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HomeMy WebLinkAbout1999-01-26; City Council; 15026; Kelly Ranch Village EKELLY RANCH VILLAGE “E” CDP 96-13(A) RECOMMENDED ACTION: I That the City Council ADOPT Resolution No. 9% 33 APPROVING Coastal Develop- ment Permit, CDP 96-13(A). ITEM EXPLANATION: On December 2, 1998, the Planning Commission conducted a public hearing and unanimously recommended approval of the amendment to the Coastal Development Permit to allow winter grading on the Kelly Ranch Village “E” site. The proposed grading is for the construction of the Village “E” development as well as for Cannon Road. Concurrent with the construction of Village “El’, on an as needed basis, dirt from the Village “E” site is used for the construction of Cannon Road. The Planning Commission recommendation for approval limits the Village “E” onsite grading to the same time frame as Cannon Road. The request complies with all applicable ordinances and policies. More detailed information is included in the attached staff report to the Planning Commission. ENVIRONMENTAL REVIEW: Allowing winter grading was implied and encouraged in the environmental analysis and Mitigation Monitoring and Reporting Program approved for the project in January 1998. A notice of Prior Compliance was issued by the Planning Director. FISCAL IMPACT: No fiscal impact to the City will result from an allowance to grade intro the winter grading season. EXHIBITS: 1. City Council Resolution No. 9 9 * 33 2. Location Map 3. Planning Commission Resolution No. 4430 4. Planning Commission Staff Report, dated December 2, 1998 5. Excerpts from Planning Commission Minutes, dated December 2, 1998. . RESOLUTION NO. 99-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT AMENDMENT TO ALLOW WINTER GRADING IN THE COASTAL ZONE AND IN LOCAL FACILITIES MANAGEMENT ZONE 8. CASE NAME: KELLY RANCH VILLAGE “E” CASE NO.: CDP 96-13(A) follows: The City Council of the City of Carlsbad, California, does hereby resolve as WHEREAS, on December 2, 1998, the Planning Commission held a duly noticed public hearing to consider a Coastal Development Permit Amendment for grading during the winter grading season and adopted Planning Commission Resolution No. 4430 recommending to the City Council that the Coastal Development Permit be approved; and WHEREAS, the City Council of the City of Carlsbad, on the 26th day of January , 1999, held a duly noticed public hearing to consider the recommendation and heard all persons interested in or opposed to CDP 96-13(A); and 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 recommendation of the Planning Commission of Coastal Develop- ment Permit CDP 96-13(A) is approved and that the findings and conditions of the Planning Commission contained in Planning Commission Resolution No. 4430 on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council. 3. This action is final the date this resolution is adopted by the City Council. The provisions of Chapter 1 .I6 of the Carlsbad Municipal Code, “Time Limits for Judicial Review” shall apply: “NOTICE TO APPLICANT “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 judicial 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 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 I , -” 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 26th day of January 1999, by the following vote, to wit: AYES: Council Members Lewis, Hall, and Finnila NOES: None il Members Nygaard and Kulchin ATTEST: ALETHA L. RAtiTEN (SEAL) -2- 3 - EXHIBIT 2 SITE KELLY RANCH VILLAGE “E” CDP 96=13(A) - EXHIBIT 3 1 1 PLANNING COMMISSION RESOLUTION NO. 4430 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO COASTAL DEVELOPMENT PERMIT NUMBER CDP 96-13 TO ALLOW ONSITE GRADING WITHIN THE WINTER SEASON ON PROPERTY GENERALLY LOCATED EAST OF EL CAMINO REAL AND SOUTH OF FUTURE CANNON ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 8. CASE NAME: KELLY RANCH VILLAGE “E” CASE NO.: CDP 96- 13 8 9 10 11 12 13 14 15 16 17 WHEREAS, Kelly Land Company, Inc., “Developer”, has