HomeMy WebLinkAbout2019-10-17; Why Development Permits Remain Active in City Files; | Peterson, Mike| Barberio, Gary|To the members of the:
CITY COUNCIL
Date t O /r:tlr, CA ✓ cc ~
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Oct. 17, 2019
Council Memorandum
To: Honorable Mayor Hall and Members of the City Council
{city of
Carlsbad
Memo ID# 2019118
From:
Via:
Re:
Mike Peterson, Interim Community & Economic Development Director
Gary Barberio, Deputy City Manager, Co~unityServices
Elaine Lu key, Chief Operations Officer
Why Development Permits Remain Acti e in City Files
This memorandum provides answers to a City Council member's recent questions on how the
city handles pending development permits that have been on file for an extended period oftime
and are not being actively processed.
Background
The process for handling permits required by the Zoning Ordinance is covered by Carlsbad
Municipal Code 21.54.010, Renewal and approval/denial of applications.
Discussion
Question: How are development permits able to stay active in city files without a time frame?
Answer: City staff can remove a development permit from the system if the application is
incomplete. In those cases, the applicant has six months from the date the application was
initially filed to either resubmit the application or submit any missing information specified by
city staff. If the applicant does not meet that deadline, the application can be withdrawn and the
applicant would need to submit a new application for the proposed development. The city and
the applicant can extend that six-month window by mutual agreement.
City staff cannot withdraw applications for development permits that have been deemed
complete from city files. A formal decision to approve or deny a complete application must be
made by the decision-maker listed in the Zoning Ordinance for the required type of permit.
Question: When are development permits retired? 1.
Answer: The city does not retire applications, that is, complete applications remain in the system
indefinitely or can be taken forward for a decision on the application unless the applicant elects
to withdraw the application.
Community Services Branch
Community & Economic Development
1635 Faraday Avenue, Carlsbad, CA 92008 760-602-2719
Honorable Mayor Hall and Members of the City Council
Oct. 17, 2019
Page 2
Question: What does the city do to ask individuals to reapply after a given time?
Answer: The city asks an applicant to resubmit an application or reapply if plans for the project
have significantly changed, the project needs different permits or if the city has revised its land
use rules or building codes that relate to the project and significant modifications are necessary.
cc: Scott Chadwick, City Manager
Celia Brewer, City Attorney
Ron Kemp, City Attorney