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HomeMy WebLinkAbout1999-05-11; City Council; 15182; Kelly Ranchi z . . p 2 e 5 8 KELLY RANCH EIR 98-OSIGPA 97-07lZC 97-07lZCA 99-03ILCPA 97-09 MP 174(B)/LFMP 87-08(B)/CT97=1@tlDP 97-17 CDP 97-43/PUD 99-02 - CITY OF CARLSBAD - A&A BILL --- DEPT. HD. Y - CITY AlTY CITY MGRS RECOMMENDED ACTION: That the City Council ADOPT Resolution No. 99 H 16 * CERTIFYING the Environmental Impact Report, Findings of Fact, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program and approving General Plan Amendment GPA 97-07, Local Facilities Management Plan Amendment LFMP 87-08(B), Tentative Tract Map CT 97-16, Hillside Development Permit HDP 97-17, Coastal Development Permit CDP 97-43. and-Planned Unit Development PUD 99-02 and INTRODUCE Ordinances No. NS’-Y8% yS- ~89 , ADOPTING Zone Change ZC 97-07, Zone Code Amendmen--$?~%o~al Program Amendment LCPA 97-09, and Master Plan Amendment MP 174 (B), ITEM EXPLANATION: The project is a series of legislative and quasi-judicial actions to certify an Environmental Impact Report, rescind the Kelly Ranch Master Plan and replace it with standard zoning, and to allow for the subdivision of a 174 acre portion of the 433 acre Kelly Ranch into 155 single family residential lots, 4 multi-family residential lots, several open space and recreational lots, and lots for recreational vehicle storage, child care, and the Agua Hedionda Lagoon information center. The Planning Commission held a public hearing to consider the proposals on April 7, 1999. No members of the public spoke in favor or opposition to the project. The requests were recommended for approval by the Planning Commission by a vote of 5-O. Two Planning Commission members were absent. More detailed information regarding the proposal is provided in the attached Planning Commission staff report and minutes dated April 7, 1999. FISCAL IMPACT: The project will provide funding for major public improvements in Local Facilities Management Zone 8, including Cannon Road. All private development costs will be borne by the developer. Approval of the proposal will not include any City fiscal obligation. ENVIRONMENTAL: An EIR was prepared for the project. The EIR was reviewed by a third party, City contracted environmental consulting firm and determined to be complete. Mitigable Impacts to Biological Resources, Land Form, Land Use, Noise and Cultural Resources were identified. Additional information was prepared subsequent to the Planning Commission hearing identifying an additional disturbance to .I1 acres of disturbed coastal sage scrub. The additional information was reviewed by same third party consultant and it was determined that the additional .I 1 acre disturbance to coastal sage scrub is an insignificant modification to a larger significant but mitigable impact. The information has been included as “Additional” and a re-circulation of the document is not required. EXHIBITS: :: :: i: ;: City Council Resolution No. 99 - I G Z- City Council Ordinance No. /\/S - Y#=L City Council Ordinance No. AC- q#3 City Council Ordinance No. /\I C- wq Location Map Planning Commission Resolutions No. 4491, 4492, 4493, 4543, 4494,4495, 4496, 4497, 4498,4499,4500 Planning Commission Staff Report, dated April 7, 1999 Excerpts of Planning Commission Minutes, dated April 7, 1999. 4 5 6 7 8 9 10 11 ‘12 i3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 follows: RESOLUTION NO. gg-162 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, CERTIFYING AN ENVIRONMENTAL IMPACT REPORT, FINDINGS OF FACT, STATEMENT OF OVERRIDING CONSIDERATION, MITIGATION MONITORING AND REPORTING PROGRAM AND ADDITiONAL INFORMATION APPROVING AMENDMENTS TO THE GENERAL PLAN, ZONE 8 LOCAL FACILITIES MANAGEMENT PLAN, AND APPROVING A TENTATIVE TRACT MAP, HILLSIDE DEVELOPMENT PERMIT, COASTAL DEVELOPMENT PERMIT AND PLANNED UNIT DEVELOPMENT TO CREATE A 178 LOT SUBDIVISION ON PROERTY GENERALLY LOCATED SOUTH OF THE AGUA HEDIONDA LAGOON AND EAST OF MACARIO CANYON WITHIN LOCAL FACILITIES MANAGEMENT ZONE 8. CASE NAME: KELLY RANCH CASE NO.: EIR 98-05/GPA 97-07/ZC 97-07/ZCA 99-031 LCPA 97-09/MP 174(B)/LFMP 87-08(B) CT 97-1 G/HDP 97-17CDP 97-43/PUD 99-02 The City Council of the City of Carlsbad, California;;. does ,hereby resolve as >..: 2’ ./ WHEREAS, pursuant to the provisions of the’~Municipal ,&de,. the,.. Planning Commission did on April 7, 1999, hold a duly noticed public ‘,hearing..as .prescribed. by law to consider an Environmental Impact Report, Findings of Fact, Statement of overriding Consideration, Mitigation Monitoring and Reporting Program, General Plan Amendment, Zone Change, Zone Code Amendment, Local Coastal Program Amendment, Master Plan Amendment, Local Facilities Management Zone Amendment, Tract Map, Hillside Development Permit, Coastal Development Permit, and Planned Unit Development; and WHEREAS, the City Council of the City of Carlsbad, on the day 11th of May I 1999, held a duly noticed public hearing to consider said matters and at that time received recommendations, objections, protests, and comments of all persons interested in or opposed to the Environmental Impact Report, Findings of Fact, Statement of Overriding Consideration, Mitigation Monitoring and Reporting Program and Additional Information, General Plan Amendment, Zone Change, Zone Code Amendment, Local Coastal Program Amendment, Master Plan Amendment, Local Facilities Management Zone Amendment, Tract Map, Hillside Development Permit, Coastal Development Permit, and Planned Unit Development. 1 2 3 4 5 6 7 8 9 ,’ .’ 10 I l- 12 .., 1,3 : 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Carlsbad as follows: 1. That the above recitations are true and correct. 2. That the City Council certifies Supplemental EIR 98-05, Findings of Fact, Statement of Overriding Consideration, Mitigation Monitoring and Reporting Program and Additional Information and approves GPA 97-07, ZC 97-07, ZCA 99-03, LCPA 97-99, MP 174(B), LFMP 87-08(B), CT 97-16, HDP 97-17, CDP 97-43, PUD 99-02 and that the findings and conditions of the Planning Commission as amended in Resolutions No. 4491, 4492, 4493, 4543,4494,4495,4496,4497,4498,4499, and 4500 on file with the City Clerk and made a part hereof by reference are the findings and conditions of the City Council in this matter. 3. That Planning Commission Resolution No. 4497 is hereby amended by the City Council as follows: . . . . ‘.. a. That the first sentence of Condition No. 24 is revised to read YThis . : ..‘I approval is for subdivision of the property into 178 lots.” ‘.: I’ : I )I b. That Condition No: 28is revised to read “A deed restriction shall be. ,,,,,i., I, ; placed on Lot 162 limiting a .portion of its use to day care and’on Lot 167 for use by the Agua Hedionda Lagoon Foundation; as ,: a Nature/Visitor Center.” : I ,T. _‘, c. That Condition No. 31 is hereby deleted. .. ._. * /’ ..‘I’$ ..I,; _~ .: .“Z 1 . . . . 3 N$i 482 .4! That the Zone Change, ZC 97-07, is approved as shown -in Ordinance , on file with the City Clerk and,inwrporated herein by reference. 5. That the Zone Code Amendment ZCA 99-03 and Local Coastal Program Amendment, LCPA 97-09, are approved as shown in Ordinance NS- 483 , on file with the City Clerk and incorporated herein by reference. 6. That the Master Plan Amendment, MP 174(B), is approved as shown in Ordinance NS- 484 , on file with the City Clerk and incorporated herein by reference. 7. This action is final the date this resolution is adopted by the City Council. The provisions of Chapter 1.16 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 Cartsbad 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 -2- ., .1 .: .T’- ’ . . 1 2 3 4 5 6 7 8 . . 9 &<‘; : ‘; 10 >‘r ,, : : :> i”,‘!, 1,. .;;‘,. ; / ,px .e ; ,’ :t 12 ::> .,j .1 13 1.6 ,.’ 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 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, Cartsbad, CA 92008” PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 11th day of May 1999, by the following vote, to wit: AYES: Council Members Lewis, Finnila, and Nygaard NOES: None ABSENT: Council Members Hall and Kulchin i ..‘,. . . 1. .__ : .” ,. ,.; .’ 7, i ,.. ~a ATTEST: (SEAL)- -3- .., , . . ., ,’ - ORDINANCE NO. NS-482 A ZONE CHANGE TO REDESIGNATE PROPERTY WITHIN THE 433 ACRE KELLY RANCH FROM PLANNED COMMUNITY PC TO ONE FAMILY R-l AND R-l-Q, MULTIPLE-FAMILY R-3-Q, RESIDENTIL DENSITY MULTIPLE RD-M-Q, AND OPEN SPACE OS CASE NAME: KELLY RANCH CASE NO.: zc 97-07 The City Council of the City of Carlsbad, California, does ordain as follows: SECTION I: That the zoning map is hereby amended as shown on revised Exhibit ZC 97-07 attached hereto. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and. cause it to be published at least once in a publication of general circulation in the City of Carlsbad within fifteen days afier its adoption. (Not withstanding the preceding, this ordinance shall not be effective within the City’s Coastal Zone until approved by the California Coastal Commission,) INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 11th day of &Y 1999, and thereafter. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carisbad on the day of 1999, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: CLAUDE A. LEWIS, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (SEAL) PROPERTY ZONE CHANGE zc: 97-07 draft &j final q P-c .\\ IV ” 3;-J zIoKVU= ---.. Ly,:+ /I,’ ,‘,‘t ii J i,F .’ ,I PROPOSED EXISTING Project Name: Legal Description(s): 1 Related Case File No(s): EIR 98-05lGPA97-07lZCA 99-031LCPA 97-091 I A portion of iot “I” of Ranch0 Agua Hedionda and a MP1 74(B)ICT 97-06IHDP 97.17KDP 97-43/ portion of Lot “F” of Ranch0 Agua Hedionda, all in the PUD 99-02 City of Carlsbad, County of San Diego, State of California, according to map thereof No. 823, filed in the office of the County Recorder of San Diego on November 16,1896 Attach additional pages if necessary I I 6 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 ORDINANCE NO. NS-483 A ZONE CODE AMENDMENT AND LOCAL COASTAL PROGRAM AMENDMENT TO REPEAL SECTION 21.38.160 OF THE CARLSBAD MUNICIPAL CODE RELATING TO DEVELOPMENT REQUIREMENTS IN KELLY POINT AND MACARIO CANYON. CASE NAME: KELLY RANCH CASE NO.: ZCA 99-03/LCPA 97-09 The City Council of the City of Carlsbad, California, does ordain as follows: SECTION I: That Section 21.38.160 of the Carlsbad Municipal Code is hereby repealed. SECTION 2: When effective, this ordinance will also constitute an amendment to the Mello II and Agua Hedionda segments of the City’s Local Coastal Program according to revised exhibit LCPA 97-09 and exhibit LCPA 97-09 Text attached hereto. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the ‘adoption of this ordinance and cause it to be published at least once in a publication of general circulation in the City of Carlsbad within fifteen days after its adoption. (Not withstanding the preceding, this ordinance shall not be effective within the City’s Coastal Zone until approved by the California Coastal Commission.) INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 11th day of &Y 1999, and thereafter. I// Ill Ill Ill Ill Ill Ill Ill Ill 7 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the of day 1999, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: CLAUDE A. LEWIS, Mayor Al-l-EST: ALETHA L. RAUTENKRANZ, City Clerk (SEAL) -2- - LOCAL COASTAL PROGRAM LCPA: 97-09 EXISTING . PROPOSED Project Name: 1 Related Case File No(s): Property/Legal Description(s): EIR 98-05/GPA97-07/ZC97-07/ZCA 9993/MP 174(B)/ A portion of Lot “1” of Ran&o Agua Hedionda and a portion of CT 97-061HDP 97-17ICDP 97931PUD 99-02 Lot “F” of Ran&o Agua Hedionda, all in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 823, filed in the offIce of the,County Recorder of San Diego on November 16,1896 LCPP, Map Designatio? Change Property From: To: A. 208-020-38 RMIOS/T-R RLMIRMIRMHIOS B. 208-020-17,41 RMIOS RM/OS C. 207-010-23 RMHIOS RLMIRMHIOS 0.208-020-40 RMIOS RLMIOS E. 208-020-36 RLM RM Approvals Council Approval Date: Resolution No: Effective Date: Signature: - LCPA 97-09 TEXT April 7,1999 Aeua Hedionda The Agua Hedionda LCP map Exhibit C shall be changed to reflect the modified Coastal Program Land Use Map. Land Use policy 1.2 shall be deleted. Mello II Policy 3-5(a)(6) shall be revised as follows: Residential densities in the 433 acre Kelly Ranch shall be permitted and based on the underlying General Plan Land Use designation. Policy 3-5(a)(7) shall be revised as follows: Approximately 2.8 acres located adjacent to Cannon Road, and as described in CDP 98-47 are designated for an interpretive center for Agua Hedionda and for child care facilities under either Residential-Professional (RP) zoning or a future Community Facilities (CF) zone if one is created. 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 ORDINANCE NO. NS-484 A MASTER PLAN AMENDMENT TO REPEAL THE KELLY RANCH MASTER PLAN CASE NAME: KELLY RANCH CASE NO.: MP 174(B) The City Council of the City of Carlsbad, California, does ordain as follows: SECTION I: That the Kelly Ranch Master Plan adopted by City Council Ordinance 9735 is hereby repealed. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause -it to be published at least once in a publication of general circulation in the City of Carlsbad within fifteen days after its adoption. (Not withstanding the preceding, this ordinance shall not be effective within the City’s Coastal Zone until approved by the California Coastal Commission.-) INTRODUCED AND FIRST READ at a regular meeting of the‘ ,Carlsbad City Council on the 11th day of MaY 1999, and thereafter. . PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the day of 1999, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: CLAUDE A. LEWIS, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (SEAL) EXHIBIT 5 / /’ ,’ \- .-. --, PALOMAR _,- \ ‘.L RD __i’ KELLY RANCH / --- EIR 98905lGPA 97907lZC 97-07lZCA 99-031 LCPA 97=09/MP 174(B)/LFMv 87=08(B)/ CT 97=16/HDP 97-l 7/CDP 97=43/PUD 99-02 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 FUESOLUTION NO. 4491 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING CERTIFICATION OF A FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT, EIR 98-05 FOR THE CHANGE OF GENERAL PLAN, ZONING, AND LOCAL COASTAL PROGRAM LAND USES, RECISSION OF MASTER PLAN 174, AMENDMENT OF THE LOCAL FACILITIES MANAGEMENT PLAN FOR ZONE 8, SUBDMSION AND SUBSEQUENT DEVELOPMENT OF A RESIDENTIAL COMMUNITY OF 495 APARTMENTS AND 160 SINGLE FAMILY HOMES ON 174 ACRES, AND RECOMMENDING APPROVAL OF THE CANDIDATE FINDINGS OF FACT, A STATEMENT OF OVERRIDING CONSIDERATIONS AND THE MITIGATION MONITORING AND REPORTING PROGRAM ON PROPERTY GENERALLY LOCATED SOUTH OF PARK DRIVE, NORTH OF VETERANS’ MEMORIAL PARK, WEST OF EL CAMINO REAL IN LOCAL FACILITIES MANAGEMENT ZONE 8. CASE NAME: KELLY RANCH CASE NO.: FIR 98-05 WHEREAS, Kelly Land Company, “Developer”, has filed a verified application with the City of Carlsbad regarding property owned by the Kelly Land Company, and Shea Homes Limited Partnership “Owner”, described as A portion of Lot “I” of Ranch0 Agua Hedionda and a portion of Lot “F” of Ranch0 Agua Hedionda, all in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 823, filed in the offke of the County Recorder of San Diego on November 16,1896 (the Property); and WHEREAS, said application constitutes a request for approval of the KELLY RANCH (“Project”) as is more fully described in the Final Supplemental Environmental Impact Report, EIR 98-05, dated March 1999 as provided in Chapter 19.04 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 7th day of April 1999, hold a duly noticed public hearing as prescribed by law to consider said request; and 13 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, 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 the project; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: 4 W C) D) Findings: That the foregoing recitations are true and correct. That the Final Supplemental Environmental Impact Report consists of the Draft Environmental Impact Report, EIR 98-05, dated March 1999, appendices, all written comments and all responses to comments, as amended to include the comments and documents of those testifying at the public hearings and responses thereto hereby found to be in good faith and reason by incorporating a copy of the minutes of said public hearings into the report, all on tile in the Planning Department incorporated by this reference, and collectively referred to as the “Report”. That the Environmental Impact Report EIR 98-05, as so amended and evaluated is recommended for acceptance and certification as the Final Environmental impact Report and that the Final Environmental Impact Report as recommended is adequate and provides reasonable information on the project and all reasonable and feasible alternatives thereto, including no project. That based on the evidence presented at the public hearing, the Commission COMMENDS CELBTIFICATION of Environmental Impact Report, KELLY RANCH, EIR 98-05; COMMENDS APPROVAL of the Candidate Findings of Fact (LLCEQA Findings”), attached hereto marked Exhibit “B” and incorporated by this reference; RECOMMENDS APPROVAL of the Statement of Overriding Considerations (L’Statement”), attached hereto marked Exhibit “Bn and incorporated by this reference; and RECOMMENDS APPROV& of the Mitigation Monitoring and Reporting Program as amended (“Program”), attached hereto marked Exhibit “C” and incorporated by this reference; based on the following findings and subject to the following conditions. 1. The Planning Commission does hereby find that Final EIR 98-05, the Candidate Findings of Fact, the Mitigation Monitoring and Reporting Program, and the Statement of Overriding Considerations have been prepared in accordance with requirements of the California Environmental Quality Act, the State EIR Guidelines, and the Environmental Review Procedures of the City of Carlsbad. PC RESO NO. 4491 -2- /ll 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 2. 3. 4. 5. 6. 7. 8. 9. 10. The Planning Commission of the City of Carlsbad has reviewed, analyzed and considered Final EIR 98-05, the environmental impacts therein identified for this project; the Candidate Findings of Fact (“Findings” or “CEQA Findings”) and the Statement of Overriding Considerations attached hereto as Exhibit “B”, the Mitigation Monitoring and Reporting Program (“Program”) attached hereto as Exhibit “C”, prior to COWING APPROVAL of the project. The Planning Commission finds that Final EIR 98-05 reflects the independent judgment of the City of Carlsbad Planning Commission. The Planning Commission does hereby RECOMMEND APPROVAL, accept as its own, incorporate as if set forth in full herein, and make each and every one of the findings contained in the “Candidate Findings of Fact” (Exhibit “B”). As is more fully identified and set forth in Final EIR 98-05 and in the Candidate Findings of Fact, the Planning Commission hereby finds pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091 that the mitigation measures described as feasible in the above referenced documents, are feasible, and will become binding upon the entity assigned thereby to implement same. As is also noted in the above referenced environmental documents described in the above finding number 4, each of the alternatives to the project which were identified as potentially feasible in Final EIR 98-05 are found not to be feasible since they could not meet both the objectives of the project and avoid the identified significant environmental effects through implementation of feasible mitigation measures, for the reasons set forth in said Candidate Findings of Fact. The Planning Commission hereby finds that the Program is designed to ensure that during project implementation the Developer and any other responsible parties implement the project components and comply with the feasible mitigation measures identified in the Candidate Findings of Fact and the Program. Changes or alterations have been required in or incorporated into the project which mitigate or avoid most significant effects identified in the EIR. Even after the adoption of all feasible mitigation measures and any feasible alternatives, certain significant or potentially significant environmental effects caused by the project, will remain. Therefore, the Planning Commission hereby recommends that the City Council of the City of Carlsbad issue, pursuant to Section 15093 of the CEQA Guidelines, a Statement of Overriding Considerations set forth in Exhibit “B”, which identifies the specific economic, social, and other considerations that render the unavoidable significant adverse environmental effects acceptable. The Record of Proceedings for this project consists of the following: A. The Report, CEQA Findings, Statement and Program; rr) PC RESO NO. 4491 -3- /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 B. C. D. E. . . CondltlppS : All reports, applications, memoranda, maps, letters and other planning documents prepared by the planning consultant, the project Applicant, the environmental consultant, and the City of Carlsbad that are before the decisionmakers as determined by the City Clerk; All documents submitted by members of the public and public agencies in connection with the EIR thereto on the project; Minutes of all public meetings and public hearings regarding the EIR; and Matters of common knowledge to the City of Carlsbad which they consider including but not limited to, the Carlsbad General Plan, Carlsbad Zoning Ordinance, and Local Facilities Management Plan, which may be found at the office of the City Clerk located at 1200 Carlsbad Village Drive and the Planning Department located at 2075 Las Palmas Drive in the custody of the City Clerk and the Planning Director. 1. The applicant shall implement the mitigation measures described in Exhibit C, Mitigation Monitoring and Report Program for development of the Kelly Ranch PC RESO NO. 4491 -4- 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 - PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 7th day of April, 1999, by the following vote, to wit: AYES: Chairperson Heineman, Commissioners Compas, L’Heureux, Savary, and Segall NOES: ABSENT: Commissioners Nielsen and Welshons ABST- CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HOLZMfiER Planning Director PC RESO NO. 4491 -5- 17 I EXHIBIT “B” KELLY RANCH GENERAL PLAN AMENDMENT and “CORE AREA“ SUBDIVISION (CT 9746) CEQA FINDINGS OF FACT and STATEMENT OF OVERRIDING CONSIDERATIONS March 30, 1999 Kellv Ranch General Plan Amerrdment & I Co re Area” Subdivision Findinas of Fact TABLE OF CONTENTS I. II. III. IV V. VI. VII. VIII. INTRODUCTION ................................................................................................ 2 PROJECT DESCRIPTION ..................................................................................... 3 RECORD OF PROCEEDINGS ................................................................................ 6 TERMINOLOGY/THE PURPOSE OF FINDINGS UNDER CEQA .................................. 7 LEGAL EFFECT OF FINDINGS ............................................................................. 8 MITIGATION MONITORING PROGRAM ................................................................ 9 IMPACTS DETERMINED TO BE INSIGNIFICANT .................................................... 9 DIRECT SIGNIFICANT EFFECTS OF THE PROJECT & MITIGATION MEASURES.. ... ..13 A. Biological Resources .................................................................................. 13 B. Land Use ................................................................................................. 17 C. Landform/Visual Resources ........................................................................ 18 D. Noise ....................................................................................................... 18 E. Cultural Resources .................................................................................... 19 IX. CUMULATIVE SIGNIFICANT EFFECTS AND MITIGATION MEASURES.. ................. .21 A. Biological Resources .................................................................................. 21 B. Land Use ................................................................................................. 22 C. Landform/Visual Resources ........................................................................ 22 D. Noise ....................................................................................................... 23 E. Traffic/Circulation ..................................................................................... 24 F. Air Quality ............................................................................................... 24 X. FEASIBILITY OF POTENTIAL PROJECT ALTERNATIVES ........................................ 26 A. No Project/No Development Alternative ....................................................... 28 B. Kelly Ranch Master Plan Alternative ............................................................ 29 Xl. STATEMENT OF OVERRIDING CONSIDERATIONS ..*....*.....,.................*...........,... 31 1 lp v Ranch General Plan Amendment & H Co re Area a Subdivision Findinas of Fact (March 16, 1999) BEFORE THE CARLSBAD CITY COUNCIL RE: Kelly Ranch General Plan Amendment and “Core Area” Subdivision (CT 97-l 6) FINDINGS OF FACT I. INTRODUCTION A Final Environmental Impact Report (FEIR 83-4/SCH #83042707) for the Kelly Ranch Master Plan (MP-l 74) was certified by the City of Carlsbad in 1984. This FEIR addressed the entire 432.2-acre Kelly Ranch property, including the area identified as the “Core Area.” The City approved the Kelly Ranch Master Plan following the certification of the FEIR. Activities undertaken pursuant to the Master Plan approval include: l Recording of an Irrevocable Offer to Dedicate Fee Title and Irrevocable Offer to Dedicate Open Space and Declaration of Restriction over the wetland areas (i.e., Agua Hedionda Lagoon) and steep slope areas; l Grading of Cannon Road and portions of the Kelly Ranch “Core Area”; l Approval of construction documents for Cannon Road; and l Approval of development plans for Planning Area “E” (CT 96-07). The following related events occurred after the approval of the Kelly Ranch Master Plan: l The City of Carlsbad adopted a Growth Management Plan, Local Facilities Management Plans, Coastal Resources Protection Overlay Zone, Hillside Development Regulations, Landscape Manual, and General Plan Update (1994); l The California Coastal Commission approved a Coastal Permit (#6-84-617) for the Kelly Ranch Master Plan; l The California gnatcatcher was listed as a “threatened” species by the U.S. Fish & Wildlife Service in 1993; and l The City prepared a draft Habitat Management Plan for Natural Communities in the City of Carlsbad. The applicant now proposes a General Plan Amendment (GPA) to rescind the Kelly Ranch Master Plan and to apply General Plan land use designations of the Updated General Plan (1994) to the property. A Final Supplemental Environmental Impact Report (FSEIR 98- 05/SCH #98041067) has been prepared on the current project to address the potential environmental effects of a General Plan Amendment and Zoning Reclassification of the entire Kelly Ranch property (432.2 acres). The FSEIR also addresses amendments to the Local Coastal Plan and Local Facilities Management Plan. A proposed subdivision of the Kelly Ranch “Core Area” portion (168.3 acres) of Kelly Ranch is also addressed in the FSEIR. In addition to the Kelly Ranch project, the FSEIR evaluated a No Project/No Development Alternative, and a Kelly Ranch Master Plan Alternative. 2 Kellv Ranch General Plan Amerldment 81 Y Co re Area” Subd’vision I Findinas of Fact II. PROJECT DESCRIPTION General Plan Amendment & Zone Change Table 1 summarizes the characteristics of the proposed General Plan Amendment and Zoning Reclassification. In Planning Areas “A,” “D, ” “G,” and “H” the current Residential Medium Density (RM) designation would be changed to Residential Medium-High Density (RMH). In Planning Areas “C,” “I,” and “J” the Residential Medium Density (RM) designation would be changed to Residential Low-Medium Density (RLM). The residential designation would remain unchanged in Areas “E,” “K,” and “L.” The Travel/Recreation Commercial (T/R) designation in Area “F” would be changed to Open Space (OS) and Residential Professional (R-P). The City of Carlsbad approved this area as the “Agua Hedionda Visitor/Nature Center” during the Draft Supplemental Environmental Impact Report (DSEIR) public review period. The proposed General Plan Amendment would permit a maximum of 1 ,184 dwelling units within the entire Kelly Ranch property (733 du in the “Core Area” and 451 du in the “Non- Core” area). However, the subdivision proposes only 656 dwelling units in the “Core Area.” Thus, the project proposes 10 percent fewer units in the “Core Area” than would be permitted by the proposed General Plan Amendment. Rescind Kelly Ranch Master Plan The project proposes to rescind the Kelly Ranch Master Plan (MP-174) in conjunction with the approval of a General Plan Amendment (GPA) and Zoning Reclassification. As shown in the bottom section of Table 1, the existing Kelly Ranch Master Plan approved 1,600 dwelling units within the Kelly Ranch property. Subdivision (CT 97-16) The proposed subdivision (CT 97-l 6) would develop the 168.3-acre Kelly Ranch “Core Area” with 161 single-family units and 495 multi-family units. Twenty-seven percent (132) of the 495 multi-family units would be affordable units. Forty-six acres (27%) of the “Core Area” would be retained in open space. An irrevocable offer to dedicate the open space to the City of Carlsbad as a conservation easement would be made as a condition of approval. An additional 35.4 acres (21%) of the site are constrained from development by steep slopes and power lines. The proposed development would occupy 84.5 acres (52%) of the site. Table 1 also lists the land use of the “Non-Core” Planning Areas (Areas “A,” “B,” “C,” and “E”). These areas are not included in Tract 97-16, but are included in the General Plan Amendment and Rezone actions. Planning Area “L” is not a part of the proposed subdivision. 3 - Kellv Ranch General Plan Amerrdment & Y Co re Area” Subdivision Findinas of Fati Table 1 a Kellv Ranch General Plan Amendment & Co re Area’ Subdivision Findinas of Fact Local Coastal Plan Amendment An amendment to the Mello II Local Coastal Plan (LCP) is proposed to eliminate references to the Master Plan because the currently proposed project proposes to rescind the Master Plan. The currently proposed project would develop the same area designated for development in the Master Plan, but at a lesser density. An amendment of the LCP Map is also proposed to achieve consistency between the General Plan Land Use Map and the LCP Map. Zone 8 Local Facilities Master Plan Amendment An amendment of the Zone 8 Local Facilities Management Plan (LFMP) is proposed to update the adopted plan to reflect the change in circumstances with the approval of this project. Project Objectives The following statements represent the objectives of the project applicant. These objectives also provide a basis for identification of project alternatives described in the FSEIR. In arriving at its final decision, the decision-makers took into consideration objectives set forth in the FSEIR. l Development of a residential subdivision at a density consistent with the City of Carlsbad General Plan, Growth Management Plan, Local Coastal Plan, and Hillside Development Ordinance. l Development of a residential neighborhood, including single-family and multi-family units. l Development of a residential community compatible with surrounding land uses. . Locate residential units to maximize view opportunities while preserving the integrity of off-site viewsheds. l Identify and preserve, to the greatest extent practical, the known environmental resources on the property. l Preserve native habitat in open space that is consistent with the open space shown in the draft City of Carlsbad Habitat Management Plan. Project Phasing Development of the Kelly Ranch “Core Area” is anticipated to occur over a two-year time period (2000--200 1). The entire infrastructure required for the project would be constructed in this time period. 5 43 Kellv Ranch General Plan Amendment & ” Co re Area” Subdivision Findinas of Fact Intended Uses of the EIR The following list identifies the approvals and permits that will be under consideration by the City Council as part of the proposed project. 1. General Plan Amendment (GPA) and Zone Change: The GPA would apply the Updated (1994) General Plan land use designation to the property. A concurrent Zone Change would apply consistent zoning designations to the property. 2. Rescind Kelly Ranch Master Plan: The permitted uses and zoning regulations established by the Master Plan would be rescinded, and replaced by the adopted City General Plan and Zoning Ordinance requirements. 3. Local Coastal Plan (LCP) Amendment: The LCP amendment would delete references to the Kelly Ranch Master Plan. 4. Vacate and Rerecord LCP Open Space Easement: A revised open space easement would be recorded to reflect changes to the open space boundaries that maximize the preservation of sensitive biological resources. 5. Carlsbad Tract Map 97-16: The tract map would subdivide the property into single- family and multi-family lots. 6. Hillside Development Permit: Proposed grading of the project site must be in conformance with the City’s Hillside Development Ordinance. 7. Site Development Permit: A site development permit is required because the property would have a Qualified Development Overlay Zone designation. 8. Coastal Development Permit: The project is located within the California Coastal Zone, thereby necessitating a Coastal Development Permit. Ill. RECORD OF PROCEEDINGS For the purposes of CEQA and the findings set forth below, the administrative record of the City Council decision on the environmental analysis of this Project shall consist of the following: l The August 25, 1998 Draft Supplemental Environmental Impact Report (DSEIR) and November 23, 1998 FSEIR for the Project., including appendices and technical reports; l All reports, applications, memoranda, maps, letters, and other planning documents prepared by the project engineering, design, and architecture consultants, the environmental consultant, and the City of Carlsbad that are before the decision makers as determined by the City Clerk; Kellv Ranch Genera/ Plan Amefrdment & “Core Area” Subdivision Findinas of Fact l All documents submitted by members of the public and public agencies in connection with the EIR on the project; l Minutes of all workshops, public meetings and public hearings held by the City of Carlsbad; l Any documentary or other evidence submitted at workshops, public meetings and public hearings; and l Matters of common knowledge to the City of Carlsbad which they consider, including but not limited to, the following: . Carlsbad General Plan; n Carlsbad Zoning Ordinance; . Local Facilities Management Plan for Zone 8; and n Local Coastal Program. The City has received six comment letters on the August 25, 1998 DSEIR. Those comments are set forth in the November 23, 1998 FSEIR together with the responses thereto. In addition, certain of the comments have been addressed in margin notes to the text of the draft EIR. The City has considered all the comments to the DSEIR and has addressed those comments adequately and properly in accordance with CEQA. The City’s responses represent a good faith and reasonable analysis, supported by factual information in the record. The City’s responses to the comments are proper and as required under CEQA. IV TERMINOLOGY/THE PURPOSE OF FINDINGS UNDFR CEQA Section 15091 of the State CEQA Guidelines requires that, for each significant environmental effect identified in an EIR for a Project, the approving agency must issue a written finding reaching one or more of the three allowable conclusions. The first is that “[clhanges or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR.” (emphasis added). The second potential finding is that “[sluch changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency.” The third permissible conclusion is that “[slpecific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the Final EIR.” Regarding the first of the three potential findings, the State CEQA Guidelines do not define the difference between “avoiding” a significant environmental effect and merely “substantially lessening” such an effect. The meaning of these terms, therefore, must be gleaned from other context in which they are used. Public Resources Code Section 21081, on which CEQA Guidelines Section 15091 is based, uses the term “mitigate” rather than “substantially lessen.” The State CEQA Guidelines, therefore, equate “mitigating” with “substantially lessening.