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HomeMy WebLinkAbout2001-06-12; City Council; 16222; Kelly RanchCITY OF CARLSBAD -AGENDA BILL AB# &,;32> TITLE: KELLY RANCH MTG. b-id-d GPA OO-09/ZCA OO-06/CT 97-16(A)/HDP 97-17(A) CDP 9743(A)/SDP 98-04(A)/CDP 98-66(A) DEPT. PLN a&- SDP 98-18(A)/CDP 98-70(A) RECOMMENDED ACTION: CITY MGFii That the City Council INTRODUCE Ordinance No. Ns-58 7 , Carlsbad AMENDING the Zoning Ordinance Chapter 21.203 and ADOPT Resolution No. aool-I d< , ADOPTING the Negative Declaration, and APPROVING General Plan Amendment GPA 00-09, CT 97-16(A), HDP 97-17(A), CDP 97-43(A), SDP 98-04(A), CDP 98-66(A), SDP 98-18(A), and CDP 98-70(A) based upon the findings contained therein. ITEM EXPLANATION: The Kelly Ranch “Core Area” tentative tract map, associated permits, and associated legislative actions, including Local Coastal Program Amendment (LCPA 97-09), were reviewed by the Planning Commission and the City Council and approved in 1999. Subsequently the California Coastal Commission reviewed LCPA 97-09 and approved it subject to the addition of numerous modifications. Most significantly, the modifications included avoidance of wetlands within an existing Planning Area “D” detention basin, preservation of additional open space adjacent to Planning Area “J”, incorporation of several development standards into the Mello II and Agua Hedionda segments of the Local Coastal Program, and incorporation of the same development standards into the Coastal Resource Protection Overlay Zone (Chapter 21.203) of the Zoning Ordinance. The City Council approved the Coastal Commission suggested modifications as an amendment [LCPA 97-09(A)] and directed staff to follow-up with the legislative actions necessary to implement the suggested modifications and to process the physical changes to the Kelly Ranch tentative tract map and associated permits to make them consistent with the new standard of review. The project is the follow-up legislative and development permit action required by the City Council and includes a General Plan Land Use Amendment, text additions to Chapter 21.203 of the Zoning Ordinance and changes to the Kelly Ranch “Core Area” tentative tract map and associated permits. More details and analysis of the project is in the attached Planning Commission report dated May 2, 2001. The Planning Commission unanimously recommended that the City Council approve the project. ENVIRONMENTAL: The proposed General Plan Amendment and Zone Code Amendment are actions required by the California Coastal Commission in adoption of the Local Coastal Program and subsequent adoption of LCPA 97-09(A) by the City of Carlsbad and are therefore statutorily exempt from the provisions of the California Environmental Quality Act (CEQA). Environmental analysis was conducted on the original project through an Environmental Impact Report (EIR). For the adjudicatory actions, the proposed amendments were reviewed against-the findings of the certified EIR and no new significant adverse effects were identified. Based on data and conclusions of the Certified EIR, the project will result in cumulative impacts to air quality and traffic/circulation which cannot be fully mitigated. A statement of overriding considerations pursuant to Sections 15093 and 15126(b) of the CEQA Guidelines was adopted when the EIR was certified and apply to the amended project. No new significant project level PAGE 2 OF AGENDA BILL NO. j(,g ! @%- impacts have been identified for biological resources, land use, visual resources, noise, and archeological and paleontological resources. A notice of intent to issue a Negative Declaration has been published for the proposed amendments. FISCAL IMPACT: The project will provide funding for major public improvements in Local Facilities Management Zone 8, including a portion of Cannon Road. All private development costs will be borne by the developer. Approval of the proposal will not include any City fiscal obligation. EXHIBITS: 1. 2. 3. 4. 5. City Council Ordinance No. N 5 -5 g? City Council Resolution No. a I - I bS Location Map Redline-Strikeout Version of Ordinance Planning Commission Resolutions No. 4960, 4961, 4962, 4963, 4964, 4965, 4966, 4967, 4968, and 4969 6. Planning Commission Staff Report and exhibits, dated May 2, 2001 7. Excerpt of Planning Commission Minutes, dated May 2, 2001. i 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 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 t?om 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 storm water 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: i. 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; ii. Use porous materials for or near walkways and driveways where feasible; . . . 111. Incorporate design elements which will serve to reduce directly connected impervious area where feasible. Gptions include the use of alternative design features such as concrete grid driveways, and/or pavers for walkways. iv. Runoff t?om driveways, streets and other impervious surfaces shall be collected and directed through a system of vegetated and/or gravel filter strips or other -4- media devices, where feasible. Selected filter elements shall be designed to 1) tral sediment, particulates and other solids and 2) remove or mitigate contaminate; through infiltration and/or biological uptake. The drainage system shall also bl designed to convey and discharge runoff from the building site in a non-erosive manner. V. Selected BMPs shall be engineered and constructed in accordance with thl design specifications and guidance contained in the California Stormwater Bes Management Practices Handbook (Municipal). vi. 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 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 nmoff entering the stormwater conveyance system, OI any receiving water body. Options to meet this requirement include the use oj vegetative filter strips or other media filter devices, clarifiers, grassy swales or berms vacuum devices or a combination thereof. Selected BMPs shall be designed tc collectively infiltrate, filter or treat the volume of runoff produced by 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 specificatione provided in the California Stormwater Best Management Handbooks Handbooks (Commercial and Industrial). All Development A public education program shall be 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. A landscape management plan shall be created that includes herbicide/pesticide 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 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 stage -5 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION VII: That Section 21.203.040 of the Carlsbad Municipal Code is amended by the addition of Subsection 21.203.040 (G) to read as follows: 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: 1. Landscaping and Setbacks: Use of trees or tie retardant vegetation with substantial height as a landscape screen and/or setbacks from the ridgelines and open space areas; 2. Building 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 building materials shall be preferred. Roof colors shall be low intensity colors which blend with the environmental setting of the project; 3. Residential Building Height: Maximum height limits and variation in roof heights shall be utilized, as necessary, to minimize visibility of structures from scenic public roadways, public vista points and public trails. SECTION VIII: That Section 21.203.040 of the Carlsbad Municipal Code is amended by the addition of Subsection 21.203.040 (H) to read as follows: H. Within the Kelly Ranch, landscaping shall be utilized as a visual buffer and be compatible with the surrounding native vegetation and preserved open space by incorporation of the following measures: 1. 2. 3. 4. All residential 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 drought tolerant to the maximum extent feasible. Ornamental (non-invasive) vegetation shall be permitted in the interior of residential subdivisions only; Approved landscaping shall be installed immediately upon completion of construction and maintained by the property owners in good growing condition for the life of the development; Landscape screening of structures, including specimen trees and fire 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; The landscape treatment shall 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 -6- EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in a newspaper of general circulation within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 12th day of June ,2001, and thereafter. PASSED AND ADOPTED at a regular meeting of said City Council held on the day of ,2001, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: CLAUDE A. LEWIS, Mayor ATTEST: LORRAINE M. WOOD, City Clerk -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2001-165 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING A NEGATIVE DECLARATION, AND APPROVING AMENDMENTS TO PREVIOUSLY APPROVED DISCRETIONARY ACTIONS TAKEN BY THE CITY OF CARLSBAD ON THE KELLY RANCH “CORE AREA” REDUCING THE NUMBER OF SINGLE FAMILY RESIDENTIAL LOTS BY SEVEN, REDUCING THE NUMBER OF APARTMENT UNITS BY 43, RELOCATING FUTURE DAY CARE AND RECREATIONAL VEHICLE STORAGE AREAS, ESTABLISHING MODIFIED OPEN SPACE PRESERVATION AREAS, AMENDING THE CARLSBAD ZONING ORDINANCE TO MODIFY REGULATIONS RELATING TO COASTAL RESOURCES, AND AMENDING THE GENERAL PLAN LAND USE MAP ON PROPERTY GENERALLY LOCATED SOUTH OF CANNON ROAD AND EAST OF FARADAY AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 8. CASE NAME: KELLY RANCH CASE NO.: GPA 00-09/ZCA 00-06/CT 97-16(A) HDP97-17(A)CDP 97+3(A)/SDP 98-64(A) CDP 98-66(A)SDP 98-18(A)/CDP 98-70(A) The City Council of the City of Carlsbad, California, does hereby resolve as follows: WHEREAS, on May 2, 2001, the Carlsbad Planning Commission held a duly noticed hearing to consider a proposed Negative Declaration, General Plan Amendment, Zone Code Amendment, Tract Map amendment, Hillside Development Permit amendment, Coastal Development Permit amendments, and Site Development Plan amendments to cause the Kelly Ranch project to be consistent with the Local Coastal Program as amended by LCPA 97-09(A); and WHEREAS, the City Council accepted the Coastal Commission suggested modifications as proposed by the Coastal Commission on December 12, 2000. The Kelly Ranch project has been redesigned to comply with the suggested modifications as proposed by the Coastal Commission, and no change to the suggested modifications as proposed by the Coastal Commission will be effectuated by these City Council actions; and WHEREAS, the City Council of the City of Carlsbad, on 1.2th .day of June , 2001, held a duly noticed public hearing to consider the recommendation and heard all persons interested in, or opposed to, GPA 00-09/ZCA 00-06/CT 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 ~ 97-l G(A)/HDP 97-l 7(A)/CDP 97-43(A)/SDP 98-04(A)/CDP 98-66(A)SDP 98-l 8(A)/CDP 98- 70(A); and WHEREAS, an Initial Study was prepared for all of the actions associated with Kelly Ranch project, and it was determined that a Negative Declaration could be issued for the project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the recommendations of the Planning Commission for the approval of a Negative Declaration, General Plan Amendment (GPA 00-09) Zone Code Amendment (ZCA 00-06), Carlsbad Tract amendment [CT 97-16(A)], Hillside Development Permit amendment [HDP 97-17(A)], Coastal Development Permit amendment [CDP 97-43(A)], Site Development Permit amendment [SDP 98-04(A)], Coastal Development Permit amendment [CDP 9866(A)], Site Development Plan amendment [SDP 98-18(A)], and Coastal Development Permit amendment [CDP 98-70(A)] are approved and the findings and conditions of the Planning Commission contained in Planning Commission Resolutions No. 4960, 4961, 4962, 4963, 4964, 4965, 4966, 4967, 4968, and 4969 on file with the City Clerk and incorporated herein by reference, except as amended by the following are the findings and conditions of the City Council: A. Amend Condition No. 27 Planning Commission Resolution No. 4963 (CT 97-16(A)) and add condition as amended to Planning Commission Resolution No. 4965 (CDP 97- 43W . The Developer or their successors shall dedicate on the final map, an open space conservation easement for all/or those portions of Lots 77, 78, 79, 80, 81, 83, 157, 158, 159, 160, 163, 164, 166, 170, and the remainder parcel which are in steep slopes, wetlands, coastal sage scrub, other constrained land, plus all other lands set aside as part of the Citywide Open Space System and the LCP Kelly Ranch Open Space as shown on the LCP Kelly Ranch Open Map to prohibit any encroachment or development, including but not limited to fences, walls, decks, storage buildings, pools, spas, stairways and landscaping, as shown on Exhibits ‘A” - “M”. B. Add Condition to Planning Commission Resolutions No. 4963 (CT 97-16(A)) and 4965 (CDP 9743(A)) Prior to the approval of a final map or issuance of a grading permit, which ever occurs first, the Developer shall execute a document or documents to the satisfaction of the Planning Director and the City Attorney which accomplish at a minimum the following: a. Continued ownership by the Developer or its successors in interest of the land within the conservation easement until some future date at which time ownership will be transferred to the City or its designee for perpetual maintenance; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 b. While in continued private ownership, active maintenance to protect and preserve the quality of the habitat (including but not limited to reasonable prevention of trespass); and, c. Transfer of ownership and maintenance responsibility at some future date to the City or its designee simultaneously with transfer of funding or other acceptable financial mechanism to provide for management and conservation in perpetuity. (The cost of management is currently estimated to be approximately $85.00 per acre per year.) C. Amend Condition No. 28 Planning Commission Resolution No. 4963 (CT 97-16(A)) Removal of native vegetation and development of Open Space Lot(s) 77, 78, 79, 81, 83, 157, 158, 159, 160, 163, 164, 166, 170, including but not limited to fences, walls, decks, storage buildings, pools, spas, stairways and landscaping, other than that approved as part of the grading plan, improvement plans, biological m-vegetation program, landscape plan, etc. as shown on Exhibits “A” - “M”, is specifically prohibited, except upon written order of the Carlsbad Fire Department for fire prevention purposes, or upon written approval of the Planning Director, and California Coastal Commission if in Coastal Zone, based upon a request from the Homeowners Association accompanied by a report from a qualified arborisffbotanist indicating the need to remove specified trees and/or plants because of disease or impending danger to adjacent habitable dwelling units. For areas containing native vegetation the report required to accompany the request shall be prepared by a qualified biologist. D. Amend Condition No. 58 Planning Commission Resolution No. 4963 (CT 97-16(A)) Prior to the approval of Final Map or issuance of a grading permit, whichever occurs first Developer or their successors shall cause Owner to dedicate or make an irrevocable offer of dedication to the City for the Cannon Road right-of-way and Lot 82 for a permanent South Agua Hedionda interceptor sewer lift station located on Lot 82 or as negotiated with the developer or their successors. All land so offered shall be granted to the City free and clear of all encumbrances with the exception of existing utility easements and without cost to the City. The City will only accept any irrevocable offer of dedication for Lot 82 if all required regulatory permits have been issued for the lift station. E. Amend Condition No. 61D Planning Commission Resolution No. 4963 (CT 97-16(A)) Construct full Major Arterial improvements to Cannon Road, including the landscaped raised median, from the southerly boundary of Kelly Ranch Village “E” (CT 96-07) to the southerly boundary of CT 97-16(A). If the Kelly Ranch Core Area project does not go forward and as a result the City elects to construct Cannon Road, and surcharges Cannon Road to accommodate the Kelly Ranch Core Area project, then the Developer of the Kelly Ranch Core Area shall complete their frontage improvements when the Developer goes forward with the core area project. Developer has agreed that any additional costs to surcharge Cannon Road to accommodate the Kelly Ranch Core Area project shall be assumed solely by the developer. If the Kelly Ranch Core Area project does not go forward and as a result the City elects to construct Cannon Road, without surcharging Cannon Road to accommodate -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the Kelly Ranch Core Area project, then when such core area project does go forward the Developer of the Kelly Ranch Core Area shall redesign (i.e., pull back or implement some other mitigation measure to the satisfaction of the City Engineer) the slopes along Cannon Road so that the slopes do not negatively impact Cannon Road due to soil settlement; and, the Developer shall also wmplete their frontage improvements when the developer goes forward with the core area project. If the Kelly Ranch Core Area slopes along Cannon Road have to be redesigned pursuant to this condition, then the project may be required to go back before Planning Commission and/or City Council for amendment. The developer has entered into a reimbursement agreement dated December 15, 1998 and shall be eligible for fee credit and/or reimbursement for their portion of the Cannon Road common improvements as defined in the Cannon Road West Bridge & Thoroughfare District. F. Add condition to Planning Commission Resolution No. 4965 (CDP 97-43(A)) Prior to the issuance of a grading permit, the Developer or their successors shall obtain approval of a fire suppression plan consistent with the Mello II segment of the Local Coastal Program from the Carlsbad Fire Department. G.Add condition to Planning Commission Resolutions Nos. 4965 (CDP 97-43(A)), 4967 (CDP 98-66(A)) and 4969 (CDP 98-70(A)) Public vista points and trails shall be provided as shown on the approved exhibits. H. Add condition to Planning Commission Resolutions No. 4967 (CDP 98-66(A)) and 4969 (CDP 98-70(A)) Building setbacks and heights shall be provided as shown on the approved exhibits. In addition, exterior wall and roof wlors shall be of low intensity earth or vegetative tones. Stucco with accent material such as tile, natural stone, or other compatible natural materials shall be preferred. Roof colors shall be low intensity wlors which blend with the environmental setting of the project. I. Add condition to Planning Commission Resolutions No. 4967 (CDP 98-66(A)) and 4969 (CDP 98-70(A)) Prior to the issuance of a grading permit, the Developer or their successors shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan, the City’s Landscape Manual, and the Mello II segment of the Carlsbad Local Coastal Program. The Developer or their successors shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 3. This action shall become effective upon wncurrence by the California Coastal Commission with the Executive Director’s report of acceptance of the suggested modifications for Carlsbad LCPA 2-99D [reference Carlsbad LCPA 97-09(A)] as submitted by the City of Carlsbad. The provisions of Chapter 1.16 of the Carlsbad Municipal Code, “Time Limits for Judicial Review” shall apply: . . . . -4- 1 ~ “NOTICE TO APPLICANT 2 3 4 8 9 10 11 12 13 14 15 16 18 23 24 25 26 27 28 The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking review must be filed in the appropriate court not later than the nineteenth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the deposit in an amount sufficient to wver the estimated cost or preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Cartsbad, CA. 92008.” PASSED AND ADOPTED at a regular meeting of the City Council of the City 01 Carlsbad on the 12th day of June t 2001, by the following vote, to wit: AYES: Council Members Lewis, Finnila, Nygaard, and Hall. NOES: None- ABSENT: Council Member Kulchin. -L~HRAINB M. WOOD, City Clerk -5- EXHIBIT 3 ‘. & ’ &--- .A’ /’ : ._ KELLY RANCH GPA 00=09/ZCA 00=06/CT 97=16(A)/ HDP 97=17(A)/CDP 97=43(A)/SDP 98=04(A)/ CDP 98=66(A)/SDP 98-l 8(A)/CDP 98=70(A) . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 REDLINE STRIKEOUT VERSION EXHIBIT 4 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21, SECTION 21.203.040 OF THE CARLSBAD MUNICIPAL CODE TO MODIFY REGULATIONS RELATING TO COASTAL RESOURCE PROTECTION. CASE NAME: KELLY RANCH CASE NO.: ZCA 00-06 The City Council of the City of Carlsbad, California does ordain as follows: SECTION I: That Title 21, Chapter 21.203, Section 21.12.040 of the Carlsbad Municipal Code, is amended by the revision of Subsection 21.12.040 (A) to read as follows: A. Preservation of Steep Slopes 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. M . . 3 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. SECTION II: That Title 21, Chapter 21.203, Section 21.12.040 of the Carlsbad Municipal Code, is amended by the revision of Subsection 21.12.040 (A)( 1) to read as follows: 1. Outside the Kelly Ranch property, Ffor those slopes w possessing endangered plant/animal species and/or coastal sage scrub and chaparral plant communities, the following policy language would applies?: a. Slopes of 25% grade and over shall be preserved in their natural state, unless the application of this policy would preclude 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 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 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. SECTION III: That Title 21, Chapter 21.203, Section 21.12.040 of the Carlsbad Municipal Code, is amended by the addition of Subsection 21.12.040 (A)(2) to read as follows: 2. Within the Kellv Ranch property, for those slopes possessing endanpered plant/animal species and/or coastal sage scrub and chaparral plant communities, the following policv lanpuage applies: a. Coastal sage scrub and southern maritime chaparral plant communities shall be preserved in their natural state within deskmated open space areas shown on the LCP Kelly Ranch Open Space Map and addressed in Policv 3-5 of the certified LCP land use plan. b. The open space shown on the Kellv Ranch Open Space Map shall be secured through conservation easements or dedicated in fee at the time of subdivision approval. The easements shall be Franted to the Citv of Carlsbad or other public entitv and maintained and manaped as part of the LCP Kelly Ranch Open Space svstem. C. Restoration of disturbed areas within the designated open space throuph revegetation of disturbed areas and enhancement of existinp 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 Citv of Carlsbad or other public entitv, development of steep slopes over 25% Prade may occur in areas outside the desipnated open space. Such encroachment shall be approved bv 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 Open Space: Access roads shall be a permitted use within desipnated open space subiect to an approved coastal development permit, onlv when necessarv to access flatter areas and when desipned to be the least environmentallv damaping feasible alternative. Wildlife corridors shall be required when necessary to facilitate wildlife movement through the open space area. -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 f. Siting/Parking. Due to severe site constraints, innovative sitinp and design pole construction) shall be incorporated to minimize paved surface area. Dwelling units shall be clustered in the relativelv flat portions of the site. K Brush Management: A fire suppression plan shall be required for all residential development adiacent to desipnated open space subiect to approval by the Citv of Carlsbad Fire Department. The fire suppression plan shall incorporate a combination of buildinp materials, sufficient structural setbacks from native vegetation and selective thinninp designed to assure safety from fire hazard, protection of native habitat, and landscape screeninp of the residential structures. No portions of brush management Zones 1 and 2 as defined in the Citv of Carlsbad Landscape Manual shall occur in designated open space areas. Zone 3 may be permitted within desipnated 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. SECTION IV: That Title 21, Chapter 21.203, Section 21.83.040 of the Carlsbad Municipal Code, is amended by the renumbering of Subsection 21.203.040 (2) to be 21.203.040 (3). SECTION V: That Title 21, Chapter 21.203, Section 21.203.040 of the Carlsbad Municipal Code, is amended by the revision and addition to Subsection 21.203.040 (B)(4)(e) to read 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 initial disturbance and prior to October 1 with temporary or permanent (in the case of finished slopes) erosion control methods. The October 1 gradinv season deadline may be extended with the approval of the Citv Enpineer subiect to implementation bv October 1 of erosion control measures desipned to prohibit discharpe of sediments off-site during and after the PradinP operation is completed. Extensions beyond November 15 mav 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 existinP coastal development permit. Exce tion. c operations durinp the summer prading period in order to protect endanpered or rare species or sensitive environmental resources, then pradinp activities may be allowed during the winter by a coastal development permit or permit amendment. -3- 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION VI: That Title 21, Chapter 21.203, Section 21.203.040 of the Carlsbad Municipal Code, is amended by the revision and addition to Subsection 21.203.040 (B)(4)(j) to read as follows: i 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 siPnificant redevelopment of private and publicly-owned properties, must incorporate desipn elements and/or Best Manapement 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 followinP specific requirements shall be applied to development of type and/or intensitv listed below: Residential Development Development plans for, or which include residential housing development with greater than 10 housinp units shall include a drainage and polluted runoff control plan prepared bv a licensed engineer, desipned to infiltrate, filter or treat the volume of runoff produced bv each and every storm event up to and includinp the 85th percentile 24-Hour storm and/or the maximum flow rate of runoff produced bv the 85th percentile hourlv rainfall intensitv, prior to conveving runoff in excess of this standard to the storm water conveyance system, as required by the California Regional Water Qualitv Control Board, San Diego RePion, Order No. 2001-01, or any update thereof. The plan shall be reviewed and approved bv the consultinp soils enpineer or engineering PeoloPist to ensure the plan is in conformance with their recommendations. The plan shall be desipned in consideration of the followinp criteria, and approved prior to issuance of a coastal development permit: i. Maximize the percentape of permeable surfaces and green space to allow more percolation of runoff into the ground and /or desipn 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 discharpe into storm drains or receivinp water bodies; 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 ii. Use porous materials for or near walkway and driveways where feasible; . . . 111. 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. iv. Runoff from driveways, streets and other impervious surfaces shall be collected and directed throuph a system of vepetated and/or Pravel filter strips or other media devices, where feasible. Selected filter elements shall be desipned to 1) trap sediment, particulates and other solids and 2) remove or mitipate contaminates throuph infiltration and/or bioloPica1 uptake. The drainape system shall also be designed to convey and discharpe runoff from the buildinp site in a non-erosive manner. V. Selected BMPs shall be enpineered and constructed in accordance with the design specifications and guidance contained in the California Stormwater Best Management Practices Handbook (Municipal). vi. The plan must include provisions for regular inspection and maintenance of structural BMPs, for the life of the proiect. Parking Lots Development plans for, or which include parking lots greater than 5,000 so. ft. in c incorporate BMPs effective at removing or mitipatinp potential pollutants of concern such as oil, prease, hvdrocarbons, heavy metals, and particulates from stormwater leaving the developed site, prior to such runoff entering the stormwater conveyance system, or any receivinp water bodv. Options to meet this requirement include the use of vepetative filter strips or other media filter devices, clarifiers, grassy swales or berms, vacuum devices or a combination thereof. Selected BMPs shall be desipned to collectivelv infiltrate, filter or treat the volume of runoff produced by each and every storm event up to and includinp the 85th percentile 24-Hour storm and/or the maximum flow rate of runoff produced by the 85th percentile hourly rainfall intensitv. BMPs shall be enpineered and constructed in accordance with the guidance and specifications provided in the California Stormwater Best Manapement Handbooks Handbooks (Commercial and Industrial1 and-s&A in m -5- 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 All Development A public education program shall be desipned to raise the level of awareness of water qualitv issues around the lapoon includinp such elements as catch basin stenciling and public awareness sums. A landscape manapement plan shall be created that includes herbicide/pesticide manapement. Such measures shall be incorporated into proiect desipn throuph a water quality/urban runoff control plan and monitorinp propram to ensure the discharpe 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 stape SECTION VII: That Title 21, Chapter 21.203, Section 21.203.040 of the Carlsbad Municipal Code, is amended by the addition of Subsection 21.203.040 (G) to read as follows: G. Within the Kellv Ranch. scenic public views from Interstate 5, Cannon Road and Apua Hedionda Lapoon shall be preserved, as feasible, throuph the followinP measures: 1. Landscapinp and Setbacks: Use of trees or fire retardant vepetation with substantial height as a landscape screen and/or setbacks from the ridFelines and open space areas; 2. Buildinv Colors: Exterior wall and roof colors shall be of low intensity earth or vepetative tones. Stucco with accent materials such as tile, natural stone, or other compatible natural buildinp materials shall be preferred. Roof colors shall be low intensity colors which blend with the environmental settinp of the proiect; 3. Residential Building Heipht: Maximum heivht limits and variation in roof heiphts shall be utilized, as necessary, to minimize visibilitv of structures from scenic public roadways, public vista points and public trails SECTION VIII: That Title 21, Chapter 21.203, Section 21.203.040 of the Carlsbad Municipal Code, is amended by the addition of Subsection 21.203.040 (II) to read as follows: -6- 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 H. Within the Kellv Ranch, 1andscapinP shall be utilized as a visual buffer and be compatible with the surrounding native vegetation and preserved open space bv incorporation of the followinP measures: 1. 2. 3. 4. All residential development shall be required to identifv and implement a landscapinp plan that provides for installation of plant . . species that are native or e non-invasive and droupht tolerant to the maximum extent feasible. Ornamental (non-invasive) vegetation shall be permitted in the interior of residential subdivisions only; Approved landscapinp shall be installed immediately upon completion of construction and maintained bv the property owners in pood growinp condition for the life of the development; Landscape screening of structures, including specimen trees and fire retardant vegetation of substantial hekht, shall be required to screen and soften the view of structures from I-5, Cannon Road, Apua Hedionda LaPoon, public trails and public vista points; The landscape treatment shall cause the development to blend in with the natural settinp and present a visuallv cohesive appearance as viewed from Apua Hedionda Lapoon, Cannon Road and Interstate 5 EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in a newspaper of general circulation within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the day of ,2001, and thereafter. /it Ill Ill Ii/ /I/ -7- )9 11 11 1; 1: 1L 1; l( 1; 1E 1s 2c 21 22 23 24 25 26 27 28 PASSED AND ADOPTED at a regular meeting of said City Council held on the day of AYES: NOES: ABSENT: ABSTAIN: , 2001, by the following vote, to wit: CLAUDE A. LEWIS, Mayor ATTEST: LORRAINE M. WOOD, City Clerk (SEAId -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 4960 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A NEGATIVE DECLARATION TO AMEND PREVIOUSLY APPROVED DISCRETIONARY ACTIONS TAKEN BY THE CITY OF CARLSBAD ON THE KELLY RANCH “CORE AREA” REDUCING THE NUMBER OF SINGLE FAMILY RESIDENTIAL LOTS BY SEVEN, REDUCING THE NUMBER OF APARTMENT UNITS BY 43, RELOCATING FUTURE DAY CARE AND RECREATIONAL VEHICLE STORAGE AREAS, ESTABLISHING MODIFIED OPEN SPACE PRESERVATION AREAS, AMENDING THE ZONING ORDINANCE TO MODIFY REGULATIONS RELATING TO COASTAL RESOURCES, AND AMENDING THE LAND USE MAP OF THE GENERAL PLAN ON PROPERTY GENERALLY LOCATED SOUTH OF CANNON ROAD AND EAST OF FARADAY AVENUE IN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 8. CASE NAME: KELLY RANCH CASE NO.: GPA OO-09/ZCA OO-06/CT 97-16A HDP 97-17A/GDP 97-43A SDP 98-04AKDP 98-66A SDP 98-l 8AKDP 98-70A WHEREAS, Kelly Land Company, “Developer and Owner,” has filed a verified application with the City of Carlsbad regarding property described as A portion of Lot V’ of Ranch0 Agua Hedionda and a portion of Lot “F” of Ranch0 Agua Hedionda all in the City of Carlsbad, County of San Diego, State of California, according to map thereof No.823, tiled in the office of the County Recorder of San Diego County, November 16,1896. (“the Property”); and WHEREAS, a Negative Declaration was prepared in conjunction with said project; and WHEREAS, the Planning Commission did on the 2nd day of May 2001, 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, examining the initial study, analyzing the information submitted by staff, and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 considering any written comments received, the Planning Commission considered all factors relating to the Negative Declaration. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) W That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Planning Commission hereby RECOMMENDS APPROVAL of the Negative Declaration according to Exhibit “ND” dated April 5, 2001, and “PII” dated February 19, 2001, attached hereto and made a part hereof, based on the following findings: Findiws: 1. The Planning Commission of the City of Carlsbad does hereby find: a. b. C. d. e. . . . . . . . . . . . . . . . the proposed General Plan Amendment and Zone Code Amendment are actions required by the California Coastal Commission in adoption of the Local Coastal Program and subsequent adoption of LCPA 97-09(A) by the City of Carlsbad and are therefore statutorily exempt from the provisions of the California Environmental Quality Act. it has reviewed, analyzed and considered the Negative Declaration and the environmental impacts therein identified for this project and any comments thereon prior to RECOMMENDING APPROVAL of the project; and the Negative Declaration has been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and it reflects the independent judgment of the Planning Commission of the City of Carlsbad; and based on the EIA Part II and comments thereon, there is no substantial evidence the project will have a significant effect on the environment. PC RESO NO. 4960 -2- 2a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 2nd day of May 2001, by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Compas, Heineman, L’Heureux, Nielsen, and Trigas NOES: ABSENT: ABSTAIN: CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RESO NO. 4960 -3- 23 City of Carlsbad NEGATIVE DECLARATION Project Address/Location: Kelly Ranch/South of Cannon Road and east of Faraday Avenue Project Description: Amend previously approved discretionary actions taken by the City of Carlsbad on the Kelly Ranch “Core Area” reducing the number of single family residential lots by eight, reducing the number of apartment units by 43, relocating future day care and recreational vehicle storage areas, establishing modified open space preservation areas, incorporating Kelly Ranch subdivision design elements of the Carlsbad Local Coastal Program, amending the General Plan land use map and incorporating new text into the Carlsbad Zoning Ordinance. The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, a Negative Declaration (declaration that the project will not have a significant impact on the environment) is hereby issued for the subject project. Justification for this action is on file in the Planning Department. A copy of the Negative Declaration with supportive documents is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008. Comments from the public are invited. Please submit comments in writing to the Planning Department within 20 days of date of issuance. If you have any questions, please call Christer Westman in the Planning Department at (760) 602-4614. DATED: APRIL 5,200l CASE NO: GPA OO-09/ZCA OO-06/CT 97- 16(A)kIDP 97- 17(A)/CDP 97-43(A)/SDP 98-04(A)/CDP 98-66(A)/SDP 98-l 8(A)/CDP 98-70(A) CASE NAME: KELLY RANCH PUBLISH DATE: APRIL 5,200l Planning Director . N 1635 Faraday Avenue l Carlsbad, CA 92008-7314 l (760) 602-4600 l FAX (760) 602-8559 l www.ci.carlsbad.ca.us ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART II CASE NO: GPA OO-09/ZCA OO-06/CT 97-16ACDP 97-43A/HDP 97-OOASDP 9&04A/SDP 9%ISA DATE: March 5.2001 BACKGROUND 1. CASE NAME: Kelly Ranch 2. APPLICANT: Kellv Land Comuanv 3. ADDRESS AND PHONE NUMBER OF APPLICANT: 2011 Palomar Airport Road #206 Carlsbad CA 92009 (760) 93 1- 1190 4. DATE EIA FORM PART I SUBMITTED: Januarv 19,200 1 5. PROJECT DESCRIPTION: Amendments to previously approved discretionary actions taken by the Citv of Carlsbad on the Kelly Ranch “Core Area” reducing; the number of single family residential lots bv eight, reducing the number of apartment units bv 43, relocating future day care and recreational vehicle storage areas, establishing modified open snace preservation areas, incorporating Kelly Ranch subdivision design elements of the Carlsbad Local Coastal Program, amending the General Plan land use mau and incorporating new text into the Car&bad Zoning Ordinance. SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The summary of environmental factors checked below would be potentially affected by this project, involving at least one impact that is a “Potentially Significant Impact,” or “Potentially Significant Impact Unless Mitigation Incorporated” as indicated by the checklist on the following pages. Ia Land Use and Planning El Transportation/Circulation 0 Public Services 0 Population and Housing lxl Biological Resources III Utilities & Service Systems cl Geological Problems cl Energy & Mineral Resources 0 Aesthetics El Water q Air Quality El Hazards 0 Cultural Resources 0 Noise 0 Recreation cl Mandatory Findings of Significance Rev. 03/28/96 ds DETERMINATION. I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have significant effect(s) on the environment, but at least one potentially significant effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. A(n) EIR is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, a Notice of Prior Compliance has been prepared. \& Planner Signature 3/20/o I Date I # Rev. 03128196 ad ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. A brief explanation is required for all answers except “No Impact” answers that are adequately supported by an information source cited in the parentheses following each question. A “No Impact” answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved. A “No Impact” answer should be explained when there is no source document to refer to, or it is based on project-specific factors as well as general standards. “Less Than Significant Impact” applies where there is supporting evidence that the potential impact is not adversely significant, and the impact does not exceed adopted general standards and policies. “Potentially Significant Unless Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less Than Significant Impact.” The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect is significant. Based on an “EIA-Part II”, if a proposed project could have a potentially significant effect on the environment, but &l potentially significant effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required (Prior Compliance). When “Potentially Significant Impact” is checked the project is not necessarily required to prepare an EIR if the significant effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a “Statement of Overriding Considerations” has been made pursuant to that earlier EIR. A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant effect on the environment. 