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HomeMy WebLinkAboutCDP 2020-0045; CITY OF CARLSBAD LIFEGUARD TOWER; Admin Decision LetterJanuary 15, 2021 Kevin Lynds, Battalion Chief City of Carlsbad 2560 Orion Way Carlsbad, CA 92010 MINOR COASTAL DEVELOPMENT PERMIT NOTICE OF DECISION Ccityof Carlsbad El FILE COPY 11'1~-,le/ I /z-z/t.J RE: CDP 2020-0045 (PUB2020-0020)-CITY OF CARLSBAD LIFEGUARD TOWER The city has completed a review of the application for a Minor Coastal Development Permit to install one temporary lifeguard tower located on the sand, on the northerly portion of North Beach and north of the public access stairs at the junction of Rue Des Chateaux and Ocean Street. Together with the .addition of this fourth lifeguard tower, the city's lifeguard service will extend from approximately Oak Avenue north to the northern city limits. This is an approximately ¾ mile long section of beach referred to as North Beach. The amount of people on North Beach near the northern city limit has been increasing over time and has justified a need for a fourth lifeguard tower to maintain a safe level of service. The temporary lifeguard tower will be staffed by lifeguards between March and October. The lifeguard tower will be removed from the location seasonally. Furthermore, no utilities will need to be supplied to the tower locations and any waste created by the use will be removed daily by staff. It is the City Planner's determination that the project CDP 2020-0045 (PUB2020-0020), is consistent with the city's applicable Coastal Development Regulations (Chapters 21.201 -21.205) and with all other applicable city ordinances and policies. The City Planner, therefore, APPROVES this request based upon the following: 1. That the total cost of the proposed development is less than $60,000. 2. That the proposed development requires no discretionary approvals other than a Minor Coastal Development Permit. 3. That the development is in conformity with the public access and public recreation policies of Chapter 3 of the Coastal Act, in that the temporary lifeguard tower will not restrict public access and recreational opportunities as the tower will be located to the northwest of the Rue Des Chateaux and Ocean Street public access point. Furthermore, the lifeguard tower is consistent with public safety needs and the need to protect the public. 4. The proposed development will have no adverse effect on coastal resources, in that the temporary lifeguard tower will only be located on the beach seasonally and then removed. There will not be any utilities needed to supply the tower and any waste created by the lifeguard tower will be removed daily. Community Development Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-4600 I 760-602-8560 f I www.carlsbadca.gov CDP 2020-0020 (PUB2020-0020) -CITY OF CARLSBAD LIFEGUARD TOWER January 15, 2021 Pa e 2 5. That the proposed development is in conformance with the Certified Local Co_astal Program and all applicable policies in that the temporary lifeguard tower is only present during late spring and early fall, and the small scale does not significantly detract from the surrounding coastal scenic resources. The temporary lifeguard tower Is removed from the beach during the off- season leaving unobstructed coastal views for beach visitors and residents. Furthermore, the project will not Interfere with the public's right to physical access or water-oriented recreational activities. No agricultural uses currently exist on the site and the proposed project Is not in an area of known geologic Instability or flood hazards. 6. That the request for a minor coastal development permit was adequately noticed at least ten (10) working days before the date of this decision pursuant to Section 21.201.080(8) and (C) of the Carlsbad Coastal Development Regulations. 7. That the City Planner has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15311(c) "Accessory Structures" of the State CEQA Guidelines because the placement of the lifeguard tower will be seasonal or temporary, generally in the same location from time to time in publicly accessible space designed for public use. Conditions: Planning 1. The City Planner does hereby APPROVE the Minor Coastal Development Permit, CDP 2020-0045, for the project entitled CITY OF CARLSBAD LIFEGUARD TOWER (Exhibit "A"-"D"), dated November 2, 2020, on file in the Planning Division and incorporated by this reference, subject to the conditions herein set forth. 2. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so Implemented and maintained according 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. 4. 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. 5. The Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. --------------------·-' CDP 2020-0020 (PUB2020-0020)-CITY OF CARLSBAD LIFEGUARD TOWER January 15, 2021 Pa e 3 6. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 7. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council Members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the city arising, directly or indirectly, from (a) city's approval and issuance of this Minor Coastal Development Permit, (b) city's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and '(c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings .have been concluded and continues even if the City's approval is not validated. 8. This approval shall become null and void if the temporary lifeguard tower is not initially placed on the beach within 24 months from the date of project approval. 9. The temporary lifeguard tower shall be placed no earlier than March 1'1 and must be removed by October 31" of each year. Placement of the tower shall provide clear, unobstructed access for beachgoers. 10. Areas reserved for equipment, supplies, rescue apparatus, and waste shall be clearly marked by cones, signs or other portable means. Placement of such items shall not obstruct access for beachgoers and shall be removed at the end of each day. Overnight storage of items, if any, shall be limited to the interior lockable portion of the lifeguard tower. 11. This Minor Coastal Development Permit does not authorize power or other utility hook-ups to the temporary lifeguard tower. 12. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable city ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. CDP 2020-0020 (PUB2020-0020}-CITY OF CARLSBAD LIFEGUARD TOWER January 15, 2021 Pa e4 NOTICE This decision may be appealed by you or any member of the public to the Planning Commission within ten (10} calendar days of receipt of this letter. Appeals must be submitted in writing to the Planning Commission at 1635 Faraday Avenue in Carlsbad, along with a payment of $850. The filing of such appeal within such time limit shall stay the effective date of the order of the City Planner until such time as a final decision on the appeal is reached. The project site is within the appealable area of the California Coastal Commission. This Minor Coastal Development Permit (CDP} shall not become effective until ten (10) working days have elapsed, without a valid appeal being flied with the Coastal Commission, following the Coastal Commission's receipt of the city's notice of the CDP issuance ("Notice of Final Action"}. The filing of a valid appeal with the Coastal , Commission within such time limit shall stay the effective date of this CDP until such time as a final decision on the appeal is reached by the Coastal Commission. Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a}, and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. If you have any questions regarding this matter, please feel free to contact Christina M. Bustamante at 760-602-4644 or by email at Christina.Bustamante@carlsbadca.gov. CITY OF CARLSBAD Don Neu City Planner DN:CB:cf c: Don Neu, City Planner Scott Donnell, Senior Planner Kelli and Todd Shell Scott Thayer HPRM/Flle Copy Californla Coastal Commission