“ Such an understanding of the statutory term is consistent with Public Resources Code Section 21001, which declares the legislature’s policy disfavoring 7 ag the approval of project with significant environmental effects where there are feasible mitigation measures or alternatives that could “avoid or substantially lessen” such significant effects. For purposes of these findings, the term “avoid” shall refer to the ability of one or more mitigation measures to reduce an otherwise significant effect to a less-than-significant /eve/. In contrast, the term “substantially lessen” shall refer to the ability of such measures to substantially reduce the severity of a significant effect, but not to reduce the effect to a level of insignificance. Although State CEQA Guidelines Section 15091 requires only that approving agencies specify that a particular significant effect is “avoid[edl PI substantially lessen[edI,” these findings, for purposes of clarity, will specify whether the effect in question has been fully avoided (and thus reduced to a level of insignificance) or has been substantially lessened (and thus remains significant). The purpose of these findings is to systematically restate the significant effects of the project on the environment identified in the FSEIR, and determine the feasibility of mitigation measures and project alternatives identified in the FSEIR which would avoid or substantially lessen those significant effects. Once the City has adopted sufficient measures to avoid a significant impact, the City does not need to adopt every mitigation measure brought to its attention or identified in the FSEIR. It is the policy of the State of California and the City of Carlsbad to not approve a project if there are available feasible mitigation measures or project alternatives that would substantially lessen that project’s significant environmental effects. Only when such mitigation measures or project alternatives are found to be infeasible because of specific economic, social or other conditions set forth in these findings may the City approve a project in spite of its significant effects. Another purpose of these findings is to bring focus on project alternatives in the ultimate decision-maker’s decision whether to approve or disapprove the project. If, after application of all feasible mitigation measures to the project, significant impacts remain, project alternatives identified in the FSEIR must be reviewed and determined to be feasible or infeasible. The findings set forth the reasons, based on substantial evidence in the record, that the decision-makers conclude any such project alternatives are infeasible (see further discussion in Feasibility of Alternatives Section). V. LEGAL EFFECT OF FINDINGS To the extent that these findings conclude that proposed mitigation measures outlined in the FSEIR are feasible and have not been modified, superseded or withdrawn, the City of Carlsbad (“City” or “decisions makers”) hereby binds itself and any other responsible parties, including the Applicant and its successors in interest (hereinafter referred to as “Applicant”), to implement those measures. These findings, in other words, are not merely informational or hortatory, but constitute a binding set of obligation that will come into effect when the City adopts the resolution(s) approving the project. 8 26 The adopted mitigation measures are express conditions of approval. Other requirements are referenced in the mitigation monitoring program adopted concurrently with these findings, and will be effectuated through the process of implementing the project. VI. ITIGATION MONITORING PROGRAM As required by Public Resources Code section 21081.6, the City of Carlsbad, in adopting these findings, also adopts a mitigation monitoring and reporting program as prepared by the environmental consultant under the direction of the City. The program is designed to ensure that during project implementation, the Applicant and other responsible parties comply with the feasible mitigation measures identified below. The program is described in the document entitled “Kelly Ranch General Plan Amendment and ‘Core Area’ Subdivision (CT 97-l 6) Mitigation Monitoring Program.” VII. IMPACTS DETERMINED TO BE INSIGNIFICANT The following summary briefly describes impacts determined to be insignificant in the preparation of the EIR. Relevant Planning Programs l Annexation to the City of Carlsbad deleted County of San Diego jurisdiction (FEIR 83-4, p. 59). l Regarding Land Use Element, see Section VIII below. l Regarding Circulation Element, see following Transportation/Circulation discussion. l Public Safety Element floodproofing measures are not applicable to the “Core Area” project; fuel modification measures are incorporated into the project design; adequate water pressure is assured by the Zone 8 LFMP; adequate access for fire equipment is incorporated into the project design (FEIR 83-4, p. 60). l The Scenic Highways Element has been deleted from the General Plan. See Section VIII below regarding landform/visual resources effects on scenic corridors (FEIR 83-4, p. 60). l The dedication of the Agua Hedionda Visitor/Nature Center is consistent with, and satisfies the requirements of, the Parks and Recreation Element (FEIR 83-4, p. 60). l The dedication of biologically sensitive open space (46.0 acres), and constrained open space (35.4 acres), is consistent with, and satisfies the requirements of, the Open Space and Conservation Element (FEIR 83-4, p. 60). Kellv Ranch General Plan Amendment & I Co re Area m Sub&vision Findinas of Fact l The Mello II LCP is proposed to be amended to delete references to the Kelly Ranch Master Plan. The “Core Area” project is not included in the Agua Hedionda LCP (FEIR 83-4, p. 60). l No action by the Local Agency Formation Commission is required. l The project adheres to the Areawide Water Quality Management (208) Plan as well as with the National Pollutant Discharge Elimination System (NPDES) Permit requirements (FEIR 83-4, p. 60). l Regarding California Fish & Game Code, see Section VIII below. Agricultural Resources The Carlsbad Local Coastal Program Mello II Segment contains policies specifically applicable to the Kelly Ranch “Core Area.” Policy 3-5 of the Mello II Segment specifies that the maximum development allowed in the Kelly Ranch/Macario Canyon Area is set forth in the Kelly Ranch Master Plan, as approved by Coastal Commission Permit (#6-84- 617) (FSEIR, p. 2.2.8). The Mello II LCP Policy 3-5 specifically waives any requirements regarding mitigation for conversion of agricultural land to urban uses for the Kelly property (FSEIR, p. 2.2.8). Socio-economics The City has implemented a housing program to address the City’s unmet moderate and low-income housing needs. Subsequent development proposals are evaluated to determine the number of low and moderate income housing units required to be included in the project (FEIR 83-4, p. 69, and FSEIR, Table 1 .l .l). Transportation/Circulation No significant adverse traffic impacts were identified because the project circulation is the same as assumed in the previous Kelly Ranch EIR (FEIR 83-4, p. 73) traffic analysis. The circulation system proposed for the current project is consistent with the system assumed in the Kelly Ranch FEIR 83-4. The adopted Kelly Ranch Master Plan would permit a maximum of 1,600 dwelling units to be constructed (FSEIR 89-05, Table 1.1 .l 1. The maximum density that would be permitted by the 1994 General Plan is 1,258 dwelling units. The maximum number of units that would be permitted by the proposed General Plan Amendment is 1,184 dwelling units. Thus, the proposed maximum development and resulting number of Average Daily Trips would be substantially less than permitted by the existing General Plan. This reduction in trips would lessen the adverse traffic impacts identified in the 1988 Zone 8 Local Facilities Management Plan and the 1994 General Plan Master EIR. The currently designed improvements for Cannon Road have taken into account anticipated Zone 8 traffic. Development within Kelly Ranch is planned to coincide with the construction of Cannon Road. 10 Public Services The Zone 8 Local Facilities Management Plan Amendment (B) prepared in conjunction with the proposed General Plan Amendment and Kelly Ranch “Core Area” Tentative Map identifies existing public services facilities and facilities required to be constructed, or public facility fees to be paid. As reported in LFMP Amendment (B), adequate fire and police protection, libraries, roads, and other public facilities are assured through the mandated implementation of the LFMP. LFMP Amendment (B) requires discretionary projects to show evidence that school facility impacts have been mitigated as determined by Carlsbad Unified School District (FSEIR, Appendix A, p. 17). Utilities and Service systems The Zone 8 Local Facilities Management Plan Amendment (B) prepared in conjunction with the proposed General Plan Amendment and Kelly Ranch Tentative Map identifies existing public services facilities and facilities required to be constructed, or public facility fees to be paid. As reported in LFMP Amendment (B), adequate water, sewer, and storm drains, are assured through the mandated implementation of the LFMP. Drainage and sewer facilities required to be constructed concurrent with the Kelly Ranch development are illustrated in LFMP Amendment (B) (FSEIR, Appendix A, p. 17). Gas, electric, telephone, and solid waste services are available to the site by various utility providers in the region. The demand for such services is within the capability of the service providers. Population and Housing The approved Kelly Ranch Master Plan would permit a maximum of 1,600 dwelling units, and the existing General Plan land use designation would permit a maximum of 1,258 dwelling units. The proposed General Plan designations would allow a maximum of 1 ,158 dwelling units to be constructed in the entire Kelly Ranch property, and 733 units in the “Core Area. n The proposed “Core Area” Tract Map includes only 656 dwelling units. Thus, the project proposes to construct fewer dwelling units than is permitted by the existing General Plan, or by the proposed General Plan Amendment (see FSEIR Table 1.1.1). The site is in an area designated for development, and is bordered on the north and east by residential development. Major extension of public services and infrastructure is not required to serve the site. Existing housing would not be displaced by the development. Energy and Mineral Resources The Kelly Ranch project is consistent with the General Plan Housing Element. Goal 4 of the element is to balance residential and non-residential development that promotes energy conservation by reducing home-to-work trips. Housing Element Action Program 5.1 implements residential energy efficient standards as required by State Title 24 guidelines, and also requires subdivisions to incorporate solar orientation to reduce heating and cooling c29 Kellv Ranch Gene& Plan Amendment & ” Core Area ” Subdl ‘vision Findinas of Fact costs. The Kelly Ranch subdivision is consistent with Goal 4, and incorporates the provisions of Action Program 5.1 (FSEIR, Appendix A, p. 16). Hazards The proposed Kelly Ranch development is consistent with the City of Carlsbad Emergency P/an, and does not include any uses that would likely involve accidental explosions, or a release of hazardous materials. The City regulates the storage and disposal of hazardous materials as required by Action Program C.3 of the General Plan Public Safety Element (FSEIR, Appendix A, p. 16). Two 138 kV transmission lines cross Kelly Ranch in a northeast-southwest alignment along Cannon Road. The proposed residential areas are located a minimum of 100 feet from the transmission lines. The General Plan Master EIR addressed electro magnetic fields (EMFs) and indicates that scientific research has not conclusively established whether or not EMFs are harmful to human health. Portions of the Kelly Ranch property have been used for agricultural production. Residues of chemicals used in the agricultural operations may remain in the soil. The General Plan Master EIR includes a mitigation measure that requires a detailed soil testing be conducted on agricultural land and a report submitted to the City prior to the approval of discretionary permits. The required report shall specify any required actions to remediate identified significant public health impacts. A report for the Kelly Ranch property will be submitted to the City of Carlsbad. Preserved habitat areas containing high fuel plant species are proposed in close to the proposed residential areas. The design of the Tentative Map incorporates the provisions of the City’s Landscape Manual as well as fire suppression provisions required by the Fire Chief (FSEIR, Appendix A, p. 15). Recreation The Zone 8 Local Facilities Management Plan Amendment lB) prepared in conjunction with the proposed General Plan Amendment and Kelly Ranch Tentative Map analyzed the adequacy of park and recreational facilities in Northwest Quadrant Park District. The analysis concluded the supply of parklands exceeds demand, and that the project conforms to the adopted park performance standards (FSEIR, Appendix A, p. 18). 12 30 VIII. DIRECT SIGNIFICANT EFFECTS OF THE PROJECT & MITIGATION MEASURES The FSEIR identified the following direct significant environmental effects (or “impacts”) that the project will cause; all can be fully avoided through the adoption of feasible mitigation measures. A. Biological Resources Biological Resources Impacts l Development of the proposed Kelly Ranch “Core Area” project would result in the loss of 22.22 acres (22.09 acres on-site and 0.13 acres off-site) of coastal sage scrub. The project would impact 5.02 acres of southern maritime chaparral. The project would impact 0.6 acres of mule fat scrub, 0.8 acres of riparian herb, and 0.03 acre of southern willow scrub. These impacts are considered significant impacts as the vegetation communities have been identified as sensitive resources (FSEIR, p. 2.1.9). l Two California gnatcatcher use areas would be impacted by the construction of Cannon Road. Both of these use areas include adjacent habitat within the Kelly Ranch “Core Area.” The Section 4(d) Permit granted for the construction of Cannon Road, and the Section 4 (d) Permit for the Area “F” Nature Center, included the “take” of gnatcatchers and loss of habitat along Cannon Road. l The Kelly Ranch “Core Area” primary connectivity is with Agua Hedionda Lagoon to the north and west, and with the proposed Carlsbad Municipal Golf Course to the south. The habitat and wildlife connection across the “Core Area” would be significantly impacted by the Kelly Ranch project because north to south movement would be reduced by the nearness of human activity. However, a modified linkage could continue to exist if it is revegetated with appropriate plant materials. However, the suite of animals utilizing the corridor would change with an altered mosaic of vegetation. Corridor use by mid-sized and small mammals, as well as reptiles, is expected to be substantially reduced by the development of the Kelly Ranch “Core Area.” These impacts are considered significant impacts as the vegetation communities have been identified as sensitive resources (FSEIR, p. 2.1.9). In general, avian flight corridor access would be maintained, or even improved, for all species except sage scrub and chaparral resident bird species. Planting of native plants on the periphery of development areas could even maintain some linkage for these sage scrub and chaparral species. Retaining bands of sage scrub and chaparral strictly for corridor utility has merit, but would likely require revegetation of inappropriate stretches of habitat, which are presently disturbed. l Street lights and parking lot lighting in Planning Area “F,” and along the project roadways could negatively affect nocturnal use of the wetlands west of Cannon Road by mammals. These impacts are considered significant impacts as the 13 31 General Plan Amet rdment & I I . . . Core Area Subdwsron . . mdlnqs of Fact vegetation communities have been identified as sensitive resources (FSEIR, p. 2.1.9). l The proposed trail segment #24 along the eastern project would result in further habitat degradation (i.e., loss of southern maritime chaparral) in an area already limited in its habitat viability as a local use corridor. These impacts are considered significant impacts as the vegetation communities have been identified as sensitive resources (FSEIR, p. 2.1.9). l The conceptual landscape plan proposes to use exotic plantings on slopes that would be adjacent to open space areas. The exotic materials are incompatible with the existing native vegetation on-site. These impacts are considered significant impacts as the vegetation communities have been identified as sensitive resources (FSEIR, p. 2.1.9). Biological Resources Finding Pursuant to Section 15091 (a) (1) of the State CEQA Guidelines, changes or alteration are required in, or incorporated into, the project that will avoid the significant environmental effect as identified in the FSEIR. The following mitigation measures would reduce the impact to below a level of significance. Biological Resources Mitigation Measures 1. 2. The existing desiltation basin west of Cannon Road’ in Planning Area “F” shall be enlarged by 1.43 acres and planted with mule fat scrub and riparian herb vegetation to replace the loss of wetland vegetation in the detention basin at the intersection of the Cannon Road and Street “AA.” If this area is not sufficient for a “no net loss” of wetland vegetation, as determined by a Section 404 permit, additional wetlands shall be created in the portion of Agua Hedionda Lagoon north and west of Cannon Road that is owned by the Kelly Land Company. One potential site is an area of scattered eucalyptus at the mouth of Macario Canyon, just west of a utility access road into the marsh (See FSEIR Figures 2.1.3 and 2.1.6). This location contains weedy upland plants and trees that are slightly higher than the surrounding marsh. A Wetland Restoration Plan shall be prepared subject to the approval of a Section 404 permit, prior to the issuance of a grading permit. Performance criteria to be met by the restoration plan are contained in Table 2.1.5 of the FSEIR. The 22.22 acres of coastal sage scrub impact shall be mitigated at a 2:1 ratio (44.44 acres). Approximately 38.77 acres would be retained by the proposed “Core Area” project. Thus, an additional 5.67 acres of mitigation is required. The manufactured slope on the south side of the private drive connecting Planning Area “K” to Street “BB” shall be planted with coastal sage scrub (see FSEIR Figure 2.1.3). This area contains 1.85 acres. The manufactured slopes (containing 1.62 acres) along Street “HH” shall be planted with coastal sage scrub. The manufactured slope created to the rear of Lots 9-28 (1.75 acres) shall be planted with coastal sage scrub. Planting these slopes with coastal sage scrub would enhance the utility of the corridor linkage between the city-owned golf course property and Agua Hedionda lagoon. These slope areas contain a total of 5.22 14 3. acres. The revegetation plans for these restoration areas shall incorporate the City Fire Department requirements for fire clearing. Several small patches of non-native grasslands and ruderal growth within the on-site open spaces could also be revegetated with appropriate coastal sage scrub plant materials if the areas are not required for mitigation of non-native grasslands (see Mitigation Measure #I 1). Non-native exotic plant species, particularly invasive plant species, are to be specifically excluded from the revegetation plan. Ruderal and non-native grasslands are located in the following proposed open space areas: Planning Area H 0.46 acPlanning Area I 0.03 acPlanning Area J 0.18 ac Planning Area K 1.03 ac Total 1.70 ac 4. If the entire 5.67 acres of coastal sage scrub mitigation cannot be accomplished on- site, the remaining mitigation shall be accomplished off-site. If feasible, this dedication should occur within the core habitat and linkage areas within Zone 8. 5. The 5.02 acres of southern maritime chaparral impacted by the project shall be mitigated at a 2:l ratio by the on-site dedication of southern maritime chaparral, or the purchase of mitigation credits in established mitigation banks (e.g., the Encinitas mitigation bank selling maritime chaparral credits), or by the acquisition of open space easements for off-site maritime chaparral habitat within the City of Carlsbad. 6. The grading for Lots 54-55 and 67-69 should be reduced as shown on Figure 2.1.5 of the FSEIR. This would reduce the level of southern maritime chaparral impacts by 0.24 acre. 7. Fuel management clearing activities should be monitored by a biologist to ensure that sensitive shrubs are left in place to the extent feasible. 8. During project construction a biologist should monitor clearing activities at the interface between the residential areas and the sage scrub/chaparral habitat areas to minimize the jettisoning of construction debris into the open space. 9. Fencing shall be installed at the rear of lots adjacent to native vegetation open space areas to discourage entry into the open space by future residents. 1 O.Signage shall be installed at points where the dedicated open space could be accessed by the public to notify the public that access into dedicated open space areas is restricted. 1 1 .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 0.5:1 ratio to maintain raptor foraging areas. The “Core Area” project would need to preserve 10.45 acres of non-native grassland to achieve this ratio. The project design preserves 1.89 acres of non-native grassland, however mitigation measure #3 recommends revegetating these areas with coastal sage scrub. The Kelly Ranch project granted an irrevocable offer of dedication over 15 3s 181 acres of land encompassing the Agua Hedionda Lagoon as a condition of the original approval. The original approval included the development of the Kelly Ranch “Core Area.” The area offered for dedication protects a substantial and critical raptor foraging habitat, albeit with different habitat values. The previous dedication of 181 acres provides adequate compensating raptor foraging habitat, and no further mitigation is considered necessary. 12. Grading within Planning Area “K” should be limited to the area shown in Figure 2.1.4 of the FSEIR. This would minimize impacts to the adjacent open space and enhance the corridor connection across the access road (see Mitigation Measure #2). [Note: The subdivision and grading of Area “K” is not proposed as part of the current development project, but a development proposal may be submitted in the future, and will be subject to subsequent CEQA review.] 13. Nighttime light levels shall be reduced by placing shields on streetlights. The light fixtures shall be mounted so as to direct light away from Agua Hedionda Lagoon so as to prevent illumination or “spillover’ onto riparian habitat. 14.The slope easterly of the Lot 162 multi-family housing structures in Planning Area “D” shall be planted with the coastal sage scrub native plant mix listed on Sheet 5 of the Landscape Plan. 15.Trail segment #24 as shown on the General Plan Conceptual Open Space and Conservation Map should not be constructed across the Kelly Ranch “Core Area” property to avoid additional impacts to sensitive maritime chaparral that is proposed to be retained in open space. If this trail segment must be constructed to satisfy the requirement of Land Use mitigation measures #3 and #4, the least impactive route possible should be selected in coordination with the U.S. Fish & Wildlife Service. The applicant has proposed an alternative trail alignment as shown in Figure 1 .l .I 1 of the FSEIR. This alignment would avoid all of the southern maritime chaparral impacts associated with Trail segment 24. Only minor impacts to coastal sage scrub would result. 16.Clearing during the breeding season of the California gnatcatcher (Feb. 15 to Aug. 30) shall be precluded unless specifically authorized by the City of Carlsbad, U.S. Fish & Wildlife Service, and California Department of Fish & Game. Clearing of land adjacent to the lagoon during the breeding season of the least Bell’s Vireo (Mar. 15 to Sept. 15) shall be precluded unless specifically authorized by the City of Carlsbad, U.S. Fish & Wildlife Service, and California Department of Fish & Game. 17.Lots 75-77 shown on the tentative map shall be deleted and the area dedicated as biological open space. The disturbed portions of these lots shall be revegetated with appropriate coastal sage scrub plant materials. Non-native exotic plant species, particularly invasive plant species, are to be specifically excluded from the revegetation plan. 18.The “Conditions, Covenants, and Restrictions” (CCR’s) for the “Core Area” development shall contain a list of invasive species that are to be excluded from 16 3$ wdment & ” ” . . . Core Area Subdwwon Findinas of Fact landscaping installed by the Homeowners Association and by individual homeowners. Biological Resources Conclusions Implementation of the mitigation measures listed in the preceding section would reduce biological impacts to a less than significant level. B. Land Use Land Use Impacts The Kelly Ranch “Core Area” subdivision map does not provide for a trail segment (#23) along Cannon Road. Further, the project does not provide for a trail segment (#24) within Planning Area “J.” Trail segment #24 would connect with segment #23 near the location of the Agua Hedionda Visitor/Interpretative Center. This is considered to be a significant impact because the Citywide Trail System as shown on the Conceptual Open Space and Conservation Map of the Open Space and Conservation Element of the Carlsbad General Plan would be incomplete without these segments. Land Use Finding Pursuant to Section 15091 (a) (1) of the State CEQA Guidelines, changes or alteration are required in, or incorporated into, the project that will avoid the significant environmental effect as identified in the FSEIR. The following mitigation measures would reduce the impact to below a level of significance. Land Use Mitigation Measures 1. Prior to recordation of a final map for Planning Areas “D” or “G,” an irrevocable offer of dedication shall be made for a 20-foot wide easement immediately adjacent to the eastern Cannon Road right-of-way, extending from the easement and trail segment off-site within Planning Area “E” of Kelly Ranch, and running along Cannon Road to the southern project boundary. 2. Prior to pad certification for Planning Areas “D,” “G” or “H,” the developer shall construct the trail segment along Cannon Road from Planning Area “E” to the southern project boundary. The developer shall maintain the trail until such time as trail maintenance is accepted by the City. 3. Prior to recordation of a final map for Planning Area “J,” an irrevocable offer of dedication shall be made for a 12-foot wide easement (or floating easement if no location can be determined), extending from the off-site Evans Point subdivision, to the southern project boundary. The applicant has proposed an alternative trail alignment as shown in Figure 1 .l .l 1 of the FSEIR. This alignment would avoid all of the southern maritime chaparral impacts associated with Trail Segment 24. Only minor impacts to coastal sage scrub would result. 17 3s” 4. Prior to pad certification for Planning Area “J,” the developer shall construct the trail segment from Evans Point to the southern project boundary. The developer shall maintain the trail until such time as trail maintenance is accepted by the City. Land Use Conclusions With the implementation of the above mitigation measures, the proposed Kelly Ranch project land uses would be consistent with the City of Carlsbad General Plan and Zoning Ordinance, and all other applicable policies, ordinances and programs. C. LandformNisual Resources LandformNisual Resources Impacts The southernmost multi-family residential buildings and parking lots in Planning Areas “G” and “H” would be clearly visible from the golf course and park planned for the area to the south. This is considered to be a significant impact due to the lack of landscaping proposed along the perimeter of the housing and parking areas. LandformNisual Resources Finding Pursuant to Section 15091 (a) (I 1 of the State CEQA guidelines, changes or alteration are required in, or incorporated into, the project that will avoid the significant environmental effect as identified in the FSEIR. The following mitigation measures would reduce the impact to below a level of significance. LandformNisual Resources Mitigation Measures 1. The Refined Landscape Zone (Zone 2) shown in the Landscape Concept Plan shall be extended around the southern edge of the multi-family housing in Planning Areas “G” and “H.” Landform/Visual Resources Conclusion The off-site southerly view impacts would be reduced to a less than significant level by the implementation of the mitigation measure included in the preceding discussion. D. Noise Noise Impacts The multi-family units proposed to be constructed adjacent to Cannon Road (Lots 162, 165, 167, and 168) would be exposed to the highest noise levels. The multi- family units nearest Cannon Road would be significantly impacted because the noise levels in the yard adjacent to the structure would exceed the City standard of 60.0 dB CNEL. 18 36 Noise Finding Pursuant to Section 15091 (a) (1) of the State CEQA guidelines, changes or alteration are required in, or incorporated into, the project that will avoid the significant environmental effect as identified in the FSEIR. The following mitigation measures would reduce the impact to below a level of significance. Noise Mitigation Measures 1. Noise barriers, consisting of berms and walls, shall be constructed along the top of the slope adjacent to Cannon Road as shown in Figure 2.4.1 of the FSEIR. The required height for the barriers is indicated on Figure 2.4.1. An alternative barrier for Lot 161 is shown on Figure 2.4.1. This alternative would provide an equal level of protection for Lot 162 with a shorter barrier height. If selected, an analysis shall be completed to determine the exact height required to comply with City noise standards. The barriers shall have a surface density of at least 3.5 pounds per square-foot, and have no openings or cracks. The barriers may be constructed of wood studs with stucco exterior, 3/8 inch plate glass, 5/8 inch Plexiglas, any masonry material, or a combination of these materials. 2. A calculation of interior noise levels shall be prepared and submitted to the City of Carlsbad at the time final architectural plans are completed. The calculations shall demonstrate that the residential building materials (e.g., double pane glass for windows facing Cannon Road) would reduce interior noise levels to 45 dB or less. Noise Conclusions Implementation of the recommended mitigation measures would reduce noise impacts to a less than significant level. E. Cultural Resources Cultural Resources Based on the data provided in the 1982 Archaeological Associates report, and the 1986 Koerper report, clearly Site KR-1 (SDI-9649) qualifies as a significant resource. The site qualifies under criteria 2, 4, 5, and 9 listed in Appendix K of the State CEQA Guidelines. The Kelly Ranch “Core Area” project could have a significant effect on the deposits within SDI-9649 because: l The sample size of the previous testing was too small to actually comply with the mitigation levels in the 1983 EIR; l The screen size used was too large to meet- City guidelines; l Additional subsurface delineation of the eastern portion of the site needs to be completed; and 19 37 v Ranch &E.GL/ Plan Amerrdment 81 Y # . . . Core Area Subdrvwon Findinas of Fact l The previous work on SDI-9649 was intended to complete a mitigation program for the disturbance of 10% of the archaeological site. The remaining five sites within the Kelly Ranch “Core Area” do not contain the level of information potential to be recognized as significant. Each of these five non- significant sites has no subsurface deposit and all surface artifacts have been recovered. Cultural Resources Finding Pursuant to Section 15091 (a) (I) of the State CEQA guidelines, changes or alteration are required in, or incorporated into, the project that will avoid the significant environmental effect as identified in the FSEIR. The following mitigation measures would reduce the impact to below a level of significance. Cultural Resources Mitigation Measures 1. Brushing of the project site shall be monitored by an archaeologist, so that as areas are cleared, the property can be assessed for the presence of any archaeological sites not previously discovered. Any sites that are discovered by the monitor would be evaluated for significance and, if found to be significant, a mitigation program would be implemented to address the potential impacts. The monitor would have the authority to halt or redirect the brushing activity if any resources are discovered. 2. A data recovery program shall be completed to address the following issues: l Define the eastern portion of the site to determine the limits of subsurface deposits. l Identification of research issues to be evaluated in the research program and the methodology to be employed to accomplish the research objectives. The research design must be submitted to the City for review. l The level of effort should be 1 O-l 5% in the central, most significant portion of the deposit, 5-10% of the surrounding moderately significant midden, and 2-5% of the peripheral deposit. The laboratory analysis of the recovered materials should include all aspects of studies typically included in such programs, such as radiocarbon dating, fauna1 and ecofactual analysis, obsidian analysis, lithic reduction analysis, residue analysis, and flake analysis. 3. A monitor shall be present during the grading of the first five to ten feet of soil throughout the project site. Any buried deposits encountered during grading would be subject to evaluation, as required by City guidelines. 4. A qualified paleontologist shall: (I) be present at pre-grading conferences: and (2) coordinate a monitoring and salvage program. 