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HomeMy WebLinkAbout2000-12-12; City Council; 15998; Coastal Commission Modifications For Kelly RanchL, .> . . CITY OF CARLSBAD -AGENDA BILL 9 6 E % . . p 2 A G f 8 AB# /5; 798 TITLE: MTG. 1242- KELLY RANCH LCPA 97-09 CALIFORNIA COASTAL COMMISSION DEPT. PLN SUGGESTED MODIFICATIONS -- I CITY MGR RECOMMENDED ACTION: That the City Council ADOPT Resolution No. 2000 l 377 , APPROVING an amendment to LCPA 97-09 to acknowledge the receipt of and incorporate the California Coastal Commission suggested modifications to LCPA 97-09 which include language and maps in the Agua Hedionda and Mello II segments of the Carlsbad Local Coastal Program and directing staff to initiate formal action including the holding of public hearings necessary to consider the legislative actions and revised development permits consistent with and which satisfy the suggested modifications. ITEM EXPLANATION: The Kelly Ranch Local Coastal Program Amendment (LCPA 97-09) was approved by the City Council in May 1999. Subsequently. the amendment was submitted to and reviewed by the California Coastal Commission (CCC) in July 2000. The CCC approved the City’s requested amendment with modifications. In order for the amendment to become effective, the City must accept the CCC suggested modifications and incorporate them into the appropriate segment of the Local Coastal Program. Adoption of the suggested modifications will have the greatest impact on the Kelly Ranch, however, there will also be implications in areas outside of the Kelly Ranch boundaries within the Agua Hedionda and Mello II segments of the Carlsbad Local Coastal Program. Adoption of the suggested modifications will require a re-design of the Kelly Ranch project which in turn will require subsequent review and approval by the Planning Commission and City Council. A summary of the most significant changes follows. An itemized list of the suggested modifications and the relative impact to Kelly Ranch and/or areas outside of the Kelly Ranch is included as an attachment. Specific to Kelly Ranch: The General Plan designation of Planning Area “A” must change from RMH to RM, effectively reducing the density range from 8-l 5 to 4-8 dwelling units per acre. A minimum 100 foot “buffer” shall be required between Planning Area “A” and delineated wetlands whereas a minimum 50 feet was previously allowed. The extension of a public trail on the south side of Planning Area “A” has been added. Planning Area “A” shall include two view corridors, for views of the lagoon from Park Drive, with a combined width of not less than 200 feet. The General Plan designation of Planning Area “F” must change from Open Space (OS) and OtTice (0) to only OS. Open Space, which includes all of the Habitat Management Plan “hardline open space” plus additional land designated by the California Coastal Commission, will be established and identified on a Kelly Ranch Open Space map. Designation of the aforementioned Open Space allows the development of otherwise coastal- restricted steep slopes with habitat. Designation of the aforementioned Open Space eliminates all residential development within Planning Area “D” and limits the land area available for day care and recreational vehicle storage. A brush management program will be implemented for residential development which effectively establishes a 40 foot structural setback from designated Open Space. I k , * I , * PAGE 2 OF AGENDA BILL NO. Is! 7% l Public vista points will be required in Planning Areas “J” and ‘I”. l Planning Areas “J, K, and L” may not be designed as gated developments. l Scenic public views from Interstate 5, Cannon Road, and Agua Hedionda shall be preserved as determined by the issuance of a Coastal Development Permit. As a result of these changes the Kelly Ranch development project will need to be revised to comply with the new development regulations. Subsequent to the adoption of the suggested modifications, staff will return with amendments to General Plan Amendment GPA 97-07, Zone Code Amendment ZCA 99-03, Carlsbad Tract CT 97-16, Hillside Development Permit HDP 97-17, Coastal Development Permit CDP 97-43, and Site Development Permit 98-04. The applicant for the Kelly Ranch project has indicated acceptance of all of the CCC suggested modifications and is in the process of amending all affected plans for re-submittal to the City. Modifications that pertain to all of Agua Hedionda and/or Mello II including the Kelly Ranch: l Emphasis on the preservation of natural slopes greater than 25% and slopes greater than 25% possessing endangered species and/or coastal sage and chaparral communities. l New projects may not be designed as gated developments which preclude the public from public parking and public access to the lagoon or view points. l Substantial standards regarding National Pollution Discharge Elimination Systems (NPDES). (See Exhibit 4) l Densities in Mello II are based on the underlying Local Coastal Program designation and Chapter 21.86 (Residential Density Bonus or In-Lieu Incentives) of the Carlsbad Municipal Code. l Emphasis on the minimization of paved surface areas in new projects in Kelly Ranch and Macario Canyon. l Allowance of winter grading if summer grading is prohibited by a responsible resource agency. The City is in receipt of a letter from the Coastal Commission Senior Deputy Director (Exhibit 2) indicating that the suggested modifications associated with the Kelly Ranch Local Coastal Program Amendment were developed specifically to reflect the specific topography, biology and other individual characteristics of the Kelly Ranch property. In so doing, the precedent of adopting these development standards may or may not be similarly applicable to another project site within the Coastal Zone in Carlsbad. ENVIRONMENTAL: The program of the California Coastal Commission involving the preparation, approval, and certification of Local Coastal Programs as provided in Sections 30500 through 30522 of the Public Resources Code has been certified by the Secretary for Resources as meeting the requirements of Section 21080.5. Acknowledgement and adoption of the Coastal Commission suggested modifications is exempt from the California Environmental Quality Act and no environmental analysis is necessary. FISCAL IMPACT: Adoption of the suggested modifications will not have a fiscal impact on the City. EXHIBITS: 1. City Council Resolution No. JOOO* 37 7 2. California Coastal Commission letter, dated November 3, 2000 3. Kelly Ranch Planning Area Exhibit 4. Table of Suggested Modifications with Discussion. d 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 RESOLUTION NO. 2000-377 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A LOCAL COASTAL PROGRAM AMENDMENT, TO ACKNOWLEDGE AND ADOPT THE CALIFORNIA COASTAL COMMISSION SUGGESTED MODIFICATIONS FOR LCPA 97-09 AND DIRECTING STAFF TO RETURN WITH THOSE AFFECTED KELLY RANCH DEVELOPMENT PERMITS FOR REVIEW AND CONSIDERATION . CASE NAME: KELLY RANCH CASE NO.: LCPA 97-09(A) follows: The City Council of the City of Carlsbad, California, does hereby resolve as WHEREAS, the Planning Commission did on April 7, 1999, hold a duly noticed public hearing as prescribed by law to consider Local Coastal Program Amendment 97-09 and adopted Planning Commission Resolution No. 4494 recommending to the City Council that it be approved; and WHEREAS, the City Council did on the 11 th day of May, 1999 hold a duly noticed public hearing as prescribed by law to consider an amendment to the Local Coastal Program and acted to approve the amendment; and WHEREAS, the California Coastal Commission did on the 1 Ith day of July, 2000 hold a duly noticed public hearing as prescribed by law to consider an amendment to the Local Coastal Program and acted to certify the amendment with suggested modifications; and WHEREAS, on the 12th day of December, 2000 the Carlsbad City Council formally acknowledged receipt of the Coastal Commission’s resolution of certification, including the suggested modifications. follows: The City Council of the City of Carlsbad, California does hereby resolve as 1. That the above recitations are true and correct. 2. That the suggested modifications will meet the requirements of and conform with the policies of Chapter 3 (commencing with Section 30200) of the California Coastal Act to the extent necessary to achieve the basic state goals specified in Section 30001.5 of the Coastal Act. 3. That the suggested modifications to Local Coastal Program Amendment LCPA 97-09, are approved substantially as shown in Attachment “A”. 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 4. That staff is directed to initiate formal action including the holding of public hearings necessary to consider the legislative actions required to satisfy and implement the suggested modifications to LCPA 97-09. 5. That all of the Kelly Ranch development permits previously approved by the City Council shall be revised as necessary to comply with the applicable segments of the Carlsbad Local Coastal Program as amended and submitted to the City Council for review and re-consideration for approval. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 12th dayof December t 2000, by the following vote, to wit: AYES: Council Members Lewis, Hall, Finnila, Nygaard and Kulchin. NOES: None ABSENT: None ATTEST: (+.&b&$6/-~ LO#RAIPdE M. WOOD, City Clerk (SEAL) . -2- All-ACHMENT “A’ ‘STATE OF tALIF?XNIA -- TH!Z MOURCES AGENCY GRAY DAVIS. Covrmor CiLIFORNIA COASTAL COMMISSION SAN DO333 AREA 7575 METROPO~AN DRIVE, SUITE 103 SAN DIEGO. CA 921084402 (619) 7672370 September 11,200O Mr. Gary Wayne ------ Assistant Planning Director City of Carlsbad ? Planning Department 1635 Faraday Avenue a,; ,( Carlsbad, CA 92008-7314 .-*PLsL- Re: Certification of Major Amendment ##2-99D (Kelly Ranch), : Dear Mr. Wayne: On July 11,200O the California Coastal Commission approved the above referenced Local Coastal Program (LCP) amendment request. In its action, the Commission adopted land use and implementation plan revisions to the Carlsbad LCP. The attached modifications contain the specific changes adopted by the Commission. Before the amendment request can become effectively certified, the Executive Director must determine that implementation of the approved amendment will be consistent with the Commission’s certification order. This is necessary because the amendment was certified with suggested modifications. Jn order for the Executive Director to make this determination, the local government must formally acknowledge receipt of the Commission’s resolution of certification, including any terms or suggested modifications; and take any formal action which is required to satisfy them, such as revisions to land use policies, rezonings or other ordinance or map revisions. As soon as the necessary documentation is received in this office and accepted, the Executive Director will report his/her determination to the Commission at its next regularly scheduled public hearing. If you have any questions about the Commission’s action or this final certification procedure, please contact our office. Thank you and the other staff members who worked on this planning effort. We remain available to assist you and your staff in any way possible to continue the successful implementation of the local coastal program. Sincgjely, ** Sherilyn Sar District Manager cc: Christer Westman J Stephen Smith Christopher Neils (I\TICiERSHARQroups&n DiegoWeportsiLCP’s\l995’\Cds LCPA 2-99D C&Letter) * I ’ Carlsbad LCPA 2-99r-Yelly Ranch) . ’ Certified Suggested Moaifications Page 2 SUGGESTED MODIFICATIONS APPROVED IN LCPA 2-99D (FLY RANCH) AS CERTIFIED BY THE COASTAL COMMISSION ON JULY 11, 2000 A. Agua Hedionda Land Use Plan Revisions 1. Revised Land Use Plan Man - The City shall prepare a revised LCP Land Use Plan map, to replace Exhibit C contained in the certified Agua Hedionda LCP Land Use Plan, which shah incorporate the following changes: a. Revisions to the boundaries of Pfanning Areas A, B, and C as przposed in LCP;J? #2-99D KsIly Ranch; b. The land use designation on Planning Area A shall be revised from the proposed RMH (8-15 dua) to RM (4-8 dua); c. The land use designation on Planning Area B shall be *en Space and the map shah delineate the boundary of Planning Area B to correspond to the area to be dedicated as Wetland Preserve to the Department of Fiih and Game as shown on attached Exhibit 11. d. The land use designation on Planning Area C shall be revised from RMH (8-15 dua) to RLM (O-4 dua) as proposed by the City. 2. Revised Exhibit D - Wetlands - The City shah prepare a revised Exhibit D which shah indicate the boundary of the Wetland Preserve, i.e. Planning Area B and any potential wetlands located on proposed Planning Areas A and C or other locations with the Agua Hedionda Lagoon LUP segment and outside the Wetland Preserve. The map shah contain a note indicating an exact delineation of wetlands within any planning area shah be required prior to filing a coastal development permit application for future development. 3. Permitted Uses in Wetlands/Buffers - Section 30233 shall be added to the text of the certified Agua Hedionda Land Use Plan after Section 30240 on Page 22. Additionaiiy, Policy 3.1 shall be revised to read as follows: 3.1 Kellv Propertv. No development shall occur within the boundaries of the Wetland Preserve except to the extent necessary for resource maintenance and resource management, or as approved by the State Department of Fish and Game. All allowable development within the Wetland Preserve shah be consistent with Section 30233 of the Coastal Act. No development shah occur within wetlands that are outside of the Wetland Preserve except to the extent such development is I Carlsbad LCPA 2-99D ,-,elly Ranch) Certified Suggested Modifications Page 3 consistent with Section 30233 of the Coastal Act. Any wetlands outside of the preserve boundaries shah be delineated as part of the coastal development permit process prior to development approval. a) A buffer strip of at least 100 feet in width shah be maintained in a natural condition around the perimeter of all delineated wetlands to protect the functions and values of wetlands. The width of the buffer may be increased as determined on a case by case basis, in consultation with the State Department of Fish and Game, taking into consideration the type and size of development, the sensitivity of the wetland resources to detrimental edge effects, natural features such as topography, and the functions and values of the wetland, including the need for upland transitional habitat. In no case shall a buffer of less than 100 feet in width be permitted. b) Fencing shall be required near or adjacent to improved pedestrian and vehicuku travelways to prevent uncontrolled access of persons or domestic animals into the wetland or environmentally sensitive areas; and c) No vehicle, pedestrian, or equestrian access shah be permitted within either the wetlands, environmentally sensitive habitat areas, and buffer areas, except for resottrcc management, passi se recreational uses and educational purposes. Access improvements shall be permitted only within the upper half of the required buffer. 