3 Rev. 03128196 27 l If there are one or more potentially significant effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce impacts to less than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate “Potentially Significant Impact Unless Mitigation Incorporated” may be checked and a Mitigated Negative Declaration may be prepared. 0 An EIR must be prepared if “Potentially Significant Impact” is checked, and including but not limited to the following circumstances: (1) the potentially significant effect has not been discussed or mitigated in an Earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the impact to less than significant; (2) a “Statement of Overriding Considerations” for the significant impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the impact to less than significant, or; (4) through the EIA-Part II analysis it is not possible to determine the level of significance for a potentially adverse effect, or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of significance. A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts which would otherwise be determined significant. 4 Rev. 03/28/96 48 Issues (and Supporting Information Sources). I. LAND USE AND PLANNING. Would the proposal:. a> b) cl 4 e> Conflict with general plan designation or zoning? (Source k+(s): (#l:Pgs 5.6-l - 5.6-18) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? (#l:Pgs 5.6-1 - 5.6-18) Be incompatible with existing land use in the vicinity? (#l:Pgs 5.6-l - 5.6-18) Affect agricultural resources or operations (e.g. impacts to soils or farmlands, or impacts from incompatible land uses? (#l:Pgs 5.6-l - 5.6-18) Disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? (#l:Pgs 5.6-l - 5.6-18) II. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? (#l:Pgs 5.5-l - 5.5-6) b) Induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? (#l:Pgs 5.5-l - 5.5-6) c) Displace existing housing, especially affordable housing? (#l:Pgs 5.5-l - 5.5-6) III. GEOLOGIC PROBLEMS. Would the proposal result in or 4 b) cl 4 e) f) 8) h) 9 expose people to potential impacts involving: Fault rupture? (#l:Pgs 5.1-I - 5.1-15) Seismic ground shaking? (#l:Pgs 5.1-1 - 5.1-15) Seismic ground failure, including liquefaction? (#l :Pgs 5.1-l - 5.1.15) Seiche, tsunami, or volcanic hazard? (#l:Pgs 5.1-I - 5.1-15) Landslides or mudflows? (#l:Pgs 5.1-1 - 5.1-15) Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? (#l:Pgs 5.1-1 - 5.1-15) Subsidence of the land? (#l:Pgs 5.1-I - 5.1-15) Expansive soils? (#l:Pgs 5.1-l - 5.1-15) Unique geologic or physical features? (#l:Pgs 5.1-I - 5.1-15) IV. WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff! (#l:Pgs 5.2-l - 5..2- 11) b) Exposure of people or property to water related hazards such as flooding? (#l:Pgs 5.2-l - 5..2-11) c) Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? (#l:Pgs 5.2-l - 5..2-11) Potentially Significant Impact q q q q q q q q q q q q q q q q q q q q Potentially Significant Unless Mitigation Incorporated q q q q cl q q q q q q q q q q q q q q q Less Than Significant Impact No Impact Rev. 03/28/96 47 q q q q q q 0 u q q q q q q q q q q q q ix] lxl IXI lzl Ix1 Ix1 lxl (xl Ix1 lzl IXI Ix1 Ix] Ix] Ix1 IXI lxl lxl El lxl 5 Issues (and Supporting Information Sources). 4 e> 0 g) h) i) Changes in the amount of surface water in any water body? (#l:Pgs 5.2-l - 5..2-11) Changes in currents, or the course or direction of water movements? (#l:Pgs 5.2-l - 5..2-11) Changes in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? (#l:Pgs 5.2-l - 5..2-11) Altered direction or rate of flow of groundwater? (#l:Pgs 5.2-l - 5..2-11) Impacts to groundwater quality? (#l:Pgs 5.2-I - 5..2- 11) Substantial reduction in the amount of groundwater otherwise available for public water supplies? (#l:Pgs 5.2-l - 5..2-11) V. AIR QUALITY. Would the proposal: 4 b) c> 4 Violate any air quality standard or contribute to an existing or projected air quality violation? (#l:Pgs 5.3- 1 - 5.3-12) Expose sensitive receptors to pollutants? (#l:Pgs 5.3-l - 5.3-12) Alter air movement, moisture, or temperature, or cause any change in climate? (#l:Pgs 5.3-l - 5.3-12) Create objectionable odors? (#l:Pgs 5.3-l - 5.3-12) VI. TRANSPORTATION/CIRCULATION. Would the a) b) cl 4 4 f) g) proposal result in: Increased vehicle trips or traffic congestion? (#l:Pgs 5.7-l - 5.7.22) Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? (#l:Pgs 5.7-l - 5.7.22) Inadequate emergency access or access to nearby uses? (#l:Pgs 5.7-l - 5.7.22) Insufficient parking capacity on-site or off-site? (#l:Pgs 5.7-l - 5.7.22) Hazards or barriers for pedestrians or bicyclists? (#l:Pgs 5.7-l - 5.7.22) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)?. (#l:Pgs 5.7-l - 5.7.22) Rail, waterborne or air traffic impacts? (#l:Pgs 5.7-l - 5.7.22) VII. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds? (#l:Pgs 5.4-l - 5.4-24) b) Locally designated species (e.g. heritage trees)? (#l:Pgs 5.4-l - 5.4-24) Potentially Significani Impact q q q q q q q q q q q q q q q q q q q Potentially Significant Unless Mitigation Incorporated q El q q q .u q q q q q q q q q q q q cl Less Than Significant Impact q q q q q q q q q q q q q q q q ,u q q X0 Impact lxl Ix] El Ix] El lxl IXI lxl El lxl IXI El 1xI lxl El IXI lxl lxl El 6 Rev. 03/28/96 so Issues (and Supporting Information Sources). cl 4 4 VIII. a) b) cl Locally designated natural communities (e.g. oak forest, coastal habitat, etc.)? (#l:Pgs 5.4-l - 5.4-24) Wetland habitat (e.g. marsh, riparian and vernal pool)? (#l:Pgs 5.4-l - 5.4-24) Wildlife dispersal or migration corridors? (#l:Pgs 5.4-I - 5.4-24) ENERGY AND MINERAL RESOURCES. Would the proposal? Conflict with adopted energy conservation plans? (#l:Pgs 5.12.1-1 - 5.12.1-5 & 5.13-1 - 5.13-9) Use non-renewable resources in a wasteful and inefficient manner? (#l:Pgs 5.12.1-1 -5.12.1-5 & 5.13- 1 - 5.13-9) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents ofthe State? (#l:Pgs 5.12.1-l - 5.12.1-5 & 5.13-1 - 5.13-9) IX. HAZARDS. Would the proposal involve: 4 b) cl 4 e) A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals or radiation)? (#l:Pgs 5.10.1-l - 5.10.1-5) Possible interference with an emergency response plan or emergency evacuation plan? (#l:Pgs 5.10.1-l - 5.10.1-5) The creation of any health hazard or potential health hazards? (#l:Pgs 5.10.1-l - 5.10.1-5) Exposure of people to existing sources of potential health hazards? (#l:Pgs 5.10.1-I - 5.10.1-5) Increase fire hazard in areas with flammable brush, grass, or trees? (#l:Pgs 5.10.1-l - 5.10.1-5) X. NOISE. Would the proposal result in: a) Increases in existing noise levels? (#l:Pgs 5.9-l - 5.9- 15) b) Exposure of people to severe noise levels? (#l:Pgs 5.9- 1 - 5.9-15) XI. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? (#l:Pgs 5.12.5-I - 5.12.5-6) b) Police protection? (#l:Pgs 5.12.6-l - 5.12.6-4) c) Schools? (#l:Pgs 5.12.7.1 - 5.12.7-5) d) Maintenance of public facilities, including roads? e) Other governmental services? (#l:Pgs 5.12.1-1 - 5.12.8-7) Potentially Significant Impact q q q 0, q q q q q q q q q q 0 q q q Potentially Significant Unless Mitigation Incorporated xl q q q q -0 q q q q q q q sl q q q q Less Than Significant impact q q q q q q cl cl q q q q q q q q q 0 NO Impact El IXI Ix1 Ix] lxl lxl lxl lxl lxl IXI lxl Ix1 lxl Ix] lxl l.xl Ix1 IXI XILUTILITIES AND SERVICES SYSTEMS. Would the proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: 7 Rev. 03/28/96 3/ Issues (and Supporting Information Sources). a) b) 4 4 e) f) 8) XIII. a> b) cl XIV. a) b) cl 4 4 Power or natural gas? (#l:Pgs 5.12.1-1 - 5.12.1-5 & 5.13-1 - 5.13-9) Communications systems? Local or regional water treatment or distribution facilities? (#l:Pgs 5.12.2-1 - 5.12.3-7) Sewer or septic tanks? (#l:Pgs 5.12.3-1 - 5.12.3-7) Storm water drainage? (#l:Pg 5.2-8) Solid waste disposal? (#l:Pgs 5.12.4-1 - 5.12.4-3) Local or regional water supplies? (#l:Pgs 5.12.2-1 - 5.12.3-7) AESTHETICS. Would the proposal: Affect a scenic or vista or scenic highway? (#l:Pgs 5.11-1 - 5.11-5) Have a demonstrated negative aesthetic effect? (#l:Pgs 5.11-1 -5.11-5) Create light orgIare?(#l:Pgs5.11-1 - 5.11-5) CULTURAL RESOURCES. Would the proposal: Disturb paleontological resources? (#l:Pgs 5.8-l - 5.8- 10) Disturb archaeological resources? (#l:Pgs 5.8-1 - 5.8- 10) Affect historical resources? (#l:Pgs 5.8-l - 5.8-10) Have the potential to cause a physical change which would affect unique ethnic cultural values? (#l:Pgs 5.8- 1 - 5.8-10) Restrict existing religious or sacred uses within the potential impact area? (#l:Pgs 5.8-l - 5.8-10) XV. RECREATIONAL. Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreational facilities? (#l:Pgs 5.12.8-1 - 5.12.8-7) b) Affect existing recreational opportunities? (#l:Pgs 5.12.8-1 - 5.12.8-7) XVI. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Potentially Significant Impact q q q q q q q q q q q q q q q q q q Potentially Significant Unless Mitigation Incorporated q q q q q q q III q q q q q q q q q q Less Than Sipnificanl impact q q q q q q q q q q q q q q q q q q No Impact ixl 1x1 ix1 lxl Is) Ix1 IXI lzl lxl lxl lxl lzl lxl El lxl El lxl Ix1 8 Rev. 03/28/96 22 Issues (and Supporting Information Sources). b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will cause the substantial adverse effects on human beings, either directly or indirectly? Potentially Potentially Less Than NO Si_mificant Si@icant Si_@kant Impact Impact Unless impact Mitigation Incorporated 0 cl El lxl cl 0 cl IXI XVII. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) An Environmental Impact Report was prepared for the Kelly Ranch project and certified by the Carlsbad City Council in December 1999. That document serves as the basis for the analysis for this project which is an amendment of the Kelly Ranch project approved in 1999. The Kelly Ranch EIR is on file with the Planning Department at 1635 Faraday Avenue, City of Carlsbad California, 92008. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. a Mitigation measures. For effects that are “Less than Significant with Mitigation Incorporated,“ describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site- specific conditions for the project. 9 Rev. 03128196 33 DISCUSSION OF ENVIRONMENTAL EVALUATION The project is a collection of amendments to previously approved discretionary actions taken by the City of Carlsbad on the Kelly Ranch “Core Area”. The project includes reducing the number of single family residential lots by eight, reducing the number of apartment units by 43, relocating future day care and recreational vehicle storage areas, establishing modified open space preservation areas, incorporating Kelly Ranch subdivision design elements of the Carlsbad Local Coastal Program into the project design, amending the General Plan land use map and incorporating new text into the Carlsbad Zoning Ordinance. All of the amendments are follow up actions to Coastal Commission action on Local Coastal Program Amendment 97-09 on July 11, 2000, which included several suggested modifications. The Coastal Commission adopted modifications included the reduction in development area for Planning Areas “J” and “D” which resulted in the reduction of dwelling units, and the establishment of Kelly Ranch Open Space which increased the project’s undisturbed areas. Benefits of the amendments includes the reduction of the overall area of physical disturbance without extending development into areas which were previously left undisturbed. The result is a slight increase in the preservation of natural slopes and slope vegetation. Open space areas will be designated as such by easements which prohibit the use of the property for anything other than open space. The reduction in residential units in turn reduces the demand for services and the Average Daily Traffic by 424. Although there will be a reduction in the need for services and in ADT, no change has been made to the provision of services, e.g. sewer and water lines, or to the capacity of the associated roadways. EARLIER ANALYSES USED The following documents were used in the analysis of this project and are on file in the City of Carlsbad Planning Department located at 1635 Faraday Avenue, Carlsbad, California, 92008, (760) 602-4600. 1. 2. Final Master Environmental Impact Report for the City of Carlsbad General Plan Update (MEIR 93-Ol), dated March 1994, City of Carlsbad Planning Department. Final Supplemental Environmental Impact Report for the Kelly Ranch General Plan Amendment and Core Area Subdivision EIR 98-05, dated April 7, 1999. 10 Rev. 03l28i96 3t/ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 4961 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE LAND USE ELEMENT OF THE GENERAL PLAN ON PROPERTY GENERALLY LOCATED SOUTH OF CANNON ROAD AND EAST OF FARADAY AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 8 CASE NAME: KELLY RANCH CASE NO: GPA 00-09 WHEREAS, The Kelly Land Company, “Developer and Owner,” has filed a verified application with the City of Carlsbad regarding property described as A portion of Lot “I” of Ranch0 Agua Hedionda and a portion of Lot “F” of Ranch0 Agua Hedionda all in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 823, filed in the office of the County Recorder of San Diego County, November 16,1896. (“the Property”); and WHEREAS, the California Coastal Commission approved Local Coastal Program Amendment LCPA 97-09 with modifications on July 11,200O; and WHEREAS, this General Plan Amendment is required by the California Coastal Commission’s action and the subsequent adoption of LCPA 97-09(A) by the City of Carlsbad; and WHEREAS, said verified application constitutes a request for a General Plan Amendment as shown on Exhibit “GPA 00-09” dated May 2,2001, attached hereto and on file in the Carlsbad Planning Department KELLY RANCH GPA 00-09 as provided in Government Code Section 65350 et. seq. and Section 21.52.160 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 2nd day of May 2001, hold a duly noticed public hearing as prescribed by law to consider said request; 1 2 3 4 5 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the General Plan Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of KELLY-RANCH GPA 00-09, based on the following findings: FindinPs: 1. That the proposed amendment to the Land Use Element of the General Plan from Residential Medium High (RMH) to Residential Medium (RM) on Planning Area “A” of the Kelly Ranch is deemed to be in the public interest in that it will result in an overall reduction of the allowable residential density within the Planning Area and will therefore not compromise the City’s Growth Management Ordinance. 2. That the proposed change from RMH to RM on Planning Area “A” of the Kelly Ranch is deemed to be in the public interest in that the lower density designations is located in an area of moderate topography and environmental resource and may have lesser physical impacts on the topography and environmental resources. 3. That the proposed elimination of the Office designation in Planning Area “F” is deemed to be in the public interest in that it will reduce development intensity adjacent to a significant sensitive biological resource. Condition: 1. GPA 00-09 shall become effective upon concurrence by the California Coastal Commission with the Executive Director’s report of acceptance of the suggested modifications for Carlsbad LCPA 2-99D [reference Carlsbad LCPA 97-09(A)] as submitted by the City of Carlsbad. PC RESO NO. 4961 -2- 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 . 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 2nd day of May 2001, by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Compas, Heineman, L’Heureux, Nielsen, and Trigas NOES: ABSENT: ABSTAIN: ; CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. H&z?!MILL= Planning Director PC RESO NO. 4961 -3- 37 GENERAL PLAN AMENDMENT G PA: 00-09 draft Ix] final E EXISTING Project Name: Kelly Ranch 1 Relarea cease t-lie NO(S): Property/Legal Description(s): ZCA OO-O6/CT 97-1 G(A)/HDP 97.17(A)/CDP 97- A portion of Lot “I” of Ranch0 Agua Hedionda and a 43(A)/ portion of Lot “F” of Ranch0 Agua Hedionda, all in the City CDP 98-66(A)/CDP 98-70(A)/SDP 98-04(A)/SDP 98. of Carlsbad, County of San Diego, State of California, WN according to map thereof No. 823, filed in the office of the H:\WORD\GPAZC\GPAOUO9 38 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 / PLANNING COMMISSION RESOLUTION NO. 4962 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT TO AMEND TITLE 21, SECTION 21.203.040 OF THE CARLSBAD MUNICIPAL CODE TO MODIFY REGULATIONS RELATING TO COASTAL RESOURCES CASE NAME: KELLY RANCH CASE NO: ZCA 00-06 I WHEREAS, The Kelly Land Company, “Developer and Owner,” has filed a verified application with the City of Carlsbad regarding property described as A portion of Lot “I” of Ranch0 Agua Hedionda and a portion of Lot “F” of Ranch0 Agua Hedionda, all in the City of Carlsbad, County of San Diego, State of California according to map thereof No. 823, filed in the office of the County Recorder of San Diego on November 16,1896. (“the Property”); and WHEREAS, the California Coastal Commission approved Local Coastal Program Amendment LCPA 97-09 with modifications on July 11,200O; and WHEREAS, this Zone Code Amendment is required by the California Coastal Commission’s action and the subsequent adoption of LCPA 97-09(A) by the City of Carlsbad; and WHEREAS, the proposed amendment is set forth in the draft City Council Ordinance, Exhibit “ZCA 00-06” dated, May 2, 2001, and attached hereto KELLY RANCH ZCA 00-06; and WHEREAS, the Planning Commission did on the 2nd day of May, 2001, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Zone Code Amendment; and 39 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 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: 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 ZCA 00-06, based on the following findings: Findings: 1. That the proposed Zone Code Amendment ZCA 00-06 is consistent with the General Plan and the Local Coastal Program in that it strengthens coastal resource protection. 2. That the proposed ZCA reflects sound principles of good planning in that the amended language promotes a balance between preservation of the natural environment and development and is consistent with the intent and purpose of the Coastal Act. Condition: 1. ZCA 00-06 shall become effective upon concurrence by the California Coastal Commission with the Executive Director’s report of acceptance of the suggested modifications for Carlsbad LCPA 2-99D [reference Carlsbad LCPA 97-09(A)] as submitted by the City of Carlsbad. PC RESO NO. 4962 -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 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on the 2nd day of May, 2001, by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Compas, Heineman, L’Heureux, Nielsen, and Trigas NOES: ABSENT: ABSTAIN: CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HaZMItiER Planning Director PC RESO NO. 4962 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Exhibit “ZCA - 00-06” May 2.2001 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21, SECTION 2 1.203.040 OF THE CARLSBAD MUNICIPAL CODE TO MODIFY REGULATIONS RELATING TO COASTAL RESOURCE PROTECTION. CASE NAME: KELLY RANCH CASE NO.: ZCA 00-06 The City Council of the City of Carlsbad, California does ordain as follows: SECTION I: That Section 21.12.040(A) of the Carlsbad Municipal Code is amended to read as follows: A. Preservation of Steep Slopes 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. SECTION II: That Section 21.12.040(A)(l) of the Carlsbad Municipal Code is amended to read as follows: 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 policy language applies: a. Slopes of 25% grade and over shall be preserved in their natural state, unless the application of this policy would preclude 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 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 42 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 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. SECTION III: That Section 21.12.040 of the Carlsbad Municipal Code, is amended by the addition of Subsection 2 1.12.040 (A)(2) to read as follows: 2. Within the Kelly Ranch property, 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 southern maritime chaparral 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 shall 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 within 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 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. e. Roads in Open Space: 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. Siting/Parking. 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. -2- 443 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 g- Brush Management: A tire suppression plan shall be required for all 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. No portions of brush management Zones 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 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. SECTION IV: That Section 21.83.040 of the Carlsbad Municipal Code is amended by renumbering Subsection 21.203.040 (2) to be 2 1.203.040 (3). SECTION V: That Section 2 1.203.040(B)(4)(e) of the Carlsbad Municipal Code is amended to read 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 initial disturbance and prior to October 1 with temporary or permanent (in the case of finished slopes) erosion control methods. The October 1 grading season deadline may be extended with the approval of the City Engineer subject to implementation 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 coastal resources and may be approved either as part of the original coastal development permit or as a formal amendment to an existing coastal 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. SECTION VI: That Section 21.203.040(B)(4)(j) of the Carlsbad Municipal Code is amended to read as follows: j- 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 -3- 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 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 by each and every storm event up to and including the 85” percentile 24-Hour storm and/or the maximum flow rate of runoff produced by the 85* percentile hourly rainfall intensity, prior to conveying runoff in excess of this standard to the storm water conveyance system, as required by California Regional Water Quality Control Board, San Diego Region, Order No. 2001-01, or any update thereof. 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: i. 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; ii. Use porous materials for or near walkways and driveways where feasible; . . . 111. 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. iv. 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 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 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 designed to convey and discharge runoff from the building site in a non-erosive manner. V. 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). vi. 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. A. in size and/or with 25 or more parking spaces, susceptible to stormwater, shall incorporate BMPs effective at removing or mitigating potential pollutants of concern such as oil, grease, hydrocarbons, heavy metals, and particulates corn 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 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 by each and every storm event up to and including the 85” percentile 24-Hour storm and/or the maximum flow rate of runoff produced by the 85ti percentile hourly rainfall intensity. 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). All Development A public education program shall be 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. A landscape management plan shall be created that includes herbicide/pesticide 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 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 stage SECTION VII: That Section 21.203.040 of the Carlsbad Municipal Code is amended by the addition of Subsection 21.203.040 (G) to read as follows: -5- 46 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 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: 1. Landscaping and Setbacks: Use of trees or fire retardant vegetation with substantial height as a landscape screen and/or setbacks from the ridgelines and open space areas; 2. Building 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 building materials shall be preferred. Roof colors shall be low intensity colors which blend with the environmental setting of the project; 3. Residential Building Height: Maximum height limits and variation in roof heights shall be utilized, as necessary, to minimize visibility of structures from scenic public roadways, public vista points and public trails. SECTION VIII: That Section 21.203.040 of the Carlsbad Municipal Code is amended by the addition of Subsection 2 1.203.040 (H) to read as follows: H. Within the Kelly Ranch, landscaping shall be utilized as a visual buffer and be compatible with the surrounding native vegetation and preserved open space by incorporation of the following measures: 1. All residential 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 drought tolerant to the maximum extent feasible. Ornamental (non-invasive) vegetation shall be permitted in the interior of residential subdivisions only; 2. Approved landscaping shall be installed immediately upon completion of construction and maintained by the property owners in good growing condition for the life of the development; 3. 4. Landscape screening of structures, including specimen trees and fire retardant vegetation of substantial height, shall be required to screen and soften the view of structures fkom I-5, Cannon Road, Agua Hedionda Lagoon, public trails and public vista points; The landscape treatment shall 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 EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be -6- +7 published at least once in a newspaper of general circulation within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the day of ,200 1, and thereafter. PASSED AND ADOPTED at a regular meeting of said City Council held on the day of ,2OOl, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: CLAUDE A. LEWIS, Mayor ATTEST: LORRAINE M. WOOD, City Clerk -7- 1 2 3 4 5 6 7 8 9 -10 11 12 13 14 15 16 17 18 19 20 ~ 21 ~ 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 4963 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL, OF AN AMENDMENT OF CARLSBAD TRACT NUMBER CT 97-16 TO SUBDIVIDE 174 ACRES INTO 171 LOTS ON PROPERTY GENERALLY LOCATED SOUTH OF CANNON ROAD AND EAST OF FARADAY AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 8. CASE NAME: KELLY RANCH CASE NO.: CT 97-16(A) WHEREAS, The Kelly Land Company, “Developer and Owner”, has filed a verified application with the City of Carlsbad regarding property described as A portion of Lot “I” of Ranch0 Agua Hedionda and a portion of Lot “F” of Ranch0 Agua Hedionda, all in the City of Carlsbad, County of San Diego, State of California according to map thereof No. 823, filed in the office of the County Recorder of San Diego on November 16,1896. (“the Property”); and WHEREAS, the California Coastal Commission approved Local Coastal Program Amendment LCPA 97-09(A) with modifications on July 11,200O; and WHEREAS, this Tract Map Amendment is necessary for the Kelly Ranch project to be consistent with the Local Coastal Program as amended by LCPA 97-09(A); and WHEREAS, said verified application constitutes a request for a Tentative Tract Map Amendment as shown on Exhibit(s) “A” - L6M” dated May 2,2001, on file in the Planning Department KELLY RANCH - CT 97-16(A), as provided by Chapter 20.12 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 2nd day of May 2001, hold a duly noticed public hearing as prescribed by law to consider said request; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, at said public hearin g, upon hearing and considering all testimony and arguments, if any, of persons desiring to be heard, said Commission considered all factors relating to the Tentative Tract Map Amendment; and, WHEREAS, on the 7th day of April, 1999, the Planning Commission recommended approval of CT 97-16 as described and conditioned in Planning Commission Resolution No. 4497; and, WHEREAS, on the 1 lth day of May, 1999, The City Council approved CT 97-16 as described and conditioned in City Council Resolution No. 99-162; and, WHEREAS, this resolution’s findings and conditions shall supercede the findings and conditions of Planning Commission Resolution No. 4497; and, NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: 4 That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of KELLY RANCH, CT 97-16(A), based on the following findings and subject to the following conditions: FindinPs: 1. That the proposed map and the proposed design and improvement of the subdivision as conditioned, is consistent with and satisfies all requirements of the General Plan, the Mello II segment of the Local Coastal Program, any applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act, and will not cause serious public health problems, in that the proposed grading includes remedial measures to stabilize slopes, the subdivision is not located within close proximity to land uses which are known to cause health problems, and the extent and quantities of grading are within prescribed limits. 2. That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated for open space and residential development on the General Plan. 3. That the site is adequate in size and shape to accommodate residential development at the density proposed and is therefore physically suitable for the type and density of the development, in that the subdivision is for 147 single family lots which is within the density range allowed by the General Plan and the Mello II segment of the Local . PC PESO NO. 4963 -2- 5-0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. 5. 6. 7. 8. 9. 10. Coastal Program of up to 201 and for three multi-family lots which can accommodate up to 493 units. That the design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in that no structure is proposed within any restricted easement and access required by any easement for service purposes has been protected. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act) and is not subject to the agricultural preservation policies of the Mello II segment of the Local Coastal Program. That the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, in that there are no limits on structure design which would prohibit passive or natural heating or cooling opportunities and the site has coastal breezes and north, south, east, and west exposure which could be used to the advantage of designing such energy efficient structures. That the Planning Commission has considered, in connection with the housing proposed by this subdivision, the housing needs of the region, and balanced those housing needs against the public service needs of the City and available fiscal and environmental resources. That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat, in that the project is an amendment to a previously approved proposal for which an Environmental Impact Report was certified. The proposed amendments have been reviewed for potential impacts to the environment and the previously certified EIR has been used as the basis of that analysis. No new significant adverse impacts will be created by the project. That the discharge of waste from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that the project has been conditioned and designed to comply with all NPDES and Local Coastal Program water quality standards. The Planning Commission finds that the project, as conditioned herein for Kelly Ranch, is in conformance with the Elements of the City’s General Plan, based on the following: A. Land Use: The *project is consistent with the City’s General Plan since the proposed density of single family lots of 3.12 du/acre is within the density range of (O-4) du/acre specified for the site as indicated on the Land Use Element of the General Plan, and the density of the multi-family lots of 13.9 is within the General Plan range of (8-15) dwelling units per acre. B. Circulation: The project will provide Cannon Road improvements which is a Circulation Element roadway. PC RESO NO. 4963 -3- 3-1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C. D. E. F. G. Noise: The project was analyzed for noise impacts related to Cannon Road and mitigation has been included as a condition of approval. Housing: That the project is consistent with the Housing Element of the General Plan and the Inclusionary Housing Ordinance as the Developer has entered into an Affordable Housing Agreement to provide and deed restrict 124 dwelling units as affordable to lower-income households. Open Space and Conservation: The project provides significant areas of General Plan Open Space which supports open space conservation and natural habitats preservation. Public Safety: The project will be adequately served by public safety facilities and personnel. Parks and Recreation: The project has been conditioned to pay park-in-lieu fees. 11. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 8 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding: sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, A. The project has been conditioned to ensure that building permits will not be issued for the project unless the applicable agency determines that sewer and water services are available, and building cannot occur within the project unless they remain available, and the applicable agency is satisfied that the requirements of the General Plan have been met insofar as they apply to sewer and water service for this project. B. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. C. Park-in-lieu fees are required as a condition of approval. D. All necessary public improvements have been provided or are required as conditions of approval. E. The developer has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. Payment of the fee will enable this body to find that public facilities will be available concurrent with need as required by the General Plan. 12. The project has been conditioned to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 2 1.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. PC RESO NO. 4963 -4- 5A 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 13. 14. 15. That all necessary public facilities required by the Growth Management Ordinance will be constructed or are guaranteed to be constructed concurrently with the need for them created by this project and in compliance with adopted City standards, in that this project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 8. That the project’s conceptual landscape plan is consistent with the City’s Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I W- The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to Final Map. 1. 2. 3. 4. 5. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City’s approval of this Tentative Tract Map Amendment. Staff is authorized and directed to make, or require Developer or their successors to make, all corrections and modifications to the Tentative Tract Map document(s) necessary to make them internally consistent and in conformity with final action on the project. Development shall occur substantially as shown in the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. The Developer or their successors shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this residential housing project are challenged this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. Adoption of Planning Commission Resolution No. 4963 [CT 97-16(A)] voids and supersedes Planning Commission Resolution No. 4497 (CDP 97-16) and shall become effective upon concurrence by the California Coastal Commission with the Executive Director’s report of acceptance of the suggested modifications for PC RESO NO. 4963 -5- .53 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 6. 7. 8. 9. 1 1 0. 12. 13. 14. Carlsbad LCPA 2-99D [reference Carlsbad LCPA 97-09(A)] as submitted by the City of Carlsbad. The Developer or their successors shall implement, or cause the implementation of, the Kelly Ranch Master Plan Project Mitigation Monitoring and Reporting Program. The Developer or their successors shall submit to the Planning Director a reproducible 24” x 36”, mylar copy of the Tentative Map reflecting the conditions approved by the final decision making body. The Developer or their successors shall include, as part of the plans submitted for any permit plan check, a reduced legible version of the approving resolution(s) in a 24” x 36” blueline drawing format. Prior to the issuance of a building permit, the Developer or their successors shall provide proof to the Director from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. A note to this effect shall be placed on the Final Map. The Developer or their successors shall pay the public facilities fee adopted by the City Council on July 28, 1987, (amended July 2, 1991) and as amended from time to time, and any development fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other ordinance adopted to implement a growth management system or Facilities and Improvement Plan and to fulfil1 the Developer or their successors’s/subdivider’s agreement to pay the public facilities fee dated August 29, 1997, a copy of which is on file with the City Clerk and is incorporated by this reference. If the fees are not paid, this application will not be consistent with the General Plan and approval for this project will be void. These approvals shall become null and void if grading permits are not issued for this project within 24 months from the date of final map recordation. The Developer or their successors shall construct inclusionary units as required by the Affordable Housing Agreement Imposing Restrictions on Real Property by and between the City of Carlsbad, Kelly Land Company and PTR Developments Services, Inc. adopted by City Council on July 28, 1998 by Resolution No. 98-257 and Addendum No. 1 to that agreement entered into on February 13,200l. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 8 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits, including, but not limited to the following: A. Full width improvements to Cannon Road along the project frontage. B. Reduced width Park Drive improvements. PC RESO NO. 4963 -6- 5+ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ’ 19 20 21 22 23 24 25 26 27 28 C. Half street improvements to El Camino Real. 15. The Developer or their successors shall establish a homeowner’s association (HOA) and corresponding covenants, conditions and restrictions (CC&Rs) for Planning Areas “I” and “J”. Said CC&Rs shall be submitted to and approved by the Planning Director prior to final map approval. Prior to issuance of a building permit the Developer or their successors shall provide the Planning Department with a recorded copy of the official CURS that have been approved by the Department of Real Estate and the Planning Director. At a minimum, the CC&Rs shall contain the following provisions: A. General Enforcement bv the City. The City shall have the right, but not the obligation, to enforce those Protective Covenants set forth in this Declaration in favor of, or in which the City has an interest. B. Notice and Amendment. A copy of any proposed amendment shall be provided to the City in advance. If the proposed amendment affects the City, City shall have the right to disapprove. A copy of the final approved amendment shall be transmitted to City within 30 days for the official record. Failure of Association to Maintain Common Area Lots and Easements. In the event that the Association fails to maintain the “Common Area Lots and/or the Association’s Easements” as provided in Article , Section the City shall have the right, but not the duty, to perform the necessary maintenance. If the City elects to perform such maintenance, the City shall give written notice to the Association, with a copy thereof to the Owners in the Project, setting forth with particularity the maintenance which the City finds to be required and requesting the same be carried out by the Association within a period of thirty (30) days from the giving of such notice. In the event that the Association fails to carry out such maintenance of the Common Area Lots and/or Association’s Easements within the period specified by the City’s notice, the City shall be entitled to cause such work to be completed and shall be entitled to reimbursement with respect thereto from the Owners as provided herein. C. Special Assessments Levied by the City. In the event the City has performed the necessary maintenance to either Common Area Lots and/or Association’s Easements, the City shall submit a written invoice to the Association for all costs incurred by the City to perform such maintenance of the Common Area Lots and or Association’s Easements. The City shall provide a copy of such invoice to each Owner in the Project, together with a statement that if the Association fails to pay such invoice in full within the time specified, the City will pursue collection against the Owners in the Project pursuant to the provisions of this Section. Said invoice shall be due and payable by the Association within twenty (20) days of receipt by the Association. If the Association shall fail to pay such invoice in full within the period specified, payment shall be deemed delinquent and shall be subject to a late charge in an amount equal to six percent (6%) of the amount of the invoice. Thereafter the City may pursue collection from the Association by means of any remedies available at law or in equity. Without limiting the generality of the foregoing, in addition to all other rights and remedies available to the City, the City may levy a special assessment against the Owners of each Lot in the Project for an equal prorata share of the invoice, plus the late charge. Such PC RESO NO. 4963 -7- 53- 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 D. E. F. G. special assessment shall constitute a charge on the land and shall be a continuing lien upon each Lot against which the special assessment is levied. Each Owner in the Project hereby vests the City with the right and power to levy such special assessment, to impose a lien upon their respective Lot and to bring all legal actions and/or to pursue lien foreclosure procedures against any Owner and his/her respective Lot for purposes of collecting such special assessment in accordance with the procedures set forth in Article of this Declaration. Landscape, Trail and Vista Point Maintenance Responsibilities. Landscape, trail and vista point maintenance shall be the responsibility of the Planning Area “I” and “J” HOAs or the individual lot owner and the details of that responsibility shall be set forth in the CC&Rs. Balconies, trellis and decks. The individual lot or unit owner allowances and prohibitions regarding balconies, trellis and decks shall be set forth in the CC&Rs. Recreational Vehicle Storage. Use and maintenance responsibilities of the common recreational vehicle storage area shall be set forth in the CC&Rs. Fire Suppression Areas. Fire suppression zones have been established per CDP 97-43(A). Each zone and use restriction within each zone shall be set forth in the CC&Rs. 16. This approval shall be null and void if the project site subject to this approval is not annexed to City of Carlsbad CFD No. 1 within 60 days of the approval. The City shall not issue any grading, building, or other permit, until the annexation is completed. The City Manager is authorized to extend the 60 days, for a period not to exceed 60 days, upon a showing of good cause. 17. Prior to the issuance of a grading permit, the Developer or their successors shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City’s Landscape Manual and the Mello II Segment of the Carlsbad Local Coastal Program. The Developer or their successors shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 18. Prior to the issuance of a grading permit, the Developer or their successors shall submit a landscape management plan consistent with the requirements of 21.203.040(H). 19. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Department and accompanied by the project’s building, improvement, and grading plans. 20. Concurrent with street improvements, the Developer or their successors shall provide bus stops to service this development at locations and with reasonable facilities to the satisfaction of the North County Transit District and the Planning Director. Said . facilities, if required, shall at a minimum include a bench, free from advertising, and a PC RESO NO. 4963 -8- 3-b 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 21. If satisfaction of the school facility requirement involves a Mello-Roos Community Facilities District or other financing mechanism which is inconsistent with City Council Policy No. 38, by allowing a pass-through of the taxes or fees to individual home buyers, then in addition to any other disclosure required by law or Council policy, the Developer or their successors shall disclose to future owners in the project, to the maximum extent possible, the existence of the tax or fee, and that the school district is the taxing agency responsible for the financing mechanism. The form of notice is subject to the approval of the Planning Director and shall at least include a handout and a sign inside the sales facility stating the fact of a potential pass-through of fees or taxes exists and where complete information regarding those fees or taxes can be obtained. 22. The Developer or their successors shall display a current Zoning and Land Use Map, or an alternative, suitable to the Planning Director, in the sales office at all times. All sales maps that are distributed or made available to the public shall include but not be limited to trails, future and existing schools, parks and streets. 23. 24. The Developer or their successors shall post a sign in the sales office in a prominent location that discloses which special districts and school district provide service to the project. Said sign shall remain posted until ALL of the units are sold. The Developer or their successors shall: 1) consult with the United States Fish and Wildlife Service (USFWS) regarding the impact of the project; and, 2) obtain any permits required by the USWFS. 25. Paleontology: pole for the bus stop sign. The facilities shall be designed to enhance or be consistent with basic architectural theme of the project. A. Prior to any grading of the project site, a paleontologist shall be retained to perform a walkover survey of the site and to review the grading plans to determine if the proposed grading will impact fossil resources. A copy of the paleontologist’s report shall be provided to the Planning Director prior to issuance of a grading permit; B. A qualified paleontologist shall be retained to perform periodic inspections of the site and to salvage exposed fossils. Due to the small nature of some of the fossils present in the geologic strata, it may be necessary to collect matrix samples for laboratory processing through fine screens. The paleontologist shall make periodic reports to the Planning Director during the grading process; C. The paleontologist shall be allowed to divert or direct grading in the area of an exposed fossil in order to facilitate evaluation and, if necessary, salvage artifacts; D. All fossils collected shall be donated to a public, non-profit institution with a research interest in the materials, such as the San Diego Natural History Museum; E. Any conflicts regarding the role of the paleontologist and the grading activities of the project shall be resolved by the Planning Director and City Engineer. PC RESO NO. 4963 -9- f 5/ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 26. 27. 28. 29. 30. 31. 32. Prior to the recordation of the first final tract map or the issuance of building permits, whichever occurs first, the Developer or their successors shall prepare and record a Notice that this property may be subject to noise impacts from the proposed or existing Transportation Corridor, in a form meeting the approval of the Planning Director and City Attorney (see Noise Form #l on file in the Planning Department). The Developer or their successors shall dedicate on the final map, an open space easement for those portions of lots 77, 78, 79, 81, 82, 83, 157, 158, 159, 160, 163, 164, 166, 170 which are in slopes, wetlands, coastal sage scrub or other constrained land plus all other lands set aside as part of the Citywide Open Space System to prohibit any encroachment or development, including but not limited to fences, walls, decks, storage buildings, pools, spas, stairways and landscaping, as shown on Exhibits “A” - “M”. Removal of native vegetation and development of Open Space Lot(s) 77, 78, 79, 81, 82, 83, 157, 158, 159, 160, 163, 164, 166, 170, including but not limited to fences, walls, decks, storage buildings, pools, spas, stairways and landscaping, other than that approved as part of the grading plan, improvement plans, biological re-vegetation program, landscape plan, etc. as shown on Exhibits “A” - “M”, is specifically prohibited, except upon written order of the Carlsbad Fire Department for fire prevention purposes, or upon written approval of the Planning Director, and California Coastal Commission if in Coastal Zone, based upon a request from the Homeowners Association accompanied by a report from a qualified arboristbotanist indicating the need to remove specified trees and/or plants because of disease or impending danger to adjacent habitable dwelling units. For areas containing native vegetation the report required to accompany the request shall be prepared by a qualified biologist. The Developer or their successors shall provide an irrevocable offer of dedication to the City of Carlsbad on the Final Map for a trail easement for trail(s) shown on the tentative map within Open Space Lot 78. Prior to the issuance of any building permits, the trail shall be constructed as a public trail for public use and accepted by the City of Carlsbad upon adoption of a Citywide Trails Program that includes provisions for maintenance and liability. Otherwise, prior to issuance of any building permits, the obligation for acceptance, construction, maintenance, and liability shall be the responsibility of another agency designated by the City or the responsibility of the Planning Area “J” Homeowner’s Association. Prior to the issuance of building permits for Planning Areas “I” or “J”, the final design of all of the recreational vehicle storage facility components on Lot 161 shall have been reviewed and approved by the Planning Director. The recreational vehicle storage facility on Lot 161 shall be completed and available prior to occupancy of any unit within Planning Areas “I” or “J.” The recreational vehicle storage facility on Lot 161 of Carlsbad Tract 97-16 is not a commercial facility and is for the exclusive use of the residents of Kelly Ranch Planning Areas A, E, I, J and L. Developer or their successors shall cause the owner to execute and record a deed restriction on Lot 161 designating it in perpetuity as a common recreational storage facility for Planning Areas A, E, I, J and L. PC RESO NO. 4963 -lO- 252 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 33. 34. 35. A deed restriction shall be placed on lot 162 limiting its use to day care and on lot 167 for use by the Agua Hedionda Lagoon Foundation as a Nature/Visitor Center. Prior to the issuance of a grading permit, the Developer or their successors shall submit a Public Education Program consistent with the requirements of 21.203.040(B)(4)(j). This approval is granted subject to the approval of CDP 97-43(A) and HDP 97-17(A) and is subject to all conditions contained in Planning Commission Resolutions No. 4964 and 4965 for those other approvals. 36. 37. 38. 39. 40. 41. 42. Engineering Unless specifically stated in the condition, all of the following engineering conditions, upon the approval of this proposed major subdivision, must be met prior to approval of a final map. The Developer or their successors shall provide an acceptable means for maintaining the private easements within the subdivision such as private: streets, sidewalks, street lights, storm drain facilities and sewer facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within the subdivision. Adequate provision for such maintenance shall be included in a recorded document subject to the approval of the City Engineer. Prior to issuance of any building permit, the Developer or their successors shall comply with the requirements of the City’s anti-graffiti program for wall treatments if and when such a program is formerly established by the City. There shall be one final subdivision map recorded for this project. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, the Developer or their successors shall submit to and receive approval from the City Engineer for the proposed haul route. The Developer or their successors shall comply with all conditions and requirements the City Engineer may impose with regards to the hauling operation. The Developer or their successors shall defend, indemnify and hold harmless the City and its agents, officers, and employees from any claim, action or proceeding against the City or its agents, officers, or employees to attack, set aside, void or null an approval of the City, the Planning Commission or City Engineer which has been brought against the City within the time period provided for by Section 66499.37 of the Subdivision Map Act. All concrete terrace drains shall be maintained by the homeowner’s association (if on commonly owned property) or the individual property owner (if on an individually owned lot). An appropriately worded statement clearly identifying the responsibility shall be placed in the CC&Rs (if maintained by the Association) and on the final map. The Developer or their successors shall provide for sight distance corridors in accordance with Engineering Standards, the tentative map, and as indicated in the “Special PC RESO NO. 4963 -ll- 59 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 Conditions”* , and, shall record the following statements on the conforming mylar tentative map and landscape concept plan: A. Mature vegetation within the site line area of all intersections shall be no greater than 30” in height or have a canopy no less than 8’ in height above the street grade. B. No structure, fence, wall, sign, or other object over 30 inches above the street level shall be placed or permitted to encroach within the area identified as a sight distance corridor in accordance with City Standards and the tentative map. The underlying property owner, or homeowner’s association shall maintain this condition. Fees/Agreements 43. 44. 45. 46. This project is within the proposed boundary of the Cannon Road West Bridge and Thoroughfare Fee District. This project is required to pay a fair share contribution towards the construction of Cannon Road in accordance with the proposed fee program. Prior to approval of any grading or building permits for this project, the owner shall give written consent to the annexation of the area shown within the boundaries of the subdivision plan into the existing City of Carlsbad Street Lighting and Landscaping District No. 1 on a form provided by the City. Developer or their successors shall cause property owner to execute and submit to the City Engineer for recordation, the City’s standard form Geologic Failure Hold Harmless Agreement. Developer or their successors shall cause property owner to execute and submit to the City Engineer for recordation the City’s standard form Drainage Hold Harmless Agreement regarding drainage across the adjacent property. Grading 47. Prior to the issuance of a grading permit, the Developer or their successors shall submit proof that a Notice of Intention has been submitted to the State Water Resources Control Board. 48. Based upon a review of the proposed grading and the grading quantities shown on the tentative map, a grading permit for this project is required. The Developer or their successors must submit and receive approval for grading plans in accordance with City codes and standards. Pursuant to these conditions of approval, Developer is aware of soil settlement issues at the subdivision boundary along Faraday Avenue and Cannon Road, and has requested that final engineering (grading, improvement and final map) plans be processed with this soil issue unresolved. Developer has agreed to process the final engineering plans at his own risk. Developer has agreed that any additional costs incurred due to redesign of the final engineering plans to mitigate soils settlement impacts,’ shall be assumed solely by the Developer or their successors, and, any revisions to the project to mitigate said soil settlement impacts PC RESO NO. 4963 -12- 4s 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 49. The following notes shall be placed on the grading plans: A. “Contractor/Inspection/Utility Co., Note 1: O”-2” of existing soil settlement may occur on Faraday Avenue, from Whitman Way to Cannon Road, including the Faraday Avenue/Cannon Road intersection. Soil settlement monuments shall be installed and monitored for all grading operations”; B. “Contractor/Inspection/Utility Co., Note 2: 10” - 20” of existing soil settlement may occur on Cannon Road, south of the Cannon Road/Hemingway Drive intersection. Soil settlement monuments shall be installed and monitored for all grading operations.” 50. Developer or their successors shall notify all applicable utility companies of the existing soil settlement impacts to Faraday Avenue, from Whitman Way to Cannon Road, including the Faraday Avenue/Cannon Road intersection. Developer or their successors shall provide evidence of notification to the City that the applicable utility companies have been made aware of the soil settlement impacts. Developer has agreed that any additional costs incurred due to redesign of the final engineering plans to mitigate soils settlement impacts to existing utilities, shall be assumed solely by the Developer or their successors. 51. Based upon review of the proposed grading and grading quantities shown on the tentative map, a precise grading plan and permit for this project is required. The developer or their successors shall apply for and obtain a grading permit from the City Engineer. 52. Upon completion of grading, the Developer or their successors shall ensure that an “as- graded” geologic plan is submitted to the City Engineer. The plan shall clearly show all the geology as exposed by the grading operation, all geologic corrective measures as actually constructed and must be based on a contour map which represents both the pre and post site grading. This plan must be signed by both the soils engineer and the engineering geologist. The plan shall be prepared on a 24” by 36” mylar or similar film and shall become a permanent record. 53. Cannon Road has been designed as a balanced grading project. To facilitate the grading and development of the private portions of Kelly Ranch, Cannon Road has been used as a borrow site. In consideration for Cannon Road having been used as a borrow site, the Developer or their successors shall grade the Kelly Ranch Core Area so that fill material is reciprocally available for the completion of Cannon Road and import material will not be required for Cannon Road. If import or export material is required, it shall be imported at the sole expense of the Kelly Ranch Core Area Developer or their successors. 54. This project requires off site grading. No grading for private improvements shall occur outside the limits of this approval unless Developer or their successors obtains, records and submits a recorded copy to the City Engineer a grading or slope easement or agreement from the owners of the affected properties. If Developer or their successors is may require that the project go back before Planning Commission and/or City Council for amendment. PC RESO NO. 4963 -13- L&J 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 55. unable to obtain the grading or slope easement, or agreement, no grading permit will be issued. In that case Developer or their successors must either apply for and obtain an amendment of this approval or modify the plans so grading will not occur outside the project and apply for and obtain a finding of substantial conformance from both the City Engineer and Planning Director. 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 be between April 1 and October 1 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 1 grading season deadline may be extended with the approval of the City Engineer subject to implementation 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 coastal resources. 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. Dedications/Improvements 56. Direct access rights for all lots abutting Cannon Road and Faraday Avenue shall be waived on the final map, including Planning Area ‘F’ (except for the driveway location that was previously approved in conjunction with the Agua Hedionda Nature Center Site Development Plan (SDP 98-15). 57. Developer or their successors shall cause Owner to make an irrevocable offer of dedication to the City and/or other appropriate entities for all public streets and other easements shown on the tentative map, including a standard knuckle and curb returns at the Hemingway Drive/Whitman Way intersection, at proposed Lot 163 (Area ‘D’). The offer shall be made by a certificate on the final map for this project. All land so offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated. 58. Developer or their successors shall cause Owner to make an irrevocable offer of dedication to the City and/or other appropriate entities for a permanent South Agua Hedionda interceptor sewer lift station located on Lot No. 82, or any other lot, as required by the California Coastal Commission and the City of Carlsbad, and as negotiated with the developer or their successors. If Lot No. 82 is approved by the California Coastal Commission as the site for the permanent lift station then the offer shall be made by a certificate on the final map for this project. If a determination for the lift station site has not been made prior to final map, then the irrevocable offer of dedication shall be done by separate instrument, prior to the issuance of any building permit. All land so offered shall be granted to the City free and clear of all liens and encumbrances with the exception of existing utility easements and without cost to the City. The City will only accept any irrevocable offer of dedication if a . final Coastal Development Permit is issued for the lift station. PC RESO NO. 4963 -14- $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 59. Prior to issuance of building permits, or as approved by the City Engineer, the Developer or their successors shall underground all existing overhead utilities along and within the subdivision. 60. Developer or their successors shall comply with the City’s requirements for meeting the National Pollutant Discharge Elimination System (NPDES) and San Diego Regional Water Quality Control Board (SDRWQCB) permits. Developer or their successors shall provide improvements constructed pursuant to Best Management Practices (BMP’s) as referenced in the “California Storm Water Best Management Practices Handbook” to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be submitted to and subject to the approval of the City Engineer. Said plans shall include but not be limited to notifying prospective owners and tenants, and doing, the following: a. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and hazardous waste products. b. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State, County and City requirements as prescribed in their respective containers. C. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. d. Infiltrate, filter or treat the volume of runoff produced by each and every storm event up to and including the 85th percentile 24-Hour storm and/or maximum flow rate of runoff produced by the 85th percentile hourly rainfall intensity, prior to conveying runoff in excess of this standard to the storm water conveyance system as required by California Regional Water Quality Control Board, San Diego Region, Order No. 2001-01, or any update thereof. e. Prior to the issuance of grading permit, the applicant shall prepare and submit to the City for approval, a “Storm Water Pollution Prevention Plan (SWPPP).” The SWPPP shall be in compliance with current requirements and provisions established by the SDRWQCB. The SWPPP shall address measures to reduce to the maximum extent possible storm water pollutant runoff at both pre and post- construction phases of the project. At a minimum, the SWPPP shall: 1. Identify existing and post-development on-site pollutants; 2. Recommend source control BMP’s to filter said pollutants; 3. Establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to resident education on the proper procedures for handling clean up and disposal of pollutants; PC RESO NO. 4963 -15- 43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. 5. 6. Include a water quality/urban runoff control and monitoring program to ensure that the discharge from all proposed outlets is consistent with local and regional standards (LCPA 2-99D, suggested modifications); Install “Pollutant Prevention Awareness” tile at all storm drain inlets/catch basins; Ensure long-term maintenance of all post constructed BMP’s in perpetuity; which may include, but are not limited to: a. Detention basins; b. Vegetated swales; C. Public and private storm drain catch basin inlet filters; d. Oil/water separators. 61. Plans, specifications, and supporting documents for all public improvements shall be prepared to the satisfaction of the City Engineer. In accordance with City Standards, the Developer or their successors shall install, or agree to install and secure with appropriate security as provided by law, improvements shown on the tentative map and site development plans, and, in accordance with the following: A. Install a fully actuated 4-way trafftc signal at the intersection of Cannon Road and Faraday Avenue (including the Area ‘F’ access). The Developer or their successors shall enter into a City standard traffic signal reimbursement agreement prior to issuance of any building permit. The Developer or their successors shall be eligible for a proportionate share reimbursement for their design and construction costs of this trafftc signal. The Developer or their successors shall calculate reimbursement costs and prepare the reimbursement request. The reimbursement request shall include cost documentation, which shall be reviewed to the satisfaction of, and approved by, the City Engineer; B. Install a fully actuated trafftc signal at the intersection of Faraday Avenue and Whitman Way, including a traffic signal interconnect with the Faraday Avenue/Cannon Road traffic signal; C. Bond for the design and construction of a fully actuated traffic signal at the Cannon Road/Hemingway Drive intersection (this trafftc signal shall be installed at the direction of the Deputy City Engineer - Transportation Division, and City Engineer); D. Construct full Major Arterial improvements to Cannon Road, including the landscaped raised median, from the southerly boundary of Kelly Ranch Village “E” (CT 96-07) to the southerly boundary of CT 97-16A. If the Kelly Ranch Core Area project does not go forward and the City constructs Cannon Road, and surcharges Cannon Road to accommodate the Kelly Ranch Core Area project, then the Developer of the Kelly Ranch Core Area shall complete their frontage improvements. Developer has agreed that any additional costs to surcharge Cannon Road to PC BESO NO. 4963 -16- i4 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 accommodate the Kelly Ranch Core Area project shall be assumed solely by the developer. If the Kelly Ranch Core Area project does not go forward and the City constructs Cannon Road, without surcharging Cannon Road to accommodate the Kelly Ranch Core Area project, then the Developer of the Kelly Ranch Core Area shall redesign (i.e., pull back or implement some other mitigation measure to the satisfaction of the City Engineer) the slopes along Cannon Road so that the slopes do not negatively impact Cannon Road due to soil settlement; and, the Developer shall also complete their frontage improvements. If the Kelly Ranch Core Area slopes along Cannon Road have to be redesigned pursuant to this condition, then the project may be required to go back before Planning Commission and/or City Council for amendment. The developer has entered into a reimbursement agreement dated December 15, 1998 and shall be eligible for fee credit and/or reimbursement for their portion of the Cannon Road common improvements as defined in the Cannon Road West Bridge & Thoroughfare District; E. Construct full on-site public street improvements as shown on the tentative map; F. Construct full off-site public street improvements for Whitman Way to Faraday Avenue, as shown on the tentative map; G. Install soil settlement mitigation measures/improvements (“improvements”) to Faraday Avenue, from Whitman Way to Cannon Road, including the Faraday Avenue/Cannon Road intersection, if said “improvements” are required due to surcharge or other soil settlement impacts. Existing surface and subsurface (utility) improvements shall be protected, or, if negatively impacted, due to settlement mitigation measures, replaced or repaired at the sole cost of the Developer or their successors, to the satisfaction of the City Engineer; H. I. Install a modified North County Transit District Standard Bus Turnout at the relocated San Diego Gas & Electric transmission tower on Cannon Road as shown on the tentative map, to the satisfaction of SDG&E, the Deputy City Engineer - Transportation Division and the City Engineer; Construct the South Agua Hedionda Interceptor permanent sewer along the project frontage within Cannon Road, connecting to the “dry line,, in Cannon Road, at the southerly boundary of Kelly Ranch Village “E’, (CT 96-07). The Developer or their successors may be eligible for a proportionate share reimbursement for their design and construction costs of this sewer line. If the developer is eligible for reimbursement, the developer shall calculate reimbursement costs and prepare the reimbursement request. The reimbursement request shall include cost documentation, which shall be reviewed to the satisfaction of, and approved by the City Engineer; J. Install permanent on-site sewer lines, as shown on the tentative map; PC RESO NO. 4963 -17- 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 K. L. M. N. 0. P. Q. Install permanent on-site water lines , s?s shown on the tentative map; Install a “Pollutant Prevention Awareness” tile at all storm drain inlets/catch basins; Install permanent off-site water lines (i.e., 8,’ connection at Village “E,,, through Area LcK,yy and, at Area “J”), as shown on the tentative map; Manhole covers at all locations on the collector sewer system shall be above the 24, elevation. (In accordance with CMWD District Engineer correspondence, dated 1 l/6/97.) Widen and fully improve one half of El Camino Real from Cannon Road to the improvements being installed for the Ranch0 Real (CT 90-13) project. This shall include the construction of au 18’ wide raised median with full landscape and hardscape improvements. Minor modifications to reduce impacts to the adjoining wetlands may be allowed. Those modifications may be to the right-of-way and/or improvement widths if required by responsible resource agencies. Those modifications must be to the satisfaction of the City Engineer. A reimbursement agreement may be entered into between the City and Developer for one half cost of the median improvements. The reimbursement may require the owner of the frontage on the northeasterly side of El Camino Real (Robertson property) to refund the cost of half of the improvements to the Developer or their successors of the Kelly Ranch development that paid for the raised median improvements. A reimbursement agreement may also be entered into between the City and Developer for full cost of the improvements to the southwesterly side of El Camino Real. The reimbursement may require the owner of the frontage on the northeasterly side of El Camino Real (Robertson property) to refund the cost of full improvements to the developer of the Kelly Ranch development that paid for the southwesterly El Camino Real improvements, that are considered off-site for Kelly Ranch and on-site for the Robertson property; Widen and improve Park Drive to a reduced section, as determined and approved by the City Engineer (in accordance with rescinded Master Plan 174, Page’s 46 & 56). This condition may be satisfied by Developer or their successors entering into an agreement with the City which obligates Developer to construct the required Park Drive improvements when and as Kelly Ranch Planning Area (Village) ‘A’ is developed. The Developer or their successors shall also create and record a Declaration of Restrictions which shall include the acknowledgment of such condition, acknowledging that the obligation shall run with the land, and specifically allocate the fulfillment of the condition to the Developer or its successor in interest to Planning Area (Village) ‘A’; Construct a potable water Pressure Reducing (PR) station to service Village ‘J’; PC RESO NO. 4963 -18- a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 62. 63. 64. 65. R Construct a potable water Pressure Reducing (PR) station to service Village ‘G’ (the apartment site), or, install private pressure reducing facilities, for each apartment building, to the satisfaction of the Deputy City Engineer - Design Division, and, the City Engineer; S. Construct skid resistant pavement at the proposed 150’ radius curves on Tolkien Way. A list of the above improvements shall be placed on an additional map sheet on the final map per the provisions of Sections 66434.2 of the Subdivision Map Act. Improvements shall be constructed within 18 months of approval of the secured improvement agreement or such other time as provided in said agreement. Drainage out-fall end treatments for any drainage outlets where a direct access road for maintenance purposes is not provided, shall be designed and incorporated into the grading/improvement plans for the project. These end treatments shall be designed so as to prevent vegetation growth from obstructing the pipe out-fall. Designs could consist of a modified outlet headwall consisting of an extended concrete spillway section with longitudinal curbing and/or radially designed rip-rap, or other means deemed appropriate (e.g. San Diego Regional Standard Drawing D-41), as a method of preventing vegetation growth directly in front of the pipe outlet, to the satisfaction of the City Engineer. Developer or their successors shall provide the design of all private streets and drainage systems to the satisfaction of the City Engineer. The structural section of all private streets shall conform to City of Carlsbad Standards based on R-value tests. All private streets and drainage systems shall be inspected by the City. Developer or their successors shall pay the standard improvement plan check and inspection fees. Prior to the approval of final map, Developer or their successors shall include in the project’s CC&Rs a basin maintenance provision indicating that with the exception of the basin in proposed lot 164, all permanent detention/retention/NPDES basins shall be maintained in perpetuity by the Developer or their successors, and/or Master Homeowner’s Association, and/or individual Homeowner’s Associations. Developer or their successors shall have the entire drainage system designed, submitted to and approved by the City Engineer, to ensure that runoff resulting fi-om lo-year frequency storms of 6 hours and 24 hours duration under developed conditions, are equal to or less than the runoff from a storm of the same frequency and duration under existing developed conditions. Both 6 hour and 24 hour storm durations shall be analyzed to determine the detention basin capacities necessary to accomplish the desired results. Final Map Notes 66. Notes to the following effect shall be placed on the final map as non-mapping data: A. This subdivision contains a remainder parcel. No building permit shall be issued for the remainder parcel until it is further subdivided pursuant to the provisions of Title 20 of the Carlsbad Municipal Code; B. The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any geological failure, ground water seepage or land subsidence and subsequent damage that may occur on, or adjacent to, PC RESO NO. 4963 -19- I? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C. D. E. F. this subdivision due to its construction, operation or maintenance; No structure, fence, wall, sign, or other object over 30 inches above the street grade shall be placed or permitted to encroach within the area identified as a sight distance corridor in accordance with City Standards and the tentative map. The underlying property owner, or homeowner’s association shall maintain this condition; This project is approved upon the expressed condition that building permits will not be issued for development of the subject property unless the agency serving the development has adequate water and sewer capacity available at the time development is to occur, and that such water and sewer capacity will continue to be available until time of occupancy; Mature vegetation within the site line area of all intersections shall be no greater than 30” in height or have a canopy no less than 8’ in height above the street grade; All improvements included in the site development plan (SDP 98-04) are privately owned and are to be privately maintained with the exception of the following: 1. Sewer lines within publicly dedicated easements; 2. Water lines within publicly dedicated easements. Special Conditions 67. The private intersections of Area’s “D, G & H” with Hemingway Drive and Whitman Way shall have clear 330’ minimum Caltrans corner sight distance sight lines. These clear sight lines shall be shown on the Landscape Concept plan conforming mylar. Water 68. 