HomeMy WebLinkAbout2001-02-13; City Council; 16059; Kelly Ranch Village ECITY OF CARLSBAD -AGENDA BILL m
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PUD 9704(A)
Kelly Ranch Village “E”
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RECOMMENDED ACTION:
That the City Council ADOPT Resolution No. aO/ - 4s’ , APPROVING Amendment A to Planned
Unit Development PUD 97-04 based upon the findings contained therein.
ITEM EXPLANATION:
The amendment includes: disclosure to future home owners within the development that a
permanent sewer lift station may be located adjacent to Cannon Road and west of the development;
temporary provision of recreational vehicle storage on Lot 17 within the development; and, additional
assurances incorporated into the “Affordable Housing Agreement” for the Kelly Ranch.
The project was originally scheduled to be heard by the Planning Commission at its November 1,
2000 meeting; was subsequently continued three times at the request of the applicant, and
considered by the Planning Commission at its regularly scheduled January 3, 2001 meeting. The
Commission voted 7-O to recommend approval of the amendment.
More detail is provided in the attached November 1, 2000, Planning Commission staff report.
ENVIRONMENTAL:
The Kelly Ranch Village “E” project was analyzed for direct, indirect and cumulative environmental
impacts and a Mitigated Negative Declaration was issued in June 1997. The proposed amendments
will have no greater or lesser impacts than what was previously considered. The project qualifies for
a determination that the previous environmental documents are applicable and therefore a notice of
prior compliance has been issued by the Planning Director.
FISCAL IMPACT:
Adoption of the proposed amendments will not have a fiscal impact on the City.
EXHIBITS:
1. City Council Resolution No. dOOl - qd-
2. Location Map
3. Planning Commission Resolution No. 4839
4. Planning Commission Staff Reports, dated November 1,200O
5. Excerpt of Planning Commission Minutes, dated January 3, 2001.
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RESOLUTION NO. 2001-45
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN
AMENDMENT TO PLANNED UNIT DEVELOPMENT PUD
97-04(A) TO ADD DISCLOSURE TO FUTURE HOME
OWNERS WITHIN THE DEVELOPMENT THAT A
PERMANENT SEWER LIFT STATION MAY BE
LOCATED ADJACENT TO CANNON ROAD AND WEST
OF THE DEVELOPMENT; TEMPORARY PROVISION OF
RECREATIONAL VEHICLE STORAGE ON LOT 17
WITHIN THE DEVELOPMENT; AND, ADDITIONAL
ASSURANCES INCORPORATED INTO THE “AFFORD-
ABLE HOUSING AGREEMENT” FOR THE KELLY
RANCH. CASE NAME: KELLY RANCH VILLAGE “E”
CASE NO.: PUD 97-04(A)
follows:
The City Council of the City of Carlsbad, California, does hereby resolve as
WHEREAS, the Planning Commission held a duly noticed public hearing on
November 1, 2000, as prescribed by law to consider the Planned Unit Development amendment
PUD 97-04(A), which was continued to November 15, 2000, again continued to December 6,
2000, and again continued to January 3, 2001, and at that meeting adopted Planning
Commission Resolution No. 4839 recommending to the City Council that it be approved; and
WHEREAS, the City Council did on the 13th dayof February , 2001
hold a duly noticed public hearing as prescribed by law to consider the Planned Unit
Development amendment and;
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, the City Council considered all factors
relating to the Planned Unit Development amendment.
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 findings of the Planning Commission in Planning Commission
Resolution No. 4839 constitute the findings of the City Council in this matter.
3. That the Planned Unit Development amendment is approved as shown in
Planning Commission Resolution No. 4839 on file with the City Clerk and incorporated herein by
reference . 2
1 PASSED AND ADOPTED at a regular meeting of the City Council
2 Carlsbad on the 13th dayof February 2001, by the following vote, to
3 AYES: Council Members Lewis, Finnila, Nygaard and Hal
4 NOES: None
.5 ABSENT: Council Member Kulchin
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10 ATTEST:
11 .Y’
* wm
,&RRAINE k. WOOD, City Clerk
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EXHIBIT 2
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KELLY RANCH VILLAGE “E”
PUD 97=04(A)
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EXHIBIT 3
PLANNING COMMISSION RESOLUTION NO. 4839
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF AN AMENDMENT TO PUD 97-04 TO
INCLUDE NOTICE REGARDING A POTENTIAL
PERMANENT SEWER PUMP STATION, REQUIRE AN
ADDITIONAL AFFORDABLE HOUSING AGREEMENT AND
TO ALLOW ON-SITE RECREATIONAL VEHICLE STORAGE
WITHIN THE PROJECT BOUNDARIES OF KELLY RANCH
VILLAGE “E” GENERALLY LOCATED EAST OF EL
CAMINO REAL AND SOUTH OF FUTURE CANNON ROAD
IN LOCAL FACILITIES MANAGEMENT ZONE 8.
CASE NAME: KELLY RANCH VILLAGE “E”
CASE NO.: PUD 97-04(A)
WHEREAS, Shea Homes, “Developer”/“Owner”, has filed a verified application
with the City of Carlsbad regarding property described as
Portions of lots I and F of Ranch0 Agua Hedionda, in the
County of San Diego, State of California, according to map
thereof No. 823, filed in the office of the County Recorder of
said San Diego County, November l&1896.
(“the Property”); and
WHEREAS, said verified application constitutes a request for an amendment to
Planning Commission Resolution No. 4226 and Planned Unit Development PUD 97-04 as
shown on Exhibits “A” - “B” dated November 1, 2000, on file in the Planning Department,
KELLY RANCH VILLAGE “E” - PUD 97-04(A) as provided by PUD 97-04 and Chapter
21.45 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 1st day of November, 2000,
hold a duly noticed public hearing as prescribed by law to consider said request which was
continued to the 15th day of November, 2000, and subsequently continued again to the 6th
day of December, 2000, and continued again to the 3rd day of January, 2001; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of persons desiring to be heard, said Commission considered all factors
relating to the Tract Map and Planned Unit Development. 5
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
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That the foregoing recitations are true and correct. - .