20 Cultural Resources Conclusions Implementation of the recommended mitigation measures would reduce cultural resources impacts to a less than significant level. IX. CUMULATIVE SIGNIFICANT EFFECTS AND MITIGATION MEASURES Past, present, and reasonably anticipated projects in the Kelly Ranch project area that were evaluated in the cumulative effects section of the FSEIR include: Cannon Road (Reach 1 & 2); Carlsbad Ranch (Legoland); Kelly Ranch “Core Area”; Kelly Ranch Village “E”; Ranch0 Carlsbad Mobile Home park (Phase 2); and Carlsbad Municipal Golf Course. Detailed information concerning these projects is contained in Table 3.1 .I of the FSEIR. A. Biological Resources Cumulative Biological Resources Impacts The cumulative effects of all the projects include coastal sage scrub (70.53 ac.), southern willow scrub and mule fat (38.48 ac), brackish marsh (0.10 ac.), riparian herb (1.04 ac.), southern mixed chaparral (3.20 ac.), southern maritime chaparral (11.27 ac.), non-native grassland (192.99 ac.), and open water (0.14 ac.). Thirteen California gnatcatcher habitat use areas would be impacted. Information available at the time of the FSEIR preparation indicates that seventy percent of this impact (9 pr.) is associated with the golf course project. Both Cannon Road and the Kelly Ranch “Core Area” affect two gnatcatchers habitat use areas. These gnatcatchers were sighted adjacent to the Cannon Road alignment. Least Bell’s vireo and southwestern willow flycatchers would be affected only by the Cannon Road project. Other species cumulatively affected include orangethroat whiptail, northwestern San Diego pocket mouse, San Diego desert woodrat, prostrate spineflower, western dichondra, and decumbent goldenbush. Cumulative Biological Resources Finding Pursuant to Section 15091 (a) (1) of the State CEQA guidelines, changes or alteration are required in, or incorporated into, the project that will avoid the significant environmental effect as identified in the FSEIR. Cumulative Biological Resources Mitigation Measures Mitigation measures have been included as conditions of approval for each of the approved projects. These measures require no net loss of wetlands and compliance with the federal ESA section 4(d) rule that limits the cumulative loss of coastal sage scrub in the City of Carlsbad to five percent. The 4(d) rule will remain in effect until such time as the City’s Habitat Management Plan (HMP) is adopted and the U.S. Fish & Wildlife Service issues a section lO(a)(l )(B) permit. Subsequent losses of coastal sage scrub would be limited to that authorized by the Section IO(a)(l)(B) 21 39 permit. Each project approval includes Natural Community Conservation Planning Program (NCCP) findings that document the consistency of the project with the NCCP Plan. The Kelly Ranch “Core Area” project would be approved under the provisions of the HMP section lO(a)(l I(B) permit, or under a separate section 1 O(a)(l I(B) permit. No mitigation measures beyond those included in each project approval are required to reduce cumulative impacts to a less than significant level. Cumulative Biological Resources Conclusions Each approved project is conditioned to insure that no net loss of wetlands will occur as a result of project implementation. The ESA Section 4(d) rule limits the cumulative loss of coastal sage scrub within the City of Carlsbad to five percent. B. Land Use Cumulative Land Use Impacts All of the projects in the area are consistent with the adopted plans of the City of Carlsbad. The Carlsbad Ranch project and Kelly Ranch “Core Area” project propose General Plan Amendments to adjust the boundaries of the General Plan land use areas to reflect the most recent environmental data available and to adjust for specific development site plans. The cumulatively related projects are compatible with existing land uses in the area and do not adversely effect the surrounding areas. The projects are also consistent with the provisions of the draft Habitat Management Plan. Cumulative Land Use Finding No changes or alterations are required in the project to avoid cumulative significant land use effects. Cumulative Land Use Mitigation No mitigation measures beyond those included in each project approval are required to reduce cumulative impacts to a less than significant level. Cumulative Land Use Conclusions No significant land use impacts would result from the development of the cumulatively related projects. C. LandformNisual Resources Cumulative LandformNisual Resources Impacts All of the cumulatively related projects involve grading and modification of the existing landforms. The visual effects of the grading are minimized by the 22 ‘rlo - Kellv Ranch General Plan Amendment & A. Co re Area” S&division Findinas of Fact adherence to the requirements of the Coastal Resource Protection Overlay Zone, Hillside Development Regulations and Guidelines, and the Landscaping Manual. The City of Carlsbad reviews all projects against the standards established in these ordinances and policies, and conditions all projects to insure that the standards are observed. Waivers are granted only when the required findings can be made to justify a waiver. Cumulative LandformNisual Resources Finding No changes or alteration are required in the project to avoid cumulative significant landform/visual resource effects. Cumulative LandformNisual Resources Mitigation No mitigation measures beyond those included in each project approval are required to reduce cumulative impacts to a less than significant level. Cumulative Landformhisual Resources Conclusions No significant landform/visual resource would result from the development of the cumulatively related projects. D. Noise Cumulative Noise Impacts The noise analyses completed for the cumulatively related projects identified noise reduction measures that are appropriate for each project. The Ranch0 Carlsbad Mobile Home Park, Kelly Ranch “Village E,” and Kelly Ranch “Core Area” projects will be required to construct noise barriers along College Boulevard and Cannon Road. The Cannon Road project is also required to construct noise barriers at selected locations to reduce noise levels in adjacent native habitat where sensitive species would be adversely affected. Cumulative Noise Finding No changes or alteration are required in the project to avoid cumulative significant noise effects. Cumulative Noise Mitigation No mitigation measures beyond those included in each project approval are required to reduce cumulative impacts to a less than significant level. Cumulative Noise Conclusions No significant noise impact would result from the development of the cumulatively related projects. 23 E. Traffic/Circulation Cumulative Traffic/Circulation Impacts With mitigation, project-specific impacts will be less than significant. However, as indicated in the City’s General Plan Master EIR, the implementation of subsequent projects (e.g., the Kelly Ranch “Core Area” project) that are consistent with, and included in, the updated 1994 General Plan will result in increased traffic volumes (FSEIR, p. 3.9). Roadway segments will be adequate to accommodate buildout traffic; however, 12 full and two partial intersections will be severely impacted by regional through-traffic over which the City has no jurisdictional control. Regional related circulation impacts are considered cumulatively significant because of the failure of intersections at buildout of the General Plan due to regional through-traffic, therefore, the proposed project’s contribution, although minor, will still contribute to a significant cumulative impact. Cumulative Traffic/Circulation Findings Pursuant to Section 15091 (a) (I) of the State CEQA Guidelines, changes or alteration are required in, or incorporated into, the project that will avoid the significant environmental effect as identified in the FSEIR. The cumulative impacts are anticipated to remain significant. Pursuant to Section 15091 (a)(3) of the State CEQA Guidelines, there are no feasible measures that would mitigate the impact below a level of significance. As described in the Statement of Overriding Considerations, the City Council has determined that this impact is acceptable because of specific overriding considerations. Cumulative Traffic/Circulation Mitigation Measures The proposed project’s design incorporates several traffic mitigation measures identified in the City’s General Plan Master EIR. These design components include the provision of trail segments that will provide access to the City’s trail system, including a trail along Canon Road. Cumulative Traffic/Circulation Conclusions Cumulative traffic/circulation impacts on a citywide basis are an unavoidable, significant impact. A “Statement of Overriding Considerations” must be adopted if the decision-makers determine to approve the Kelly Ranch project. F. Air Quality Cumulative Air Quality Impacts Project-specific impacts will be less than significant. However, as indicated in the City’s General Plan Master EIR, the implementation of subsequent projects (e.g., the Kelly Ranch “Core Area” project) that are consistent with, and included in, the updated 1994 General Plan will result in increased air emissions in the area (FSEIR, p. 3.9). Since the San Diego air Basin is a “non-attainment basin,” any additional air 24 Y I(ellv Ranch General Plan Am-tire Area I . . . Sub&won Findinas of Fact emissions are considered cumulatively significant, therefore, continued development to buildout as proposed in the updated General Plan will have cumulative significant impacts on the air quality of the region. Cumulative air quality impacts are anticipated to remain significant and unavoidable. Cumulative Air Quality Findings Pursuant to Section 15091 (a) (1) of the State CEQA Guidelines, changes or alteration are required in, or incorporated into, the project that will avoid the significant environmental effect as identified in the FSEIR. The cumulative impacts are anticipated to remain significant. Pursuant to Section 15091 (a)(3) of the State CEQA Guidelines, there are no feasible measures that would mitigate the impact below a level of significance. As described in the Statement of Overriding Considerations, the City Council has determined that this impact is acceptable because of specific overriding considerations. Cumulative Air Quality Mitigation Measures To lessen or minimize the impact on air quality associated with General Plan buildout, a variety of mitigation measures are recommended in the final Master EIR. These include: 1. Provisions for roadway and intersection improvements prior to or concurrent with development; 2. Measures to reduce vehicle trips through the implementation of congestion and Transportation Demand Management; 3. Provisions to encourage alternative modes of transportation including mass transit services; 4. Conditions to promote energy efficient building and site design; and 5. Participation in regional growth management strategies when adopted. The applicable and appropriate General Plan air quality mitigation measures have either been incorporated in the design of the Kelly Ranch project or are included as conditions of project approval. Cumulative Air Quality Conclusions Cumulative air quality impacts on a citywide basis are an unavoidable, significant impact. A “Statement of Overriding Considerations” must be adopted if the decision-makers determine to approve the Kelly Ranch project. 25 43 Kellv Ranch General Plan Amerrdment 81 ” Core Area ” Subd! ‘v’ . won Findinas of Fact X. FEASIBILITY OF POTENTIAL PROJECT ALTERNATIVES Because the project will cause some unavoidable cumulative significant environmental effects, as outlined above (see Section IX), the City must consider the feasibility of any environmentally superior alternative to the project, as finally approved. The City must evaluate whether one or more of these alternatives could avoid or substantially lessen the unavoidable significant environmental effects. Citizens for Quality Growth v. City of Mount Shasta (1988) 198 Cal. App. Ed 433 [243 Cal. Rptr. 7271; see also Public Resources Code Section 21002. Because it is a judgement call whether an alternative is environmentally superior these findings contrast and compare all of the alternatives in the FSEIR. In general, in preparing and adopting findings a lead agency need not necessarily address the feasibility of both mitigation measures and environmentally superior alternatives when contemplating the approval of a project with significant effects. Where the significant effects can be mitigated to an acceptable (insignificant) level solely by the adoption of mitigation measures, the agency, in drafting its findings, has no obligation to consider the feasibility of environmentally superior alternatives, even if their impacts would be less severe than those of the project as mitigated. Laurel Heights Improvement Association v. Regents of the University of California (1988) 47 Cal. 3d 376 [253 Cal Rptr. 4261; Laurel Hills Homeowners Association v. City Council (1978) 83 Cal. App. 3d 515 [I47 Cal. Rptr. 8421; see also Kings County Farm Bureau v. City of Hanford (1990) 221 Cal. App. 3d 692 [270 Cal. Rptr. 6501. Accordingly, for this project, in adopting the findings concerning project alternatives, the City Council considers only those environmental effects that for the finally approved project, are significant and cannot be avoided or substantially lessened through mitigation. Whereas, in this project, significant environmental effects remain even after application of all feasible mitigation measures identified in the FSEIR, the decision-makers must evaluate the project alternatives identified in the FSEIR. Under these circumstances, CEQA requires findings on the feasibility of project alternatives. If no project alternatives are feasible, the decision-makers must adopt a Statement of Overriding Considerations with regard to the project. If there is a feasible alternative to the project, the decision-makers must decide whether it is environmentally superior to the project. Proposed project alternatives considered must be ones which “could feasibly attain the basic objectives of the project.” However, the State CEQA Guidelines also require an EIR to examine alternatives “capable of eliminating” environmental effects even if these alternatives “would impede to some degree the attainment of the project objectives.” [State CEQA Guidelines Section 15126 subd. id)]. CEQA provides the following definition of the term “feasible” as it applies to the findings requirement; “Feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors.” Public Resources Code, 521061.1. The State CEQA Guidelines provide a broader definition “feasibility” that also encompasses “legal” factors. The State CEQA Guidelines, 015364 (“The lack of legal powers of an agency to use in imposing an alternative or mitigation measure may be as great a limitation as any economic, environmental, social, or technological factor.“) Accordingly, “feasibility” is a 26 44 ,- Kellv Ranch General Plan Amendment & I Co re Area” Subdivision Findinas of Fact term of art under CEQA and thus is afforded a different meaning as may be provided by Webster’s Dictionary or any other sources. Moreover, Public Resources Code Section 21080 governs the “findings” requirement under CEQA with regard to the feasibility of alternatives. It states in relevant part: I, . . . [Nlo public agency shall approve or carry out a project for which an environmental impact report has been certified which identifies one or more significant effects on the environment that would occur if the project is approved or carried out unless the public agency makes one or more of the following findings: (a)(3) Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in the environmental impact report.” The concept of “feasibility,” therefore, as it applies to findings, involves a balancing of various economic, environmental, social, legal, and technological factors. See Public Resources Code 521061 .I; State CEQA Guidelines, §I 5364; Public Resources Code, 521081; see also City of De/Mar v. City of San Diego (1992) 133 Cal. App. 3rd 401, 414- 417. In City of De/ Mar v. City of San Diego (1992) 133 Cal. App. 3rd 401, 414-417, the Court of appeal found that the City of San Diego had “. . . considered and reasonably rejected . . . [certain] project alternatives . . . as infeasible in view of the social and economic realities of the region.” U. at 417. The court determined that San Diego had attempted to accommodate the feasibility factors based upon its growth management plan that included the proposed development project. ‘Accordingly, the court concluded: “Assuming this accommodation is a reasonable one (citation omitted), San Diego is entitled to rely on it in evaluating various project alternatives. The cost-benefit analysis, which led to the accommodation, is of course subject to review, but it need not be mechanically stated at each stage of the approval process. in this sense, ‘feasibility’ under CEQA encompasses economic, environmental, social, and technological factors. We accordingly conclude that San Diego did not abuse its discretion under CEQA in rejecting various project alternatives as infeasible.” J.& (emphasis added). These findings contrast and compare the alternatives where appropriate in order to demonstrate that the selection of the finally approved project, while still resulting in significant environmental impacts, has substantial environmental, planning, fiscal, and other benefits. In rejecting all of the alternatives, the decision-makers have examined the finally approved project objectives and weighed the ability of the various alternatives to meet the objectives. The decision-makers believe that the project best meets the finally approved project objectives with the least environmental impacts. The objectives considered by the decision-makers are: 27 4s’ - /(elk Ranch General Plan Amendment & Y Co re Area” Subdivision Findings of Fact l Development of a residential subdivision at a density consistent with the City of Carlsbad General Plan, Growth Management Plan, Local Coastal Plan, and Hillside Development Ordinance. l Development of a residential neighborhood, including single-family and multi- family units. l Development of a residential community compatible with surrounding land uses. . Locate residential units to maximize view opportunities while preserving the integrity of off-site viewsheds. l Identify and preserve, to the greatest extent practical, the known environmental resources on the property. l Preserve native habitat in open space that is consistent with the open space shown in the draft City of Carlsbad Habitat Management Plan. A. No Project/No Development Alternative Description of Alternative CEQA requires the analysis of the No Project Alternative (Public Resources Code Section 15126). This alternative assumes that the site would not be developed with the proposed project, and the site would remain in its existing condition. Finding The No Project/No Development alternative does not attain the basic objectives of the proposed project and specific or other considerations identified in the FSEIR support the determination that the No Project/No Development alternative is infeasible. Facts in Support of Finding Specific facts supporting the rejection of the No Project/No Development alternative are as follows. 1. The No Project/No Development alternative would not develop the “Core Area” property with single-family and multi-family dwelling units that are consistent with the land use designations of the City of Carlsbad General Plan, Growth Management Plan, and Local Coastal Plan. 2. The No Project/No Development alternative would not implement the City of Carlsbad/Kelly Ranch Affordable Housing Agreement, nor would it increase the City’s stock of affordable housing. 3. The No Project/No Development alternative would not be compatible with the existing and planned land uses in the surrounding area. 28 4. The No Project/No Development alternative would not assure the dedication of open space to preserve the known environmental resources on the property. 5. The No Project/No Development alternative would not contribute to the implementation of the draft City of Carlsbad Habitat Management Plan. B. Kelly Ranch Master Plan Alternative Description of Alternative This alternative assumes that the project site would be developed under the existing approved Kelly Ranch Master Plan that remains in effect. Development applications could be submitted in accord with the provisions of the Master Plan. Development of the “Core Area” under the Master Plan alternative would be limited to a maximum of 679 du by the General Plan top-of-the-range, and 508 dwelling units by the General Plan Growth Management Control Point. The proposed Kelly Ranch “Core Area” project proposes to construct 656 single-family and multi-family units within the “Core Area.” Thus, under the Master Plan alternative an additional 23 dwelling units could be constructed at the General Plan top-of-the-range (see FSEIR Table 1 .l .l). Exhibit 5 in the Kelly Ranch Master Plan FEIR (83-4) illustrates the conceptual development plan approved in the Master Plan. Figure 1.1 .l 1 in the final Supplemental EIR (98-05) illustrates the precise areas that are proposed to be developed. The two development areas are essentially the same, however, the “proposed project” shown in Figure 1 .l .l 1 has been refined to maximize the preservation of biologically sensitive resources, and to comply with the City’s hillside development and grading standards. Finding The Kelly Ranch Master Plan alternative does not fully attain the basic objectives of the proposed project and specific or other considerations identified in the FSEIR support the determination that the Kelly Ranch Master Plan alternative is infeasible. Facts in Support of Finding Specific facts supporting the rejection of the Kelly Ranch Master Plan alternative are as follows. 1. The Kelly Ranch Master Plan alternative would construct 23 more dwelling units than would the proposed “Core Area” project. These additional units would not appreciably add to the City’s housing stock, and would be detrimental to the character of the overall housing design by forcing too many units into the developable area of the project site. 29 47 n - Kellv Ranch General Plan mnt & ” I . . . Core Area Subdwslon . . mdmas of Fact 2. The Kelly Ranch Master Plan is not considered environmentally superior to the proposed “Core Area” project because: a) The landform, visual, land use, and noise impacts of the alternative would be essentially the same for the proposed Kelly Ranch “Core Area” project; and b) The Master Plan alternative development design for the ‘Core Area,” as shown in Figure 1 .1.7, predated the preparation of the City’s draft “Habitat Management Plan. Consequently the alternative design is not as responsive to the biological sensitivity of the north-south and east-west wildlife corridors as is the proposed “Core Area” project. 3. The Kelly Ranch Master Plan alternative would not reflect changes in the General Plan update (1994) and Local Facilities Management Ordinance (1986) that were adopted after the Kelly Ranch Master Plan. 4. The proposed “Core Area” project is more responsive to the sensitivity of the physical environmental as currently defined by the Updated General Plan (1994) and the draft Habitat Management Plan than is the Master Plan alternative. . STATEMENT OF OVERRIDING CONSIDERATIONS The project would have significant, unavoidable impacts on the following areas, described in detail in Section X of these Findings of Fact (Cumulative Significant Effects and Mitigation Measures): l Air Quality (Cumulative); and l Traffic (Cumulative. The City has adopted all feasible mitigation measures with respect to these impacts. Although in some instances these mitigation measures may substantially lessen these significant impacts, adoption of the measures will not fully avoid the impacts. The City has examined a reasonable range of alternatives to the project. Based on this examination, the City has determined that none of these alternatives both (1) meets project objectives, and (2) is environmentally preferable to the finally approved project. As a result, to approve the project the City must adopt a “statement of overriding considerations” pursuant to State CEQA Guidelines Sections 15043 and 15093. This statement allows a lead agency to cite a project’s general economic, social or other benefits as a justification for choosing to allow the occurrence of specified significant environmental effects that have not been avoided. The state explains why, in the agency’s Judgment, the project’s benefits outweigh the unavoided significant effects. CEQA does not require lead agencies to analyze “beneficial impacts” in an EIR. Rather, ElRs are to focus on potential “significant effects on the environment,” defined to be “adverse” (Public Resources Code, Section 21068). The Legislature amended the definition to focus on “adverse” impacts after the California Supreme court had held that beneficial impacts must also be addressed [see Wildlife Alive v. Chicket-ing (1976) Cal. Ed 190, 206 [132 Cal. Rptr. 37711. Nevertheless, decision-makers benefit from information about project benefits. These benefits can be cited if necessary, in a state of overriding consideration (see State CEQA Guidelines, Section 15093). The City finds that the project would have the following substantial social, environmental and economic benefits: 1. The proposed project will lead to the provision of needed housing with a diversity of types, prices, tenures, densities and locations and in sufficient quantity to meet the demand of anticipated City and regional growth. 2. The proposed project includes 132 affordable housing units in accord with the provisions of the City of Carlsbad/Kelly Ranch Affordable Housing Agreement. This agreement implements the General Plan Housing Element Goal 3 to provide sufficient new, affordable housing opportunities in all quadrants of the City to meet the needs of current lower and moderate income households and a fair share proportion of future lower and moderate income households. 31 KeJJv Ranch General PJan Amendment & Tore Area I . . . Subdws ton Findinos of Fact 4. The proposed project provides a variety of housing opportunities in close proximity to employment centers (e.g., Legoland, Carlsbad Research Park, and other industrial centers adjacent to the Palomar Airport Road/El Camino Real intersection.) 5. The proposed project funds a portion of the construction costs of Cannon Road that implements the City’s Circulation Element and will contribute to a greater distribution of ADT throughout the central part of the City and thereby potentially lessening impacts to some existing intersections. 6. The proposed project will deed restrict land for the provision of needed community facilities such as the Agua Hedionda Lagoon Foundation Visitor Center and a day- care center. 7. The proposed project will contribute a proportionate share of the funding needed to provide administrative facilities, library facilities, parks, and schools on a citywide basis. 8. The proposed project will construct portions of the regional sewer system needed to serve LFMP 8. 9. The proposed project protects and provides for the management of environmentally sensitive land, natural resources, sensitive flora and fauna, wildlife habitat, and existing biodiversity which may not otherwise be protected and preserved. lO.The proposed project will preserve a key corridor in Core Area #4 of the draft Habitat Management Plan for Natural Communities in the City of Carlsbad which may not otherwise be preserved. 32 EXHIBIT “C” DRAFT SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT MITIGATION MONITORING PROGRAM for the KELLY RANCH GENERAL PLAN AMENDMENT and “CORE AREA” SUBDIVISION (CT 9746) Prepared fooc;City of Carlsbad Planning Department 2075 Las Palmas Drive Carlsbad, CA 92009 Contact: Christer Westman (760) 438-1161 x4448 Prepared byrA.D. Hinshaw Associates 3570 Camino Del Rio’North, Ste. 104 San Diego, CA 92108-I 747 Contact: Philip L. Hinshaw (619) 280-2264 &Q&t ProponentKelly Land Company 2011 Palomar Airport Road Carlsbad, CA 92009 Contact: D.L. Clemens (760) 931-I 190 June IO,1998 J<ellv Ranch EIR uDose P r- f he i’- r MRP The purpose of the MMRP is to ensure that the mitigation measures required by the Environmental Impact Report (EIR) for the Kelly Ranch “Core Area” are properly implemented. The City of Carlsbad will monitor the mitigation measures required for development of the Kelly Ranch “Core Area” subdivision. The MMRP Checklist provides a mechanism for monitoring the mitigation measures in compliance with the EIR, and general guidelines for the use and implementation of the monitoring program are described below. . . . JVlrtraation Mdnitorina ChecklIst The Mitigation Monitoring Checklist is organized by the time of implementation and by categories of environmental impacts. For each impact area, the impacts identified in the EIR are summarized and the required mitigation measures are listed. The following items are identified for each mitigation measure to ensure the implementation of each measure: (1) responsibility for implementation and monitoring; (2) date of completion; and (3) initials of monitor. A “Comments” column is provided for the monitor to insert comments concerning the completion of the mitigation measures. Timing The mitigation measures will be implemented at various times as development proceeds. Some measures are implemented as plans are completed (e.g., final map, grading permit, etc.) while others are completed during construction (e.g., during grading). Finally, some measures may be completed at the end of the construction process, but before the issuance of certificates of occupancy. 5Donsibility For each mitigation measure, the responsibility party for implementing the measure is identified. In most cases, the applicant is the responsible party. The entity responsible for monitoring the implementation is also identified. In most cases, the City of Carlsbad is responsible for monitoring. City departments charged with community development, resource management, infrastructure and public services are typically assigned monitoring responsibility. If mitigation measures are requested by an agency that has jurisdiction by law over some component of the environment, the City can request the agency to prepare a mitigation monitoring program for those mitigation measures. Verification of CompletionThe “Completion” columns have been left blank. The mitigation monitor will use these columns to indicate the date of completion, and to initial the completion of the mitigation measure. Comments A comments column is included to provide space for the monitor to record notes and observations as needed. 6/l 0198 i 52 t i i 1 , , I , 1 . 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GPA 97-07 WHEREAS, Kelly Land Company, “Developer”, has filed a verified application with the City of Carlsbad regarding property owned by the Kelly Land Company and Shea Homes Limited Partnership, “Owner”, described as A portion of Lot “1” of Ranch0 Agua Hedionda and a portion of Lot “F” of Ranch0 Agua Hedionda, all in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 823, filed in the office of the County Recorder of San Diego on November 16,1896 (“the Property”); and WHEREAS, said application constitutes a request to amend the Land Use Map of the Land Use Element of the General Plan for certain properties from RM to RLM, RM to RMH, T-R to N, RMH to OS, OS to RMH, and OS to RLM; and WHEREAS, the recommended amendment to the General Plan Land Use Map is as shown on Exhibit “GPA 97-07 “ dated April 7, 1999, attached hereto KELLY RANCH, GPA 97-07, all as provided in Section 21.52.160 Government Code Section 65.350 and et. seq. of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 7th day of April 1999, hold a duly noticed public hearing as prescribed by law to consider said request; 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, 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 the General Plan Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission COMMENDS APPROVAL of KELLY RANCH, GPA 97-07, based on the following findings: Findings: 1. 2. 3. 4. 5. 6. 7. That the proposed amendments to the Land Use Element of the General Plan from RM to RLM and RMH as modified will result in an overall reduction of the allowable residential density within the project area and will therefore not compromise the City’s Growth Management Ordinance. That the proposed change from RM to RMH is appropriate in that the higher density is located adjacent to a circulation element roadway and close to the employment centers of the Industrial corridor. That the proposed change from RM to RLM as modified is appropriate in that the lower density designations are located within areas of moderate topography which limits access and the net area of development. That the proposed change from T-Ik to 0 and OS will effectively reduce the use intensity of Area “F” which has limited developable area and is adjacent to a significant sensitive biological resource. That the proposed open space area as modified is equal to or greater than the area depicted on the Official Open Space and Conservation Map. That the proposed open space area as modified is of environmental quality equal to or greater than that depicted on the Official Open Space and Conservation Map. That the proposed open space as modified is contiguous or within close proximity to open space as shown on the Official Open Space and Conservation Map PC RESO NO. 4492 -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 . . Condltlop 1. Approval of GPA 97-07 is granted subject to the approval of ZC 97-07, MP 174(B), LCPA 97-09, and ZCA 99-03. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 7th day of April 1999, by the following vote, to wit: AYES: Chairperson Heineman, Commissioners Compas, L’Heureux, Savary, and Segall NOES: ABSENT: Commissioners Nielsen and Welshons ABSTAIN: COURTNEY E. CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HzZMIl%ER Planning Director -GENERAL PLAN AMENDMENT G PA: 97-07 draft q final 0 EXISTING PROPOSED Project Name: Related Case File No(s): Property/Legal Description(s): EIR 98-05lZC97-07RCA 99-031LCPA 97-091 A portion of Lot “I” of Ranch0 Agua Hedionda and a MP174(B)/CT 97-06/HDP 97-17KDP 97-431 portion of Lot “F” of Ranch0 Agua Hedionda, all in the City PlJD 99-02 of Carlsbad, County of San Diego, State of California, according to map thereof No. 823. filed in the office of 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 PLANNING COMMISSION RESOJ,UTION NO. 4493 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CHANGE FROM PC TO R-l-Q, R-3- Q, RDM-Q, R-P-Q, AND OS ON PROPERTY GENERALLY LOCATED SOUTH OF PARR DRIVE, NORTH OF VERTEIUNS’ MEMORIAL PARK, WEST OF EL CAMINO REAL IN LOCAL FACILITIES MANAGEMENT ZONE 8. CASE NAME: KELLY RANCH CASE NO. . zc 97-07 WHEREAS, Kelly Land Company, “Developer”, has filed a verified application with the City of Carlsbad regarding property owned by the Kelly Land Company and Shea Homes Limited Partnership, “Owner”, described as A portion of Lot “I” of Ranch0 Agua Hedionda and a portion of Lot “F” of Ranch0 Agua Hedionda, all in the City of Carlsbad, County of San Diego, State of California according to map thereof No. 823, filed in the office of the County Recorder of San Diego on November 16,1896 (“the Property”); and WHEREAS, said application constitutes a request to change the Zoning Map for certain property from PC to R-l, RDM, C-l and OS; and WHEREAS, the recommended amendment to the Zoning Map is set forth in the draft City Council Ordinance, Exhibit “XXX”, dated April 7, 1999 and attached hereto KELLY RANCH, ZC 97-07, as provided by Chapter 21.52 of the Carlsbad Municipal Code WHEREAS, the Planning Commission did on the 7th day of April, 1999, 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 the Zone Change; and 1 2 3 4 5 6 7 Find&s 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A> That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission COMMENDS APPROVAL of KELLY RANCH, ZC 97-07, based on the following findings: 1. That the recommended Zone Change from PC to R-l, R-l-Q, R-3-Q, RD-M-Q, R-P-Q and OS is consistent with the goals and policies of the various elements of the General Plan, in that the residential designations will allow a variety of residential development types which encourages a diverse community and the open space designation contributes to the community which has a high value on open space. 2. That those portions of the property proposed as R-3-Q and R-P-Q benefit the Kelly Ranch master plan area in that they allow child care centers whereas RDM and OS do not and child care centers are a desired component of neighborhood development in that they will provide a social benefit to those who live in the area. 3. That the recommended Zone Change will provide consistency between the General Plan and Zoning as mandated by California State law and the City of Carlsbad General Plan Land Use Element, in that the Land Use Map of the Land Use Element of the General Plan has been recently amended to identify areas within the subject property as RLM, RM, RMH and OS and the proposed Zone Change as modified is consistent with that General Plan Amendment. Cond . . 1t1oq 1. Approval of ZC 97-07 is granted subject to the approval of GPA 97-07, MP 174(B), LCPA 97-09, and ZCA 99-03. PC RESO NO. 4493 -2- 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on the 7th day of April 1999, by the following vote, to wit: AYES: Chairperson Heineman, Commissioners Compas, L’Heureux, Savary, and Segall NOES: ABSENT: Commissioners Nielsen and Welshons ABSTAIN: CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RESO NO. 4493 -3- b 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 - PLANNING COMMISSION RESOLUTION NO. 4543 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT REPEALING SECTION 21.38.160 REGARDING DEVELOPMENT STANDARDS IN KELLY POINT AND MACARIO CANYON. CASE NAME: KELLY RANCH CASE NO: ZCA 99-03 WHEREAS, Kelly Land Company, “Developer”, has filed a verified application with the City of Carlsbad regarding property owned by Kelly Land Company, “OwId', described as A portion of Lot “I” of Ranch0 Agua Hedionda and a portion of Lot “F” of Ranch0 Agua Hedionda, all in the City of Carlsbad, County of San Diego, State of California according to map thereof No. 823, filed in the offlice of the County Recorder of San Diego on November 16,1896, (“the Property”); and WHEREAS, the proposed amendment is set forth in the draft City Council Ordinance, Exhibit “X” dated, , April 7, 1999 and attached hereto KELLY RANCH ZCA 99- 03; and WHEREAS, the Planning Commission did on the 7th day of April, 1999, 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 the Zone Code Amendment; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are true and correct. 1 2 3 4 8 9 10 11 12 13 14 15 16 17 18 19 20 ABSTAIN: 21 22 23 24 25 26 27 28 W Findim: That based on the evidence presented at the public hearing, the Commission COMMENDS APPROVAL of KELLY RANCH, ZCA 99-03, based on the following findings: 1. That the proposed Zone Code Amendment ZCA 99-03 is consistent with the General Plan in that the subject development standards are redundant and are also contained within the Mello II segment of the Carlsbad Local Coastal Program. 2. That repealing Section 21.38.160 is consistent with actions taken for GPA 97-07 and ZC 97-07 which eliminated the requirement for a master plan in the Kelly Ranch. 3. That the proposed ZCA reflects sound principles of good planning . . Condrtm . 