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HomeMy WebLinkAboutCDP 97-43A; Kelly Ranch; Coastal Development Permit (CDP) (4)Bill Ponder California Coastal Commission 7575 Metropolitan Drive, Suite 103 San Diego CA 92108-4402 RE: CDP 9743(A)/CDP 98-66(A)/CDP 98-70(A) - KELLY RANCH Dear Mr. Ponder: As you know from our transmittal on July 13, 2001 of all of the Kelly Ranch documents, it is the intent of the City to demonstrate that the Coastal Development Permits which were effectively approved on July 10, 2001 were done so consistent with the Local Coastal Program. It is my understanding that the Coastal Commission staffs review during this 10 day appeal period of the City of Carlsbad approved Kelly Ranch exhibits and documents will determine if there is substantial issue. Substantial issue may warrant an appeal to the Coastal Commission. If there the City of Carlsbad. is no substantial issue, then there is no further action necessary by Coastal Commission staff or To accommodate your review all applicable documents, plans and exhibits were delivered to your offices on Friday July 13, 2001. The following is a review of the letter delivered to the City requesting information later that same day. It is assumed that your letter was drafted prior to our delivery of plans and documents. *3 Bullet item one asks for drainage and runoff control plans for each of the planning areas. This is the same item as bullet number 9. Water quality plans have been reviewed by your water quality staff and a revisiodaddition is requested. As directed in your letter, the applicant has contacted your office for examples of revised wording. A final Public Information Program will be in place with the additional information prior to the issuance of a grading permit. 0 Bullet item two requests landscape plans which show that buildings will be screened and will include building colors and building design. A concept screening plan was submitted to your offices on Friday 13, 2001 for Planning Area J. A conceptual landscape plan (Exhibits J and K) indicate tree planting on the slopes for all of the planning areas was also submitted to your offices on July 13, 2001. The Coastal Development Permit CDP 9743(A) is conditioned that a final landscape plan is required prior to the issuance of a grading permit and must be consistent with the screening required by the Local Coastal Program. Regarding building height, colors and setbacks from ridgelinedopen space, all of the building exhibits and site plans have been submitted which indicate that the building heights are within the limits allowed by the Local Coastal Program and the Zoning Ordinance, that there is roof variation, and that those planning areas upslope from Kelly Ranch Open Space and/or ridgelines have substantial setbacks. The Coastal Development Permits CDP 98- 66(A) and 98-70(A) are conditioned (Resolutions nos. 4967 and 4969) that "exterior wall and roof colors shall be of low intensity earth or vegetative tones." Sample roof and wall colors on file with the City have been shown as earthy tones of tan, brown and green. The final decision on building colors will be prior to the issuance of a building permit. White walls and red tile roofs will not be acceptable. 1635 Faraday Avenue Carlsbad, CA 920087314 (760) 6024600 FAX (760) 602-8559 www.ci.carlsbad.ca.us @ P. CDP 9743(A)/CDP 9, >6(A)/CDP 98-70(A) - KELLY RANCh JULY 19,2001 PAGE 2 0 Bullet item three requests a letter from the California Department of Fish and Game (CDFG) regarding the feasibility of wildlife corridors or under crossings and adequacy of the "Natural Habitat Revegetation Program". Regarding wildlife corridors, the Local Coastal Program states that "wildlife corridors shall be required when necessary to facilitate wildlife movement through the open space area". The Kelly Ranch Open Space corridor was developed with the purpose of preserving open space and providing a wildlife corridor in-and-of-itself. The basis for the Kelly Ranch Open Space corridor was developed in consultation with the CDFG and the US. Fish and Wildlife Service during their work with the City on the draft Habitat Management Plan. Both agencies considered and rejected as infeasible the need for under crossings since the grading necessary to create an under crossing consistent with current CDFG height to-width-ratio standards will cause greater disturbance than is currently proposed, the roads in the open space are narrower than standard City streets and they are not high volume use streets. There will not be any significant added value to wildlife movement via under crossings. I have contacted CDFG for written confirmation regarding the project's wildlife corridor design. Regarding the Natural Habitat Revegetation Program, a final version of the program is required prior to the issuance of a grading permit consistent with the Coastal Development Permit CDP 97-43(A) conditions of approval (Resolution No. 4965). I have also asked CDFG to comment on the draft plan which was submitted to your offices on July 13,2001. 