That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of the AMENDMENTS to KELLY RANCH
VILLAGE “E” - PUD 97-04, based on the following findings and subject to the
following conditions:
Findings:
1.
2.
3.
4.
5.
6.
7.
That recreational vehicle storage at a ratio of 20 square feet per residential unit is a
requirement of the Planned Development Ordinance.
That the developer of Kelly Ranch Village “E” will not be able to comply with the
requirement to provide recreational vehicle storage off-site per Exhibit XX dated
January 1998 and inclusionary housing prior to the issuance of the 1Olst building
permit for Kelly Ranch Village “E” in that the Kelly Ranch Core Area has not yet
been fully approved and granted permits for construction of the common RV
storage area and the off-site inclusionary housing units.
That the proposed use of Lot 17 for recreational vehicle storage will satisfy the
requirement for such storage per the Planned Unit Development Ordinance in that
there is more than the minimum required 2,880 square feet available for RV storage
and the lot can be adequately screened from the public right-of-way.
That the on-site recreational vehicle storage on Lot 17 shall be permanent until such
time that an amendment is approved for the relocation of the RV area to an
acceptable off-site location.
The Planning Director has determined that the project has no new significant
environmental effect not analyzed as significant in the prior Mitigated Negative
Declaration approved for the project.
That the addition of notice to the future residents of PUD 97-04 regarding the
potential permanent sewer pump station will provide proper disclosure of the
proximity of the pump station and the potential for odor impacts as a result of the
pump station.
That except as amended by this Resolution, all of the findings of Planning
Commission Resolution No. 4226 are applicable and incorporated herein by
reference.
PC RESO NO. 4839 -2-
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Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all corrections
and modifications to the Planned Unit Development document(s), as necessary, to make
them internally consistent and in conformity with final action on the project.
Development shall occur substantially as shown in the approved Exhibits. Any proposed
development different from this approval, shall require an amendment to this approval.
Planning Commission Resolution No. 4226 is amended by the addition of the
following conditions:
a) The Developer shall provide, to the satisfaction of the City
Engineer, improved and screened recreational vehicle storage,
and paved access to the recreational vehicle storage, with a
total area of not less than 2,880 square feet, on-site on Lot 17 as
shown on Exhibit “B” dated November 1, 2000 prior to
issuance of building permits for Lots 1 through 45.
Maintenance of the on-site facility shall be the responsibility of
Shea Homes and may be transferred to a subsequent
maintenance entity. Relocation of the RV storage to an off-site
location as allowed by the Planned Development Ordinance
will require a separate amendment to PUD 97-04.
b) Prior to the issuance of building permits for or transfer of
ownership of Lots 1 through 45, a notice shall be recorded for
Lots 1 through 45 stating that the city may construct a
permanent sewer pump station within close proximity or
immediately adjacent to the subdivision and that residences
within the subdivision may be subject to sewer odors. The
content and form of the notice shall be subject to the review
and approval of the City Attorney prior to recordation.
cl Prior to the issuance of building permits for Lots 1 through 45,
an affordable housing agreement shall be executed that
satisfies Kelly Ranch Village E’s inclusionary housing
requirements. This agreement which shall serve as a
guarantee to provide the project’s fare share of inclusionary
housing units should the previous agreement executed by Kelly
Land Company not be able to be fulfilled. The new or
amended agreement, whichever is appropriate, shall be subject
to the review and approval of the Housing and Redevelopment
Director.
PC RESO NO. 4839 -3- 7
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PASSED, APPROVED AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on the 3rd day of January 2001, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Compas, Heineman,
L’Heureux, Nielsen, and Trigas
NOES:
ABSENT:
ATTEST:
Planning Director
PC RESO NO. 4839 -4- 8
EXHIBIT "A"
November 1, ; 00
EXHIBIT “B” - ^^_
The City of Carlsbad Plauning Department EXHIBIT 4
A REPORT TO THE PLANNING COMMISSION
Item No. 4 0
Application complete date: N/A
P.C. AGENDA OF: November 1,200O Project Planner: Christer Westman
Project Engineer: Mike Shirey
SUBJECT: PUD 97-04(A) - KELLY RANCH VILLAGE “E” - Request for approval of
amendments to add disclosure regarding a potential permanent sewer pump
station adjacent to the subdivision, to address changed circumstances regarding
the provision of inclusionary housing, and to allow on-site recreational vehicle
storage within the subdivision boundaries of Kelly Ranch Village “E” generally
located east of El Camino Real and south of Cannon Road in Local Facilities
Management Zone 8.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 4839
RECOMMENDING APPROVAL of the addition of conditions requiring disclosure,
satisfaction of inclusionary housing requirements through an “affordable housing agreement, and
allowing on-site recreational vehicle storage as an amendment to PUD 97-04 based on the
findings and subject to the conditions contained therein.
II. INTRODUCTION
The Kelly Ranch Village “E” Planned Unit Development for 144 single family detached homes
was approved by the Planning Commission in January 1998 and subsequently approved by the
City Council in April 1998. Since the approval of PUD 97-04, the City has determined that a
permanent sewer pump station is necessary to be <located adjacent to Cannon Road. The pump
station will serve development within Kelly Ranch by enabling the South Agua Hedionda force
main from El Camino Real to the upper elevations of Cannon Road by Lego Drive. The City
wishes to amend Planning Commission Resolution No. 4226 to include a condition of notice to
future residents of Village “I?’ (Canterbury) of the potential for the location of a permanent
sewer pump station immediately adjacent to the west.
