HomeMy WebLinkAbout2001-06-12; City Council; Resolution 2001-1651
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO. 2001-165
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ADOPTING A NEGATIVE
DECLARATION, AND APPROVING AMENDMENTS TO
PREVIOUSLY APPROVED DISCRETIONARY ACTIONS TAKEN BY THE CITY OF CARLSBAD ON THE KELLY RANCH “CORE
AREA” REDUCING THE NUMBER OF SINGLE FAMILY
RESIDENTIAL LOTS BY SEVEN, REDUCING THE NUMBER OF
APARTMENT UNITS BY 43, RELOCATING FUTURE DAY CARE
AND RECREATIONAL VEHICLE STORAGE AREAS,
ESTABLISHING MODIFIED OPEN SPACE PRESERVATION
AREAS, AMENDING THE CARLSBAD ZONING ORDINANCE TO
MODIFY REGULATIONS RELATING TO COASTAL
RESOURCES, AND AMENDING THE GENERAL PLAN LAND
USE MAP ON PROPERTY GENERALLY LOCATED SOUTH OF
CANNON ROAD AND EAST OF FARADAY AVENUE IN LOCAL
FACILITIES MANAGEMENT ZONE 8.
CASE NAME: KELLY RANCH
CASE NO.: GPA OO-09/ZCA 00-06/CT 97-16(A)
HDP97-17(A)CDP 97-43(A)/SDP 98-04(A)
CDP 98-66(A)SDP 98-l 8(A)/CDP 9&70(A)
follows:
The City Council of the City of Carlsbad, California, does hereby resolve as
WHEREAS, on May 2, 2001, the Carlsbad Planning Commission held a duly
noticed hearing to consider a proposed Negative Declaration, General Plan Amendment, Zone
Code Amendment, Tract Map amendment, Hillside Development Permit amendment, Coastal
Development Permit amendments, and Site Development Plan amendments to cause the Kelly
Ranch project to be consistent with the Local Coastal Program as amended by LCPA 97-09(A);
and
WHEREAS, the City Council accepted the Coastal Commission suggested
modifications as proposed by the Coastal Commission on December 12, 2060. The Kelly
Ranch project has been redesigned to comply with the suggested modifications as proposed by
the Coastal Commission, and no change to the suggested modifications as proposed by the
Coastal Commission will be effectuated by these City Council actions; and
WHEREAS, the City Council of the City of Carlsbad, on A. day of
June , 2001, held a duly noticed public hearing to consider the
recommendation and heard all persons interested in, or opposed to, GPA 00-09/ZCA OO-06/CT
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
97-l G(A)/HDP 97-l 7(A)/CDP 97-43(A)/SDP 98-04(A)/CDP 98-66(A)SDP 98-18(A)/CDP 98-
70(A); and
WHEREAS, an Initial Study was prepared for all of the actions associated with
Kelly Ranch project, and it was determined that a Negative Declaration could be issued for the
project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the recommendations of the Planning Commission for the approval
of a Negative Declaration, General Plan Amendment (GPA OO-09), Zone Code Amendment
(ZCA 00-06) Carlsbad Tract amendment [CT 97-16(A)], Hillside Development Permit
amendment [HDP 97-17(A)], Coastal Development Permit amendment [CDP 97-43(A)], Site
Development Permit amendment [SDP 98-04(A)], Coastal Development Permit amendment
[CDP 98-66(A)], Site Development Plan amendment [SDP 98-18(A)], and Coastal Development Permit amendment [CDP 98-70(A)] are approved and the findings and conditions
of the Planning Commission contained in Planning Commission Resolutions No. 4960, 4961,
4962, 4963, 4964, 4965, 4966, 4967, 4968, and 4969 on file with the City Clerk and
incorporated herein by reference, except as amended by the following are the findings and
conditions of the City Council:
A. Amend Condition No. 27 Planning Commission Resolution No. 4963 (CT 97-16(A)) and add condition as amended to Planning Commission Resolution No. 4965 (CDP 97-
43(N)
The Developer or their successors shall dedicate on the final map, an open space
conservation easement for all/or those portions of Lots 77, 78, 79, 80, 81, 83, 157, 158, 159, 160, 163, 164, 166, 170, and the remainder parcel which are in steep
slopes, wetlands, coastal sage scrub, other constrained land, plus all other lands set
aside as part of the Citywide Open Space System and the LCP Kelly Ranch Open
Space as shown on the LCP Kelly Ranch Open Map to prohibit any encroachment or
development, including but not limited to fences, walls, decks, storage buildings,
pools, spas, stairways and landscaping, as shown on Exhibits “A” - “M”.