4. Landscaninp Requirements. - Add new Section 3.12 to read: Landscaping shall be utilized as a visual buffer and be compatible with the surrounding native vegetation and preserved open space. All development shall be required to identify and implement a landscaping plan that provides for kmllation of plant species that are native or non-invasive and drought tolerant to the maximum extent feasible. Ornamental (non-invasive) vegetation shah be permitted within the interior of residential subdivisions only. 5. Landform Alteration - Policy 4.4 shall be revised to read as follows: 4.4 Recognizing the unique environmental features of the lagoon and its environs and the sensitivity of the area to soil erodibility and sedimentation, development shall be regulated as follows: a. Development on existing subdivided lots having alI of their area in slopes of 25% or greater shall be permitted, but grading shall be limited to minimaI site preparation for pole type footings. Driveway, parking areas shall be Iirnited in size and shall be restricted to an area adjacent to the local streets. On site vegetation shall not be disturbed beyond the minimal area needed to be cleared for the construction process, which shall be clearly delineated on approved site pIans. b. Development, grading and landform alteration of natural steep slope areas (25%) shall be avoided, when feasible. Any unavoidable disturbance shah be minimized to the extent possible. Exceptions may in&de encroachments by roadway and utilities necessary to reach flatter developable areas, when there is no feasible less I ’ Carlsbad LCPA 2-99<?elly Ranch) 1’ Certified Suggested Modifications Page 4 environmentally damaging ahemative. The maximum allowable density shall be calculated on the total lot area, although this may be modified through setbacks, plan review, or other requirements of this plan and applicable city regulations. c. Use of the Planned Development (PD) Ordinance and cluster deve!opment shall be required in areas containing environmentally sensitive resources, extensive steep slope areas and significant natural landform features. 6. Revised Exhibit J - Public Trails - The City shah prepare a revised Exhibit J which extends the public access trail .along the north shore of the lagoon within Planning Area A to connect with Park Drive east of Planning Area A. 7. Public Works/Gated Communities - Policy 5.9 (c) shall be revised to read as follows: c. Dedication of easements and provisions for funding all public improvements required by this plan and other city plans and ordinances, shall be a requirement for new development. Lmnrovements shah include utility extensions, roadways, bicyc!e az,-P pedestrian access io designated vieq%points, and any other pubiic i;zlorovements necessary to accommodate the proposed deveiopment. Pttbiic access traifs ro and along -he Iagoon shall be provided consistent with the Pedestrian Access Plan (Exhibit J) where feasible, in consultation with the Department of Fish and Game. Public access and parking on interior streets shall be required as a condition of coastal development approvaI at the subdivision stage either through a public street system, public access easements or deed restriction. No private gated communities which preclude the general public from parking and accessing public trails along the lagoon shah be permitted. 8. Water Ouality - Add Section 5.10 to read: All new development, substantial rehabilitation, redevelopment or related activity, shall be designed and conducted in compliance with ail appIicable local oniinances including Chapter 15.12 of the Carlsbad Municipal Code Stormwater Management and Discharge Control Ordinance, the Standard Specifications for Public Works Construction when performing public work, and applicable provisions of the NPDES General Permit for S term Water Discharges Associated with Construction Activity issued by the State Water Resources Control Board (State Board Order No. 92-U8-DWQ), and any subsequent amendments, and the San Diego NPDES Municipal Storm Water Permit issued to San Diego County and Cities by the Cahfomia Regional Water Quality Control Board (Regional Board Order No. 90-42) and any amendment, revision or re-issuance thereof. In addition the following shall apply: New development and si,tificant redevelopment of private and publicly owned properties, must incorporate design elements and/or Best Management Practices (BMPs) which will effectively prevent runoff contamination, and minirnize runoff volume from the site in the developed condition, to the greatest extent feasible. At a minimum, the following specific requirements shah be applied to development of type antior intensity listed below: , Carlsbad LCPA 2-99D ,--clly Ranch) Certified Suggested Modifications Page 5 -. Residential Development Development plans for, or which include residentiaI housing deveIopment with greater than 10 housing units shall include a drainage and polluted runoff control plan prepared by a licensed engineer, designed to infiltrate, filter or treat the volume of runoff produced from each and every storm event up to and including the 85* percentile 24-hour runoff event, prior to conveying runoff in excess of this standard to the stormwater conveyance system. The plan shall be reviewed and approved by the consulting soils engineer or engineering geologist to ensure the plan is in conformance with their recommendations. The plan shall be designed in consideration of the following criteria, and approved prior to issuance of a coastal development permit: a. Maxim&e the percentage of permeable surfaces and green space to allow more percolation of runoff into the ground and /or design site with the capacity to convey or store peak runoff from a storm and release it at a sIow rate so as to minimize the peak discharge into storm drams or receiving water bodies; b. Use porous materials for or near walkways and driveways where feasibie; C. Incorporate design elements which will serve to reduce directly connected impervious area where feasible. Options include the use of alternative design features such as concrete grid driveways, and/or pavers for walkways. d. Runoff from driveways, streets and other impervious surfaces shall be collected and directed through a system of vegetated and/or gravel filter strips or other media filter devices, where feasible. Selected filter elements shall be designed to 1) trap sediment, particulates and other solids and 2) remove or mitigate contaminants through infiltration and/or biological uptake. The drainage system shall also be designed to convey and discharge runoff from the building site in a non-erosive manner. e. Selected BMPs shall be engineered and constructed in accordance with the design specifications and guidance contained in the California Stormwater Best Management Practices Handbook (Municipal). f. The plan must include provisions for regular inspection and maintenance of structural BMPs, for the life of the project. Parking Lots Development plans for, or which include parking Iots greater than 5,000 sq.ft. in size and/or with 25 or more parking spaces, susceptible to stormwater shall: a. Incorporate BMPs effective at removing or mitigating potentiaI pollutants of concern such as oil, ,mase, hydrocarbons, heavy metals, and particulates from stormwater leaving the developed site, prior to such runoff entering the 9 Carlsbad LCPA 2-99-‘Kelly Ranch) , , I , Certified Suggested brtidifications Page 6 stormwater conveyance system, or any receiving water body. Options to meet this requirement include the use of vegetative filter strips or other media filter devices, clarifiers, grassy swales or berms, vacuum devices or a combination thereof. Selected BMPs shah be designed to collectiveiy infiltrate, filter or treat the volume of runoff produced from each and every storm event up to and including the 85* percentile 24-hour runoff event. BMPs shall be engineered and constructed in accordance with the guidance and specifications provided in the California Stormwater Best Management Handbooks (Commercial and Industrial). All Development a. A public education program designed to raise the level of awareness of water quality issues around the lagoon including such elements as catch basin stenciling and public awareness signs; b. A landscape management plan ttit includes herbicide@estiride manage.men; Such measures shall be incorporated into project design through a water quality/urban runoff control plan and monitoring program to ensure the discharge from all proposed outlets is consistent with 10~31 and regionaI standards. Such n~zsures sha3 be required as a condition of coastal development permit approval at the subdivision and/or development stage, as appropriate. 9. Public Views - Add the following to Policy 8.3 which addresses regulation of development located between the road and the shoreline: b-d1 e. Any residential subdivision on Planning Area A shall be designed to preserve natural landforms and shall provide a public view corridor at the western property line of sufficient width to preserve the existing view towards the lagoon in that location. At least one additional view corridor shall be provided across the central portion of the site, such that the totai width of at least two view corridors is not less than 200 feet. The public view corridor(s) shall be kept free of all structures and free of landscaping which at maturity would rise above a reasonable viewline from vehicles passing on the public road. The view corridor shall be secured through deed restriction or easement as a condition of subdivision approval. B. Mello II Land Use Plan Revisions 10. Revised Land Use Plan and Zoning Maps - The City shall prepare revised LCP Land Use Plan and Zoning maps, to replace the approved Kelly Ranch Master Plan, for the Mello II LCP segment. The revised maps shall delineate the proposed Planning Areas D through L and the residential laud use designation and zoning assigned to each area as follows: . . - , Carlsbad LCPA 2-99D , ;Ily Ranch) Certified Suggested Modifications Page 7 Planniw Area D E F G H I J K L Land Use De&nation RMH (8-15 dua) RM (4-8 dua) OS (Open Space) RMH (8-15 dua) RMH (8-15 dua) RLM (O-4 dua) RLM (O-4 dua) RM (4-8 dua) RM (4-8 dua) Zoning R-3-Q (Multi-fam.) R-l (One-Family) OS (Open Space) R-3-Q (Multi-fam.) R-3-Q (Multi-fam.) R-l-Q (One-Family) R-l-Q (One-Family) RD-M-Q (kfulti-fam.) RD-M-Q (Multi-fam) 11. Revised Onen Soace Man - The City shall prepare a revised LCP Kelly Ranch Open Space map for the entire Kelly Ranch which shall include Planning Area boundaries and topography and shall delineate the following areas, shown in concept on Exhibit I?. as open space. The exact location of the open space boundary shall be decemined u&zing a recent topographic survey and aerial photography, to be prepared by *he City for review and written approval by the Executive Director, prior to submittal to the City Council. a. Planning Areas B and F in their entirety, as proposed; b. Rcvse the open syact delineation in Planning Area D to extend the southern limit of the proposed open space west to Cannon Road such that alI of Planning Area D northern of the southern limit of the “hardline” is open space (as shown in concept on Exhibit 14); however, this open space delineation may be modified to accommodate daycare facilities and RV parking which meet the following criteria, subject to an approved coastal development pezmit: a) In no case shall the designated open space corridor be less than 800 feet including the desiltation basin on Planning Area E; b) No development shall encroach into jurisdictional wetlands mapped by the ACOE; c) The facilities shalI be located on the least environmentally sensitive portion of the site, and within non-native grassland and/or disturbed agricultural area to the maximum extent possible; and, d) The area utilizecl for these uses shall be the minimum size necessary to satisfy the requirements of the City of Carlsbad Zoning Code. c. Planning Areas H and K, open space boundaries as proposed, d. Revise the open space delineation in Planning Area I to include the proposed access roads; e. Revise the open space delineation in Planning Area J to include the proposed access roads, proposed lots 72,73 and 74 and the north-facing slopes adjacent to those lots. Also, the eastern limit of the open space delineation on the west- facing slopes of Planning Area J shall extend up to the ridgeline and include the slopes greater than 25% grade as shown on the Steep Slope Analysis-Kelly Ranch dated 8-2 l-97 (and shown in concept on Exhibit 15); and, . Carlsbad LCPA Z-99’- ‘Celly Ranch) * Certified Suggested Modifications Page 8 f. The open space delineation on Planning Area L shall include the northern and eastern portion of the planning area including the east and north facing slopes greater than 25% grade, as shown on the Slope .4nalysis -Area L submittedT 9-24-99, the Diegan Coastal Sage Scrub as shown on the Vegetation ,Mapping prepared by Planning Systems attached as Exhibit 21, and the flat, disturbed ridgeline north of the approximate 195 foot contour. This open space is shown in concept on Revised Exhibit 16. 