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Home My WebLink About1987-07-07; City Council; 9083; Kelly request - grade city owned landCITI'OF CARLSBAD - AGEND" BILL TITLE. REQUEST FOR PERMISSION TO DEPT. HD. . GRADE ON CITY OWNED LAND - KELLY HTG.7/7/87 IEPT. PLN I I RECOMMENDED ACTION: Staff is recommending that the City Council allow a minor grading encroachment from the Kelly property into Macario Canyon, providing it is done in a manner which will be sensitive to future park uses. ITEM EXPLANATION The Kelly's are requesting the City Council to allow some offsite grading onto a City owned hillside, which is part of Macario Canyon Park. The Kelly's property located just northwest of College Boulevard, is adjacent to Macario Canyon Park (map attached) and is approximately .5 acres in size. To make a usable pad, the Kelly's would need to do some offsite grading into the City owned Macario Canyon. The grading would occur on an unusable hillside of the park. The Kelly's property is in the Airport Influence Area and since it is under 25 acres in size, a site development plan would be required prior to any kind of development. In addition, the Local Facilities Management Plan for Zone 5 would also have to be completed before they could submit a site development plan. The Kelly's would like to get some indication from the Council if it will be possible to obtain offsite grading rights into Macario Canyon before they spend a lot of money on plans. Staff is recommending that Council allow the potential for grading on these City slopes providing that the grading would be sensitive to the hillside and to views from future uses in the park. The details of grading would be worked out at the time the site development plan is processed. If Council concurs with staff's recommendation, they would only be permitting the possibility of encroachment rights. The Kelly's would still have to satisfy all specific concerns. ENVIRONMENTAL REVIEW No environmental review is necessary at this time. An initial study would be required at the time a site development plan is submitted. FISCAL IMPACT There would be no fiscal impact at this time. An additional fiscal impact review would take place at the time the site development plan is processed. I Page Two of Agenda Bill No. 98& EXHIBITS 1) Location Map 2) Letter from the Kelly's, dated 3une 19, 1987 3) Letter from the Kelly's, dated 3une 12, 1987 - 61 - N 0 z m HlYON 4 V 1181HX3 ROBERT PAT KELLY 2770 Sunny Creek Road Carlsbad, Calif. 92008 (619) 438-3890 RICHARD C. KELLY 2320 Via Subria Vista, Cal i 1:. 92084 ( 6 19 940-9269 b I.-lonarable i"iavor and Piembcrs of. the Ctxtnci i :: - Cii:ter havi nq met 4-41 th Playor Buddy Lewl E, and Char I i e (3-1 mm on I hui-!zdav? June IY!, we have decided to remave request number- one .from ciur letter c2.f June F' -3 li?t3? where1 n we requested that Counczi I rc?;i. 1 EVE LA:; of the r-equi r-ement that we pr-oc:e~.s a si. te devel opment plan nn our one-ha1 + acre parce.i oi: I and on CoI i eue Bou:l. E:..vard ~3r-i. cjr tn i :;E.ctanc:e n+ a qr-adi rtq per!ni. t _'.. s 1 1-1 "/"9" I y p ROBERT PAT KELLY 2770 Sunny Creek Road Car 1 sbad , Cal i f . 92008 ( 6 19 438-3890 RICHARD C. KELLY 2320 Via Subria Vista, Calif I 92084 6 19) 940-9269 June 12, iY8'7 Carlsbad City Cocinci I i 20i> El m Avanue Car l sbacl Chl i for n i a 92608 Honorabl. e Mayor and Members of the Counci l : We are the owners of a one-half acre parcel aS Industrially zoned land adjacent to the section 0.4: Collegc2 Boulevard presently bei ng con!structed het.ween Pal omar Ai rport Road and El Camino I3ea:L. kle have been attempting to process a grading plan through C:ity StafS in order t.o accept fill dirt an ciur lot prior to the compl. et i on of Chl I eqe Eoul evard ,. The Ci tv Planning Uepartment te3. Is cis that we must prac:ess a si te development. pl an pri or to ubt.ai ni ng the gradi nq permi t regar-dl.ess of the fact that there ar-e no plans to construct any buildings on our site. We wish only to grade it. We mai::e the fol.lowinq two requests of the City Cocinci 1: 1 i 'That. the Co~inci 1 re1 ieve us of City Sta+f' 5 requirement. that we mt-iE:t pr-oc:ess a site development plan beforc a grading permi t can be i ssired I 2J U3.timate approval. to grade on City property must be given by the Council. Permission has been granted by the Carlsbad F'arks and Recreation Commission for us lzo grade on Macar i o Canyon Pari:: . We ask:: that the Council also approve this r e qites t We have discussed this matter with Marty Urenyai::. He informs r.\:3 that StafS does not have the authority to waive the site devel. opment 1-71, an requi rement but that they woc.il d not oppose Counci 1 :' s granting our request. WE? wou:td be pleased to discuss this issue individually with Counci 1 members prior to the Council meeting. ROBERT PAT KELLY 2770 Sunny Creek Road Car 1 sbad , Cal if . 92008 (6 19 1 438-3890 June 19, 1987 RICHARD C. KELLY 2320 Via Subria Vista, Calif. 92004 6 19 940-9269 t-lonw-able Mavoi- and i'lembers af the Cuunci 1 : After having met with I'iayor Buddy Lewis and Charlie Grimm an -l"hc.trsday, June 18!, we have decided to remove request number- one from our letter of June 12? 198'7 wherein we requested t.hat. Counci 1 re]. ieve ~5% of: the requirement that ~4e process a site devel opment pi an {xi oc.tr one-ha1 .f acre parc:e:t a+ 1 and on Coli eGje Bou:Levard prior tc:, iscuance i,C a grading pertnit. bJe respectfc.11. 1 Y request .khat request number twa, whei-ei n we requ6s:;t per-rni ssion lza grade cm Ci tv proper-ty, be pI. aced on the Cuunci 1 ? s agenda as soon as passi bl e. Yucrr- c:ontinuing cooperation i cj appreciated. Si ncerel Y , ;3