tiled a verified application with the City of Carlsbad regarding property owned by Kelly Land Company, Inc., “Owner”, described as Portions of lots I and F of Ranch0 Agua Hedionda, in the County of San Diego, State of California, according to map thereof No. 823, filed in the office of the County Recorder of said San Diego . County, November 16,1896. (“the Property”); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit Amendment as provided by Chapter 21.201.046 of the Carlsbad Municipal Code; and 19 20 21 22 23 24 WHEREAS, the City of Carlsbad approved the Kelly Ranch Master Plan in September 1984 in conformance with the Mello II and Agua Hedionda Lagoon segments of the Carlsbad Local Coastal Program; and WHEREAS, the California Coastal Commission approved the areas and type of development within the Kelly Ranch through the approval of Coastal Development 25 Permit 6-84-617 which approved the Kelly Ranch Master Plan with amendments; and 26 . . . 27 28 5 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 - WHEREAS, the City of Carlsbad approved CDP 96-13 on April 7, 1998 b! City Council Resolution No. 98-68 which adopted Planning Commission Resolution No. 4228; and WHEREAS, portions of the project site are adjacent to an area of wetland 1 habitat ; and WHERAS, that area of wetland habitat contains species which should be protected during their breeding season which is approximately March through September; and WHEREAS, the Planning Commission did, on the 2nd day of December, 1998, hold a duly noticed public hearing as prescribed by law to consider said amendment request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to CDP 96-13(A). NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commksion of the City of Carlsbad as follows: 4 That the foregoing recitations are true and correct. W That based on the evidence presented at the public hearing, the Commission COMMENDS APPROVAL of KELLY RANCH VILLAGE “E” CDP 96- 13(A), based on the following findings and subject to the following conditions: FindinpB: 1. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that the proposed development of Village “E” is consistent with the requirements of the Kelly Ranch Master Plan which was approved by the California Coastal Commission per Coastal Development Permit 6-84-617. PC RESO NO. 4430 -2- II c. 1 2. That the proposed amendment to specifically allow grading within the winter season 2 II is consistent with the Kelly Ranch Master Plan in that the master plan allows winter grading with proper erosion control. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. That grading for the Cannon Road component of the project during the winter season is preferred in that grading during March through September may interfere with the breeding season of the least Bell’s vireo. 1. This approval is subject to all conditions of approval for CDP 96-13 contained in Planning Commission Resolution No. 4228, which are incorporated herein by reference except as modified below: A. Grading is permitted on the CT 96-07 (Kelly Ranch Village “E’) site within the 1998 winter grading season until dirt is no longer needed for the construction of Cannon Road as determined by the Public Works Director. In no case shall grading be permitted onsite beyond January 31, 1999 unless the Coastal Development Permit issued by the California Coastal Commission has been extended beyond January 31,1999. B. All offsite, downstream improvements shall be constructed prior to the issuance of a grading permit onsite. C. Storm drain facilities consistent with the Master Drainage Plan shall be installed as required by the City Engineer. D. Soil erosion control practices shall be used against “onsite” soil erosion to the satisfaction of the City Engineer. E. Offsite drainage shall be prevented through sediment control. Control methods shall be shown on the grading plans to the satisfaction of the City Engineer and shall be installed prior to commencement of grading. PC RESO NO. 4430 -3- PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 