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HomeMy WebLinkAboutSDP 2021-0007; DKN HOTEL ROOFTOP RENOVATIONS; Admin Decision LetterSeptember 8, 2021 Paul Klukas Planning Systems Suite #100 1530 Faraday Avenue Carlsbad, CA 92008 {'Cityof Carlsbad 8FILE COPY fJ1 a, 1/,uJ 'I /1 /u SUBJECT: SOP 2021-0007/CDP 2021-0009 (DEV05019) -DKN HOTEL ROOFTOP RENOVATIONS - Request for approval of a Minor Site Development Plan and Minor Coastal Development Permit (SOP 2021-0007 /CDP2021-0009) to allow a restaurant use located on the rooftop of the hotel. The subject property is located at 3136 Carlsbad Boulevard, in the Village/Barrio (V-B) "."" Hospitality (HOSP) Zone District and Local Facilities Management Zone 1. Dear Mr. Klukas, The City Planner has completed a review of your application for a minor Site Development Plan and minor Coastal Development Permit (SDP 2021-0007/CDP2021-0009) to allow a restaurant use located on the rooftop of the existing hotel. A notice was sent to property owners within a 300-foot radius of the subject property requesting comments regarding the above request. No comments were received within the ten- day notice period (ending on August 23, 2021). After careful consideration of the circumstances surrounding this request, the City Planner has made a decision pursuant to Section 21.06.070 of the City of Carlsbad Municipal Code to APPROVE this request based on the following findings and subject to the conditions listed below. Findings: Minor Site Development Permit SOP 2021-0007 1. That the proposed development or use is consistent with the general plan and any applicable master plan or specific plan, complies with all applicable provisions of Chapter 21.06 of the Carlsbad Municipal Code, and all o~her applicable provisions of this code; in that the project consists of allowing a restaurant use located on the rooftop of the hotel. The rooftop currently operates as a lounge area that is approximately 3,560 square feet. This project complies with the applicable provisions of the Village and Barrio Master Plan's Hospitality District and Carlsbad Municipal Code Chapter 21.06 by providing a restaurant use, which is an allowable use per the Village and Barrio Master Plan. 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 SDP 2021-0007/CDP 2021-0009 (DEV05019)-DKN HOTEL ROOFTOP RENOVATIONS September 8, 2021 Pa e 2 2. That the requested development or use is properly related to the site, surroundings and environmental settings, will not be detrimental to existing development or uses or to development or uses specifically permitted in the area in which the proposed development or use is to be located, and will not adversely impact the site, surroundings or traffic circulation; in that the conversion of the rooftop lounge to a restaurant use is consistent with the nearby restaurant uses in the neighborhood ,and will not require major improvements to the hotel. Access to the rooftop exists via elevator and stairs from the subterranean parking garage and hotel lobby. The requested restaurant use will not increase the traffic circulation that serves the site and surrouhdings. 3. That the site for the intended development or use is adequate in size and shape t9 accommodate the use; in that the existing rooftop is approximately 3,560 square feet and allows patrons to access the roof for lounging purposes. The rooftop area currently provides ADA compliant access, restrooms, and adequate space for the restaurant. No major alterations and or additions are required to accommodate the restaurant. The project will provide a restaurant use that is permitted and consistent with the neighborhood. 4. That all of the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested development or use to existing or permitted future development or use in the neighborhood will be provided and maintained; in that no expansion of the hotel is required for this project since the footprint of the rooftop will accommodate the restaurant use. The proposed restaurant will operate within an existing area permitted for lounging. 5. That the street system serving the proposed development or use is adequate to properly handle all traffic generated by the proposed use; in that the minor site development plan satisfies the development standards of the HOSP District. The existing surrounding streets, which are fully improved, have adequate capacity to accommodate the increase in daily trips generated by the project. The proposed restaurant use and existing hotel meets the parking requirements as the building provides a total of 125 parking spaces; 104 parking spaces for the hotel (1 space per guestroom / 104 guestrooms = 104 spaces required) and 21 parking spaces for the restaurant (1 space per 170 sq. ft./ 3,560 = 21 spaces required) as required per the Village and Barrio Master Plan. 6. That the City Planner finds that the project, as conditioned herein, is in conformance with the Elements of the city's General Plan and zoning, in that the proposed rooftop restaurant, as conditioned, is consistent with the Village Barrio (VB) General Plan Land Use and Hospitality (HOSP) Zoning designations for the site; all roadways and improvements necessary to serve the development exist, and no additional improvements are required. Minor Coastal Development Permit CDP 2021-0009 7. That the proposed development is in conformance with the Village and Barrio Segment of the Certified Local Coastal Program (LCP) and all applicable policies in that the proposed restaurant use, as discussed in finding no. 1 above, is consistent with the Village and Barrio Master Plan, which serves as the Certified Local Coastal Program for the City of Carlsbad Village and Barrio 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. SOP 2021-0007 /CDP 2021-0009 (DEV05019)-DKN HOTEL ROOFTOP RENOVATIONS September 8, 2021 Pa e 3 8. 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. 9. 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 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. 10. 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 11. That the City Planner has determined that the project belongs to a class of projects 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. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. 12. That the request for a minor Site Development Plan (SDP 2021-0007) and minor Coastal Development Permit (CDP 2021-0009) 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. 13. The City Planner has reviewed each of the exactions imposed on the Developer contained in this approval letter, and hereby finds, in this case, that ,the exactions are imposed to mitigate impacts caused by or reasonably related to ~he project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to must be met prior to approval of a building permit. 1. Approval is granted for SDP 2021-0007/CDP 2021-0009 as shown on Exhibits "A" -"C" dated August 23, 2021 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 SDP 2021-0007/CDP 2021-0009 (DEV05019)-'-DKN HOTEL ROOFTOP RENOVATIONS September 8, 2021 Pa e4 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 Site Development Plan and Minor Coastal Development Permit. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Minor Site Development Plan and Minor Coastal Development documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits .. Any proposed development, different from this approval, shall require an amendment to this approval. 4. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 5. 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. 6. 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 Site Development Plan and Minor Coastal Development, (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. 7. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. 8. Prior to the issuance of the building permit, Developer shall submit to the city a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Minor Site Development Plan and Minor Coastal Development Permit on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details ~nd 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. Code Reminders: 9. 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. SDP 2021-0007/CDP 2021-0009 (DEV0S019)-DKN HOTEL ROOFTOP RENOVATIONS September 8, 2021 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/exactio.ns 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 Planning 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 $786.00. 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 Paul Dan at (760) 602-4614. Sincerely, CLIFF JONES Principal Planner CJ:PD:cf c: DKN Hotels, 42 Corporate Park Suite 200, Irvine, CA 92606 David Rick, Project Engineer Don Neu, City Planner HPRM/File Copy Data Entry