1. Approval of ZCA 99-03 is granted subject to the approval of GPA 97-07, ZC 97-07, LCPA 97-09, and MP 174(B). PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on the 7th day of April, 1999, by the following vote, to wit: AYES: Chairperson Heineman, Commissioners Compas, L’Heureux, Savary, and Segall NOES: ABSENT: Commissioners Nielsen and Welshons COURTNEY E’(HEINEMAN, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RESO NO. 4543 -2- 67 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 RESOJUTION NO. 4494 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE CARLSBAD LOCAL COASTAL PROGRAM TO BRING THE LAND USE DESIGNATIONS ON THE LOCAL COASTAL PROGRAM, GENERAL PLAN, AND ZONING MAP INTO CONFORMANCE ON PROPERTY LOCATED SOUTH OF PARR DRIVE, NORTH OF VETERANS’ MEMORIAL PARR, WEST OF EL CAMINO REAL IN LOCAL FACILITIES MANAGEMENT ZONE 8 AND TO REPEAL SECTION 21.38.160 OF THE CARLSBAD MUNICIPAL CODE. CASE NAME: KELLY RANCH CASE NO: LCPA 97-09 WHEREAS, California State law requires that the Local Coastal Program, General Plan, and Zoning designations for properties in the Coastal Zone be in conformance; and . WHEREAS, Kelly Land Company, “Developer”, has filed a verified application for an amendment to the Local Coastal Program designations regarding property owned by Kelly Land Company and Shea Homes Limited Partnership, “Owner”, described as A portion of Lot “1” of Ranch0 Agua Hedionda and a portion of Lot “F” of Ranch0 Agua Hedionda, all in the City of Carlsbad, County of San Diego, State of California according to map thereof No. 823, filed in the office of the County Recorder of San Diego on November 16,1896 (“the Property”); and WHEREAS, said verified application constitutes a request for a Local Coastal Program Amendment as shown on Exhibit(s) “LCPA 97-09”, and “LCPA 97-09 TEXT” dated April 7,1999 attached to Planning Resolution No. 4543 as provided in Public Resources Code Section 30574 and Article 15 of Subchapter 8, Chapter 2, Division 5.5 of Title 14 of the California Code of Regulations of the California Coastal Commission Administrative Regulations; 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 7th day of April 1999, 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 the Local Coastal Program Amendment. WHEREAS, State Coastal Guidelines requires a six week public review period for any amendment to the Local Coastal Program. 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) At the end of the State mandated six week review period, starting on January 21, 1999 and ending on March 4, 1999, staff shall present to the Planning Commission a summary of the comments received. C) That based on the evidence presented at the public hearing, the Commission COMmDS APPROVAL of KELLY RANCH, LCPA 97-09, based on the following findings, and subject to the following conditions: Findings: 1. That the proposed Local Coastal Program Amendment is consistent with all applicable policies of the Mello II and Agua J-Jedionda segments of the Carlsbad Local Coastal Program, in that the proposed land uses are already allowed within the Coastal Program segments in different configurations and no changes are proposed to Coastal Policies. 2. That the proposed text amendment to the Mello II and Agua Hedionda segments of the Carlsbad Local Coastal Program and the repeal of Section 21.38.160 of the Carlsbad Municipal Code is required to make the segments consistent with the City’s General Plan and Zoning Ordinance. Cond ** . 1troq. 1. Approval of LCPA 97-09 is granted subject to the approval of GPA 97-07, ZC 97-07, ZCA 99-03, and MP 174(R). PC PESO NO. 4494 -2- 639 1c \ 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting to the Planning Commission of the City of Carlsbad, held on the 7th day of April 1999, by the following vote, to wit: AYES: Chairperson Heineman, Commissioners Compaq L’Heureux, Savary, and Segall NOES: ABSENT: Commissioners Nielsen and Welshons ABSTAIN: COURTNEY%. gEINIkAN, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RESO NO. 4494 -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 PLANNING COMMISSION RESOLUTION NO. 4495 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A MASTER PLAN AMENDMENT TO RESCIND THE KELLY RANCH MASTER PLAN ON PROPERTY GENERALLY LOCATED SOUTH OF PARR DRIVE, NORTH OF VETERANS’ MEMORIAL PARR, WEST OF EL CAMINO REAL IN LOCAL FACILITIES MANAGEMENT ZONE 8. CASE NAME: KELLY RANCH WHEREAS, Kelly Land Company, “Developer”, has filed a verified application with the City of Carlsbad regarding property owned by Kelly Land Company and Shea Homes Limited Partnership, “Owner”, described as A portion of Lot “I” of Ranch0 Agua Hedionda and a portion of Lot “F” of Ranch0 Agua Hedionoda, all in the City of Carlsbad, County of San Diego, State of California according to map thereof No. 823, filed in the office of the County Recorder of San Diego on November 16,1896, (“the Property”); and WHEREAS, the Kelly Ranch Master Plan was adopted by City Council Ordinance No. 9735 on September 25, 1984; and WHEREAS, the proposed amendment is set forth in draft City Council Ordinance, Exhibit “XX” dated April 7, 1999 and attached hereto; KELLY RANCH MP 174(B) and WHEREAS, the Planning Commission did, on the 7th day of April 1999, 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 the Master Plan Amendment. 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 ) That based on the evidence presented at the public hearing, the Commission COMMENDS APPROVAL of KELLY RANCH, MP 174(B), to rescind the Kelly Ranch Master Plan based on the following findings: NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: 4 That the foregoing recitations are true and correct. Findings: 1. That rescinding the Kelly Ranch Master Plan is consistent with the provisions of the General Plan in that the General Plan Land Use designations will not be impacted by the rescission and the General Plan required elements of a Master Plan will be provided through a combination of tract map, Local Facilities Management Zone Plan, Site Development Plan, and Planned Unit Development approvals. 2. That all necessary public and community facilities will be provided concurrent with need and adequate provisions have been provided to implement those portions of the Capital Improvement Program applicable to the subject property, in that all public and Master Plan required community facilities are required with the approval of site specific development proposals and are required as conditions in the Local facilities Management Plan for Zone 8 as amended concurrently herewith and/or CT 97-16 as approved concurrently herewith. 3. That residential and open space portions of the community will remain and will constitute an environment of sustained desirability and stability, and that it will be in harmony with or provide compatible variety to the character of the surrounding area, and that public facilities, such as schools, playgrounds and parks, will be provided to serve the anticipated population and appear acceptable to the public authorities having jurisdiction thereof, in that the Carlsbad Unified School District has entered into an agreement with the Kelly Land Company for the payment of school fees to offset impacts to the school district and in that the property is adjacent to the City proposed Veterans’ Memorial Park and in that no additional public park space is required since there is adequate private onsite recreation facilities and future projects will pay a park-in-lieu fee and in that CT 97-16 has included and or is conditioned to provide an integrated passive open space system which includes trails. 4. That the streets and thoroughfares proposed are suitable and adequate to carry the anticipated traffic thereon, in that all streets needed to serve the recommended project without the Master Plan are required by the tract map CT 97-16 conditions to be provided and developed to City of Carlsbad standards. 5. That the area surrounding the development is or can be planned and zoned in coordination and substantial compatibility with the development, in that rescission of the PC RESO NO. 4495 -2- 7a C Master Plan includes concurrent replacement of the Master Plan with zoning and that zoning has been coordinated and evaluated for compatibility with existing surrounding uses, in that the proposed zoning designations include single family and multi-family residential zones which are part of the existing adjacent built environment. 6. That the project proposed in lieu of the Kelly Ranch Master Plan provides an orderly implementation of the General Plan and embodies the comprehensive planning and development of a large tract of land which is the intent of a master plan. . . Condtt ton; 1. Approval of MP 174(8) is granted subject to the approval of GPA 97-07, ZC 97-07, ZCA 99-03, and LCPA 97-09. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 7th day of April 1999, by the following vote, to wit: AYES: Chairperson Heineman, Commissioners Compas, L’Heureux, Savary, and Segall NOES: ABSENT: Commissioners Nielsen and Welshons CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HOaMILtiR Planning Director PC RESO NO. 4495 -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 - CG PL N A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE LOCAL FACILITIES MANAGEMENT PLAN FOR ZONE 8 TO UPDATE FACILITIES REQUIREMENTS BASED ON THE APPROVAL OF THE KELLY RANCH CT 97-16 ON PROPERTY GENERALLY LOCATED WEST OF EL CAMINO REAL AND EAST OF VETERANS’ MEMORIAL PARR. CASE NAME: KELLY RANCH SE NO.. . LFMP 87-08 (B) I WHEREAS, Kelly Land Company has filed a verified application with the City of Carlsbad which includes the subdivision of 178 lots for residential development which has been referred to the Planning Commission; and WHEREAS, said application constitutes a request for a Local Facilities Management Plan Amendment for Zone 8 as shown on strikeout-bold exhibit Zone 8 Local Facilities Management Plan Amendment No.2 (dated April 7, 1999, on file in the Planning Department) and incorporated by this reference as provided in Section 21.90.125 of the Carlsbad Municipal Code; and WHEREAS, the Zone 8 Local Facilities management plan was adopted by the City Council on December 21, 1988 and most recently amended by the City Council on January 26, 1999 by City Council resolution No. 99-32; and WHEREAS, the Planning Commission did, on the 7th day of April 1999, 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 the Local Facilities Management Plan amendment for Zone 8. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: 74 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 A) That the above recitations are true and correct. W That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of KELLY RANCH, LFMP 87-08(B), based on the following findings and subject to the following conditions: Findinns: 1. That the Local Facilities Management Plan for Zone 8 is consistent with the Land Use Element, the Public Facilities Element, and the other Elements contained in Carlsbad’s General Plan, in that the assumed development within the Zone is consistent with Growth Management Policies C.l, C.2 and C.3 of the Land Use Element of the General Plan: A. adequate arrangements have been made for the provision of public facilities concurrent with need; B. all public facilities performance standards will be complied with, and C. funding for all necessary public facilities and services will be guaranteed prior to any development approvals, grading or building permits. 2. That the Local Facilities Management Plan amendment for Zone 8 is consistent with Chapter 21.90 of the Carlsbad Municipal Code (Growth Management), in that this Facility Plan has been amended consistent with Section 21.90.110, and all facility and service impacts (demands) associated with the proposed land uses have been analyzed and adequate facilities and services will be incorporated into the concurrent and future projects. 3. That the Local Facilities Management Plan for Zone 8 and the conditions contained therein will promote the public safety and welfare by ensuring that public facilities will be provided in conformance with the adopted performance standards and will be available prior to development occurring, in that all public facilities and services required for future development will be provided through conditions of approval placed on the concurrent and future tentative maps or site development plans for projects within LFMP Zone 8. 4. The Local Facilities Management Plan for Zone 8 will control the timing and locations of growth by timing the pace of development to the provision of public facilities and improvements, in that the Zone 8 LFMP contains a facility financing plan to ensure the coordination of development with the provision of necessary public facilities and services. PC RESO NO. 4496 -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 5. The Local Facilities Management Plan for Zone 8 will ensure public facilities and services are available in conformance with the adopted performance standards prior to development occurring, in that it links the rate of development to the provision of necessary public facilities and services. . . CondltlopS . . 1. The amended Zone 8 Local Facilities Management Plan, dated April 7, 1999 shall replace in its entirety, the Zone 8 LFMP dated December 21, 1988 and as amended September 24,1998. 2. Approval of LCPA 97-09 is granted subject to the approval of GPA 97-07, ZC 97-07, ZCA 99-03, and MP 174(B). NOTICE Please take NOTICE that approval of your project includes the “imposition”. of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from final action to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and tile the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PC RESO NO. 4496 -3- I 7 4 AYES: 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad on the 7th day of April 1999, by the following vote, to wit: Chairperson Heineman, Commissioners Compaq L’Heureux, Savary, and Segall NOES: ABSENT: Commissioners Nielsen and Welshons ATTEST: hmHmL J. Planning Director PC RESO NO. 4496 -4- 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. 4497 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF CARLSBAD TRACT NUMBER CT 97-16 TO SUBDIVIDE 174 ACRES INTO 181 LOTS ON PROPERTY GENERALLY LOCATED SOUTH OF AGUA HEDIONDA LAGOON NORTH OF VETERANS’ MEMORIAL PARR, WEST OF EL CAMINO REAL IN LOCAL FACILITIES MANAGEMENT ZONE 8. CASE NAME: KELLY RANCH CASE NO.: CT 97-16 WHEREAS, Kelly Land Company, “Developer”, has filed a verified application with the City of Carlsbad regarding property owned by Kelly Land Company, “Owner”, described as A portion of Lot “I” of Ranch0 Agua Hedionda and a portion of Lot “F” of Ranch0 Agua Hedionda, all in the City of Carlsbad, County of San Diego, State of California according to map thereof No. 823, filed in the office of the County Recorder of San Diego on November 16,1896, (“the Property”); and WHEREAS, said verified application constitutes a request for a Tentative Tract Map as shown on Exhibit(s) “A” - ‘%I” dated April 7, 1999, on file in the Planning Department KELLY RANCH, CT 97-16, as provided by Chapter 20.12 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 7th day of April 1999, 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 persons desiring to be heard, said Commission considered all factors relating to the Tentative Tract Map. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: 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 - 4 W That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of KELLY RANCH, CT 97-16, based on the following findings and subject to the following conditions: Findinps: 1. 2. 3. 4. 5. 6. 7. That the proposed map and the proposed design and improvement of the subdivision as conditioned, is consistent with and satisfies all requirements of the General Plan, the Mello II segment of the Local Coastal Program, any applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act, and will not cause serious public health problems, in that the proposed grading includes remedial measures to stabilize slopes, the subdivision is not located within close proximity to land uses which are known to cause health problems, and the extent and quantities of grading are within prescribed limits. That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated for open space and residential development on the General Plan. That the site is adequate in size and shape to accommodate residential development at the density proposed and is therefore physically suitable for the type and density of the development, in that the subdivision proposes a number of dwelling units which is within the density range allowed by the General Plan and the Mello II segment of the Local Coastal Program. That the design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in that no structure is proposed within any restricted easement and access required by any easement for service purposes has been protected. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act) and is not subject to the agricultural preservation policies of the Mello II segment of the Local Coastal Program. That the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, in that there are no limits on structure design which would prohibit passive or natural heating or cooling opportunities and the site has coastal breezes and north, south, east, and west exposure which could be used to the advantage of designing such energy efficient structures. That the Planning Commission has considered, in connection with the housing proposed by this subdivision, the housing needs of the region, and balanced those housing needs against the public service needs of the City and available fiscal and environmental resources. 79 PC PESO NO. 4497 -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 8. 9. 10. 11. That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat, in that the project has been reviewed and analyzed in an Environmental Impact Report and all but cumulative impacts to air quality and traffic can be mitigated to levels of less than significant. That the discharge of waste from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that the project has been conditioned and designed to comply with all NPDES standards. The Planning Commission finds that the project, as conditioned herein for Kelly Ranch, is in conformance with the Elements of the City’s General Plan, based on the following: A. B. C. D. E. F. G. Land Use: The project as amended by mitigation measures is consistent with the City’s General Plan since the proposed density of single family lots of 3.12 du/acre is within the density range of (O-4) du/acre specified for the site as indicated on the Land Use Element of the General Plan, and is at or below the growth control point of 3.2 and the density of the multi-family lots will be determined through approval of a Site Development Plan and will be in conformance with the applicable growth control point. Circulation: The project will provide Cannon Road improvements which is a Circulation Element roadway. Noise: The project was analyzed for noise impacts related to Cannon Road and mitigation has been included as a condition of approval. Housing: That the project is consistent with the Housing Element of the General Plan and the Inclusionary Housing Ordinance as the Developer has entered into an Affordable Housing Agreement to provide and deed restrict 132 dwelling units as affordable to lower-income households. Open Space and Conservation: The project provides significant areas of General Plan Open Space which supports open space conservation and natural habitats preservation. Public Safety: The project will be adequately served by public safety facilities and personnel. Parks and Recreation: The project has been conditioned to pay park-in-lieu fees. The project is consistent with the City-Wide Facilities and Improvements Plan, the applicable local facilities management plan as amended concurrently herewith, and all City public facility policies and ordinances since: A. The project has been conditioned to ensure that building permits will not be issued for the project unless the applicable agency determines that sewer and water services are available, and building cannot occur within the project unless they PC RESO NO. 4497 -3- 80 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 12. 13. 14. B. C. D. E. - remain available, and the applicable agency is satisfied that the requirements of the General Plan have been met insofar as they apply to sewer and water service for this project. The project has been conditioned to provide proof from the Carlsbad School District that the project has satisfied its obligation for school facilities. Park-in-lieu fees are required as a condition of approval. All necessary public improvements have been provided or are required as conditions of approval. The developer has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. Payment of the fee will enable this body to find that public facilities will be available concurrent with need as required by the General Plan. The project has been conditioned to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 2 1.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. That all necessary public facilities required by the Growth Management Ordinance will be constructed or are guaranteed to be constructed concurrently with the need for them created by this project and in compliance with adopted City standards, in that this project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 8. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: 1. Staff is authorized and directed to make, or require Developer to make, all corrections and modifications to the Tentative Tract Map document(s) 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. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. 3. The Developer shall provide the City with a reproducible 24” x 36”, mylar copy of the Tentative Map as approved by the final decision making body. The Tentative Map shall reflect the conditions of approval by the City. The Map copy shall be submitted to PC PESO NO. 4497 -4- 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 4. 5. 6. 7. 8. 9. the City Engineer and approved prior to building, grading, final map, or improvement plan submittal, whichever occurs first. The Developer shall include, as part of the plans submitted for any permit plan check, a reduced legible version of the approving resolution(s) on a 24” x 36” blueline drawing. Building permits will not be issued for development of the subject property unless the applicable agency determines that sewer and water facilities are available at the time of application for such permits and will continue to be available until time of occupancy. A note to this effect shall be placed on the final map. The Developer shall pay the public facilities fee adopted by the City Council on July 28, 1987, (amended July 2, 1991) and as amended from time to time, and any development fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other ordinance adopted to implement a growth management system or Facilities and Improvement Plan and to fulfil1 the developer’s/subdivider’s agreement to pay the public facilities fee dated August 29, 1997, a copy of which is on file with the City Clerk and is incorporated by this reference. If the fees are not paid, this application will not be consistent with the General Plan and approval for this project will be void. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 8 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits, including, but not limited to the following: A. Full width improvements to Cannon Road along the project frontage. B. Reduced width Park Drive improvements. C. Half street improvements to El Camino Real. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this residential housing project are challenged this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. The Developer shall establish a homeowner’s association and corresponding covenants, conditions and restrictions. Said CC&Rs shall be submitted to and approved by the Planning Director prior to final map approval. Prior to issuance of a building permit the Developer shall provide the Planning Department with a recorded copy of the official CC&Rs that have been approved by the Department of Real Estate and the Planning Director. At a minimum, the CC&Rs shall contain the following provisions: PC RESO NO. 4497 -5- 83 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 A. General Enforcement bv the Citv. The City shall have the right, but not the obligation, to enforce those Protective Covenants set forth in this Declaration in favor of, or in which the City has an interest. B. Failure of Association to Maintain Common Area Lots and Easements. In the event that the Association fails to maintain the “Common Area Lots and/or the Association’s Easements” as provided in Article , Section the City shall have the right, but not the duty, to perform the necessary maintenance. If the City elects to perform such maintenance, the City shall give written notice to the Association, with a copy thereof to the Owners in the Project, setting forth with particularity the maintenance which the City finds to be required and requesting the same be carried out by the Association within a period of thirty (30) days from the giving of such notice. In the event that the Association fails to carry out such maintenance of the Common Area Lots and/or Association’s Easements within the period specified by the City’s notice, the City shall be entitled to cause such work to be completed and shall be entitled to reimbursement with respect thereto from the Owners as provided herein. C. Snecial Assessments Levied bv the Citv. In the event the City has performed the necessary maintenance to either Common Area Lots and/or Association’s Easements, the City shall submit a written invoice to the Association for all costs incurred by the City to perform such maintenance of the Common Area Lots and or Association’s Easements. The City shall provide a copy of such invoice to each Owner in the Project, together with a statement that if the Association fails to pay such invoice in full within the time specified, the City will pursue collection against the Owners in the Project pursuant to the provisions of this Section. Said invoice shall be due and payable by the Association within twenty (20) days of receipt by the Association. If the Association shall fail to pay such invoice in full within the period specified, payment shall be deemed delinquent and shall be subject to a late charge in an amount equal to six percent (6%) of the amount of the invoice. Thereafter the City may pursue collection from the Association by means of any remedies available at law or in equity. Without limiting the generality of the foregoing, in addition to all other rights and remedies available to the City, the City may levy a special assessment against the Owners of each Lot in the Project for an equal prorata share of the invoice, plus the late charge. Such special assessment shall constitute a charge on the land and shall be a continuing lien upon each Lot against which the special assessment is levied. Each Owner in the Project hereby vests the City with the right and power to levy such special assessment, to impose a lien upon their respective Lot and to bring all legal actions and/or to pursue lien foreclosure procedures against any Owner and his/her respective Lot for purposes of collecting such special assessment in accordance with the procedures set forth in Article of this Declaration. 10. This approval shall be null and void if the project site subject to this approval is not annexed to City of Carlsbad CFD No. 1 within 60 days of the approval. The City shall not issue any grading, building, or other permit, until the annexation is completed. The PC RESO NO. 4497 -6- 83 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 11. The Developer shall prepare a detailed landscape and irrigation plan in conformance with the approved Preliminary Landscape Plan and the City’s Landscape Manual. The plans shall be submitted to and approval obtained from the Planning Director prior to the approval of the final map, grading permit, or building permit, whichever occurs first. The Developer shall construct and install all landscaping as shown on the approved plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 12. The Developer shall provide bus stops to service this development at locations and with reasonable facilities to the satisfaction of the North County Transit District and the Planning Director. Said facilities, if required, shall at a minimum include a bench, free from advertising, and a pole for the bus stop sign. The bench and pole shall be designed to enhance or consistent with basic architectural theme of the project. 13. The Developer shall display a current Zoning and Land Use Map in the sales office at all times, or suitable alternative to the satisfaction of the Planning Director. 14. All sales maps that are distributed or made available to the public shall include but not be limited to trails, future and existing schools, parks and streets. 15. Prior to approval of the final map, the Developer shall be required: 1) to consult with the United States Fish and Wildlife Service (USFWS) regarding the impact of the project on the Coastal California Gnatcatcher; and, 2) obtain any permits required by the USWFS. 16. The Developer shall implement, or cause the implementation of, the Kelly Ranch Project Mitigation Monitoring and Reporting Program. 17. The Developer, or their successors in interest, shall improve the project site with the project as described in the Final EIR 98-05, except as modified by this resolution. 18. Paleontology: City Manager is authorized to extend the 60 days, for a period not to exceed 60 days, upon a showing of good cause. A. Prior to any grading of the project site, a paleontologist shall be retained to perform a walkover survey of the site and to review the grading plans to determine if the proposed grading will impact fossil resources. A copy of the paleontologist’s report shall be provided to the Planning Director prior to issuance of a grading permit; B. A qualified paleontologist shall be retained to perform periodic inspections of the site and to salvage exposed fossils. Due to the small nature of some of the fossils present in the geologic strata, it may be necessary to collect matrix samples for laboratory processing through fine screens. The paleontologist shall make periodic reports to the Planning Director during the grading process; PC RESO NO. 4497 -7- ” - 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 19. 20. 21. 22. 23. - - C. The paleontologist shall be allowed to divert or direct grading in the area of an exposed fossil in order to facilitate evaluation and, if necessary, salvage artifacts; D. All fossils collected shall be donated to a public, non-profit institution with a research interest in the materials, such as the San Diego Natural History Museum; E. Any conflicts regarding the role of the paleontologist and the grading activities of the project shall be resolved by the Planning Director and City Engineer. Prior to the recordation of the final map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property will be subject to noise impacts from the Cannon Road Transportation Corridor, in a form meeting the approval of the Planning Director and City Attorney (see Noise Form #l on file in the Planning Department). The Developer shall construct 132 inclusionary units concurrent with the development of market rate units, pursuant to the City approved Kelly Ranch Affordable Housing Agreement adopted by City Council on July 28, 1998 by Resolution No. 98-257. The Developer shall dedicate on the final map, an open space easement to the City for those portions of lots 156 through 178 which are in 40% or greater slopes, wetlands, coastal sage scrub or other constrained land plus all other lands set aside as part of the Citywide Open Space System in their entirety to prohibit any private encroachment or development, including but not limited to fences, walls, decks, storage buildings, pools, spas, stairways and landscaping other than that allowed as part of a City approved grading plan, improvement plan, biological revegetation program, trail plan, landscape plan, etc. Removal of native vegetation in Lot(s) 158-160,163,164, 166, 171, 172, and 174-178, is specifically prohibited, except upon written order of the Carlsbad Fire Department for fire prevention purposes, or upon written approval of the Planning Director, 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. Prior to approval of the final map, the Developer shall provide an irrevocable offer of dedication to the City of Carlsbad for trail easements for portions of trail segments 23. and 24 consistent with the Open Space Conservation and Resource Management Plan located within Lot(s) 161, 163, 164, 165, 168, 175, 177, and 178 and shall construct same trail segments according to the standards described in the Open Space Conservation and Resource Management Plan or as modified to reduce impacts to slopes and biological habitat to the satisfaction of the Planning Director. If the City of Carlsbad accepts dedication of the trail easement, the trail shall be constructed as a public trail and will be the maintenance and liability responsibility of PC RESO NO. 4497 -8- o- 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 24. 25. 26. 27. 28. 29. 30. 31. . . . - the City of Carlsbad. If the City of Carlsbad does not accept dedication of the trail easement, the trail shall still be constructed but it shall be constructed as a private trail and shall be the maintenance and liability responsibility of the Homeowners Association. This approval is for subdivision of the property into 179 lots. Subsequent development of lots 1-157, 161, 162, 165, 167, 168, 169, 176 and 179 requires approval of individual or common Site Development Plan(s) by the Planning Commission. Prior to the issuance of building permits, the design of the recreational vehicle storage facility on Lot 161 shall have been reviewed and approved as an offsite storage facility for Planning Areas A, D, G, H, E, I and J by the Planning Commission. Review and approval shall be completed as part of any subsequent PUD or SDP request for Planning Areas I or J. The recreational vehicle storage facility on Lot 161 shall be completed and available prior to occupancy of any unit within Planning Areas I or J. No grading permit shall be issued for any portion of CT 97-16 other than within the Cannon Road and Faraday Avenue limits of work as shown on the respective City approved improvement plans until after final action by the Coastal Commission on LCPA 97-09, excepting therefrom any surcharge and borrow site work that must be done for the construction of Cannon Road, as approved by the Planning Director and City Engineer and as in substantial conformance with CDP 98-39A. A deed restriction shall be placed on lot 179 limiting its use to day care and on lot 167 for use by the Agua Hedionda Lagoon Foundation as a Nature/Visitor Center. CT 97-16 is subject to final approval of all other actions including but not limited to approval of LCPA 97-09 by the California Coastal Commission (CCC). Such LCPA approval shall occur prior to final map or issuance of a grading permit whichever occurs first, excepting therefrom any surcharge and borrow site work that must be done for the construction of Cannon Road, as approved by the Planning Director and City Engineer and as in substantial conformance with CDP 98-39A. The Developer shall pay his fair share for the “short-term improvements” to the El Camino Real/ Palomar Airport Road intersection prior to the issuance of a building permit. The amount shall be determined by the methodology ultimately selected by Council, including but not limited to, an increase in the city-wide traffic impact fee; an increased or new Zone 8 LFMP fee; the creation of a fee or assessment district; or incorporation into a Mello-Roos taxing district. The developer shall execute a covenant for reciprocal access easement and maintenance agreement for lots 167 and 179. PC RESO NO. 4497 -9- 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 Engineering: 32. The developer shall provide an acceptable means for maintaining the private easements within the subdivision such as private: streets, sidewalks, street lights, storm drain facilities and sewer facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within the subdivision. Adequate provision for such maintenance shall be included in a recorded document subject to the approval of the City Engineer. 33. Prior to issuance of any building permit, the developer shall comply with the requirements of the City’s anti-graffiti program for wall treatments if and when such a program is formerly established by the City. 34. 35. There shall be one final subdivision map recorded for this project. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, the developer shall submit to and receive approval from the City Engineer for the proposed haul route. The developer shall comply with all conditions and requirements the City Engineer may impose with regards to the hauling operation. Note Unless specifically stated in the condition, all of the following engineering conditions, upon the approval of this proposed major subdivision, must be met prior to approval of a final map. 36. All concrete terrace drains shall be maintained by the homeowner’s association (if on commonly owned property) or the individual property owner (if on an individually owned lot). An appropriately worded statement clearly identifying the responsibility shall be placed in the CC&Rs (if maintained by the Association) and on the Final Map. 37. The developer shall defend, indemnify and hold harmless the City and its agents, officers, and employees from any claim, action or proceeding against the City or its agents, officers, or employees to attack, set aside, void or null an approval of the City, the Planning Commission or City Engineer which has been brought against the City within the time period provided for by Section 66499.37 of the Subdivision Map Act. 38. The developer shall provide for sight distance corridors in accordance with Engineering Standards, the tentative map, and as indicated in the “Special Conditions”; and, shall record the following statements on the conforming mylar tentative map and landscape concept plan: A. Mature vegetation within the site line area of all intersections shall be no greater than 30” in height or have a canopy no less than 8’ in height. B. No structure, fence, wall, sign, or other object over 30 inches above the street level shall be placed or permitted to encroach within the area identified as a sight distance corridor in accordance with City Standards and the tentative map. The underlying property owner, or homeowner’s association shall maintain this condition, PC RESO NO. 4497 -lO- 87 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 A Fees/Agreements 39. This project is within the proposed boundary of the Cannon Road West Bridge and Thoroughfare Fee District. This project is required to pay a fair share contribution towards the construction of Cannon Road in accordance with the proposed fee program. 40. 41. The developer shall pay all current fees and deposits required. The owner of the subject property shall execute an agreement holding the City harmless regarding drainage across the adjacent property. 42. 43. The owner shall execute a hold harmless agreement for geologic failure. Prior to approval of any grading or building permits for this project, the owner shall give written consent to the annexation of the area shown within the boundaries of the subdivision plan into the existing City of Carlsbad Street Lighting and Landscaping District No. 1 on a form provided by the City. Grading 44. 45. 46. 47. 48. Prior to the issuance of a grading permit, the developer shall submit proof that a Notice of Intention has been submitted to the State Water Resources Control Board. Based upon a review of the proposed grading and the grading quantities shown on the tentative map, a grading permit for this project is required. The developer must submit and receive approval for grading plans in accordance with City codes and standards. Upon completion of grading, the developer shall ensure that an “as-graded“ geologic plan is submitted to the City Engineer. The plan shall clearly show all the geology as exposed by the grading operation, all geologic corrective measures as actually constructed and must be based on a contour map which represents both the pre and post site grading. This plan shall be signed by both the soils engineer and the engineering geologist. The plan shall be prepared on a 24” x 36” mylar or similar drafting film and shall become a permanent record. No grading for private improvements shall occur outside the limits of the subdivision unless a grading or slope easement or agreement is obtained from the owners of the affected properties and recorded. If the developer is unable to obtain the grading or slope easement, or agreement, no grading permit will be issued. In that case the developer must either amend the tentative map or modify the plans so grading will not occur outside the project site in a manner which substantially conforms to the approved tentative map as determined by the City Engineer and Planning Director. Cannon Road has been designed as a balanced grading project. To facilitate the grading and development of the private portions of Kelly Ranch, Cannon Road has been used as a borrow site. In consideration for Cannon Road having been used as a borrow site, the developer shall grade the Kelly Ranch Core Area so that fill material is reciprocally available for the completion of Cannon Road and import material will not be required for Cannon Road. If import material is required, it PC RESO NO. 4497 -ll- 88 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 shall be imported at the sole expense of the Kelly Ranch Core Area developer. Dedications/Improvements 1 49. Direct access rights for all lots abutting Cannon Road shall be waived on the final map, including Planning Area ‘F’ (except for the driveway location that was previously approved in conjunction with the Agua Hedionda Nature Center Site Development Plan (SDP 98-15) at Planning Area ‘F’). 50. The owner shall make an offer of dedication to the City for all public streets and easements required by these conditions or shown on the tentative map, including a standard knuckle and curb returns at the “AA” StreeVBB” Street intersection at proposed Lot 163 (Area ‘D’). The offer shall be made by a certificate on the final map for this project. All land so offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated. 51. Prior to issuance of building permits, or as approved by the City Engineer, the developer shall underground all existing overhead utilities along and within the subdivision. 52. The developer shall comply with the City’s requirements of the National Pollutant Discharge Elimination System (NPDES) permit. The developer shall provide best management practices as referenced in the “California Storm Water Best Management Practices Handbook” to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be prepared by the developer and approved by the City Engineer. Said plans shall include but not be limited to notifying prospective owners and tenants of the following: A. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and hazardous waste products. B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State, County and City requirements as prescribed in their respective containers. C. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. 53. Plans, specifications, and supporting documents for all public improvements shall be prepared to the satisfaction of the City Engineer. In accordance with City Standards, the developer shall install, or agree to install and secure with appropriate security as provided by law, improvements shown on the tentative map, and in accordance with the following: PC RESO NO. 4497 -12- 89 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 A. B. C. D. E. F. G. H. I. J. K. L. M. Install a fully actuated traffic signal at the intersection of Cannon Road and Faraday Avenue. The developer shall be eligible for a proportionate share reimbursement for their design and construction costs of this traffic signal. The developer shall calculate reimbursement costs and prepare the reimbursement request. The reimbursement request shall include cost documentation, which shall be reviewed to the satisfaction of, and approved by, the City Engineer. Install a fully actuated traffic signal at the intersection of Faraday Avenue and “BB” street, including a traffic signal interconnect with the Faraday Avenue/Cannon Road traffic signal. Full Major Arterial improvements to Cannon Road, including the landscaped raised median, from the southerly boundary of Kelly Ranch Village “E” (CT 96-07) to the southerly boundary of CT 97-16. The developer shall enter into a reimbursement agreement 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. Full on-site public street improvements to “AA, BB, CC, DD, EE, FF, GG, HH, C, E and F Streets.” Full off-site public street improvements for “BB” Street to Faraday Avenue. Full Faraday Avenue public street improvements, from “BB” Street to Cannon Road. The developer shall be eligible for a proportionate share reimbursement for their design and construction costs of this roadway. The developer shall calculate reimbursement costs and prepare the reimbursement request. The reimbursement request shall include cost documentation, which shall be reviewed to the satisfaction of, and approved by, the City Engineer. South Agua Hedionda Interceptor permanent sewer (dry line) (SDP 98-04, Sewer Line ‘B’) along the project frontage within Cannon Road, connecting to the “dry line” in Cannon Road, at the southerly boundary of Kelly Ranch Village “E” (CT 96-07). . The developer shall be eligible for a proportionate share reimbursement for their design and construction costs of this sewer line. The developer shall calculate reimbursement costs and prepare the reimbursement request. The reimbursement request shall include cost documentation, which shall be reviewed to the satisfaction of, and approved by, the City Engineer. Temporary Sewer Line ‘A & D’. Permanent on-site sewer lines. Permanent on-site water lines. Permanent off-site water lines. Temporary lift station. Emergency overflow pipeline from the wet well of the temporary lift station to the south Agua Hedionda Interceptor Sewer. (In accordance with CMWD District Engineer correspondence, dated 1 l/6/97.) A PC RESO NO. 4497 -13- YO 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 N. Manhole covers at all locations on the collector sewer system shall be above the 24’ elevation. (In accordance with CMWD District Engineer correspondence, dated 1 l/6/97.) 0. Widen and fully improve one half of El Camino Real from Cannon Road to the improvements being installed for the Ranch0 Real (CT 90-13) project. This shall include the construction of an 18’ wide raised median with full landscape and hardscape improvements. Minor modifications to reduce impacts to the adjoining wetlands may be allowed. Those modifications may be to the right-of-way and/or improvement widths if required by responsible resource agencies. Those modifications must be to the satisfaction of the City Engineer. A reimbursement agreement may be entered into between the City and Developer for one half cost of the median improvements. The reimbursement may require the owner of the frontage on the northeasterly side of El Camino Real (Robertson property) to refund the cost of half improvements to the developer of the Kelly Ranch development that paid for the raised median improvements. A reimbursement agreement may also be entered into between the City and Developer for full cost of the improvements to the southwesterly side of El Camino Real. The reimbursement may require the owner of the frontage on the northeasterly side of El Camino Real (Robertson property) to refund the cost of full improvements to the developer of the Kelly Ranch development that paid for the southwesterly El Camino Real improvements, that are considered off-site for Kelly Ranch and on-site for the Robertson property. If there is a delay caused by the resource agencies, for the frontage improvements to El Camino Real, the Final Map may be approved with the bonding for design, construction and any necessary easements for those required improvements. P. Widen and improve Park Drive to a reduced section, as determined and approved by the City Engineer (in accordance with rescinded Master Plan 174, Page’s 46 & 56). This condition may be satisfied by Developer entering into an agreement with the City which obligates Developer to construct the required Park Drive improvements when and as Kelly Ranch Planning Area (Village) ‘A’ is developed. The Developer shall also create and record a Declaration of Restrictions which shall include the acknowledgment of such condition, acknowledging that the obligation shall run with the land, and specifically allocate the fulfillment of the condition to the Developer or its successor in interest to Planning Area (Village) ‘A.’ A list of the above improvements shall be placed on an additional map sheet on the final map per the provisions of Sections 66434.2 of the Subdivision Map Act. Improvements shall be constructed within 18 months of approval of the secured improvement agreement or such other time as provided in said agreement. 54. Drainage out-fall end treatments for any drainage outlets where a direct access road for maintenance purposes is not provided, shall be designed and incorporated into the grading/improvement plans for the project. These end treatments shall be designed so as PC RESO NO. 4497 -14- 9/ 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 to prevent vegetation growth from obstructing the pipe out-fall. Designs could consist of a modified outlet headwall consisting of an extended concrete spillway section with longitudinal curbing and/or radially designed rip-rap, or other means deemed appropriate, as a method of preventing vegetation growth directly in front of the pipe outlet, to the satisfaction of the Community Services Director and the City Engineer. Final Map Notes 55. Notes to the following effect shall be placed on the final map as non-mapping data: A. This subdivision contains a remainder parcel. No building permit shall be issued for the remainder parcel until it is further subdivided pursuant to the provisions of Title 20 of the Carlsbad Municipal Code. B. The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any geological failure, ground water seepage or land subsidence and subsequent damage that may occur on, or adjacent to, this subdivision due to its construction, operation or maintenance. C. No structure, fence, wall, sign, or other object over 30 inches above the street level shall be placed or permitted to encroach within the area identified as a sight distance corridor in accordance with City Standards and the tentative map. The underlying property owner, or homeowner’s association shall maintain this condition. D. Mature vegetation within the site line area of all intersections shall be no greater than 30” in height or have a canopy no less than 8’ in height. E. All improvements included in the site development plan (SDP 98-04) are private and are to be privately maintained with the exception of the following: i) Sewer lines within publicly dedicated easements. ii) Water lines within publicly dedicated easements. Special Conditions The intersections of Private Driveway ccT”/“AAn Street (proposed Lot 162, Area ‘D’), Private Driveway “CC”/“AA” Street (proposed Lot 165, Area ‘D’) and Private Driveway “CC’/“BB” Street (proposed Lot 168, Area ‘G’) shall have clear 330’ minimum corner sight distance sight lines. Only minimal ground cover shall be permitted within these sight line areas. These clear sight lines shall be shown on the Landscape Concept plan conforming mylar 56. The Zone 8 Local Facilities Management Plan full amendment shall be approved by City Council prior to Final Map. PC RESO NO. 4497 -15- %? 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 Water: 57. The Developer shall be responsible for all fees, deposits and charges which will be collected before and/or at the time of issuance of the building permit. The San Diego County Water Authority capacity charge will be collected at the issuance of application for any meter installation. 58. The Developer shall provide detailed information to the District Engineer regarding water demand, irrigation demand, fire flow demand in gallons per minute, and projected sewer flow in million gallons per day. 59. The entire potable water system, reclaimed water system and sewer system shall be evaluated in detail by Developer and District Engineer to insure that adequate capacity, pressure and flow demands can be met. 60. All District pipelines, pump stations, pressure reducing stations arid appurtenances for this project by the District shall be within public right-of-way or within easements granted to the District or the City of Carlsbad. 61. Prior to subsequent discretionary approvals, sequentially the developer’s engineer shall do the following: A. B. Meet with the City Fire Marshal and establish the fire protection requirements Prepare and submit a colored recycled water use area map and submit this map to the Planning Department for processing and approval by the District Engineer. C. Prior to the preparation of sewer, water and recycled water improvement plans, the Developer shall submit preliminary system layouts to the District Engineer for review, comment and approval. 62. The following note shall be placed on the final map: “This project is approved upon the expressed condition that building permits will not be issued for development of the subject property unless the agency serving the development has adequate water and sewer capacity available at the time development is to occur, and that such water and sewer capacity will continue to be available until time of occupancy.” 63. 64. All potable water and recycled water meters shall be placed within public right-of-way. No more than 19 homes shall be served on a single potable water distribution pipeline. For those locations with more than 19 homes, a looped potable water pipeline system shall be designed and shown on exhibits submitted for subsequent discretionary approvals. . . . PC RESO NO. 4497 -16- 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 Fire: 65. Prior to the issuance of a building permit, the applicant shall obtain fire department approval of a wildland fuel management plan. The plan shall clearly indicate the methods proposed to mitigate and manage fire risk associated with native vegetation grotiing within 60 feet of structures. The plan shall reflect the standards presented in the fire suppression element of the City of Carlsbad Landscape Guidelines Manual. 66. Prior to occupancy of buildings, all wildland fuel mitigation activities must be complete, and the condition of all vegetation within 60 feet of structures found to be in conformance with an approved wildland fuel management plan. ~ 67. The applicant shall provide a street map which conforms with the following requirements: A 400 scale photo-reduction mylar, depicting proposed improvements and at least two existing intersections or streets. The map shall also clearly depict street I centerlines, hydrant locations and street names. 68. Approval of CT 97-16 is granted subject to the approval of CDP 97-43, PUD 99-02, and HDP 97-17. General: 69. If any of the foregoing conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City’s approval of this Tentative Tract Map. Code Reminders: 71. An all weather, unobstructed access road suitable for emergency service vehicles shall be provided and maintained during construction. When in the opinion of the Fire Chief, the access road has become unserviceable due to inclement weather or other reasons, he may, in the interest of public safety, require that construction operations cease until the condition is corrected. 72. All required water mains, fire hydrants and appurtenances shall be operational before combustible building materials are located on the construction site. 73. The developer shall exercise special care during the construction phase of this project to prevent off-site siltation. Planting and erosion control shall be provided in accordance with the Carlsbad Municipal Code and the City Engineer. 74. Some improvements shown on the tentative map and/or required by these conditions are located off-site of the property which the owner has insufficient title or interest to permit PC RESO NO. 4497 -17- 94 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 improvements to be made without acquisition of title or interest. The developer shall conform to Section 20.16.095 of the Carlsbad Municipal code. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from the date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 7th day of April 1999, by the following vote, to wit: AYES: Chairperson Heineman, Commissioners Compas, L’Heureux, Savary, and Segall NOES: ABSENT: Commissioners Nielsen and Welshons COURNTEY E. HEINEMAN, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RESO NO. 4497 -18- 95 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 C PLANNING COMMISSION RESOLUTION NO. 4498 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A HILLSIDE DEVELOPMENT PERMIT ON PROPERTY GENERALLY LOCATED SOUTH OF PARR DRIVE, NORTH OF VETERANS’ MEMORIAL PARK, WEST OF EL CAMINO REAL IN LOCAL FACILITIES MANAGEMENT ZONE 8. CASE NAME: KELLY RANCH CASE NO: P 97-17 WHEREAS, Kelly Land Company, “Developer”, has filed a verified application with the City of Carlsbad regarding property owned by Kelly Land Company, “Owner”, described as A portion of Lot “I” of Ranch0 Agua Hedionda and a portion of Lot “F” of Ranch0 Agua Hedionda all in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 823, filed in the offke of the County Recorder of San Diego County, November 16,1896 (“the Property”); and WHEREAS, said verified application constitutes a request for a Hillside Development Permit as shown on Exhibit(s) “N” - “U” dated April 7, 1999, on file in the Carlsbad Planning Department, KELLY RANCH, HDP 97-17, as provided by Chapter 21.95 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 7th day of April, 1999, consider said request; and WHEREAS, at said 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 the Hillside Development Permit; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: 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 A) That the foregoing recitations are true and correct. W That based on the evidence presented at the public hearing, the Commission ENDS APPROVU, of KELLY RANCH, HDP 97-17, based on the following findings and subject to the following conditions: Findings: 1. That.hillside conditions have been properly identified on the constraints map which show existing and proposed conditions and slope percentages; 2. That undevelopable areas of the project, i.e. slopes over 40%, have been properly identified on the constraints map; 3. That as conditioned the development proposal is consistent with the intent, purpose, and requirements of the Hillside Ordinance, Chapter 21.95, in that hillside alteration will not result in substantial damage or alteration of significant natural resource areas, wildlife habitats or native vegetation areas; the natural appearance of hillsides is preserved by assuring that development density and intensity relates to the slope of the land, and is compatible with hillside preservation; proper design is utilized in grading, landscaping and in the development of structures and roadways to preserve the natural appearance of hillsides to the greatest extent feasible; a healthful and aesthetically pleasing environment is preserved and enhanced by assuring that hillside development is pleasing to the eye, rich in variety, highly identifiable, and reflects the City’s cultural and environmental values; hillside conditions are properly identified ana incorporated into the planning process; the intent of the land use and open space/conservation elements of the Carlsbad General Plan are implemented; erosion is prevented and the lagoons protected from excessive siltation; 4. That the development of structures will not occur in the undevelopable portions of the site pursuant to provisions of Section 21.53.230 of the Carlsbad Municipal Code, in that all structures are located within areas that have been identified as developable. 5. That as conditioned the project design substantially conforms to the intent of the concepts illustrated in the Hillside Development Guidelines Manual, in that the development was designed to take greatest advantage of the flatter areas of the site and manufactured slopes will be stepped in a best effort to reflect natural hillside progression. 6. That the project design and lot configuration minimizes disturbance of hillside lands to the greatest extent possible, in that the project has been designed to take advantage of existing areas of less slope gradient and to step development pads. 7. That the project is proposed with a modification to the Hillside Development Regulations as permitted by Section 21.95.070 with slopes that are greater than 30 feet in height which will result in more open space or undisturbed area than would a strict adherence to PC RESO NO. 4498 -2- 97 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 requirements of the ordinance, in that the greater than 30 foot slopes allow steeper road grades which reduce the gross area of disturbance required to provide access to the different elevations of the site. 8. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. 1. 2. 3. 4. 5. 6. Staff is authorized and directed to make, or require Developer to make, all corrections and modifications to the Hillside Development Permit document(s) 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. Developer shall apply for and obtain a grading permit issued by the City Engineer consistent with all City grading policies and ordinances. Grading is prohibited from October 1 to April 1. The City Engineer may permit an extension of the grading season until November 15, 1999 if all precautionary measures regarding erosion, consistent with the City’s grading ordinance, have been put in place. Developer shall construct/install storm drain facilities consistent with the Master Drainage Plan to the satisfaction of the City Engineer. Approval of HDP 97-17 is granted subject to the approval of CT 97-16, CDP 97-43, PUD 99-02. HDP 97-17 shall expire two years from final action unless a grading permit has been issued by the City Engineer. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from the date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely PC RESO NO. 4498 -3- Qg 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 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 7th day of April 1999, by the following vote, to wit: AYES: Chairperson Heineman, Commissioners Compas, L’Heureux, Savary, and Segall NOES: ABSENT: Commissioners Nielsen and Welshons ABSTAIN: COURTNEY E. HEINEMAN, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HOfiMIL&R Planning Director PC RESO NO. 4498 -4- 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. 4499 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF COASTAL DEVELOPMENT PERMIT NUMBER CDP 97-43 ON PROPERTY GENERALLY LOCATED SOUTH OF AGUA HED LAGOON, NORTH OF VETERANS’ MEMORIAL PARR, WEST OF EL CAMINO REAL IN LOCAL FACILITIES MANAGEMENT ZONE 8. CASE NAME: KELLY RANCH CASE NO.: CDP 97-43 WHEREAS, Kelly Land Company, “Developer”, has filed a verified application with the City of Carlsbad regarding property owned by Kelly Land Company, “Owner”, described as A portion of Lot “I” of Ranch0 Agua Hedionda and a portion of Lot “F” of Ranch0 Agua Hedionda, all in the City of Carlsbad, County of San Diego, State of California, according to the map thereof No. 823, filed in the offke of the County Recorder of San Diego County, November 16,1896 (“the Property”); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit as shown on Exhibits “A” - “M” dated April 7, 1999 on tile in the Planning Department, KELLY RANCH, CDP 97-43, as provided by Chapter 21.201.040 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 7th day of April, 1999, 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 the CDP. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: 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 4 That the foregoing recitations are true and correct. W That based on the evidence presented at the public hearing, the Commission Recommends Approval of KELLY RANCH, CDP 97-43, based on the following findings and subject to the following conditions: Find-: 1. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that the proposed project is in compliance with all of the development standards of the underlying zone, the proposed residential density is within the density range established by the Mello II segment, and is consistent with the intent of the individual policies of the applicable Local Coastal ’ Program overlay zones. 2. That the project is conditioned to include erosion control (Chapter 21.203.040(B)(4) consistent with the intent of the Coastal Resource Protection overlay zone policy. 3. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. . . Condlt Ions: 1. 2. 3. 4. 5. 6. Staff is authorized and directed to make, or require Developer to make, all corrections and modifications to the document(s) 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. The applicant shall apply for and be issued grading permits for this subdivision within two (2) years of final action or this coastal development permit will expire unless extended per Section 21.201.210 of the Zoning Ordinance. A grading permit shall not be issued for any portion of CDP 97-43 other than within the limits of work as shown on City approved improvement plans for Cannon Road and Faraday Avenue until after final action by the Coastal Commission on LCPA 97-09. Prior to the issuance of building permits, the applicant shall apply for and obtain a grading permit issued by the City Engineer. A grading permit issued by the City Engineer consistent with all City grading policies and ordinances is required. Grading is restricted to be conducted within the summer period, which is April 1 to October 1. The City Engineer may permit an extension of the grading season until PC RESO NO. 4499 -2- /O/ 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 7. 8. 9. 10. November 15 if all precautionary measures regarding erosion, consistent with the City’s grading ordinance, have been put in place. Storm drain facilities consistent with the Master Drainage Plan shall be installed as required by the City Engineer. Soil erosion control practices shall be used against “onsite” soil erosion to the satisfaction of the City Engineer. Offsite drainage shall be prevented through sediment control. Control methods shall be shown on the grading plans to the satisfaction of the City Engineer. Approval of CDP 97-43 is granted subject to the approval of CT 97-16, HDP 97-17, and PUD 99-02. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from the date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. . . . . . . . . . . . . . . . . . . PC RESO NO. 4499 -3- /Qd PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 7th day of April 1999, by the following vote, to wit: AYES: Chairperson Heineman, Commissioners Compaq L’Heureux, Savary, and Segall NOES: ABSENT: Commissioners Nielsen and Welshons CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HaZMIEER Planning Director PC RESO NO. 4499 -4- 103 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. 4500 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF PLANNED UNIT DEVELOPMENT PUD 99-02 ON PROPERTY GENERALLY LOCATED SOUTH OF AGUA HEDIONDA LAGOON NORTH OF VETERANS’ MEMORIAL PARR, WEST OF EL CAMINO REAL IN LOCAL FACILITIES MANAGEMENT ZONE 8. CASE NAME: KELLY RANCH CASE NO * . . PUT) 99-02 WHEREAS, Kelly Land Company, “Developer”, has filed a verified application with the City of Carlsbad regarding property owned by Kelly Land Company, “Owner”, described as That portion of Lot “1” of Ranch0 Agua Hedionda, according to map there of No. 823, filed in the office of the County Recorder of San Diego on November 16,1896, in the City of Carlsbad, County of San Diego, State of California (“the Property”); and WHEREAS, said verified application constitutes a request for a Planned Unit Development Permit as shown on Exhibit(s) “A” - “M” dated April 7, 1999 ,on tile in the Planning Department, KELLY RANCH, PUD 99-02, as provided by Chapter 21.45121.47 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 7th day of April, 1999, 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 persons desiring to be heard, said Commission considered all factors relating to the Planned Unit Development Permit NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: 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 A) W That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission V of KELLY RANCH, PUD 99-02, based on the following findings and subject to the following conditions: Findings: 1. 2. 3. 4. 5. 6. 7. That the granting of this permit will not adversely affect and will be consistent with Chapter 21.45 of Title 21, the General Plan, applicable specific plans, master plans, and all adopted plans of the City and other governmental agencies, in that the applicable requirements of the Planned Development Ordinance have been met since the residential lots exceed the 3,500 square foot minimum, resident and guest parking can be provided, recreational open space has been provided and common recreational vehicle storage is being provided. That the proposed use at the particular location is necessary and desirable to provide a service or facility which will contribute to the long-term general well-being of the neighborhood and the community, in that the proposed residential development of the Kelly Ranch will provide a variety of housing types which will build a diverse community. That such use will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity, in that the site is currently vacant and the development of the site as a residential neighborhood will ultimately be a benefit to adjacent property owners. That the proposed Planned Development meets all of the minimum development standards set forth in Chapter 2 1.45.090, the design criteria set forth in Section 2 1.45.080, and has been designed in accordance with the concepts contained in the Design Guidelines Manual, in that the project has integrated open space, recreational facilities, and a comprehensive circulation system. That the proposed project is designed to be sensitive to and blend in with the natural topography of the site, and maintains and enhances significant natural resources on the site, in that areas of development have been designed to the greatest extent in coordination with the varying elevations of the existing topography to maintain views and preserve hillside open space. That the proposed project’s design and density of the developed portion of the site is compatible with surrounding development and does not create a disharmonious or disruptive element to the neighborhood, in that the site is isolated from existing development and has been designed consistent with the land use goals of the General Plan. That the project’s circulation system is designed to be effkient and well integrated with the project and does not dominate the project, in that the circulation system has been designed with some use of the hillside development standards which allow some PC RESO NO. 4500 -2- /05- 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 - reduction in width which in turn reduces the street systems dominance and impact I on the hillside environment. ~ 8. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. l * 1 ~:onMmns. . 1 1. Staff is authorized and directed to make, or require Developer to make, all corrections and modifications to the Planned Unit Development document(s), 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. Approval of PUD 99-02 is granted subject to the approval of CT 97-16, HDP 97-17, and CDP 97-43. 3. PUD 99-02 shall expire two years from the date of final action unless extended by the extension of CT 97-16 or “finaled” with the final map for CT 97-16. 4. All conditions of CT 97-16 Planning Commission Resolution No. 4497 are incorporated herein by reference. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from the date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PC RESO NO. 4500 -3- /a 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 PASSED, APPROVED AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on the 7th day of April 1999, by the following vote, to wit: AYES: Chairperson Heineman, Commissioners Compaq L’Heureux, Savary, and Segall I NOES: ABSENT: Commissioners Nielsen and Welshons ABSTAIN: CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HO%MIIkkR Planning Director PC RESO NO. 4500 -4- /o 7 The City of CABLSBAB Planning Department EXHIBIT 7 A REPORT TO THE PLANNING COMMISSION Item No. 9 0 Application complete date: February 24, 1998 P.C. AGENDA OF: April 7,1999 Project Planner: Christer Westman Project Engineer: Mike Shirey SUBJECT: EIR 98-05lGPA 97-07iZC 97-07iZCA 99 03/JCP - A 97-09/MP 174(B)/LFMP 87-OS(BjlCT 97-16/HDP 97-17lCDP 97-43/PUD 99-02 - KELLY RANCH - Request for certification of an Environmental Impact Report, Findings of Fact, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program and recommendation of approval of a General Plan Amendment, Zone Change, Zone Code Amendment, Local Coastal Program Amendment, Master Plan Amendment, Local Facilities Management Plan Amendment, Carlsbad Tract Map, Hillside Development Permit, Coastal Development Permit, and Planned Unit Development within the 433 acre Kelly Ranch generally located south of Park Drive, west of El Camino Real and north of Faraday Avenue in Local Facilities Management Zone 8. I. RECWATION That the Planning Commission ADOPT Planning Commission Resolution No. 4491 MMENDING CERTIFICATION of Supplemental Environmental Impact Report EIR 98-05, Findings of Fact, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program, and ADOPT Planning Commission Resolutions No. 4492, 4493, 4543, 4494,4495,4496,4497,4498,4499, and 4500, RECOMMENDING APPROVAL of General Plan Amendment GPA 97-07, Zone Change ZC 97-07, Zone Code Amendment ZCA 99-03, Local Coastal Program Amendment LCPA 97-09, Master Plan Amendment MP 174(B), Local Facilities Management Plan Amendment LFMP 87-08(B), Carlsbad Tract CT 97-16 as amended, Hillside Development Permit HDP 97-17, Coastal Development Permit CDP 97-43, and Planned Unit Development PUD 99-02 based on the findings and subject to the conditions found therein. II. INTRODUCTION The project constitutes the first of a two step development proposal for the 433 acre Kelly Ranch. The first step includes legislative actions (GPA, ZC, ZCA, LCPA) which will determine the range and placement of land uses over the entire property by rescinding the existing Master Plan and replacing it with standard zoning. It also includes adjudicatory actions which will subdivide a portion of the ranch southeast of the Agua Hedionda Lagoon (174 acres) into 178 lots. The lots are intended to accommodate 155 single family homes, four large multi-family pads, a recreational vehicle storage lot, a lot for day-care and/or the Agua Hedionda Lagoon Foundation, and the remainder as open space and recreation lots. Land uses proposed in the General Plan and Zoning actions include single family residential @1(-Q)), multi-family residential @D-M-Q, R- EIR 98-05/GPA 97-07/ZC 37-07/ZCA 99-03/LCPA 97-09MP 174@)/LFMP 87-08(B) CT 97-16HDP 97-17/GDP 97-43/PUD 99-O - KELLY RANCH April 7,1999 3-Q), open space (OS), and office (0). Lots within the subdivision vary in size from 5,000 square feet to 27 acres. Planning Areas A and C northwest of the Agua Hedionda Lagoon will be considered for development at a later date. The above combination of actions will set the stage for step two of the development proposal. Step two will follow these actions, if approved, by four to six weeks with the review of a Coastal Development Permit, Site Development Plan, and Planned Unit Development for the architecture and placement of the 155 single family lots and a Coastal Development Permit and Site Development Plan for the architecture and building placement of the 4 multi-family lots. The project has been analyzed for environmental impacts in a supplemental Environmental Impact Report and is consistent with the General Plan, Zoning Ordinance, Local Coastal Program, and Local Facilities Management Plan, as amended. III. PROJECT DESCRIPTXON The Kelly Ranch has been part of the Kelly Family land holdings in Carlsbad for decades. In partnership with Kaufman and Broad, a tract map and the Kelly Ranch Master Plan were approved in 1984. Attempts to develop the property were not fruitful and the partnership dissolved. Subsequently the Kelly Ranch tract map expired, yet the Kelly Ranch Master Plan remained valid. The Hillman Company acquired the property and established the Kelly Land Company which is listed as the current applicant. For planning purposes, the site was broken into Planning Areas A through J. There are two other areas which are K and L. Neither Planning Areas K nor L are associated with the Kelly Ranch development proposals other than their boundaries will be refined by the subdivision and their Zoning designations will be changed by ZC 97-07. Some of the requested actions affect the entire site and others are specific to only sections of the 433 acres. Those actions which cover the entire 433 acres and include Planning Areas A through L are the rescission of the 1984 Kelly Ranch Master Plan, establishment of new General Plan and Zoning designations, and amendments to the Local Coastal Program and Zone Code to reflect the proposed project. Those actions which affect only a portion of the site, Planning Areas D,F,G,H,I, J, K and L, are the subdivision of 174 acres into 4 large lots for multi-family residential development, 155 smaller single family residential lots, and 19 lots for uses such as open space, recreation, and day care. Associated with the subdivision is the review of a Hillside Development Permit, a Coastal Development Permit, and a Planned Unit Development. Following the land use decisions on the property, Archstone Conmmnities and Shea Homes will request that the Planning Commission review specific development designs for both the multi- family, Planning Areas D,G, and H, and single family residential lots in Planning Areas I and J. /o 9 EIR 98-05/GPA 97-07/ZC u7-07/ZCA 99-03/LCPA 97-09/MP 174(@/LFMP 87-08(B) CT 97- 16/HDP 97- 17ICDP 97-43/PUD 99-O - KELLY RANCH April 7,1999 IV. ANALYSIS A. - Existing General Plan Land Use designations for the Kelly Ranch include Travel/Recreation Commercial (T-R), Residential Medium (RM), Residential Medium-High (RMH), and Open Space (OS). The applicant submitted a list of proposed land uses to which staff recommended changes. The resulting revised list of uses is what is presented to the Commission as the recommended proposed General Plan amendment. The proposed General Plan amendment generally replaces the T-R designation in Planning Area F with Open Space and Office, adjusts the boundary between RMH and Open Space at Planning Area A, adjusts the boundary of Planning Area C and changes the designation from RMH to Residential Low-Medium (RLM), re-defines the boundaries of Planning Areas D, G, H, and changes their designation of RM to RMH, and re-defines the boundaries of I and J and changes their designation from RM to RLM. The proposed General Plan amendment results in an overall lower density than the existing General Plan and/or the applicant’s proposed General Plan amendment. In summary, the majority of the land use change is the reapportionment of residential uses. The result of the change is a reduction in allowable residential units within the entire 433 acre Kelly Ranch from 942 to 909 dwelling units. Table 1 and Exhibit GPA 97-07 attached to Resolution No. 4492 illustrate the proposed changes. Following is a discussion of each Planning Area. Planning Area A & B The existing designation for Planning Area A is RMH and Planning Area B is Open Space. Both will remain the same. The amendment proposes a boundary adjustment between development Planning Area A and the Agua Hedionda Lagoon, Planning Area B, which separates the developable portion of the Planning Area from the lagoon and ultimately reduces the size of Planning Area A. The net effect is a reduction in the allowable residential units. Planning Area C The existing designation for Planning Area C is RMH and will be changed to RLM. In addition, the amendment proposes an adjustment between Planning Area C and Planning Area B which will reduce the size of Planning Area C. The adjustment is intended to include constrained lands into Planning Area B which is Open Space. An RLM designation on this property is appropriate since it is surrounded by single family residential and there is only one point of access. Residential Medium High has a density range of 8-15 dwelling units per acre (du/ac) and Residential Low-Medium has a density range of O-4 du/ac. The net effect is a reduction in the allowable residential units which is compatible with the neighborhood and also equates to fewer Average Daily Traffic (ADT) to the street which accesses the site. EIR 98-05/GPA 97-07/ZC 37-07/ZCA 99-03/LCPA 97-09/MP 174(B)/LFMP 87-08(B) CT 97-16/HDP 97-17KDP 97-43/‘PUD 99-O - KELLY RANCH April 7,1999 Planning Areas D, G, and H The existing designation for these Planning Areas is RM. The amendment proposes a re- definition of the Planning Area boundaries and a change to RMH. The net effect of the change would be an increase in the allowable residential units for the Planning Areas. Residential Medium High has a density range of 8-15 du/ac as compared to a density range of 4-8 du/ac for Residential Medium. The increase in density is appropriate in that, the site is near major sources of employment at the Carlsbad Research Center, Carlsbad Airport Center, Carlsbad Ranch and LEGOLAND California. The Site is situated on a Circulation Element Roadway with direct access to Interstate 5. The site has hillside conditions with a great difference in site elevations. The Planning Areas are located at the base of the hillside adjacent to the major roadways which accommodates access and reduces grading requirements. The site is also geographically separated from established residential neighborhoods by the lagoon and hillsides which eliminates potential conflicts of new development versus established development. The increase in density for these Planning Areas is also balanced against the reduction in densities of Planning Areas I and J located at the upper reaches of the site. Planning Areas I and J The existing designation for these Planning Areas is RM. The amendment proposes a re- definition of the Planning Area boundaries and a change to RLM. The net effect of the change would be a decrease in the allowable residential units for the Planning Areas. Residential Low Medium has a density range of O-4 du/ac as compared to a density range of 4-8 du/ac for Residential Medium. The reduction in density is appropriate in that these Planning Areas are more difficult to access because of the hillside conditions. Planning Area F The existing designation for this Planning Area is T-R. The amendment proposes a change of land uses to reflect those portions of the Planning Area that are developable, those which are to be preserved as open space and to reduce the overall use intensity of the site. The developable portion of the site is proposed to be changed to Office and Open Space which is a reduction in the intensity of use from Travel Related Commercial and will accommodate the potential future use of the site for a child care center and the Agua Hedionda Lagoon Nature/Visitor Center. The potential child care center would be located within the Office designation and the Nature/Visitor Center would be located with the OS designation as a quasi-governmental use. The proposed change is appropriate in that the reduced use intensity will reduce ADT, the potential future uses will provide community facilities which will benefit the new residential development and the community at large, and will potentially have lesser offsite impacts to the / / / EIR 98-05/GPA 97-07/ZC 37-07/ZCA 99-03/LCPA 97-09/h@ 174(B)/LFMP 87-08(B) CT 97-l 6iHDP 97-17/GDP 97-43/PUD 99-O - KELLY RANCH April 7,1999 adjacent Agua Hedionda Lagoon wetlands in the form of less night lighting and less potential of unsupervised entrance and disturbance to the wetlands. Regarding community facilities such as day care, the City is considering the creation of a Community Facilities (CF) Zone which would be intended specifically to accommodate community facilities. At such time that a CF zone is created, the City would initiate a rezone of Planning Area F to designate it as CF. Planning Areas E, K, and L Planning Area E has been approved for the development of 144 single family homes. The amendment will change the existing designation of RM to RLM. The new designation of RLM will reflect the approved project density range which is within the O-4 du/ac. range. Planning Areas M and N are currently designated as RM and will remain as RM. The amendment proposes a refining of the Phuming Area boundaries. Neither of the Planning Area sizes will be affected. The proposed amendments are consistent with General Plan policies in that the proposed designations will accommodate a variety of housing types, will not reduce existing quantities of designated open space, will provide significant open space which will contribute to an overall desired quality of life, will provide a correlation between density and topography, and will accommodate community service facilities. A net effect of the amendment will be a reduction in the allowable residential units within the 433 acre Kelly Ranch from 942 to 909. B. Zone The request for a zone change goes hand-in-hand with the master plan amendment request to rescind the Kelly Ranch Master Plan. The request is for the zoning to be changed from PC to R- 1 (Planning Area E), R-l-Q (Planning Areas C, I and J), R-3-Q (Planning Areas D, G, and H), RD-M-Q (Planning Areas A, K and L) , OS (Planning Area B and miscellaneous open space lots) and OS and R-P-Q (Planning Area F). The “Q” overlay, which requires Planning Commission review and approval of a Site Development Plan (SDP), is being applied to each zoning designation with the intent of insuring that future development of the Planning Areas will be visually and physically compatible with each other similar to the intent of a Master Plan. Each zoning designation corresponds to an appropriate General Plan designation. The R-1(-Q) implements the RLM General Plan designation which is characterized by single family residential development, the R-3-Q and RD-M-Q implement the RMH General Plan designation which is characterized by attached multi-family residential development, OS implements the OS General Plan designation which is characterized by improved and natural open space and the R- P-Q implements the 0 General Plan designation which is characterized by office and professional uses. Approval of the Zone Change eliminates the requirement for a master plan on this property. EIR 98-05/GPA 97-07/ZC !J7-07/ZCA 99-03/LCPA 97-09/MP 174@)/LFMP 87-08(B) CT 97-16/HDP 97-17/GDP 97-43iPUD 99-O - KELLY RANCH April 7,1999 6 The Kelly Ranch Master Plan was originally adopted by the Carlsbad City Council in September 1984 consistent with its zoning, Planned Community (PC). The PC zone is intended to provide a method and encourage the orderly implementation of the General Plan, allow for the comprehensive planning of all necessary public facilities, and provide a framework for phased development by the comprehensive planning and development of large tracts of land under unified ownership in accord with an adopted master plan. The Zone Change and master plan rescission have been supported by staff, in this case, because the project has been conditioned and the applicant has stated that he agrees, to provide the required components of a Master Plan via the ‘Zone 8 Local Facilities Management Plan and Tentative Tract Map CT 97-16. More specifically those components include public water, sewer, and circulation facilities which are requirements of the tract map; common recreation vehicle storage designated on Lot No. 161; community facilities and reservation of land for a child care facility on Lot No. 167 which will be secured by deed restriction; and coordination of open space and trails on the tentative map. Table 2 attached as an appendix to this report provides a comparison between what the existing Master Plan provides, the effect of rescinding the Kelly Ranch Master Plan and substituting zoning, and what could be accomplished by creating a new Master Plan. As shown in Table 2, requirements of both the existing Kelly Ranch Master Plan or a new master plan can be provided through a combination of a tract map and a Local Facilities Management Plan. Exhibit ZC 97-07 attached to Resolution No. 4493 provides an illustrative comparison between the existing zoning and the proposed zoning. c* Zone The project includes a repeal of section 2 1.38.160 of the Zoning Ordinance. The elimination of this section is considered a “housekeeping” item in that with adoption of the proposed General Plan amendment GPA 97-07 and Zone Change ZCA 97-07, a master plan will no longer be required for the Kelly Point and Macario Canyon. Section 21.38.160 is a part of the PC Zone. It states that a master plan is required, it designates maximum density of development contrary to the density designations of the General Plan, it references Coastal Development Permit 6-84-617 which was approved by the Coastal Commission for the original 1984 Kelly Ranch Master Plan, it identifies information which shall be included in a master plan, and it reiterates the requirements of the Coastal Resource Protection Overlay Zone Chapter 21.203 of the Carlsbad Zoning Ordinance. Repeal of this section of the Zoning Ordinance will not be inconsistent with the General Plan in that the associated development standards will either have been changed with GPA 97-07 and ZC 97-07 and/or are applicable in other sections of the Zoning Ordinance. EIR 98-05/GPA 97-07/ZC ~7-07/ZCA 99-03/LCPA 97-09/MP 174(B)/LFMP 87-08(B) CT 97-l 6/HDP 97-17/GDP 97-43/PUD 99-O - KELLY RANCH April 7,1999 D. al Co&al Program Amendment Text and graphics are proposed for modification in both the Agua Hedionda Lagoon and Mello II segments. The land use map changes are shown on Exhibits 1-B and 2-B. The amendment will provide Local Coastal Program consistency with the proposed General Plan amendment, Zone Change, and Zone Code Amendment. The text amendments are as follows: The Agua Hedionda LCP map, Exhibit C, will be changed to reflect the new General Plan and Zoning designations. Land Use Policy 1.2 is proposed to be deleted. The policy describes allowed uses in the lagoon wetlands and is proposed for deletion because the allowed uses are inconsistent with Environmental Policy 3.1 which is far more restrictive. Environmental Policy 3.1 states that no uses shall occur within the boundaries of the wetland area except those activities necessary for maintenance, resource management, farming and grazing, or as approved by the State Department of Fish and Game. By comparison Land Use Policy 1.2 allows for outdoor plant nurseries, fish hatcheries, driving ranges, archery ranges, and agricultural production. The uses allowed in wetlands by Policy 3.1 are also more consistent with the City of Carlsbad Open Space zone and should be used in place of the existing text. Mello II Policy 3-5(a)(6) will be revised as follows: Residential densities in the 433 acre Kelly Ranch shall be permitted and based on net developable acres as defined by the City of Carlsbad Zoning Ordinance and the underlying General Plan Land Use designation. Policy 3-5(a)(7) will be revised as follows: Approximately 2.8 acres located adjacent to Cannon Road, and as described in CDP 98- 47 are designated for an interpretive center for Agua Hedionda and for child care facilities under Residential-Professional (RP) and Open Space (OS) zoning. Section 21.38.160 Carlsbad Zoning The Coastal Program will be affected by the repeal of Section 21.38.160 in that the Zoning Ordinance is the Implementing Ordinance for the Coastal Program. Standards of development found in 21.38.160 are still present in the Coastal Resource Protection Overlay Zone. Repeal of this section will not alter the need for the review and evaluation of issues specific to the coastal zone and can therefore be found to be consistent with the Carlsbad Local Coastal Program. EIR 98-05/GPA 97-07/ZC 97-07/ZCA 99-03/LCPA 97-09h4P 174(B)/LFMP 87-08(B) CT 97-16/HDP 97-l 7/CDP 97-43/PUD 99-O - KELLY RANCH April 7,1999 E. . . . 1 Factis m The Local Facilities Management Plan for Zone 8 includes the project property, the City owned Macario property and the Kirgis property. The proposed Zone 8 Local Facilities Management Plan amendment (LFMP 87-08B) is the second amendment to the plan since its original adoption in 1989 and is intended to reflect a reduction in land use density as proposed in the project General Plan amendment. Specifically, the original 1989 Zone 8 LFMP projected 1,224 dwelling units at buildout. The first amendment to the LFMP (LFMP 87-08A) was approved in January 1999 and reduced the projected dwelling units to 1,153. The current amendment (LFMP 87-08B) further reduces the buildout for all of Zone 8 to 963 dwelling units. These buildout numbers include the entire 433 acre Kelly Ranch and the 21.9 acre Kirgis property. The overall reduction in units is a result of the proposed General Plan amendment for the Kelly Ranch. The amended zone plan is based on an estimation of potential development capacity per existing ordinances and constraints. The impacts of the proposed Zone 8 development buildout and the proposed financing to assure compliance with the adopted performance standards are summarized in Table 3 included as an appendix to this report. The table provides a summary of the Zone 8 requirements and sources of tImding for Zone 8 buildout as amended. Following is a brief analysis of each of the sections of the LFMP which have been modified. In general the zone plan amendment assumes a reduction in residential units by 190 and a reduction in population by 579 residents. These reductions are reflected in the needs analysis for each of the facilities areas. The demand for facilities will be reduced as a result of reduced dwelling units and population. Since Zone 8 funding contributions through Community Facilities District 1 and Public Facilities fees are based on dwelling units, the reduction of dwelling units will proportionately reduce the property’s fiscal contributions. Waste Water Treatment The Special Conditions have been modified to reflect actions already completed. A reduction in the number of residential units, and consequently population, reduces the demand for parks by 1.32 acres There currently exists a demand for 76 acres of park within Park District 1 (Northwest Quadrant) and there is an existing supply of 94.6 acres. The existing surplus is 18.6 acres. The amended buildout demand is projected at 106.87 acres and buildout supply projected at 174.25 which will be a 67.38 acre surplus. Park facilities will be satisfied through the payment of park-in-lieu fees and public facilities fees. )/*--- EJR 98-05/GPA 97-07/ZC 37-07/ZCA 99-03/LCPA 97-09/MP 174(B)/LFMP 87-08(B) CT 97-16/HDP 97-17/GDP 97-43/PUD 99-O - KELLY RANCH April 7,1999 Drainage Drainage facilities and phasing have been changed to reflect the subdivision CT 97-16. The Special Conditions have been changed to update the condition referencing Master Drainage Plan. Specific improvements listed in Special Condition B have been replaced by Table IV-M. Circm Average Daily Traffic has been reduced based on the reduction of assumed residential units. Facilities needs and phasing were updated in the January 1999 Zone Plan amendment (LFMP 87- 08A) and have not changed except for the addition of improvements to Park Drive adjacent to Planning Area A and easterly to existing Kelly Drive. The Park Drive improvements were identified as necessary for development in the Kelly Ranch Master Plan. The Park Drive improvements contribute to complete and comprehensive circulation facilities throughout the Kelly Ranch and Zone 8. A new Special Condition has been added to the Zone 8 LFMP to require Park Drive improvements with the development of Planning Area “A”. In addition, the City has received its annual Growth Management Traffic Monitoring Report. The Report has recorded an unanticipated intersection “level of service” (LOS) failure at Palomar Airport Road (PAR) and El Camino Real (ECR) during both the a.m. and p.m. peak hours. This potentially creates a changed circumstance negating reliance on previous environmental documentation. Pursuant to $15 162 of the CEQA Guidelines a lead agency must prepare a “Subsequent” environmental documentation if substantial evidence (i.e., the recorded intersection failure) determines that a changed circumstance exists. However, case law has interpreted this section of the CEQA Guidelines to not require the preparation of a “Subsequent EIR” if mitigation measures are adopted which reduce the identified impacts to a level of insignificance. A mitigation measure has been identified which, if implemented, will bring the peak hours LOS into the acceptable range. The mitigation measure involves construction of two dual right turn lanes-northbound to eastbound and westbound to northbound. This project has been conditioned to pay its fair share of the intersection “short-term improvements” thereby, guaranteeing mitigation to a level of insignificance. The Zone 8 Fire performance standard allows up to 1,500 units to be outside of a five minute response time. The amendment equates to a reduction in overall dwelling units and fewer units in Zone 8 outside of the five minute response time. The estimated number of units outside of the five minute response time for Zone 8 is 596. Space The Qpen Space standard has not changed and will be applied to the project. EIR 98-05/GPA 97-07/ZC 37-07/ZCA 99-03/LCPA 97-09/MP 174(B)/LFMP 87-08(B) CT 97-16HDP 97-17/GDP 97-43/PUD 99-O - KELLY RANCH April 7,1999 . . . 001 Fti Since the generation of school aged children is based on dwelling units, the anticipated number of students generated by the Kelly Ranch project has been reduced commensurate with the reduction of residential units. The Carlsbad School District has entered into an agreement with the Kelly Land Company obligating development within the Kelly Ranch to pay a fare share per residential unit to the school district at issuance of building permits. New Special Conditions have been added to reflect the Kelly Ranch school agreement and to stipulate that the Kirgis property will be subject to school fees when that property develops. Sewer Col.l.e&on Svsta No Change . . . Water Facti Special Condition number 3 which lists needed facilities has been replaced by Table IV-Z. F. Carlsbad Per Title 20 of the Carlsbad Municipal Code, the project is required to process a major subdivision. Chapter 20.12 identifies the procedure for processing a major subdivision and includes the required findings for approval of same. Chapter 20.16 identifies the requirements that must be met in the design of the subdivision. The proper procedure was followed regarding the submittal of the application for the requested subdivision including the provision of all of the required information on the map. The project subdivision encompasses 174 acres of. the entire 433 acre Kelly Ranch. The Planning Areas affected by the subdivision are D, F, G, H, I, J, K and L. The proposed map and the proposed design and improvement of the subdivision as conditioned, is consistent with and satisfies all requirements of the General Plan as proposed to be amended, the Mello II segment of the Local Coastal Program, any applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act, and will not cause serious public health problems, in that the proposed grading includes remedial measures to stabilize slopes, the subdivision is not located within close proximity to land uses which are known to cause health problems, and the extent and quantities of grading are within prescribed limits. The site is adequate in size and shape to accommodate residential development at the density proposed and is therefore physically suitable for the type and density of the development, in that the subdivision proposes a number of dwelling units which is within the density range allowed by the General Plan and the Mello II segment of the Local Coastal Program. The design of the subdivision will not conflict with easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property //7 EIR 98-05/GPA 97-07/ZC 37-07/ZCA 99-03/LCPA 97-09/MP 174(B)/LFMP 87-08(B) CT 97- 1 6/HDP 97- 17KDP 97-43/pUD 99-O - KELLY RANCH April 7,1999 within the proposed subdivision, in that all lots created by the subdivision will have access to a publicly dedicated roads and conform to the dimension criteria established in Chapter 20.16 and Chapter 21.45. Since the property is currently not accessible by improved roadways, the project shall provide full improvements to Cannon Road from the westerly terminus of Planning Area E to the intersection with Future Faraday Avenue. The project provided a portions of trail segment 23 consistent with the Qpen Space Conservation and Resource Management Plan and has been conditioned to provide a portion of trail segment 24 within lot 175. The property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act) and is not subject to the agricultural preservation policies of the Mello II segment of the Local Coastal Program. The single family portion of the subdivision is within the density range of (O-4) du/acre specified for the site as indicated on the Land Use Element of the General Plan, and is below the growth control point of 3.2. The project will provide Cannon Road improvements which is a Circulation Element roadway. The subdivision was analyzed for noise impacts related to Cannon Road and mitigation has been included as a condition of approval. The project is consistent with the Housing Element of the General Plan and the Inclusionary Housing Ordinance as the Developer has entered into an Affordable Housing Agreement to provide and deed restrict 132 dwelling units as affordable to lower-income households. The Housing agreement pertains only to Planning Areas A, C, D, E, G, H, I, and J. All other Planning Areas will be required to provide their fair share with subdivision approval. The project provides significant areas of General Plan Open Space which supports open space conservation and natural habitats preservation. The proposed lot sizes conform to the requirements of Chapter 20.16 and Chapter 21.45. Lots that do not meet the requirements of Title 20 of the underlying zone, (R-l requires a minimum of 7,500 square feet,) may be approved by PUD. In that case, minimum lot size is then established as 3,500 square feet. Lots within the R-l-Q segment of the project range in size from 5,000 to 20,000 square feet. G. . Hillside DevelQparent Perma Chapter 21.95 requires that a Hillside Development Permit accompany any development proposal which involves slopes of greater than 15 percent and an elevation differential greater than 15 feet in height. These conditions apply within the 174 acre subdivision. A Hillside Development Permit may only be approved if the six hillside findings can be made. The first two findings require that hillside and undevelopable areas have been properly identified. The proper identification of these circumstances are provided through the project submittal in the form of a hillside conditions exhibit and a constraints exhibit. Both exhibits were provided as required. Approximately 55 percent of the site is comprised of slopes between 0 and 25 percent, 13 percent of the slopes from 25 to 40 percent, and 32 percent of the slopes in grades over 40 percent. EIR 98-05/GPA 97-07/ZC 37-07/ZCA 99-03/LCPA 97-09/MP 174(B)/LFMP 87-08(B) CT 97-16/HDP 97-l 7KDP 97-43/PUD 99-O - KELLY RANCH April 7,1999 The third criterion is that the development must be consistent with the purpose, intent and requirements of the Hillside Ordinance. The stated purpose and intent of the ordinance includes the avoidance of substantial damage or alteration of significant natural resource areas; preservation of the natural appearance of hillsides; consistency with the Open Space and Conservation Element of the General Plan; prevention of erosion and protection of the lagoons from excessive siltation; and assurance that development is compatible with existing topography. Generally, the project has avoided substantial alteration of the site’s natural resources in that 40% of the site will not be disturbed by grading. The grading proposed over the remaining 60% of the site includes varying slope heights and terraced pads which reflects the site’s natural slope progression from low near the lagoon and upward movement in elevation to the plateau at Planning Area “J. Erosion control is a standard function of the grading permit process. The project is consistent with the purpose and intent of the Hillside Ordinance. Criterion number four requires that no residential or habitable development or grading will occur in those portions of the property which are undevelopable pursuant to the provisions of Section 21.53.230. The undevelopable lands include beaches, permanent bodies of water, floodways, slopes greater than 40%, significant wetlands, riparian or woodland habitats, land subject to major power line easements, land upon which other significant environmental features are located, and railroad track beds. No residential or habitable development is proposed in areas that are undevelopable. The fifth and sixth criteria relate to the project’s design. The project must be designed to minimize disturbance to hillside lands and substantially conform to the intent of the concepts illustrated in the hillside design guidelines manual. The majority of the project is proposed in areas that have been previously disturbed by authorized grading. Some areas of hillside which will be disturbed by the project are isolated and not a part of the greater significant slopes. The proposed development substantially follows the hillside pattern of the site. Some areas of steep slope disturbance are required to access flatter portions of the site. Thus all of the hillside findings can be made. H. . Coastal Develop-t Permrt The 174 acre Carlsbad Tract and associated development permits are located within the Mello II segment of the Carlsbad Local Coastal Program. The development is also subject to the Coastal Resource Protection Overlay Zone. The intent of the overlay zone is to supplement the underlying zoning by providing additional resource protective regulations within designated areas to preserve, protect and enhance the habitat resource values of Buena Vista Lagoon, Agua Hedionda Lagoon, Batiquitos Lagoon, and steep sloping hillsides; to provide regulations in areas which provide the best wildlife habitat characteristics; to encourage proper lagoon management; and to deter soil erosion by maintaining the vegetative cover on steep slopes. Development within the Coastal Zone requires the issuance of a Coastal Development Permit consistent with the Local Coastal Program, the underlying zoning and applicable overlay zones. l/9 EIR 98-05/GPA 97-07/ZC ~7-07/ZCA 99-03/LCPA 97-09/MP 174(B)/LFMP 87-08(B) CT 97-16/HDP 97-l 71CDP 97-43/PUD 99-O - KELLY RANCH April 7,1999 The following table illustrates the applicable land use designations under the Local Coastal Program (LCP) if approved: II LAND USES LCP Land Use Plan R-l, R-3, RD-M, OS and R-P General Plan Residential Low Medium Residential Medium High Zoning Open Space and Office R- 1 (-O), R-3-0, RD-M-O, OS and R-P-O Discussion regarding the project’s compliance with the City’s General Plan and Zoning is found in the General Plan Amendment, Zone Change, and Zone Code Amendment sections of this staff report. Discussion of the project’s compliance with the applicable LCP overlay zone follows: Coastal Resource Protection Overlay Zone The overlay zone identifies five areas of protection. They are 1) steep slopes and vegetation; 2) drainage, erosion, sedimentation, habitat; 3) landslides and slope instability; 4) seismic hazards; and 5) floodplain development. 1. The overlay policy states that slopes of 25% grade and over shall be preserved in their natural state unless application of the policy would preclude reasonable use of the property. Since disturbance of 25% slopes will be required to access flatter portions of the site and thus a reasonable use of the property, the policy further states that up to 10% of the total slopes greater than 25% possessing endangered plant/animal species and/or coastal sage scrub and chaparral plant communities may be disturbed plus steep slope areas that are required to access flatter developable areas if there is no less environmentally damaging alternative available. The project has implemented the Hillside Street Standard to the greatest extent allowed in order to minimize impacts to the natural slopes. No less environmentally damaging alternative is available without non- compliance with minimum development standards. Disturbance of 25% slopes is predominantly associated with hillside road grading. Hillside road grading allows deviations from typical road design to accommodate a more environmentally sensitive approach to hillside access and development. The site contains 61.6 acres of slopes greater than 25% with significant species. The project proposes disturbance of 6 acres of slopes greater than 25% which contain significant species which is a less than 10% disturbance. In addition 7.2 acres will be disturbed in order to access flatter developable areas. 2. Special erosion control measures must be included as conditions of approval. These “special” measures are standard measures required by the City’s Grading Ordinance and are included as conditions of approval. EIR 9%05/GPA 97-07/ZC 97-07/ZCA 99-03/LCPA 97-09/MP 174(B)/LFMP 87-08(B) CT 97-16HDP 97-l 7/CDP 97-43/PUD 99-O - KELLY RANCH April 7,1999 3. The geotechnical investigation prepared by Leighton and Associates did not indicate that there are soils onsite of the La Jolla group which are susceptible to accelerated erosion. Therefore, additional reports are not required. 4. Because of the soil types and topography, the site is not prone to liquefaction and therefore site-specific investigations are not required. 5. No development proposed within the 100 year floodplain. The proposed project is in compliance with the requirements of the Local Coastal Program. I. Allowance of single family lots less than 7,500 square feet in an R-l zone requires approval of a Planned Unit Development (PUD). The proposal includes the subdivision of single family residential lots ranging in size from 5,098 to 12,507 square feet in Planning Area “I” and 7,500 to 20,655 square feet in Planning Area “J”. Planning Area I is proposed as R-l-Q, therefore a PUD is required. The proposed project does comply with the applicable PUD standards as shown below. Planned Unit Develoument Standard Reauirements Standard Setbacks Parking Recreational Qpen Space 1 Required required for buildings 2 resident spaces per unit 1 guest space per 4 units 200 square feet per unit 1 Provided no buildings proposed no units proposed 200 square feet available per lot and common facilities at Lot 156. 1 Street Widths 1 32 foot wide 1 32 foot wide 1 Recreational Vehicle Storage 1 6,060 square feet at 20 square 1 40,000 square feet I Refuse Areas feet per unit individual individual Antennas Lot Size I Storage per Unit I ! not visible no antennas proposed 3,500 square feet minimum 5.098 square feet minimum I . A 1 480 cubic feet per unit I . 