2nd day of December 1998, by the following vote, to wit: AYES: Chairperson Noble, Commissioners Compas, Heineman, Nielsen, Savary, and Welshons NOES: ABSENT: Commissioner Monroy ABSTAIN: BAILEY NOB@, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RESO NO. 4430 -4- -. - The City of CARLSBAD Planning Department EXHIBIT 4 A REPORT TO THE PLANNING COMMISSION Item No. 1 Application complete date: October 8, 1998 P.C. AGENDA OF: December 2, 1998 1 Project Engineer: Mike Shirey SUBJECT: CDP 96-13(A) - KELLY RANCH VILLAGE “E” - Request for a recommenda- tion of approval for an amendment to Coastal Development Permit CDP 96-13 to allow grading within the winter season as defined by the Mello II segment of the Carlsbad Local Coastal Program on approximately 45 acres of land generally located south of Cannon Road and west of El Camino Real in Local Facilities Management Zone 8. I. COMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 4430 RECOMMENDING APPROVAL of an amendment to Coastal Development Permit CDP 96- 13(A) based on the findings and subject to the conditions found therein. II. INTRODUCTION The requested amendment is to explicitly allow the project to grade during the winter months. III. PROJECT DESCRIPTION AND BACKGROUND The Kelly Ranch Village “E” project was approved by the Planning Commission in January 1998 and the City Council in April 1998. Although it was implied in the approving resolution, there was no condition in the resolution which allowed grading on the site during the Coastal Program designated winter season. This amendment will add a condition which allows grading on the project site during the winter season. The need to allow winter grading on the site comes from the site’s connection to the construction of Cannon Road. Because of Cannon Road’s adjacency to least Bell’s vireo habitat, construction of Cannon Road has been restricted to that time period which is outside of the least Bell’s vireo breeding season (summer) and the construction of Cannon Road requires dirt from the development area of Village “E”. Therefore, grading must be allowed within the Village “E” area of development to coincide with the development schedule of Cannon Road. It is anticipated that the grading necessary to acquire Cannon Road dirt within Village “E” will be completed in mid December of 1998. Staff has recommended that grading be allowed within Village “E” through the month of December 1998 to accommodate the anticipated schedule and a short period of time thereafter for over-runs. 9 CDP 96-13(A) - KELLY RANCH VILLAGE “E” December 2, 1998 IV. ANALYSIS A. Coastal Development Regulations This project site is located within the Mello II segment of the City’s Local Coastal Program and is subject to the land use policies and implementing ordinances which are a part of that segment. One of the requirements of this Coastal Program is a standard limitation on winter grading (October 1 through April 1). This standard condition is applied to prevent excessive erosion and/or sedimentation into sensitive areas. The combination of winter grading prohibition and avoidance of the least Bell’s vireo breeding season (summer) creates a timing conflict. This conflict is best resolved by adhering to the least Bell’s vireo nesting season and allowing winter grading with appropriate safeguards. Grading is scheduled to be completed during the early winter season and can be accomplished with no negative consequences to the site or neighboring sites. The City’s grading ordinance (Title 11 of the Carlsbad Municipal Code) contains numerous regulations which govern grading activities, including regulations specifically for grading occurring during the rainy season. The Engineering Department has concluded that these existing regulations are sufficient to prevent unacceptable erosion/sedimentation and/or other impacts to the project site or the surrounding areas. These measures ensure that detailed plans of all protective drainage and erosion control measures meet with the approval of the Engineering Department. In addition, standard grading regulations require the revegetation of all cut slopes to further reduce potential erosion damage. V. ENVIRONMENTAL REVIEW Allowing winter grading was implied and encouraged in the environmental analysis and Mitigation Monitoring and Reporting Program approved for the project in January 1998. A notice of Prior Compliance was issued by the Planning Director. ATTACHMENTS . . 