HomeMy WebLinkAboutLCPA 97-09; Kelly Ranch; Local Coastal Program Amendment (LCPA) (5)WAYNE CALLAGHAN
38 REDHAWK, IRVINE, CA 92604
Tel: (949) 559-6200 Fax: (949) 559-6215
E-mail: calgroup@regroup.NET
MeZZo II I. Revised Land Use Plan Map - The City shall prepare a revised LCP Land Use Pla
map, to replace the approved Kelly Ranch Master for the Mello I1 LCP segment, which shal
incorporate the following changes:
- a. The map shall include a revised Open Space boundary that shall include the “hardlin
preserve” areas as shown on Figure 12 of the draft Habitat-Management Plan date
3/4/99 as Open Space. The boundary line for proposed Parcel L shall be eliminated.
MeZZo 112. Revised Zoning Map - The City shall prepare a revised zoning map as
component of the LCP Implementation Plan which shall incorporate the following changes:
& The parcel lines and residential zoning for proposed Parcel L shall be eliminated.
r
September 6, 1999
Mr. Bill Ponder
California Coastal Commission
3 1 1 1 Camino del Rio North, Suite 200
San Diego, CA 92108-1725
RE: LCP A 2-99; Kelly Ranch Draft Staff Suggested Modifications
Dear Bill:
We have reviewed your ‘draft’ Staff Suggested Modifications to the Kelly Ranch LCP Amendment,
and are highly opposed to several of your suggested modifications. I am in agreement with the City of
Carlsbad and Kelly Land Company’s additional items of concern they have communicated to me as
being in support of both their and my position and having been sent to you, some of which are attached
and all are incorporated herein. My most pressing concern is with, but not limited to your
recommendations regarding Planning Area “L” of the Kelly Ranch. Specifically issues 1, 2 & 3 below.
The previous two pages were an effort to try and obtain some reasonable understanding or basis for
your actions before delving further into the issues in this letter. However, said two pages should be
considered part of the official record and be forwarded to California Coastal Commission (“CCC”)
Commissioners with this letter.
Issue 1: The boundary line and residential zoning for proposed Parcel L shall be eliminated
Issue 2: Site to be used as a public access / public vista point
MeZZo II 8) A public vista point shall be provided on the Callahan parcel and at anothcr location
or the ridgeline uithin Planning Areas 1 or J
Issue 3: No private Streets or gates
MeZZo I1 9)
gates shall be permitted for any residential development located in the Core Area.
Public streets with on-street parking, as feasible, shall be required and no private
ISSUE 1 The boundary line and residential zoning for proposed Parcel L shall be eliminated
‘Draft’ Carlsbad Habitat Draft Management Plan. PAL is not within a “hardline preserve”.
PAL is within a “Standards Area” since development information was not yet available. The City
states it has clearly communicated this to you. The Kelly Ranch project (including “Planning Area
L”) is within “PPA Core Area 4” and has contributed to establishment of a preserve within Core
Area 4 by contributing 240.3 acres of open space.
Subdividing PAL to create a legal parcel is independent of land uses. Covenants, Conditions
and Restriction (“CC&R”) recorded in the Official Public Records of San Diego County against all
of Kelly Ranch in addition to verbal communications as well as this and prior correspondences, has
provided CCC both direct and indirect notice regarding the constructive transfer of PAL, having taken
place and of all Kelly Ranch owner’s requirement to create a legal lot for PAL, per the map act.
Kelly Ranch owners and successors in interest (including owners of open space) are subject to
these documents. Those requirements obligate Kelly Land Company (as present owner) to create
legal lots, concurrent with recordation of Kelly Land Company’s final map.
Kelly Land Company has no right to make any decision regarding PAL. It has merely designated
PAL as a legal lot. Its planning for the Kelly Ranch ignores all aspects of PAL’S future development.
History: Planning Area “L” (“PAL”) has gone through (see History Exhibit for more details):
Annexation into the City
Master Plan approval Zone change
Coastal approval Tentative Map approval
City Growth Management Plan
Inclusion in a City wide Mello Roos District
General Plan amendment
Revised City Hillside Grading Ordinance
Many other new regulations adopted by City
In addition to participating in entitlements, PAL has participated in wetland restoration, rough
grading, weed abatement, erosion control, farming, and was an integral part of the Irrevocable
Offer to dedicate approximately 200 acres of Open Space as well as additional slope easements. In
fact, I was responsible for and personally executed the initial Offers to Dedicate Open Space.
