during construction, disturbance to sand and
6-96-3vf
Page 8
intertidal areas be minimized and that any beach sand excavated be redeposited
on the beach and that local sand or cobbles may not be used as backfill or
construction material for the project.
With regard to parking, for that portion of the project subject to this
permit, a total of 69 parking spaces are being provided in the subterranean
parking garage both on Parcels A and C which is more than adequate to serve
the proposed 34 living units subject to the permit which would require 15
spaces. As part of the overall project, both within Mello II and the Carlsbad
Village Redevelopment Area, the applicant is constructing a 233-space
subterranean parking garage. The parking required for the entire professional
care facility is 132 parking spaces (.45 space per bed/living units). In
addition, a total of 11 spaces (1 space per each 300 sq.ft. of gross floor
area) are required for the proposed 3,200 sq.ft. of retail use on Parcel B.
As such, there will be more than sufficient parking for the proposed facility
within the proposed parking garage. In addition, the applicant is proposing
to partially vacate Christiansen Way from a width of 80 feet to 40 feet in
order to provide for access into the subterranean parking garage from the
south side of the street just east of Ocean Street. Presently, there are 38
unstriped on-street parking spaces available within this right-of-way. The
applicant proposes to formally stripe perpendicular spaces along the north and
south sides of the right-of-way to recapture 24 spaces.
Of initial concern was how the proposed street vacation may affect public
access opportunities since there is very little in the way of formal public
parking in this nearshore area. The closest public parking lot west of
Carlsbad Boulevard in the immediate vicinity of the project is at the southern
terminus of Oak Avenue, which is approx. two blocks south of the subject
site. That parking lot is a state-owned lot with approx. 50 parking spaces.
Along Ocean Street, the first public road, due to numerous curb cuts for
access to parking garages for residential structures on the west side of the
street, there is limited on-street parking. In addition, there is limited
parking on the surrounding streets in the area. To address this concern, the
applicant has proposed several street improvements, including improving the
right-of-way of Garfield Street north of Christiansen Way such that 51
perpendicular parking spaces will be provided. Presently, this unimproved
right-of-way can accommodate approx. 30 vehicles. By improving the
right-of-way and striping spaces, more parking will be provided at this
location. In addition, the south side of Grand Avenue between Carlsbad
Boulevard and Garfield Street will be re-striped to increase the amount of
street parking from 10 spaces to 18.
As part of the review process through the City of Carlsbad, a parking survey
was conducted which included documenting the number of public parking spaces
on the streets surrounding the subject site. According to the City, taking
into consideration the proposed street improvements and partial street
vacation, proposed as part of the subject project (reconfiguration of parking,
re-striping or improving areas that presently only have unimproved parking,
etc.). there will be no net loss in public parking along the public
rights-of-way in this nearshore area. According to the parking table included
with the project, the existing public parking in the area is presently 130
6-96-0
Page 9
spaces. After project completion, the total number of public parking spaces
will be 132. In addition, it should be noted that presently, the employees of
the subject primary care facility park on the surrounding public streets,
which potentially usurps parking available for beach visitors. Through
provision of the proposed subterranean parking garage, there will be more than
ample parking to serve the needs of the residents, visitors and employees of
the proposed facility alike which should free up street parking for beach
users, etc. As such, the proposed project will not adversely affect parking
for public access in the area. Therefore, the project, as conditioned, is
found to be consistent with all applicable public access and recreation
policies of the Coastal Act as well as the certified LCP for the area.
4. Visual Resources. Section 30251 of the Act calls for the protection
of public views to and along the ocean and provides that new development be
compatible with the character of the surrounding area. The certified Mello II
LCP also contains a policy, as earlier noted, which essentially states that
new development on the seaward side of Ocean Street shall observe a setback
based on a "stringline" method, in part for visual resource protection
purposes. The proposed structure on Parcel C will be visible from the
adjacent beach and represents infill between existing developed oceanfront
parcels. Many of the oceanfront residences in the area have decks, patios,
and other structures which extend seaward of the principal residential
structure. The adjacent developments to the immediate north and south of the
proposed development consist largely of multi-unit residential structures with
balconies or decks at the upper levels of the structure. In the subject
proposal, the only accessory improvements proposed seaward of the structure
are exterior balconies which will be located several feet above grade, as
opposed to being located at beach elevation.
In addition, there will be no significant adverse impacts on views to and
along the coast as a result of this project. The structure on parcel A will
attain a height of 30 feet. The proposed structure on parcel C will vary in
height and has been sensitively designed to preserve public views to the ocean
by terracing the development down the blufftop lot. From its western
elevation, it will appear as a three-story, 39-foot high structure, which is
similar in height to the two multi-family structures on the lots immediately
to the north and south of the subject site. From its eastern elevation (Ocean
Street), the first public road, the structure will only be 3-foot, nine-inch
high above street elevation with rooftop viewing and an ocean scenic
overlook. A small elevator/storage building (15' wide X 18 1/2' high) and
restroom building (same size) will be located on the rooftop along with a
15-foot high wood trellis on stucco columns. A pedestrian ramp and a set of
stairs will provide access to the rooftop from Ocean Street. While the scenic
overlook is proposed for the residents of the subject project, nevertheless,
existing public views across the building to the ocean from the public road
wi11 be preserved.