1. Planning Commission Resolution No. 4430 2. Location Map 3. Planning Commission Resolution No. 4228 dated January 1998 4. Disclosure Statement CW:eh:mh 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 PLANNING COMMISSION RESOLUTION NO. 4228 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF COASTAL DEVELOPMENT PERMIT NO. CDP 96-13 FOR THE DEVELOPMENT OF A 153 LOT SUBDIVISION ON PROPERTY GENERALLY LOCATED EAST OF EL CAMINO REAL AND SOUTH OF FUTURE CANNON ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 8. CASE NAME: KELLY RANCH VILLAGE “E” CASE NO.: CDP 96- 13 WHEREAS, Kelly Land Company, Inc., “Developer”, has filed a verified application with the City of Carlsbad regarding property owned by Kelly Land Company, Inc., “Owner”, described as Portions of lots I and F of Ranch0 Agua Hedionda, in the County of San Diego, State of California, according to map thereof No. 823, filed in the office of the County Recorder of said San Diego County, November 16,1896. (“the Property”); and WHEREAS, said verified application -constitutes a request for a Coastal Development Permit as shown on Exhibit(s) “A” - “XX” dated January 21, 1998,0n file in the Planning Department, Kelly Ranch Village “E” CDP 96-13 as provided by Chapter 21.201.040 of the Carlsbad Municipal Code; and WHEREAS, the City of Carlsbad approved the Kelly Ranch Master Plan in September 1984 in conformance with the Mello II and Agua Hedionda Lagoon segments of the Carlsbad Local Coastal Program ; and WHEREAS, the California Coastal Commission approved the areas and type of development within the Kelly Ranch through the approval of Coastal Development Permit 6-84-617 which approved the Kelly Ranch Master Plan with amendments; and 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 - WHEREAS, the Planning Commission did, on the 21st day of January, 1998, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to CDP 96-13. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of Kelly Ranch Village “E” CDP 96-13, based on the following findings and subject to the following conditions: FindinPs: 1. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that the proposed development of Village “E” is consistent with the requirements of the Kelly Ranch Master Plan which was approved by the California Coastal Commission per Coastal Development Permit 6-84-617. Conditions: 1. Staff is authorized and directed to make, or require Developer to make, all corrections and modifications to the Coastal Development Permit document(s), as necessary, to make them internally consistent and in conformity with final action on the project. Development shall occur substantially as shown in the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 2. Building permits shall be issued for this project within two (2) years of approval or this coastal development permit will expire unless extended per Section 21.201.210 of the Zoning Ordinance. 3. Prior to the issuance of building permits, a grading permit issued by the City Engineer shall be approved. 4. This approval is subject to the approval of Carlsbad Tract CT 96-07 and all conditions of Planning Commission Resolution No. 4225 are incorporated herein by reference. PC PESO NO. 4228 -2- /a 5. This approval will become null and void with the expiration, withdrawal, or denial of CT 96-07. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 21st day of January 1998, by the following vote, to wit: AYES: Chairperson Noble, Commissioners Compas, Heineman, Monroy, Nielsen, Savary, and Welshons NOES: ABSENT: ABSTAIN: / BAILEY NOB%, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HtiZMItiER Planning Director PC RESO NO. 4228 -3- /3 DISCLOSURE STATEMENT Applicant’s statement or disclosure of certain ownership intcmsrs on all appiications which will require discretionary action on the part of the City Council or any appointed Bosrd. Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Pcnoa is decked as uAny individual firm, cqmrkws@, joim vuuure, ass&&an, social club, fratenral orpizntion, coqmmtion,csrarc, trust. receiver,syadicatn, inthisandany othcrxotmty,city and anwy,city municipality,disainoro~~paiitieal~divisioDoranyorbagrouporannb~oo~gssaImit" ~gcaemaysignthisdoarmmt;koweva,thtI~lwneandcntityaf~~applicamaadpmpmyown~munbe provided below. 1. APPLICANT (Not the yrplicanr's mr) Provide the COMPLETE, LEGAL names and addresses of &,& penons having a financial interest in the application. If the appiicant inciudes a co&on or uannershio, include the names. title. addresses of ail individuak owning more than loo/o of the shans. IF NO INDIVIDUALS OWN MORE ‘I-HAN 10% OF THE SHAKE!k PLEASE INDLCATE NON- APPLICABLE (N/A) M THEZ SPACE BELOW- If a publiclv-owned cornoration. in&de the names, titles. and addresses of the tmporatt officers. (A separate page may be attached if IteCeSSll~.) Person Corp/PanShea Homes Limited Partnership Title Title Address Address10721 Treena Street, Ste. 200 San DPego, CA 92131 2. OWNER (Not rhe owner’s agent) Provide tie COMPTXTE. LEGAlt, namer and addresses of && persons having any ownexship interest in rhc prupcrty invokd. Also, provide the nanue of the legal ownership (i.e. partnership, tenants in common, non-prof% corporation, etc.). If the ownemhip includes a coruor;rtion or MVmershiD, include the names. title. addresses of all individuals owing mom than 10% ofthe shares. fFN0 MDJVIDUALS OWN MORETHAN 10% OF TFJE SHARES, -' PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publici+ owned coroozation. include the names. titles. and addresses of the corporare officers. (A separate page may be attached if necessary.) PCKOll Title Address corp/ptiShea Homes Limited Partnership Title Addtess Treena Street, Ste. 200 San Diego, CA 92131 2075 Las Pqlmas 0~ - Car~ch~r( r a nbrm~-q C-C _ I---. .A- - _ -. -. . , - 1 - 3. NON-PROFIT ORGANIZATfON OR TRUSr If any person identified PWSUMC to (1) Or (2) above is a nonorofit orpanization or a mst, list the names and addresses of ANY person serving a~ an officer or director of the non-profit orgtizuion or as trustee or beneficiary of the. Non kOfifiNSI Non Pmfflrust Title Title- Address Address 4. Have you had more than 5250 worth of business tmnuct4 with auy member of City staff. Boards. Commissions, Committees and& Council within the pasr nudve (12) months? cl Yes 13 No If yes, please indicate person(s): NOTE: Attach additional she& if nwcssaty. 1 certify that all the above info&n is true and co- to the best of my knowledge. zJmA34 &nature of owner/date y/ ,l!dw =a: . Rwsell c. Hauy Print or type name of ~wnec Russell C. Xaley Print or type name of applicanr Signature of owner/applicant’s agent if applicable/date Print or type name of owner/applicant’s agent H:ADMIN\COUNTER\DlSCLOSURE SfATEMENT 8!98 Paae 2 of 2 PLANNING COMMISSION December 2,1998 EXHIBIT 5 Page 2 PUBLIC HEARING: 1. CDP 96.13(A) - KELLY RANCH VILLAGE “E” - Request for a recommendation of approval for an amendment to Coastal Development Permit CDP 96-13 to allow grading within the winter season as’ defined by the Mello II segment of the Carlsbad Local Coastal Program on approximately 45 acres of land generally located south of Cannon Road and west of El Camino Real in Local Facilities Management Zone 8. Assistant Planning Director, Gary Wayne, introduced this item and stated that Associate Planner, Christer Westman would present the staff report. Project Planner, Christer Westman presented the staff report and described this item as follows: The reference to the applicant being Kelly Land Company is incorrect. The owner and applicant is Shea Homes, who purchased the property