69. 70. 71. The Developer or their successors shall be responsible for all fees, deposits and charges which will be collected before and/or at the time of issuance of the building permit. The San Diego County Water Authority capacity charge will be collected at the issuance of application for any meter installation. The Developer or their successors shall provide detailed information to the Deputy City Engineer - Design Division regarding water demand, irrigation demand, fire flow demand in gallons per minute, and projected sewer flow in million gallons per day. The entire potable water system, reclaimed water system and sewer system shall be evaluated in detail by Developer or their successors and Deputy City Engineer - Design Division to insure that adequate capacity, pressure and flow demands can be met. All District pipelines, pump stations, pressure reducing stations and appurtenances for this project by the District shall be within public right-of-way or within easements granted to the District or the City of Carlsbad. PC RESO NO. 4963 -2o- Q8 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 72. 73. 74. Fire: 75. 76. 77. Prior to subsequent discretionary approvals, sequentially the developer’s engineer shall do the following: A. Meet with the City Fire Marshal and establish the fire protection requirements; B. Prepare and submit a colored recycled water use area map and submit this map to the Planning Department for processing and approval by the District Engineer; C. Prior to the preparation of sewer, water and recycled water improvement plans, the Developer or their successors shall submit preliminary system layouts to the District Engineer for review, comment and approval. All potable water and recycled water meters shall be placed within public right-of-way. No more than 19 homes shall be served on a single potable water distribution pipeline. For those locations with more than 19 homes, a looped potable water pipeline system shall be designed and shown on exhibits submitted for subsequent discretionary approvals. Prior to the issuance of a building permit, the applicant shall obtain tire department approval of a Fire Suppression Plan. The plan shall clearly indicate the methods proposed to mitigate and manage fire risk associated with native vegetation growing within 60 feet of structures and shall incorporate a combination of building materials, sufficient structural setbacks from native vegetation and selective thinning. The plan shall meet the intent of the fire suppression element of the City of Carlsbad Landscape Guidelines Manual and the Coastal Resource Protection Overlay Zone. Prior to occupancy of buildings, all wildland fuel mitigation activities must be complete, and the condition of all vegetation within 60 feet of structures found to be in conformance with an approved wildland fuel management plan. The applicant shall provide a street map which conforms with the following requirements: A 400 scale photo-reduction mylar, depicting proposed improvements and at least two existing intersections or streets. The map shall also clearly depict street centerlines, hydrant locations and street names. Code Reminders The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 78. The tentative map shall expire twenty-four (24) months from the date this tentative map approval becomes final. 79. Developer or their successors shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the PC RESO NO. 4963 -21- h9 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 satisfaction of the City Engineer. 80. Some improvements shown on the tentative parcel map and/or required by these conditions are located offsite on property which neither the City nor the owner has sufficient title or interest to permit the improvements to be made without acquisition of title or interest. The Developer or their successors shall immediately initiate negotiations to acquire such property. The Developer or their successors shall use its best efforts to effectuate negotiated acquisition. If unsuccessful, Developer or their successors shall demonstrate to the City Engineer its best efforts, and comply with the requirements of the Carlsbad Municipal Code Section 20.16.095 to notify and enable the City to successfully acquire said property by condemnation, 81. Some improvements shown on the tentative parcel map (Whitman Way) and/or required by these conditions are located offsite on property which the City owns. To permit the improvements to be made, acquisition of title or interest in this off- site property must be obtained by the Developer or their successors. The Developer or their successors shall immediately initiate negotiations with the City Public Works Director to acquire said property. The Developer or their successors shall use its best efforts to effectuate negotiated acquisition. 82. The Developer or their successors shall pay park-in-lieu fees to the City, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code. 83. Developer or their successors shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #l special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer or their successors shall also pay any applicable Local Facilities Management Plan fee for Zone 8, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 84. The Developer or their successors shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. Final Map Notes: 85. The Developer or their successors shall provide the following note on the final map of the subdivision and final mylar of this development submitted to the City: “Chapter 21.90 of the Carlsbad Municipal Code established a Growth Management Control Point for each General Plan land use designation. Development cannot exceed the Growth Control Point except as provided by Chapter 2 1.90. The land use designation for this development is (O-4) dwelling units per non-constrained acre for Planning Areas “I” and “I” and (8-15) dwelling units per non-constrained acre for Planning Areas “D”, “G”, and “H”. PC RESO NO. 4963 -22- w 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 Parcels 1-171 were used to calculate the intensity of development for the entire subdivision under the General Plan and Chapter 21.90 allowing a total of 568 dwelling units at the growth control point and an additional 73 units within Planning Areas “D “, “G”, and “H”. Subsequent redevelopment or resubdivision of any one of these parcels may not result in a total of more than 640 dwelling units except as provided by Chapter 21.90 of the Carlsbad Municipal Code.” General: 86. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 87. The project shall comply with the latest non-residential disabled access requirements pursuant to Title 24 of the State Building Code. 88. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from the date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. . . . PC RESO NO. 4963 -23- 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 2nd day of May 2001, by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Compas, Heineman, L’Heureux, Nielsen, and Trigas NOES: ABSENT: ABSTAIN: / JEFtiN. SEGALL& airperson CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RESO NO. 4963 -24- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 4964 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT OF HILLSIDE DEVELOPMENT PERMIT HDP 97-17 ON PROPERTY GENERALLY LOCATED SOUTH OF CANNON ROAD AND EAST OF FARADAY AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 8. CASE NAME: KELLY RANCH CASE NO: HDP 97-l 7(A) WHEREAS, The Kelly Land Company, “Developer and Owner”, has filed a verified application with the City of Carlsbad regarding property described as A portion of Lot “I” of Ranch0 Agua Hedionda and a portion of Lot “F” of Ranch0 Agua Hedionda all in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 823, filed in the offrce of the County Recorder of San Diego County, November 16,1896. (“the Property”); and WHEREAS, the California Coastal Commission approved Local Coastal Program Amendment LCPA 97-09 with modifications on July 11,200O; and WHEREAS, this Hillside Development Permit Amendment is necessary for the Kelly Ranch project to be consistent with the Local Coastal Program as amended by LCPA 97-09(A); and WHEREAS, said verified application constitutes a request for a Hillside Development Permit Amendment as shown on Exhibit(s) “A” - “M” dated May 2,2001, on file in the Carlsbad Planning Department, KELLY RANCH, HDP 97-17(A), as provided by Chapter 21.95 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 2nd day of May, 2001, consider said request; and 73 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, at said hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Hillside Development Permit Amendment; and WHEREAS, on the 7th day of April, 1999, the Planning Commission recommended approval of HDP 97-17 as described and conditioned in Planning Commission Resolution No. 4498; and, WHEREAS, on the 11th day of May, 1999, The City Council approved HDP 97-17 as described and conditioned in City Council Resolution No. 99-162; and WHEREAS, this resolution’s findings and conditions shall supercede the findings and conditions of Planning Commission Resolution No. 4498; and, NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: 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, HDP 97-17(A), based on the following findings and subject to the following conditions: Findings: 1. That hillside conditions have been properly identified on the constraints map which show existing and proposed conditions and slope percentages; 2. That undevelopable areas of the project, i.e. slopes over 40%, have been properly identified on the constraints map; 3. That as conditioned the development proposal is consistent with the intent, purpose, and requirements of the Hillside Ordinance, Chapter 21.95, in that hillside alteration will not result in substantial damage or alteration of significant natural resource areas, wildlife habitats or native vegetation areas; the natural appearance of hillsides is preserved by assuring that development density and intensity relates to the slope of the land, and is compatible with hillside preservation; proper design is utilized in grading, landscaping and in the development of structures and roadways to preserve the natural appearance of hillsides to the greatest extent feasible; a healthful and aesthetically pleasing environment is preserved and enhanced by assuring that PC BESO NO. 4964 -2- 7q 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. 5. 6. 7. 8. hillside development is pleasing to the eye, rich in variety, highly identifiable, and reflects the City’s cultural and environmental values; hillside conditions are properly identified and incorporated into the planning process; the intent of the land use and open space/conservation elements of the Carlsbad General Plan are implemented; erosion is prevented and the lagoons protected from excessive siltation; That the development of structures will not occur in the undevelopable portions of the site pursuant to provisions of Section 21.53.230 of the Carlsbad Municipal Code, in that all structures are located within areas that have been identified as developable. That as conditioned the project design substantially conforms to the intent of the concepts illustrated in the Hillside Development Guidelines Manual, in that the development was designed to take greatest advantage of the flatter areas of the site and manufactured slopes will be stepped in a best effort to reflect natural hillside progression. That the project design and lot configuration minimizes disturbance of hillside lands to the greatest extent possible, in that the project has been designed to take advantage of existing areas of less slope gradient and to step development pads. That the project is proposed with a modification to the Hillside Development Regulations as permitted by Section 21.95.070 with slopes that are greater than 30 feet in height which will result in more open space or undisturbed area than would a strict adherence to the requirements of the ordinance, in that the greater than 30 foot slopes allow steeper road grades which reduce the gross area of disturbance required to provide access to the different elevations of the site. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: 1. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City’s approval of this Hillside Development Permit Amendment. 2. Staff is authorized and directed to make, or require Developer or their successors to make, all corrections and modifications to the Hillside Development Permit document(s) necessary to make them internally consistent and in conformity with final action on the project. Development shall occur substantially as shown in the approved PC RESO NO. 4964 -3- (7 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. 4. 5. 6. 7. 8. Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. Adoption of Planning Commission Resolution No. 4964 [HDP 97-17(A)] voids and supersedes Planning Commission Resolution No. 4498 (HDP 97-17) and shall become effective upon concurrence by the California Coastal Commission with the Executive Director’s report of acceptance of the suggested modifications for Carlsbad LCPA 2-99D [reference Carlsbad LCPA 97-09(A)] as submitted by the City of Carlsbad. The Developer or their successors shall apply for and obtain a grading permit issued by the City Engineer consistent with all City grading policies and ordinances. 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 be between April 1 and October 1 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 1 grading season deadline may be extended with the approval of the City Engineer subject to implementation 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 coastal resources. 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. Developer or their successors shall construct/install storm drain facilities consistent with the Master Drainage Plan to the satisfaction of the City Engineer. This approval is granted subject to the approval of CT 97-16(A) and CDP 97-43(A)and is subject to all conditions contained in Planning Commission Resolutions No. 4963 and 4965 for those other approvals HDP 97-17(A) shall expire two years from recordation of the final map for CT 97-16 unless a grading permit has been issued by the City Engineer. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from the date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely PC RESO NO. 4964 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ‘19 20 21 22 23 24 25 26 27 28 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 2nd day of May 2001, by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Compas, Heineman, L’Heureux, Nielsen, and Trigas NOES: ABSENT: ABSTAIN: Y-7 // QQ < / JEFMEGALL, &&&person CARLSB~ PLAN-I&G COMMISSION C&BAD PLANNING dOMMISSION ATTEST: / MICHAEL J. HOwILL& Planning Director 1 PC RESO NO. 4964 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 4965 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT OF COASTAL DEVELOPMENT PERMIT NUMBER CDP 97-43 TO SUBDIVIDE 174 ACRES INTO 171 LOTS ON PROPERTY GENERALLY LOCATED SOUTH OF CANNON ROAD AND EAST OF FARADAY AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 8. CASE NAME: KELLY RANCH CASE NO.: CDP 97-43 (A) WHEREAS, The Kelly Land Company, “Developer and Owner”, has filed a verified application with the City of Carlsbad regarding property described as A portion of Lot “1” of Ranch0 Agua Hedionda and a portion of Lot “F” of Ranch0 Agua Hedionda, all in the City of Carlsbad, County of San Diego, State of California, according to the map thereof No. 823, filed in the office of the County Recorder of San Diego County, November 16,1896. (“the Property”); and WHEREAS, the California Coastal Commission approved Local Coastal Program Amendment LCPA 97-09 with modifications on July 11,200O; and WHEREAS, this Coastal Development Permit Amendment is necessary for the Kelly Ranch project to be consistent with the Local Coastal Program as amended by the Coastal Commission action on July 11,200O and LCPA 97-09(A) by the City of Carlsbad which incorporates the Coastal Commission’s suggested modifications; and WHEREAS, said verified application constitutes a request for a Coastal Development Permit Amendment as shown on Exhibits “A” - “M” dated May 2,200l on file in the Planning Department, KELLY RANCH, CDP 97-43(A), as provided by Chapter 2 1.201.040 of the Carlsbad Municipal Code; and 78 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ‘19 20 21 22 23 24 25 26 27 28 WHEREAS, the Planning Commission did, on the 2nd day of May, 2001, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearin g and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Coastal Development Permit Amendment; and, WHEREAS, on the 7th day of April, 1999, the Planning Commission recommended approval of CDP 97-43 as described and conditioned in Planning Commission Resolution No. 4499; and, WHEREAS, on the 11th day of May, 1999, the City Council approved CDP 97-43 as described and conditioned in City Council Resolution No. 99-162; and, WHEREAS, the California Coastal Commission approved LCPA 97-09 with suggested modifications which required project design revisions; and WHEREAS, this resolutions findings and conditions shall supercede the findings and conditions of Planning Commission Resolution No. 4499; and, NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That CDP 97-43(A) shall amend and supercede CDP 97-43. Cl That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of KELLY RANCH, CDP 97-43(A), based on the following findings and subject to the following conditions: FindinPs: 1. That the proposed development is in conformance with the Local Coastal Program as amended by LCPA 97-09(A) and all applicable policies in that the proposed project is in compliance with all of the development standards of the underlying zone as shown on Exhibits “A’‘-“M” dated May 2, 2001, the proposed residential density is within the density range established’by the Mello II segment, and is consistent with the intent of the individual policies of the applicable Local Coastal Program overlay zones. PC BESO NO. 4965 -2- 39 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. 3. 4. 5. 6. 7. That the project is designed to include erosion and water quality control as specified in Section 21.203.040(R)(4)(j) of the Coastal Resource Protection overlay zone policy. That the project protects steep slopes within Kelly Ranch Open Space, has minimized onsite paving, and prepared a Fire Suppression Plan per Section 21.203.040 (A) (2) (a-g) of the Coastal Resource Protection Overlay Zone. That grading is restricted to be accomplished between April 1 and October 1 of each year not withstanding the ability to extend the grading period to November 15 per Section 21.203.040 (B) (4) of the Coastal Resource Protection Overlay Zone. That the project includes measures for scenic preservation including setbacks, landscape, low intensity building colors, and limited building height per Section 21.203.040 (G) of the Coastal Resource Protection Overlay Zone. The proposal is in conformity with the public access -and recreation policies of Chapter 3 of the Coastal Act in that the project includes public access to vista points and does not prohibit access to the Agua Hedionda Lagoon or to the Pacific Ocean. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to Final Map. 1. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City’s approval of this Coastal Development Permit Amendment. 2. Staff is authorized and directed to make, or require Developer or their successors to make, all corrections and modifications to the document(s) necessary to make them internally consistent and in conformity with final action on the project. Development shall occur substantially as shown in the approved Exhibits “A’‘-“M” dated May 2, 2001. Any proposed development different from this approval, shall require an amendment to this approval. 3. Adoption of Planning Commission Resolution No. 4965 [GDP 97-43(A)] voids and supersedes Planning Commission Resolution No. 4499 (CDP 97-43) and shall become effective upon concurrence by the California Coastal Commission with the Executive Director’s report of acceptance of the suggested modifications for . PC RESO NO. 4965 -3- 86 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. 5. 6. 7. 8. 9. 10. Carlsbad LCPA 2-99D [reference Carlsbad LCPA 97-09(A)] as submitted by the City of Carlsbad. The Developer or their successors shall apply for and be issued grading permits for this subdivision within two (2) years of recordation of the final map for CT 97-16 or this Coastal Development Permit will expire unless extended per Section 21.201.210 of the Zoning Ordinance. A grading permit issued by the City Engineer consistent with all City grading policies and ordinances is required. Prior to the issuance of building permits, the Developer or their successors shall apply for and obtain a grading permit issued by the City Engineer 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 be between April 1 and October 1 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 1 grading season deadline may be extended with the approval of the City Engineer subject to implementation 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 coastal resources. 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. Storm drain facilities consistent with the Master Drainage Plan shall be installed as required by the City Engineer. Soil erosion control practices shall be used against “onsite” soil erosion to the satisfaction of the City Engineer. Offsite drainage shall be prevented through sediment control. Control methods shall be shown on the grading plans to the satisfaction of the City Engineer. This approval is granted subject to the approval of CT 97-16(A) and HDP 97-17(A) and is subject to all conditions contained in Planning Commission Resolutions No. 4963 and 4964 for those other approvals NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from the date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for PC RESO NO. 4965 -4- 8/ 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 processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processin, (J or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 2nd day of May 2001, by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Compas, Heineman, L’Heureux, Nielsen, and Trigas NOES: ABSENT: ABSTAIN: JEW SEG- airperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HOMMILtiR Planning Director / PC RESO NO. 4965 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 4966 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT OF SITE DEVELOPMENT PLAN SDP 98-04 FOR 451 APARTMENTS GENERALLY LOCATED SOUTH OF CANNON ROAD AND EAST OF FARADAY AVENUE IN LOCAL FACILITIES ZONE 8. CASE NAME: KELLY RANCH CASE NO.: SDP 98-04(A) WHEREAS, Archstone Communities, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by Kelly Land Company, “Owner,” described as A portion of Lot “1” of Ranch0 Agua Hedionda and a portion of Lot “F” of Ranch0 Agua Hedionda all in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 823, filed in the office of the County Recorder of San Diego County, November 16,1896. (“the Property”); and WHEREAS, the California Coastal Commission approved Local Coastal Program Amendment LCPA 97-09 with modifications on July 11,200O; and WHEREAS, this Site Development Plan Amendment is necessary for the Kelly Ranch project to be consistent with the Local Coastal Program as amended by LCPA 97-09(A); and WHEREAS, said verified application constitutes a request for a Site Development Plan Amendment as shown on Exhibit(s) “N” - “AA” and ‘cAl”-“A18y’ dated May 2, 2001, on tile in the Planning Department, KELLY RANCH- SDP .98-04(A) as provided by Chapter 2 1.06Section 2 1.53.120 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 2nd day of May, 2001, hold a duly noticed public hearing as prescribed by law to consider said request; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Site Development Plan Amendment; and WHEREAS, on the 7th day of July, 1999 the Planning Commission recommended approval of SDP 98-04 as described and conditioned in Planning Commission Resolution No. 4567; and WHEREAS, on the 17th day of August, 1999, the City Council approved SDP 98-04 as described in City Council Resolution No. 99-296; and WHEREAS, this resolutions findings and conditions shall supercede the findings and conditions of Planning Commission Resolution No. 4567; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning Commission RECOMMENDS APPROVAL of KELLY RANCH- SDP 98- 04(A), based on the following findings and subject to the following conditions: Findings: 1. That the requested use is properly related to the site, surroundings and environmental settings, is consistent with the various elements and objectives of the General Plan, will not be detrimental to existing uses or to uses specifically permitted in the area in which the proposed use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that the project conforms to the building height and setback requirements of the underlying zone and the project has been designed with several architectural features which will create a visually attractive development. 2. That the site for the intended use is adequate in size and shape to accommodate the use, in that the project has been proposed entirely within the development requirements of the underlying zone and no variance has been requested or required. 3. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, in that the project includes approved exhibits which will be the basis for issuing building permits. All development is required to be consistent with the approved exhibits. PC BESO NO. 4966 -2- 8y’ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. 5. 6. 7. 8. That the street systems serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that a local street system will be constructed concurrent with the development of the apartment buildings which will adequate11 accommodate the anticipated Average Daily Traffic. All necessary public facilities required by Chapter 21.90 of the Carlsbad Municipal Code will be constructed or are guaranteed to be constructed concurrently with the need for them created by this development and in compliance with the adopted City standards The project will provide sufficient additional public facilities for the density in excess of the control point to ensure that the adequacy of the City’s public facilities plans will not be adversely impacted. There have been suffkient developments approved in the quadrant at densities below the control point to cover the units in the project above the control point so that approval will not result in exceeding the quadrant limit. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to Final Map. 1. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City’s approval of this Site Development Plan Amendment. 2. Staff is authorized and directed to make, or require the Developer or their successors to make, all corrections and modifications to the Site Development Plan documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 3. Adoption of Planning Commission Resolution No. 4966 [SDP 98-04(A)] voids and supersedes Planning Commission Resolution No. 4567 (SDP 98-04) and shall become effective upon concurrence. by the California Coastal Commission with the Executive Director’s report of acceptance of the suggested modifications for Carlsbad LCPA 2-99D [reference Carlsbad LCPA 97-09(A)] as submitted by the City of Carlsbad. PC RESO NO. 4966 -3- r 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. 5. 6. 7. 8. 9. 10. The Developer or their successors shall provide the City with a reproducible 24” x 36”, mylar copy of the Site Plan as approved by the final decision making body. The Site Plan shall reflect the conditions of approval by the City. The Plan copy shall be submitted to the City Engineer and approved prior to building, grading, final map, or improvement plan submittal, whichever occurs first. The Developer or their successors shall include, as part of the plans submitted for any permit plan check, a reduced legible version of the approving resolutions on a 24” x 36” blueline drawing. Said blueline drawing(s) shall also include a copy of any applicable Coastal Development Permit and signed approved site plan. Building permits will not be issued for development of the subject property unless the District Engineer determines that sewer facilities are-available at the time of application for such sewer permits and will continue to be available until time of occupancy. The Developer or their successors shall pay the public facilities fee adopted by the City Council on July 28, 1987, (amended July 2, 1991) and as amended from time to time, and any development fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other ordinance adopted to implement a growth management system or Facilities and Improvement Plan and to fulfil1 the developer’s/subdivider’s agreement to pay the public facilities fee dated August 29, 1997, a copy of which is on file with the City Clerk and is incorporated by this reference. If the fees are not paid, this application will not be consistent with the General Plan and approval for this project will be void. Prior to approval of a building permit, the Developer or their successors shall submit evidence to the Planning Director that impacts to school facilities have been mitigated in conformance with the City’s Growth Management Plan to the extent permitted by applicable state law. If the mitigation involves a financing scheme such as a Mello-Roos Community Facilities District which is inconsistent with the City’s Growth Management Plan, including City Council Policy Statement No. 38, the Developer or their successors shall disclose to future owners in the project, to the maximum extent possible, the existence of the tax and that the school district is the taxing agency responsible for the financing district. If any condition for construction of any public improvements or facilities, or the payment of any fees-in-lieu thereof, imposed by this approval or imposed by law on this residential housing project are challenged this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. Trash receptacle areas shall be enclosed by a six-foot high masonry wall with gates pursuant to City standards. Location of said receptacles shall be approved by the Planning Director. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the Planning Director. PC RESO NO. 4966 -4- c & 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ’ 19 20 21 22 23 24 25 26 27 28 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. All visitor parking spaces shall be striped a different color than the assigned resident parking spaces and shall be clearly marked as may be approved by the Planning Director. Prior to the issuance of a grading permit, an exterior lighting plan including parking areas shall be submitted for Planning Director approval. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. No outdoor storage of materials shall occur unless required by the Fire Chief. In such instance a storage plan will be submitted for approval by the Fire Chief and the Planning Director. Prior to the issuance of a grading permit, the Developer’or their successors shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan, the City’s Landscape Manual, and the Mello II segment of the Carlsbad Local Coastal Program. The Developer or their successors shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Department and accompanied by the project’s building, improvement, and grading plans. The Developer or their successors shall submit and obtain Planning Director approval of a uniform sign program for this development prior to occupancy of any building. Building identification and/or addresses shall be placed on all new and existing buildings so as to be plainly visible from the street or access road; color of identification and/or addresses shall contrast to their background color. Prior to occupancy of any units, the Developer or their successors shall construct a directory sign at the entrance to the project. The design of this sign shall be approved by the Planning Director. Concurrent with street improvements, the Developer or their successors shall provide bus stops to service this development at locations and with reasonable facilities to the satisfaction of the North County Transit District and the Planning Director. Said facilities, if required, shall be free from advertising, and shall at a minimum include a bench and a pole for the bus stop sign. The facilities shall be designed to enhance or be consistent with the basic architectural theme of the project. Common recreation areas shall be provided as determined by the Planning Director with the development of each of the apartment buildings. The provision and distribution of affordable units shall be as described in the Affordable Housing Agreement Imposing Restrictions on Real Property by and between the City of Carlsbad, Kelly Land Company and PTR Developments Services, Inc. adopted by City Council .on July 28, 1998 by Resolution No. 98-257 and Addendum No. 1 to that agreement entered into February 13,200l. PC RESO NO. 4966 -5- 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 !O !l !2 !3 !4 !5 !6 !7 !8 22. 23. 24. 25. Prior to the issuance of a grading permit, the Developer or their successors shall obtain approval of a fire suppression plan consistent with the Mello II segment of the Local Coastal Program from the Carlsbad Fire Department. Prior to the issuance of a grading permit, the Developer or their successors shall obtain approval of a landscape management plan consistent with the requirements of 21.203.040(H) from the Planning Director. Prior to the issuance of a grading permit, the Developer or their successors shall obtain approval of a Public Education Program consistent with the requirements of 21.203.040(B)(4)(j) from the Planning Director. This approval is granted subject to the approval of CDP 98-66(A) and is subject to all conditions contained in Planning Commission Resolution No. 4967 for those other approvals 26. 27. 28. 29. 30. 31. Engineering: The Developer or their successors shall provide an acceptable means for maintaining the private easements within the Site Development Plan are SDP 98-04 as well as the private streets, sidewalks, street lights, storm drain facilities, and sewer facilities located therein. Adequate provision for such maintenance shall be included in a record document subject to the approval of the City Engineer. Prior to thk issuance of a building permit, the Developer or their successors shall comply with the City’s Anti-Graffiti program for wall treatments if and when such a program is formally established by the City. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, the Developer or their successors shall submit to and receive approval from the City Engineer for the proposed haul route. The Developer or their successors shall comply will all conditions and requirements the City Engineer may impose with regards to the hauling operation. The Developer or their successors shall provide for sight distance corridors in accordance with the Engineering Standards and the conditions of approval for CT 97-16. Mature vegetation within the site line area of all intersections shall be no greater than 30” in height or have a canopy no less than 8’ i.n height. No structure, fence, wall, sign, or other object over 30” in height above the street level shall be placed or permitted to encroach within the area identified as a sight distance corridor in accordance with City Standards. The underlying property owner shall maintain this condition. This project is within the proposed boundary of the Cannon Road West bridge and Thoroughfare Fee District. The project is required to pay a fare share contribution towards the construction of Cannon Road in accordance with the proposed fee program. The Developer or their successors shall pay all current fees and deposits required. PC RESO NO. 4966 -6- 89 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 32. 33. 34. The structural section for the access aisles must be designed with a traffic index of 5.0 in accordance with City Standards due to truck access through the parking area and/or aisles with an ADT greater than 500. The structural pavement design of the aisle ways shall be submitted together with required R-value soil test information and approved by the City as part of the building site plan check review. All improvements except water and sewer lines in public easements are private and are to be privately maintained. Based on the review of the proposed grading, a precise grading plan and permit is required. The Developer or their successors shall apply for and obtain a precise grading permit from the City Engineer. Water: 35. The Developer or their successors shall be responsible for all fees, deposits and charges which will be collected before and/or at the time of issuance of the building permit. The San Diego County Water Authority capacity charge will be collected at the issuance of application for any meter installation. 36. The Developer or their successors shall provide detailed information to the District Engineer regarding water demand, irrigation demand, fire flow demand in gallons per minute, and project sewer flow in million gallons per day. 37. 38. 39. The entire potable water system, reclaimed water system and sewer system shall be evaluated in detail by Developer or their successors and District Engineer to insure that adequate capacity, pressure and flow demands can be met. All District pipelines, pump stations, pressure reducing stations and appurtenances required for this project by the District shall be within public right-of-way or within easements granted to the District or the City of Carlsbad. Sequentially the Developer’s or their successors’ engineer shall do the following: A. B. Meet with the City Fire Marshall and establish the fire protection requirements Prepare and submit a colored recycled water use area map and submit this map to the Planning Department for processing and approval by the District Engineer. C. Prior to the preparation of sewer, water and recycled water improvement plans, the Developer or their successors shall submit preliminary system layouts to the District Engineer for review, comment and approval. 40. The following note shall be placed on the CT 97-16 fmal map: A. “This project is approved upon the expressed condition that building permits will not be issued for development of the subject property unless the District serving the development has adequate water and sewer capacity available at the time PC RESO NO. 4966 -7- 89 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 development is to occur, and that such water and sewer capacity will continue to be available until time of occupancy. 41. All potable water and recycled water meters shall be placed within public right-of-way. 42. No more than 19 homes shall be served on a single potable water distribution pipeline. For those locations with more than 19 homes, a looped potable water pipeline system shall be designed. 43. A public fire flow system shall be required for this industrial or commercial development, and it shall be constructed as a looped pipeline system. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PC RESO NO. 4966 -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on the 2nd day of May 2001, by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Compas, Heineman, L’Heureux, Nielsen, and Trigas NOES: ABSENT: ABSTAIN: CARLSBAD PL COMMISSION ATTEST: Planning Director PC RESO NO. 4966 -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 4967 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT OF COASTAL DEVELOPMENT PERMIT CDP 98-66 ON PROPERTY GENERALLY LOCATED SOUTH OF CANNON ROAD AND EAST OF FARADAY AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 8. CASE NAME: KELLY RANCH CASE NO.: CDP 98-66(A) WHEREAS, Archstone Communities, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by Kelly Land Company, “Owner,” described as A portion of Lot “I” of Ranch0 Agua Hedionda and a portion of Lot “F” of Ranch0 Agua Hedionda all in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 823, filed in the office of the County Recorder of San Diego County, November 16,1896. (“the Property”); and WHEREAS, the California Coastal Commission approved Local Coastal Program Amendment LCPA 97-09 with modifications on July 11,200O; and WHEREAS, this Coastal Development Permit Amendment is necessary for the Kelly Ranch project to be consistent with the Local Coastal Program as amended by the Coastal Commission action on July 11,200O and LCPA 97-09(A) by the City of Carlsbad which incorporates the Coastal Commission’s suggested modifications; and WHEREAS, said verified application constitutes a request for a Coastal Development Permit Amendment as shown on Exhibits “N” - “AA” and ‘cAl”-‘cA18” dated May 2, 2001, on file in the Planning Department, KELLY RANCH - CDP 98-66(A), as provided by Chapter 21.201.040 of the Carlsbad Municipal Code; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the Planning Commission did, on the 2nd day of May 2001, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Coastal Development Permit Amendment; and WHEREAS, on the 7th day of July, 1999 the Planning Commission recommended approval of CDP 98-66 as described and conditioned in Planning Commission Resolutions No. 4568; and WHEREAS, on the 17th day of August, 1999, the City Council approved CDP 98-66, as described in City Council Resolution No. 99-296. WHEREAS, the findings and conditions of this resolution shall supercede the findings and conditions of Planning Commission Resolution No. 4568; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning Commission RECOMMENDS APPROVAL of KELLY RANCH - CDP 98- 66(A), based on the following findings and subject to the following conditions: Findinps: 1. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that the proposed project is in compliance with all of the development standards of the underlying zone as shown on Exhibits “N”- “AA” dated May 2, 2001, the proposed residential density is within the density range established by the Mello II segment, and is .consistent with the intent of the individual policies of the applicable Local Coastal Program overlay zones. 2. That the project is designed to include erosion and water quality control as specified in Section 21.203.040(B)(4)@ of the Coastal Resource Protection overlay zone policy. 3. That the project protects steep slopes within Kelly Ranch Open Space, has minimized onsite paving, and is conditioned to prepare a Fire Suppression Plan per Section 21.203.040 (A) (2) (a-g) of the Coastal Resource Protection Overlay Zone. PC PESO NO. 4967 -2- 93 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. 5. 6. 7. That grading is required to be accomplished between April 1 and October 1 of each year not withstanding the ability to extend the grading per Section 21.203.040 (B) (4) of the Coastal Resource Protection Overlay Zone. That the project includes measures for scenic preservation including setbacks, landscape, low intensity building colors, and limited building height per Section 21.203.040 (G) of the Coastal Resource Protection Overlay Zone. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the project includes public access to vista points and does not prohibit access to the Agua Hedionda Lagoon or to the Pacific Ocean. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to Final Map. 1. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City’s approval of this Coastal Development Permit Amendment. 2. Staff is authorized and directed to make, or require the Developer or their successors to make, all corrections and modifications to the documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 3. Adoption of Planning Commission Resolution No. 4967 [CDP 98-66(A)] voids and supersedes Planning Commission Resolution No. 4568 (HDP 98-66) and shall become effective upon concurrence by the California Coastal Commission with the Executive Director’s report of acceptance of the suggested modifications for Carlsbad LCPA 2-99D [reference Carlsbad LCPA 97-09(A)] as submitted by the City of Carlsbad. 4. The Developer or their successors shall apply for and obtain building permits for this project within two (2) years of the recordation of the final map for CT 97-16 or this coastal development permit will expire unless extended per Section 21.201.210 of the Zoning Ordinance. PC RESO NO. 4967 -3- 94 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. 6. 7. 8. 9. 10. 11. 12. 13. Prior to the issuance of building permits, the Developer or their successors shall apply for and obtain a grading permit issued by the City Engineer. 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 be between April 1 and October 1 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 1 grading season deadline may be extended with the approval of the City Engineer subject to implementation 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 coastal resources. 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. Storm drain facilities consistent with the Master Drainage Plan shall be installed as required by the City Engineer. Soil erosion control practices shall be used against “onsite” soil erosion to the satisfaction of the City Engineer. Offsite drainage shall be prevented through sediment control. Control methods shall be shown on the grading plans to the satisfaction of the City Engineer. Prior to the issuance of a grading permit, the Developer or their successors shall obtain approval of a fire suppression plan consistent with the Mello II segment of the Local Coastal Program from the Carlsbad Fire Department. Prior to the issuance of a grading permit, the Developer or their successors shall obtain approval of a landscape management plan consistent with the requirements of 21.203.040(H) from the Planning Director. Prior to the issuance of a grading permit, the Developer or their successors shall obtain approval of a Public Education Program consistent with the requirements of 21.203.040(R)(4)(j) from the Planning Director. This approval is granted subject to the approval of SDP 98-04(A) and is subject to all conditions contained in Planning Commission Resolution No. 4966 for those other approvals NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” PC RESO NO. 4967 -4- c?y \ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NOES: 16 ABSENT: 17 18 19 20 21 22 23 24 25 26 27 28 You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 2nd day of May 2001, by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Compas, Heineman, L’Heureux, Nielsen, and Trigas ABSTAIN: a CARLSBdD PLANNING COMMISSION ATTEST: Planning Director PC RESO NO. 4967 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 4968 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT OF SITE DEVELOPMENT PLAN SDP 98-18 FOR 147 RESIDENTIAL LOTS ON PROPERTY GENERALLY LOCATED SOUTH OF CANNON ROAD AND EAST OF FARADAY ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 8 CASE NAME: KELLY RANCH CASE NO.: SDP 98-18(A) WHEREAS, Shea Homes, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by Kelly Land Company, “Owner,” described as A portion of Lot “I” of Ranch0 Agua Hedionda and a portion of Lot “F” of Ranch0 Agua Hedionda all in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 823, filed in the office of the County Recorder of San Diego County, November 16,1896. (“the Property”); and WHEREAS, the California Coastal Commission approved Local Coastal Program Amendment LCPA 97-09 with modifications on July 11,200O; and WHEREAS, this Site Development Plan Amendment is necessary for the Kelly Ranch project to be consistent with the Local Coastal Program as amended by LCPA 97-09(A); and WHEREAS, said verified application constitutes a request for a Site Development Plan Amendment as shown on Exhibit(s) “BB” - “DD” and “Jl’‘-“J12” and “11’‘-“IlO” dated May 2,2001, on file in the Planning Department, KELLY RANCH- SDP 98-18(A) as provided by Chapter 2 l.O6/Section 21.53.120 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 2nd day of May, 2001, hold a duly noticed public hearing as prescribed by law to consider said request; and 97 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, at said public hearing, uptin hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Site Development Plan Amendment; and WHEREAS, on the 7th day of July, 1999 the Planning Commission approved SDP 98-18 as described and conditioned in Planning Commission Resolution I\ro. 4560. WHEREAS, the findings and conditions of this resolution shall supercede the findings and conditions of Planning Commission Resolution No. 4560 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning Commission RECOMMENDS APPROVAL of KELLY RANCH - SDP 98- 18(A) based on the following findings and subject to the following conditions: Findinps: A. B. C. D. That the requested use is properly related to the site, surroundings and environmental settings, is consistent with the various elements and objectives of the General Plan, will not be detrimental to existing uses or to uses specifically permitted in the area in which the proposed use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that the proposed homes comply with the setback regulations of the zone and are compatible with other homes existing in the area. That the site for the intended use is adequate in size and shape to accommodate the use, in that the number of homes proposed is consistent with the density allowed by the General Plan and Growth Management Ordinance. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, in that the proposed homes are within the limitations for height and distance from property lines as required by the R-l zone and Planned Development Ordinance and are shown on the project exhibits. That the street systems serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the streets have been designed according to City of Carlsbad standards and will have the capacity for the anticipated 1,460 Average Daily Traffic. PC RESO NO. 4968 -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 E. The Planning commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: Note: 1. 2. 3. 4. 5. 6. 7. Unless otherwise specified herein, all conditions shall be satisfied prior to Final Map. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City’s approval of this Site Development Plan Amendment. Staff is authorized and directed to make, or require the Developer or their successors to make, all corrections and modifications to the Site Development Plan documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. Adoption of Planning Commission Resolution No. 4968 [SDP 98-18(A)] voids and supersedes Planning Commission Resolution No. 4560 (SDP 98-18) and shall become effective upon concurrence by the California Coastal Commission with the Executive Director’s report of acceptance of the suggested modifications for Carlsbad LCPA 2-99D [reference Carlsbad LCPA 97-09(A)] as submitted by the City of Carlsbad. The Developer or their successors shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. The Developer or their successors shall provide the City with a reproducible 24” x 36”, mylar copy of the Site Plan as approved by the final decision making body. The Site Plan shall reflect the conditions of approval by the City. The Plan copy shall be submitted to the City Engineer and approved prior to building, grading, final map, or improvement plan submittal, whichever occurs first. The Developer or their successors shall include, as part of the plan submitted for any permit plan check, a reduced legible version of the approving resolution(s) on a 24” x 36” blueline drawing. The Developer or their successors shall pay the public facilities fee adopted by the City Council on July 28, 1987, (amended July 2,199l) and as amended from time to time, and any development fees established by the City Council pursuant to Chapter 21.90 of the PC RESO NO. 4968 -3- 99 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8. Prior to the issuance of a building permit, the Developer or their successors shall provide proof to the Director from the School District that this project has satisfied its obligation to provide school facilities. 9. 10. 11. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 8 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits, including, but not limited to the following: a. Construction of Cannon Road b. Availability of the South Agua Hedionda Sewer Intercepter If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this residential housing project are challenged this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. The Developer or their successors shall establish a homeowner’s association and corresponding covenants, conditions and restrictions for Planning Areas “I” and “J”. Said CC&Rs shall be submitted to and approved by the Planning Director prior to final map approval. Prior to issuance of a building permit the Developer or their successors shall provide the Planning Department with a recorded copy of the official CC&Rs that have been approved by the Department of Real Estate and the Planning Director. At a minimum, the CC&Rs shall contain the following provisions: a. General Enforcement bv the Citv. The City shall have the right, but not the obligation, to enforce those Protective Covenants set forth in this Declaration in favor of, or in which the City has an interest. PC RFSO NO. 4968 b. Notice and Amendment. A copy of any proposed amendment shall be provided to the City in advance. If the proposed amendment affects the City, City shall have the right to disapprove. A copy of the final approved amendment shall be transmitted to City within 30 days for the official record. Failure of Association to Maintain Common Area Lots and Easements. In the event that the Association fails to maintain the “Common Area Lots and/or the Association’s Easements” as provided in Article , Section the City shall have the right, but not the duty, to perform the necessary maintenance. If the City elects to perform such maintenance, the City shall give written notice to the Association, with a copy . thereof to the Owners in the Project, setting forth with particularity the maintenance -4- /60 Carlsbad Municipal Code or other ordinance adopted to implement a growth management system or Facilities and Improvement Plan and to fulfil1 the developer’sisubdivider’s agreement to pay the public facilities fee dated August 29, 1997, a copy of which is on file with the City Clerk and is incorporated by this reference. If the fees are not paid, this application will not be consistent with the General Plan and approval for this project will be void. 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 which the City finds to be required and requesting the same be carried out by the Association within a period of thirty (30) days from the giving of such notice. In the event that the Association fails to carry out such maintenance of the Common Area Lots and/or Association’s Easements within the period specified by the City’s notice, the City shall be entitled to cause such work to be completed and shall be entitled to reimbursement with respect thereto from the Owners as provided herein. C. Special Assessments Levied bv the City. In the event the City has performed the necessary maintenance to either Common Area Lots and/or Association’s Easements, the City shall submit a written invoice to the Association for all costs incurred by the City to perform such maintenance of the Common Area Lots and or Association’s Easements. The City shall provide a copy of such invoice to each Owner in the Project, together with a statement that if the Association fails to pay such invoice in full within the time specified, the City will pursue collection against the Owners in the Project pursuant to the provisions of this Section. Said invoice shall be due and payable by the Association within twenty (20) days of receipt by the Association. If the Association shall fail to pay such invoice in full within the period specified, payment shall be deemed delinquent and shall be subject to a late charge in an amount equal to six percent (6%) of the amount of the invoice. Thereafter the City may pursue collection from the Association by means of any remedies available at law or in equity. Without limiting the generality of the foregoing, in addition to all other rights and remedies available to the City, the City may levy a special assessment against the Owners of each Lot in the Project for an equal prorata share of the invoice, plus the late charge. Such special assessment shall constitute a charge on the land and shall be a continuing lien upon each Lot against which the special assessment is levied. Each Owner in the Project hereby vests the City with the right and power to levy such special assessment, to impose a lien upon their respective Lot and to bring all legal actions and/or to pursue lien foreclosure procedures against any Owner and his/her respective Lot for purposes of collecting such special assessment in accordance with the procedures set forth in Article of this Declaration. d. Landscape, Trail and Vista Point Maintenance Responsibilities. The HOAs and individual lot or unit owner landscape, trail and vista point maintenance responsibilities shall be as set forth in the CC&Rs. e. Balconies, trellis and decks. The individual lot or unit owner allowances and prohibitions regarding balconies, trellis and decks shall be as set forth in the CC&Rs. f. Recreational Vehicle Storape. Use and maintenance responsibilities of the common recreational vehicle storage area shall. be as set forth in the CC&&s. g. Fire Suppression Areas. Fire suppression zones have been established per CDP 97-43(A). Each zone and use restrictions within each zone shall be as set forth in the CC&Rs. 12. This approval shall be null and void if the project site subject to this approval is not annexed to City of Carlsbad CFD No. 1 within 60 days of approval. The City shall not issue any grading, building, or other permit, until the annexation is completed. The City PC RESO NO. 4968 -5- /6/ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. Manager is authorized to extend the 60 days, for a period not to exceed 60 days, upon a showing of good cause. Prior to the issuance of a grading permit, the Developer or their successors shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City’s Landscape Manual and the Mello II segment of the Local Coastal Program. The Developer or their successors shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Department and accompanied by the project’s building, improvement, and grading plans. The Developer or their successors shall display a current Zoning and Land Use Map, or an alternative, suitable to the Planning Director, in the sales office at all times. All sales maps that are distributed or made available to the public shall include but not be limited to trails, future and existing schools, parks and streets. The Developer or their successors shall post a sign in the sales office in a prominent location that discloses which special districts and school district provide service to the project. Said sign shall remain posted until ALL of the units are sold. All sales maps that are distributed or made available to the public shall include but not be limited to trails, future and existing schools, parks and streets. The Developer or their successors shall diligently implement, or cause the implementation of, all applicable mitigation measures identified in the Supplemental Final EIR 98-05 that are found by this resolution to be feasible. The Developer or their successors shall implement, or cause the implementation of, the Kelly Ranch Project Mitigation Monitoring and Reporting Program. The project is subject to the Kelly Ranch Affordable Housing Agreement adopted by City Council on July 28,1998 by Resolution No. 98-257 and Addendum No. 1 to that agreement entered into on February 13,200l. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. Prior to the issuance of a grading permit, the Developer or their successors shall obtain approval of a fire suppression plan consistent with the Mello II segment of the Local Coastal Program from the Carlsbad Fire Department. PC RESO NO. 4968 -6- /Q 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 23. 24. 25. 26. Prior to the issuance of a grading permit, the Developer or their successors shall obtain approval of a landscape management plan consistent with the requirements of 21.203.040(H) from the Planning Director. Prior to the issuance of a grading permit, the Developer or their successors shall obtain approval of a Public Education Program consistent with the requirements of 21.203.040(B)(4)(j) from the Planning Director. The recreational vehicle storage facility on Lot 161 of Carlsbad Tract 97-16 is not a commercial facility and is for the exclusive use of the residents of Kelly Ranch Planning Areas A, E, I, J and L. Developer or their successors shall cause the owner to execute and record a deed restriction on Lot 161 designating it in perpetuity as a common recreational storage facility for Planning Areas A, E, I, J and L. Additionally, the facility shall be maintained by the Developer or their successors. This approval is granted subject to the approval of CDP 98-70(A) and is subject to all conditions contained in Planning Commission Resolution No. 4969 for those other approvals. En Pineering: 27. 28. 29. 30. 31. 32. Prior to issuance of any building permit, the Developer or their successors shall comply with the requirements of the City’s anti-graffiti program for wall treatments if and when such a program is formerly established by the City. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, the Developer or their successors shall submit to and receive approval from the City Engineer for the proposed haul route. The Developer or their successors shall comply with all conditions and requirements the City Engineer may impose with regards to the hauling operation. The Developer or their successors shall pay all current fees and deposits required. Based on the proposed grading a precise grading plan and permit for this project is required. The Developer or their successors shall apply for and obtain a precise grading permit from the City Engineer. Prior to the issuance of a grading permit, the Developer or their successors shall proof that a Notice of Intention has been submitted to the State Water Resources Control Board. The Developer or their successors shall comply with the City’s requirements of the National Pollutant Discharge Elimination System (NPDES) permit. The Developer or their successors shall provide best management practices as referenced in the “California Storm Water Best Management Practices Handbook” to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be prepared by the Developer or their successors and approved by the City Engineer. Said plans shall include but not be limited to notifying prospective owners and tenants of the following: PC RES0 NO. 4968 -7- io 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 A. B. C. Please take All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and hazardous waste products. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State, County and City requirements as prescribed in their respective containers. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements NOTICE NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any feedexactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. ... ... ... PC RES0 NO. 4968 -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on the 2nd day of Mag 2001, by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Compas, Heineman, L’Heureux, Nielsen, and Tngas NOES: ABSENT: ABSTAIN: JEF- . SEGALL,@rperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HOEZMIL~R Planning Director PC RES0 NO. 4968 -9- m- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 4969 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT FOR COASTAL LOTS ON PROPERTY GENERALLY LOCATED SOUTH OF CANNON ROAD AND EAST OF FARADAY AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 8. CASE NAME: KELLY RANCH DEVELOPMENT PERMIT CDP 98-70 FOR 147 RESIDENTIAL CASE NO.: CDP 98-70(A) WHEREAS, Shea Homes, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by Kelly Land Company, “Owner,” described as A portion of Lot LcI” of Rancho Agua Hedionda and a portion of Lot bbF“ of Rancho Agua Hedionda all in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 823, filed in the office of the County Recorder of San Diego County, November 16,1896. (“the Property”); and WHEREAS, the California Coastal Commission approved Local Coastal Program Amendment LCPA 97-09 with modifications on July 11,2000; and WHEREAS, this Coastal Development Permit Amendment is necessary for the Kelly Ranch project to be consistent with the Local Coastal Program as amended by the Coastal Commission action on July 11,2000 and LCPA 97-09(A) by the City of Carlsbad which incorporates the Coastal Commission’s suggested modifications; and WHEREAS, said verified application constitutes a request for a Coastal Development Permit Amendment as shown on Exhibits “BB” - “DD” and c‘Jl”-ccJ12~’ and “11”-“110” dated May 2, 2001, on file in the Planning Department, KELLY RANCH - CDP 98-70(A) as provided by Chapter 21 201 -040 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 2nd day of May 2001, hold a duly noticed public hearing as prescribed by law to consider said request; and /ah 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Coastal Development Permit Amendment; and, WHEREAS, on the 7th day of July, 1999 the Planning Commission approved CDP 98-70 as described and conditioned in Planning Commission Resolution No. 4561. WHEREAS, the findings and conditions of this resolution shall supercede the findings and conditions of Planning Commission Resolution No. 4561. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of KELLY RANCH - CDP 98-70(A) based on the following findings and subject to the following conditions: Findinm: 1. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that the proposed project is in compliance with all of the development standards of the underlying zone as shown on Exhibits “BB”- “DD” dated May 2, 2001, the proposed residential density is within the density range established by the Mello I1 segment, and is consistent with the intent of the individual policies of the applicable Local Coastal Program overlay zones. That the project is designed to include erosion and water quality control as specified in Section 21.203.040(B)(4)Cj) of the Coastal Resource Protection overlay zone policy. That the project protects steep slopes within Kelly Ranch Open Space, has minimized onsite paving, and is conditioned to prepare a Fire Suppression Plan per Section 21.203.040 (A) (2) (a-g) of the Coastal Resource Protection Overlay Zone. That grading is restricted to be accomplished between April 1 and October 1 of each year not withstanding the ability to extend the grading period per Section 21.203.040 (B) (4) of the Coastal Resource Protection Overlay Zone. That the project includes measures for scenic preservation including setbacks, landscape, low intensity building colors, and limited building height per Section 21.203.040 (G) of the Coastal Resource Protection Overlay Zone. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the project includes public access to vista points and does not prohibit access to the Agua Hedionda Lagoon or to the Pacific Ocean. 2. 3. 4. 5. 6. PC RES0 NO. 4969 -2- /d 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to Final Map. 1. 2. 3. 4. 5. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City’s approval of this Coastal Development Permit Amendment. Staff is authorized and directed to make, or require the Developer or their successors to make, all corrections and modifications to the documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. The Developer or their successors shall apply for and be issued building permits for this project within two (2) years of recordation of the final map for CT 97-16 or this coastal development permit will expire unless extended per Section 21.201.210 of the Zoning Ordinance. Prior to the issuance of building permits, the Developer or their successors shall apply for and obtain a grading permit issued by the City Engineer. 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 be between April 1 and October 1 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 1 grading season deadline may be extended with the approval of the City Engineer subject to implementation 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 coastal resources. 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. PC RES0 NO. 4969 -3- /D 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 6. 7. 8. 9. 10. 11. 12. 13. Storm drain facilities consistent with the Master Drainage Plan shall be installed as required by the City Engineer. Soil erosion control practices shall be used against “onsite” soil erosion to the satisfaction of the City Engineer. Offsite drainage shall be prevented through sediment control. Control methods shall be shown on the grading plans to the satisfaction of the City Engineer. Prior to the issuance of a grading permit, the Developer or their successors shall obtain approval of a fire suppression plan consistent with the Mello I1 segment of the Local Coastal Program from the Carlsbad Fire Department. Prior to the issuance of a grading permit, the Developer or their successors shall obtain approval of a landscape management plan consistent with the requirements of 21.203.040(H) from the Planning Director. Prior to the issuance of a grading permit, the Developer or their successors shall obtain approval of a Public Education Program consistent with the requirements of 21.203.040(B)(4)(j) from the Planning Director. This approval is granted subject to the approval of SDP 98-04(A) and is subject to all conditions contained in Planning Commission Resolution No. 4968 for those other approvals. Adoption of Planning Commission Resolution No. 4969 [CDP 98-7O(A)J voids and supersedes Planning Commission Resolution No. 4561 (CDP 98-70) and shall become effective upon concurrence by the California Coastal Commission with the Executive Director’s report of acceptance of the suggested modifications for Carlsbad LCPA 2-99D [reference Carlsbad LCPA 97-09(A)] as submitted by the City of Carlsbad. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from date of final approval to protest imposition of these feedexactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PC RES0 NO. 4969 -4- m 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 2nd day of May 2001, by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Compas, Heineman, L'Heureux, Nielsen, and Trigas NOES: ABSENT: ABSTAIN: JEFF . SEGALL, Chdrperson C-K PLANNING COMMISSION ATTEST: MICHAEL J. HOBM~~~R Planning Director PC RES0 NO. 4969 -5- //b The City of CARLSBAD Planning Department EXHIBIT 6 A REPORT TO THE PLANNING COMMISSION P.C. AGENDA OF: May 2,2001 Item No. -;complete date: Project Planner: Christer Westman Project Engineer: Mike Shirey SUBJECT: GPA 00-09/ZCA 00-06/CT 97-1 6(A)/HDP 97-17(A)/CDP 97-43(A)/SDP 98- 04(A)/CDP 98-66(A)/SDP 98-18(A)/CDP 98-70(A) - KELLY RANCH - TO amend previously approved discretionary actions taken by the City of Carlsbad on the Kelly Ranch “Core Area” reducing the number of single family residential lots by seven, reducing the number of apartment units by 43, relocating hture day care and recreational vehicle storage areas, establishing modified open space preservation areas, amending the Carlsbad Zoning Ordinance to modify regulations relating to coastal resources, and amending the General Plan land use map on property generally located south of Cannon Road and east of Faraday Avenue in Local Facilities Management Zone 8. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 4960 RECOMMENDING APPROVAL of a Negative Declaration and ADOPT Planning Commission Resolutions No. 4961 - 4969 RECOMMENDING APPROVAL of General Plan Amendment GPA 00-09, Zone Code Amendment ZCA 00-06, Tract Map Amendment CT 97- 16(A), Hillside Development Permit Amendment HDP 97- 17(A), Coastal Development Permit Amendment CDP 97-43(A), Site Development Plan Amendment SDP 98-04(A), Coastal Development Permit Amendment CDP 98-66(A), Site Development Plan Amendment SDP 98- 18(A) and Coastal Development Permit Amendment CDP 98-70(A) based on the findings and subject to the conditions contained therein. 11. INTRODUCTION The Kelly Ranch “Core Area” tentative tract map, associated permits, and associated legislative actions, including Local Coastal Program Amendment (LCPA 97-09), were reviewed by the Planning Commission and the City Council and approved in spring 1999. Subsequently the California Coastal Commission reviewed LCPA 97-09 and approved it subject to the addition of numerous modifications. Most significantly, the modifications included avoidance of wetlands within an existing Planning Area “D” detention basin, preservation of additional open space adjacent to Planning Area “J”, incorporation of several development standards into the Mello I1 and Agua Hedionda segments of the Local Coastal Program, and incorporation of the same development standards into the Coastal Resource Protection Overlay Zone (Chapter 21.203) of the Zoning Ordinance. GPA 00-09/ZCA 00-06/CT 97- 16(A)/HDP 97-1 7(A)/CDP 97-43(A)/ SDP 98-04(A)/CDP 98-66(A)/SDP 98-1 8(A)/CDP 98-70(A) - KELLY RANCH May 2,2001 Page 2 The City Council approved the Coastal Commission suggested modifications as an amendment [LCPA 97-09(A)] and directed staff to follow-up with the legislative actions necessary to implement the suggested modifications and to process the physical changes to the Kelly Ranch tentative tract map and associated permits to make them consistent with the new standard of review. The proposed actions include a General Plan Land Use Amendment, text additions to Chapter 21.203 of the Zoning Ordinance and review of the changes to the Kelly Ranch “Core Area” tentative tract map and associated permits. The revised project has been analyzed for environmental impacts with reliance on the Kelly Ranch Supplemental Environmental Impact Report previously certified by the City and has been reviewed for consistency with the General Plan, Zoning Ordinance, newly revised Local Coastal Program, and Local Facilities Management Plan. The project is consistent with these aforementioned documents. 