1 1 no units proposed Lots smaller than 7,500 square foot have been proposed in Planning Area “I” to maintain a reasonable density of development within a reduced footprint of disturbance. One of the stated ‘intents for use of the Planned Development Ordinance is to encourage development which is sensitive to the natural topography of the site, minimizes alterations to the land, and maintains and enhances significant natural resources. Reduction in lot size commensurately reduces the total area of disturbance. Maintaining a relatively consistent density of development reduces the desire to encroach further into natural resources. Significant natural resources are the slopes which separate Planning Area “J” from Planning Areas “I” and “I-I”. /a EIR 98-05/GPA 97-07/ZC 97-07/ZCA 99-03/LCPA 97-09MI 174(@/LFMP 87-08(B) CT 97- 16/HDP 97-17/GDP 97-43/PUD 99-O - KELLY RANCH April 7,1999 Some aspects of the Planned Development Ordinance requirements will be deferred for review until step two of the project, however, those applicable standards which will be provided with the subdivision include: 1) a cormnon recreation open space lot; and 2) a recreational vehicle storage facility. Lot number 156 in Planning Area “I” is designated as a common recreation open space lot for the two single family subdivisions. The lot exceeds the 100 square feet per unit standard of 15,500 square feet. Lot number 161 is a recreational vehicle storage facility which will be available to the entire subdivision. The minimum requirement is approximately 6,060 square feet. Lot number 161 will provide approximately 40,000 square feet for recreational vehicle storage. Other PUD standards such as building setbacks and height, individual unit storage, individual unit recreational open space requirements, and guest parking are not applied at this time since there are no buildings proposed. A subsequent PUD application will be required prior to the approval of building permits for Planning Area I. V. FNVIRON-AL REVIEW The environmental issues identified in the initial study are land use, biological resources, traffic/circulation, air quality, noise, and aesthetics. A summary of the environmental impacts and mitigation measures is provided in Table S-l of the Environmental Impact Report. A surnmary comparison of impacts between the proposed project and alternatives is provided in Section 4.0 of the Environmental Impact Report (EIR). Based on data and conclusions of the EIR, the project will result in cumulative impacts to air quality and traffic/circulation which cannot be fully mitigated. Therefore a statement of overriding considerations pursuant to Sections 15093 and 15126(b) of the CEQA Guidelines must be adopted. The statement has been included within the Findings of Facts marked as Exhibit “B” of Resolution No. 425 1. ’ Significant project level impacts have been identified for biological resources, land use, visual resources, noise, and archeological and paleontological resources. These significant impacts can be reduced to a less than significant level with the implementation of identified mitigation measures which are identified in the Mitigation Monitoring and Reporting Program. EIR 98-05/GPA 97-07/ZL 97-07/ZCA 99-03/LCPA 97-09MP 174(B)/LFMP 87-08(B) CT 97-16&IDP 97-l 7/CDP 97-43/PUD 99-O - KELLY RANCH April 7,1999 ATTACHMENTS: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. Planning Commission Resolution No. 4491 (EIR) Planning Commission Resolution No. 4492 (GPA) Planning Commission Resolution No. 4493 (ZC) Planning Commission Resolution No. 4543 (ZCA) Planning Commission Resolution No. 4494 (LCPA) Planning Commission Resolution No. 4495 (MP 174(B) Planning Commission Resolution No. 4496 (LFMP) Planning Commission Resolution No. 4497 (CT) Planning Commission Resolution No. 4498 (HDP) Planning Commission Resolution No. 4499 (CDP) Planning Commission Resolution No. 4500 (PI-ID) Location Map Disclosure Statement Background Data Sheet Local Facilities Lmpact Assessment Tables 1,2 and 3 EIR 98-05 (previously distributed) LFMP 87-08(B) (previously distributed) Exhibits “A” - “M“ dated April 7,1999 CW:eh:mh la3 DISCLOSURE STATEMENT Applicant’s statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information must be disclosed: 1. APPLICANT List the names and addresses of all persons having a financial interest in the application. KELLY LAND COMPANY, A Delaware Corporation 2011 Palomar Airport Rd., t206 Carlsbad, CA 92009 2. OWNER List the names and addresses of all persons having any ownership interest in the property involved. THE HILLMAN COMPANY. A Pennsylvania CorDoration (See attached letter) . - 1900 Grant Bu.l&w Pittsburgh, PA 15219 3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. Henry L. Hillman. Elsie Hilliard Hillman and C.G. Grefenstette, Trustees of The Henry L. Hillman Trust 4. If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names and addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiary of the trust. See attached letter. 2075 Las Palmas Dr. - Carlsbad. CA 92009-l 576 - (619) 438-1161 l FAX (619) 438-0894 f - - I 5. Have you had _ - than $250 worth of business tr . . ;ted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? cl Yes cl x No If yes, please indicate person(s): Person is defined as ‘Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit.” NOTE: Attach additional sheets if necessary. -KELLY @ND COMPANY, a Delaware A&&LLi- Signature of owner/date Signature of applicant/date . D.L. CldVice Preslw Print or type name of owner Print or type name of applicant &t!dcgkQ& Si'gnature 0 owner ate Scott Medansky/Asst. Secretary Print or type name of owner Disclosure Statement 1 O/96 m- Page 2 of 2 - -- THE HILT~MAN COMPAXY Grc.+.,ur Tlxrr.nrwc, pr-l"~~urJRGlI,~~~~SYLvn~,r 15218 CAROL,. CUSICK RILrn WCC D”i3lDcnr rr* hss06ws~L CaxCUC CD”“IEL December 18, 1997 .t 2 3x+-3640 VIA FACSIMILE & FEDERAL EXPRESS Christopher B. Neils, Esq. Sheppard, Mullin, Richert & Hampton 501 West Broadway, 19th Floor San Diego, CA 92101-3598 Mr. Larry Clemens Aviara Hillman Propedcs Palomar Triad Corporate Park 2011 Palornar Airport Koad, Suite 206 C&bad, CA 92009 Re: Kelly Land Company, a Delaware corporation Dear Christ and Larry: The Disclosure Statement we discussed for the City of Carlsbad Planning Department states in paragraph 3 that we are to list all individuals owning more than 10% of the shares in the corporation (Kelly Land Company) if *any person identified in paragraph 1 and 2 is a corporation. As we discussed, Kelly Land Company is a wholly-owned subsidiary of Wilmington Securities, Inc., a Delaware corporation, which, in turn, is a wholly-owned subsidiary of Wilmington Investments, Inc., a Delaware corporation, which, in turn, is a wholly-owned subsidiary of The I-Ii I lman Company, a Pennsylvania corporation. Only one shareholder of The Hilhnan Company owns more than 10% of the voting securities of The Hillman Company. That shareholder is the fo 1 lowing trust: Henry L. Hillman, Elsie Hilliard Hillman and C.G. Grefenstctte, Trustees of The Hemy L. Hillman Trust, Under Agreement dated November 18,198s. This is a rev&able trust, whose grantor is Mr. Henry L. Hillman. Please let us know if you need any tier infomlation. Very truly yours, bee: Scott Medansky Carol 3. Cusick Riiey H. Vaughan Blamer, III Bartlcy J. Rahuba DISCLOSURE STATEMENT /A&cant’s statement or disclosure of certain ownership interests on all applications which will require ] . I discretionary action on the part of the City Council or a& appointed Board. 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: Person is defined as “Any individual, firm, co-partnership, joint venture, association, social club, fkxemal organization. corporation, estate, trust, receiver, syndicate, in this and any other county, city and county. city municipality, district or other political subdivision or any other group or combination acting as a unit.” Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. I. APPLICANT (Not the applicant’s agent) Provide the COMPLETE, LEGAL names and addresses of && persons having a financial interest in the application. If the applicant includes a corooration or PartnershiD, include the names. title. addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES. PLEASE INDICATE NON- APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned comoration, include the names. titles. and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Title Address Carp/Part Shea Homes Limited Partnership Title (see attached) Address 10721 Treena Street, Suite 200 San Diego, CA 92131 3 m. OWNER (Not the owner’s agent) Provide the COMPLETE, LEGAL names and addresses of &LJ persons having any ownership interest in the property involved. Also. provide the nature of the legal ownership (i.e, partnership, tenants in common. non-profit. corporation. etc.). If the ownership includes a corooration or oartnershio, include the names. title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv- owned corooration. include the names. titles. and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Title COT/Part Kelly Land Co. Title (see attach&d) Address Address 2011 Palomar Airport Road Carlsbad, CA 92009 2075 Las Palmas Dr. - Carlsbad, CA 92009-l 576 - (760) 438-1161. FAX (760) 438-0894 @ 5. F. NON-PROFIT ANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonorofit orrzanization or a trust. list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Profit/Trust N/A Non Profit/Trust Address Address 4. Have you had more than $250 worth of business transacted with any member of CiQ* staff. Boards, Commissions, Committees and/or Council within the past twelve (12) months? cl Yes El * No If yes, please indicate person(s): NOTE: Attach additional sheets if necessary. I 1 the above information is true and correct to the best of my knowledge. 9-14-98 Signature of owner/date Kelly Land Comany, a Delaware Corporation D.L. Clemens/Vice President Print or type name of owner Sighature of applicant/date Shea Homes Limited Partnership by: Dale Holbrook Print or type name of applicant j,iii~! 9014098 /Signature of owner/applicant’s a t if applicable/date Scott Medansky/Secretary Treasurer Print or type name of owner/applicant’s agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5498 /2a Page 2 of 2 -. General Partner: The following persons/entities have a financial interest in Shea Homes Limited Partnership J.F. Shea Co., Inc. Limited Partners: Shea Investments Tahoe Partnership I Balboa Partnership John F. Shea, Trustee John F. Shea Family Trust Peter 0. Shea > : : Edmund H. Shea, Jr: Trustee Edmund and Mary Shea Real Property Trust Address 655 Brea Canyon Rd. Walnut, CA 91789 655 Brea Canyon Rd. Walnut, CA 91789 655 Brea Canyon Rd. Walnut, CA 91789 655 Brea Canyon Rd. Walnut, CA 91789 655 Brea Canyon Rd. Walnut, CA 91789 655 Brea Canyon Rd. Walnut, CA 91789 655 Brea Canyon Rd. Walnut, CA 91789 BACKGROUND DATA SHEET CASE NO: EIR 98-05lGPA 97-07/X 97-07AXPA 97-09/T@ 174(B)/LFMP 87-08(B)/CT 97- 16/HDP 97-l 7/CDP 97-43lPUD 99-02 CASE NAME: Kelly &n.ch APPLICANT: ally J and Co-y REQUEST AND LOCATION: Land use chances and subdivision for Kelly Ranch APN: 208-020-37 and 38 Acres: 433 Proposed No. of Lots/Units: 178 lots GENERAJ, PLAN AND ZONING Land Use Designation: IRM/OS/RMH/T-R Density Allowed: 4- 15 Density Proposed: 0- 15 Existing Zone: PC Proposed Zone: R- 1 IR-mDM/OS/R-P Surrounding Zoning and Land Use: (See attached for information on Carlsbad’s Zoning Requirements) Zoning Land Use Site PC VACANT North R-l/OS RESIDENTIAL South OS/P-U VACANT East OS/C-M/R- 1 RESIDENTIAL West OS VACANT PUBLIC FACILITIES School District: Carlsbd Water District: &&bad Sewer District: Qulsbad Equivalent Dwelling Units (Sewer Capacity): N/A Public Facilities Fee Agreement, dated: Aunust 29. 1997 ENVIRONMENTAL IMPACT ASSESSMENT Cl Negative Declaration, issued Ix] Draft Environmental Impact Report, dated Februarv 1999 cl Other, CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM (To be Submitted with Development Application) PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAMEAND NO: IRANCH. 97-07/ZC 97-07lZCA 88-03/LCPA 97-09MP 174(B)A ,FMP 87-OS/CT 97- 16/HDP 97-17/GDP 97-43iPUD 99-02 LOCAL FACILITY MANAGEMENT ZONE: GENERAL PLAN: OS/RM/T-RRMH 8 ZONING: PC DEVELOPER’S NAME: Kelly l,md Company ADDRESS: 2011 Palomar Airport Road Suite 206 Carlsbad California 92009 PHONE NO.: 760-931-l 190 ASSESSOR’S PARCEL NO.: 208-020-37/38-00 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 433 acres A. B. C. D. E. F. G. H. I. J. K. L. City Administrative Facilities: Demand in Square Footage = 539 Library: Demand in Square Footage = 787 Wastewater Treatment Capacity (Calculate with J. Sewer) 155 EDU Park: Demand in Acreage = 1.08 acres Drainage: Demand in CFS = N/A Identify Drainage Basin = R (Identify master plan facilities on site plan) Circulation: Demand in ADT = 1.550 ADT (Identify Trip Distribution on site plan) Fire: Served by Fire Station No. = #5 Open Space: Acreage Provided = 240 + acres Schools: 265 students Sewer: Demands in EDU 155 EDU Identify Sub Basin = N/A (Identify trunk line(s) impacted on site plan) Water: Demand in GPD = 34.100 GPD The project is 5 units under the Growth Management Dwelling unit allowance. J3/ / Area Table 1 12.9 12.4 FWH 11.5 142 10.2 9.7 192.5 0.0 OS 195.2 2.7 8.0 5.3 11.5 60 27.0 7.4 6.0 44 45.0 I 35.7 IIM I 6.0 1 214 -&i-%-i iit 6.0 93 P 14.6 9.9 6.0 59 36.3 22.1 6.0 132 I II I I 5.5 1 3.8 II RM 6.0 1 22 I II I I I I 942 ! Proposed General Plan LU 1 GMCP t ##units OS RLM 3.2 17 11.5 85 6.0 214 0 11.5 179 11.5 114 F&M 3.2 70 RLM 3.2 90 6.0 7 I I I 6.0 1 22 LU = Land Use GMCP= Growth Management Control Point Table 2 What the Existing Master ’ Effect of rescinding the What may be accomplished Plan provides Master Plan and applying through a new Mater Plan standard zoning DEVELOPMENT STANDARDS COMPARISON All RDM r R- l/R-3/RDIWOS/R-P R-l/R-3/RDM/OS/R-P Expanded allowed uses in B No uses in B No uses in B All development requires a pm for “I”“J”&“A” pm for “I)7~~J)~&9?A)~ PUD 100 ft setback from 100 ft setback from 100 ft setback from wetlands- 50 wetlands- 50 if approved by wetlands- 50 if approved by if approved by CDFG (in LCP) CDFG (in LCP) CDFG (in LCP) Kelly Dr. extension No Kelly Dr. extension No Kelly Dr. extension 20 ft landscape on Park Dr. 20 ft setback on Park Dr. 20 ft + on Park Dr. per PD 30 ft setback on Cannon 20 A setback on Cannon per 30 fi + setback on Cannon R-3 (30+proposed) Common RV @5OOth Not required Common RV up front (proposed with map) Preserve access to Kirgis Required with map Preserve access to Kirgis Increase Area F to 10.7 ac. No increase No increase SDP for “A” +PUD+CDP PUD for “A”+CDP+SDP(Q Multiple permits over all GP designations) Areas of Modification = LCP requirements for 25% LCP requirements for 25% LCP requirements for 25% 25 ft horizontal variation LCP requirements for 25% LCP requirements for 25% allowed by City Berms and grade separation Berms and grade separation Berms and grade separation for for residential for residential proposed residential with map Fire zones Fire zones proposed with Fire zones map Non-profit for RV HOA will provide Non-profit or HOA maintenance maintenance CC&Rs CC&Rs proposed with map CC&Rs 10% density transfer No density transfer Yes or no density transfer 1984 PD ordinance 1998 PD ordinance 1998 PD ordinance Bikeways on ECR/Cannon Cannon Road bikeway Bikeways on ECWCannon proposed with map LCP l/3 view issue resolved Include resolution in LCPA Include resolution in LCPA for “A” Facilities phasing As required by LFMP As required by LFMP Sign program Sign program with map Sign Program No community facility Community facilities Community facilities as required proposed on Area “F” by General Plan I 133 Table 2 - continued PROCEEDURAL IMPACTS No affordable housing Affordable housing required Affordable program. provided but required with for each map. Current (incorporate existing agreement) maps proposal has an agreement which covers Master Plan area. c Current Master Plan Requirements Comparison Existing MP requires: Requirements per zoning Current Master Plan and current proposal: Requirements: 35 ft height (RDM/PD) 35 ft R-3&RDM/30 ft R-l 30 fi height 66% OS 66% OS proposed 15% OS Graphic of Public Facilities None required. Provided in Graphic of Public Facilities LFMP Public Facilities Phasing None required. Provided in Public Facilities Phasing LFMP None provided None required Fiscal Impact Report Notes E 1 - 16 Mostly refers None required Special Development to PD and RDM Regulations None provided Provided in LFMP Program to meet Public Facilities needs Methods of maintenance Methods of maintenance methods of maintenance provided with maps Mitigation measures Mitigation measures shown Mitigation measures in EIR Open Space Map Concept landscape plan Landscape open area plan Sign program Sign program required with Sign program map Coastal Regulations 1984 Coastal Regulations 1998 Coastal Regulations 1998 963 units Developer/CFD No. 1 CFD No.3IPFF Fire Open Space Schools Sewer Collection System Station #5 109.8 acres 265 students 963 EDU PFF 240+ ac. Provided Onsite Schools Agreement Developer/Fee Water 211,860 GPD Developer/Fee C. FD= Community Facilities District PFF= Public Facilities Fees EDU= Equivalent Dwelling Unit Fee PIL= Park In-lieu Fee ADT= Average Daily Traffic GPD= Gallons per Day DRAFT EXHIBIT 8 9. EIR 98-05/CPA 97-07/X 97-07/ZCA 99-03/LCPA 97-09/MP 174tBVLFMP 87-08(BIICT 97- 171HDP 97-17ICDP 9743/PUD 99-02 - KELLY RANCH - Request for certification of an Environmental Impact Report, Findings of Fact, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program, and recommendation of approval of a General Plan Amendment, Zone Change, Zone Code Amendment, Local Coastal Program Amendment, Master Plan Amendment, Local Facilities Management Plan Amendment, Tentative Tract Map, Hillside Development Permit, Coastal Development Permit, and Planned Unit Development within the 433 acre Kelly Ranch generally located south of Park Drive, west of El Camino Real and north of Faraday Avenue in Local Facilities Management Zone 8. Chairperson Heineman asked the applicant if he had any objection to having this item heard by less than a full Commission. The Hillman Properties’ representative, Larry Clemens stated that he had no objections. Assistant Planning Director, Gary Wayne introduced the item and announced that the Commission’s action is not final and will be forward to the City Council for its consideration. Mr. Wayne introduced Associate Planner, Christer Westman who, using slides and exhibits, pointed out a number of areas of proposed development and presented the staff report as follows: this is a combination of several actions and if approved will allow development to occur on the Kelly Family property which has sweeping views of MINUTES /3 4 PLANNING COMMISSION April 7, 1999 Page 16 the Agua Hedionda Lagoon, the Pacific Ocean, and hills and mountains to the east. The property is located in Local Facilities Management Zone 8, which is southwest of El Camino Real, north of Macario Canyon, northeast of the Carlsbad Ranch and LEGOLAND. The site itself is only a portion of Zone 8. Zone 8 is approximately 731 acres and is divided between 3 owners; the Kelly Land Company (433 acres), the Kirgis Family Trust (21 acres), and the City of Carlsbad (277 acres). All of the actions, outside the Zone Plan Amendment, will affect only the Kelly Ranch. There are several legislative actions and quasi judicial actions that are being requested at this time. The legislative actions include a General Plan Amendment, a Zone Change, a Zone Code Amendment, a Local Coastal Program Amendment, a Master Plan Amendment, and a Local Facilities Management Plan Amendment. The existing General Plan Land Use designations for the Kelly Ranch include Travel/Recreation Commercial (T-R), Residential Medium (RM), Residential Medium-High (RMH), and Open Space (OS). The proposed General Plan remains the same for Planning Area A. Planning Area C is reduced to an RLM designation because there is a surrounding single family neighborhood. Planning Area B remains open space. Planning Area E will be designated RM and is currently approved for a 144 family home project being built by Shea Homes. Planning Areas D, G, & H, will change to RMH, and re-defines the boundaries of I and J and changes their designation from RM to RLM. The net effect of the proposed changes is a reduction in total number of residential units allowed per Growth Management and there would be a 0.2 acre increase in Open Space. The entire property is zoned PC (Planned Community). The proposal is to change the zoning for Planning Area “A” to RD-M-Q which is multi-family, and Planning Area “C” to R-l-Q single-family, the existing Shea Home development, Planning Area “E” would change to R-l, Planning Area I and J will change to R-l-Q, and Areas D, G, & H will change to R-3-Q. The existing Kelly family home in that planning are will be R- M (multi-family). Planning Area K will remain as a multi-family designation. The existing designation for Planning Area F is T-R. The amendment proposes a change of land uses to reflect those portions of the Planning Area that are developable, those which are to be preserved as open space and to reduce the overall use intensity of the site. The developable portion of the site is proposed to be changed to Office and Open Space which is a reduction in the intensity of use from Travel Related Commercial and will accommodate the potential future use of the site for a child care center and the Agua Hedionda Lagoon Nature/Visitor Center. The potential child care center would be located within the R-P (Residential-Professional) and the Nature/Visitor Center would be located with the OS designation. There will be corresponding General Plan designations on all. It should be noted that there is a Q overlay on each of the different zoning designations. The intention behind the Q overlay is to require that future development of any of these properties come back through the public review process in order to assess the Site Plan that is being proposed and also the building elevations, density, relationship of buildings to the property, etc. Other legislative actions are the Zone Code Amendment, Local Coastal Program Amendment, Master Plan Amendment, and Local Facilities Management Plan Amendment. The Zone Code Amendment repeals a section of the Planned Community Ordinance which requires a Master Plan to be prepared for the Kelly Ranch and identifies content requirements for such a Master Plan. The Local Coastal Program Amendment changes the zoning and the General Plan designations, consistent with the City designations, reflects the appeal of the aforementioned Section 21.38.160 which is the Zone Code Amendment and modifies language in the Mello II and the Agua Hedionda segments of the Coastal Program, to limit uses in the Open Space zones, establish residential densities consistent with the City’s General Plan, and limit the uses on Planning Area F to child care and the Agua Hedionda Lagoon Foundation Interpretive Center. The Master Plan Amendment is an action to repeal the Kelly Ranch Master Plan, and the Local Facilities Management Plan Update is to coordinate the Local Facilities Management Plan build-out projections with the proposed General Plan designations. The change in the General Plan will actually reduce the total number of units allowed on the site. That reduction in units then has a correlation on the improvements that are required and fees to be paid for the infrastructure that is required for the Local Facilities Management Plan. The quasi-judicial actions involved with this application are a Tract Map, a Hillside Development Permit, a Coastal Development Permit, and a Planned Unit Development Permit. Each of the four actions are interdependent and will, if approved, allow for the subdivision of 174 acres of the Kelly Ranch into 178 lots; 155 single-family, 4 large lots for the future development of multi-family, and the remaining lots will MINUTES /3 7 PLANNING COMMISSION April 7, 1999 Page 17 essentially be open space or recreation lots. Within the single-family Planning Area I, there are proposed lots that are less than 7,500 square feet, thereby the requirement for the Planned Unit Development. Common recreation and recreational vehicle storage will be provided for lots, including the multi-family. This part of the project also includes grading the property into pads, the construction of Cannon Road from the intersection with Faraday Avenue east to Planning Area E which is currently under construction, and the improvement of interior roadways, sidewalks, and trails. The project is subject to the inclusionary housing ordinance. The project applicant has entered into an affordable housing agreement which requires that 132 affordable units be provided within the Kelly Ranch, concurrent with the development of market-rate units. Implementation of that agreement will occur with the review of building proposals for Planning Areas D, G, and H. If the requested land use changes are approved, it is expected that the building proposals will be before this Commission on the May, 19, 1999 agenda. The project was reviewed for environmental impacts consistent with CEQA through and Environmental Impact Report (EIR). Significant, but mitigable, impacts were identified to biology, land form, land use, and noise and cultural resources. On site mitigation for Coastal Sage disturbance is proposed and must be approved by the U. S. Fish and Wildlife Service. Currently the applicant is pursuing a 10(A) permit with the agencies. A IO(A) permit would allow them to disturb the Coastal Sage and would also specify (consistent with the EIR) mitigation that is required in order to engage in that disturbance. The land form and visual resources impacts are identified, because there is great variation in topography. Impacts will be mitigated through implementation of the Hillside Ordinance. Through different grading techniques and the revegetation of slopes, the land form and visual source impacts will be reduced to a level of less than significance. The land use impacts are essentially that the project is proposing land uses that are not consistent with the zoning and the General Plan. By changing both the General Plan and the zoning, the proposed uses become consistent and there are no longer impacts. Noise was identified, for the properties, along Cannon Road. Mitigation includes the construction of sound attenuation walls along Cannon Road. It is proposed that those will be on slope and at the top of slopes so there will not be a visual impact from walls. Regarding cultural resources; there has been one significant archeological site identified on the property. Because there is quite a bit of existing brush, further evaluation of the site for significance could not be conducted. With the removal of onsite brush, an onsite archeologist will be able to monitor and determine if any further data recovery would be appropriate for the site. Corrections, deletions, and/or additions to the errata sheet, dated April 7, 1999, are as follows: 52c. Line 3. - Delete City’s capital improvements north of Macario Canyon Bridge. 520. Line 3. - Replace width with wide Mr. Wayne asked Mr. Wojcik to explain what the changes specifically do in the second reimbursement agreement on page 2 of the errata. Mr. Wojcik replied as follows: There is a finance district being created for Cannon Road. The developer’s obligation for Cannon Road would typically only be for a portion of the roadway. However, because the developer is going to be out there, anyway, the City has entered into an agreement with him that he will build all of Cannon Road and then the City will use the funds from the fee district to reimburse the developer for those portions of Cannon Road that are not his obligation. Regarding El Camino Real, there is a portion of the property that belongs to the Robertsons. From Cannon Road there is 500 feet of true frontage of the Kelly Ranch. Beyond that 500 feet there is a gap up to the Ranch0 Real project (currently under construction). The condition allows the developer (Kelly Ranch) to do the improvements within that gap area. The City then would enter into a reimbursement agreement with the developer stating that when the Robertson Ranch develops, the City would then obtain the reimbursement funds from the Robertsons to pay for the improvements that were done on their frontage property. Assistant City Attorney, Rich Rudolf, asked the applicant if it is understood that prior to the issuance of the Final Map there would be a reimbursement agreement and that agreement would provide that the Kelly Land Company does not get reimbursed for that portion of the work unless and until the Robertson Ranch develops and then provides the source of money for the reimbursement. There is no other source of money except from the Robertson Ranch. MINUTES /38 PLANNING COMMISSION April 7, 1999 Page 18 The applicant replied affirmatively. Commissioner Compas asked why the word “may”, instead of the word “shall”, is used in the discussion of the reimbursement agreement. Mr. Wojcik replied that the reimbursement agreements must be approved by the City Council and staff did not feel it appropriate to obligate the City Council. By using language “may” indicates that City staff is supporting it and will be recommending it to the City Council. Chairperson Heineman asked if staff, in effect, is waiting for the City Council to change the word “may” to the word “shall”. Mr. Wojcik replied affirmatively. Commissioner Compas asked if an action to repeal a Master Plan without replacing it with a new Master Plan has ever been done in the history of Carlsbad. If not, what are the implications for the future if such an appeal is approved. Mr. Wojcik replied that to his knowledge, this has never before been done. As far as a precedent, he does not believe this will have any impact. Mr. Westman stated that it would be extremely difficult to identify future problems with any project. However, staff has reviewed the project with the applicant and although there was a Master Plan for the entire Kelly Ranch property that through the Local Facilities Management Plan requirements, through Tract Map requirements, and through implementing the Planned Unit Development Ordinance, staff is safely satisfied that the requirements that were in the Master Plan are being provided with this project. It is a somewhat unique project in that their development proposal is essentially all coming forward at the same time. Typically a Master Plan will set out the parameters for future development and in this case there is a single property owner who is proposing the development now as opposed to deferring development. Commissioner Compas asked if his understanding is correct that in repealing this Master Plan staff is sufficiently satisfied that the repeal will not cause significant future problems with some other project. Mr. Westman replied that the Commissioner’s understanding is correct and that it also may not cause problems because each property will have it’s own unique circumstances. Mr. Wayne stated that, under normal circumstances, would create a tremendous precedent in that everybody would probably come back asking for conventional zoning. The City does get, through Chapter 21.38, master planning of communities and the things that go along with it are the requirements in that chapter of the Zone Code. Some of the requirements are coordination of trails and open space, improvements to roads that may not necessarily be adjacent to development, etc. In earlier discussions with the applicant, staff said that the City would not be willing to recommend approval of a repeal of the Master Plan unless the developer would guarantee that they would essentially provide all of those things that the City would normally get with a Master Plan. Those things include such things as affordable housing and they have already entered into an affordable housing agreement. They have agreed to deal with some of the off-site improvements such as Park Drive and El Camino Real. If, in the future someone wants to do the same thing it may be acceptable. The important thing is, as Mr. Westman previously stated, that the applicant is coming in with almost all of the development, concurrently. Mr. Rudolf assured the Commission that the City Attorney’s Office is satisfied that the conditions of the recision will give the City everything that was promised in the Master Plan. As for the future when other developers come to the City asking for a recision of their Master Plan and how they will be dealt with, a precedent will be good. The precedent is that the City has done a very good job in getting everything that would have otherwise been in the Master Plan. Commissioner Compas asked if there will be a traffic light where Cannon Road intersects El Camino Real. Mr. Wojcik replied that there will be a traffic light and it is currently under construction. MINUTES 139 PLANNING COMMISSION April 7, 1999 Page 19 Regarding Ranch0 Real, Commissioner Compas asked what the situation will be when it connect to El Camino Real. Mr. Wojcik replied that there will not be a traffic signal and that the subdivision was specifically conditioned for a right-in, right-out only. Basically, deed restrictions were placed on the property to notify any future buyers of that condition. With the approval of this project, the City will be moving forward in notifying Ranch0 Real that their condition to put the median in front of their frontage property is now appropriate and will connect with the median conditioned for the Kelly Ranch project. Commissioner Segall asked what the implications would be, other than a very lengthy delay of the process, if the Commission asked for a Master Plan rather than approve the repeal of the current Master Plan. Staff responded by pointing out that the Commissioner effectively answered his own question in that by not approving the repeal of the Master Plan, it would indeed cause a very lengthy and costly delay. Commissioner Segall asked for clarification regarding which plans will be brought back in May. Mr. Wayne responded by pointing out that the Kelly Ranch is a very large piece of property and not all of the Planning Areas are being proposed for development at this time. Because of that, conventional zoning and matching the zoning with what it should be, makes sense. Commissioner Segall asked Mr. Wayne if he is satisfied that the document before this Commission, at this time, is sufficiently conditioned to protect the City. Mr. Wayne replied that it has been thoroughly reviewed and he is satisfied. Commissioner L’Heureux asked Mr. Westman to explain the Q overlay. Mr. Westman stated that, in practical terms, the Q overlay means that a Site Development Plan is required to be processed and a Site Development Plan is an application that is reviewed by the Planning Commission. The things that a Site Development Plan reviews are the location of buildings, the Site Plan itself, the building design, etc. Other things might- include the design, aesthetics, the placement of the buildings, the height, bulk, and mass of the structures. Commissioner Savary asked how large the Kelly private home property is. Mr. Westman replied that the Kelly’s private home land is 6.3 gross acres. Commissioner Savary asked how that property will be protected from the new development and what the plan is for the future use of the 6.3 acres. Mr. Westman replied that the General Plan designation on it is multi-family. They could eventually request a residential development on that site, consistent with the General Plan density range of 4-8 units per acre with 6 units per acre as the control point. The actual number of units depends upon the actual net acreage that can be developed, and other constraints. Commissioner Segall stated that while reading the documents, he found two different numbers for the total number of dwelling units; one was 963 dwelling units and the other was 971 dwelling units. He asked Mr. Westman to clarify. Mr. Westman replied that the Zone Plan identifies 963 residential units and that is for all of the properties within Zone 8. There are some assumptions associated with those numbers. There is a lesser number for the Kelly Ranch property itself because Kelly Ranch is a portion of Zone 8. The numbers to be looked at are 963 for all of Zone 8 and 909 is a maximum for the Kelly Ranch property itself. Larry Clemens, Hillman Properties, 2011 Palomar Airport Road, Carlsbad, representing the Kelly Land Company, reviewed the history of this property and commented as follows: The existing Master Plan is MINUTES Ho PLANNING COMMISSION April 7, 1999 Page 20 obsolete in that it does not have any growth management provisions and was approved for over 1,600 units. The applicant does not want to construct that many units. The applicant wants to build a development with builders that can construct another fine community taking into consideration the canyons and protected areas that need to be woven into the plan