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HomeMy WebLinkAbout2016-10-19; Planning Commission; Resolution 72061 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 7206 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING WITHOUT PREJUDICE A COASTAL DEVELOPMENT PERMIT TO DEMOLISH AN EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCT A NEW 4,702 SQUARE FOOT TWO-STORY SINGLE FAMILY RESIDENCE WITH A SUBTERRANEAN BASEMENT LOCATED AT 5156 CARLSBAD BOULEVARD WITHIN THE MELLO II SEGMENT OF THE CITY'S COASTAL ZONE WITHIN LOCAL FACILITIES MANAGEMENT ZONE 3. CASE NAME: 5156 CARLSBAD BOULEVARD CASE NO: COP 06-23 WHEREAS, Patrick & Erica McNulty, "Developer/Owner," has filed a verified application with the City of Carlsbad regarding property described as Lot 51 of Terramar Unit No. 1, in the City of Carlsbad, County of San Diego, State of California according to map thereof No. 2696, filed in the Office of the County Recorder of San Diego County, on September 6, 1950 ("the Property"); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit 5156 CARLSBAD BOULEVARD PROJECT-COP 06-23, as provided in Chapter 21.54.010 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on October 19, 2016, hold a duly noticed public hearing as prescribed by law to consider said request; WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Coastal Development Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission DENIES WITHOUT PREJUDICE COP 06-23-5156 CARLSBAD BOULEVARD PROJECT, based on the following findings and subject to the following conditions: 1 2 3 4 5 6 7 Findings: 1. Per Section 21.54.010(A) of the Carlsbad Municipal Code, the city shall comply with the requirements of the Permit Streamlining Act. Additionally, per Section 21.54.010(G) the city shall approve or disapprove a development permit application within the time limits, unless an extension of time is mutually agreed to by the applicant and city. The property owners do not want the permit approved at this time and have not agreed to extend the time limits therefore, the project is in violation of the Permit Streamlining Act. The permit application has been on file since 2006. The permit is denied without prejudice allowing the property owner to apply for a COP for the demolition of the existing single family residence and the construction of a new single-family residence in the future. 8 NOTICE 9 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." 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. PC RESO NO. 7206 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on October 19, 2016, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Chairperson Anderson, Commissioners Black, Goyarts, L'Heureux and Montgomery None Commissioner Segall Commissioner Siekmann VELYN ANDERSON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: ~zt DON NEU 16 City Planner 17 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 7206 -3-