Additionally, the approval of the project included a provision allowing the Village “E”
recreational vehicle storage requirement to be satisfied at an off-site facility prior to the issuance
of the 1Olst building permit. The off-site location was identified as the common RV facility
proposed for the “core area” of the Kelly Ranch.
The “core area” of the Kelly Ranch has not been approved and the common RV facility has not
been constructed. Additionally, Village “E” is approaching the 101 st building permit. No
homes have been built adjacent to or in the general vicinity-of the proposed on-site RV facility.
Regarding inclusionary housing, the project was approved subject to the provisions of an
affordable housing agreement executed by the previous property owner, Kelly Land Company.
PUD 97-04(A) - KELLY RANCH VILLAGE “E”
November 1,200O
The agreement allowed the Village “E” inclusionary housing requirement to be satisfied at an
off-site location to be built by a third party, Archstone Communities. Similar to the applicant’s
inability to fulfil1 the requirement to provide recreational vehicle storage off-site because of
changed circumstances, the applicant is unable to satisfy the requirement to provide the required
off-site affordable housing units because of the same set of changed circumstances.
III. PROJECT DESCRIPTION AND BACKGROUND
The City wishes to amend Planning Commission Resolution No. 4226 to disclose to the future
owners of Canterbury that the City may install a permanent sewer pump station immediately
adjacent to the west, and that the subdivision may be subject to sewer odor. Currently, there is a
“temporary” sewer pump station located on the property. The temporary pump station was
required to be installed with the development of Canterbury to accommodate sewer flows to the
North Agua Hedionda sewer main.
Additionally, Village “E” was approved with a condition which stated that prior to issuance of
the 1Olst building permit, 2,880 square feet of recreational vehicle storage would need to be
available at an off-site location designated in Exhibit “XX” approved with PUD 97-04, January
7, 1998. The off-site location is shown as the common RV facility for the “core area” of the
Kelly Ranch.
The intention of the condition was to allow the “core area” to provide a central common
recreational vehicle storage area for the entire Kelly Ranch rather than several smaller individual
RV facilities. An assumption was made at the time that Village “E” was approved that the “core
area” would soon develop and would be able to accommodate RV storage prior to the issuance of
the 101 st building permit in Village “E”.
However, the “core area” has not been approved by the California Coastal Commission and there
is no indication that construction will begin any time in the reasonable future. Therefore, the
applicant has worked with staff in identifying a suitable existing graded lot within Village “E”
(Canterbury) for recreational vehicle storage. The storage facility will remain in place until such
time that the common facility in the “core area” or other acceptable off-site location is
constructed. Identification of an off-site location will require a subsequent amendment to this
Planned Unit Development. If an off-site facility is not constructed or is not of a size large
enough to accommodate the 2,880 square feet required for Village “E”, the proposed on-site
facility will remain as a permanent facility for the use of the Village “E” residents and shall be
maintained by the Village “E” homeowner’s association.
Similar to the RV facility dilemma, because the “core area” has not been approved by the
Coastal Commission, the construction of the apartments which would satisfy the inclusionary
housing requirements for Village “E” has not yet begun. Staff is recommending that the
applicant , Shea Homes, enter into a second “affordable housing agreement” to provide a back-
up guarantee that the project’s inclusionary housing requirement will be satisfied should the off-
site units identified in the original agreement with Kelly Land Company not be built.
PUD 97-04(A) - KELLY RANCH VILLAGE “E”
November 1,200O
Pane 3
IV. ANALYSIS
The addition of a condition for disclosure is in the best interest of the titure residents of
Canterbury because it will provide a greater amount of information with which an‘ informed
decision regarding the purchase of home in Canterbury can be made.
Regarding the RV storage, the required area for recreational vehicle storage is 20 square feet per
residential unit. Village “E” has a total of 144 units, thereby requiring 2,880 square feet. The
proposed on-site lot for the RV facility is in excess of 6,000 square feet and satisfies the size
requirement.
The lot is adequately screened from public view in that there is a 6-foot sound attenuation wall
built on top of a 4-foot berm along Cannon Road effectively creating a lo-foot screen wall.
Additional screening is required along the interior property lines for the benefit of the future
home owners within Village “E”.
Use of the facility is not expected to generate significant traffic trips. No additional street
improvements would be necessary to accommodate a storage facility at this location,
All residential projects must satisfy the requirements of the Inclusionary Housing Ordinance.
Because of changed circumstances regarding the “core area”, the applicant can not guarantee that
this project’s share of inclusionary units will ever be built. In order for the project to be found in
compliance with the requirement to provide inclusionary housing, a second affordable housing
agreement which obligates the current owner, Shea Homes, to provide the required inclusionary
units is recommended to be added as a condition of approval. If the original agreement can be
implemented and the units in question be constructed by Archstone Communities, the terms of
the second agreement would be considered satisfied.
The Kelly Ranch Master Plan was adopted as being consistent with the Goals and Policies of the
General Plan. This proposed amendment does not affect the Master Plan’s consistency with the
General Plan. Additionally, the proposed project is consistent with the Master Plan requirement
to provide RV storage.
V. ENVIRONMENTAL REVIEW
The Kelly Ranch Village “E” project was analyzed for direct, indirect and cumulative
environmental impacts. A Mitigated Negative Declaration was issued for the project in June
1997. The proposed recreational vehicle storage facility will have no greater or lesser impact
than the approved residential lot. The lot has been graded and a wall has been constructed along
the north and west property lines. No additional impacts as a result of the proposal have been
identified. The project qualifies for a determination that the previous environmental documents
are applicable and therefore a notice of prior compliance has been issued by the Planning
Director.