form Kelly Land Company. The project is a request for an amendment to a Coastal Development Permit to allow onsite grading during the Coastal Program designated winter season. The proposed grading will also benefit the construction of Cannon Road. Cannon Road has a Coastal Development Permit issued by the California Coastal Commission which allows construction during the “winter” period. The allowance to grade during the winter is in order to protect the breeding season of the least Bell’s vireo. Cannon Road’s connection to the project is that the construction of Cannon Road requires dirt from Kelly Ranch Village ‘E”. Therefore, staffs recommendation is to allow winter grading, onsite. Staff has distributed a memo to the commissioners requesting that a condition tie the time limits for grading on the Village “E” property to the Cannon Road time limits. Mr. Westman read the condition. January 31, 1999 is the date that the Cannon Road project has to complete its grading. Because there is some potential for time delays, staff thought that it would be prudent to allow some flexibility at the discretion of the Public Works Director, to allow Cannon Road to acquire dirt from the Shea Homes site. Mr. Westman stated that if the Commission concurs with the staff recommendation of approval, the Resolution will need to be changed in the recitals referring to Shea Homes as the owner and applicant and there would also need to be a change to Condition 1A to the language stated above. There is also a new disclosure statement attached to the memorandum identifying Shea Homes as the new owner which will replace the original disclosure statement identifying the Kelly Land Company as the property owner. Commissioner Compas asked how the applicant could or would extend the grading permit, should it be necessary to do so. Mr. Westman replied that there would have to be two requests; one would be for the Cannon Road project itself through the California Coastal Commission, initiated by the City since it is a City project and the other would be for an extension beyond January 31, 1999 to this Commission. Mr. Westman added that there have been discussions with the construction superintendent for the Shea project and they are anticipating that they may be able to finish their grading before December 31, 1998. However, in case there are rain delays, staff has recommended that the Public Works Director be able to monitor their progress and allow them to go as far as January 31, 1999, if needed. Staff is anticipating that their grading will be completed by December 31, 1998. Commissioner Compas asked what the probability is that the grading would go beyond January 31, 1999. Mr. Westman replied that, in his opinion, the probability is very very low for this project. Chairperson Noble stated that the applicant has the right to be heard by a full Commission and asked the applicant if he was willing to have this item continue with the six Commissioners present. MINUTES /b ’ PLANNING COMMISSION December 2,1998 Page 3 The applicant agreed to have this item heard by the six Commissioners present. Chairperson Noble opened Public Testimony and offered the invitation to speak. See no one wishing to testify, Chairperson Noble closed Public Testimony. ACTION: Motion by Commissioner Compas, and duly seconded, to adopt Planning Commission Resolution No. 4430, recommending approval of an amendment to Coastal Development Permit CDP 96-13(A), based upon the findings and subject to the conditions contained therein, including the corrections and additions as stated in the memorandum from staff dated 12-2-98. VOTE: AYES: NOES: ABSTAIN: 6-O Noble, Heineman, Savary, Welshons, Compaq and Nielsen None None NOTICE OF PUBLIC HEARING DESCRIPTION: COMPLETE DATE: October 8, 1998 Request for approval of an amendment to Coastal Development Permit CDP 96-13 to allow grading within the winter season as defined by the Mello II segment of the Carlsbad Local Coastal Program on approximately 45 acres of land. LOCATION: This project