111. PROJECT DESCRIPTION AND BACKGROUND The 433 acre Kelly Ranch had been part of the Kelly Family land holdings in Carlsbad for decades. In partnership with Kauhan and Broad, a tract map and the Kelly Ranch Master Plan were approved in 1984. Attempts to develop the property were not hitful and the partnership dissolved. Subsequently the Kelly Ranch tract map expired, yet the Kelly Ranch Master Plan remained valid. The Hillman Company acquired the property and established the Kelly Land Company which is listed as the current owner. The Kelly Land Company processed several applications for the Kelly Ranch through the City in 1999 including both legislative and adjudicatory actions. All of the applications were reviewed for potential environmental impacts in a Supplemental Environmental Impact Report. The requested legislative actions affected the entire Kelly Ranch and the adjudicatory actions were specific to the “Core Area”. Those actions which covered the entire 433 acre Kelly Ranch were the rescission of the 1984 Kelly Ranch Master Plan, establishment of new General Plan and Zoning designations, and amendments to the Local Coastal Program and Zone Code to reflect the proposed project. Those actions which affected only the “Core Area” (Planning Areas D, F, G, H, I, J, K and L) were the subdivision of these 174 acres into 4 large lots for multi-family residential development, 154 smaller single family residential lots, and 19 lots for uses such as open space, recreation, and day care. Planning areas are shown on Reduced Exhibit “Planning Areas”. Subsequently, the California Coastal Commission reviewed Local Coastal Program Amendment (LCPA 97-09) and approved the amendment with numerous modifications. Adoption of the modifications resulted in a change to the development standards of the Agua Hedionda Lagoon and Mello I1 segments of the Carlsbad Local Coastal Program which in turn affected the design of the approved Kelly Ranch tentative tract map and associated permits. Specifically, preservation of a detention basin within Planning Area “D” caused the relocation of the //a GPA 00-09/ZCA 00-06/CT 97- 16(A)/HDP 97- 17(A)/CDP 97-43(A)/ SDP 98-04(A)/CDP 98-66(A)/SDP 98-1 8(A)/CDP 98-70(A) - KELLY RANCH May 2,2001 Page 3 recreational vehicle storage area and child day care site. Preservation of additional open space adjacent to Planning Area “J” caused a redesign of the street and lot configuration of Planning Area “J”. Since the Kelly Ranch project has been previously reviewed for consistency with the General Plan, Zoning Ordinance, and Local Coastal Program, the following analysis focuses on the proposed amendments to the originally approved project and their compliance with applicable ordinances and policies. The proposed project is subject to the following: A. General Plan B. Title 20 Subdivision Ordinance C. R- 1 One Family Residential Zone/R-3 Multiple-Family Residential Zone D. Qualified Development Overlay Zone E. Hillside Development Ordinance F. Coastal Resource Protection Overlay Zone G. Local Coastal Program Mello I1 Segment IV. ANALYSIS A. General Plan The Kelly Ranch project previously approved by the City included land use changes to most of the planning areas. The land use changes predominantly coordinated land use types to Planning Areas. Included in the previous application was a change in Planning Area “F” from TraveVRecreation Commercial (T-R) to Open Space and Office (OS/O). Much of Planning Area “F” was intended to be preserved as open space and a small portion of it would be used as the Agua Hedionda Lagoon Foundation information center and possibly a joint use with a child day care center. The Coastal Commission determined during their review of LCPA 97-09 that the entire Planning Area “F” should be Open Space with the Agua Hedionda information center as an allowable use. Therefore this General Plan Amendment (GPA 00-09) proposes a change of land use on Planning Area “F” from Open Space and Office “OS/O” to only Open Space. The revised project does not consider Planning Area “F” for joint use with a child day care center. The revised project provides for a possible child day care center within Planning Area “D”. Additionally, the Coastal Commission determined that the development density of Planning Area “A”, on the north side of the Lagoon within the Agua Hedionda Lagoon segment of the Local Coastal Program, should be reduced and therefore was suggested to be changed from Residential Medium High (RMH) to Residential Medium (RM). The difference between the two land uses is a density range of 8- 15 dwellings per acre under the RMH designation and 4-8 dwellings per acre under the RM designation. Based on a net developable area of 9.7 acres, this General Plan Amendment (GPA 00-09) reduces the possible residential units in Planning Area “A” from 11 1 to 58. GPA 00-09/ZCA 00-06/CT 97- 16(A)/HDP 97- 17(A)/CDP 97-43(A)/ SDP 98-04(A)/CDP 98-66(A)/SDP 98-1 8(A)/CDP 98-70(A) - KELLY RANCH May 2,2001 Page 4 The proposed changes will reduce the intensity of development within these two planning areas and as such will not have a detrimental effect to the surrounding area nor will there be a greater need for services or infrastructure. The proposed land use amendments are consistent with General Plan policies in that the project will provide a variety of housing types, will not reduce existing quantities of designated open space, will provide significant open space which will contribute to an overall desired quality of life, provides a correlation between density and topography, and provides for community service facilities. B. Title 20 Subdivision Ordinance Per Title 20 of the Carlsbad Municipal Code, the project was required to process a major subdivision map. Adoption of the Coastal Program modifications requires a revision to the map. Section 20.12.120 of the Carlsbad Municipal Code identifies the process to revise a tentative map. The revised map must show that the proposed redesigned subdivision generally conforms to the street and lot pattern shown on the original map; the redesigned subdivision must include only one contiguous area consisting of all or a part of the original map; all of the information required for a new subdivision must be provided for the revised map; the redesigned subdivision must be submitted within 18 months of the original map approval; and, must otherwise be processed as a new subdivision map. The proposed tract map revisions comply with these provisions as discussed below. The Tract Map approved for the “Core Area” by the City is 174 acres in size, includes individual residential lots for 147 single family homes in Planning Areas “I” and “J”, and the remaining lots are designed to accommodate development in Planning Areas “D, G, H7 of 451 apartment units, recreational vehicle storage, child day care, and open space. The preservation of Kelly Ranch Open Space had the effect of requiring a redesign of the approved tentative map resulting in the elimination of seven (7) single family residential lots within Planning Area “J” and a reconfiguration of the streets within Planning Area “J”. In Planning Area “D”, Hemingway Drive was relocated to avoid a wetland located within an existing detention basin. Apartment development was also prohibited in Planning Area “D” on the north side of the realigned Hemingway Drive resulting in a loss of 43 apartment units. Also in Planning Area “D’, lots 161 and 162 were relocated and reconfigured to accommodate new designs for both recreational vehicle storage and child day care. The proposed redesign of the single family lots in Planning Area “J” and lots 161 and 162 in Planning Area “D” conforms to the Kelly Ranch Open Space exhibit of the Mello I1 segment of the Local Coastal Program as revised to conform to the Coastal Commission’s modifications. All residential lots are created to meet the required depths and widths of the underlying zone and Chapter 20.16 of the Carlsbad Municipal Code, and all have access to a public street. The layout GPA 00-09/ZCA 00-06/CT 97-1 6(A)/HDP 97-1 7(A)/CDP 97-43(A)/ SDP 98-04(A)/CDP 98-66(A)/SDP 98-1 8(A)/CDP 98-70(A) - KELLY RANCH May 2,2001 of the revised subdivision generally conforms to the street and lot pattern of the original map and does not include any land that was not part of the original map. The site is adequate in size and shape to accommodate residential development at the density proposed and is therefore physically suitable for the type and density of the development, in that the project proposes 598 dwelling units which is within the density range which allows up to 694 units by the General Plan and the newly revised Mello I1 segment of the Local Coastal Program. The design of the subdivision will not conflict with easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in that all lots created by the subdivision will have access to publicly dedicated roads and conform to the dimension criteria established in Chapter 20.16. Since the property is currently not accessible by improved roadways, the project is conditioned to provide full improvements to Cannon Road fiom the westerly terminus of Planning Area E to the intersection with Faraday Avenue. The project provides a portion of trail segment 23 consistent with the Open Space Conservation and Resource Management Plan and a portion of trail segment 24 within lot 78. The property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act) and is not subject to the agricultural preservation policies of the Mello I1 segment of the Local Coastal Program. The single family portion of the subdivision is within the density range of (0-4) ddacre specified for the site as indicated on the Land Use Element of the General Plan, and is below the growth control point of 3.2. The project will provide Cannon Road improvements which is a Circulation Element roadway. The subdivision was analyzed for noise impacts related to Cannon Road and mitigation has been included as a condition of approval. The project is consistent with the Housing Element of the General Plan and the Inclusionary Housing Ordinance as the Developer has entered into an Affordable Housing Agreement to provide and deed restrict 124 dwelling units as affordable to lower-income households. The Housing agreement pertains only to Planning Areas A, C, D, E, G, H, I, and J. All other Planning Areas will be required to provide their fair share with subdivision approval. The project provides significant areas of General Plan Open Space which supports open space conservation and natural habitat preservation. The request for an amendment to CT 97-16 is being processed within the 18 month time limit. The original map was approved contingent on the approval of LCPA 97-09 by the Coastal Commission. The approval of LCPA 97-09 was granted by the Coastal Commission on July 11, 2000 which triggered the approval of CT 97-16. C. R-1 One-Family Residential Zone /R-3 Multiple-Family Residential Zone The project is consistent with all applicable zoning designations and standards. The land uses remain the same as originally approved. Single family homes are proposed within the areas zoned R-1, apartments are proposed within the areas zoned R-3, and the Agua Hedionda Nature Center is located within Open Space. Although there are fewer single family residential lots GPA 00-09/ZCA 00-06/CT 97-1 6(A)/HDP 97-1 7(A)/CDP 97-43(A)/ SDP 98-04(A)/CDP 98-66(A)/SDP 98-1 8(A)/CDP 98-70(A) - KELLY RANCH May 2,2001 Page 6 proposed, the lot sizes remain consistent with the original approval. The same is true for the apartment portion of the project. The building design remains the same, the use remains the same, and the elimination of a portion of the apartments is not inconsistent with the R-3 Zone. D. Qualified Development Overlay Zone The Qualified Development Overlay Zone is intended to supplement the underlying zoning by providing additional regulations for development within designated areas. The Planning Commission and City Council may impose special conditions or requirements which are more restrictive than the development standards of the underlying zone. Both the single family and multifamily components of the project are within a Qualified Development area. Site Development Plans were reviewed by the Planning Commission and City Council for the purpose of approving site plans and architecture. The changes to the tract map required minor changes to the site plans for Planning Areas “J” and “D”. Single family homes in Planning Area “J” have been re-plotted on lots along the northern half of Twain Avenue. Twenty foot front yard setbacks are proposed as well as the required side yard setbacks of 10% of the lot width and rear yard setbacks of 20% of the lot width. Apartment buildings with 43 units have been deleted from Planning Area “D”. Building sites for recreational vehicle storage and a child day care have been relocated to the east away from Cannon Road. A minimum 6,160 square feet of recreational vehicle storage is required, exclusive of drive aisles and dnveways, and 7,200 square feet is being provided. The day care pad is approximately one half acre and is projected to accommodate a facility of up to 100 children. The setbacks, buildings, landscape, and grading for the project have been considered and have been deemed to be appropriate for the type and location of proposed development. The project has been conditioned to develop consistent with the Planning Commission Exhibits “N” through “DD”. No special conditions or requirements are specified. E. Hillside Development Ordinance Chapter 2 1.95 requires that a Hillside Development Permit accompany any development proposal which involves slopes of greater than 15 percent and an elevation differential greater than 15 feet in height. These conditions applied to the original subdivision and therefore apply to the revised map. The Hillside Development Permit Amendment is subject to all of the findings for a new Hillside Development Permit and may only be approved if the six hillside findings can be made. The first two findings require that hillside and un-developable areas have been properly identified. The proper identification of these circumstances are provided through the project submittal in the form of a hillside conditions exhibit and a constraints exhibit. Both exhibits were provided as required. Approximately 55 percent of the site is comprised of slopes between /& GPA 00-09/ZCA 00-06/CT 97-1 6(A)/HDP 97-1 7(A)/CDP 97-43(A)/ SDP 98-04(A)/CDP 98-66(A)/SDP 98-1 8(A)/CDP 98-70(A) - KELLY RANCH May 2,2001 Page 7 0 and 25 percent, 13 percent of the slopes from 25 to 40 percent, and 32 percent of the slopes in grades over 40 percent. The third criterion is that the development must be consistent with the purpose, intent and requirements of the Hillside Ordinance. The stated purpose and intent of the ordinance includes the avoidance of substantial damage or alteration of significant natural resource areas; preservation of the natural appearance of hillsides; consistency with the Open Space and Conservation Element of the General Plan; prevention of erosion and protection of the lagoons from excessive siltation; and assurance that development is compatible with existing topography. Generally, the project has avoided substantial alteration of the site’s natural resources in that more than 40% of the site will not be disturbed by grading. The area of preservation has been increased through the subdivision redesign as a result of the Coastal Commission’s action to create “Kelly Ranch Open Space”. The grading proposed over the remainder of the site includes varying slope heights and terraced pads which reflects the site’s natural slope progression from low near the lagoon and upward movement in elevation to the plateau at Planning Area “J. The pad elevations for the apartments, Planning Areas D, G, and H, have been increased by five feet in height. The increase in pad height is caused by the requirement to preserve a desiltation basin which under the original map was being filled to accommodate the recreational vehicle storage area. Erosion control is a standard function of the grading permit process. The project is consistent with the purpose and intent of the Hillside Ordinance. Criterion number four requires that no residential or habitable development or grading will occur in those portions of the property which are not developable pursuant to the provisions of Section 2 1 S3.230. The un-developable lands include beaches, permanent bodies of water, floodways, slopes greater than 40%, significant wetlands, riparian or woodland habitats, land subject to major power line easements, land upon which other significant environmental features are located, and railroad track beds. No residential or habitable development is proposed in areas that are not developable. The fifth and sixth criteria relate to the project’s design. The project must be designed to minimize disturbance to hillside lands and substantially conform to the intent of the concepts illustrated in the hillside design guidelines manual. The majority of the project is proposed in areas that have been previously disturbed by authorized grading. Some areas of hillside which will be disturbed by the project are isolated and not a part of the greater significant slopes. The amended Hillside Development Permit includes a reduction in the disturbance to hillsides by 2.72 acres. The proposed development substantially follows the hillside pattern of the site. Some areas of steep slope disturbance are required to access flatter portions of the site and are therefore proposed to be graded. The proposed site plan does reflect consistency with these provisions F. Coastal Resource Protection Overlay Zone 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 amendment with GPA OO-09/ZCA OO-06/CT 97- 16(A)/HDP 97- 17(A)/CDP 97-43(A)/ SDP 9804(A)/CDP 98-66(A)/SDP 98-18(A)/CDP 98-70(A) - KELLY RANCH May 2,200l Page 8 the inclusion of additional standards to be inserted into the City’s Zoning Ordinance. The Zone Code Amendment (ZCA 00-09) is the incorporation of several Local Coastal Program development standards into the Zoning Ordinance. The chapter affected by the ZCA is 21.203 which is the Coastal Resource Protection Overlay Zone. Approval of the ZCA 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 Carlsbad Coastal Zone. A summary of the most significant changes follows. The full text of the amendments can be seen on Exhibit “ZZ”, dated May 2,200l - Bold/strikeout Ordinance attached. Coastal Program Modifications Specific to Kelly Ranch: l Preservation of coastal sage scrub and southern maritime chaparral within Kelly Ranch Open Space. l Conservation easement dedication of the Kelly Ranch Open Space allows the development of otherwise coastal- restricted steep slopes with habitat. l Roads are a permitted use within the Kelly Ranch Open Space only when necessary to access flatter areas and when designed to be least environmentally damaging. l A brush management program will be implemented for residential development which effectively establishes a 40 foot structural setback from designated Open Space. l Preservation of scenic public views. l Landscape standards including the use of native plant species and a goal of screening structures. l Substantial standards regarding water quality and specific thresholds for the filtration of volume and maximum flow of storm events for residential and parking lot projects. The Coastal Commission adopted Local Coastal Program modifications included water quality standards and specific thresholds for the filtration of storm event volumes. The standards and thresholds were derived from draft language being considered by the California Regional Water Quality Control Board (CRWQB) San Diego Region but had not been adopted by the regional board. When the City of Carlsbad City Council considered the standards and thresholds as part of LCPA 97-09(A), the CRWQB had still not taken final action. Therefore, the Council approved the standards and thresholds as suggested by the Coastal Commission with a caveat that should different standards be adopted by the CRWQB, then the CRWQB language should be incorporated into the Coastal Resource Protection Overlay Zone. After the Coastal Commission adopted LCPA 97-09 with suggested modifications, and the City approved LCPA 97-09(A), the CRWQB adopted Tentative Order No. 2001-01. The Tentative Order has different and more detailed standards and thresholds than those adopted by the Coastal Commission. Therefore, the standards and thresholds from Tentative Order No. 2001-01 regarding the filtration of volume and maximum flows are recommended for incorporation into the Coastal Resource Protection Overlay Zone versus the language suggested by the Coastal Commission. GPA OO-09/ZCA OO-06/CT 97-16(A)/HDP 97-17(A)/CDP 97-43(A)/ SDP 98-04(A)/CDP 98-66(A)/SDP 98-l 8(A)/CDP 98-70(A) - KELLY RANCH May 2,200l Modifications that Pertain to All Other Areas in the Coastal Zone Except Buena Vista Lagoon, Batiquitos Lagoon Watershed; Areas West of Paseo De1 Norte, West of I-5, and West of El Camino Real Immediately Upstream of Existing Stormdrains: 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 Allowance of winter grading if summer grading is prohibited by a responsible resource agency. l Requirement for all new development to be consistent with local ordinances regarding water quality. Each of these standards have also been incorporated into either the Agua Hedionda and/or Mello II segments of the Local Coastal Program by action of the Coastal Commission on LCPA 97-09 and the City Council’s action on LCPA 97-09(A). G. Local Coastal Program: Mello II Segment Carlsbad Tract CT 97-16A is located within the Mello II segment of the Carlsbad Local Coastal Program. Therefore, the issuance of a Coastal Development Permit is required consistent with the Mello II Segment of the Local Coastal Program, the R-l-Q and R-3-Q zones and Coastal Resource Protection Overlay Zone. The intent of the Coastal Resource Protection Overlay Zone is to supplement the underlying zoning (R-l-Q and R-3-Q) by providing additional resource protective regulations within designated areas to preserve, protect and enhance the habitat resource values of Buena Vista Lagoon, Agua Hedionda Lagoon, Batiquitos Lagoon, and steep sloping hillsides; to provide regulations in areas which provide the best wildlife habitat characteristics; to encourage proper lagoon management; and to deter soil erosion by maintaining the vegetative cover on steep slopes. Mello II As required by the Coastal Commission, several revisions have been made to the Mello II segment of the Carlsbad Local Coastal Program. The original project has been re-designed to incorporate the revised language of the Mello II LCP Segment. Planning Area “D” has been redesigned to eliminate apartment development north of Hemingway Drive and that area has been designated as Qpen Space. However, a portion of the area has been designed to accommodate recreational vehicle storage and a day care facility. A minimum 800 foot open space corridor has been maintained and there is no encroachment into Army Corps of Engineers jurisdictional wetlands. Development within Planning Area “I” has been reduced by 7 residential lots to comply with the preservation of Kelly Ranch Open Space which includes the Planning Areas’ west facing slopes. GPA OO-09/ZCA OO-06/CT 97-16(A)/HDP 97-17(A)/CDP 97-43(A)/ SDP 98-04(A)/CDP 98-66(A)/SDP 98-l 8(A)/CDP 98-70(A) - KELLY RANCH May 2,200l Page 10 Coastal Sage Scrub and Southern Maritime Chaparral have been preserved within the designated Kelly Ranch Open Space. Preservation of the open space is guaranteed by conservation easements granted to the City of Carlsbad. The project densities proposed are within the ranges allowed by the Residential Low-Medium and Residential Medium-High General Plan and Local Coastal Program designations. The single family planning areas “I” and “J” may have up to 201 residential units but are proposed with 147. The multifamily planning areas “D, G, and H” may have up to 493 units and are proposed with 451. A fire suppression plan has been submitted and is on tile with the Planning Department illustrating safety from fire hazard, protection of native habitat, and landscape screening of residential structures. A drainage plan has been prepared and is on file with the Planning Department illustrating compliance with off-site siltation prevention as well as on-site water quality measures. The project has been conditioned to prepare and submit a public education program and landscape management plan for the review and approval by the Planning Director prior to the issuance of grading permits. Development has been sited on the relatively flat portions of the property. Access to the flatter portions of the property is gained by roads which are allowed to pass through designated open space. A public vista point has been provided within Planning Area “J” and access has been provided between the vista point and the Agua Hedionda Lagoon via public sidewalk and trails. Coastal Resource Protection Overlay Zone Associated with these applications are amendments to the Coastal Resource Protection Overlay Zone. The amendments make distinctions between protection measures for the Kelly Ranch and for areas outside of the Kelly Ranch. The following analysis is based on the overlay zone as amended. The overlay zone identifies five areas of protection. They are 1) steep slopes and vegetation; 2) drainage, erosion, sedimentation, habitat; 3) landslides and slope instability; 4) seismic hazards; 5) floodplain development; 6) scenic preservation; and 7) landscaping requirements. 1. The overlay policy states that within the Kelly Ranch steep slopes possessing endangered plant/animal species and/or coastal sage scrub and chaparral plant communities shall be preserved in their natural state within the designated open space areas shown on the LCP Kelly Ranch Open Space Map and addressed in Policy 3-5 of Mello II. A Kelly Ranch Gpen Space Map has been prepared and steep slopes within the Open Space have been preserved by a conservation easement. /au GPA OO-09/ZCA OO-06/CT 97-l 6(A)/HDP 97-l 7(A)/CDP 97-43(A)/ SDP 98-04(A)/CDP 98-66(A)/SDP 98-l 8(A)/CDP 98-70(A) - KELLY RANCH May 2,200l Page 11 2. 3. 4. 5. 6. 7. Special erosion control measures must be included as conditions of approval. These “special” measures are standard measures required by the City’s Grading Ordinance and are included as conditions of approval. These same measures are also required by the Regional Water Quality Control Board. The geotechnical investigation prepared by Leighton and Associates did not indicate that there are soils onsite of the La Jolla group which are susceptible to accelerated erosion. Therefore, additional reports are not required. Because of the soil types and topography, the site is not prone to liquefaction and therefore site-specific investigations are not required. No development is proposed within the 100 year floodplain. Scenic preservation standards within the Kelly Ranch require the planting of trees and fire retardant vegetation as well as the use of low intensity earthtone building materials. As part of the Site Development Plan and Coastal Development Plan review, the building materials and colors are being considered. Landscape requirements focus on the use of native species. A landscape plan approved by the Planning Director prior to the issuance of a grading permit which will ensure compliance with this standard and the landscape component of the scenic preservation standard. The proposed project is in compliance with all requirements of the Local Coastal Program: Mello II Segment. V. ENVIRONMENTAL REVIEW The proposed General Plan Amendment and Zone Code Amendment are actions required by the California Coastal Commission in adoption of the Local Coastal Program and subsequent adoption of LCPA 97-09(A) by the City of Carlsbad and are therefore statutorily exempt from the provisions of the California Environmental Quality Act. Environmental analysis was conducted on the original project through an Environmental Impact Report (EIR). For the adjudicatory actions, the proposed amendments were reviewed against the findings of the certified EIR and no new significant adverse effects were identified. Benefits of the amendments include the reduction of the overall area of physical disturbance without extending development into areas which were previously left undisturbed. The result is a slight increase in the preservation of natural slopes and slope vegetation. Open space areas will be designated as such by easements which prohibit the use of the property for anything other than open space. GPA OO-09/ZCA OO-06/CT 97-l 6(A)/HDP 97-l 7(A)/CDP 97-43(A)/ SDP 98-04(A)/CDP 98-66(A)/SDP 98-l 8(A)/CDP 98-70(A) - KELLY RANCH May 2,200l Page 12 The reduction in residential units in turn reduces the demand for services and the average daily traffic (ADT) by 424. Although there will be a reduction in the need for services and in ADT, no change has been made to the provision of services, e.g. sewer and water lines, or to the capacity of the associated roadways. Based on data and conclusions of the Certified EIR, the project will result in cumulative impacts to air quality and traffic/circulation which cannot be fully mitigated. A statement of overriding considerations pursuant to Sections 15093 and 15126(b) of the CEQA Guidelines was adopted when the EIR was certified and apply to the amended project. No new significant project level impacts have been identified for biological resources, land use, visual resources, noise, and archeological and paleontological resources. A Negative Declaration has been issued by the Planning Director for the proposed amendments. ATTACHMENTS: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. cw:mh Planning Commission Resolution No. 4960 (Neg. Dec.) Planning Commission Resolution No. 4961 (GPA 00-09) Planning Commission Resolution No. 4962 (ZCA 00-06) Planning Commission Resolution No. 4963 (CT 97-16A) Planning Commission Resolution No. 4964 (HDP 97-17A) Planning Commission Resolution No. 4965 (CDP 97-43A) Planning Commission Resolution No. 4966 (SDP 98-04A) Planning Commission Resolution No. 4967 (CDP 98-66A) Planning Commission Resolution No. 4968 (SDP 98-18A) Planning Commission Resolution No. 4969 (CDP 98-70A) Location Map Disclosure Statement Background Data Sheet Local Facilities Impact Assessment Reduced Exhibit “Planning Areas” Exhibit “ZZ”, dated May 2,200l - Bold/strikeout Ordinance Exhibits “A-DD“, “Al-Al8”, “11-110” and “Jl-J12” dated May 2,200l DISCLOSURE STATEMENT Applicant’s statement or disclosure of certain ownership interests on all applications which will require discretionap action on the part of the City Council or any appointed Board. Commission or Commit-tee. The following information MUST be disclosed at the time of appbcation submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as “Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit.” Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant’s agent) Provide the COMPLETE, LEGAL names and addresses of & persons having a financial interest in the application. If the applicant includes a corooration or partnership. include the names. title. addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corporation, include the names. titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) 3 -7’ Person Carp/Pan AQ-cwm& cD+~~~is-s Title Title \lice +i$-eqd(PdT Address Address 217 ~DW i3n. + 2t7 \Qa& c* 42bl g OWNER (Not the owner’s agent) Provide the COMPLETE. LEGAL names and addresses of ALL, persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e. partnership. tenants in common, non-profit. corporation. etc.). If the ownership includes a cornoration or partnershio. include the names. title. addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv- .owned cornoration. include the names. titles. and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Carp/Part Kelly Land Company Title Address Title Address2011 Palomar Airport Rd.,Ste 112 Carlsbad, CA 92009 2075 Las Palmas Dr. - Carlsbad. CA 92009-I 576 l (760) 438-1161 l FAX (760) 438-0894 @ - J. NON-PROFIT ORG -IZATION OR TRUST If any person identifieG pursuant to (1) or (2) above is a nonnrofit oruanitation or a trust. list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Profitrrrust C-, 19 Non Profit/Trust Title Title Address Address 4. Have you had more than $250 worth of business transacted with any member of City staff. Boards. Commissions. Committees and/or Council within the past twelve (12) months? cl Yes lzl No If yes, please indicate person(s): NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct t By: Scott Medansky Print or type name of owner Print or type name of applicant Signature of owner/applicant’s agent if applicable/date Print or type name of owner/applicant’s agent . H:ADMIN\COUNTER\DlSCLOSURE STATEMENT 5198 Page 2 of 2 /4L/ DISCLOSURE STATEMENT , Applicant’s statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Comminee. The following information MUST be disclosed at the time of application submittal. Your prqject cannot be reviewed until this information is completed. Please print. Note: Person is defined as “Any individual, fum, co-partnership, joint venture, association, social club, fraternal or,oanization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, tit!. municipality, district or other political subdivision or any other group or combination acting as a unit.” Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant’s-agent) Provide the COMPLETE, LEGAL names and addresses of & persons having a financial interest in the application. If the applicant includes a corooration or oartnershio. include the names. title. addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Carp/Part Kelly Land Company Title Title Address ),ddress 2011 Palomar Airport Rd.,Ste 112 Carlsbad, CA 92009 3 -. OWNER (Not the owner’s agent) Provide the COMPLETE, LEGAL names and addresses of & persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership. tenants in common, non-profit. corporation, etc.). If the ownership includes a corDoration or oartnershio. include the names, title. addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDlCATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv- owned corDoration. include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Carp/Part Kelly Land Company Title Title Address Address 2011 Palomar Airport Rd.,Ste 112 Carlsbad, CA 92009 2075 Las Palmas Dr. - Carlsbad, CA 92009-l 576 - (760) 438-7161 - FAX (760) 438-0894 49 -9 3. NON-PROFIT ORG.. .iZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonurofit organization or a trust. list the names and addresses of ANY person serving as an officer or director of the non-profir or_ganization or as trustee or beneficiary of the. Non Profit/Trust d \ ti Non Profit/Trust Title Title Address Address 4. Have you had more than $250 worth of business transacted with any member of Cie staff. Boards, Commissions, Committees and/or Council within the past twelve (12) months? El Yes El No If yes, please indicate person(s): . NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. 12-13-00 ignature of owner/date Kelly Land Company 12-13-00 -Si‘gnature of applicant/d&e \ Kelly Land Company By: Scott Medansky By: Scott Medansky Print or type name of owner Print or type name of applicant .: Signature of owner/applicant’s agent if applicable/date Print or type name of owner/applicant’s agent H:ADMIN\COUNTER\OISCLOSURE STATEMENT 5/99 El6 Page 2 of 2 DISCLOSURE STATEMENT Applicant’s statement or disclosure of certain ownership interests on all applications which uill require discretionary action on the part of the City Council or any appointed Board, Commission or Commitree. The follo\vinp information MUST be disclosed at the time of application submittal. Your project cannot be revieived until this information is completed. Please print. Iriote: Person is defmed as “Any individual, fum, co-partnership, joint venture, association. social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county. city municipaiiry, district or other political subdivision or any other group or combination acting as a unit.” Agents may sign this document; however, the legal name and entity of the applicant and properry owner must be provided below. I. APPLICANT (Not the applicant’s agent) Provide the COMPLETE, LEGAL names and addresses of & persons having a financial interest in the application. If the applicant includes a corooration or Dartnershio, include the names. title. addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES. PLEASE INDICATE NON- APPLICABLE (N/A) IN THE SPACE BELOW’. If a publiclv-owned corporation. include the names. titles. and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Carp/Part Shea Homes Limited Partnership Title xi&x (See attached list of partners) Address Address 655 Brea Canyon Rd., Walnut CA 9178s 3 -. OWNER (Not the owner’s agent) Provide the COMPLETE. LEGAL names and addresses of m persons having any ownership interest in the property involved. Also. provide the nature of the legal ownership (i.e. partnership. tenants in common. non-profit. corporation, etc.). If the ownership includes a corporation or uannership. include the names. title. addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OW?! MORE THAN 10% OF THE SHARES. PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv- olvned coruoration. include the names, titles. and addresses of the corporate officers. (A separate pape may be attached if necessa?.) Person Title Address Corp/Pa~Kelly Land Company Title Address2011 Palomar Airport Rd.,Ste 112 Carslbad, CA 92009 2075 Las Palmas Dr. - Carlsbad. CA 92009-1576 - (760) 438-1161 - FAX (760) 438-0894 /J ?@ ;. NO%PROFITORC ZATIOKORTRUST If any person identified pursuant to (1) or (2) above is a nonprofit orcanization or a trust. list the names and addresses of ANY person serving as an officer or director of the non-profit or_eanization or as trustee or beneficiary of the. Ken ProWTrust N 9 I Non Profit/Trust Title Title Address Address 4. Have you had more than $250 worth of business transacted with any member of City. staff. Boards. Commissions. Committees and/or Council within the past twelve (12) months? cl Yes cl >( No If yes, please indicate person(s): NOTE: Attach additional’sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. c 12-13-00 --+-- a/24/2000 Signature of owner/date Signature of applicantidate Kelly Land Compan By: Scott Medansky Print or vpe name of owner Shea Homes Limited Partnership Print or type name of applicant a&~- Ryan Green Assistant Secretary of J.F. Shea Co., Inc. General Partner Signature of owner/applicant’s agent if applicable/date Print or type name of owner/applicant’s apent H:ADMIN\COUNTEA\DISCLOSURE STATEMENT 5/98 la8 Page 2 of 2 17145940935- 619 549 0112:r 3 .,. .m-. -. _-__- .--.e-... .._.~__. . PARTNERSHIP AGREEKENT O? SKW HOMES LIMITED PAXTNERSHIP A CALIFORNIA LIMITED PARTNERSXIP % This Agreement of Partnarehip (tha ltAgraementtl ) is made a d entered into a8 at January 4, 1989, by and between thoee pier lirted on Schedule A, whioh is attaohed hereto and f 'corporatad 1 herein by thio rehrencc (hereinbfter ref err i partner Uniform nia COI dercrib hereina partner “Bhea Xc ship," , to a8 Vartnet8”) . ARTICLE I. *. 1.01 m. The Partners hereby form II limited 'hip (the ~Pertnerehip~) purruent to the California Partnor6hip Aot (Section 13001& me of th6 Calitor- rorationr code) to engage in the buslnem hereafter !d and for the period and upon the tenao and condition6 'tar met forth. The Partnership ahall be a limited Ihip. 1.02 m. The name of the Partnership rhall be rae6 Limited Partner6hip, a Celifornia Limited Pattner- nd the Partnemhip shall do bu8ine88 in tnat name. Octab6r 5, 1989 1 _-... -. - -. .-.-- vr--. .ws- ..- SW VI . IV .I . I I17”“-v”“.W WI” dT” “I IL?“‘, .- 1 I J. . i Shea Co., Inc. 655 Broa Canyon Road Walnut, CA 91789 655 Brea Canyon Road Walnut, CA 91789 Tahbe Partnership I L 655 Brea Canyon -R.oad Walnut, CA 91789 Bal oa Partnership 655 Brea Canyon Road Walnut, CJ4 91789 F. Shea, Trustee 655 Brea Canyon Road F. Shea Family Trust Walnut, CA 91789 . 655 Brea Canyon Road L Walnut, CA 91789 d H. Shea, Jr. Tzwtee and nary Shea Real 655 Brea Canyon Road Walnut, CA 91789 r 5, $989 i. CERTIFICATE OF CORPORATE SECRETARY OF J. F. SHEA CO., INC. June 30,200O I, James G. Shontere, Secretary of J. F. Shea Co., Inc., a Corporation created and existing under the laws of the State of Nevada, do hereby certify and acknowledge the following action taken by the Board of Directors of this Corporation without a meeting as permitted by the Bylaws of the Corporation and applicable law. RESOLVED, that the following named individuals are hereby elected to the offices appearing after their respective names, and will serve for the remainder of the year or until their successors are elected and qualified: RESOLVED, that any one of the following named officers of this Corporation: John F. Shea, President; Edmund H. Shea, Vice President; and Peter 0. Shea, Vice President; or any other person or persons designated in writing by any one of said officers, or any two of the individuals named below, are hereby authorized and empowered for and on behalf of this Corporation, on its own behalf or acting as general partner of Shea Homes Limited Partnership, a California limited partnership, to execute any bids, contracts, bid bonds, deeds, maps, plats or any other agreements or documents necessary for the performance of such contracts, agreements and/or documents, to execute any documents required to borrow funds from any lender to be secured by real or personal property owned by this Corporation, to execute agreements to purchase, escrow instructions, and any related documents in connection with the sale and conveyance of real property developed and sold by this Corporation on its own behalf, or acting as general partner of Shea Homes Limited Partnership, a California limited partnership, or any other real property owned by this Corporation, and to execute notes, deeds, maps, performance and payment bonds, deeds of trust, mortgages, guarantees, receipts, and all other documents necessary and convenient to carry out the business operations of this Corporation on its own behalf and doing business as Shea Homes, or acting as general partner on behalf of Shea Homes Limited Partnership, a California limited partnership: *John F. Shea, Director *Edmund H. Shea, Jr., Director *Peter 0. Shea, Director Roy W. Humphreys, President Richard C. Andreen, Vice President Mark Brock, Vice President Howard Hulme, Vice President Max B. Johnson, Vice President Ron Lakey, Vice President Layne Marceau, Vice President David Miller, Vice President Buddy Satterfield, Vice President Bert Selva, Vice President Les Thomas, Vice President David J. Van Ramshorst, Vice President Bruce J. Varker, Vice President Robert R. O’Dell, Treasurer . *James G. Shontere, Secretary /3/ Certificate of Corporate S, _, ,ary of J. F. Shea Co., Inc. June 30,200O Page 2 Assistant Secretary: Tim Amberry Richard Raymond Andersen Joanne Anderson Paul L. L. Barnes Ernest J. Boitano Sue Brady Robert T. Bunyan Kurt R. Burger Robert M. Burke William M. Bush Robert V. Claflin Robert L. Crandall Phil Culler Scott Custer John C. Danvers Jeffrey H. Donelson Jason L. Enos Yvonne Espinoza John Franklin Takashi Fujii Thorn Gamble David Garcia Karyl Gately Donald J. Gause W. Steve Gilmore Jack Godard Ryan Green Shirley V. Grimm Carly Harlacher Charla L. Hauser Laura Herse Jeff Hinkle Dale Holbrook Paul A. Howard Catherine M. Huff James Johnston Jeffrey F. Kappes Jim Kenny Teresa G. Kershisnik John Kilrow Richard A. Knowland Debra L’ltalien Chester T. Latcham Hal Looney Joyce Manigold Marion P. Marcum Certificate of Corporate 5. _. ,&ary of J. F. Shea Co., inc. June 30,200O Page 3 Assistant Secretary (continued): H. James Matthews Oren Jon McCaustland Jeff McQueen Ronald C. Metzler Kevin O’Neill Richard J. Obemesser Brad Olsen Steve Ormiston Lee Pacheco Jennifer Patterson Kevin Peters Ken Petersen Robb Pigg William J. Pisetsky Wesley D. Popplewell Philip Rafton Tim Roberts Darlene Robinson Cynthia Roush Carol A. Ryan Alison B. Shea Teri Shusterman Eddy Skees Eric Snider Karen Tice Alan F. Toffoli Linda C. Tong Michael J. Tracy Ruth Truman John B. Vance John Vander Velde Lily A. Wallace Brian L. White Lisa Whitney Jeffrey D. Willis Michael F. Wintemute Robert J. Yoder Jay Zimmer *Board of Directors NOTE, that the above list is the result of the deletion of N. Kelly House and Jeanne Stott. /33 Certificate of Corporate . stary of J. F. Shea Co., Inc. June 30,200O Page 4 RESOLVED FURTHER, that either the President, Vice President or Assistant Secretary of Shea Homes, Inc. is hereby author&d to execute and file on behalf of this Corporation applications with the office of the California Real Estate Commissioner, or the Colorado Real Estate Commissioner, for final Subdivision Reports, or any similar document required or advisable with respect to all or any portion of any real property which is owned by this corporation. In testimony whereof, I have hereunto set my hand and the Corporate seal this 30th day of June 2000. J. F. SHEA CO., INC. Jame& Shonfere Secretary BACKGROUND DATA SHEET CASE NO: GPA OO-09/ZCA OO-06/CT 97-16AHDP 97-17A/GDP 97-43ASDP 9% 04AXDP 98-66ASDP 98-1 SACDP 9%70A CASE NAME: Kelly Ranch APPLICANT: Kelly Land Companv, Shea Homes, Archstone Communities REQUEST AND LOCATION: To amend previouslv approved discretionary actions taken bv the City of Carlsbad on the Kelly Ranch “Core Area” reducing the number of sinple family residential lots by seven, reducing the number of apartment units by 43. relocating future day care and recreational vehicle storage areas, establishinn modified open space preservation areas, incornorating Kelly Ranch subdivision design elements of the Carlsbad Local Coastal Program, amending the General Plan land use map and incornorating new text into the Carlsbad Zoning Ordinance on proper-& generally located south of Cannon Road and east of Faraday Avenue in Local Facilities Management Zone 8. LEGAL DESCRIPTION: A portion of Lot “I” of Ranch0 Agua Hedionda and a portion of Lot “F” of Ranch0 Agua Hedionda all in the Citv of Carlsbad, Countv of San Diego, State of California, according to man thereof No. 823, filed in the office of the county recorder of San Dieno County, November 16,1896 APN: 208-020-37 and 38 Acres: 433 Proposed No. of Lots/Units: 171/598 GENERAL PLAN AND ZONING Land Use Designation: RM/RLM/OS Density Allowed: O-l 5 Density Proposed: 3.12-13.9 Existing Zone: R-l/R-3/RDM/OS Proposed Zone: N/A Surrounding Zoning, General Plan and Land Use: Site North South East West Zoning General Plan R- 1 /R-3/RD-M/OS RM/RLM/os R-l/OS RLM/os OS/ C-M/R-l os/PI/RL OS/R-l OSRLM OSiPU OS Current Land Use Vacant Residential Vacant Residential Vacant PUBLIC FACILITIES School District: Carlsbad Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): 598 ENVIRONMENTAL IMPACT ASSESSMENT w Negative Declaration, issued April 2,200l CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: KELLY RANCH GPA OO-09/ZCA OO-06/CT 97-16A/HDP 97- 17A/GDP 97-43A/SDP 98-04AXDP 98-66ASDP 98-l 8A/CDP 98-7019 LOCAL FACILITY MANAGEMENT ZONE: 8 GENERAL PLAN: RM/RLM/OS ZONING: R-l/R-3/RD-M/OS DEVELOPER’S NAME: Kelly Land Company ADDRESS: 2011 Palomar Airnort Road Suite 206 Carlsbad Ca 92009 PHONE NO.: 760-931-l 190 ASSESSOR’S PARCEL NO.: 208-020-37 and 38 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 433 acres A. B. C. D. E. F. G. H. I. J. K. L. City Administrative Facilities: Demand in Square Footage = 2075.59 Library: Demand in Square Footage = 1106.98 Wastewater Treatment Capacity Demand in EDU 598 Park: Demand in Acreage = 4.15 Drainage: Demand in CFS = N/A Identify Drainage Basin = B Circulation: Demand in ADT = 5,068 Fire: Served by Fire Station No. = #5 Open Space: Acreage Provided = 240+ Schools: Carlsbad School District E: 142/JrH: 35lH:84 Sewer: Demands in EDU 598 Water: Demand in GPD = 131.340 The project is 59 units above the Growth Management Dwelling unit allowance. /36 MACARIO CANYON LEGEND ‘~**1 Property Line Boundary : ’ I ,f .