12. New Mello II Land Use Plan Policies 1-l and I-2. The rbllowing piides shaII be added as new Policies l-l and l-2 to the Meilo II hd Use ?ian .regarding allowable land uses and maximum density of development. Policv l-l Allowable Land Uses (Mello Q Allowable uses are those that are consistent with both the General Plan and *e Local Coastal Program. Policv ;- 2 Maximum Den& of Deveiooment Residential densities shah be permitted and based on the underlying LCP Iand use designation. The residential land use designations shall represent the maximum densi;y permitted subject to application of requested der&y bonuses pursuant to Chanter 21.86 of the Carlsbad Municipal Code and the applicable resource protection provisions of the certified LCP. 13. Revisions to Policv 3-5 Kellv Point/Macario Canvon Area -Policy 3-5 of the IkkIla II LUP shall be revised to read as follows: Policy 3-5- KelIv Ranch/Macario Canvon (a) Maximum Densitv of Develooment 1) Residential densities in the 433 acre Kelly Ranch shaIl be permirted and based on the underlying LCP Land Use designation. The residential Iand use designations shall represent the maximum density permitted subject to application of requested density bonuses pursuant to Chapter 21.86 of the Carlsbad Municipal Code and the applicable resource protection provisions of the certified LCP. 2) Approximately 2.8 acres located adjacent to and west of Cannon Road are designated Open Space with an interpretive center for Agua Hedionda Lagoon designated as a allowable use. @I Amiculture. AgriculturaI preservation policies for the 433~acre Kelly have been deleted by LCP amendment of l-85. cc> Preservation of Steen Slooes. Sensitive Vegetation and Erosion Control Any development proposal that affects steep slopes (25% inclination or greater) shall be required to prepare a slope map and analysis for the affected sIopes, The slope . . * ,Carlsbad LCPA 2-99D -.:lly Ranch) ’ Certified Suggested Modifications Page 9 mapping and analysis shall be prepared during CEQA environmental review on a project-by-project basis and shall be required as a condition of a coastal development permit. 1) Areas and Slopes Possessing Endangered Species and/or Coastal Sage Scrub and Chaparral Plant communities: For those slopes possessing endangered plant/animal species and/or coastal sage scrub and chaparral plant communities, the following policy language applies: (a) Coastal sage scrub and chaparral plant communities shail be preserved in their natural state within designated open space areas shown on the LCP Kelly Ranch Open Space map. (b) Restoration of the disturbed areas within the delineated open space shah be required as a condition of subdivision approval and shall be developed in consultation with the Department of Fish and Game. The disturbed areas shah be revegetated and existing vegetation enhanced with native species to serve as upland transitional habitat to Iow-lying wetlands and environmentally sensitive habitat areas north and west of Cannon Road. The restoration and enhancement plan shah include a maintenance and monitoring component to assure long-term productivity and continuance of the habitat value. (c) Upon dedication of a conservation easement or in fee dedication, or upon recordation of offers to dedicate the Kelly Ranch Open Space to the City of Carlsbad or other public entity, development of steep slopes over 25% grade may occur in areas outside the designated open space. Such encroachment shall be approved by the Department of Fish and Game and the U.S Fish and Wildlife Service as consistent with the State and Federal Endangered Species Act. Dedication will assure preservation of a viable upland habitat corridor and scenic hillsides. (d) Slopes and habitat areas within the designated open space shall be placed in a permanent open space conservation easement or dedicated in fee as a condition of subdivision approval. The purpose of the open space easement shall be to reduce the potential for localized erosion and slide hazards, to prohibit the removal of native vegetation except for creating authorized firebreaks and/or planting fire retardant vegetation and to protect visual resources of importance to the entire community. The easement shall be granted to the City of Carlsbad to be maintained and managed as part of the LCP open space system for Kelly Ranch. 2) Drainage and Runoff Rates: Drainage and runoff shall be controlled so as not to exceed at any time the rate associated with the property in its present state, and appropriate measures shah be taken on and/or offsite to prevent siltation of lagoons and other environmentally sensitive areas. 13’ . Carlsbad LCPA 2-99-‘- :eIly Ranch) * Certified Suggested Modifications Page 10 3) Installation Timing of Drainage and Runoff Control Measures: The appropriate measures shall be installed prior to onsite grading. (d) Park Purnoscs (Macario Canvon): Park purposes shah be a permitted use compatible with this land use designation provided that any park construction is subject to the slope preservation provisions of 3-5 C above. (e) Brush Manazement: A fire suppression plan shah be required for ail residential development adjacent to designated open space subject to approval by the City of Carlsbad Fire Department. The fire suppression plan shall incorporate a combination of building materials, sufficient structural setbacks from native vegetation and selective thinning designed to assure safety from fire hazard. protection of native habitat, and landscape screening of the residential structures. 50 portions of bmsh management Zone 1 and 3 as defined in :he City of Carlsbad Landsca;pe Manual shall -occur Zr? Ccsignated open space areas. Zone 3 may be permitted wirlhin iesignated open 3pace upon wrirten approval of the Fire Department and only when native fire retardant planting is permitted to replace high and moderate fuel species required to ‘be removed. (f; Sitiszn’Parking. Due to severe site constraints, innovative sittg and design criteria (including shared use of driveways, clustering, tandem parking, pole construction) shall be incorporated to minimize paved surface area. Dwelling units shall be clustered in the relatively flat portions of the site. > ‘! (g) Roads in Open Snace: Access roads shall be a permitted use within designated open space subject to an approved coastal development permit, only when necessary to access flatter areas and when designed to be the least environmentally damaging feasible alternative. Wildlife corridors shall be required when necessary to facilitate wildlife movement through the open space area. (h) Other Uses in Ooen Suace: The designated open space on Planning Area D may be modified to accommodate daycare facilities and RV parking which meet the following criteria, subject to an approved coastal development permit: 1) In no case shall the designated open space corridor be less than 800 feet including the desiltation basin on Planning Area E; 2) No development shall encroach into jurisdictional wetlands mapped by the ACOE; 3) The facilities shall be located on the least environmentally sensitive portion of the site and within non-native grassland and/or disturbed agricultural area to the maximum extent possible; and, I . Carlsbad LCPA 2-991, +elly Ranch) Certified Suggested Modifications Page 11 4) The area utilized for these uses shall be the minimum size necessary to satisfy the requirements of the City of Carlsbad Zoning Code. 14. Water Oualitv - Add the following as new subsection Policy 3-5 (i): All new development, substantial rehabilitation, redevelopmenr or related activity, shall be designed and conducted in compliance with all applicable local ordinances including Chapter 15.12 of the Carlsbad Municipal Code S tormwater Management and Discharge Control Ordinance, the Standard Specifications for Public Works Construction when performing public work, and applicable provisions of the NPDES General Permit for Storm Water Discharges Associated with Construction Activity issued by the State Water Resources Control Board (State Board Order No. 92-08-DWQ), and any subsequent amendments, and the San Diego NPDES Municipal Storm Water Permit issued to San Diego County and Cities by the California Regional Water Quality Control Board (Regional Board Order No. 90-42) and any amendment, revision or re-issuance thereof. In addition the following shah apply: New development and significant redevelopment of private and publicly owned properties, must incorporate design elements and/or Best Management Practices (BMPs) which wii effective!;~ prove.,, I -* vnoff contamination, and minimize runoff volume from the site ii1 the developed condition, to the greatest extent feasible. At a minimum, the following specific requirements shah be applied to development of type and/or intensity listed below: Residential Development Development plans for, or which include residential housing development with greater than 10 housing units shah include a drainage and polluted runoff control plan prepared by a licensed engineer, designed to infiltrate, filter or treat the volume of runoff produced from each and every storm event up to and including the 85” percentile 24-hour runoff event, prior to conveying runoff in excess of this standard to the stormwater conveyance system. The plan shall be reviewed and approved by the consulting soils engineer or engineering geologist to ensure the plan is in conformance with their recommendations. The plan shall be designed in consideration of the following criteria, and approved prior to issuance of a coastal development permit: a. Maximize the percentage of permeable surfaces and green space to allow more percolation of runoff into the ground and /or design site with the capacity to convey or store peak runoff from a storm and release it at a slow rate so as to minimize the peak discharge into storm drains or receiving water bodies; b. Use porous materials for or near walkways and driveways where feasible; C. Incorporate design elements which will serve to reduce directly connected impervious area where feasible. Options include the use of alternative design features such as concrete grid driveways, and/or pavers for walkways. . , Carlsbad LCPA 2-991 -:elly Ranch) Certified Suggested Modifications Page 12 d. Runoff from driveways, streets and other impervious surfaces shall be collected and directed through a system of vegetated and/or gravel filter strips or other media filter devices, where feasible. Selected filter elements shall be designed to 1) trap sediment, particulates and other solids and 2) remove or mitigate contaminants through infiltration and/or biological uptake. The drainage system shall also be designed to convey and discharge runoff from the building site in a non-erosive manner. e. Selected Bh4Ps shall be engineered and constructed in accordance with the design specifications and guidance contained in the California Stormwater Best Management Practices Handbook (Municipal). f. The plan must include provisions for regular inspection and maintenance of structural BMPs, for the life of the project. Parking Lots Development plans for, or which include parking lots greater than 5,000 sq.ft. in size and/or with 25 or more parking spaces, susceptible to stormwater shall: a. Incorporate BMPs effective at removing or mitigating potential pollutants of concern such as oil, grease, hydrocarbons, heavy metals, and particulates from stormwater leaving the deveIoped site, prior to such runoff entering the stormwater conveyance system, or any receiving water body. Options to meet this requirement include the use of vegetative filter strips or other media filter devices, clarifiers, grassy swales or berms, vacuum devices or a combination thereof. Selected BMPs shall be designed to collectively infiltrate, filter or treat the volume of runoff produced from each and every storm event up to and including the 85* percentile 24-hour runoff event. BMPs shall be engineered and constructed in accordance with the guidance and specifications provided in the California Stormwater Best Management Handbooks (Commercial and Industrial). All Development a. A public education program designed to raise the level of awareness of water quality issues around the lagoon including such elements as catch basin stenciling and public awareness signs; b. A landscape management plan that includes herbicide/pesticide management. Such measures shall be incorporated into project design through a water quality/urban runoff control plan and monittig program to ensure the discharge from all proposed outlets is consistent with local and regional standards. Such measures shall be required as a condition of coastal development permit approval at the subdivision and/or * , . Carlsbad LCPA 2-99D 211~ Ranch) ’ Certified Suggested Modifications Page 13 development stage, as appropriate. 15. Vista Points - Add the following as new subsection Policy 3-5 (j) and develcp a Scenic Resource map indicating the designated vista point(s) within Kelly Ranch: j) Public vista points shall be provided at two locations, one in Planning Area J and the other either entirely within Planning Area L or including portions of Planning Area L and the disturbed high points of adjacent Planning Area D, to provide views of the Pacific Ocean, Agua Hedionda Lagoon and its environs, and shall be accessible to the public at large. Vista points may be located in disturbed open space areas subject to approval by the Department of Fish and Game. Support parking shall be provided and may be located either on-street or off-street within close proximity to the vista point(s). Dedications necessary to provide the vista points and access to the vista points shall be a condition of coastal development permit approval at the subdivision stage. 16. Public Trails - Add the foilowing as new subsection Policy 3-5 (k) of the Mello II land use plan deiineating the approved public trails system for Kelly Ranch: (k) A public trails system that links Agua Hedionda Lagcon, the interpretive center, the street system, open space areas and public vista point(s) shaU be provided in consultation with California Department of Fish and Game. TraiIs provided outside of the public right-of-way shall be dedicated by easement as a condition of subdivision approval. Trail improvements may be a combination of sidewalks within the public right-of-way and, for segments located outside of the public right-of-way, as defined in the Open Space Conservation and Resource Management Plan. Trails shall be installed concurrent with residential development and are indicated on Exhibit 19 (Conceptual Open Space & Conservation Map). 