is within the City of Carlsbad’s Coastal Zone located south of Cannon Road and west of El Camino Real in Local Facilities Management Zone 8. ASSESSOR’S PARCEL NUMBER: 208-020-30 APPLICANT: Shea Homes San Diego, Inc. 10721 Treena Street, Suite 200 San Diego, Ca 9213 1 A public hearing on the above proposed project will be held by the City Council in the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, on January 26, 1999, at 6:00 p.m. Persons are cordially invited to attend the public hearing and provide the decision makers with any oral or written comments they may have regarding the project. The project will be described and a staff recommendation given, followed by public testimony, questions and a decision. Copies of the staff report will be available on or after January 22, 1999. If you have any questions, or would like to be notified of the decision, please contact Christer Westman at the City of Carlsbad Planning Department, Monday through Thursday 7:30 a.m. to 5:30 p.m., Friday 8:00 a.m. to 5:00 p.m. at 2075 Las Palmas Drive, Carlsbad, California 92009, (760) 438-l 161, extension 4448. APPEALS If you challenge the Coastal Development Permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad City Clerk’s Office prior to the public hearing. 1. Auueals to the Citv Council: Where the decision is appealable to the City Council, appeals must be filed in writing within ten (10) calendar days after a decision by the Planning Commission. 2. Coastal Commission Appealable Project: q This site is located within the Coastal Zone Appealable Area. 0 X This site is not located within the Coastal Zone Appealable Area. Where the decision is appealable to the Coastal Commission, appeals must be filed with the Coastal Commission within ten (10) working days after the Coastal Commission has received a Notice of Final Action from the City of Carlsbad. Applicants will be notified by the Coastal Commission of the date that their appeal period will conclude. The San Diego office of the Coastal Commission is located at 3 111 Camino De1 Rio North, Suite 200, San Diego, California 92 108-1725. CASE FILE: CDP 96-13(A) CASE NAME: KELLY RANCH VILLAGE ‘E’ PUBLISH: JANUARY 16,1999 KELLY RANCH VILLAGE CDP 96=13(A) -. (Form A) TO: CITV CLERK’S OFFICE FROM: PLANNING DEPARTMENT RE: PUBLIC HEARING REQUEST Attached art the materfals necessary for you to notide CDP 96-13(A) - Kelly Ranch Village "E" for a public hearing before the City Council. Please notice the item foi the council meeting of First Available Hearing . Thank you. Assistant City Han-- . December 31, 1998 Date c. 1 Carlsbad Village Drive ad, California 92008-l 989 DAVID J. KOLDA 4833 FLYING CLOUD WAY CARLSBAD CA 92008 1 Carlsbad Village Drive ad, California 92008-l 989 TRISH GAPIK 4831 FLYING CLOUD WAY CARLSBAD CA 92008 Xv of Carlsbad 10 Carlsbad Village Drive Dad, California 92008-l 989 MARJORIE ROSENFELD 4793 FLYING CLOUD WAY CARLSBAD CA 92008 VIRGINIA K ROBERTSON 5056 EL CAMINO REAL CARLSBAD CA 92008-3772 MARVIN H & LUCIA SIPPEL 1287 VERA CRUZ OCEANSIDE CA 92056-5663 ROBERT C NOWAKOWSKI TIMOTHY & KELLY HUCKABY ROBERT J WILSON 5158 FROST AVE 5154 FROST AVE 5150 FROST AVE CARLSBAD CA 92008-3837 CARLSBAD CA 92008-3837 CARLSBAD CA 92008-3837 JOHN W SCHOENING 5 146 FROST AVE CARLSBAD CA 92008-3837 RICHARD & LOU ROSENFELD 5134 FROST AVE CARLSBAD CA 92008-3837 PAUL A CERVONE 5124 FROST AVE CARLSBAD CA 92008-3837 FRED B HOLZWORTH 5114 FROST AVE CARLSBAD CA 92008-3837 SHEA HOMES LTD PARTNERS STE 200 10721 TREENA ST SAN DIEGO CA 92131-1039 FRED LORENTSEN 4866 PARK DR CARLSBAD CA 92008 PAM WHITCOMB STE 206 2011 PALOMAR AIRPORT RD CARLSBAD CA 92009 WESTERN LAND & DEVELOPMENT 5200 EL CAMINO REAL CARLSBAD CA 92008-7118 SHEA HOMES LP STE 200 10721 TREENA ST SAN DIEGO CA 92131 KELLY LAND CO CARLSBAD 35 LLC STE 206 3002 DOW AVE 2011 PALOMAR AIRPORT RD TUSTIN CA 92780-7233 CARLSBAD CA 92009-l 432 DAVID & LORI RESETCO 5 142 FROST AVE CARLSBAD CA 92008-3837 KENNETH B & CINDY KENG 5132 FROST AVE CARLSBAD CA 92008-3837 MICHAEL A ROTH 5120 FROST