B. Add Condition to Planning Commission Resolutions No. 4963 (CT 97-16(A)) and 4965
(CDP 97-43(A))
Prior to the approval of a final map or issuance of a grading permit, which ever occurs
first, the Developer shall execute a document or documents to the satisfaction of the
Planning Director and the City Attorney which accomplish at a minimum the following:
a. Continued ownership by the Developer or its successors in interest of the
land within the conservation easement until some future date at which
time ownership will be transferred to the City or its designee for perpetual maintenance;
-2-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
b. While in continued private ownership, active maintenance to protect and
preserve the quality of the habitat (including but not limited to reasonable
prevention of trespass); and,
c. Transfer of ownership and maintenance responsibility at some future date
to the City or its designee simultaneously with transfer of funding or other
acceptable financial mechanism to provide for management and conservation in perpetuity. (The cost of management is currently
estimated to be approximately $85.00 per acre per year.)
C. Amend Condition No. 28 Planning Commission Resolution No. 4963 (CT 97-16(A))
Removal of native vegetation and development of Open Space Lot(s) 77, 78, 79, 81,
83, 157, 158, 159, 160, 163, 164, 166, 170, including but not limited to fences, walls,
decks, storage buildings, pools, spas, stairways and landscaping, other than that
approved as part of the grading plan, improvement plans, biological re-vegetation
program, landscape plan, etc. as shown on Exhibits “A” - Xl”, is specifically prohibited,
except upon written order of the Carlsbad Fire Department for fire prevention
purposes, or upon written approval of the Planning Director, and California Coastal Commission if in Coastal Zone, based upon a request from the Homeowners
Association accompanied by a report from a qualified arboristibotanist indicating the
need to remove specified trees and/or plants because of disease or impending danger
to adjacent habitable dwelling units. For areas containing native vegetation the report
required to accompany the request shall be prepared by a qualified biologist.
D. Amend Condition No. 58 Planning Commission Resolution No. 4963 (CT 97-16(A))
Prior to the approval of Final Map or issuance of a grading permit, whichever occurs
first Developer or their successors shall cause Owner to dedicate or make an
irrevocable offer of dedication to the City for the Cannon Road right-of-way and Lot 82
for a permanent South Agua Hedionda interceptor sewer lift station located on Lot 82
or as negotiated with the developer or their successors. All land so offered shall be
granted to the City free and clear of all encumbrances with the exception of existing
utility easements and without cost to the City. The City will only accept any irrevocable
offer of dedication for Lot 82 if all required regulatory permits have been issued for the
lift station.
E. Amend Condition No. 61D Planning Commission Resolution No. 4963 (CT 97-16(A))
Construct full Major Arterial improvements to Cannon Road, induding the landscaped
raised median, from the southerly boundary of Kelly Ranch Village ‘E” (CT 96-07) to
the southerly boundary of CT 97-l 6(A).
If the Kelly Ranch Core Area project does not go forward and as a result the City
elects to construct Cannon Road, and surcharges Cannon Road to accommodate the
Kelly Ranch Core Area project, then the Developer of the Kelly Ranch Core Area shall
complete their frontage improvements when the Developer goes fonnrard with the core
area project. Developer has agreed that any additional costs to surcharge Cannon
Road to accommodate the Kelly Ranch Core Area project shall be assumed solely by
the developer.