The proposed development on Parcel C will be located in a well-developed
single- and multi-family residential neighborhood while the existing character
of the surrounding properties near Parcel A is related to tourist and highway
commercial activities. Surrounding uses include retail establishments.
6-96-W
Page 10
restaurants, a church, hotel, and the Army/Navy Academy. Carlsbad Boulevard
(Highway 101) serves as the main thoroughfare for the Carlsbad Village area
and most of the development along this major coastal access route consists of
visitor-serving commercial uses. The continued use of the site as a
professional care facility has been permitted to be grandfathered by the City
as part of the Local Coastal Program amendment to the Village Redevelopment
segment of the City's LCP which was approved in April. The proposed
development on both parcels will be compatible in design and height to other
development in the area, and will be generally consistent with the existing
surrounding development. The applicant is also proposing to visually enhance
the surrounding area through a variety of street improvements which will
include the provision of public sidewalks on the west and east sides of Ocean
Street between Christiansen Way and Grand Avenue and on the north and south
sides of Christiansen Way between Carlsbad Boulevard and Ocean Street, and a
10-foot wide pedestrian promenade on the north side of Grand Avenue from
Carlsbad Boulevard to Ocean Street. The promenade will lead directly to a set
of public beach access stairs that exist at the western terminus of Grand
Avenue.
In addition, the applicant is proposing to landscape 29% of the lot area for
both parcels A and C, which will primarily consist of a variety of shrubs and
trees on Parcel A and planter boxes/garden on the rooftop of the structure on
Parcel C. Also, numerous street trees are proposed to be installed along the
east and west sides of Garfield Avenue north of Christiansen Way, along the
north side of Christiansen Way between Garfield Avenue and Ocean Street, and
on the east and west sides of Ocean Street between Grand Avenue and
Christiansen Way. With regard to signage, the applicant is proposing to
install a total of three pylon signs approx. 2-feet wide by 6-feet high plus
one wall sign for identification purposes. In summary, the Commission finds
that the proposed project can be found consistent with Section 30251 of the
Act and the certified LCP.
5. Local Coastal Program. Section 30519.1(C) requires that a permit for
a project within the Mello I or Mello II segment planning areas of the City of
Carlsbad shall be approved only if the Commission finds that it is consistent
with the certified Local Coastal Program for the area. In this case, such a
finding can be made.
Although the Commission approved both the Land Use Plan for the Mello II LCP
and the zoning regulations (implementing ordinances), there still remains
unresolved issues. As such, the City has declined to implement the certified
LCP. It is expected that several amendment requests will be forthcoming to
address inconsistencies between the LCP and General Plan; however, effective
certification is not anticipated in the immediate future. Therefore, the LCP
is the standard of review for the areas subject to Mello II, but the
Commission is still responsible for issuing coastal development permits for
this area.
As stated above, the Mello II segment LUP contains specific policies relative
to development along the shoreline. Essentially, those policies provide in
part, that for shoreline development, a geology report must demonstrate bluff
6-96-3ti^
Page 11
stability for 75 years and that development along the seaward side of Ocean
Street shall be setback based on a "stringline" method of measurement. These
policies address coastal erosion and preservation of visual resources along
the coastline.
As noted previously, the project reflects a continuing use and the
grandfathering of the professional care facility on the subject site. The
site is located in two LCP areas—Mello II and the Carlsbad Village
Redevelopment Area, the latter of which carries a requirement that the area be
reserved for visitor-serving commercial uses. The site has not been committed
to visitor-serving commercial use. In this particular case, the site has a
historical presence and the City has sought to exclude this site from the
requirement to provide visitor-serving commercial uses (within the Carlsbad
Village Redevelopment Area) in any redevelopment proposal. The Commission
approved an amendment to the City's Village Redevelopment LCP segment which
essentially consisted of a new LUP for the Village Redevvelopment area, at its
April 1996 meeting. At that same meeting, the Commission also approved an
amendment to exempt the subject facility, also known as Carlsbad Lutheran
Homes, from the requirement to provide visitor-serving commercial uses on the
ground floor. Therefore, the Commission finds that the subject proposal, as
conditioned, is consistent with the policies of the certified City of Carlsbad
Mello II segment LCP.