AVE CARLSBAD CA 92008-3837 JEROME 5110 FROST AVE CARLSBAD CA 92008-3837 TRISH GAPIK 4831 FLYING CLOUD WY CARLSBAD CA 98008 MARILYN WINSLOW 4896 ALONDRA WY CARLSBAD CA 92008 JENNIFER DAVIDSON 1807 VALENCIA AVE CARLSBAD CA 92008 CURTIS S WOOLLEY 5138 FROST AVE CARLSBAD CA 92008-3837 ERIC 81 DIANA HANDOJ 5128 FROST AVE CARLSBAD CA 92008-3837 DAVE S & KATHLEEN THOMAS 5118 FROST AVE CARLSBAD CA 92008-3837 EVENS POINT HOMEOWNERS STE 200 10721 TREENA ST SAN DIEGO CA 92131-1039 BILL DAUGHERTY 620 CONCORD PL SAN MARCOS CA 92069 HELGE WEISSIG PO BOX 230754 ENCINITAS CA 92023-0754 LISA & JOE MURPHY 4666 PANNONIA RD CARLSBAD CA 92008 DEE KAULBACH #2 4519 COVE DR CARLSBAD CA 92008 -. CA COASTAL COMMISSION SD COUNTY PLANNING CA DEPT OF FISH & GAME STE 200 STE B STE 50 3111 CAMINO DEL RIO NO 5201 RUFFIN RD 330 GOLDENSHORE DR SAN DIEGO CA 92108-l 725 SAN DIEGO CA 92123 LONG BEACH CA 90802 REGIONAL WATER QUALITY BRD SANDAG STE B STE 800 9771 CLAIREMONT MESA BLVD 401 BST SAN DIEGO CA 92124-1331 SAN DIEGO CA 92101 LAFCO 1600 PACIFIC HWY SAN DIEGO CA 92101 AIR POLLUTION CNTRL DIST 9150 CHESAPEAKE DR SAN DIEGO CA 92123 CARLSBAD UNIFIED SCHOOL DIST 801 PINE ST CARLSBAD CA 92008 CITY OF CARLSBAD WATER DISTRICT CITY OF CARLSBAD CITY OF CARLSBAD PUBLIC WORKS/COMMUNITY SRVS PUBLIC WORKS/ENGINEERING DEPT DEPT CITY OF CARLSBAD PROJECT PLANNER CHRISTER WESTMAN POTICE OF J’uJJJC HEARING COMPLETE DATE: October S. 1998 DESCRIPTION: Request for approval of an amendment to Coastal Development Permit CDP 96-13 to allow grading within the winter season as defined by the Mello II segment of the Carlsbad Local Coastal Program on approximately 45 acres of land. LOCATION: This project is within the City of Carlsbad’s Coastal Zone located south of Cannon Road and west of El Camino Real in Local Facilities Management Zone 8. ASSESSOR’S PARCEL NUMBER: 208-020-30 APPLICANT: Shea Homes San Diego Inc. 1072 1 Treena Street, Suite 200 San Diego, CA 92131 A public hearing on the above proposed project will be held by the Planning Commission in the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, on December 2, 1998 at 6:00 p.m. Persons are cordially invited to attend the public hearing and provide the decision makers with any oral or written comments they may have regarding the project. The project will be described and a staff recommendation given, followed by public testimony, questions and a decision. Copies of the staff report will be available on or after November 30, 1998. If you have any questions, or would like to be notified of the decision, please contact Christer Westman at the City of Carlsbad Planning Department, Monday through Thursday 7:30 a.m. to 5:30 p.m., Friday S:OO a.m. to 5:00 p.m. at 2075 Las Palmas Drive, Carlsbad, California 92009, (760) 438-l 161, extension 4448. . . . . . . . . . . . . 2075 Las Palmas Dr. l Carlsbad. CA 92009-l 576 - (760) 438-11610 FAX (760) 438-0894 @ APPEALS If you challenge the Coastal Development Permit Amendment in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice. or in written correspondence delivered to the City of Carlsbad prior to the public hearing. 1. eals to the Cltv Co&: Where the decision is appealable to the City Council, appeals must be filed in writing within ten (10) calendar days after a decision by the Planning Commission. 2. Coastal Commission Appealable Project: 0 This site is located within the Coastal Zone Appealable Area. q This site is not located within the Coastal Zone Appealable Area. Where the decision is appealable to the Coastal Commission, appeals must be filed with the Coastal Commission within ten (10) working days after the Coastal Commission has received a Notice of Final Action from the City of Carlsbad. Applicants will be notified by the Coastal Commission of the date that their appeal period will conclude. The San Diego office of the Coastal Commission is located at 3 111 Camino De1 Rio North, Suite 200, San Diego, California 92108-1725. CASE FILE: CDP 96-13(A) CASE NAME: KELLY RANCH VILLAGE “E” PUBLISH: NOVEMBER 19,199s