If the Kelly Ranch Core Area project does not go forward and as a result the City elects to construct Cannon Road, without surcharging Cannon Road to accommodate
-3-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
the Kelly Ranch Core Area project, then when such core area project does go forward
the Developer of the Kelly Ranch Core Area shall redesign (i.e., pull back or implement
some other mitigation measure to the satisfaction of the City Engineer) the slopes
along Cannon Road so that the slopes do not negatively impact Cannon Road due to
soil settlement; and, the Developer shall also complete their frontage improvements
when the developer goes forward with the core area project. If the Kelly Ranch Core
Area slopes along Cannon Road have to be redesigned pursuant to this condition,
then the project may be required to go back before Planning Commission and/or City
Council for amendment.
The developer has entered into a reimbursement agreement dated December 15,
1998 and shall be eligible for fee credit and/or reimbursement for their portion of the
Cannon Road common improvements as defined in the Cannon Road West Bridge &
Thoroughfare District.
F. Add condition to Planning Commission Resolution No. 4965 (CDP 97-43(A))
Prior to the issuance of a grading permit, the Developer or their successors shall
obtain approval of a fire suppression plan consistent with the Mello II segment of the Local Coastal Program from the Carlsbad Fire Department.
G. Add condition to Planning Commission Resolutions Nos. 4965 (CDP 97-43(A)), 4967
(CDP 98-66(A)) and 4969 (CDP 98-70(A))
Public vista points and trails shall be provided as shown on the approved exhibits.
H. Add condition to Planning Commission Resolutions No. 4967 (CDP 9866(A)) and 4969
(CDP 98-70(A))
Building setbacks and heights shall be provided as shown on the approved exhibits. In
addition, exterior wall and roof colors shall be of low intensity earth or vegetative tones.
Stucco with accent material such as tile, natural stone, or other compatible natural
materials shall be preferred. Roof wlors shall be low intensity wlors which blend with the environmental setting of the project.
I. Add condition to Planning Commission Resolutions No. 4967 (CDP 9868(A)) and 4969
(CDP 9&70(A))
Prior to the issuance of a grading permit, the Developer or their successors shall
submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan
showing conformance with the approved Preliminary Landscape Plan, the City’s
Landscape Manual, and the Mello II segment of the Carlsbad Local Coastal Program.
The Developer or their successors shall construct and install all landscaping as shown
on the approved Final Plans, and maintain all landscaping in a healthy and thriving
condition, free from weeds, trash, and debris.
3. This action shall become effective upon concurrence by the California
Coastal Commission with the Executive Director’s report of acceptance of the suggested modifications for Carlsbad LCPA 2-99D [reference Carlsbad LCPA 97-09(A)] as submitted by
the City of Carlsbad. The provisions of Chapter 1 .I 6 of the Carlsbad Municipal Code, “Time Limits for Judicial Review” shall apply:
I . . . .
-4-
1 “NOTICE TO APPLICANT
2
3
5
6
7
8
9
10
11
12
13
14
15
16
18
23
24
25
26
27
28
The time within which judicial review of this decision must be sought is
governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code
Chapter 1.16. Any petition or other paper seeking review must be filed in the appropriate court not later than the nineteenth day following the date
on which this decision becomes final; however, if within ten days after the
decision becomes final a request for the record of the deposit in an amount sufficient to cover the estimated cost or preparation of such
record, the time within which such petition may be filed in court is
extended to not later than the thirtieth day following the date on which the
record is either personally delivered or mailed to the party, or his attorney
of record, if he has one. A written request for the preparation of the
record of the proceedings shall be filed with the City Clerk, City of
Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008.”
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 12th day of June I 2001, by the following vote,
to wit:
AYES: Council Members Lewis, Finnila, Nygaard, and Hall.
NOES: None -
ABSENT: Council Member Kulchin.
-UX&AINE M. WOOD, City Clerk
(SEAL)
/
-5-