Site Characteristics: As part of development, Planning Area “L” (“PAL”) was graded under the
rough grading permit in mid 1980’s. The following aerial photo was taken shortly after rough
grading on the Kelly Ranch. After grading, PAL underwent extensive erosion control, planting and
irrigation for an extended period.
The majority of the site is comprised of Non-native grassland. Non-native grasslands are not
classified as a “sensitive” habitat by the draft HMP. However, the state and federal resource
agencies are requesting that non-native grasslands be mitigated at a 0.5:l ratio to maintain
raptor foraging areas. Broad tracts of non-native grassland occupy most of the property. The
dominant plants here are Eurasian grasses that have substantially displaced the native flora.
California Coastal Commission LCPA 2-99 Planning Area “L” (PAL) Page 2 of 5
5) Vesting
0 My wife and myself have placed almost all our assets into developing PAL; costs which could
easily exceed $2,000,000.
0 In 1980 my firm Cal Communities, Inc. was General Partner of the partnership which owned Kelly
Ranch, processed entitlements, graded, installed millions in infrastructure and millions more in
wetland and Habitat enhancements as well as dedication of wetland and slope areas of
approximately 200 acres.
o I incurred extensive costs to acquire, process and develop the Kelly Ranch and PAL.
o Since 1980 PAL has been assigned as a personal asset in all agreements to compensate me
for my initial costs and in addition the public has had public notice.
Federal taxes have already been paid for constructive receipt of the property.
The permits are now “vested” as acknowledged by the California Coastal Commission (“CCC”) on
January 6, 1987. Required property owner provisions of the deal have been fully accomplished.
Development activities undertaken pursuant to the Master Plan and CCC permit included
i) Fifty-three percent (181 acres) of the site encompassing Agua Hedionda Lagoon was offered for dedication as open space in 1985. Dedication through an Irrevocable OHer to
Dedicate Fee Title and an Irrevocable Oger to Dedicate Open Space Easement and
Declaration of Restriction (Instrument No. 85-301299 and 85-301298).
ii) An open space easement was recorded in 1985 and 1986, for slopes over 25 percent.
Dedicated by Irrevocable Oper to Dedicate Open-Space Easement and Declaration of
Restricts (Instrument 85-301301) and Amendment No. I (Instrument 86-004362).
(1) Rough grading, site preparation and erosion control within the Kelly Ranch including
(2) Installation of drainage and run-off control facilities and sedimentation basins.
(3) Restoration and enhancement of the lagoon, including major desiltation basin.
(4) Completed construction of Park Drive and El Camino Real.
(5) Construction of Cannon Road, and other internal roads.
(6) Installation of Utility construction within Cannon Road and El Camino Real.
(7) Subdivision (CT 96-07) was approved in April 1998, for a 45-acre portion (Area “E”)
of the Kelly Ranch pursuant to the adopted Master Plan and Coastal Permit.
Construction of this subdivision commenced in 1998.
iii) Some of the grading and other construction activities done to vest approvals
Planning Area “L”.
PAL’s specific, land planning, civil engineering and architecture have been prepared on three
occasions for processing with the city. This also included initial City’s review several years ago.
0 PAL has undergone expense of grading, erosion control, planting, irrigation, and weed abatement
under Coastal and City permits. Your agency has acknowledged this as well as PAL’s vesting.
PAL has paid property taxes as a separate Assessor Parcel, which includes payment towards Mello
Roos/Assessment Districts, Public Facility, and Community Facility District for the purposes of
providing public facilities prior to development to assure such facilities would be available for PAL
development.
0
California Coastal Commission LCPA 2-99 Planning Area “L” (PAL)
Planning Area L has already paid over $250,000 in cash directly for construction costs related to
Cannon Road and other off-site improvements to serve the development of PAL.
Page 3 of 5
ISSUE 2 Site to be used as a public vista point -and- ISSUE 3 No private Streets or gates
We strongly oppose requirement that: private drives within the project must be public streets,
privacy/security gates are prohibited, or that PAL is used for public vista point.
1) PAL is over one mile inland from the coastline, and on the inland side of the first public roadway.
It should be remembered this site is on the inland side of the .first public street, and that public
access policies dictate the access provision “where no otherwise adequate coastal access exists”.