17. Public Streets/Gated Communities - Add the following as new subsection Policy 3-5 (1): (1) The street systems shall provide public access and support parking for the public trail system and vista points in the residential developments located in Planning Areas J, K and L of Kelly Ranch. Public access may be provided through public streets, or private streets with public access easements or deed restriction. Private gated communities shall not be permitted within those planning areas. C. Mello II ImpIementation Plan Revisions 18. Preservation of Steep Slooes. Revise Section 21.203.040(A) of the Coastal Resource Protection Overlay Zone to read as follows: r7 Carlsbad LCPA 2-9s - Kelly Ranch) * Certified Suggested Modifications Page 14 21.203.040 Develoument Standards. The following specific development standards shall be applied to areas within the Coastal Resource Protection Overlay Zone as part of the coastal development permit. Such standards shall control, notwithstanding the provisions of the underlying zone and shall include: A. Preservation of Steen Sloues and Vegetation Any development proposal that affects steep slopes (25% inclination or greater) shall be required to prepare a slope map and analysis for the affected slopes. The slope mapping and analysis shall be prepared during CEQA environmental review on a project-by-project basis and shall be required as a condition of a coastal development permit. 1. Outside the Kelly Ranch property, for those slopes possessing endangered plant/animal species and/or coastal sage scrub and chaparral plant communities, the following poiicy language qpiies: a. Slopes of 25% grade and over shall be preserved in their natural state, unless the application of this poky would preclnde any reasonable use of the property, in which case an encroachment not to exceed 10% of the steep slope area over 25% grade may be permitted. For existing legal parcels, with all or xzAy all of *heir area k slope area over 25% grade, eacmachment may be permitted; however, any such encroachment shall be limited so that at no time is more than 20% of the entire parcel (including areas under 25% slope) permitted to be disturbed from its natural state. This poIicy shall not apply to the construction of roads of the City’s Circulation Element or the development of utility systems. Uses of slopes over 25% may be made in order to provide access to flatter areas if there is no less environmentally damaging alternative available. b. No further subdivisions of Iand or utilization of Planned Unit Developments shall occur on lots that have their totai area in excess of 25% slope unless a Planned Unit Development is proposed which limits grading and development to not more than 10% of the total site area. c. Slopes and areas remaining undisturbed as a result of the hillside review process, shall be placed in a permanent open space easement as a condition of development approval. The purpose of the open space easement shall be to reduce the potential for Iocaiized erosion and slide hazards, to prohibit the removal of native vegetation except for creating firebreaks and/or planting fire retardant vegetation and to protect visual resources of importance to the entire community. 2. Within the Kelly Ranch property, for those dopes possessing endangered plant/animal species and/or coastal sage scrub and chaparral plant communities, the following policy language applies: ( ’ Carlsbad LCPA 2-99L , -,elly Ranch) Certified Suggested Modifications Page 15 a. Coastal sage scrub and southern maritime chapaxraI plant communities shall be preserved in their natural state within designated open space areas shown on the LCP Kelly Ranch Open Space Map and addressed in Policy 3-5 of the certified LCP land use plan. b. The open space shown on the Kelly Ranch Open Space Map shah be secured through conservation easements or dedicated in fee at the time of subdivision approval. The easements shall be granted to the City of Carlsbad or other public entity and maintained and managed as part of the LCP Kelly Ranch Open Space system. c. Restoration of disturbed areas witbin the designated open space through revegetation of disturbed areas and enhancement of existing vegetation with native upland species shall be required, in consultation with the Department of Fish and Game, as a condition of subdivision approval. The restoration and enhancement plan shall include a maintenance and monitoring component to assure long-term productivity of the habitat value. d. Upon dedication of a conservation easement or in fee dedication, or upon recordation of offers to dedicate the Kelly Ranch Open Space to the City of Carisbad or other public entity, development of steep slopes over 25% grade may occur in areas outside the designated open space. Such encroachment shall be approved by the Department of Fish and Game and the U.S Fish and Wildlife Service as consistent with the State and Federal Endangered Species Act. Dedication will assure preservation of a viable upland habitat corridor and scenic hillsides. e. Roads in Onen Soace:’ Access roads shall be a permitted use within designated open space subject to an approved coastal development permit, only when necessary to access flatter areas and when designed to be the least environmentally damaging feasible alternative. Wildlife corridors shall be required when necessary to facilitate wildlife movement through the open space area f. Sitin~JParkinq. Due to severe site constraints, innovative siting and design criteria (including shared use of driveways, clustering, tandem parking, pole construction) shall be incorporated to minimize paved surface area. Dwelling units shall be clustered in the relatively flat portions of the site. g. Brush Management: A fire suppression pIan shall be required for ail residential development adjacent to designated open space subject to approval by the City of Carlsbad Fire Department. The fire suppression plan shah incorporate a combination of building materials, suffkient structural setbacks from native vegetation and selective thinning designed to assure safety from fire hazard, protection of native habitat, and landscape screening of the residential structures. No portions of brush management Zone 1 and 2 as /9 . Carlsbad LCPA 2-95 Kelly Ranch) ’ Certified Suggested Modifications Page 16 defined in the City of Carlsbad Landscape Manual shall occur in designated open space areas. Zone 3 may be permitted within designated open space upon written approval of the Fire Department and only when native fire . retardant planting is permitted to replace high and moderate fuel species required to be removed. 3. For all other slope areas,. . . . . . . . 19. Gradino Season - Revise Section 21.203.040 (B) I) e) as follows: e. All construction activities shall be planned so that grading will occur in units that can be easily completed within the summer construction season. All grading operations shall be limited to April 1 to October 1 of each year. All areas disturbed by grading shall be planted within 60 days of ifitiai disrzbance znd prior to Ocro’ber 1 with :emporary or permanent (in :he case of %ished sicpes) erosicn controi ,Tethc&. The October I grading seascn de2LIise zay be extended with the approval of the Ciry Engineer subjjecr to impiementation by October 1 of erosion control measures designed to prohibit discharge of sediments off-site during and after the grading operation is completed. Extensions beyond November 15 may be allowed in areas of very low risk of impact to sensitive coa;;al resources and may be approved either as part of the ori@inti coastal development permit or as a formal amendment to an existing co&al development permit. Exception. If any of the responsible Resource Agencies prohibit grading operations during the summer grading period in order to protect endangered or rare species or sensitive environmental resources, then grading activities may be allowed during the winter by a coastal development permit or permit amendment. 20. Water Oualitv - Add the following as new Section 21.203.040 (B) 4) j): All new development, substantial rehabilitation, redevelopment or related activity, shall be designed and conducted in compliance with ail appiicable local ordinances including Chapter 15.12 of the Carlsbad Municipal Code Stormwater Management and Discharge Control Ordinance, the Standard Specifications for Public Works Construction when performing public work, and applicable provisions of the NPDES General Permit for Storm Water Discharges Associated with Construction Activity issued by the State Water Resources Control Board (State Board Order No. 92-08-DWQ). and any subsequent amendments, and the San Diego NPDES Municipal Storm Water Permit issued to San Diego County and Cities by the California Regional Water Quality Control Board (Regional Board Order No. 90-42) and any amendment, revision or re-issuance thereof. In addition the following shall apply to development within Kelly Ranch: 1 , ‘Carlsbad LCPA 2-99D ,,Lelly Ranch) Certified Suggested Modifications Page 17 New development and si,gnificant redevelopment of private and publiciy owned properties, must incorporate design elements and/or Best Management Practices (BMPs) which will effectively prevent runoff contamination, and minimize runoff volume from the site in the developed condition, to the greatest extent feasible. At a minimum, the following specific requirements shah be applied to development of type and/or intensity listed below: Residential Development Development plans for, or which include residential housing development with greater than 10 housing units shall include a drainage and polluted runoff control plan prepared by a licensed engineer, designed to infiltrate, filter or treat the volume of runoff produced from each and every storm event up to and including the 85* percentile 24401~ runoff event, prior to conveying runoff in excess of this standard to the stormwater conveyance system. The plan shah be reviewed and approved by the consulting soiis engineer or engineering geologist to ensure the plan is in conformance with their recommendations. The plan shall be designed in consideration of the following criteria, and approved prior to issuance of a coastal development permit: a. Maximize the percentage of permeable surfaces and green space to allow more percolation of runoff into the ground and /or design site with the capacity to convey or store peak runoff from a storm and release it at a slow rate so as to minimize the peak discharge into storm drams or receiving water bodies; b. Use porous materials for or near walkways and driveways where feasible; C. Incorporate design elements which will serve to reduce directly connected impervious area where feasible. Options include the use of alternative design features such as concrete grid driveways, and/or pavers for walkways. d. Runoff from driveways, streets and other impervious surfaces shah be collected and directed through a system of vegetated and/or gravel filter strips or other media filter devices, where feasible. Selected ftiter elements shall be designed to 1) trap sediment, particulates and other solids and 2) remove or mitigate contaminants through infiltration and/or biological uptake. The drainage system shall also be designed to convey and discharge runoff from the building site in a non-erosive mannti. e. Selected BMPs shall be engineered and constructed in accordance with the design specifications and guidance contained in the California Stormwater Best Management Practices Handbook (Municipal). f. The plan must include provisions for regular inspection and maintenance of structural BMPs, for the life of the project. . Carlsbad LCPA 2-9! - .Kelly Ranch) . Certified Suggested Modifications Page 18 Parking Lots Development plans for, or which include parking lots greater than 5,000 sqft. in size and/or with 25 or more parking spaces, susceptible to stormwater shah: a. Incorporate BMPs effective at removing or mitigating potential pollutants of concern such as oil, grease, hydrocarbons, heavy metals, and particulates from stormwater leaving the developed site, prior to such runoff entering the stormwater conveyance system, or any receiving water body. Options to meet this requirement include the use of vegetative filter strips or other media fiiter devices, clarifks, grassy swales or berms, vacuum devices or a combination thereof. Selected Bh4Ps shall be designed to collectively infiltrate, filter or treat the volume of runoff produced from each and every storm event up to and including the 85* percentile 24-hour runoff event. BMPs shah be engineered and cons-acted in accordaxe with l &e guidance and specifkations provided in the California Stormwater Best &nagement Handbooks ~Commercial and Industrial). All Development a. -4 public education program dtigned to raise the level of awareness oi rw ator quality issues around the lagoon including such elements as catch basin stenciling and public awareness signs; b. A landscape management plan that includes herbicicle/pesticicle management. Such measures shall be incorporated into project design through a water quality/urban runoff control plan and monitoring program to ensure the discharge from ail proposed outlets is consistent with local and regional standards. Such measures shall be required as a condition of coastal development permit approvaI at the subdivision stage. 21. Scenic Preservation - Add the following as new Section 21203.040 (G): G. Within the Kelly Ranch, scenic public views from Interstate 5, Cannon Road and Agua Hedionda Lagoon shall be preserved, as feasible, through the following measures: a. Landscaping and Setbacks: Use of trees or fire retardant vegetation with substantial height as a Iandscape screen and/or setbacks from the ridgelines and open space areas; b. Building Colors: Exterior wall and roof colors shall be of Iow intensity earth or vegetative tpnes. Stucco with accent mater& such as tile, natural stone, or other compatible naturaI building materials shah be preferred. Roof colors shall be low intensity colors which blend with the environmental . . Carlsbad LCPA 2-99D (,4ly Ranch) Certified Suggested Modifications Page 19 setting of the project; c. Residential Building Height: Maximum height limits and variation in roof heights shall be utilized, as necessary, to minimize visibiiity of structures from scenic public roadways, public vista points and public trails. 