PUD 97-04(A) - KELLY RANCH VILLAGE “E”
November 1,200O
Page 4
ATTACHMENTS:
1. Planning Commission Resolution No. 4839
2. Disclosure Form
3. Planning Commission Resolution No. 4226, dated January 7, 1998.
4. Exhibits “A” - “B”
CWX5
DISCLOSURE STATEMENT
‘Applicant’s statement or disclosure of cakn ownembip krests on all 8ppiications which will require discaion~ action on the part of the ciry Council or any appointed Board. Commission or Committee.
The following information JMUS? be disclosed at the time of application submittal. Your proja cannot
be reviewed until this information is compl@. Please print
lrOcnumrryriOnthtdoannmt;hwrtra,rhc~~radarityafthtrpplkst~dpmpciryownam~be
prwiddkiow.
1. APPLICANT (Not the applicant~s agux)
Provide the CoNIpwEIE. names 8nd addmses of && peons having 8 finrncirl interest in the appiication. If the afplicm iacludas a corooration or aartncrshiu, include the
names. titie. ad-es of ail individuals owning more than 10% of the shares. IF NO
INDIVIDUALS OWN MORE ‘ZHAN 10% OF THE SHARES. PLEASE INDICATE NON-
APPLICABLE (WA) IN THE SPACE BELOW. If I &Jj~lv-owned m inch& the ~~~~s.titls,~d addresses ofthe cqwrate neccssav.)
penan
Title
Addtess
7 a. OwmR (Not tile owner’s q$cnC)
oflicus. (A sepa& p&c hay be atmcbai if
W-Shea Homes Limited Partnership
Title
Mdress10721 Treena Street, Sta. 200 Sun Dlego, CA 92131
Provide the CQM ntmtr and 8ddn of && persons having any ownership
interest in the ptppny invoked. Also, provide the natulc of the legal ownership (i.e. partncrzhip, tenants in common, non-pmfif cmpomtios etc.). If the ownership jncludcs a gomomfipn aagncrshia, include the names, titlr m of all in&id&s owning mote than 10% af”& shares. IF NO INDIVIDUALS OWN MORE l?IAN 10% OF THE SH4WZS, - . PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a pyblicly-
owned comomtion, include the names. ritk and addresses of the capor+ offken. (A separmt page may be attached if necessary.)
Person +!A CorplpmShea Homes Limited PCrbICrShfp
Title Title
Address AddmrtOf21 Treena Street, Ste. 200
San Diego, CA 92131
dQmnd,*cv= - 2075 Las Palmas, Dr p.arfekgd r8 - C---S --- -. - - -. .. - . .
3. NON-PROFXI’ ORGANIZATION OR TRUST
If my penOn idanifkd PurSuMt m (1) Or (2) rbDVe iS &lWmWDfit omn-on or 1 ~J-u% lig the
names and U~CSSS Of m Won scning zs Sm OffiCCr or director of the non-profit
orgiinhion or as trustee or bsnefkiary Of the.
Non ProfiVTrus NmProfWnm
Title Title_
Add- Add=
4. H8veyouiwdmaretb8nS250~ofbosbss~ with my member of City staff.
Boards. Commissions, Commiuees urdhr Counti within the p8sttwak (12) months?
Cl Yet Q No If yes, pAuse inciiate Pc!Son(s):
NOTE: Attach addithmal she@ if m.
1c&fyrhatdlt&eaboveid~ is true and ccmectto the best of my kuowkdge.
/ tl,l13 36’ 2d I c&y f( r&i /
sfglaature of a@aneiae 4
. Rumall c. m1w
PentDrrypenamcofDwntr
Rsasell C. Haay
Prim ur type name of ipplicant
Signature of wncr/applic8nt’s agent if 8ppIiubWdatc
Print or rype name of Dwnerhppfcun’r agent
H:ADM1N\COUNtER\DtSCLOSURE SATEMEW s!98
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PLANNING COMMISSION RESOLUTION NO. 3226
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF PLANNED UNIT DEVELOPMENT PUD 97-04
FOR A SUBDIVISION OF 153 LOTS ON PROPERTY
GENERALLY LOCATED EAST OF EL CAMINO REAL AND
SOUTH OF FUTURE CANNON ROAD IN LOCAL
FACILITIES MANAGEMENT ZONE 8.
CASE NAME: KELLY RANCH VILLAGE”‘E”
CASE NO.: PUD 97-04
WHEREAS, Kelly Land Company, Inc., “Developer”, has filed a verified
application with the City of Carlsbad regarding property owned by Kelly Land Company, Inc..
“Owner”, described as
Portions of lots I and F of Ranch0 Agua Hedionda, in the County
of San Diego, State of California, according to map thereof No.
823, filed in the office of the County Recorder of said San Diego
County, November 16,1896.
(“the Property”); and .
WHEREAS, said verified application constitutes a request for a Planned Unit
Development as shown on Exhibit(s) “D” - “TT” dated January 21, 1998 ,on file in the
Planning Department, Kelly Ranch Village ‘E” PUD 97-04 as provided by Chapter 21.45 of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 21st day of January, 1998,
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of persons desiring to’be heard, said Commission considered all factors
relating to the Planned Unit Development.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
W That based on the evidence presented at the public hearing. the Commission
RECOMMENDS APPROVAL (of) Kelly Ranch Village “E” PlJD 97-01.
based on the following findings and subject to the following conditions:
Fiadinps:
1. All findings contained in Planning Commission Resolution No. 4225 shall appl? as
findings of this permit and are incorporated herein by reference.