6. Consistency with the California Environmental Oualitv Act (CEQA).
Section 13096 of the Commission's Code of Regulations requires Commission
approval of coastal development permits to be supported by a finding showing
the permit, as conditioned, to be consistent with any applicable requirements
of the California Environmental Quality Act (CEQA). Section 21080.5(d)(2)(i)
of CEQA prohibits a proposed development from being approved if there are
feasible alternatives or feasible mitigation measures available which would
substantially lessen any significant adverse impact which the activity may
have on the environment.
The proposed project has been conditioned in order to be found consistent with
the public access policies of the Coastal Act. Mitigation measures, including
conditions addressing the applicant's offer to dedicate a lateral access
easement, construction techniques consistent with the geotechnical report,
timing of construction/access corridors/staging areas, public rights and State
Lands Commission review will minimize all adverse environmental impacts. As
conditioned, there are no feasible alternatives or feasible mitigation
measures available which would substantially lessen any significant adverse
impact which the activity may have on the environment. Therefore, the
Commission finds that the proposed project is the least environmentally-
damaging feasible alternative and can be found consistent with the
requirements of the Coastal Act to conform to CEQA.
STANDARD CONDITIONS:
1. Notice of Receipt and Acknowledgement. The permit is not valid and
development shall not commence until a copy of the permit, sighed by the
permittee or authorized agent, acknowledging receipt of the permit and
6-96-9
Page 12
acceptance of the terms and conditions, is returned to the Commission
office.
2. Expiration. If development has not commenced, the permit will expire two
years from the date on which the Commission voted on the application.
Development shall be pursued in a diligent manner and completed in a
reasonable period of time. Application for extension of the permit must
be made prior to the expiration date.
3. CompIiance. All development must occur in strict compliance with the
proposal as set forth below. Any deviation from the approved plans must
be reviewed and approved by the staff and may require Commission approval.
4. Interpretation. Any questions of intent or interpretation of any
condition will be resolved by the Executive Director or the Commission.
5. Inspections. The Commission staff shall be allowed to inspect the site
and the development during construction, subject to 24-hour advance notice
6. Assignment. The permit may be assigned to any qualified person, provided
assignee files with the Commission an affidavit accepting all terms and
conditions of the permit.
7. Terms and Conditions Run with the Land. These terms and conditions shall
be perpetual, and it is the intention of the Commission and the permittee
to bind all future owners and possessors of the subject property to the
terms and conditions.
(6030R)
EXHIBIT NO. I
California Coastal Commission
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CARLSBAD BY THE SEA
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APPLICAJIO
California coastal Commission
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EXHIBIT NO. ^
APPLIGATIO
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STATE OF CALIFORNIA—THE RESOURCES AGENCY PETE WILSON, Governor
June 7, CALiFORNIA COASTAL COMMISSION
SAN DIEGO COAST AREA
3111 CAMINO DEL RIO NORTH, SUITE 200
SAN DIEGO, CA 92108-1725
(619) 521-8036
Ann Hysong
City of Carlsbad
2075 Las Palmas
Carlsbad, CA 92008
Re: Draft Mitigated Negative Declaration for the "Carlsbad by the Sea" Project
Dear Ms. Hysong,
Thank you for the opportunity to comment on the above. Staff has reviewed the
subject document and has the following comments.
General Comments/Vi1lage Redevelopment Area
Regarding the main element of the project on Parcel 1, the "Village Design
Manual" of the certified Village Redevelopment Local Coastal Program (LCP)
requires in Subarea 5 that the entire ground floor of all projects must be
devoted to visitor commercial uses, and that mixed use projects which do not
meet this criteria require approval by the Coastal Commission or the Executive
Director as a major or minor amendment to the Local Coastal Program. In
either instance, an amendment must be submitted to and approved by the Coastal
Commission before it is effective. The above document finds the proposed
project would not be subject to the above provision because the proposed
intensification of the existing non-conforming commercial use does not
constitute a "change in use" that would trigger a Local Coastal Program
Amendment (LCPA). However, staff's position is that while not a change in
use, the project represents "new development" because of the structures' total
demolition and subsequent intensification of the professional care facility.
Therefore, since the redevelopment does not provide a visitor commercial use
on the ground floor, staff believes the project should be subject to the LCP
amendment requirement. The continuance of non-conforming uses through
redevelopment is directly contrary to the planning goals of the certified
LCP.