22. Landscauine Reouirements - Add the following as new Section 21.203.040 (H): H. Within the Kelly Ranch, landscaping shah be utilized as a visual buffer and be compatible with the surrounding native vegetation and preserved open space by incorporation of the following measures: a. All residential development shah be required to identify and impiement a landscaping plan that provides for installation of piant species that are native or non-invasive and drought tolerant to the maximum extent feasible. Ornamental (non-invasive) vegetation shall be petitted in the interior of residential subdivisions only; b. Approved !andscaping shall be installed {mediately upon completion of construction and maintained by the property owners in good growkrg condition for tk Zfe of the development; c. Landscape screening of structures, including specimen trees and tie retardant vegetation of substantial height, shall be required to screen and soften the view of structures from I-5, Cannon Road, Agua Hedionda Lagoon, public trails and public vista points; d. The landscape treatment shah cause the development to blend in with the natural setting and present a visually cohesive appearance as viewed from Agua Hedionda Lagoon, Cannon Road and Interstate 5. (GXan DiegoReptsWSU99!XarMSPA 2-99DcarLttu.dac) Open Space Recommendation Area D -NOTE- The informxion de$ced an this mm is Area Recommended as Open Space subjes zo revision. X0 x3ie. Lou&s art approxirmsre. For ihszmive purposes on&. Source: Steep Slope Anaiyis - KAly Rz.nch, S-31-97 Coastal Commission Serh2s Unit Exhibit No. 14 Carlsbad LCPA 2-99D 24 <l-i ~$~‘-.~.~ ^. _ i . .Y -_ .-.=s ‘i 1,: .+.-; :- ..-. . 6.. 5 1. .Y . . > 5. i- . . . -.. _ .m.::..; I-. .-.- _ a-. __ : i I -.:.I yy:- ‘-;*.-?I. I . .z. ! !? i3 I -;;. i.- :L.r $I - -i -7; !. .\ : Ii _ ::. r .- i _. __ :: 3 .:. _- ... :: . : :,: :: .i i i- g :.‘I .-- :: -- *! .-- ;:. .._ .:. !E L1 ..- ; x !’ 2 / j -:. / > . . 7 ‘] .; : -=- I 12’ Gi i. i ifr. f ii; j . . . f;; $ i:* 3 --‘- i?f I :,t t .a’; - I%> f ;; ii;: ; .I,’ ~ ,; 4r‘j’ .;. ‘-5 _’ : ‘3 : y.;- -s . -._ - -_ L /jj 1 . ,;f ‘- _ .-- ._. ..:iy. I . - I -_ .t i’ ,y;ig$ I I ,’ - -. - _i -.. ., j -ii i e:,..: Open Qace Recomme-Zdation Area J r’f ,tiez Rtcomended as Open Spat: Sauce: Stee? Slope Anaiysis - Kei!y X3IlCb 5-31-97 California Coastal COMMiSSiOf? Technical Services Unit -XC-t-E- The ~hfimadan iiqimti 3n ttri.5 m3p is subjec: -X2 rwtSt0r1. Yo she. L.n=mom arr appm.xir==. For iilmae purposes cniy. Exhibit No. 15 Carlsbad LCPA: 2-99D & kaJ0 . /- i Open bpace Recommendation Area L e3 Area Recommended as Open Space Source: Slope huiysis - Area L. g-24-99 m allillL California Coastal Commission Technicai Services ijnit -?u’o-l-E - The inf0nTmion de?iced on &is nap is SubjeC to revision. No suie. Loudo~ are approximate. For iihstive purposes snly. Revised Exhibit No. 16 Carlsbad LCP,A, ‘2=99D, KLH 07-i&d i 24 ‘a-, 7 s 0 -L : 5 0 s - I 0 G Z 0 - ‘a 0 G 0 0 z n W 3Nll Allf3dOkid H3NVtl A773Y I 04 r * 0 -g m-0 -c CL0 * o= t EZO 02 I- a rza COZ I”.BZ ‘pzk w;m; 6-a Z ‘G$& 1 CP’L 10-5 =* Oh.6 E o= b- .E Et:: PL Eg jcr;s, by digitzi giaimizr, 32 by ?!aiir;q ‘ma ,pninYl d&atfwl *cm 0 c s s DIEGAN CCASTAL SAGE sc3uz 1.02 NN A G NCN-:VATi’JE ANNUAL G~ASSILIND 3.89 30 EAE D IEYi 0 10 .“e FA ,=AVC,3 FiCACi 0.36 TCT& Ex$lEli 4 VEGETATION MAPPING AREAL- KELLY RANCE CXTILS%D, CAL!FSENIX I;npadS i !d~@tkn Fn2qi-Gm - ?isnniq ,+: ‘, ;,I Kg+/ Fs~.l~l - , EXHIBIT i, JWVWU?U.&snPrvAQCUn CALIFORNIA CcmSTAL COMMISSDN wowomA 7sm4cmommM~* to) JWWCI, 911w we nwm Novaebor3,2wo Mr: Michd Holzndller PhnBiag DW city of Cul@bui 1635 Fwday AVCIIUC culsw, CA 92m8”73 I4 Re: Cltiflcrrian Repding Culsbd LCP Amendment 0 2-991) Kelly Ranch DC& Mr. HchInilkr: I In mapon- tn 8 wfac~ rcquut by Cbrirtoptrcr N’eilr wbe mpmeata ~411~ Land Co@my, this km is intded to clulfy the act&n t&t by thr Cdlfomh Cos~trl Commi~ion fqvum# the 8bovc rcfhnccd LCP aIfmdmm far t&e Kelly R&n& pqath. As you know, en July II, 2000, the Commiuton rftffowd th8 IACJ Cowl Rogram WI’) anmdment mqwa with ruggem! modi%& oB8. onscptcmbut1, 2000. the DMritt Mtknrg~ of tbc SUI Di&p odnce wrote to t&e A&tam Planning Ditector of Chc City of CuiAd ngwdin$ th6 ~aod for &IS City, as local gtnwnmcnt, IO IMr~rlly ack~owldgt and take actton regardiq the auggmed modificationr, whkh were rtrnchcd to the letter, in o&x for the LCP amadnent to bane efktively y’kd* In Aetertnidng it8 heommcndation to the Ccwtal Commirioa fe@ing such ruggeuted maditlclltiocls. the G~!@lrion strlf W&B fully aware of the unique circumrtsncsr of the Kelly R@nch site, the prior mlew by the twowce r@ncics (USFWS Ed CDFG), md past Commirrion action on the prqwty In its rccommetuladon, tbo Etaff rccognized t.b Consul Comtnisslo~ hd jxwlou~ly wed the lwly I&I& Muter Play u part of the CCftifbd CUfJbtJd h’fdhl n l.t!P JC@tfWlt, m wtll U Eootd dCW@ZBMt pttit #&6& 617 for rubdivinion ad cofutnuxlon of portionr of the nwt8z phnncd development. In applying !Iteb policia of ths ConW Act to the Kslly Ruich site. the NllR cofuIdend tb8 dtc QICC~!~C ctuuac~sucs of that partioulnr property. Aa (I -It, ud in light of all there face, the suggwed modl&ationr were dsrlpned to t~tlect the specific topomphy, biokgy ud other lndividurl charaotorfsti~ of Um Kelly Ranch tite md the pioposcd dcvefapmsat, which may or may not be ~imilwly appkbl~ to another project site in C&bad. For My &velopmcBt pmpcsai tubmitred to the coutnl cbmlfds8icB fof reticw Md approval, the staff uld the Conuuisslon wnaidcr tk churctsriotk of the rpecifk dto and the proposed development. Th6 specific rpplicdon ofbpsrr) Aa poficks to a prqject locudon other than the Kelly R8nch cite, wbwhw irr C&bad or elrewham, will depend upon the topography, biology rad other physiclt cbancterirtics of thu individwl site as well M tb proposed development plan. Mr. Michael Holzmllbr No~embr 3,ZOOO p-2 Please feel free to cdl If you have any !&her questions, We ramin wdablr to auia you and your staff in my wny podbla twud ~~e~.~ful i~~plermntation of the City’3 Locrrlcoa6talRo~. cc Lawy Clemens CMnophw Ndla 31 - EXHIBll c // r L ‘> L- D ! / ,L-. ‘\ i ci ’ -\ i --B-w--! / i / ./ ,’ H --: t I ““““““~~~11~1:)11)11111111o(1111~l,,,,,,,,,,,,,,,,,,,,, A\ j&k+ t N \ilU / LEGEND I . 1~1fl11* Property Line Boundary : ’ I ,f .-4.. -*\ \ l * I / l . .--- ‘Zone 8 Boundary I \ts L -0-.* - - - Planning Area Boundary \ /’ =-,,J’ A Planning Area SOURCE: Proiect Design Consultants 3 . KELLY RANCH COASTAL COMMISSION ACTION SUGGESTED MODIFICATIONS REVtSED WORDING tMPACTS IMPACT A. Agua Hedionda Land Use Plan Revisions KELLY RANCH BEYOND KELLY ONLY? RANCH? 1. Revised Land Use Plan Map - The City shall prepare a revised LCP Land Use Plan map, to replace Exhibit C contained in the certified Agua Hedionda LCP Land Use Plan, which shall incorporate the following changes: a. Revisions to the boundaries of Planning Areas A, B, and C Specific to Kelly Requires a as proposed in LCPA #2-99D Kelly Ranch; Ranch Areas A, General Plan B and C. Amendment for b. The land use designation on Planning Area A shall be Planning Area A revised from the proposed RMH (8-l 5 dua) to RM (4-8 dua); RMH to RM. C. The land use designation on Planning Area B shall be Open Space and the map shall delineate the boundary of Planning Area B to correspond to the area to be dedicated as Wetland Preserve to the Department of Fish and Game as shown on attached Exhibit 11; d. The land use designation on Planning Area C shall be revised from RMH (8-15 dua) to RLM (O-4 dua) as proposed by the City. 2. Revised Exhibit D - Wetlands - The City shall prepare a revised Specific to Kelly Exhibit D which shall indicate the boundary of the Wetland Preserve, i.e. Ranch Areas A, Planning Area B and any potential wetlands located on proposed Planning B and C. Areas A and C or other locations with the Agua Hedionda Lagoon LUP segment and outside the Wetland Preserve (sic). The map shall contain a note indicating an exact delineation of wetlands within any planning area shall be required prior to filing a coastal development permit application for future development. 3. Permitted Uses in Wetlands/Buffers - Section 30233 shall be added to the text of the certified Agua Hedionda Land Use Plan after Section 30240 on Page 22. 30233 restrictions on uses within wetlands applied to all of Agua Additionally, Policy 3.1 shall be revised to read as follows: Hedionda LCP. These restrictions 3.1 Kelly Propertv No uses development shall occur within the boundaries of the wwetland Preserve y Specific to Kelly already apply per . . Ranch Agua the Coastal Act. . . . F except to the extent thncn necessary for Hedionda resource maintenance and resource management, w wetlands. M z except as approved by the State Department of Fish and Game. All allowable development within the Wetland Preserve shall be consistent with Section 30233 of the Coastal Act. No development shall occur within wetlands that are outside of the Wetland Preserve except to the extent such development is consistent with Section 30233 of the Coastal Act. Any wetlands outside of the preserve boundaries shall be delineated as part of the coastal development permit process prior to development approval. a)A buffer strip of at least 100 feet in width shall be maintained in a natural condition around the perimeter of all delineated wetlands w . . a to protect the functions and values of wetlands. The width of the buffer may be increased as determined on a case by case basis, unless in consultation with the State Department of Fish and Game, takinn into consideration the tvpe and size of development. the sensitivitv of the wetland resources to detrimental edge effects, natural features such as topography, and the functions and values of the wetland, including the need for upland transitional habitat. 1 . . F In no case shall a buffer of less than 100 feet in width be permitted. b)Fencing shall be required near or adjacent to improved pedestrian and vehicular travelways to prevent uncontrolled access of persons or domestic animals into the wetland or environmentally sensitive areas; and c) No vehicle, pedestrian, or equestrian access shall be permitted within either the wetlands, environmentally sensitive habitat areas, or and buffer areas, except for resource management, passive recreational uses and educational purposes. Access improvements shall be permitted only within the upper half of the required buffer. 3.1.2 Landscaping Requirements landscaping shall be utilized as a visual buffer and be compatible with the surrounding native vegetation and preserved open space. All development shall be required to identify and implement a landscape plan that provides for the installation of plant species that are native or non-invasive and droupht tolerant to the maximum extent feasible. Ornamental (non-invasive) vegetation shall be permitted within the interior of residential subdivisions only; 4. Landscaping Requirements - Add new Section 3.12 to read: Landscaping shall be utilized as a visual buffer and be compatible with the surrounding native vegetation and preserved open space. All development shall be required to identify and implement a landscaping plan that provides for installation of plant species that are native or non-invasive and drounht tolerant to the maximum extent feasible. Ornamental (non-invasive) vegetation shall be permitted within the interior of residential subdivisions only. 5. Landform Alteration - Policy 4.4 shall be revised to read as follows: 4.4 Recognizing the unique environmental features of the lagoon and its environs and the sensitivity of the area to soil erodibility and sedimentation, development shall be regulated as follows: a. Development on existing subdivided lots having all of their Specific to Kelly Ranch wetlands buffer in Agua Hedionda LCP Specific to Kelly Ranch in Agua Hedionda LCP Specific to Kelly Ranch in Agua Hedionda LCP Specific to Kelly Ranch in Agua Hedionda LCP Affects all of 4gua Hedionda LCP. Landscape olans to be ?eviewed on a :ase-by-case oasis. area in slopes of 25% or greater shall be permitted, but grading shall be limited to minimal site preparation for pole type footings. Driveway, parking areas shall be limited in size and shall be restricted to an area adjacent to the local streets. On site vegetation shall not be disturbed beyond the minimal area needed to be cleared for the construction process, which shall be clearly delineated on approved site plans. b. Development, grading and landform alteration iR of natural steep slope areas (25%) shall be fe&i&ed avoided, when feasible. Any unavoidable disturbance shall be minimized to the extent possible. Exceptions may include encroachments by roadway and utilities necessary to reach flatter developable areas, when there is no feasible less environmentally damaging alternative. The maximum allowable density shall be calculated on the total lot area, although this may be modified through setbacks, plan review, or other requirements of this plan and applicable city regulations. C. Use of the Planned Development (PD) Ordinance and cluster development shall be required in areas containing environmentally sensitive resources, extensive steep slope areas and significant natural landform features. 6. Revised Exhibit J - Public Trails - The City shall prepare a revised Exhibit J which extends the public access trail along the north shore of the lagoon within Planning Area-A to connect with Pa&Drive east of Planning Area A. 7. Public Works/Gated Communities - Policy 5.9 (c) shall be revised to read as follows: C. Dedication of easements and provisions for funding all public improvements required by this plan and other city plans and ordinances, shall be a requirement for new development. Improvements shall include utility extensions, roadways, bicycle and pedestrian access to designated viewpoints, and any other public improvements necessary to accommodate the proposed development. Public access trails to and along the lagoon shall be provided consistent with the Pedestrian Access Plan (Exhibit J) where feasible, in consultation with the Department of Fish and Game. Public access, and parking on interior streets shall be required as a condition of coastal development approval at the subdivision staQe either through a public street system, public access easements or deed restriction. No private gated communities which preclude the general public from parking and accessing public trails along the lagoon shall be permitted. 