2. That the granting of this permit will not adversely affect and will be consistent with
Chapter 2 1.45 of Title 21, the General Plan, applicable specific plans. master plans. and
all adopted plans of the City and other governmental agencies, in that the project is
proposing densities below the Growth Management Control Point; the mitigation of
onsite surface runoff so as not to affect on and offsite downstream properties is
required; prior to recordation of the final map an affordable housing agreement
must be entered into which provides for and deed restricts dwelling units as
affordable to lower income households for the useful life of the dwelling units; the
construction of a portion of Cannon Road and access to this subdivision from it is
required; prior to occupancy the construction of noise walls to meet the standards
contained within the General Plan is required; and all densities, setbacks, parking,
recreational space, streets, and storage meet the minimum standards of the Kelly
Ranch Master Plan and the Planned Development Ordinance.
3. That such use will not be detrimental to the health, safety, or general welfare of persons
residing or working in the vicinity, or injurious to property or improvements in the
vicinity, in that a) all necessary mitigation of potentially adverse environmental
impacts are incorporatkd into the project’s design or are conditions of approval; b)
the project is conditioned to construct all necessary public improvements; and c) the
project is consistent with all applicable City design and development standards.
4. That the proposed Planned Development meets all of the minimum development
standards set forth in Chapter 21.45.090, the design criteria set forth in Section 21.45.080,
and has been designed in accordance with the concepts contained in the Design
Guidelines manual, in that a) the project is consistent with the Planned Development
standards for building height, setbacks, private recreational open space,
recreational vehicle parking and guest parking; and b) the design is compatible with
surrounding land uses and circulation patterns through its opportunity for
connection with potential adjacent single family development and provides for
adequate usable open space that is readily accessible to residents.
5. That the proposed project is designed to be sensitive to and blend in with the topography
of the site, and maintains and enhances significant natural resources on the site, in that
PC RESO NO. 4226 -2- lB
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the grading design preserves the major ridegelines and is consistent lvith the
topography by terracing the development from the west to the east.
6. That the proposed project’s design and density of the developed portion of the site is
compatible with surrounding development and does not create a ‘disharmonious or
disruptive element to the neighborhood, in that the proposed lots are substantially the
same as those within the existing adjacent residential development and the homes
being proposed are also similar in scale.
7. That the project’s circulation system is designed to be effkient and well integrated with
the project and does not dominate the project, in that the streets are designed consistent
with the standards of the City which include a curvature emulating the existing
topography.
8. That the project complies with the intent of Council Policy 44 regarding guidelines
for the development of small lots in that the project architecture provides street-
oriented design with the incorporation of front porches and varied building planes
which does not appear boxy.
Conditions:
1. Staff is author&d and directed to make, or require Developer to make. all corrections
and modifications to the Planned Unit Development document(s), as necessary, to make
them internally consistent and in conformity with final action on the project.
Development shall occur substantially as shown in the approved Exhibits. Any proposed
development different from this approval, shall require an amendment to this approval.
2. This approval is subject to the approval of Carlsbad Tract CT 96-07 and all of the
conditions of Planning Commission Resolution No. 4225 are incorporated herein by
reference.
3. This approval will become null and void with the expiration, withdrawal, or denial
of CT 96-07.
. . .
. . .
PC RESO NO. 4226 -3-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the plmnln~ j
Commission of the City of Carlsbad. California. held on the 21st day of Januaq. 1998. h!. the
following vote, to wit: - .
AYES: Chairperson Noble, Commissioners Compas. Heineman.
Monroy, Nielsen, Savary. and Welshons
NOES:
ABSENT:
ABSTAIN:
ATTEST:
MICHAEL J. H6&MILkkR
Planning Director
PC RESO NO. 4226 -4
PLANNING COMMISSION January 3,200l
EXHIBIT 5
Page 7
CONTINUED PUBLIC HEARING:
2. PUD 97-04(A) - KELLY RANCH VILLAGE “E” - Request for approval of amendments to add
disclosure regarding a potential permanent sewer pump station adjacent to the subdivision, to
address changed circumstances regarding the provision of the inclusionary housing, and to allow
on-site recreational vehicle storage within the subdivision boundaries of Kelly Ranch Village “E”,
generally located east of El Camino Real and south of Cannon Road in Local Facilities
Management Zone 8.
In the absence of the Project Planner, Christer Westman, and Project Engineer, Mike Shirey, Assistant
Planning Director, Gary Wayne presented the staff report as follows: This is a request for an amendment to
the Planned Unit Development 97-04(A), which is Village “E” for Kelly Ranch. Originally this project was
approved as a 144 unit Planned Unit Development, all single-family, detached houses on smaller than
normal R-1-75100 square foot lots. It complied with all of the ordinances and the policies at the time it was
approved by the City. Two of the responsibilities of the project that were to be satisfied, off-site, were the
inclusionary housing responsibility, which is approximately twenty-two dwelling units, and the R.V. storage
responsibility, which is approximately 2,880 square feet. Subsequent to the approval of this project, the City
also approved the Kelly core project which is the balance of the Kelly Ranch which was once a Master
Planned Community approved in the early 1980’s. The approval of the Kelly core project included the
inclusionary housing units for Kelly Village “E” and also included the additional R. V. storage space.
However, when the project went before the California Coastal Commission, the Coastal Commission
approved the project with twenty-five pages of suggested modifications and certified the Local Coastal
Program Amendment. Subsequent to that, the City has agreed to accept those twenty-five pages of
modifications, some of which will cause major re-design of the Kelly core project. Therefore, it called into
question the ability to satisfy the Kelly “E” responsibilities, off-site, within the Kelly core. Also, the original
approval resolutions were conditioned to have the R. V. storage, in place, prior to the one hundred and first
dwelling unit, otherwise no further building permits would be issued. There are still forty-three dwelling
units to be built and the applicant now wishes to move forward with their construction. However, before the
project can move forward, the R. V. storage area must be constructed. The applicant is now proposing to
put this R. V. storage area on Lot. No. 17, at the west end of the project site next to the boundary of the
project and the desiltation basin. The area also houses a temporary sewer pump station. Ideally, when
Kelly core is ultimately re-designed and approved, it will contain the R. V. storage to satisfy Kelly‘E” but it is
not certain. Therefore, this project has been conditioned to process an amendment to the Planned Unit
Development that would be consistent with the City’s ordinance in order to move the RV storage off-site.