-6.. -A, \ l : ./ ‘. .---Zone 8 Boundary \h) L -A., - -- Planning Area Boundary \ i *-L-J A Planning Area SOURCE: Project Design Consultants PLANNING AREAS 133 May 2,200l TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT SUBJECT: EItRATA SHEET FOR GPA OO-09/ZCA OO-06KT 97-16(A)/HDP 97- 17(A)/CDP 97-43(A)/SDP 9%04(A)/CDP 9%66(A)/SDP 9%18(A)/CDP 9% 70(A) - KELLY RANCH References to residential unit and lot counts in the Staff Report and attachments are CORRECTED as follows: 147 single family lots and residential units in Planning Areas “I” and “I” 45 1 apartment units in Planning Areas “D,G, and II” 598 total residential units ADD the.following to Planning Commission Resolution No. 496 1: Condition GPA 00-09 shall become effective upon concurrence by the California Coastal Commission with the Executive Director’s report of acceptance of the suggested modifications for Carlsbad LCPA 2-99D [reference Carlsbad LCPA 97-09(A)] as submitted by the City of Carlsbad. ADD the following to Planning Commission Resolution No. 4962: Condition ZCA 00-06 shall become effective upon concurrence by the California Coastal Commission with the Executive Director’s report of acceptance of the suggested modifications for Carlsbad LCPA 2-99D [reference Carlsbad LCPA 97-09(A)] as submitted by the City of Carlsbad. REPLACE condition No. 5 of Planning Commission Resolution No. 4963 with the following: Adoption of Planning Commission Resolution No. 4963 [CT 97-.16(A)] voids and supercedes Planning Commission Resolution No. 4497 (CDP 97-l 6) and, shall become effective upon concurrence by the California Coastal Commission with the Executive Director’s report of acceptance of the suggested modifications for Carlsbad LCPA 2-99D [reference Carlsbad LCPA 97-09(A)] as submitted by the City of Carlsbad. Modify condition No. 58 of Planning Commission Resolution No. 4963 to read as follows: . . . . . building permit. All land so offered shall be granted to the City free and clear of all liens and encumbrances with the exception of existing utility easements and without cost to the City. The City . . . . REPLACE condition No. 3 of Planning Commission Resolution No. 4964 with the following: Adoption of Planning Commission Resolution No. 4964 [HDP 97-17(A)] voids and supercedes Planning Commission Resolution No. 4498 (HDP 97-17) and, shall become effective upon concurrence by the California Coastal Commission with the Executive Director’s report of acceptance of the suggested modifications for Carlsbad LCPA 2-99D [reference Carlsbad LCPA 97-09(A)] as submitted by the City of Carlsbad. REPLACE the reference to 170 lots within the title of Planning Commission Resolution No. 4965 with 171 lots. REPLACE condition No. 3 of Planning Commission Resolution No. 4965 with the following: Adoption of Planning Commission Resolution No. 4965 [CDP 97-43(A)] voids and supercedes Planning Commission Resolution No. 4499 (CDP 97-43) and, shall become effective upon concurrence by the California Coastal Commission with the Executive Director’s report of acceptance of the suggested modifications for Carlsbad LCPA 2-99D [reference Carlsbad LCPA 97-09(A)] as submitted by the City of Carlsbad. REPLACE condition No. 3 of Planning Commission Resolution No. 4966 with the following: Adoption of Planning Commission Resolution No. 4966 [SDP 98-04(A)] voids and supercedes Planning Commission Resolution No. 4567 (SDP 98-04) and, shall become effective upon concurrence by the California Coastal Commission with the Executive Director’s report of acceptance of the suggested modifications for Carlsbad LCPA 2-99D [reference Carlsbad LCPA 97-09(A)] as submitted by the City of Carlsbad. REPLACE condition No. 3 of Planning Commission Resolution No. 4967 with the following: Adoption of Planning Commission Resolution No. 4967 [CDP 98-66(A)] voids and supercedes Planning Commission Resolution No. 4568 (HDP 98-66) and, shall become effective upon concurrence by the California Coastal Commission with the Executive Director’s report of acceptance of the suggested modifications for Carlsbad LCPA 2-99D [reference Carlsbad LCPA 97-09(A)] as submitted by the City of Carlsbad. REPLACE condition No. 3 of Planning Commission Resolution No. 4968 with the following: Adoption of Planning Commission Resolution No. 4968 [SDP 98-18(A)] voids and supercedes Planning Commission Resolution No. 4560 (SDP 98-18) and, shall become effective upon concurrence by the California Coastal Commission with the Executive Director’s report of acceptance of the suggested modifications for Carlsbad LCPA 2-99D [reference Carlsbad LCPA 97-09(A)] as submitted by the City of Carlsbad. ADD the following condition to Planning Commission Resolution No. 4969: Adoption of Planning Commission Resolution No. 4969 [CDP 98-70(A)] voids and supercedes Planning Commission Resolution No. 4561 (CDP 98-70) and, shall become effective upon concurrence by the California Coastal Commission with the Executive Director’s report of acceptance of the suggested modifications for Carlsbad LCPA 2-99D [reference Carlsbad LCPA 97-09(A)] as submitted by the City of Carlsbad. KELLY RANCH May 2,200l BY TELECOPY City of Carlsbad, Planning Department 163 5 Faraday Avenue Carlsbad, California 92008-73 14 Attention: Gary Wayne, Assistant Planning Director Re: Planning Commission Agenda of May 2,200 1 Kelly Ranch Project Modifications to Resolutions Proposed by Staff Gentlemen: We have reviewed the most recent iteration of the documents circulated by staff together with the Staff Report and Draft Resolutions for the item on the Planning Commission Agenda of May 2. In addition, we have reviewed the Memorandum from Christer Westman identifying certain additions to the draft resolutions. While we are in agreement with the vast majority of the conditions, Kelly Land Company believes that certain additional modifications are necessary, to bring certain of the conditions into proper form. These items have each been discussed with staff in prior communications, and the purpose of this letter is to present them in writing. They are attached to this letter in the form of a Memorandum. 2011 Pu~ni\h r\lKWiKi RII:IL SI 11, 206. C\P!W\II. CA 9LOO’i l .Iii: !7hO] 931-II90 l I-\\: [760] 931-7950 May 2,200l Page 2 Please provide copies of this letter to each of the Planning Commissioners in connection with the hearing of May 2. Very truly yours, KELLY LAND COMPANY 4 Phm& . Smith, Vice President cc: Chairman and Members of the Planning Commission Chri B Westman Dam Brower, Esquire, Deputy City Attorney P- MEMORANDUM To: Carlsbad Planning Department Date: May 2,200l From: Kelly Land Company Re: P.C. Agenda of May 2.2001 SUBJECT: GPA OO-09/ZCA OO-06/CT 97- 16(A)/HDP 97- 17(A)/CDP 97-43(A)/SDP 9%04(A)/CDP 98-66(A)/SDP 98- 18(A)/CDP 98-70(A) - KELLY RANCH Kelly Land Company requests the following modifications. Additions are in bold face and underlined, and deleted words show as strike-out. 1. Modify condition No. 58 of Planning Commission Resolution No. 4963 to add language as follows: . . . . on Lot No. 82, or anv other open space lot, as required by the California Coastal Commission... 2. Modify condition No. 58 of Planning Commission Resolution No. 4963 to delete language as follows: . . . ..shall be done by separate instrument- * . All land so offered shall be granted to the City free and clear of all liens and encumbrances with the exception of existing utility easements and without cost to the City. The City... et 4 c/rr Jr 3. Modify condition No. 61 (D) of Planning Cornmission Resolution 2 1 o. 4963 to clarify the following: WI cq Clarify the extent and the timing of the requirement for Kelly Land Company as to the c iC- 4 “frontage improvements.” It is our understanding that the basic obligation of Kelly Land tifb Company is the frontage improvements (nomeimburseable improvements) as spelled out in the documents for the Cannon Road West Bridge & Thoroughfare District. We intend to build those at the time that we are granted a grading permit. If, as suggested by the paragraph, the City goes forward to construct Cannon Road because the Kelly Ranch Core Area project has not gone forward, we understand that such action by the City would not relieve the developer of the financial obligation for the frontage improvements. 4. Modify condition No. 6 1 (D) of Planning Commission Resolution No. 4963 to omit the third paragraph in its entirety. SD:DMIWEM\CRBiSl194437.1 -l- 5. Modify condition No. 61 (D) of Planning Commission Resolution No. 4963 to add the following at the end of the ultimate paragraph: Section 4(g) of such Reimbursement Agreement shall be amended to state that the Proiect Cannon Road Improvements shall be completed no later than December 31, 2002. SD:DMlUIEM\CRB\S1194437.1 -2- NQY. 2.2001 4 : 58PN NO. 069 P. l/5 DATE: +\GI \g 3r KELLY l3PiNcH FAX TRANSMISSION COVER SHEET FAX NUMBER: FAX MODEL: (760) 93 l-7950 Ricoh FROM: ck;5 Mi\5 PAGE COUNT (Including Cover Sheet) , 5 SPECIAL INSTRUCTIONS: , IF ANY MALFUNCTION OCCURS, PLEASE PHONE (760) 931-1190 EXT. 11 201 I F~COMAR AIRPORT RUAD. SI:II t 112, CAHU’R~B, CA 92009 l TEL; [7601 931=1190 9 FAX: [760] 931-7950 P ’ MFIY. 2.2Em 4 : 58PM NO. 069 P. 2/s KELLY RANCH May 2,200 1. BY TELECOPY City of Carlsbad, Planning Department 163 5 Faraday Avenue C&bad, California 92008-73 14 Attention: Gary Wayne, Assistant Planning Director Re: Planning Commission APenda of May 2.2001 Kelly Ranch Proiect Modifications to Resolutions Proposed by Staff Gentlemen: We have reviewed the most recent iteration of the documents circulated by staff together with the Staff Report and Draft Resolutions for the item on the Planning Commission Agenda of May 2. In addition, we have reviewed the ’ , Memorandum from Christer Westman identifying certain additions to the draft resolutions, While we are in agreement with the vast majority of the conditions, Kelly Land Company believes that certain additional modifications are necessary, to bring certain of the conditions into proper form. These items have each been discussed with staff in prior communications, and the purpose of this letter is to present them in writing. They are attached to this letter in the foorm of a Memorandum, 2011 P~LOS1.M tilRP11Rr Rono. St m 206, tNSE,\D. CA 92009 l TEL: (7601 931 -I I90 . FAX: [7601931-7950 l MFIY. 2.2001 4 : 58PM NO. 069 P. 3/5 May 2,2001 Page 2 Please provide copies of this letter to each of the Planning Commissioners in connection with the hearing of May 2. very truly yours, KELLY LAND COMPANY l -P&i&L Smith, Vice President s . CC: Chairman and Members of the Planning Commission Christer Westman Damian Rower, Esquire, Deputy City Attorney Sb:DMI\LeT\CRB’51194472.1 ’ MflY. 2.20Ql 4 : 58PM L . NO. 069 P. 4/5 To: Carlsbad Planning Department Date: May 2,200l From; Kelly Land Company Re: P.C. Agenda of Mav 2.2001 SUBECT: GPA OO-09/ZCA OO-06KT 97-16(A)/HDP 97- X7(AVCDP 97-43(A)/SDP 98-04IA)lCDP 98-66(A)/SDP 98- 18(AKDP 98-70(A) - KELLY RANCH Kelly Land Company requests the following modifications. Additioti are in bold face and underlined, and deleted words show as strike-out. I I 1. Mod@ condition No. 58 of Planning Commission ResoIution No. 4963 to add language as follows: . . . . on Lot No. 82, or any other open space !ot, as required by the California Coastal Commission,, , 2. Modify condition No. 58 of Planning Commission Resolution No. 4963 to delete language as follows: . I ’ . . .shaIl be done by separate instrumen&& . All land so offered shall be granted to the City free and clear of all liens tid encumbrances wi@ t$e exception of existing utility easements and without cost to the City. The City... ” 3. Mod@ condition No. 61 (D) of Planning Commission Resolution . No. 4963 to clarify the following: ClariQ the extent and the timing of the requirement for Kelly Land Company as to the “frontage improvementz” It is our understanding that the basic obligation of Kelly Land Company is the frontage improvements (nonreimburseable improvements) as spelled out in the documents for the Cannon Road West Bridge & Thoroughfare District. We intend to build those at the time that we are granted a grading permit. If, as suggested by the paragraph, the City goes forward to construct Cannon Road because the Kelly Ranch Core Area project has not gone foonvard, we understand that such action by the City would not relieve the developer of the financia1 obligation for the frontage improvements. 4. ModiQ condition No, 61 (D) of Phning Commission ResoIution No, 4963 to omit the third paragraph in its entirety, -l- .I I TMRY. 2.2001 4 : 59PM N0.069’ P.5/5 5, Mod& condition No. 6 1 (D) of Planning Commission Resolution No, 4963 to add the following at the end of the ultimate paragraph: won 4(gLaf such Reimbursement Aereement shall be amended to state that the Proiect Cannon Road Imprpvements &all be completed no later than December.31,’ 2002. SD:DMIWhftCRBW 194437.1 -2- . _ I /- / ( 1 m//g -’ MEMO TO THE PLANNING COMMISSION P.C.AGENDA OF : MAY 2,200l SUBJECT: GPA OO-09/ZCA OO-06/CT 97-16(A)MDP 97-17(A)/CDP 97-43(A)/SDP 9th 04(A)/CDP 98-66(A)/SDP 98-18(A)/CDP 98-70(A) - KELLY RANCH - To amend previously approved discretionary actions taken by the City of Carlsbad on the Kelly Ranch “Core Area” reducing the number of single family residential lots by eight, reducing the number of apartment units by 43, relocating future day care and recreational vehicle storage areas, establishing modified open space preservation areas, amending the Carlsbad Zoning Ordinance to modify regulations relating to coastal resources, and amending the General Plan land use map on property generally located south of Cannon Road and east of Faraday Avenue in Local Facilities Management Zone 8. References to residential unit and lot counts in the Staff Report and attachments are CORRECTED as follows: 147 single family lots and residential units in Planning Areas “I” and “J” 45 1 apartment units in Planning Areas “D,G, and H” 598 total residential units ADD the following to Planning Commission Resolution No. 4961: Condition GPA 00-09 shall become effective upon concurrence by the California Coastal Commission with the Executive Director’s report of acceptance of the suggested modifications for Carlsbad LCPA 2-992) [reference Carlsbad LCPA 97-09(A)] as submitted by the City of Carlsbad. ADD the following to Planning Commission Resolution No. 4962: Condition ZCA 00-06 shall become effective upon concurrence by the California Coastal Commission with the Executive Director’s report of acceptance of the suggested modifications for Carlsbad LCPA 2-99D [reference Carlsbad LCPA 97-09(A)] as submitted by the City of Carlsbad. REPLACE condition No. 5 of Planning Commission Resolution No. 4963 with the following: Adoption of Planning Commission Resolution No. 4963 [CT 97-16(A)] voids and supercedes Planning Commission Resolution No. 4497 (CDP 97-16) and, shall become effective upon concurrence by the California Coastal Commission with the Executive Director’s report of acceptance of the suggested modifications for Carlsbad LCPA 2-99D [reference Carlsbad LCPA 97-09(A)] as submitted by the City of Carlsbad. Modify condition No. 58 of Planning Commission Resolution No. 4963 to read as follows: . . . . . building permit. All land so offered shall be granted to the City free and clear of all liens and encumbrances with the exception of existing utility easements and without cost to the City. The City . . . . REPLACE condition No. 3 of Planning Commission Resolution No. 4964 with the following: Adoption of Planning Commission Resolution No. 4964 [HDP 97-17(A)] voids and supercedes Planning Commission Resolution No. 4498 (HDP 97-17) and, shall become effective upon concurrence by the California Coastal Commission with the Executive Director’s report of acceptance of the suggested modifications for Carlsbad LCPA 2-99D [reference Carlsbad LCPA 97-09(A)] as submitted by the City of Carlsbad. REPLACE the reference to 170 lots within the title of Planning Commission Resolution No. 4965 with 17 1 lots. REPLACE condition No. 3 of Planning Commission Resolution No. 4965 with the following: Adoption of Planning Commission Resolution No. 4965 [CDP 97-43(A)] voids and supercedes Planning Commission Resolution No. 4499 (CDP 97-43) and, shall become effective upon concurrence by the California Coastal Commission with the Executive Director’s report of acceptance of the suggested modifications for Carlsbad LCPA 2-99D [reference Carlsbad LCPA 97-09(A)] as submitted by the City of Carlsbad. REPLACE condition No. 3 of Planning Commission Resolution No. 4966 with the following: Adoption of Planning Commission Resolution No. 4966 [SDP 98-04(A)] voids and supercedes Planning Commission Resolution No. 4567 (SDP 98-04) and, shall become effective upon concurrence by the California Coastal Commission with the Executive Director’s report of acceptance of the suggested modifications for Carlsbad LCPA 2-99D [reference Carlsbad LCPA 97-09(A)] as submitted by the City of Carlsbad. REPLACE condition No. 3 of Planning Commission Resolution No. 4967 with the following: Adoption of Planning Commission Resolution No. 4967 [CDP 98-66(A)] voids and supercedes Planning Commission Resolution No. 4568 (HDP 98-66) and, shall become effective upon concurrence by the California Coastal Commission with the Executive Director’s report of acceptance of the suggested modifications for Carlsbad LCPA 2-99D [reference Carlsbad LCPA 97-09(A)] as submitted by the City of Carlsbad. REPLACE condition No. 3 of Planning Commission Resolution No. 4968 with the following: Adoption of Planning Commission Resolution No. 4968 [SDP 98-18(A)] voids and supercedes Planning Commission Resolution No. 4560 (SDP 98-18) and, shall become effective upon concurrence by the California Coastal Commission with the Executive Director’s report of acceptance of the suggested modifications for Carlsbad LCPA 2-99D [reference Carlsbad LCPA 97-09(A)] as submitted by the City of Carlsbad. ADD the following condition to Planning Commission Resolution No. 4969: Adoption of Planning Commission Resolution No. 4969 [CDP 98-70(A)] voids and supercedes Planning Commission Resolution No. 4561 (CDP 98-70) and, shall become effective upon concurrence by the California Coastal Commission with the Executive Director’s report of acceptance of the suggested modifications for Carlsbad LCPA 2-99D [reference Carlsbad LCPA 97-09(A)] as submitted by the City of Carlsbad. Planning Commission Minutes May 2,200l Page 11 m7%3/7 7 PUBLIC HEARING: Chairperson Segall asked Mr. Wayne to introduce the next item. 7. GPA OO-09/ZCA OO-061CT 97-16IA)IHDP 97-17tA)ICDP 97-43(A)/SDP 98-04tAVCDP 98-66(A)/SDP 98-18(A)/CDP 98-70(A) - KELLY RANCH - To amend previously approved discretionary actions taken by the City of Carlsbad on the Kelly Ranch “Core Area” reducing the number of single family residential lots by eight, reducing the number of apartment units by 43, relocating future day care and recreational vehicle storage areas, establishing modified open space preservation areas, incorporating Kelly Ranch subdivision design elements of the Carlsbad Local Coastal Program, amending the General Plan land use map and incorporating new text into the Carlsbad Zoning Ordinance on property generally located south of Cannon Road and east of Faraday Avenue in Local Facilities Management Zone 8. Mr. Wayne stated that Item No. 7 is a request for a number of actions that would allow for the development of the Kelly Ranch Project. He pointed out that the Planning Commission had seen this project some time ago and it was approved by both the Planning Commission and City Council. Mr. Wayne said the Coastal Commission made a number of modifications to it and what is being done tonight is bringing back the project in a modified state to comply with those modification. He stated the presentation would be made by the Project Manager, Christer Westman, assisted by the Project Engineer, Mike Shirey. Mr. Wayne stated the Planning Commission’s action is advisory on all these items. Chairperson Segall opened the public hearing. Mr. Westman explained the project is coming back to the Planning Commission because the project which the Planning Commission saw in 1999, went to the California Coastal Commission where there were actions taken by the Coastal Commission which required changes, both legislative and physical to this project and Legislative follow-up actions. He went on to explain that the Kelly Ranch is generally located west of El Camino Real and adjacent to the Agua Hedionda Lagoon. The legislative actions affect the entire Kelly Ranch, while the adjudicatory actions affect a 174-acre portion of the site. Mr. Westman stated the Legislative actions are a General Plan Amendment and a Zone Code Amendment. He explained that the General Plan Amendment changes the Land Use designation for Planning Area A, which is on the north side of the lagoon, from residential medium high to residential medium. Mr. Westman stated that in effect reduces the potential number of units on that site from 111 to 58 based on the General Plan range and the net developable acreage of the site. He also stated that the General Plan Amendment designates Planning Area F, which is on the south side of the lagoon, entirely as Open Space for which the previous designations included Office. He stated that the Open Space designation will not preclude the Agua Hedionda Lagoon Foundation from maintaining their interpretive center on Planning Area F. He stated that the Zone Code Amendment amends the Zone Code to include several new standards into the Coastal Resource Protection Overlay Zone. The same language is repeated in both the Mello II and the Agua Hedionda Segments of the Local Coastal Program as policies. Even though the Local Coastal Program has this language. The California Coastal Commission suggested that it be incorporated into the Zone Code because the Zone Code is the implementing ordinance for the Local Coastal Program and therefore becomes law versus policy. Mr. Westman continued on and stated that there are several adjudicatory follow-up actions which are Tract Map amendment, Hillside Development Permit Amendment, three Coastal Development Permit Amendments and two Site Development Plan Amendments. He stated that in order for the project to be consistent with the new policies of the Local Coastal Program and the Zone Code as amended, the project needed to be physically re-designed. Mr. Westman pointed out information starting with Planning Area J. He pointed out that the Coastal Commission suggested that there be additional Open Space adjacent to Planning Area J, which essentially required some re-design of that portion of the Tract Map. He said the end result was a loss of seven single-family lots and a slight re-design of the street system. He pointed out that the dark green areas were Open Space that are no longer being developed, which makes it additional Open Space. He said the other area that was affected physically by the Coastal Commission’s suggested modifications was primarily in Planning Area D. He stated that in the previous approvals, Planning Area D included a rather large recreational vehicle storage area plus apartments and an area for day care adjacent to that Planning Commission Minutes May 2,200l Page 12 part of the apartments. He said the changes that came out of the Coastal Commission were preservation of a detention basin, explaining that the Coastal Commission felt there was wetland value in that detention basin. There was also established through the suggested modifications an 800 foot Open Space corridor, identified on the Site Plan. He stated that in order to respect those two modifications, the roadway needed to be realigned so that it came around the detention basin and 43 apartment units needed to be dropped. He stated that the Coastal Commission did allow that there be recreational vehicle storage and a pad for a day care, but only in the minimum amount necessary in order to satisfy our local Zoning Ordinances. Mr. Westman stated there was some grading that needed to be re-designed as well because of the physical changes and the greatest impact to that grading was in Planning Areas D, G and H which raised the finished grade elevations approximately five feet throughout the entire apartment project. He went on to say that an Errata Sheet has been distributed by the Planning Department to the Planning Commission correcting numbers of residential units referenced in the staff report, the addition of some language to a condition as requested by the applicant, and adding conditions which tie the effective date of these actions tonight, and ultimately City Council action, to the final certification of the Local Coastal Program by the Coastal Commission. He said the applicant also submitted a memo requesting some changes to certain conditions to Planning Commission Resolution 4963, which is for the tract map. He pointed out that Mike Shirey, with the Engineering Department, would provide staff in-put regarding the applicant’s request. Chairperson Segall asked that the Commission understand what the issues are and then the response as this is new he thought none of the Commission were aware of what these issues are? Mr. Wayne asked if Chairperson Segall was asking about the issues in the Errata Sheet? Chairperson Segall responded that he was referring to the memo from Kelly Ranch. Mr. Shirey pointed out that these are the issues that were gone over in briefing and he offered to go over them, condition by condition and point by point. He stated that their first request was to modify Condition No. 58 of Planning Commission Resolution 4963 on page 14. He said that condition had to do with an Irrevocable Offer of Dedication on Lot No. 82, that lot being the existing detention basin that is just to the southwest of existing Village E, the Canterbury Site, where the City has proposed to put the permanent sewer pump station. He said that Kelly Land Company has asked that the Condition read that “the Developer offer an Irrevocable Offer of Dedication on Lot No. 82 or any other Open Space lot.” He stated that the way the Condition is written is: “The Lift Station located on Lot No. 82 or any other lot as required by the Coastal Commission or the City,” page 14, line 23. Mr. Shirey stated the reason that the City does not want to add the language “or any other Open Space lot” is they do not want to limit the options of the City if the Coastal Commission does not permit the permanent lift station to be installed on Lot No. 82, because then the City will have to locate that Lift Station somewhere else within Kelly Ranch. He said the intent of the City, after talking to the City’s Design Division, is to install the lift station on Lot No. 82 as it is designed. It would be cost-prohibitive to install it anywhere else, but if it cannot be put there the City must leave its options open. Mr. Shirey pointed out that staff added to the Condition, as a concession, language on line 24 that says, “and as negotiated with by the developer or their successors.” Staffs intent is to not take any lot that the City may want, but try to work something out with the developer and, again the intent of the City is to install this facility on Lot No. 82. Chairperson Segall stated the fundamental difference is that Kelly Ranch is asking that the conditions language state, “any other Open Space lot” where the City’s position is that it could be any lot, including a developable piece. Commissioner Baker asked if we accepted the condition of any other open space lot and it could not go on Lot No. 82 and it couldn’t go on another open space lot, would then the City have to purchase a residential lot, if that is where it would end up going or what would the City’s option be? Mr. Wayne replied that if the City could not get it as an exaction off of a subdivision map, the City would have to condemn it through the condemnation process. Mr. Shirey stated that in that same Condition on line 27, the Developer has requested that the City delete the sentence, “prior to the issuance of building permit.” He explained that when writing the, Conditions, a 139 Planning Commission Minutes May 2,200l Page 13 deadline of when things happen is needed and a major issue with the sewer exists in Kelly Ranch, so the condition is written to allow the developer to obtain his grading plan approval, improvement plan approval, final map and grading permit before the lift station is sited; but he would not be able to get his building permits until sewer issues were worked out. Mr. Shirey stated that staff cannot support deleting that because it leaves it open that the developer can then begin building homes without the permanent situation for the sewer worked out. Commissioner Baker stated there is some concern that the current sewer lines or pump stations are getting close to capacity and she asked if those lines were at capacity, then could building permits still be issued, even if the permanent situation was not worked out? Mr. Shirey stated this Condition on line 27 has to do with that pump station and actually siting it and getting it going and that sewer line capacity is another issue. Commissioner Baker confirmed that it has nothing to do with the current situation. Mr. Shirey stated that in Item No. 3, the Developer has requested a modification to Condition 61D to clarify the timing of the frontage improvements. If the Kelly core area does not go forward, and the City would end up building Cannon Road, that there are two paragraphs under Condition 61D on page 16 that say, “that the Developer will complete their frontage improvements.” Mr. Shirey pointed out that when a Developer develops, they have to do their improvement plans and grading plans, enter into a Subdivision Improvement Agreement which gives them 18 months to complete their improvements or as extended by the City Engineer. None of this is being changed as this is the way the City has always operated. He pointed out that if the City would come in and build Cannon Road, what the City would build would be the grading, the median and the two lanes adjacent to the median and the “frontage improvements” would be for the developer to complete to improve the rest of the lanes. He said if the Developer went away and quit processing that they would not be required to put those lanes in. He explained that if they go forward and enter into a Subdivision Improvement Agreement, get their plans approved and they are ready to go forward, Cannon Road would be completed like a normal development. Commissioner Compas asked what they find objectionable on what they are asking and does Mr. Shirey have a problem with that? He stated he is confused as to the reason for clarification. Chairperson Segall stated he would ask the applicant how they want it clarified and they would address that. Mr. Shirey stated Item No. 4 is still within Condition 61 D, at the top of the page on page 17, line item 2. He said the Developer has asked to delete this paragraph in its entirety. He pointed out that if for some reason Kelly Ranch does not go forward and the City would go forward to build the road, there is language in that paragraph about surcharging and there is an issue on Cannon Road that there are compressible soils along the Cannon Road Frontage for Kelly Ranch. He explained that surcharging is piling up a big pile of dirt on the road, which accelerates the compression of the road so that it does not compress anymore once the road is completely built. This paragraph is tied to the previous paragraph on page 16, line item 27, which says, “If the Kelly Ranch Core area project does not go forward and the City constructs Cannon Road and surcharges Cannon Road to accommodate the Kelly Ranch Core Area project, then the Developer of the Kelly Ranch Core Area shall complete their frontage improvements.” He stated that in that scenario, the City will expand their Cannon Road grading envelope to do the slopes that the apartments need for their design which would then include the surcharge of their slopes, so that the whole road settles together, and then Kelly Ranch could come in at some point and build their apartments without damaging or harming Cannon Road. Mr. Shirey stated that for the City to do this, they would have to go outside the approved grading envelope that we have currently, which is within a certain right-of-way width, in order to do their surcharge and include their slopes. He stated that the only difference in the paragraph that Kelly Ranch wants deleted is (page 17, line item 3) “If the Keliy Ranch Core Area project does not go forward and the City constructs Cannon Road, without surcharging Cannon Road...“. Mr. Shirey explained that in this scenario, the City goes in and just builds what the Grading Envelope that we have approved, which could mean to Kelly Ranch is when they come in the future, their slopes have not been put in and when they put their slopes in, that would affect the settlement of the road and could damage Cannon Road and the City definitely does not want that to happen, so the way the Condition goes Planning Commission Minutes May 2,200l Page 14 on to read is, “. . . without surcharging Cannon Road to accommodate the Kelly Ranch Core Area project, then the Developer of the Kelly Ranch Core Area shall redesign-i.e. pull back or implement some other mitigation measure to the satisfaction of the City Engineer...