8. Water Quality - Add Section 5.10 to read: All new development, substantial rehabilitation, redevelopment or related activity, shall be designed and conducted in compliance with all applicable local ordinances including Chapter 15.12 of the Carlsbad Municipal Code Stormwater Management and Discharge Control Ordinance, the Standard Specifications for Public Works Construction when performing public work, and applicable provisions of the NPDES General Permit for Storm Water Discharges Associated with Construction Activity issued by the State Water Resources Control Board (State Board Order No. 92-08-DWQ), and any Affects Kelly Ranch Areas A and C. Specific to Kelly Ranch Area A only. Affects Kelly Ranch Areas A and C. Requires NPDES permits for development proposals on Kelly Ranch Areas A and C. Emphasizes avoidance of steep natural slopes. Affects all of Agua Hedionda LCP. New wording strongly discourages gated communities within Agua Hedionda LCP segment. Requires NPDES permits for new development activities within Agua Hedionda LCP segment. Consistent with existing City subsequent amendments, and the San Diego NPDES Municipal Storm Water Permit issued to San Diego County and Cities by the California Regional Water Quality Control Board (Regional Board Order No. 90-42) and any amendment, revision or re-issuance thereof. In addition the following shall apply: New development and significant redevelopment of private and publicly owned properties, must incorporate design elements and/or Best Management Practices (BMPs) which will effectively prevent runoff contamination, and minimize runoff volume from the site in the developed condition, to the greatest extent feasible. At a minimum, the following specific requirements shall be applied to development of type and/or intensity listed below: Residential Development Development plans for, or which include residential housing development with greater than 10 housing units shall include a drainage and polluted runoff control plan prepared by a licensed engineer, designed to infiltrate, filter or treat the volume of runoff produced from each and every storm event up to and including the 85th percentile 24-hour runoff event, prior to conveying runoff in excess of this standard to the stormwater conveyance system. The plan shall be reviewed and approved by the consulting soils engineer or engineering geologist to ensure the plan is in conformance with their recommendations. The plan shall be designed in consideration of the following criteria, and approved prior to issuance of a coastal development permit: a. b. C. d 2 Maximize the percentage of permeable surfaces and green space to allow more percolation of runoff into the around and /or design site with the capacity to convey or store peak runoff from a storm and release it at a slow rate so as to minimize the peak discharge into storm drains or receiving water bodies; Use porous materials for or near walkways and driveways where feasible; Incorporate design elements which will serve to reduce directly connected impervious area where feasible. Options include the use of alternative design features such as concrete grid driveways, and/or pavers for walkways. 1 Runoff from driveways, streets and other impervious surfaces shall be collected and directed through a system of vepetated and/or gravel filter strips or other media devices, where feasible. Selected filter elements shall be designed to I) trap sediment, particulates and other solids and 2) remove or mitigate contaminates through infiltration and/or biological uptake. The drainage system shall also be designed to convey and discharge runoff from the building site in a non-erosive manner. e 2 Selected BMPs shall be engineered and constructed in accordance Kelly Ranch Areas A and C. Kelly Ranch Areas A and C. policy. Requires BMP’s on all new development activities within Agua Hedionda LCP segment. Sophisticated runoff control devices required for new residential subdivisions of 10 units or more within Agua Hedionda LCP. Will affect subdivision drainage design. with the desiqn specifications and quidance contained in the California Stormwater Best Manaqement Practices Handbook IMunicipal). f .A The plan must include provisions for reqular inspection and maintenance of structural BMPs, for the life of the project. Parkinq Lots Development plans for, or which include parkinq lots greater than 5,000 sq. Kelly Ranch New BMP ft. in size and/or with 25 or more parkinq spaces. susceptible to stormwater, Areas A and C requirements for glaJ parking lot developments a. Incorporate BMPs effective at removinq or mitiqatinq potential within Agua pollutants of concern such as oil, grease, hydrocarbons, heavy Hedionda LCP. metals, and particulates from stormwater leavinq the developed Will affect site, prior to such runoff enterinq the stormwater conveyance drainage design system, or any receiving water body. Options to meet this of new parking requirement include the use of veqetative filter strips or other media lots. filter devices, clarifiers, grassy swales or berms, vacuum devices or a combination thereof. Selected BMPs shall be designed to collectively infiltrate, filter or treat the volume of runoff produced from each and every storm event up to and includinq the 85th percentile 24-hour runoff event. BMPs shall be enqineered and constructed in accordance with the guidance and specifications provided in the California Stormwater Best Manaqement Handbooks Handbooks (Commercial and Industrial) an&&&k+ C1LAD. All Development a. A public education proqram desiqned to raise the level of Kelly Ranch Individual public awareness of water quality issues around the lagoon includinq such Areas A and C. education elements as catch basin stenciling and public awareness siqns; programs must be developed for b. A landscape manaqement plan that includes herbicide/pesticide each new manaqement. development within Agua Such measures shall be incorporated into proiect design through a Hedionda LCP. water quality/urban runoff control plan and monitoring proqram to ensure the discharge from all proposed outlets is consistent with local and regional standards. Such measures shall be required as a condition of coastal development permit approval at the subdivision and/or development staqe, as appropriate. 9. Public Views - Add the following to Policy 8.3 which addresses regulation of development located between the road and the shoreline: WI e. Any residential subdivision on Planninq Area A shall be desiqned to Specific to Kelly preserve natural landforms and shall provide a public view corridor at the Ranch Area A. western property line of sufficient width to preserve the existing view towards the lagoon in that location. At least one additional view corridor shall be provided across the central portion of the site, such that the total width of at least two view corridors is not less than 200 feet. The public view corridor(s) shall be kept free of all structures and free of landscaping which at maturitv would rise above a reasonable viewline from vehicles passing on the public road. The view corridor shall be secured through deed restriction or easement as a condition of subdivision approval. 6. Mello II Land Use Plan Revisions 10. Revised Land Use Plan and Zoning Maps - The City shall prepare revised LCP Land Use Plan and Zoning maps, to replace the approved Kelly Ranch Master Plan, for the Mello II LCP segment. The revised maps shall delineate the proposed Planning Areas D through L and the residential land use designation and zoning assigned to each area as follows: Plannino Area Land Use Designation Zoning D RMH (8-l 5 dua) R-3-Q (Multi Fam.) E RM (4-8 dua) R-l (One Family F OS (Open Space OS (Open Space) G RMH (8-l 5 dua) R-3-Q (Multi Fam.) H RMH (8-15 dua) R-3-Q (Multi-Fam.) I RLM (O-4 dua) R-l - Q (One-Family) J RLM (O-4 dua) R-l-Q (One-Family) K RM (4-8 dua) RD-M-Q (Multi-Fam.) L RM (4-8 dua) RD-M-Q (Multi-Fam.) 11. Revised Open Space Map - The City shall prepare a revised LCP Kelly Ranch Open Space map for the entire Kelly Ranch which shall include Planning Area boundaries and topography and shall delineate the following areas, shown in concept on Exhibit 17 Xr, as open space. The exact location of the open space boundary shall be determined utilizing a recent topographic survey and aerial photography, to be prepared by the City for review and written approval by the Executive Director, prior to submittal to the City Council. a. Planning Areas B and F in their entirety, as proposed; b. Revise the open space delineation in Planning Area D to extend the southern limit of the proposed open space west to Cannon Road such that all of Planning Area D northern of the southern limit of the “hardline” is open space (shown in concept on Exhibit 14); however, this open space delineation may be modified to accommodate daycare facilities and RV parking which meet the following criteria, subject to an approved coastal development permit: a) In no case shall the designated open space corridor be less than 800 feet including the desiltation basin on Planning Area E; b) No development shall encroach into jurisdictional wetlands mapped by the ACOE; c) The facilities shall be located on the least environmentally sensitive portion of the site, and within non-native grassland and/or disturbed agricultural area to the maximum extent possible; and, d) The area utilized for these uses shall be the minimum size necessary to satisfy the requirements of the City of Carlsbad Zoning Code. C. Planning Areas H and K, open space boundaries as proposed; d. Revise the open space delineation in Planning Area I to include the proposed access roads; Specific to Kelly Ranch Specific to Kelly Ranch. Requires a General Plan Amendment for Planning Area F: OS/O to OS e. Revise the open space delineation in Planning Area J to include the proposed access roads, proposed lots 72, 73 and 74 and the north-facing slopes adjacent to those lots. Also, the eastern limit of the open space delineation on the west-facing slopes of Planning Area J shall extend up to the ridgeline and include the slopes greater than 25% grade as shown on the Steep Slope Analysis-Kelly Ranch dated 8-21-97 (and Exhibit 15); and, f. The open space delineation on Planning Area L shall include the northern and eastern portion of the planning area including the east and north facing slopes greater than 25% grade mapping prepared bv Planning Svstems attached as exhibit 21, and the flat, disturbed ridgeline north of the approximate 195 foot contour. This open pace is shown in concept on revised Exhibit 16. 12. New Mello II Land Use Plan Policies l-l and 1-2. The following policies shall be added as new Policies l-l and l-2 to the Mello II Land Use Plan regarding allowable land uses and maximum density of development. Policy 1-I Allowable Land Uses (Mello II) Allowable uses are those that are consistent with both the General Plan and the Local Coastal Program. Police 1-2 Maximum Densitv of Development Residential densities shall be permitted and based on the underlying LCP land use designation. The residential land designations shall represent the maximum densitv permitted subject to application of requested densitv bonuses pursuant to Chapter 21.86 of the Carlsbad Municipal Code and the applicable resource protection provisions of the certified LCP. 13. Revisions to Policy 3-5 Kelly PointlMacario Canvon Area - Policy 3- 5 of the Mello II LUP shall be revised to read as follows: POLICY 3-5 Kelly Point Ranch/ Macario Canyon (a) Maximum Densitv of Development Applicable to Kelly Ranch and Macario Canyon. Eliminates regulations and allows for greater design flexibility on Kelly Ranch. Affects all of Mello II LCP. Language is consistent with current City policies. Eliminates obsolete residential density regulations applicable to Macario Canyon. =w 6 1)EnrResiderReSjdential densities h Kelly Ranch only. the 433 acre Kelly Ranch v . . shall be permitted and based on )hnca . . 84-W-7 the underlvino G~Fw&&w LCP Land Use designation. The residential land use designations shall represent the maximum densitv permitted subiect to application of requested density bonuses pursuant to Chanter 21.86 of the Carlsbad Municipal Code and the applicable resource protection provisions of the certified LCP. (7 2) Approximately4 2.8 acres located adjacent to F Kelly Ranch Area ~&FWW& and west of Cannon Road, Y F. p CDP 98-47 are designated Open Space with fr\r an interpretive center for Aqua Hedionda Lagoon designated as an allowable use. 0)) Coastal Commission Permit 6-84-617 Agriculture Agricultural preservation policies for the 433-acre Kellv Ranch rem&f&+ Specific to Kelly w have been deleted by LCP amendment of 2 I- Ranch. 85. 03 Preservation of Steep Slopes, Sensitive Vegetation Draina~ and Erosion Control Any development proposal that affects steep slopes (25% Affects Kelly inclination or greater) shall be required to prepare a slope map and Ranch and analysis for the affected slopes. 3 . . Macario Canyon. w The slope mapping and analysis shall be No change to prepared during CEQA environmental review on a project-by- existing City project basis and shall be required as a condition of a coastal policy. development permit. (1) Areas and Slopes Possessing Endangered Species and/or Coastal Sage Scrub and Chaparral Plant communities: For those slopes mapp&as possessing endangered plant/animal species and/or coastal sage scrub and chaparral plant communities, the following policy language applies: (a) Coastal sage scrub and chaparral plant Specific to Kelly 0 communities p shall be preserved in their natural state within designated open space areas shown on the LCP Kelly Ranch Open Space map. un&sUre Ranch Mello II Open Space. (b) Restoration of the disturbed areas within the delineated open space shall be required as a condition of subdivision approval and shall be developed in consultation with the Department of Fish and Game. The disturbed areas shall be revegetated and existing vegetation enhanced with native species to serve as upland transitional habitat to low- lying wetlands and environmentallv sensitive habitat areas north and west of Cannon Road. The restoration and enhancement plan shall include a maintenance and monitoring component to assure long-term productivitv and continuance of the habitat value. Specific to Kelly Ranch Mello II Open Space. (c) Upon dedication of a conservation easement or in Affects Kelly fee dedication, or upon recordation of offers to dedicate the Ranch and Kelly Ranch Open Space to the Citv of Carlsbad or other public Macario Canyon. entitv, development of steep slopes over 25% grade mav occur Allows in areas outside the designated open space. Such development of encroachment shall be approved bv the Department of Fish steep slopes and Game and the U.S. Fish and Wildlife Service as consistent outside of the with the State and Federal Endannered Species Act. Kelly Ranch Dedication will assure preservation of a viable upland habitat Mello II Open corridor and scenic hillsides. Cnr Space. (6 d) Slopes and habitat areas within the designated . . open space 0 m, shall be placed in a permanent open space conservation easement or dedicated in fee as a condition of &v&pme& subdivision