There is no reason for redundant public access within the residential area of PAL.
a) Within a few hundred feet [on the lagoon side of public street] there is a full public nature center.
b) There is adequate public access to view the lagoon wetlands in various locations.
c) City has required in addition to original Coastal Permit public pedestrian trails and sidewalks in
two significant locations crossing the site and public views from these locations are plentihl.
d) Although there is more than adequate access and viewpoints proposed, the State has significant
Open Space areas within the Kelly Ranch to create such viewpoints if it wishes to exceed its
own policies. I am not sure why this entire site was selected over several others that are at a
higher elevation, or part of the proposed project, or preferably within the dedicate open space
that is non-native grasses? For example there is an Open Space area of non-native grasses at
the end of PAL’S access knuckle at Hemmingway Drive.
e) Access into PAL’S residential common area will defeat our extreme effort to open units into
shared common area to enhance feeling of a community or village instead of focus on private
exterior spaces.
We are not aware of any substantive rationale; whatsoever, that would necessitate full public
access into the residential common area or to use it as a public vista point.
2) Imposing public street requirements will render the project difficult to design. Especially this site
that already proposes a single loaded street, as well as homes designed to step with topography.
City public street requirements [street widths, turning radii, etc.], is inconsistent with proposed
Planned Development standards, which allow site to deviate for clustering within developable
areas versus more rigid detached project with long, wider streets.
3) Kelly RanchFAL has already contributed in excess of original CCC Permit. PAL is vested,
trade offs were completed in prior approvals and the revised application exceeds these early trade offs.
CCC staff recommended approval and the CCC Commission unanimously approved the Project in
1985 as memorialized in CDP 6-84-617. Commission findings associated with this permit indicate
their conclusion that;
“The Master Plan thus encompasses significant enhancement and preservation of the sensitive
resources of the site above and beyond what the applicable LCP documents currently require.
When combined with the offer to dedicate in fee title to a resource agency the majority of these
sensitive areas, and to restrict the uses allowed on others, these measures provide a mechanism
for long-range preservation of one of the state’s highest priority wetland resources.”
The section conclusion states, “The Commission finds that in order to accomplish this objective and
allow reasonable use of the property, modifications to the Planned Community Zone regarding
agriculture, maximum residential and commercial development, and prohibitions of grading on
steep slopes are appropriate. The Commission thus finds the proposed amendments, as part of the
overall development package, to be in conformance with Section 30007.5 of the Coastal Act.”
California Coastal Commission LCPA 2-99 Planning Area ‘2” (PAL) Page 4 of 5
At the time of the 1985 approval of CDP 6-84-617,
a) A significant amount of the Kelly Ranch project was designated to be set aside as open space.
b) Numerous millions of dollars were spent to enhance habitat and provide for public access and
interface when my firm owned the Kelly Ranch.
a) Dedication of a larger area of Lagoon wetland, net upland open space has been increased in the plan, both in quantity and quality, as wide corridors of open space meander throughout the
property. b) Deleted the previously approved travel service commercial uses allocated to Area F through
CDP 6-84-617 and contributed the site to the Agua Hedionda Lagoon Foundation in excess of
one acre of land and a 3,800 square foot building for the purposes of the nature center. The
nature center’s purpose is to provide public access to the Lagoon; enhance public viewing
opportunities; educational experiences; community meeting areas; and to provide regional
recognition of the important coastal resource: the Agua Hedionda Lagoon. The City has issued
coastal permit for this use.
There has been no change in applicable open space policies to justiQ the imposition of still an
additional requirement for setting aside Area L.
Like the City of Carlsbad and Kelly Land Company, I oppose the above recommendations. Please
keep in mind that after the Coastal Staff recommended approval and the Commission unanimously
approved the Project in 1985, the project has only been enhanced from any point of view.
Since that time, Kelly Ranch has proposed to set aside even further amounts
0 The required property owner provisions of the deal have been accomplished fully, or
0 Project has been positively modified far in excess of those in CDP 6-84-617, even though
applicable coastal policies remain unchanged.
0 Numerous millions of dollars have already been spent in good faith to enhance public access
(nature center, Cannon Road, interpretive area, etc.) as well as habitat and its protection
(desilting, habitat enhancement, dedication, etc.)
As a result, the California Coastal Commission has already achieved their benefit from the bargain.
In any case I am not agreeable to any actions on Planning Area “L” that will erode my rights.
Nor am I willing to participate in any action that might jeopardize my existing vesting.
cc Mayor Claude Lewis
Ray Patchett, City Manager
Ron Ball, City Attorney
Michael Holzmiller, Planning Director
Don Rideout, Planning
Gary Wayne, Planning
Christer Westman, Planning
Chuck Damm, Coastal Commission
Deborah Lee, Coastal Commission
Sherilyn Sarb, Coastal Commission
Doug Clemens, Kelly Land Company
LCPA 2-99 Planning Area “L” (PAL) Page 5 of 5 California Coastal Commission