However, it is anticipated that the applicant will be doing this, and will eventually come back to ask for
approval to construct a house on Lot. No. 17. In addition, since the City does not know whether the Kelly
core project can be built as it was originally approved by the City (and subsequently changed through the
Coastal Commission’s actions), staff is rather concerned about the fulfillment of the inclusionary housing
responsibility for the Kelly “E” project. A condition has been added that requires an affordable housing
agreement to be entered into, that provides the City with security (in the way of property), if the original Kelly
core subdivision never comes to fruition. There has been discussion with the owners of Kelly core and they
have exhibited a willingness to provide the City with a property security that is basically the existing property
in it’s un-subdivided state. Therefore the City could go out with money that has also been put up as security
and find a non-profit organization that is in the business of providing affordable housing, ultimately satisfying
the inclusionary housing responsibilities of Kelly “E.” Finally, several months ago, the Planning Commission
approved a Conditional Use Permit for a sewer pump station along Cannon Road, to the west of this
project. It was approved by the City and sent to the wildlife agencies where they found issue with its
location with respect to sensitive habitat. Other locations have been explored in an effort to find a more
suitable location for this major sewer pump station. The pump station is absolutely necessary because,
without it, no further development can occur in certain portions of the City. Currently, the preferred location
is within the desiltation basin. There is a temporary station there and the City is requiring (as a condition of
approval) the disclosure and notice to the future residents, at the west end of the project, that there will be a
permanent sewer pump station there. As with all sewer pump stations, there is always the possibility of
noise, odor, etc. In conclusion, Staff is recommending approval of this amendment as conditioned in
PLANNING COMMISSION January 3,200l Page 8
Resolution No. 4839 which is a three part resolution. Staff has included an Errata Sheet amending Part “C”
of that resolution.
When asked if the applicant is in agreement with the Errata Sheet, Mr. Wayne replied that to his knowledge,
the applicant is in agreement. He also stated that the applicant was present and could speak to that issue if
necessary.
Commissioner Nielsen asked if the project has more than one developer.
Mr. Wayne replied that Kelly core is owned by Hillman Properties, West, and Kelly “E” is owned by Shea
Homes. He further stated that the two developers have an agreement, between them, regarding the
security and that it doesn’t matter which one actually provides the security, so long as there is security given
and it meets the approval of the Planning Director
Applicant’s representative, Ryan Green, 10721 Trieste St., Suite 200, San Diego, stated that he had nothing
to add but is available to answer questions.
Commissioner Compas asked Mr. Green if he is satisfied with their agreement with Kelly core, and if this
item is approved, will they be in agreement with it.
Mr. Green replied that under the circumstances, the agreement that has been struck, is the best they could
do at this time. He also stated that they will accept the amendments as presented to the Commission.
Chairperson Segall opened the Public Hearing. Seeing no one wishing to testify, Chairperson Segall closed
the Public Hearing and asked for a motion.
MOTION:
ACTION: Motion by Commissioner Trigas, and duly seconded, to adopt Planning
Commission Resolution No. 4839, recommending approval of the addition of
conditions requiring disclosure, satisfaction of inclusionary housing requirements
through an “affordable housing agreement” and allowing on-site recreational
vehicle storage as an amendment to PUD 97-04, based on the findings and
subject to the conditions contained therein, including the Errata Sheet as
presented by Staff.
VOTE:
AYES:
NOES:
ABSTAIN:
7-o-o
Segall, Trigas, Nielsen, Baker, Heineman, L’Heureux, Compas
None
None
Mr. Wayne advised that this item will be forwarded to the City Council for its approval.
(Form A)
TO: CITY CLERK ’ S OFFICE
FROM: PLANNING DEPARTMENT
RE: PUBLIC HEARING REQUEST
Attached arc the materials necessary for you to notice
PUD 97-04(A) - Kelly Ranch Village "E" Amendment
for a public hearing before the City Council.
Please notice the item for the council meeting of First Available Hearing
.
Thank you.
January 25, 2001
Date
City of Carlsbad
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will hold a
hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00
p.m. on Wednesday, November 1, 2000, to consider a request for approval of amendments to
add disclosure regarding a potential permanent sewer pump station adjacent to the subdivision
and to allow on-site recreational vehicle storage within the subdivision boundaries of Kelly
Ranch Village “E” generally locatedwf El Camino Real and south of Cannon Road in Local
Facilities Management Zone 8 and more particularly described as:
Portions of lots I and F of Ranch0 Agua Hedionda, in the County of
San Diego, State of California, according to map thereof No. 823, filed
in the office of the County Recorder of said San Diego County,
November 16,1896.
Those persons wishing to speak on this proposal are cordially invited to attend the hearing.
Copies of the staff report will be available on and after October 26, 2000. If you have any
questions, please call Christer Westman in the Planning Department at (760) 602-4614.
If you challenge the minor amendment to a Planned Unit Development in court, you may be
limited to raising only those issues you or someone else raised at the public hearing described
in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the
hearing.