0 Bullet item four requests all of the permit exhibits and verification that the Kelly Ranch Open Space will be preserved in a conservation easement. All of the project exhibits were submitted on July 13,2001. The Coastal Development Permit CDP 9743(A) is conditioned (Resolution Nos. 4965) to "dedicate on the final map an open space conservation easement on all/or part of Lots ... plus all other lands set aside as part of the Citywide Open Space System and the LCP Kellv Ranch Open Saace MaD to prohibit any encroachment or development . .." The dedication will be a part of the map recordation. 0 Bullet item five suggests that exhibits do not show the proper areas for open space near lots 51-55. The tentative map submitted on July 13, 2001 illustrates that the open space lot No. the Open Space Recommendation Area J Exhibit No. 15 Carlsbad LCPA 2-99D. 79 includes the slopes to the ridgeline and the limits of grading have been set precisely from 0 Bullet item six questions how the project slopes will be preserved as open space. Because the slopes are within the Kelly Ranch Open Space, they will also be included in the recorded conservation easement. Refer to bullet item four regarding the method of obtaining the conservation easement. *:* Bullet item seven questions the daycare and RV storage components of the project. The Local Coastal Program acknowledges day care and RV storage as an allowed use (See Suggested Modification 1 I b and 13h) and that "the areas utilized for these uses shall be the minimum size necessary to satisfy the requirements of the City of Carlsbad Zoning Code". Both the. RV storage and the day care site have been minimized to the greatest extent possible. Please refer to the daycare and RV storage letter submitted July 13. 2001. e:* Bullet item eight requests an explanation regarding the project's draft fire suppression plan's conformance with the City of Carlsbad Landscape Manual. The Coastal Development permit (Resolution no. 4965). A draft plan was submitted on July 13. 2001 which proposes Permit CDP 97-43(A) requires a final fire suppression plan prior to the issuance of a grading one zone of thirty feet outside of the Kelly Ranch Open Space while the City of Carlsbad ,- - CDP 9743(A)/CDP 5 j6(A)/CDP 98-70(A) - KELLY RANCh JULY 19,2001 PAGE 3 Landscape Manual requires two twenty foot zones outside of the Kelly Ranch Open Space. two twenty foot zones (40 feet total) were in effect reapportioned to one ten foot zone for In order to accommodate tree planting adjacent to structures for screening purposes, the tree planting and one thirty foot zone (also 40 feet total) restricted to non-combustible plant materials. The Carlsbad Fire Marshall has endorsed the drafI Kelly Ranch plan as being equally as effective in this case as the Landscape Manual and consistent with the Landscape Manual since the landscape materials allowed in the 30 foot Kelly Ranch Plan are more fire resistant than those allowed in the outer 20 foot Landscape Manual zone. *:* Bullet item nine specifies that information must be submitted to the Coastal staff which identifies how water quality educational brochures and fact sheets will be distributed to surrounding property owners. A final program is required by the Coastal Development Permit CDP 9743(A) conditions of approval (Resolution No. 4965) prior to the issuance of a grading permit. As directed in your letter, the applicant has contacted your office for examples of revised wording. A final Public Information Program will be in place with the additional information prior to the issuance of a grading permit. 6 Bullet item ten refers to the Coastal Program requirement to provide vista points and that if the vista points are within disturbed open space it must be with CDFG approval. Vista points are required by Coastal Development Permits No. CDP 9743(A), CDP 98-66(A), and CDP 98-70(A) (Resolutions Nos. 4963, 4965, and 4967) and are shown conceptually on project exhibits. The final design of the vista points will be part of the final landscape plans to be approved prior to the issuance of a grading permit. A public access easement for the vista point(s) will be recorded with the final map. A letter of CDFG concurrence with the proposed locations has been requested. I trust that with all of the information provided you can rest assured that Coastal Development Permits No. CDP 9743(A), CDP 98-66(A), and CDP 98-70(A) were approved consistent with all of the requirements of the Local Coastal Program and Carlsbad LCPA 2-99D. Similar to the Coastal Commission procedure of approving Coastal Development Permits with conditions, the City also approved these permits with conditions. The Kelly Land Company will not be able to use their City approvals until all of the requirements and conditions of the City issued Coastal Development Permits have been satisfied. In effect, although the City has approved Coastal Development Permits for the Kelly Ranch, the permits are not issued until all conditions have been met. Please contact me at (760) 6024614 or cwest@ci.carlsbad.ca.us if you have any questions. Sincerelv. Christer Westman AlCP Associate Planner CW:mh c: Gary Wayne Paul Klukas D.L. Clemens Sherilyn Sarb Debra Lee