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HomeMy WebLinkAbout2016-10-19; Planning Commission; ; CDP 06-23 - 5156 CARLSBAD BOULEVARD PROJECTThe City of CARLSBAD Planning Division A REPORT TO THE PLANNING COMMISSION Single Family Coastal Development Permit Item No. P.C. AGENDA OF: October 19, 2016 Application complete date: December 14, 2006 Project Planner: Chris Sexton Project Engineer: N/ A SUBJECT: COP 06-23-5156 CARLSBAD BOULEVARD PROJECT-Request to deny 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. The project site is not within the appealable area of the California Coastal Commission. I. RECOMMENDATION That the Planning Commission APPROVE Planning Commission Resolution No. 7206 DENYING WITHOUT PREJUDICE Coastal Development Permit CDP 06-23 based upon the findings contained therein. II. PROJECT DESCRIPTION AND BACKGROUND The rectangular .15 acre lot is located at 5156 Carlsbad Boulevard in the Single Family (R-1) zone. The Coastal Development Permit (CDP) project description is to demolish an existing single-family residence and construct a new 4,702 square foot two-story single family residence with a subterranean basement. The property owners, Patrick and Erica McNulty, applied for a CDP on August 25, 2006. The application was deemed complete on December 14, 2006, however, there were issues to be resolved. After several resubmittals to ensure the project met all the development standards of the Carlsbad Municipal Code, a hearing date was scheduled for the project to be heard by the Planning Commission on January 20, 2010. Patrick McNulty requested the project be pulled from Planning Commission agenda citing economic issues. In the six years since the project was pulled from Planning Commission agenda, numerous contacts have been made to Patrick and Erica McNulty. Two options have been given to the property owners. The first option is to withdraw the application. The second option is take the project to Planning Commission for approval. They have not been responsive to requests so the city must take the project forward for denial without prejudice as the application was deemed compl~te. The CDP can be conditioned to be valid for two (2) years however, a building permit must be applied for and issued or the CDP expires. If an applicant/developer cannot meet the two (2) year deadline an extension for a CDP can be applied for. The McNultys cannot complete the project at this time and have elected to have the project denied without prejudice which would allow the project to be reapplied for at anytime. The Permit Streamlining Act was enacted in 1977 in order to expedite the processing of development project permits. The Permit Streamlining Act sets forth time limits for local government agencies in which they must either approve or disapprove permits. The clock starts when the applicant submits a complete application. The city has 30 days after an application is deemed complete to inform the applicant of whether the application is complete. A new 30-day review period begins with each resubmittal of an incomplete application. Once an application is deemed complete, the public agency can proceed with the California Environmental Quality Act (CEQA) review. Additionally, if a project is deemed exempt or not ~' "•+' CDP 06-23-5156 CARLSBAD BOULEVARD PROJECT October 19, 2016 Page 2 subject to further review from CEQA a targeted Planning Commission hearing date should be within 60 days. 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 have not agreed to the time limits therefore, the project is in violation of the Permit Streamlining Act. The city is recommending the denial of the project without prejudice allowing the property owner to apply for a CDP for the demolition of the existing single family residence and the construction of a new single-family residence in the future. Ill. ENVIRONMENTAL REVIEW This project is not subject as the project exempt from CEQA per the exemptions listed below: (1) Sections 15061(a)(4) & 15270 of CEQA states that a project that is rejected or disapproved by a public agency is not subject to environmental review. ATIACHMENTS: 1. Planning Commission Resolution No. 7206 2. Location Map SITE MAP • N NOT TO SCALE 5156 Carlsbad Blvd. Project COP 06-23