CASE FILE: PUD 97-04(A)
CASE NAME: KELLY RANCH VILLAGE “E” AMENDMENT
PUBLISH: OCTOBER 19,200O
CITY OF CARLSBAD
PLANNING DEPARTMENT
1635 Faraday Avenue l Carlsbad. CA 92008-7314 l (760) 602-4600 l FAX (760) 602-8559 l www.ci.carlsbad.ca.us @
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5418 DON F IPE DR
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CARLSBAD CA 92008-3917
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5411 DON FELIPE DR
CARLSBAD CA 92008-3917
CA 92008-3927
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HiLLMAN PROPERTIES WEST 2011 PALOMAR AIRPORT RD CARLSBAD CA 92009-1432
AIRPORT RD
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RUSSELL B COATS WILLIAM D VANTASSEL
2340 SUMMERWIND PL 4989 EUCALYPTUS LN
CARLSBAD CA 92008 CARLSBAD CA 92008
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AUBREY M KUEPPER 2324 SUMMERWIND PL CARLSBAD CA 92008
DONNA KLUESNER 2344 SUMMERWIND PL CARLSBAD CA 92008
ROBERT C NOWAKOWSKI TIMOTHY & KELLY HUCKABY 5158 FROST AVE 5154 FROST AVE CARLSBAD CA 92008-3837 CARLSBAD CA 92008-3837
ROBERT J WILSON JOHN W SCHOENING DAVID & LORI RESETCO
5150 FROST AVE 5146 FROST AVE 5142 FROST AVE
CARLSBAD CA 92008-3837 CARLSBAD CA 92008-3837 CARLSBAD CA 92008-3837
CURTIS S WOOLLEY RICHARD & LOU ROSENFELD KENNETH B & CINDY KENG
5138 FROST AVE 5134 FROST AVE 5132 FROST AVE
CARLSBAD CA 92008-3837 CARLSBAD CA 92008-3837 CARLSBAD CA 92008-3837
ERIC & DIANA HANDOJ PAUL A CERVONE MICHAEL A ROTH
5128 .FROST AVE 5124 FROST AVE 5120 FROST AVE CARLSBAD CA 92008-3837 CARLSBAD CA 92008-3837 CARLSBAD CA 92008-3837
DAVE S & KATHLEEN THOMA RONALD P IRICK VIREN N &-KAVITA MEHTA 5118 FROST AVE 5114 FROST AVE 1465 SAPPHIRE DR CARLSBAD CA 92008-3837 CARLSBAD CA 92008-3837 CARLSBAD CA 92009-1'229
212-152-h JEROME EVANS POI-, EVANS POINT HOMEOWNERS 5110 FROST AVE 10721 TREENA. 10721 TREENA ST 200 CARLSBAD CA 92008-3837 SAN DIEGO SAN DIEGO CA 92131-1039
*** 504 Printed ***
KELLY LAND co
2011 PALOMAR AIRPORT RD
CARLSBAD CA 92009-1432
CAROL A THOMSON RD 2348 SUMMERWIND PL CA 92009-1432 CARLSBAD CA 92008
208-040-06-08 208-040-07
A notice has been mailed to
all property ownersloccupants
8
Signature: ’ HI. d
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will
hold a hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad,
California at 6:00 p.m., on Tuesday, February 13, 2001 to consider a request for
approval of amendments to add disclosure regarding a potential permanent
sewer pump station adjacent to the subdivision and to allow on-site recreational
vehicle storage within the subdivision boundaries of Kelly Ranch Village “E”
generally located west of El Camino Real and south of Cannon Road in Local
Facilities Management Zone 8 and more particularly described as:
Portions of lots I and F of Ranch0 Agua Hedionda, in the County
of San Diego, State of California, according to map thereof No.
823, filed in the office of the County Recorder of said San Diego
County, November 16, 1896
Those persons wishing to speak on this proposal are cordially invited to attend
the hearing. Copies of the staff report will be available on and after February 9,
2001. If you have any questions, please call Christer Westman in the Planning
Department at (760) 602-4614.
If you challenge the minor amendment to a Planned Unit Development in court,
you may be limited to raising only those issues you or someone else raised at
the public hearing described in this notice or in written correspondence delivered
to the City of Carlsbad at or prior to the hearing.
CASE FILE: PUD 07-04 (A)
CASE NAME: KELLY RANCH VILLAGE “E” AMENDMENT
PUBLISH: FEBRUARY 3,200l
CITY OF CARLSBAD
CITY CLERK’S OFFICE
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CARLSBAD UNIF SCHOOL DIST
801 PINE AVE
CARLSBAD CA 92008
CITY OF OCEANSIDE
300 NORTH COAST HWY
OCEANSIDE CA 92054
LAFCO
1600 PACIFIC HWY
SAN DIEGO CA 92101
REGIONAL WATER QUALITY
STE B
9771 CLAIREMONT MESA BLVD
SAN DIEGO CA 92124-I 331
U.S. FISH &WILDLIFE
2730 LOKER AVE WEST
CARLSBAD CA 92008
CITY OF CARLSBAD
PUBLIC WORKS/COMMUNITY
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CITY OF CARLSBAD
PROJECT PLANNER
CHRISTER WESTMAN
l/25/2001
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CITY OF ENCINITAS
505 S VULCAN AVE
ENCINITAS CA 92024
CITY OF VISTA
PO BOX 1988
VISTA CA 92085
AIR POLLUTION CNTRL DIST
9150 CHESAPEAKE DR
SAN DIEGO CA 92123
SD COUNTY PLANNING
STE B
5201 RUFFIN RD
SAN DIEGO CA 92123
CA COASTAL COMMISSION
STE 103
7575 METROPOLITAN DR
SAN DIEGO CA 92108-4402
CITY OF CARLSBAD
PUBLIC WORKS/ENGINEERING
DEPT
CITY OF SAN MARCOS
1 CIVIC CENTER DR
SAN MARCOS CA 92069-2949
CALIF DEPT OF FISH & GAME
STE 50
330 GOLDENSHORE
LONG BEACH CA 90802
SANDAG
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401 B STREET
SAN DIEGO CA 92101
I.P.U.A.
