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Home My WebLink AboutRP 2018-0011; DKN HOTEL; Admin Decision LetterNovember 14, 2018 Planning Systems Paul Klukas 1530 Faraday Avenue Carlsbad CA 92008-7332 ~\ <.J l I• \ 5 · I ')( 8FILE COPY (" City of Carlsbad SUBJECT: RP 2018-0011/CDP 2018-0042 (DEV05019) DKN HOTEL -Request for approval of an Administrative Review Permit (RP 2018-0011) and Administrative Coastal Development Permit (CDP 2018-0042) to allow for the construction of a 13-foot high wall/fence along 29 feet of the south interior property line of the DKN hotel site located at 3136 Carlsbad Boulevard, in District 1 of the Village Review Zone and local Facilities Management Zone 1. Dear Mr. Klukas, The City Planner has completed a review of your application for an Administrative Review Permit (RP 2018-0011) and Administrative Coastal Development Permit (CDP 2018-0042) to allow for the construction of a 13-foot high wall/fence along 29 feet of the south interior property line of the DKN hotel site located at 3136 Carlsbad Boulevard. A notice was sent to property owners within a 300' radius of the subject property requesting comments regarding the above request. No comments were received within the ten-day notice period (ending on October 23, 2018). After careful consideration of the circumstances surrounding this request, the City Planner has determined that the five findings required for granting an Administrative Review Permit can be made and therefore,. APPROVES this request based on the following findings and conditions. Findings: RP 2018-0011 1. That the total cost of the proposed development is less than $60,000. 2. The City Planner has determined that the project is consistent with the policies, goals and action programs set forth within the Carlsbad General Plan in that the proposed 13-foot high wall/fence along 29 feet of the south interior property line is a public safety necessity required by the San Diego County Department of Environmental Health (DEH) for the DKN hotel pool. The 13-foot high wall/fence is proposed to deter access to the hotel pool from atop the southerly neighbor's storage shed. The DKN hotel, currently under construction, is an approved provisional use in Land Use District 1 that provides a visitor-serving use and complements the existing commercial uses in the immediate vicinity. The 13-foot high wall/fence encourages physical planning that deters crime and promotes public safety. Community & Economic Development Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-4600 I 760-602-8560 f I www.carlsbadca.gov RP 2018-0011/CDP 2018-0042 (DEV05019) -DKN HOTEL November 14, 2018 Pa e 2 3. The City Planner has determined that the project is consistent with Chapter 21.35 (Village Review Zone) of the Carlsbad Municipal Code and all applicable development standards and land use policies set forth within the Village Master Plan and Design Manual in that the necessary findings per the Village Master Plan and Design Manual to allow a fence to exceed the height of six feet are met as follows: a. The purpose of the additional wall height is to enhance adjacent neighbor privacy and/or to provide for noise attenuation in that the 13-foot tall wall/fence will provide ample privacy and attenuate the noise for the southerly property owners. b. The additional wall/fence height is requested by the adjacent neighbor and/or determined by the decision-making body to be in the best interest of the adjacent neighbor in that the 13- foot high wall/fence is necessary for public safety. The adjacent property has an existing storage shed within 32 inches of the swimming pool enclosure. Therefore, the 13-foot high wall is in the best interest of the adjacent neighbor to deter access to the pool site from atop the neighbor's storage shed. c. The wall or fence is attractively designed and/or decorated in that the 13-foot high wall.lfence will be constructed with a combination of 8-foot high block, with a stucco finish and four pilasters, topped with a 5-foot aluminum fence, with 3-inch square tube post comparable to wrought iron, and identical to the DKN hotel architecture. The wall located along 29 feet of the south interior property line will not be visible from any exterior or public view. d. Decorative wall features may not extend six (6) inches above the maximum height of the wall. Wall height shall be measured from the lowest side of the finished grade to the top of the wall. The wall/fence is 13 feet in height as measured from existing/finished grade. The project does not include decorative features that extend above the height of the wall/fence. CDP 2017-0042 4. That the proposed development is in conformance with the Village Segment of the Certified Local Coastal Program (LCP) and all applicable policies in that the proposed 13-foot high wall/fence, as discussed in finding no. 3 above, is consistent with the Village Master Plan and Design Manual, which serves as the Certified Local Coastal Program for the City of Carlsbad Village Segment of the California Coastal Zone. The proposed project will not obstruct views of the coastline as seen from public lands or the public right-of-way, nor otherwise damage the visual beauty of the coastal zone. No agricultural uses currently exist on the site, nor are there any sensitive resources located on the property. The project site is not located in an area of known geologic instability or flood hazard. The site is not located adjacent to the coast, and therefore no public opportunities for coastal shoreline access are available from the subject site. The site is not suited for water-oriented recreation activities, but the proposed wall/fence allows for the developer of a hotel pool, which is a visitor-serving use amenity. 5. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the site is not located adjacent to the shore. Therefore, the project will not interfere with the public's right to physical access to the sea and the site is not suited for water- oriented recreation activities. The project is consistent with Coastal Act Section 30222 to prioritize the use of private land to enhance public opportunities for visitor-serving commercial coastal recreation uses. 6. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the city's Master RP 2018-0011/CDP 2018-0042 (DEV05019) -DKN HOTEL November 14, 2018 Pa e 3 Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP Design Manual and Jurisdictional Runoff Management Program (JRMP) to avoid increased urban runoff, pollutants, and soil erosion. No steep slopes or native vegetation is located on the subject property and the site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction. 7. The project is not located between the sea and the first public road parallel to the sea and, therefore, is not subject to the provisions of the Coastal Shoreline Development Overlay Zone (Chapter 21.201 of the Zoning Ordinance). General 8. That the City planner has determined that the project belongs to a class of projec_ts that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15303{e)-New Construction or Conversion of Small Structures of the state CEQA Guidelines. 9. That the request for an Administrative Review Permit (RP 2018-0011) and Administrative Coastal Development Permit (CDP 2018-0042) was adequately noticed at least ten (10) calendar days before the date of this decision pursuant to Section 21.54.060 of the Carlsbad Municipal Code. 10. The City Planner has reviewed each of the exactions imposed on the Developer contained in this approval, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed development, must be met prior to approval of a building permit. 1. Approval is granted for RP 2018-0011/CDP 2018-0042 as shown on Exhibits "A" -"C" dated November 6, 2018, on file in the Planning Division and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 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 Administrative Review Permit and Administrative Coastal Development Permit. -·-·--------·--··------------·---~----,.._ .... RP 2018-0011/CDP 2018-0042 (DEV05019) -DKN HOTEL November 14, 2018 Pa e4 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Administrative Review Permit and Administrative Coastal Development Permit documents, as necessary to make them internally consistent and in conformity wiih 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/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 Administrative Review Permit and Administrative Coastal Development Permit, (b) City's approval or issuance of any permit or action, whether discretionary or non-discretionary, 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. 5. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. 6. This project shall comply with all conditions and mitigation measures, which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 7. Prior to the issuance of the building permit, Developer shall submit to the city a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a(n) Administrative Review Permit and Administrative Coastal Development Permit. 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 City Planner 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. 8. Developer shall report, in writing, to the City Planner within 30 days, any address change from that which is shown on the permit application. 9. The five-foot fence located atop the eight-foot masonry wall shall be removed when it is no longer required by DEH because the adjacent property to the south develops and/or the storage shed to the south is demolished to the satisfaction of the City Planner. Code Reminders: 10. 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. RP 2018-0011/CDP 2018-0042 (DEV05019) -DKN HOTEL November 14, 2018 Pa e 5 NOTICE 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 the 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. This decision may be appealed by you or any other member of the public to the Plannin~ Commission within ten days of the date of this letter. Appeals must be submitted in writing to the Planning Division at 1635 Faraday Avenue in Carlsbad, along with a payment of $876.00. 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. If you have any questions regarding this matter, please feel free to contact Chris Sexton at 760-602-4631. Sincerely, TERI DELCAMP Principal Planner TD:CS:dh c: SC Hotel, Kiran Dahya, 42 Corporate Park, Ste 200, Irvine CA 92605-5105 David Rick, Associate Engineer Don Neu, City Planner File Copy Data Entry