approval. The purpose of the open space easement shall be to reduce the potential for localized erosion and slide hazards, to prohibit the removal of native vegetation except for creating authorized firebreaks and/or planting fire retardant vegetation and to protect visual resources of importance to the entire community. The Specific to Kelly Ranch. easement shall be oranted to the Citv of Carlsbad to be maintained and managed as part of the LCP open space system for Kellv Ranch. (32)Drainage and Runoff Rates: Drainage and runoff shall be controlled so as not to exceed at any time the rate associated with the property in its present state, and appropriate measures shall be taken on and/or offsite to prevent siltation of lagoons and other environmentally sensitive areas. (43)lnstallation Timing of Drainage and Runoff Control Measures: The appropriate measures shall be installed prior to onsite grading. (d) Park Purposes (Macario Canyon): Park purposes shall be a permitted use compatible with this land use designation provided that any park construction is subject to 3-5&a&~ the slope preservation provisions of 3-5 C above. Allows development of steep slopes outside of the Kelly Ranch Mello II Open Space (e) Brush Management: A fire suppression plan shall be required for all Affects residential residential development adiacent to designated open space subject to development in . approval by the City of Carlsbad Fire Department. The fire suppression plan shall incorporate a combination of buildinn materials, sufficient structural setbacks from native vegetation and selective thinning designed to assure safety from fire hazard, protection of native habitat, and landscape screening of the residential structures. No portions of brush management Zone 1 and 2 as defined in the City of Carlsbad Landscape Manual shall occur in designated open space areas. Zone 3 may be permitted within desinnated open space upon written approval of the Fire Department and onlv when native fire retardant planting is permitted to replace hinh and moderate fuel species required to be removed. [fI Sitinq/ParkinQ. Due to severe site constraints. innovative siting and design criteria (including shared use of drivewavs, clustering, tandem parking, pole construction) shall be incorporated to minimize paved surface area. Dwelling units shall be clustered in the relatively flat portions of the site. In) Roads in Open Space: Access roads shall be a permitted use within designated open space subiect to an approved coastal development permit, onlv when necessary to access flatter areas and when designed to be the least environmentally damaging feasible alternative. Wildlife corridors shall be required when necessary to facilitate wildlife movement through the open space area. [h) Other Uses in Open Space: The designated open space on Planninq Area D may be modified to accommodate davcere facilities and RV parking which meet the followinn criteria, subiect to an approved coastal development permit: 1) In no case shall the designated open space corridor be less than 800 feet including the desiltation basin on Planning Area E; 2) No development shall encroach into iurisdictional wetlands mapped bv the ACOE; 3) The facilities shall be located on the least environmentally sensitive portion of the site and within non-native grassland and/or disturbed agricultural area to the maximum extent possible; and. 4) The area utilized for these uses shall be the minimum size necessary to satisfy the requirements of the City of Carlsbad Zoning Code. 14. Water Quality - Add the following as new subsection Policy 3-5 (i): 0) All new development, substantial rehabilitation, redevelopment or related activity, shall be designed and conducted in compliance with all applicable local ordinances including Chapter 15.12 of the Carlsbad Municipal Code Stormwater Management and Discharge Control Ordinance, the Standard Specifications for Public Works Construction when performing public work, and applicable provisions of the NPDES General Permit for Storm Water Discharges Associated with Construction Activity issued by the State Water Resources Control Board (State Board Order No. g2-08-DWQ), and any subsequent amendments, and the San Diego NPDES Municipal Storm Water Permit issued to San Diego County and Cities by the California Regional Water Quality Control Board (Regional Kelly Ranch area D. Limits ability to locate RV storage and daycare on area D. Kelly Ranch and Macario Canyon. Allows brush management in Zone 3. Current City policy allows management in Zone 2 and 3. Affects Kelly Ranch and Macario Canyon. Allows roads within Kelly Ranch and Macario Canyon designated Open Space if justified. Affects Kelly Ranch and Macario Canyon Board Order No. 90-42) and any amendment, revision or re-issuance thereof. In addition the following shall apply: New development and significant redevelopment of private and publicly Requires BMP’s owned properties, must incorporate design elements and/or Best on all new Management Practices (BMPs) which will effectively prevent runoff development contamination, and minimize runoff volume from the site in the developed activities within condition, to the oreatest extent feasible. At a minimum, the following Kelly Ranch and specific requirements shall be applied to development of tvpe and/or Macario Canyon intensitv listed below: Residential Development Development plans for, or which include residential housing development Sophisticated with greater than 10 housing units shall include a drainane and polluted runoff control runoff control plan prepared bv a licensed engineer, designed to infiltrate, devices required filter or treat the volume of runoff produced from each and every storm for new event up to and including the 85th percentile 24-hour runoff event, prior to residential conveying runoff in excess of this standard to the stormwater conveyance subdivisions of svstem. The plan shall be reviewed and approved bv the consulting soils 10 units or more engineer or engineering geologist to ensure the plan is in conformance with within Kelly their recommendations. The plan shall be designed in consideration of the Ranch and following criteria, and approved prior to issuance of a coastal development Macario Canyon. permit: Will affect subdivision a. Maximize the percentage of permeable surfaces and green space drainage design. to allow more percolation of runoff into the ground and/or design site with the capacity to convey or store peak runoff from a storm and release it at a slow rate so as to minimize the peak discharge into storm drains or receiving water bodies; b. Use porous materials for or near walkwavs and driveways where feasible; C. Incorporate design elements which will serve to reduce directly connected impervious area where feasible. Options include the use of alternative design features such as concrete grid drivewavs, and/or pavers for walkwavs. % & be collected and directed through a svstem of vegetated and/or gravel filter strips or other media devices, where feasible. Selected filter elements shall be designed to 1) trap sediment, particulates and other solids and 2) remove or mitigate contaminates through infiltration and/or biological uptake. The drainage system shall also be designed to convey and discharge runoff from the building site in a non-erosive manner. e A Selected BMPs shall be engineered and constructed in accordance with the design specifications and guidance contained in the California Stormwater Best Management Practices Handbook /Municipal). f, The plan must include provisions for regular inspection and maintenance of structural BMPs, for the life of the project. Parkinq Lots Development plans for, or which include parking lots greater than 5.000 sq. ft. in size and/or with 25 or more parking spaces, susceptible to stormwater, shall: a. Incorporate BMPs effective at removing or mitigating potential pollutants of concern such as oil, grease, hvdrocarbons, heavv metals, and particulates from stormwater leaving the developed site, prior to such runoff entering the stormwater conveyance svstem, or any receiving water body. Options to meet this requirement include the use of vegetative filter strips or other media filter devices, clarifiers, grassy swales or berms, vacuum devices or a combination thereof. Selected BMPs shall be designed to collectivelv infiltrate, filter or treat the volume of runoff produced from each and every storm event UP to and including the 85th percentile 24-hour runoff event. BMPs shall be engineered and constructed in accordance with the guidance and specifications provided in the California Stormwater Best Management Handbooks Handbooks (Commercial and Industrial) en&&e&& New BMP requirements for new parking lot developments within Kelly Ranch and Macario Canyon. All Development Individual public education a. A public education program designed to raise the level of awareness of water quality issues around the lagoon including such elements as catch basin stenciling and public awareness signs; b. A landscape management plan that includes herbicide/pesticide manaoement. Such measures shall be incorporated into proiect design through a water qualitv/urban runoff control plan and monitoring prooram to ensure the discharge from all proposed outlets is consistent with local and regional standards. Such measures shall be required as a condition of coastal development permit approval at the subdivision and/or development stage, as appropriate. programs required for all new development within Kelly Ranch and Macario Canyon. 15. Vista Points - Add the following as new subsection Policy 3-5 (j) and develop a Scenic Resource map indicating the designated vista point(s) within Kelly Ranch: 0 Public vista points shall be provided at two locations, one each in Kelly Ranch Planninn Areas J and the other either entirely within Planning Area L or areas J and L. including portions of Planning Area L and the disturbed high points of adiacent Planning Area D, to provide views of the Pacific Ocean, Aoua Hedionda Lagoon and its environs, and shall be accessible to the public at large. Vista points may be located in disturbed open space areas subiect to approval bv the Department of Fish and Game. Support parking shall be provided and may be located either on-street or off-street within close proximitv to the vista point(s). Dedications necessary to provide the vista points and access to the vista points shall be a condition of coastal development permit approval at the subdivision stage. 16. Public Trails - Add the following as new subsection Policy 3-5 (k) of the Mello II land use plan delineating the approved public trails system for 45 Kelly Ranch: (k) A public trails system that links Agua Hedionda Lagoon, the Specific to Kelly interpretive center, the street system, open space areas and public vista Ranch. point(s) shall be provided in consultation with California Department of Fish and Game. Trails provided outside of the public right-of-way shall be dedicated by easement as a condition of subdivision approval. Trail improvements may be a combination of sidewalks within the public right-of- way and, for segments located outside of the public right-of-way, as defined in the Open Space Conservation and Resource Management Plan. Trails shall be installed concurrent with residential development and are indicated on Exhibit 19 (Conceptual Open Space & Conservation Map). 17. Public Streets/Gated Communities - Add the following as new subsection Policy 3-5 (I): (0 The street systems shall provide public access and support parking Kelly Ranch for the public trail system and vista points in the residential developments areas J, K, and L located in Planning Areas J, K and L of Kelly Ranch. Public access may be provided throunh public streets, or private streets with public access easements or deed restriction. Private gated communities shall not be permitted within those planning areas. C. Mello II Implementation Plan Revisions 18. Preservation of Steep Slopes. Revise Section 21.203.040(A) of the Coastal Resource Protection Overlay Zone to read as follows: 21.203.040 Development Standards. The following specific Requires a Zone development standards shall be applied to areas within the Coastal Code Resource Protection Overlay Zone as part of the coastal development Amendment to permit. Such standards shall control, notwithstanding the provisions of the incorporate underlying zone and shall include: language into the Zoning A. Preservation of Steep Slopes and Vegetation Ordinance. Any development proposal that affects steep slopes (25% Affects the entire inclination or greater) shall be required to prepare a slope map Coastal Zone. and analysis for the affected slopes. v . . w The slope mapping and analysis shall be prepared during CEQA environmental review on a project-by-project basis and shall be required as a condition of a coastal development permit. 1. Outside the Kelly Ranch propertv, gfor those slopes Affects the entire mappe&s possessing endangered plant/animal species Coastal Zone and/or coastal sage scrub and chaparral plant communities, the except Kelly following policy language would appliesy: Ranch. No substantive a. Slopes of 25% grade and over shall be preserved in change to their natural state, unless the application of this policy would existing “dual preclude any reasonable use of the property, in which case an criteria” policy. encroachment not to exceed 10% of the steep slope area over 25% grade may be permitted. For existing legal parcels, with all or nearly all of their area in slope area over 25% grade, encroachment may be permitted; however, any such encroachment shall be limited so that at no time is more than 20% of the entire parcel (including areas under 25% slope) permitted to be disturbed from its natural state. This policy shall not apply to the construction of roads of the City’s Circulation Element or the development of utility systems, Uses of slopes over 25% may be made in order to provide access to flatter areas if there is no less environmentally damaging alternative available. b. No further subdivisions of land or utilization of Planned Unit Developments shall occur on lots that have their total area in excess of 25% slope unless a Planned Unit Development is proposed which limits grading and development to not more than 10% of the total site area. C. Slopes and areas remaining undisturbed as a result of the hillside review process, shall be placed in a permanent open space easement as a condition of development approval. The purpose of the open space easement shall be to reduce the potential for localized erosion and slide hazards, to prohibit the removal of native vegetation except for creating firebreaks and/or planting fire retardant vegetation and to protect visual resources of importance to the entire community. 