and done correctly. It is expected that over 400 acres of lagoon property will be dedicated to the State of California within the next 2 months. This has been an offer of dedication since the mid 1980s. The upland areas of this project are in the HMP program. One of the most special, and most difficult, things about this project is the creation of the Agua Hedionda Lagoon Nature Center. At I:00 a.m., Thursday, April 8, 1999, one half of the 3,800 square foot Aviara Information Center will be loaded on a truck and taken to Village F where (when both halves have been relocated) it will be reconstructed. Upon completion of the reconstruction, both the land and the building (complete with furniture) will be deeded to the Agua Hedionda Lagoon Foundation for use as a nature center. Affordable housing is a very important component to the City of Carlsbad and a builder has been found that can not only build market-rate apartments but can, seamlessly, integrate affordable apartments. When the apartment project is finished, the only ones who will know which ones are considered “affordable” will be the City and the leasing agent. The applicant agrees with staffs recommendations with one exception; the trail that is being proposed for the south side of Village J. It is staffs intention that the trail fall directly behind Village J in a very steep canyon area. It is the applicants feeling that this is not the absolute right place for that trail. It is estimated that the cost of the trail, in that location, would be approximately $250,000 because of the need for the construction of 1,800 feet of 4 foot to 6 foot retaining walls. Also, if the trail should be built in its proposed location, it will come to a dead- end at the Evans Point project. The Evans Point project, however, is not required to put in a trail but only to dedicate an easement and is currently a private, blocked off area. The applicant, therefore, proposes to move the trail that joins from an easement, moves into the neighborhood and exits into the Veterans Memorial Park. The applicant feels that not only is that a practical solution, in terms of dollars and construction, but it would be in accordance with the direction of the wildlife agencies to stay out of habitat. Also, if the trail is constructed in the currently proposed location, someone will have to accept liability for it. If no one is willing to accept that liability, then the applicant will be obliged to put gates at each end of the trail and call it a private trail. That would only result in no one using the trail. Mr. Clemens further stated that they conceptually approve the condition requiring the fair share fees for the Palomar Airport Road/El Camino Real intersection and that the applicant will participate in the City Council hearings regarding this item. Commissioner Compas asked Mr. Clemens if he has discussed the subject of the trail with the Planning Department and have they agreed to disagree. Mr. Clemens responded affirmatively. Commissioner Compas asked how they intend to proceed if this project is approved. Mr. Clemens replied that as soon as the Coastal Permit is issued (hopefully in August, 1999) will be to start the mass grading for Cannon Road which will probably take about 6 months. Once that is complete, the unit construction will possibly begin in April, 2000 with the first structure built in the Summer of the same year. Commissioner Compas asked if they will start in certain Planning Areas or will they start everywhere at once. Mr. Clemens replied that because it is a mass grading, Village J, I, G, & H would be one large operational grading. Because there will be both multi-family and single-family product types, it is likely they will be started at the same time. Referring to perceived legal problems surrounding apartment construction, Commissioner Compas asked Mr. Clemens to explain why they feel comfortable with building apartments. Mr. Clemens replied that apartments have not been the subject of law suits but rather, condominiums. Apartments have not always been cost effective and, more to the point, have not been allowed by most municipalities. MINUTES /y/ PLANNING COMMISSION April 7, 1999 Page 21 Regarding the specification in the original Master Plan for a Zone 8 school, Commissioner Segall asked Mr. Clemens why there is no such specification in the proposed plan. Mr. Clemens explained that when it was thought that the old Master Plan would be rescinded and the zoning approach would be applied, there were long discussions with the school district. It was found that the old Master Plan provided for 1,600 homes which is far more than are proposed in this project. Also, density in the northwest quadrant of the City has generally decreased while school construction has continued. The result is that the school district decided that it is not necessary to have that Zone 8 school and they shifted the need for a school in Zone 8 to an area on the east side of El Camino Real. The applicant voluntarily (rather than have to pay standard school fees) entered into a mitigation agreement with the school district, in harmony with a Master Plan, approved by the Trustees about a year ago, as to how student compilations would allocated at not only existing schools but at new schools on the near horizon. This mitigation gave the school district the ability to move funds into areas needing public schools, not only for Kelly Ranch but regionally. Referring to the Local Facilities Management Plan regarding schools, Commissioner Segall asked Mr. Clemens where the plan calls for placing all of the students generated from this project. Mr. Clemens replied that according to the Superintendent of Schools, Cheryl Ernst, there are slightly over 200 students generated at build-out of Kelly Ranch. Mr. Clemens further explained that not all of the houses in Kelly Ranch will be occupied simultaneously. During the phase-in period, certain students will be transferred to other schools because of intra-district transfers and other relocation of students that should be going to other schools rather than the Kelly School. There will also be some students transferred to the new Calavera Hills school. Eventually, the Kelly School will be occupied solely by those from the immediate surrounding neighborhood and Kelly Ranch and everyone else will be at new schools on the east side of El Camino Real. For the record, Commissioner Segall stated that at a time when this Commission is about to approve a major development, he is concerned that the City has sufficient schools. He further stated that he understands who makes the decisions regarding schools but does not want a repeat of the overcrowding at Aviara Oaks Elementary School. Commissioner Compas stated that he cannot deal with the trail issue and the suggestions by the applicant, without receiving a lot more information on the subject than has been given, and asked Mr. Clemens if he could or would accept a continuance on this item in order to obtain that information. Mr. Clemens replied that timing is always a problem and timing is of the essence. He explained that if things do not go very sequentially they will not be able to get to the August hearing and Cannon Road will be delayed and not constructed as proposed. Therefore they would encourage the project to continue. Chairperson Heineman opened Public Testimony and offered the invitation to speak. Bob Richards, 4615 Park Drive, Carlsbad, President of the Agua Hedionda Lagoon Foundation, commented on this application as follows: On one hand, the Foundations is a watch dog and on the other hand they are a partner with Kelly, the City, and the Coastal Conservancy. The Foundation does not oppose this project. The project appears to be in conformance with all of the applicable ordinances and policies and will not have a detrimental impact on the lagoon, watershed, and public access. In fact, the Local Coastal Program being processed severely limits the uses permitted in the wetlands compared to the original permit. Approximately 100 acres of wooded slopes will also be protected. This developer has done a first class job in providing siltation protection for the Agua Hedionda Creek and Lagoon. The Foundation has reviewed the responses to their comments of October 15, 1998, on the EIR and have found that they have adequately addressed their concerns. It is recognized that there is a dispute over where the trail will be located but one is required and the Foundation is delighted to see the commitment to a trail on the part of the developer. They look forward to reviewing the elevations when they are presented to this Commission, as they wish to have a visually pleasant project when viewed from the Lagoon. Regarding the Nature Center, the Foundation supports the Local Coastal Program Amendment that will permit the Foundation’s Nature Center to be located in Planning Area F. It is important, since the Foundation is a non-profit organization, that the Nature Center not be located on property that would subject them to property taxes and therefore support the splitting of Planning Area F into 2 parcels, as MINUTES 144 PLANNING COMMISSION April 7, 1999 Page 22 proposed by staff, one as open space for the Foundation and the other recommended by staff. In conclusion, the Foundation urges the Commission to approve this project. Seeing no one else wishing to testify, Chairperson Heineman closed Public Testimony. Regarding the location of the trail, Mr. Westman stated the following: Staffs intention in requiring the trail to be located as proposed, is to follow the intent of the trail plan in the Open Space Conservation and Resource Management Plan. That is to create a trail experience. Staff feels that by requiring the trail to go through a good portion of what is a manufactured slope, along with some natural slopes with vegetation, it would be the best trail experience versus through a residential subdivision on a sidewalk. It is with that intent that staff has conditioned the project to provide the trail in the location proposed versus on the street. Chairperson Heineman asked if Mr. Westman was aware that the proposed trail location would require so much retaining wall. Mr. Westman replied that there is the potential for the requirement for retaining walls. However, there have been no trail designs provided to staff, to date, to show what those retaining walls would be. Staff has talked with the applicant about reducing the width of those trails, given the fact that it is in slopes with the potential of minimizing retaining to the greatest extent possible. Commissioner Segall asked if the trails will be dirt or concrete. Mr. Westman replied that they are natural and no concrete will be used. Commissioner Segall referred to Mr. Clemens’ reference to a sidewalk and asked if that is actually a sidewalk and if so, is it concrete. Mr. Westman replied that it is a public sidewalk and is concrete. Chairperson Heineman asked Mr. Westman if there is any possibility that staff and the applicant might reach an agreement on a modification of the trail. Mr. Westman replied that it would depend upon the flexibility of both parties. Mr. Rudolf interjected with a reference to Resolution No. 4497, Page 8, Condition No. 23 which concludes with . . . and shall construct same trail segments according to the standards described in the Open Space Conservation and Resource Management Plan or as modified to reduce impacts to slopes and biological habitat to the satisfaction of the Planning Director, and stated that this condition should give both parties enough flexibility to have some reasonable compromise sufficient to move forward at this time. If it is not enough flexibility for the applicant, then there will have to be more clarity as to what they wish to propose instead, in order to present the Commission with a real choice. Mr. Clemens stated that even if the trail were to be reduced to a 6 foot width, a three foot high retaining wall would still be required. A narrower trail is not conceivable nor practical. The problem is that it is either going to be expensive retaining walls that are not practical or taking the trail through on a public sidewalk which is more practical and certainly less expensive. Mr. Clemens also stated that he questions how natural the surroundings will be on a manufactured slope. Chairperson Heineman asked Mr. Clemens if he is ruling out any possible negotiation to at least somewhat change the path of the trail. Mr. Clemens replied that he never rules out negotiation. Chairperson Heineman asked Mr. Westman, in view of what Mr. Rudolf found in the conditions, if further negotiations with the applicant are possible. Mr. Westman replied that he believes there is room for negotiation but, as Mr. Clemens pointed out, there are going to be some physical constraints and at some point it will not be possible to negotiate any further. MINUTES ) r’3 PLANNING COMMISSION April 7, 1999 Page 23 Chairperson Heineman stated that it is his assumption, according to Mr. Clemens’ testimony, that because time is so much of the essence, Mr. Clemens’ would not be in favor of continuing this item until the trail matter has been settled. He asked Mr. Clemens if he is correct in that assumption. Mr. Clemens replied that Chairperson Heineman is correct. Mr. Rudolf pointed out that it is not likely that staff would recommend a location for a trail that is inconsistent with or contrary to the recommendations of the EIR. Mr. Westman stated that the EIR acknowledges that there would be impacts to vegetation if the trail did go through the proposed area. It also identifies that if the trail needs to go through in order to satisfy the trail requirement, that the least impacted route be designed and that it also be done in conjunction with the U.S. Fish and Wildlife Service who will be the curators of the impacted Coastal Sage Scrub. ACTION: Motion by Commissioner Compas, and duly seconded, to adopt Planning Commission Resolution No. 4491, recommending certification of Supplemental Environmental Impact Report EIR 98-05, Findings of Fact, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program, and adopt Planning Commission Resolutions No. 4492, 4493, 4543, 4494, 4495, 4496, 4497, 4498, 4499, and 4500, recommending approval of General Plan Amendment GPA 97-07, Zone Change ZC 97-07, Zone Code Amendment ZCA 99-03, Local Coastal Program Amendment LCPA 97-09, Master Plan Amendment MP 174(B), Local Facilities Management Plan Amendment LFMP 87-08(B), Tentative Tract Map CT 97-16, as amended, Hillside Development Permit HDP 97-17, Coastal Development Permit CDP 9743, and Planned Unit Development PUD 99-0, based upon the findings and subject to the conditions contained therein, including the errata sheet dated April 7, 1999, and including a revision to Condition No. 24, Resolution No. 4497 changing . . . into 178 lots, to . . . into 179 lots. Commissioner Compas stated that he cannot change the trail location from the recommended location without considerable further information and suggested that the developer gather and produce more information to present to the City Council. Commissioner Segall concurred with Commissioner Compas. Commissioner Savary also concurred with Commissioner Compas and stated that she feels that there is room for negotiation by both parties, and that should be done before the item goes before the Council. Commissioner L’Heureux concurred with Commissioner Savary. Chairperson Heineman stated that he feels this requires a favorable vote and strongly urged the parties involved to strenuously seek a resolution to the trail problem. VOTE: AYES: NOES: ABSTAIN: 5-o Heineman, Compas, L’Heureux, Savary, Segall None None -- May 11, 1999 TO: CITY COUNCIL PLANNING DEPARTMENT RE: KELLY RANCH Should the Council agree with Staff’s recommendations, staff recommends that the following amendments be made to provide internal consistency between Staff recommendations and Council actions. 1. Exhibits ZC 97-07 and GPA 97-07 shall be revised to establish Planning Area F as Open Space (OS) in its entirety. 2. The first sentence of Condition No. 24 of Planning Commission Resolution No. 4497 shall be revised to refer to 178 lots versus 179 lots. 3. Condition No. 28 of Planning Commission Resolution No. 4497 shall be revised to state that a deed restriction shall be placed on a portion of lot No 162 versus lot No. 179 limiting it’s use to day care. 4. Condition No. 31 of Planning Commission Resolution No. 4497 shall be deleted. I ’ n I NATURE CENTER, APRIL 28,1999 n n PROOF OF PUBLICATION (2010 B 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of North County Times formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudged newspapers of general circulation by the Superior Court of the County of San Diego, State of California, under the dates of June 30, 1989 (Blade-Citizen) and June 21, 1974 (Times- Advocate) case number 171349 (Blade-Citizen) and case number 172171 (The Times-Advocate) for the cities of Escondido, Oceanside, Carlsbad, Solana Beach and the North County Judicial District; that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: April 30, 1999 I certify (or declare) under penalty of perjury that the foregoing is true and correct. sa!! Marcos Dated at California, this 30th day of Ap-jl. 1999 ------__ &--A - ------- --- ----- Signature NORTH COUNTY TIMES Legal Advertising This space is for the County Clerk’s Filing Stamp Proof of Publication of Public hearing -------------------------- NOTICE OF P”Suc HEARING COMPLETE DATE kbnlafy 24.1999 DESCRIPTION: This projti is wifhin the City ol Cadsbadk Caanal Zone lmed sotih 01 Palk Ddve, west of El Camino Rssl and “Odh d Faraday AVenUe in Local FadlIlies ManaQement zone 9 ASSESSOR’S PARCEL NUMBER: 208020-35 &.PPLICPINT: Kelly Land co. 23011 Palcrnal AlrpOrl Pm*, x206. cadsbad. CA92w A public headng cm the above pmposed project will be held by the Cadsbad Cii Camel in the Cumcil Chamben, 12W Cadsbad Wage Owe. C&bad. Calllamla. on May 11, 1999 at 6 W p m Person am mrdialv invked to anend 0% puMic hearing and provide the decision makers with Bnyoral or wi!B” cornmeats they may have regarding the pmiect The pmjed will be described and a Stan remmmendata” give”. lollowed by WC isli- many, qumom and a decision. Coplff of the stall report will be available on or after May 7. 1999. If you have any q”esl,on$ or would lake m U “M d “‘Il.. &,.,rn “I.... rmtrrt r-hd.. wc..tmm 111 *ha hl” A‘ Cadsbad Planning @a”“%“, Monday through Palmas Owe. Cadsbad, Cdfma 92009, (760) 436-1161 e*ension 4446 APPEALS The bme WI” you may ,udaalh/ challenge the Tenlal~ve Subd~won Map, tf ap~rwsd 15 establIshed by Rate law a”&xcW oredinance and IS very shod It you challenge the E”wo”mer& Impact Rep~d F,“d,“gs ol Fact, Stateme”, of Ovemdlng Consdemhons, and M,b~at,o” Montton”~ and Rep~“l”g Pmmm General Pian Amendme”,. Zone Chanoe Zone I Cd Amendment, Local Castal Pmqmm Amedment. Master Plan Amendmenl. Local Facslities Management Plan Amendment. Tentativre Trad Map. Hillside Deveiopmenl Permit. coasta, Develcpnent Pemn an?h:ar Planned Unit Dwelopmenl. in coud, yul may be limttcd to rming only lho~e issues you 0, someone else raised al the ,,“Mic heating dsscnbed in this nOlice or in wine” correspondence delivered to the Clly of Cadsbad City CleMs Olfice, at 0, pdor fo the public hearing. 1 meals to Ihe ClW councr’ u’h*- ‘ho *-,-ml = appealable x) the City Count ,,. ..llrlw x1,0 yIIIaI”I, ,o ii, appeals must be filed in “. A^.._ 4.^. ^ A^^i.,^” L,. \A- wnitno Who” ten ,101 c&n&, w,, a 15, m YSIIDIYII Y, , .I I 1he~hh7 cmmlsslon 2 ccmtl 20 "lrnlSSl0" Appdae Pm,& The ste 15 located wthm Me Coastal Zone @@able Area Where the decmo” IS ap@able 10 the Coasta Cmmssio” appeals must be f,led wlfh the Coastal Ca”m,es,o” vath,” ten (10) workng days alter the coastal cmlmlwo” has remvet a NOllE cd Final Action lm the C,fv cd Carl&ad Awl,ca”ts will be nob lied by the CoaslaiCommissm “i&e date that their appeal period will conclude. The San Diego oRice 01 tk Mad.3 Canmision is lkcatd a1 3111 Camino Del Rio Nom we 200. San o,ego. California 9*1c.Q-1726. CASE FILE EIR 9805W.4 9%07iZC 97-07RCA 94 conCP.49,-09,MP 174(El~l 16MDP 97.171cOP 974YPL __ “_ CASE NAME. KELLY RANCH Legal 63216 April 30, 1999 fW~W,!a(S,CT 97. w KELLY RANCH EIR 98-051GPA 97-07iZC 97-07RCA 99-W ‘MP 174(B)/LFMP 67-06(B)/ 7iCDP 97-431PUD 99-02 LCPA 97-091 CT 97-16lHDP 97-l NOTICE OF PUBLIC HEARING DESCRIPTION: COMPLETE DATE: February 24,1998 Request for certification of an Environmental Impact Report, Findings of Fact, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program and approval of a General Plan Amendment, Zone Change, Zone Code Amendment, Local Coastal Program Amendment, Master Plan Amendment, Local Facilities Management Plan Amendment, Tentative Tract Map, Hillside Development Permit, Coastal Development Permit, and Planned Unit Development within the 433 acre Kelly Ranch. LOCATION: This project is within the City of Carlsbad’s Coastal Zone located south of Park Drive, west of El Camino Real and north of Faraday Avenue in Local Facilities Management Zone 8. ASSESOR’S PARCEL NUMBER: 208-020-35 APPLICANT: Kelly Land Co. 2011 Palomar Airport Road, #206 Carlsbad, CA 92009 A public hearing on the above proposed project will be held by the Carlsbad City Council in the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, on May 11, 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 May 7, 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 500 p.m. at 2075 Las Pahnas Drive, Carlsbad, California 92009, (760) 438-l 161, extension 4448. APPEALS The time within which you may judicially challenge the Tentative Subdivision Map, if approved, is established by state law and/or city ordinance, and is very short. If you challenge the Environmental Impact Report, Findings of Fact, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program, General Plan Amendment, Zone Change, Zone Code Amendment, Local Coastal Program Amendment, Master Plan Amendment, Local Facilities Management Plan Amendment, Tentative Tract Map, Hillside Development Permit, Coastal Development Permit, and/or Planned Unit Development, 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 at, or prior to, the public hearing. 1. Anneals 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: BThis site is located within the Coastal Zone Appealable Area. UI’his 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: EIR 98-05KjPA 97-07/ZC 97-07lZCA 99-03lLCPA 97-09iMP 174(BYLsFMP 87-08@WT 97-l 6lHDP 97-I ’IICDP 97-43/PUD 99-02 CASE NAME: KELLY RANCH PUBLISH: APRIL 30,1999 - . KELLY RANCH a EIR 98905iGPA 97-07lZC 97-07iZCA 99-031 LCPA 97-09/MP 174(B)/LFMP 87=08(B)/ CT 97=16/HDP 97=17/GDP 97=43/PUD 99-02 : - FILE COPY City of Carlsbad NOTICE OF J’JJBJ~C HEARING COMPLETE DATE: February 24,1998 DESCRIPTION: Request for certification of an Environmental Impact Report, Findings of Fact, and Mitigation Monitoring and Reporting Program and approval of a General Plan Amendment, Zone Change, Zone Code Amendment, Local Coastal Program Amendment, Master Plan Amendment, Local Facilities Management Plan Amendment, Carlsbad Tract, Hillside Development Permit, Coastal Development Permit, and Planned Unit Development within the 433 acre Kelly Ranch. LOCATION: This project is within the City of Carlsbad’s Coastal Zone located south of Park Drive, west of El Camino Real and north of Faraday Avenue in Local Facilities Management Zone 8. ASSESSOR’S PARCEL NUMBER: 208-020-35 APPLICANT: Kelly Land Co. 2011 Palomar Airport Road, #206 Carlsbad, CA 92009 , 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 April 7, 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 April 1, 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 Pahnas Drive, Carlsbad, California 92009, (760) 438-l 161, extension 4448. 2075 La Palmas Dr. - Cartsbad, CA 92009-l 576 l (760) 438-l 161 - FAX (760) 438-0894 @ APPEALS The time within which you may judicially challenge this Environmental Impact Report, Findings of Fact, and Mitigation Monitoring and Reporting Program and approval of a General Plan Amendment, Zone Change, Zone Code Amendment, Local Coastal Program Amendment, Master Plan Amendment, Local Facilities Management Plan Amendment, Carlsbad Tract, Hillside Development Permit, Coastal Development Permit, and Planned Unit Development, if approved, is established by state law and/or city ordinance, and is very short. If you challenge the Environmental Impact Report, Findings of Fact, and Mitigation Monitoring and Reporting Program and approval of a General Plan Amendment, Zone Change, Local Coastal Program Amendment, Master Plan Amendment, Local Facilities Management Plan Amendment, Carlsbad Tract, Hillside Development Permit, Coastal Development Permit, and Planned Unit Development 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. peals to the Citv Cod: 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. 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 921081725. CASE FILE: EIR 98-OWGPA 97-07/ZC 97-07/ZCA 99-03/LCPA 97-09/MP 174(B)/LFMP 8(B)/CT 97-l 6&lDP 97-17KDP 97-43/PUD 99-02 CASE NAME: KELLY RANCH PUBLISH: MARCH 25,1999 KELLY RANCH EIR 98005IGPA 97907lZC 97907lZCA 99-031 LCPA 97=09/MP 174(B)/LFMP 87-08(B)/ CT 97-16/HDP 97=17/GDP 97=43/PUD 99-02 - John L & Ann Wood 5238 Milton Rd Carlsbad CA 92008-3852 William C Hornung 2310 Byron Pl Carlsbad CA 92008-3831 Timothy & Kelly Huckaby 5154 Frost Ave Carlsbad CA 92008-3837 -. David & Lori Resetco 5142 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 *** 51 Printed *** Roy E Vartabedian 5242 Milton Rd Carlsbad CA 92008-3852 Jeffrey G Gardner 2314 Byron Pl Carlsbad CA 92008-3831 Robert J Wilson 5150 Frost Ave Carlsbad CA 92008-3837 Curtis S Woolley 5138 Frost Ave Carlsbad CA 92008-3837 Eric & Diana Handoj 5128 Frost Ave Carlsbad CA 92008-3837 Dave S & Kathleen Thoma 5118 Frost Ave Carlsbad CA 92008-3837 Evans Point Homeowners 10721 Treena St 200 San Diego CA 92131-1039 Marjorie Rosenfeld 4793 Flying Cloud Way Carlsbad, CA 92008 Walter E Albright PO Box 1376 Temecula CA 92593-1376 Robert C Nowakowski 5158 Frost Ave Carlsbad CA 92008-3837 John W Schoening 5146 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 10721 Treena St 200 San Diego CA 92131-1039 SAN MARCOS SCHOOL DIST CARLSBAD UNIF SCHOOL DIST 801 PINE AVE -CARLSBAD CA 92008 j ENCINITAS SCHOOL DIST j 101 RANCH0 SANTA FE RD , ENCINITAS CA 92024 1 CIVIC CENTER DR SAN MARCOS CA 92069 I , OLIVENHAIN WATER DIST 1966 OLIVENHAIN RD j ENCINITAS CA 92024 ' LEUCADIA CNTY WATER DIST 1960 LA COSTA AVE CARLSBAD CA 92009 SAN DIEGUITO SCHOOL DIST 701 ENCINITAS BLVD ENCINITAS CA 92024 CITY OF ENCINITAS 505 S VULCAN AVE ENCINITAS CA 92024 CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 : CITY OF SAN MARCOS 1 CIVIC CENTER DR i SAN MARCOS CA 92069-2949 I.P.U.A. CITY OF VISTA PO BOX 1988 VISTA CA 92085 VALLECITOS WATER DIST 788 SAN MARCOS BLVD SAN MARCOS CA 92069 SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 : REGIONAL WATER QUALITY STE B 9771 CLAIREMONT MESA BLVD SAN DIEGO CA 92124-1331 CALIF DEPT OF FISH & GAME STE 50 330 GOLDENSHORE LONG BEACH CA 90802 SANDAG STE 800 401 B STREET SAN DIEGO CA 92101 LAFCO 1600 PACIFIC HWY SAN DIEGO CA 92101 AIR POLLUTION CNTRL DIST ; 9150 CHESAPEAKE DR ; SAN DIEGO CA 92123 SD COUNTY PLANNING STE B j 5201 RUFFIN RD SAN DIEGO CA 92123 U.S. FISH & WILDLIFE 2730 LOKER AVE WEST CARLSBAD CA 92008 CA COASTAL COMMISSION STE 200 3111 CAMINO DEL RIO NO SAN DIEGO CA 92108 TRISH GPAIK 4831 FLYING CLOUD WY CARLSBAD CA 92008 BILL DAUGHERTY 620 CONCORD PL SAN MARCOS CA 92069 I FRED LORENTSEN ' 4866 PARK DR CARLSBAD CA 92008 : MARILYN WINSLOW ' 4896 ALONDRA WY , CARLSBAD CA 92008 HELGE WEISSIG PO BOX 230754 ENCINITAS CA 92023-0754 JENNIFER DAVIDSON 1807 VALENCIA AV / CARLSBAD CA 92008 LISA & JOE MURPHY 4666 PANNONIA RD CARLSBAD CA 92008 LARRY & SALLY CRANE 4819 WINDJAMMER WY CARLSBAD CA 92008 MR & MR DAVID KOLDA ' 4833 FLYING CLOUD WY 1 CARLSBAD CA 92008 DEE KAULBAUCH 4519 COVE DR #2 CARLSBAD CA 92008 CITY OF CARLSBAD CITY OF CARLSBAD CITY OF CARLSBAD PUBLIC WORKS/COMMUNITY PUBLIC WORKS/ENGINEERING MUNICIPAL WATER DISTRICT '-SERVICES DEPT : 4 ;> %,; ” 7 ._ _ ‘- :, ; .+I ? v -4’ . ‘- i = ,.’ I’: ,, 5 ‘- a” ? ., “ ,.. , : _’ _’ .YC , CITY OF CARLSBAD PROJECT PLANNER CHRISTER WESTMAN / _--~~--.-..~- --~- --- -. >: *. :*. I i ;- ;- . . 3 1 T ., / / s a ;;: I ;r ‘. I .?. -< -3.; :+,:. -,: ,. i- ..* ‘. s 5 s ..i Marvin H & Lucia Sippel -1287 Vera Cruz Oceanside CA 92056-5663 Kirgis 4452 Hockaday Dr Dallas TX 75229-2909 _____----- ..-. Craig T & Cheryl Isobe 1545 Faraday Ave Carlsbad CA 92008-7319 Blackmore 12780 High Bluff Dr 160 San Diego CA 92130-2068 -.-...- -..-. Eugene W Mitchell 5237 Milton Rd Carlsbad CA 92008-3853 .--. .- Richard T Bocim 5225 Milton Rd Carlsbad CA 92008-3853 _.~~~~ Richard P Breyer 5213 Milton Rd Carlsbad CA 92008-3853 .---- John J & Liza Lum 5214 Milton Rd Carlsbad CA 92008-3852 -~ -~ -~ --~..--.-. William J Rice 2215 Masters Rd Carlsbad CA 92008-3849 Frank R Vizcarra 2205 Masters Rd Carlsbad CA 92008-3849 Thomas Hageman 2111 Palomar Airport Rd Carlsbad CA 92009-1419 : William F & Lisa Dryer 5249 Milton Rd Carlsbad CA 92008-3853 Moa Inc 5190 Governor Dr 203 San Diego CA 92122-2848 - Steven D & Maria Emery 5221 Milton Rd Carlsbad CA 92008-3853 Gary A & Linda Neff 5209 Milton Rd Carlsbad CA 92008-3853 Antonio F Piracci 5218 Milton Rd Carlsbad CA 92008-3852 Michael T Olaughlin 2211 Masters Rd Carlsbad CA 92008-3849 Yang 5230 Milton Rd Carlsbad CA 92008-3852 Kelly Land Co 2011 Palomar Airport Rd Carlsbad CA 92009-1432 Signal H Blackmore PO Box 424 Ranch0 Santa 92067-0424 C R C Project One L P 475 W Bradley Ave El Cajon CA 92020-1209 Terrell A Oyama 5241 Milton Rd Carlsbad CA 92008-3853 Marscha D Gilles 5229 Milton Rd Carlsbad CA 92008-3853 Jean H Black 5217 Milton Rd Carlsbad CA 92008-3853 Jeffrey W Knowles 5210 Milton Rd Carlsbad CA 92008-3852 Robert D & Yumi Rose 2214 Masters Rd Carlsbad CA 92008-3845 Miyoko Yamauchi 2209 Masters Rd Carlsbad CA 92008-3849 Richard J Vass 5234 Milton Rd Carlsbad CA 92008-3852 Kelly Land Co ‘2011 Palomar Airport Rd Carlsbad CA 92009-1432 C R C Projec i; Kirgis 4452 Hockaday Dr Dallas TX 75229-2909 i Thomas Hageman 2111 Palomar Airport Rd Carlsbad CA 92009-1419 *** 8 Printed *Jr* Occupant Occupant Occupant 5175 El Camino Real 1600 Faraday Ave 5213 Milton Rd Carlsbad CA 92008-3791 Carlsbad CA 92008-7313 Carlsbad CA 92008-3853 Occupant 5209 Milton Rd Carlsbad CA 92008-3853 *** 4 Printed *** -H:iADMINKABELS\LCP INTERESTED PARTIES UPDATED 3-99 OLIVENHAIN M.W.D. 1966 OLIVENHAIN ROAD ENCINITAS CA 92024 CRAIG ADAMS SIERRA CLUB SAN DIEGO CHAPTER 3820 RAY SAN DIEGO CA 92101 LESLIE ESPOSITO 1893 AMELFI DRIVE ENCINITAS CA 92024 LANIKAI LANE PARK SHARP; SPACE 3 6550 PONTO DRIVE CARLSBAD CA 92008 KIM SEIBLY SAN DIEGO GAS 8, ELECTRIC ~ PO BOX 1831 SAN DIEGO CA 92112 PERRY A LAMB 890 MERE POINT ROAD BRUNSWICK MAINE 04011 RICHARD RETECKI COASTAL CONSERVANCY SUITE 1100 1330 BROADWAY OAKLAND CA 94612 DALE/DONNA SCHREIBER 7163 ARGONAURA WAY CARLSBAD CA 92009 @#jgJ$ Tf$j cwf CLmf MAIN LIBRARY BRANCH Lfl@?ARY wA~@f&@/I&TRICT -. CITY OF ENCINITAS COM DEV DEPARTMENT 505 S VULCAN AVE ENCINITAS CA 92024 REGIONAL WATER QUAL. BD EXECUTIVE OFFICER SUITE B 9771 CLAIREMONT MESA BLVD SAN DIEGO CA 92124 GUY MOORE JR 6503 EL CAMINO REAL CARLSBAD CA 92009 ; CYRIL AND MARY GIBSON 12142 ARGYLE DRIVE ; LOS ALAMITOS CA 90702 JOHN LAMB 1446 DEVLIN DRIVE LOS ANGELES CA 90069 - MARY GRIGGS STATE LANDS COMMISSSION SUITE 100 SOUTH 100 HOWE AVE SACRAMENTO CA 95825-8202 SAN DIEGO COUNTY PLANNING & LAND USE DEPT JOAN VOKAC - SUITE B-5 5201 RUFFIN ROAD SAN DIEGO CA 92123 ANTHONY BONS 25709 HILLCREST AVE ESCONDIDO CA 92026 MR/MRS MICHAEL CARDOSA 6491 EL CAMINO REAL CARLSBAD CA 92008 U.S. FISH &WILDLIFE SERVICES 2730 LOKER AVE WEST ’ CARLSBAD CA 92008 TABATA FARMS PO BOX 1338 CARLSBAD CA 92018 KENNETH E SULZER SANDAG - EXEC DIRECTOR IST INT’L PLAZA, SUITE 800 401 B STREET SAN DIEGO CA 92101 JAN SOBEL CHAMBER OF COMMERCE PO BOX 1605 CARLSBAD CA 92008 BILL MCLEAN c/o LAKESHORE GARDENS 7201 AVENIDA ENCINAS CARLSBAD Cfi 92009 SPIERS ENTERPRISES DWIGHT SPIERS SUITE 139 23 CORPORATE PLAZA NEWPORT BEACH CA 92660 SUPERVISOR BILL HORN ATIN: ART DANELL COUNTY OF SD, ROOM 335 1600 PACIFIC HIGHWAY SAN DIEGO CA 92101 LEE ANDERSON CRA PRESIDENT 5200 EL CAMINO REAL CARLSBAD CA 92008 FLOYD ASHBY 416 LA COSTA AVE ENCINITAS CA 92024 IGEORGE BOLTON 16583 BLACKRAIL ROAD CARLSBAD CA 92009 I LABELS - 5 163 LCPA MAILING LIST (GOVERNMENT AGENCIES) APPENDIX A (LIST IS REQUIRED BY COASTAL COMMISSION) DEPARTMENT OF JUSTICE DEPUTY ATTORNEY GENERAL ROOM 700 110 WEST A STREET SANDIEGO CA 92101 PUBLIC UTILITIES COMMISSION 350 MCALLISTER STREET SAN FRANCISCO CA 94 103 BUSINESS, TRANSPORTATION & HSG AGENCY WILLIAM G. BRENNAN DEPUTY SECRETARY AND SPECIAL COUNCIL SUITE 2450 980 NINTH STREET SACRAMENTO CA 95814 DISTRICT 11 CALTRANS TIM VASQUEZ, ENVIRONMENTAL PLANNING 2829 SAN JUAN ST SANDIEGO CA 92138 ; SANDAG (SAN DIEGO COUNTY) , WELLS FARGO PLAZA , SUITE 800 I 401 B STREET : SANDIEGO CA 92101 I I I j OFFICE OF PLANNING AND RESEARCH ; OFFICE OF LOCAL GOVERNMENT AFAIRS 1400 TENTH STREET 1 SACRAMENTO CA 95814 DEPARTMENT OF FOOD AND AGRKXJLTURE STEVE SHAFFER, AGRICULTURE RESOURCES ( ROOM 100 ~ 1220 N STREET SACRAMENTO CA 95814 DEPARTMENT OF TRANSPORTATION ROOM 5504 1120 N STREET i SACRAMENTO CA 95814 RESOURCES AGENCY RM 1311 1416 NINTH STREET SACRAMENTO CA 95812 U. S. FISH AND WILDLIFE SERVICE c SUITE 130 33 10 EL CAMINO AVENUE SACRAMENTO CA 95821 ENERGY RESOURCES, CONSERVATION AND DEVELOPMENT COMMISSION CHUCK NAJARIAN 15 16 NINTH STREET SACRAMENTO CA 95814 MARINE RESOURCES REGION, DR & G ENVIRONMENTAL SERVICES SUPERVISOR 350 GOLDEN SHORE LONG BEACH CA 90802 COASTAL CONSERVANCY SUITE 1100 1330 BROADWAY OAKLAND CA 94612 DEPARTMENT OF FISH AND GAME RONALD D REMPEL, CHIEF ENVIRONMENTAL SERVICES DIVISION RM 1341 1416 NINTH STREET SACRAMENTO CA 95814 DEPARTMENT OF FORESTRY DOUG WICKIZER, ENVIROMENTAL COORD RM 1516-2 1416 NINTH STREET SACRAMENTO CA 95814 SOUTHERN REGION SAN FRANCISCO BAY CONSERVATION JOHN WALSTROM, TECHNICAL SERVICES AND DEVELOPMENT COMMISSION 8885 RIO SAN DIEGO DRIVE BILL TRAVIS SAND DIEGO CA 92108 30 VAN NESS AVENUE SANFRANCISCO CA 95814 STATE LANDS COMMISSION DWIGHT SANDERS SUITE 1005 100 HOWE AVE <\ SACRAMENTO CA 95825-8202 WATER RESOURCES CONTROL BOARD PO BOX 100 SACARAMENTO CA 95801 REGIONAL WATER QUALITY CONTROL BOARD ~ BARRY BRAYER, AWP-8 ’ SUITE B 9771 CLAIREMONT MESA BLVD ; SANDIEGO CA 92124-1331 ._- .- ..____~~ -- - FEDERAL AVIATION ADMINISTRATION WESTERN REGION ; PO BOX 92007 : LOSANGELES CA 90009 DEPARTMENT OF AGRICULTURE ATTN: GARY RESOURCE CONSERVATIONIST SUITE 102 2121-C SECOND STREET DAVIS CA 95616 USDA - RURAL DEVLOPMENT 430 ST DEPT 4169 I DAVIS CA 95616 PACIFIC REGIONAL MANAGER NATIONAL OCEANIC AND ATMOSPHERIC ADMIN - OCRM, 55MC4 N/ORM - 3 1305 EAST-WEST HIGHWAY SILVER SPRING MD 209 10 U.S. ARMY CORPS OF ENGINEERS SUITE 700 333 MARKET STREET SAN FRANCISCO CA 94105 DEPARTMENT OF ENERGY 611 RYAN PLAZA DR STE 400 ARLINGTON TX 7601 l-4005 COUNCIL ON ENVIRONMENTAL QUALITY CHAIRMAN 722 JACKSON PLACE NORTH WEST WASHINGTON DC 2006 DEPARTMENT OF DEFENSE LOS ANGELES DISTRICT ENGINEER PO BOX 2711 LOS ANGELES CA 90053 DEPARTMENT OF DEFENSE ; COMMANDANT, ELEVENTH NAVAL DISTRICT DISTRICT CIVIL ENGINEER SANDIEGO CA 92132 : U. S. BUREAU OF LAND MANAGEMENT DEPARTMENT OF ENERGY * 2135 BUTANO DRIVE CLIFFORD EMMERLING, DIRECTOR SACRAMENTO CA 95825 i SUITE350 901 MARKET STREET ’ SAN FRANCISCO CA 94103 I I I U. S. BUREAU OF RECLAMATION DEPARTMENT OF HOUSING AND URBAN DEVE LOWER COLORADO REGION ~ DUNCAN LENT HOWARD, REGIONAL ADMIN PO BOX 427 / 450 GOLDEN GATE AVENUE BOULDER CITY CO 89005 1 SAN FRANCISCO CA 94102 I - ---- SUPERINTENDENT ; U. S. BUREAU OF RECLAMATION CHANNEL ISLANDS NATIONAL PARK 1 MID-PACIFIC REGION 190 1 SPINNAKER DRIVE ~ 2800 COTTAGE WAY SAN BUENAVENTUR4 CA 93001 SACRAMENTO CA 95825 BUREAU OF INDIAN AFFAIRS RONALD M. JAEGER 2800 COTTAGE WAY SACRAMENTO CA 95825 DOUGLAS WARNOCK, SUPERINTENDENT REDWOOD NATIONAL PARK DRAWERN : 1111 2m STREET I CRESCENT CITY CA 95531 CALIFORNIA COASTAL COMMISSION SUITE 200 3 111 CAMINO DEL RIO NORTH SAN DIEGO CA 92108 (F0r.n A) TO: C1T.Y CLERK’S OFFICE FROM: PLANNING DEPARTMENT AE: PUBLIC HEARING REQUEST Attached are the materials necessary for you to notide -EIR 9&05/GpA g7-07/zC 97-07/ZCA 99-03/LCPA 97-09/Mp 174(B)/LW 87-08(B)/CT 97-lb/ HDP 97-17 for a pub I CDP 97-43/PUD 99-02 - Kelly Ranch ic hearing before the City Council. Please notice the item for the council meeting of May 11, 1999 Thank you. Assistant Clty Man l/8 Page Ad ADril 22, 1999 Date City of Carlsbad May 14,1999 Kelly Land Company 2011 Palomar Airport Road, #206 Carlsbad, CA 92009 TENTATIVE MAP CT 97-16 and EIR 98$IG&fh 97-7&C 971?&CA 99-31LCPA 97991MP-174(B)/ LFMP Z&(B)MDP 97-I 7/CDP 9743/PUD 99-2 98-4 Enclosed for your reference are copies of Catlsbad City Council Agenda Bill No. 15,183, and Resolution 99-162. These documents went before the City Council on May 11, 1999. The ordinances that were introduced at this meeting will be going back before Council on May 18, 1999. If you have questions concerning your project please contact Mr. Christer Westman in the Planning Department, at (760) 438-l 161 extension 4448. Kathleen D. Sho Sr. Office Specialist 1200 Carlsbad Village Drive - Carlsbad, CA 92008-l 989 - (760) 434-2808 @