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
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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
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NOT TO SCALE
5156 Carlsbad Blvd. Project
COP 06-23