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HomeMy WebLinkAboutCDP 08-23x1; MacKenzie Residence; Coastal Development Permit (CDP)CARLSBAD Planning Division www.carlsbadca.gov May 31, 2011 Toni Mackenzie 1479 Spanish Bay Court Encinitas, CA 92024 SUBJECT: CDP 08-23x1 - MACKENZIE RESIDENCE The Planning Department has completed a review of your application for a Coastal Development Permit Extension (submitted on April 13, 2011), CDP 08-23x1, Mackenzie Residence, located at 5276 Carlsbad Boulevard. The project consists of the demolition of an existing 1,336 square-foot single-family residence and the construction of a new 6,668 square- foot single-family residence, and a pool and spa, on 0.15 acres of land. The Coastal Development Permit was originally approved by the Planning Commission on May 6, 2009 and was due to expire on May 5, 2011. After careful consideration of the circumstances surrounding this request, it has been determined that (1) the Coastal Development Permit Extension was submitted in a timely manner prior to the expiration date, (2) there has been no change of circumstances in relation to coastal resources per Section 13169 of the California Code of Regulations, (3) the project is still in compliance with the Coastal Development Permit regulations, and (4) that the findings required for granting a Coastal Development Permit extension can be made; therefore, the Planning Director retroactively APPROVES Coastal Development Permit Extension No. CDP 08-23x1 for two (2) years (from May 6, 2011 to May 5, 2013), based on the following findings and conditions. Findings: 1. All of the findings contained in the Planning Commission Resolution No. 6557 dated May 6, 2009 for CDP 08-23 apply to this extension and are incorporated herein by reference and remain in effect. 2. That the 2-year retroactive extension (from May 6, 2011 to May 5, 2013) is appropriate because the owner/applicant is diligently pursuing finalizing all necessary permits, the project is still consistent with the Coastal Development Permit regulations, and the extension would allow the owner/applicant to preserve existing property entitlements while satisfying the conditions for the demolition of an existing single- family home and the construction of a new home, pool and spa on a 0.15-acre lot (CDP 08-23). 3. That such permits and approvals as extended are consistent with the requirements of Title 21 of this code at the time of their extension. 4. That the Planning Director 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 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 © CDP 08-23x1 - MACKENZIE RESIDENCE May 31, 2011 Page 2 preparation of environmental documents pursuant to Section 15301(l)(1)(demolition of a single-family residence) and 15303(a)(construction of a single family residence in an urbanized area) of the state CEQA Guidelines. In making this determination, the Planning Director has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. Conditions: 1. This Coastal Development Permit extension is retroactively granted from May 6, 2011 to May 5, 2013. If building permits for this project are not obtained within this time period, the Coastal Development Permit extension will expire on May 6, 2013, unless extended per Section 21.201.210 of the Carlsbad Municipal Code. 2. All of the conditions contained in Planning Commission Resolution No. 6557 dated May 6, 2009 for CDP 08-23 apply to this extension and are incorporated herein by reference and remain in effect except for Planning Condition No. 12, which is superseded by Condition No. 1 of this approval letter and Condition No. 16, which is superseded by condition No. 3 of this approval letter. 3. 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 Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Coastal Development Permit Extension by this approval letter dated May 31, 2011 on the property. 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 Planning Director 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. 4. Fire sprinklers shall be required pursuant to the 2010 California Fire code. CITY OF CARLSBAD CHRIS DeCERBO Principal Planner CD:SW:bd c: Don Neu, Planning Director Chris DeCerbo, Principal Planner Jeremy Riddle, Project Engineer Data Entry/DMS File Copy