Section 30221 of the Coastal Act provides that oceanfront lands suitable for
recreational use shall be protected unless both present and foreseeable future
demands for public or commercial recreational activities is already adequately
provided for in the area. Section 30222 provides that private lands suitable
for visitor-serving commercial facilities designed to enhance public access
opportunities for coastal recreation shall have priority over other land uses
except coastal dependent and agricultural land uses. How can the proposed
intensification and redevelopment of an existing non-visitor-serving use on
this site be found consistent with the certified LCP and the above Coastal Act
sections? Section 30221 states that if adequate commercial recreational
activities to meet current and future demands are provided in the area, other
lower priority land uses can be allowed. Thus, staff believes the amendment
must address this issue and document both the present kinds and extent of
visitor commercial uses in the planning area and provide the necessary
assurances and rationale that adequate land has been reserved to
Ann Hysong
June 7, 1995
Page 2
meet foreseeable future demands for visitor commercial uses. As a LCPA filing
requirement, the amendment would need to document the nature and amount of
visitor-serving uses in the immediate vicinity, as well as those within
Subarea 5 and the Village Redevelopment Area in particular. Depending on the
scope of any prospective LCP amendment, it might be necessary to present such
documentation on Carlsbad's coastal zone in general.
The document indicates a height variance (36.5 feet) will be given above the
certified Village Redevelopment Area LCP standard of 35 feet as mitigation for
demolishing a locally significant historic structure on Parcel 1. The
document also states that the intent of the Village Design Manual is "to
provide general design guidelines and regulations rather than strict [height]
standards". However, the manual states that the maximum height for new
buildings within the village area shall not exceed 35 feet, unless a
development disposition agreement is approved by the Housing and Redevelopment
Commission. It must be demonstrated that the proposed height variance is
consistent with the above LCP provision.
Mello II
The proposed Parcel 2 residential structure, located west of Ocean Street on
the coastal bluff, also requires a height variance (proposing 39' high on the
coastal bluff with an LCP-specified 35' height limit). The document justifies
the variance stating an existing view corridor will be retained, the structure
will be consistent with "stringline" structural setbacks, and will be the same
height or lower than existing structures to the north and south. However, the
certified Mello II Local Coastal Program (LCP) does not provide for variances;
thus, it must be demonstrated how the project can be found consistent with the
LCP.
This 12,500 sq. ft. parcel overlooks the beach, is residentially undeveloped
and is used as a private viewing area of the professional care facility.
Development on the parcel includes a concrete stairway, benches and fencing.
The certified Mello II segment contains a Coastal Shoreline Development
Overlay Zone (C-D) which identifies access requirements on sites containing
historic public use, including siting development in a way that does not
interfere with existing public use or providing an area of equivalent public
access in the immediate vicinity of the site which will accommodate the same
type and intensity of use as may have existed. The document should address
how the above LCP provision would be applied to the proposed development of
Parcel 2.
The ordinances of the C-D contain detailed regulations regarding the
construction of revetments, seawalls, cliff-retaining walls, and other similar
shoreline structures. The ordinances allow for the construction of such
structures only when they are required to serve coastal dependent uses or to
protect existing structures or public beaches in danger from erosion, and when
designed to eliminate or mitigate adverse impacts on local sand supply. The
document notes the coastal bluff proposed for development on Parcel 2 is
heavily impacted by erosion due to wave action, and the bluff would be
supported by a 20' high retaining wall constructed beneath the structure
Ann Hysong
June 7, 1995
Page 3
thereby protecting it from further erosion. The document also notes that
although no seawall is proposed, a 7' high foundation wall will provide the
necessary protection from wave action during high tides and severe storms.
The foundation wall appears to function as a seawall which as noted above can
only be approved to protect existing development, not new development as
proposed. To comply with this LCP requirement, new development must be sited
and designed to not require shoreline protection. The Commission has found
seawalls cause adverse impacts to shoreline processes and public access. In
siting new development without the need for shoreline protection, existing
site conditions must be identified and a geotechnical evaluation/wave runup
analysis performed. The document must address this issue, and must also
address what alternatives to the proposed foundation wall/shoreline protective
work were examined.
The C-D ordinance also states that as a condition of approval, permitted
shoreline structures may be required to replenish the beach with imported
sand, and further, permitted shoreline structures shall be required to provide
public access. The above document is silent on the project's need to provide
lateral access along the beach.
The project proposes the half street vacation of Christiansen Way, resulting
in the elimination of 38 existing parallel parking spaces which the public has
used to park near the beach. To offset this adverse impact to public access,
the document states a small net increase in public parking will be provided in
the immediate vicinity of the project through the improvement of the Garfield
Street unimproved right-of-way and the addition of diagonal parking on the
south side of Grand Avenue (the narrowing of traffic lanes on Grand Avenue is
proposed to allow for diagonal parking and a 10 foot wide promenade to the
beach). However, Garfield Street is an existing unimproved parking reservoir,
and, as such, the document should establish why it should be accepted as
bonafide replacement parking.
I apologize for this late response. We also realize that the scope of our
comments goes beyond specific environmental issues but wished to provide a
broader explanation of coastal concerns. We would like to coordinate with the
City in determining the most appropriate action on the project site. If you
have any questions, please contact me at the above number.
Sincerely
Bill Ponder
Coastal Planner
BP:bp(0236A)
cc: Tony Lawson