2. Within the Kelly Ranch property, for those slopes possessinq endanqered plant/animal species and/or coastal saqe scrub and chaparral plant communities, the followinq policy lanquaqe applies: a. Coastal saqe scrub and southern maritime chaparral plant communities shall be preserved in their natural state within desiqnated open space areas shown on the LCP Kelly Ranch Open Space Map and addressed in Policy 3-5 of the certified LCP land use plan. b. The open space shown on the Kelly Ranch Open Space Map shall be secured throuqh conservation easements or dedicated in fee at the time of subdivision approval. The easements shall be qranted to the City of Carlsbad or other public entity and maintained and managed as part of the LCP Kelly Ranch Open Space system. C. Restoration of disturbed areas within the desiqnated open space throuqh reveqetation of disturbed areas and enhancement of existinq veqetation with native upland species shall be required, in consultation with the Department of Fish and Game, as a condition-of subdivision approval. The restoration and enhancement plan shall include a maintenance and monitorinq component to assure lonq-term productivitv of the habitat value. d. Upon dedication of a conservation easement or in fee dedication, or upon recordation of offers to dedicate the Kelly Ranch Open Space to the Citv of Carlsbad or other public entitv. development of steep slopes over 25% qrade may occur in areas outside the desiqnated open space. Such encroachment shall be approved by the Department of Fish Specific to Kelly Ranch. Language reflects modifications to Mello II LCP. 47 .- and Game and the US. Fish and Wildlife Service as consistent with the State and Federal Endangered Species Act. Dedication will assure preservation of a viable upland habitat corridor and scenic hillsides. e. Roads in Open Space: Access roads shall be a permitted use within designated open space subiect to an approved coastal development permit, only when necessary to access flatter areas and when designed to be the least environmentally damaging feasible alternative. Wildlife corridors shall be required when necessary to facilitate wildlife movement through the open space area. f. Sitinq/Parkinq. Due to severe site constraints, innovative siting and design criteria (including shared use of driveways, clustering, tandem parking, pole construction) shall be incorporated to minimize paved surface area. Dwellinn units shall be clustered in the relatively flat portions of the site. e. Brush Manaqement: A fire suppression plan shall be required for all residential development adiacent to designated open space subiect to approval by the City of Carlsbad Fire Department. The fire suppression plan shall incorporate a combination of buildinq materials, sufficient structural setbacks from native vegetation and selective thinning designed to assure safety from fire hazard, protection of native habitat, and landscape screening of the residential structures. No portions of brush management Zone I and 2 as defined in the City of Carlsbad Landscape Manual shall occur in desiqnated open space areas. Zone 3 may be permitted within designated open space upon written approval of the Fire Department and only when native fire retardant planting is permitted to replace high and moderate fuel species required to be removed. 19. Grading Season - Revise Section 21.203.040 (B) 4) e) as follows: e. All construction activities shall be planned so that grading will occur in units that can be easily completed within the summer construction season. All grading operations shall be limited to April 1 to October I of each year All areas disturbed by grading shall be planted within 60 days of initial disturbance and prior to October 1 with temporary or permanent (in the case of finished slopes) erosion control methods. The October I grading season deadline may be extended with the approval of the City Engineer subiect to implementation by October I of erosion control measures designed to prohibit discharge of sediments off-site during and after the grading operation is completed. Extensions beyond November I5 may be allowed in areas of very low risk of impact to sensitive coastal resources and may be approved either as part of the original coastal development permit or as a formal amendment to an existing coastal clevelopment permit. Exception. If any of the responsible Resource Agencies prohibit grading operations during the summer qradinq period in order to protect endangered or rare species or sensitive environmental resources, then grading activities may be allowed during the winter by a coastal development permit or permit Applies to “All other areas in the Coastal Zone” . Does not include Buena Vista Lagoon, Batiquitos Lagoon Watershed, areas west of Paseo Del Norte, west of l-5, and west of El Camino Real immediately upstream of existing storm drains. Adds flexibility to winter grading period amendment. 20. j): Water Qualitv - Add the following as new Section 21.203.040 (B) 4) All new development, substantial rehabilitation, redevelopment or related activity, shall be designed and conducted in compliance with all applicable local ordinances including Chapter 15.12 of the Carlsbad Municipal Code Stormwater Management and Discharge Control Ordinance, the Standard Specifications for Public Works Construction when performing public work, and applicable provisions of the NPDES General Permit for Storm Water Discharges Associated with Construction Activity issued by the State Water Resources Control Board (State Board Order No. 92-08-DWQ), and any subsequent amendments, and the San Diego NPDES Municipal Storm Water Permit issued to San Diego County and Cities by the California Regional Water Quality Control Board (Regional Board Order No. 9042) and any amendment, revision or re-issuance thereof. In addition the following shall apply to development within Kelly Ranch: New development and significant redevelopment of private and publicly owned properties, must incorporate design elements and/or Best Management Practices (BMPs) which will effectively prevent runoff contamination, and minimize runoff volume from the site in the developed condition. to the greatest extent feasible. At a minimum, the following specific requirements shall be applied to development of tvpe and/or intensitv listed below: Residential Development Development plans for, or which include residential housing development with oreater than IO housing units shall include a drainaqe and polluted runoff control plan prepared by a licensed engineer. designed to infiltrate, filter or treat the volume of runoff produced from each and everv storm event up to and including the 85th percentile 24-hour runoff event, prior to conveying runoff in excess of this standard to the stormwater conveyance system. The plan shall be reviewed and approved by the consulting soils ennineer or engineering geologist to ensure the plan is in conformance with their recommendations. The plan shall be designed in consideration of the following criteria, and approved prior to issuance of a coastal development permit: a. Maximize the percentage of permeable surfaces and green space to allow more percolation of runoff into the ground and /or design site with the capacitv to convey or store peak runoff from a storm and release it at a slow rate so as to minimize the peak discharge into storm drains or receiving water bodies; b. Use porous materials for or near walkways and driveways where feasible; C. Incorporate design elements which will serve to reduce directly Specific to Kelly Ranch. Specific to Kelly Ranch residential development. Applies to “All other areas in the Coastal Zone” . Does not include Buena Vista Lagoon, Batiquitos Lagoon Watershed, areas west of Paseo Del None, west of l-5, and west of El Camino Real immediately upstream of existing storm drains. Requires NPDES permits for new development. connected impervious area where feasible. Options include the use of alternative desiqn features such as concrete grid driveways, and/or pavers for walkways. V !L Runoff from driveways, streets and other impervious surfaces shall be collected and directed through a system of vegetated and/or gravel filter strips or other media devices, where feasible. Selected filter elements shall be desiqned to I) trap sediment, particulates and other solids and 2) remove or mitigate contaminates throuqh infiltration and/or bioloqical uptake. The drainaqe system shall also be desiqned to convey and discharqe runoff from the buildinq site in a non-erosive manner. 2 e Selected BMPs shall be enqineered and constructed in accordance with the desiqn specifications and quidance contained in the California Stormwater Best Manaqement Practices Handbook /Municipal). f -I The plan must include provisions for reqular inspection and maintenance of structural BMPs, for the life of the proiect. Parkinq Lots Development plans for, or which include parkinq lots qreater than 5,000 sq. Specific to Kelly ft. in size and/or with 25 or more parking spaces, susceptible to stormwater, Ranch parking lot ghaJ development a. Incorporate BMPs effective at removing or mitiqatinq potential pollutants of concern such as oil, crease, hydrocarbons, heavy metals, and particulates from stormwater leavinq the developed site, prior to such runoff enterinq the stormwater conveyance system, or any receiving water body. Options to meet this requirement include the use of veqetative filter strips or other media filter devices, clarifiers, qrassy swales or berms, vacuum devices or a combination thereof. Selected BMPs shall be designed to collectively infiltrate, filter or treat the volume of runoff produced from each and every storm event up to and includinq the 85th percentile 24-hour runoff event. BMPs shall be enqineered and constructed in accordance with the guidance and specifications provided in the California Stormwater Best Manaqement Handbooks Handbooks (Commercial and Industrial) an&&e&~ ElhAD. All Development a. A public education program desiqned to raise the level of Public education awareness of water quality issues around the laqoon including such programs elements as catch basin stencilinq and public awareness siqns; required for all b. A landscape manaqement plan that includes herbicide/pesticide development management. within Kelly Ranch. C - Such measures shall be incorporated into project desiqn throuqh a water qualitwurban runoff control plan and monitorinq proqram to ensure the discharqe from all proposed outlets is consistent with local and reqional standards. Such measures shall be required as a condition of coastal development permit approval at the subdivision staqe. 21. W Scenic Preservation - Add the following as new Section 21.203.040 G. Within the Kelly Ranch. scenic public views from Interstate 5, Cannon Road and Aqua Hedionda Laqoon shall be preserved, as feasible, through the followinq measures: a. Landscapinq and Setbacks: Use of trees or fire retardant veqetation with substantial heiqht as a landscape screen and/or setbacks from the ridqelines and open space areas; b. Buildinq Colors: Exterior wall and roof colors shall be of low intensity earth or vegetative tones. Stucco with accent materials such as tile, natural stone, or other compatible natural buildinq materials shall be preferred. Roof colors shall be low intensitv colors which blend with the environmental settinq of the project; c. Residential Buildinq Heiqht: Maximum heiqht limits and variation in roof heiqhts shall be utilized, as necessarv, to minimize visibilitv of structures from scenic public roadways, public vista points and public trails. 22. Landscapinq Requirements - Add the following as new Section 21.203.040 (H): H. Within the Kelly Ranch, landscaping shall be utilized as a visual buffer and be compatible with the surroundinq native veqetation and preserved open space by incorporation of the followinq measures: a. All residential development shall be required to identifv and implement a landscaping plan that provides for installation of plant species that are native ore non-invasive and drought tolerant to the maximum extent feasible. Ornamental (non-invasive) veqetation shall be permitted in the interior of residential subdivisions onlv; b. Approved landscapinq shall be installed immediately upon completion of construction and maintained by the property owners in qood qrowinq condition for the life of the development; C. Landscape screeninq of structures, including specimen trees and fire retardant veqetation of substantial heiqht. shall be required to screen and Specific to Kelly Ranch. Specific to Kelly Ranch - soften the view of structures from l-5, Cannon Road, Aqua Hedionda Lagoon, public trails and public vista points; d. The landscape treatment shall cause the development to blend in with the natural setting and present a visually cohesive appearance as viewed from AQua Hedionda Lagoon, Cannon Road and Interstate 5. December 12,200O TO: CITY COUNCIL MEMBERS FROM: ASSISTANT PLANNING DIRECTOR d SUBJECT: LCPA 97-09(A) KELLY RANCH Governments and agencies, including Carlsbad (copermittees) in San Diego County is currently reviewing Tentative Order No. 2001-01, NPDES No. CA0108758 prepared by the California Regional Water Quality Control Board, San Diego Region. The “suggested modifications” adopted by the Coastal Commission for the Kelly Ranch are consistent with Tentative Order No. 2001- 01. However, the City along with the other copermittees has requested certain revisions to the discharge requirements for urban runoff covered by the Tentative Order. It is our intention to ultimately adopt the discharge requirements imposed by the Regional Water Control Board. If those requirements were different from the requirements contained in the “suggested modifications” the City would not adopt the Coastal Commission’s language as currently proposed. In order to put the Commission on notice of Carlsbad’s intention, the Council Resolution adopting the “suggested modifications” has been revised to add the word “substantially”, as follows: 3. That the suggested modifications to Local Coastal Program Amendment LCPA 97-09, are approved substantially as shown in Attachment “A”. Gary E. Wayne