SCHOOL OF PUBLIC ADMIN AND
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SAN DIEGO STATE UNIVERSITY
SAN DIEGO CA 92182-4505
CITY OF CARLSBAD
MUNICIPAL WATER DISTRICT
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KELLY LAND CO 2011 PALOMAR AIRPORT RD CARLSBAD CA 92009-1432
208-040-06-08
RUSSELL B COATS 2340 SUMMERWIND PL
CARLSBAD CA 92008
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DONNA KLUESNER
2344 SUMMERWIND PL
CARLSBAD CA 92008
212-151-04 ROBERT J WILSON 5150 FROST AVE CARLSBAD CA 92008-3837
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CURTIS S WOOLLEY
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CARLSBAD CA 92008-3837
212-151-10 ERIC & DIANA HANDOJ 5128 FROST AVE CARLSBAD CA 92008-3837
212-151-13 DAVE S & KATHLEEN THOMA 5118 FROST AVE CARLSBAD CA 92008-3837
212-151-15 JEROME 5110 FROST AVE CARLSBAD CA 92008-3837
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CAROL A THOMSON AIRPORT RD 2348 SUMMERWIND PL
CA 92009-1432 CARLSBAD CA 92008
208-040-07 208-040-08 WILLIAM D VANTASSEL AUBREY M KUEPPER 4989 EUCALYPTUS LN 2324 SUMMERWIND PL CARLSBAD CA 92008 CARLSBAD CA 92008
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RICHARD & LOU ROSENFELD KENNETH B & CINDY KENG
5134 FROST AVE 5132 FROST AVE
CARLSBAD CA 92008-3837 CARLSBAD CA 92008-3837
212-151-11 212-151-12 PAUL A CERVONE MICHAEL A ROTH 5124 FROST AVE 5120 FROST AVE CARLSBAD CA 92008-3837 CARLSBAD CA 92008-3837
212-151-14 212-151-15
RONALD P IRICK VIREN N & KAVITA MEHTA
5114 FROST AVE 1465 SAPPHIRE DR
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212-152-02
EVANS PO1 HOMEOWNERS EVANS POINT HOMEOWNERS
ST 200 10721 TREENA ST 200 92131-1039 SAN DIEGO CA 92131-1039
*** 504 Printed ***
_ 168-050-17
ROBERTSON
5056 EL CAMINO REAL
CARLSBAD CA 92008-3772
168-OSO-37-01 VA PO BOX 942835 SACRAMENTO :A 94295
LSBAD PARTNER
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168-050-3 RICHARD F 3345 DON CARLSBAD 92008-3915
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3322 DONiQUIXOTE DR
CARLSBADtCA 92008-3943
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CHARLES a$ GENSLER
3301 DONiTOMASO DR
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6171 W NTURY BLVD 100
LOS z ANG e ES C 90045-5300
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HAROLD ALEXANDER
3348 DON! TOMASO DR
CARLSBAD:CA 92008-3951
168-050-37-17
RANCH0 CARLSBAD PARTNER
6171 W CENTURY BLVD 100
LOS ANGELES C 90045-5300
168-050+37-20
RITA J FANNING 3301 DON DIABLO DR CARLSBAD CA 92008-3915
168-056-37-23 VA 925 B ST SAN DIEGO CA 92101-4628
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3337 DON DIABLO DR CARLSIAD CA 92008-3915
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6171 ii CENTURY BLVD 100
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PROOF OF PUBLICATION This space is for the County Clerks Filing Stamp
(2010 & 2011 C.C.P.) Jx?M 23
STATE OF CALlFORNlA
County of San Diego
I am a citizen of the United States and a resident of the County aforesaid: I am over the age of
eighteen years and not a party to or interested in
the above-entitled matter. I am the principal clerk
of the printer of
North County Times
formerly known as the Blade-Citizen and The
Times-Advocate and which newspapers have been adjudged newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the cities of Escondido, Oceanside, Cartsbad, Solana Beach
and San Diego County; that the notice of which
the annexed is a printed copy (set in type not
smaller than nonpareil), has been published in each regular and entire issue of said newspaper
and not in any supplement thereof on the following dates, to-wit:
FEbruary 3, 2001
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Dated at San Marcos , California
this
5th day
February, 2001
J-/34??
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Proof of Publication of
Notice of Public Hearing
NOTICEI HEREBY GIVEN that the City Couni of the City of Carlsbaq will hold a h&ring at the :Chamba~. 1200 Ga$3bad Village Drwa, v&ad, ‘$&li@mia :Bt WO ‘p.m., on ,-%+lay, j Fetmav >3,2001. to cyindd& kqqutwt for apprwal of amsndments to +I dlciclosure immpding a‘ poteinial permaneni sawer pump statton adjacent to the subdiision and to allow ‘on-sits recreational
8.d more II. . . , ._ .
Those persons wishing to speak on this prop&al are cordially invited to attend the hearing. copies of‘tha staff report ,wifl bB availabfs on and after February 9, 2001. If you have any questions, please call Christer We!&nv-in thf$ PtanMngDi#art&nt at (7sO) 602-4614,
.If you .r$&iehgp the minor amendment to a Planned Uriit Development in court, you may be liiitetLt0 raising only tfiose issuad you or someone @se m&&at the publk hearing d+c#ed in this nytjce or’ in written corraspc@&&e ~kveredtotheCiiofCarl&a$a.,or prior to,y!hm. ’ ‘.~ CASE FILE: PUD 07-04 (A) :
CASE ,,,,,k: K&-y f&& ”
VILLAGE T’ AMENDMENT _
NORTH COUNTY TIMES
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