“. He explained that they would have to come in and either pull their slopes back, which could affect their current design or implement something else where they could keep their slopes, and we have not seen any evidence on how they may be able to do that. He again stated that the City cannot support taking this language out and the City is just trying to leave options open and it is the full intent of the City and the Developer to build Cannon Road with the Kelly Ranch Development. The City has been working diligently with Kelly Land Company to head in that direction, but unfortunately there is an unknown with the Coastal Commission that could hold Kelly Ranch up and if the City Council would want the City to undertake Cannon Road as a Capital Improvement Project, this information basically lays out scenarios on how that could happen. He stated the City feels it is more of a noticing type condition and recommends that it stay there. Mr. Shirey stated that Item No. 5, which is still in Condition 61D, page 17, line item 9, is at the end of the Condition saying, “The developer has entered into a reimbursement agreement dated December 15, 1998 and shall be eligible for fee credit.. .” which is the Cannon Road Reimbursement Agreement that the City’s Capital Improvements Projects and Design Division have been working out with Kelly Ranch. He stated that the Developer had asked to add language into that paragraph so the Agreement should be amended to change the date of completion of Cannon Road. He said they are actually asking for an Amendment to Section 4G of the actual Agreement and again staff cannot support that, as staff does not think that Conditions of Approval for a project should govern or have any force or affect on an Agreement that is outside of this, which would be worked out with Kelly Land Company, the City Manager and ultimately would go to Council. Chairperson Segall confirmed that Staff does not have this Reimbursement Agreement, and that it is not part of the Kelly Ranch Conditions? Mr. Shirey agreed. Commissioner Baker referred an Item from the Coastal Commission that Mr. Shirey mentioned which could still hang this up. She asked for it to be further explained. Mr. Wayne answered this inquiry and added to what Mr. Westman stated from the Errata Sheet. The reason for tying the effective date of this approval to the concurrence of the California Coastal Commission with the Executive Director’s Report on Acceptance and adding the final words, “as submitted by the City of Carlsbad,” is that currently in the suggested modifications, the language regarding Storm Water Control is different from the Order that was adopted recently (in February) by the Regional Water Quality Control Board. We have stated to the Coastal Commission that we will not adopt a higher standard than the rest of the cities in the County or even the rest of Carlsbad outside the Coastal Zone, so we will be adopting exactly that language that the Regional Water Quality Control Board has imposed on all of the cities and County in San Diego. We feel that this is still an item of contention which may cause delays; it may cause problems with the ultimate approval of Kelly Ranch. But more importantly, the Coastal Commission has actually required us to put in place General Plan Amendments, Zone Code Amendments, laws as part of this action and if this action should unravel for this or any other reason, we don’t want these laws on the books. We want to go back to square one because we didn’t want to accept many of the suggested modifications with exception of a couple that we proposed. The only reason that we recommend it to the City Council to accept them is the importance of the Kelly Ranch Project to completing a number of Public Improvements, Cannon Road being one, the Sewer Lift Station being another one, and so it becomes very important for us to compromise. In addition, Kelly Ranch actually is bearing the largest brunt of these responsibilities required by the Coastal Commission’s suggested modifications. However, we are tied to Kelly Ranch in the Local Coastal Program. This is because the modifications affect Kelly Ranch and Macario Canyon and as owners of Macario Canyon we are subject to exactly the same requirements as Kelly Ranch. Commissioner Baker restated to Mr. Wayne in that if the Coastal Commission will not accept what the Planning Commission is doing tonight and what the City Council will finalize, then all of the Zone Code Amendments, the General Plan Amendments become void? Planning Commission Minutes May 2,200l Page 15 Mr. Wayne agreed that they would become essentially null and void. Commissioner Baker asked if the condition that refers to the 85th percentile, 24 hour run-off is the condition that could be at issue with the Coastal Commission? Mr. Wayne said that is correct and that it was anticipated originally when the Coastal Commission drafted the condition, they based it on what was adopted in Los Angeles and that language was proposed in the original San Diego County tentative order, issued by the Regional Water Quality Control Board. Most of the jurisdictions in San Diego County objected to that and tried to get the language changed. Ultimately it was changed to allow for the standard to not just be volume-based, but to be volume and/or flow-based. So if you can reduce the problem by tackling the flow issue you can have smaller detention basins and in this case the hydraulic report that we have seen on Kelly Ranch indicates that they cannot meet this higher standard either so this means they would also have a problem meeting just the volume-standard that the Coastal Commission would be imposing on the City of Carlsbad. Commissioner Baker asked if there was any scientific evidence that the Coastal Commission’s more stringent standards are cost-beneficial? She asked what is the benefit of it, being great enough to justify the more stringent requirements? Mr. Wayne stated the City believes that having it be either flow or volume meets the intent because the end product is the same. He said that if you can address it by addressing the volume, then fine but if you can’t and you have to address it by flow rate, then you have accomplished exactly the same thing, but dealt with it in a different manner Chairperson Segall asked if the Applicant is in agreement on the Errata Sheet? Mr. Westman said the Applicant does have it in the memo form and the language is exactly the same. The letter received from the Applicant is in response to the memo and makes no objections to this condition change in the memo. Chairperson Segall had a separate question relative to the Site Development Plan approval, having done it in 1999. He noticed in looking at the plans there appears to be a number of units that are the same floor plans, lots 16-19, with basically four homes that are all the same right in a row. He asked Mr. Westman to address that. Mr. Westman pointed out that it has to do with Planning Area J, which is the highest elevation on the project, and there are four lots adjacent to each other which all have the same floor plan proposed. Chairperson Segall pointed out that it is the same floor plan even though there are going to be different elevations, but there are four plan twos in a row. He asked if Mr. Westman had any feelings on this from a Planning standpoint. Mr. Westman stated the street elevations will be different, because three elevations for each of the floor plans that are being proposed. He could concede that even though there are three different elevations for the floor plans that someone who is savvy would look at them and be able to identify that they are really all the same floor plan and make the association they are the very same house. It is very repetitive and he agreed it would be better to vary so it wasn’t the same floor plan, four in a row. Commissioner Baker asked if the lnclusionary Housing would be done on-site (the 124 deed-restricted apartment units) and will they be interspersed? Mr. Westman said yes to both questions. He further explained the lnclusionary Housing will be satisfied within the apartment project which is being developed by Archstone and that it will be 15% of the total units being built for the entire Kelly Ranch Project, including Area E, A, I and J. Commissioner Baker referred to the long streets that the City Council has been interested in establishing some traffic calming procedures in any new subdivisions. She asked if the City was going to do anything Planning Commission Minutes May 2,200l Page 16 to keep the speeds down on those streets in Kelly Ranch? She was concerned that the long streets will have children out playing and other streets as well, old and new which have become speedways. Mr. Westman shared that the topography, and the narrow and up hill streets cause traffic to move more slowly and the City does not have any plans to include traffic calming measures. He pointed out on the map that the longer streets in Kelly Ranch are non-loaded streets intended purely for circulation. Mr. Heineman pointed out as the Chair of the Traffic Calming Committee, he stated that the narrow- winding streets are traffic calming devices. Chairperson Segall seeing no further questions from the staff asked the applicant to come up and address the question. Steve Smith, 2011 Palomar Airport Road, Suite 206, Carlsbad, CA 92008, President of Hillman Properties and Vice President of Kelly Land, the applicant. He thanked City staff for all their work to date on the Kelly Ranch Project and Cannon Road, as it is a quite complicated project. He pointed out the clarification on Item No. 3 that it was an acceptable clarification. He said they were looking for clarification and the clarification provided was acceptable. He stated that with the clarifications they have heard tonight, that they are in substantial agreement with the report. The only caveat he could make, is that it is very complicated and what he would envision is some additional dialogue subsequent to tonight’s hearing between now and City Council, which would include a lot of additional clarifications for both parties. He stated he would probably be getting some feedback from the Coastal Commission. What he is requesting is the City’s approval and the opportunity to undertake that effort. He shared that he has a variety of consultants available. Commissioner Trigas asked if the applicant is approving the actual Item No. 7 and the Errata Sheet as explained with the clarifications etc. or would you want a continuance to change wordage? Mr. Smith responded that he thought they are in substantial agreement with the document. Mr. Smith confirmed that he does not want an extension of time. Commissioner Baker asked Mr. Smith if he was comfortable with the Planning Commission going ahead with the approval when the Coastal Commission could say no and throw it back to square one again? Mr. Smith stated he has not heard from the Coastal Commission as yet but he anticipates some dialogue with them about that issue and probably a few other issues. He said the issue of the slightly different words was pointed out early by the City and he is aware that his project, in fact, cannot comply with one of the components, so when he is able to facilitate a meeting with the Coastal Commission they will have a better understanding about how difficult that issue may be. Commissioner Compas asked if Mr. Smith is able to get the approval of the Planning Commission and the City Council within the next two or three months, including the Coastal Commission, when would he start the project and what type of prices might you charge for these homes? Mr. Smith responded that he would start immediately. He asked the Archstone representative and he stated the asking prices would range from $400,000 to $600,000. Chairperson Segall pointed out he lived in an area where the homes were the same in a row and asked if there was a problem with changing out some of the homes or re-evaluating placing four of the same plans in proximity to one another? He stated he had hoped to see some diversity and not have four lots all the same. Ryan Green, Community Development Manager for Shea Homes, said he is working with Home and Properties on this. He explained with regard to those four lots, that typically the reason that occurs is due the constraints of the setbacks and the lot sizes or the home sizes. He stated that if they can facilitate making a difference they definitely will as they want to see as much of a variety as they possibly can within their community. He said what he would propose is that they would come back and look at those four lots and actually look at them on an individual basis as they have been focusing so much on the Planning Commission Minutes May 2,200l Page 17 Coastal Commission and other things of late. He explained that he totally supports some diversity and not have four homes that are the same. He said the Commission could put a condition that they research and go back and look at those four individual lots with Planning to ensure Kelly Ranch has done the most right as possible on those four individual lots or all of them. He stated he would be happy to research all of them again. Chairperson Segall said that he would leave the wording up to Mr. Westman if it was to be added. Commissioner Trigas pointed out that she didn’t think they needed any actual wording for this, but the developer is willing to look at it and the intent is present. Mr. Wayne agreed that the developer is on record and it ends up as a substantial conformance issue. Chairperson Segall opened public testimony. Robert Middien, 2290 Hillyer Street, Carlsbad, CA 92008, a resident of Kelly Ranch, Canterbury, stated his concern has to do with the integration of Kelly Ranch Development in the existing community, specifically, living in Canterbury where the children are assigned to Kelly School and as of now there is no sidewalk on El Camino Real for the children to walk on to get to Kelly School. The children have to walk through the Open Space, through the swamp, or walk on the road to get to the school. Chairperson Segall stated they would ask staff regarding this issue. Bob Richards, President of Agua Hedionda Lagoon Foundation, a non-profit organization whose interest is in protecting the environment of the lagoon and the areas surrounding the lagoon and its watershed. He stated they spoke in support of the Kelly Ranch Project a couple years ago, as being consistent with the things they wanted to see. He again speaks in support of the project as they are very happy with the Open Space designations, particularly Planning Area B and Planning Area F and they like the attention to the trails and the public access that is in the revised plan. He stated that approval is important to facilitate the transfer of the wetlands, basically Planning Area B, to the Department of Fish and Game. He referred to it as a jewel and that they really wanted to see this happen as soon as possible as it is being ripped apart right now, where four-wheelers get in there right after a rain, they just tear it apart, which is no place for a nature reserve. He said approval gets them closer to getting into their Nature Center, which the City approved about two years ago. He said in reading the documents it seemed to him that the City has pretty well responded to the issues raised by the Coastal Commission, but his concern is the City telling itself that they have responded? He shared his concern if the City does not meet the Coastal Commission head on or meet their requirements, this project still is not going to go and he thinks we all need it. Chairperson Segall, seeing no more comments, closed the public testimony and asked Mr. Westman if he would like to address the issue raised on the sidewalk on El Camino Real. Mr. Shirey volunteered to address the issue raised on the sidewalk on El Camino Real. He pointed out that Condition 61-O on page 18, line 7 of Planning Commission Resolution 4963, states that “the Developer shall widen and fully improve one-half of El Camino Real.” He stated that the section Mr. Middien was talking about is a condition on this project to be improved which would include the additional lanes, the median and the sidewalk. Chairperson Segall asked if there is any idea of when that might occur in terms if final approval is given through all the various agencies? He asked if that is a priority to do up front? Mr. Shirey assured Chairperson Segall it is a priority if Kelly Land Company can go forward and the project goes forward to build Cannon Road. Mr. Shirey actually received a letter from the Developer stating they are in agreement with this and their plans will be coming in as part of the Cannon Road and on-site Kelly improvement plans, so it would be done presumably within 18 months to two years if the project started within that time frame. Mr. Wayne stated that Kelly Ranch’s responsibility is only for that section between essentially Cannon Road along El Camino Real to the existing improvements at Ranch0 Real, which is to the northwest. He Planning Commission Minutes May 2,200l Page 18 said there would still be a section unimproved and that would be the responsibility of another developer in the future. Chairperson Segall confirmed that there are 800 homes going into Kelly Ranch according to Mr. Donnell’s report. He stated that he recalls two years ago an effort was made to take it out of the plan, the School District said they didn’t need that site. He was concerned now that there is no way to get the children to that school which is a District issue as well, but he asked if Mr. Westman could address that. Mr. Westman said the developer of the Kelly Ranch is going to be responsible for providing improvements along their frontage, which is not the entire distance going off-site. He stated there may not be enough children generated by the Kelly Ranch project to require the kind of off-site improvement they are looking for. There are other homes and other families that are not in Kelly Ranch that also may be using that sidewalk. Chairperson Segall stated he was not suggesting that Kelly Ranch should do that, but in the planning process there seems like there is a missing link. Mr. Westman explained that in other parts of the City, the City has actually ended up taking on the responsibility for putting in sidewalks as a Capital Improvement Project. Chairperson Segall explained they had the same thing in Aviara with Villa Loma, that they had no way to walk to the school for a long time, until they opened the back road, Ambrosia. He asked if Mr. Westman had any comments on how that might be accomplished in terms of getting that road improvement in for the safety of kids? Mr. Wayne stated that he thought what Mr. Westman is saying is accurate. He said the only group that could take on the responsibility would be the City, but there is probably right-of-way issues as there are with this project, so you can’t just go out and build a sidewalk on somebody’s private property. He said that would come at the time of some sort of discretionary action. Mr. Shirey added that the City does have a sidewalk inventory list that the Traffic Engineering Department keeps up and they look at certain criteria of when and where to put sidewalks in and possibly that last remaining segment could be analyzed through that report and see where it falls on the priority list. Chairperson Segall asked if there is some kind of action or recommendation they can make to have that examined. Mr. Wayne stated they have made that recommendation on record, and that being an Engineering document, which Mike had a major role in preparing it was a simple matter of seeing if it is a segment that is possible and if it may need to have right-of-way. He pointed out that City Staff understands the issue. Commissioner Baker asked if there would be a trail or a connecting sidewalk/road that will go from this development to where Kelly Drive currently ends by the park and the school and if not, why not? Mr. Westman stated there was not going to be any trail through the Open Space. He said the intention of the California Department of Fish and Game taking over this part of the Lagoon is to maintain it as wetland habitat and restore it to the wetland habitat. There are always concerns about having trails which allow people to go through habitat. Chairperson opened public testimony and seeing no one wishing to speak, closed public testimony. DISCUSSION Chairperson Segall stated that he is reluctantly voting in favor of this project. He said he thinks the reluctance comes from the standpoint that he thinks the City and Kelly Land and the rest of us have been held hostage by the Coastal Commission on this project. He pointed out that two years ago the Planning Commission approved it, the City Council approved it, staff worked on this project and in his opinion it has been needlessly delayed and we have lost 43 apartments, which is an important inventory in this Planning Commission Minutes May 2,200i Page 19 community. He also pointed out that we have had a major delay on Cannon Road, which is a major circulation element in this community; a delay in the Lift Station, and he stated he thinks the City has lost local control on this issue and hopefully some of the issues taking place in Sacramento recently will help right this. He stated his opinion is that the City had a good project before; we’ve lost some things, so he will support this, but he just wanted to voice his opinion relative to what the Coastal Commission has done on this. MOTION ACTION: Motion by Commissioner Trigas and duly seconded, to adopt Planning Commission Resolution No. 4960 recommending approval of a Negative Declaration and adopt Planning Commission Resolutions No. 49614969, recommending approval of General Plan Amendment GPA 00-09, Zone Code Amendment ZCA 00-06, Tract Map Amendment CT 97-16(A), Hillside Development Permit Amendment HDP 97-17(A), Coastal Development Permit Amendment CDP 97-43(A), Site Development Plan Amendment SDP 98-04(A), Coastal Development Permit Amendment CDP 98-66(A), Site Development Plan Amendment SDP 98-18(A) and Coastal Development Permit Amendment CDP 98-70(A) based on the findings and subject to the conditions contained therein, and in addition the Errata Sheet for GPA 00-09, ZCA 00-06, CT 97-16(A), HDP 97-17(A), CDP 97-43(A), SDP 98-04(A), CDP 98-66(A), SDP 98-18(A), CDP 98- 70(A) - Kelly Ranch. VOTE: AYES: 7-o-o Chairperson Segall, Commissioners Compas, L’Heureux, Heineman, Baker, Nielsen, Trigas NOES: ABSTAIN: None None - . 7 . JUNE 12,200l TO: City Council FROM: Planning Department CT 9746(A) - KELLY RANCH CITY COUNCIL ERRATA SHEET Subsequent to Planning Commission action on the above, staff discovered that a conflict exists between Conditions No. 27 and 28 of Planning Commission Resolution No. 4963 and Condition No. 58 of Planning Commission Resolution No. 4963. The conflict may be rectified by the elimination of the reference to Lot No. 82 in Conditions No. 27 and 28. This change makes the conditions consistent with staffs recommendation that Lot 82 is the most suitable location for the future South Agua Hedionda Sewer lift station. Additionally the applicant has requested revisions to Conditions No. 58 and 61D of Planning Commission Resolution No. 4963 and the California Coastal Commission staff has asked for amendments to the Coastal Development Permit resolutions. Staff has reviewed the request and recommends the following condition language replace the language adopted by the Planning Commission. Strike-out words and numbers will be removed and bold words and numbers will be added. City Council Resolution No. 2001-165 should be amended to incorporate the following changes: Add recital to City Council Resolution as follows: WHEREAS, the City Council accepted the Coastal Commission suggested modifications as proposed by the Coastal Commission on December 12, 2000, the Kelly Ranch project has been redesigned to comply with the suggested modifications as proposed by the Coastal Commission, and no change to the suggested modifications as proposed by the Coastal Commission will be affectuated by these City Council actions. Amend Finding No. 2 of City Council Resolution No. 2001-165 as follows: . ..are approved and the findings and conditions of the Planning Commission contained in Planning Commission Resolutions No. 4960, 4961, 4962, 4963, 4964, 4965, 4966, 4967, 4968, and 4969 on file with the City Clerk incorporated herein by reference, and as amended by City Council Resolution No. 2001-165, are the findings and conditions of the City Council. Amend Condition No. 27 Planning Commission Resolution No. 4963 (CT 97-16(A)) and add condition as amended to Planning Commission Resolution No. 4965 (CDP 97-43(A)) The Developer or their successors shall dedicate on the final map, an open space conservation easement for all/or those portions of Lots 77, 78, 79, 80, 81, %9, 83, 157, 158, 159, 160, 163, 164, 166, 170, and the remainder parcel which are in steep slopes, wetlands, coastal sage scrub, other constrained land, plus all other lands set aside as part of the Citywide Open Space System and the LCP Kelly Ranch Open Space as shown on the LCP Kelly Ranch Open Map to prohibit any encroachment or development, including but not limited to fences, walls, decks, storage buildings, pools, spas, stairways and landscaping, as shown on Exhibits “A” - “M. CT 97-16(A) KELLY RANCH CITY COUNCIL ERRATA SHEET JUNE 12,200l PAGE 2 Add Condition to Planning Commission Resolutions No. 4963 (CT 97-16(A)) and 4965 (CDP 97- 43W Prior to the approval of a final map or issuance of a grading permit, which ever occurs first, the Developer shall execute a document or documents to the satisfaction of the Planning Director and the City Attorney which accomplish at a minimum the following: a. Continued ownership by the Developer or its successors in interest of the land within the conservation easement until some future date at which time ownership will be transferred to the City or its designee for perpetual maintenance; b. While in continued private ownership, active maintenance to protect and preserve the quality of the habitat (including but not limited to reasonable prevention of trespass); and, c. Transfer of ownership and maintenance responsibility at some future date to the City or its designee simultaneously with transfer of funding or other acceptable financial mechanism to provide for management and conservation in perpetuity. (The cost of management is currently estimated to be approximately $85.00 per acre per year.) Amend Condition No. 28 Planning Commission Resolution No. 4963 (CT 97-16(A)) Removal of native vegetation and development of Open Space Lot(s) 77, 78, 79, 81,&l, 83, 157, 158, 159, 160, 163, 164, 166, 170, including but not limited to fences, walls, decks, storage buildings, pools, spas, stairways and landscaping, other than that approved as part of the grading plan, improvement plans, biological re-vegetation program, landscape plan, etc. as shown on Exhibits “A” - “M”, is specifically prohibited, except upon written order of the Carlsbad Fire Department for fire prevention purposes, or upon written approval of the Planning Director, and California Coastal Commission if in Coastal Zone, based upon a request from the Homeowners Association accompanied by a report from a qualified arborist/botanist indicating the need to remove specified trees and/or plants because of disease or impending danger to adjacent habitable dwelling units. For areas containing native vegetation the report required to accompany the request shall be prepared by a qualified biologist. Amend Condition No. 58 Planning Commission Resolution No. 4963’(CT 97-16(A)) Prior to the approval of Final Map or issuance of a grading permit, whichever occurs first Developer or their successors shall cause Owner to dedicate or make an irrevocable offer of dedication to the City for the Cannon Road right-of-way and Lot 82 e+&e+&k . . 7 for a permanent South Agua Hedionda interceptor sewer lift station err successors. . All land so offered e exception of existing utility easements and without cost to the City. The City will only accept any irrevocable offer of dedication for Lot 82 if all required regulatory permits have been &k&GeW& issued for the lift station. . CT 97-16(A) KELLY RANCH CITY COUNCIL ERRATA SHEET JUNE 12,200l PAGE 3 Amend Condition No. 61D Planning Commission Resolution No. 4963 (CT 97-16(A)) Construct full Major Arterial improvements to Cannon Road, including the landscaped raised median, from the southerly boundary of Kelly Ranch Village “E” (CT 96-07) to the southerly boundary of CT 97-16(A). If the Kelly Ranch Core Area project does not go forward and as a result the City elects to construct Cannon Road, and surcharges Cannon Road to accommodate the Kelly Ranch Core Area project, then the Developer of the Kelly Ranch Core Area shall complete their frontage improvements when the Developer goes forward with the core area project. Developer has agreed that any additional costs to surcharge Cannon Road to accommodate the Kelly Ranch Core Area project shall be assumed solely by the developer. If the Kelly Ranch Core Area project does not go forward and as a result the City elects to construct Cannon Road, without surcharging Cannon Road to accommodate the Kelly Ranch Core Area project, then when such core area project does go forward the Developer of the Kelly Ranch Core Area shall redesign (i.e., pull back or implement some other mitigation measure to the satisfaction of the City Engineer) the slopes along Cannon Road so that the slopes do not negatively impact Cannon Road due to soil settlement; and, the Developer shall also complete their frontage improvements when the developer goes forward with the core area project. If the Kelly Ranch Core Area slopes along Cannon Road have to be redesigned pursuant to this condition, then the project may be required to go back before Planning Commission and/or City Council for amendment. The developer has entered into a reimbursement agreement dated December 15,1998 and shall be eligible for fee credit and/or reimbursement for their portion of the Cannon Road common improvements as defined in the Cannon Road West Bridge & Thoroughfare District. A letter has been submitted to the City from the District Manager of the San Diego California Coastal Commission office with an interpretation of the Suggested Modifications adopted by the California Coastal Commission for LCPA 97-09, July 11, 2000. The interpretation establishes the Coastal Commission’s intention to apply both volume and flow based methods to determine the 85& percentile of storm events. The interpretation applies to language in the Coastal Resource Protection Overlay Zone, Agua Hedionda Lagoon and Mello II segments of the Carlsbad Local Coastal Program. The letter is attached. The wording in Ordinance No. NS-589 should be revised to be consistent with the original language of the Suggested Modifications adopted by the California Coastal Commission for LCPA 97-09, July 11, 2000 as follows. SECTION VI: That Section 21.203.040(B)(4)(j) of the Carlsbad Municipal Code 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 tsy from each and every storm event up to and including the 85* percentile 24-Hour ofacrrr runoff event t prior to conveying runoff in excess of this standard to the storm water conveya;ce system. s . . CT 97-16(A) KELLY RANCH CITY COUNCIL ERRATA SHEET JUNE 12,200l PAGE 4 v . The plan shall 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: 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 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 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 by each and every storm event up to and including the 85* percentile 24-Hour &e+wt runoff event et&w i&e+&+. 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). Both the Mello II segment of the Carlsbad Local Coastal Program and the Coastal Resource Protection Overlay Zone in the Cartsbad Municipal Code have special development requirements unique to the Coastal Zone. The project has been designed and/or conditioned in the appropriate documents to be consistent with those requirements. However, at the request of the Coastal Commission, reference to the requirements should be placed into the Coastal Development Permit resolutions as follows: Add condition to Planning Commission Resolution No. 4965 (CDP 97-43(A)) Prior to the issuance of a grading permit, the Developer or their successors shall obtain approval of a fire suppression plan consistent with the Mello II segment of the Local Coastal Program from the Carlsbad Fire Department. Add condition to Planning Commission Resolutions Nos. 4965 (CDP 97-43(A)), 4967 (CDP 98- 66(A)) and 4969 (CDP 98-70(A)) Public vista points and trails shall be provided as shown on the approved exhibits. Add condition to Planning Commission Resolutions No. 4967 (CDP 98-66(A)) and 4969 (CDP 98-70(A)) Building setbacks and heights shall be provided as shown on the approved exhibits. In addition, exterior wall and roof wlors shall be of low intensity earth or vegetative tones. Stucco with accent material such as tile, natural stone, or other compatible natural materials shall be preferred. Roof colors shall be low intensity colors which blend with the environmental setting of the project. s CT 97-16(A) KELLY RANCH CITY COUNCIL ERRATA SHEET L 0 JUNE 12,200l PAGE 5 Add condition to Planning Commission Resolutions No. 4967 (CDP 98-66(A)) and 4969 (CDP 98-70(A)) Prior to the issuance of a grading permit, the Developer or their successors shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan, the City’s Landscape Manual, and the Mello II segment of the Carlsbad Local Coastal Program. The Developer or their successors shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. Attachments . ’ 9-g mm OFwomaA-w MSOURCFS Am 6fMvlw& GweJmw CAUFORNIA COASTAL COMMISSION WJDECOAREA 7676WRWUITANDl?IVE,SUlIE lm sANolE6o.cA Qmw40!2 (614) 76?.2wo . June 11,200l e Mr, Gary Wayne Assistant Planning Director City of CIlrishad 1635 Faraday Avenue Car&bad, CA 92ow7314 Mr. Stephen P. Smith Kelly Land Company 2011 Palomor Airport Road, Suite JOf5 Carlsbad, CA 92009 Re: Local Coastal Program Amendment (LCPA) 2-99D-Kelly Ranch Co@irmation re: Water Quality issue Gentlemen: The purpose of this letter ia to provicle City staff, and Kelly Land Company; with confirmation ZUI to the meaning and intent of a portion of the Suggested Modifications to the above referenced LCP amendment adopted by the California Coastal Commbdon on July 1 I; 2OtXI. The portion of the Suaested Modifications in question is the rw@wneat for a Rtcrm water runoff plan and incorporation of BMP’s regarding runoff control for residential devcJopment and parking lotus, found at Sections A.8 B. 14 and C.20 of iht S.uggested Modifications which read, in part, as follows: RESIDENTIAL DBV’PLGPMENTz “Development plans for, or which include nsidential housing development with greater than 10 hou&g units shall include a drainage and polluted runoff control plan prepared by a licensed engineer, designed to inf!ltxate, filter or lreat the volume of runoff produced by each and every storm event up to and including the 85th percentile %hour runoff event, prior to conveying runoff in excess of this standard to the storm water conveyance system.. . ..’ and PARKING LGTS: ‘Y, y VTkvclopment plans for, or which include parking JQM great& than 5,000 sq.ft, in size and/or with 25 or more parking spaces, 6usceptihIe to stormwater shall: ---. -- -T VIW Mr. Gary Wayne June 11,200l Page 2 a. Incorporate BMPs,.,.Selected BMPp shall be designed to collectively infiltrate, filter or trust the volume of runoff produced by each and every storm event up to and including the 85th percentile 24-hour runoff event,.. .,” WC understand that the City Council is considering a Zoning Code Amendment which, among other things, will adopt the above mentioned standard’for runoff control consistent with the Commission’s Suggested Modifications in order to obtain effective certification of the LCP. A question has arisen as to whether, in dealing with the volume of stormwater runoff, both volumebased and flow-based m&hods may be utilised and found to be consistent with this LCP standard. This letter confirms to both the City and to Kelly Land Company that Caastal Commission staff interpret the above-referenced Suggested Moditic~tions as authorking drainage and polluted runoff control plans to incorporate volume-based BMP’s, flow- bawl BMP’s, or a combination of both for any public or private development. within the City which is subjcct to LCPA Z-991>. Having reviewed Order No. 2001-01, adopt4 by the Cc\lifomia Regional Water Quality Control Board, San Mego Region, on February 21,2001, it is UK position of Coastal Commission staff that any drainage and polluted runoff control plan and/or BMP’s which comply with the standards act forth in Section P. 1 .b.(2)(c) of California Regional Water Quality Control Board. San Diego Region, Order No. 2001-01 would also comply with the requirements of the above-referenced Suggested Modifications. Please don’t hesitate to call if you want to dkcuss any of the above comtixnt~. CC: D.L. Clemens Deborah Lee Bill Ponder Christopher Pedcraon, Esq. Christopher B. Neils, Esq. District Managek NOTICE OF PUBLIC HEARING DESCRIPTION: To amend previously approved discretionary actions taken by the City of Carlsbad on the Kelly Ranch “Core Area” reducing the number of single family residential lots by eight, reducing the number of apartment units by 43, relocating future day care and recreational vehicle storage areas, establishing modified open space preservation areas, incorporating Kelly Ranch subdivision design elements of the Carlsbad Local Coastal Program, amending the General Plan land use map and incorporating new text into the Carlsbad Zoning Ordinance. LOCATION: This project is within the City of Carlsbad’s Coastal Zone located south of Cannon Road and east of Faraday Avenue in Local Facilities Management Zone 8. ASSESSOR’S PARCEL NUMBER: 208-020-34 APPLICANT: Kelly Land Co. 2011 Palomar Airport Road, Suite 112 Carlsbad, CA 92009 A public hearing on the above-proposed project will be held by the Carlsbad City Council in the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, on June 12,200l at 6:00 pm. Persons are cordially invited to attend the public hearing and provide the decision makers with any oral or written comments they may have regarding the project. The project will be described and a staff recommendation given, followed by public testimony, questions and a decision. Copies of the staff report will be available on or after June 8,200 1. If you have any questions, or would like to be notified of the decision, please contact Christer Westman at the City of Carlsbad Planning Department, Monday through Thursday 7:30 am. to 5:30 pm, Friday 8:00 am. to 5:00 pm. at 1635 Faraday Avenue, Carlsbad, California 92008, (760) 6024614. APPEALS The time within which you may judicially challenge these General Plan Amendment, Zone Code Amendment, Tentative Tract Map Amendment, Hillside Development Permit Amendment, Coastal Development Permit Amendments, and Site Development Permit Amendments, if approved, is established by state law and/or city ordinance, and is very short. If you challenge the General Plan Amendment, Zone Code Amendment, Tentative Tract Map Amendment, Hillside Development Permit Amendment, Coastal Development Permit Amendments, and Site Development Permit Amendments in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad City Clerk’s Office at, or prior to, the public hearing. 1. ADDealS to the Citv Council: Where the decision is appealable to the City Council, appeals must be tiled in writing within ten ( 10) calendar days after a decision by the Planning Commission. 2. Coastal Commission Appealable Project: q This site is located within the Coastal Zone Appealable Area. q This site is not located within the Coastal Zone Appealable Area. Where the decision is appealable to the Coastal Commission, appeals must be tiled with the Coastal Commission within ten (10) working days after the Coastal Commission has received a Notice of Final Action from the City of Carlsbad. Applicants will be notified by the Coastal Commission of the date that their appeal period will conclude. The San Diego office of the Coastal Commission is located at 7575 Metropolitan Drive, Suite 103, San Diego, California 921084402 CASE FILE: GPA 00-09/ZCA 00-06/CT 97- 16(A)/HDP 97- 17(A)/CDP 97-43(A)/SDP 98- O4(A)/CDP 98-66(A)/SDP 98- 18(A)/CDP 98-70(A) CASE NAME: KELLY RANCH PUBLISH: JUNE 2,200l KELLY RANCH GPA OO-09IZCA 00906ICT 97-l 6(A)/ HDP 97-l 7(A)/CDP 97=43(A)/SDP 98=04(A)/ CDP 98=66(A)/SDP 98=18(A)/CDP 98-70(A) Smoat h Feed S heetsTM Use template for 5160@ CARLSBAD UNIF SCHOOL DIST CITY OF ENCINITAS CITY OF SAN MARCOS 801 PINE AVE’ 505 S VULCAN AVE 1 CIViC CENTER DR CARLSBAD CA 92008 ENCINITAS CA 92024 SAN MARCOS CA 92069-2949 CITY OF OCEANSIDE CITY OF VISTA 300 NORTH COAST HWY PO BOX 1988 OCEANSIDE CA 92054 VISTA CA 92085 SANDAG STE 800 401 B STREET SAN DIEGO CA 92101 CALIF DEPT OF FISH & GAME REGIONAL WATER QUALITY SD COUNTY PLANNING 4949 VIEWRIDGE AVE STE B STE B SAN DIEGO CA 92123 9771 CLAIREMONT MESA BLVD 5201 RUFFIN RD SAN DIEGO CA 92124-1331 SAN DIEGO CA 92123 LAFCO 1600 PACIFIC HWY SAN DIEGO CA 92101 AIR POLLUTION CNTRL DIST 9150 CHESAPEAKE DR SAN DIEGO CA 92123 I.P.U.A. SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 U.S. FISH &WILDLIFE CA COASTAL COMMISSION SHARON DOYLE 2730 LOKER AVE WEST STE 103 2372 MERWIN DR CARLSBAD CA 92008 7575 METROPOLITAN DR CARLSBAD CA 92008 SAN DIEGO CA 92108-4402 CITY OF CARLSBAD PUBLIC WORKS/COMMUNITY SERVICES CITY OF CARLSBAD PUBLIC WORKS/ENGINEERING DEPT CITY OF CARLSBAD MUNICIPAL WATER DISTRICT CITY OF CARLSBAD PROJECT PLANNER CHRISTER WESTMAN 922mo1 n A\ AvERV@ Address Labels Laser 5160@ - -. ” , KELLY LAND CO 2011 PALOMAR AIRPORT RD CARLSBAD CA 92009-1432 SHEA HOMES LTD PARTNERS 10721 TREENA ST 200 SAN DIEGO CA 92131-1039 SHEA HOMES PARTNERS SHEA HOMES LT ;,,,*p::::g 92131-1039 CA 92131-1039 92131-1039 SHEA HOMES 92131-1039 92131-1039 PARTNERS EENA ST 200 SHEA HOMES LTD SHEA HOMES 92131-1039 CA 92131-1039 92131-1039 SHEA HOMES PARTNERS CA 92131-1039 NA ST 200 92131-1039 0 CA 92131-1039 SHEA.HOMES D PARTNERS CA 92131-1039 TD PARTNERS SHEA HOMES L 92131-1039 CA 92131-1039 NA ST 200 EGO CA 92131-1039 CA 92131-1039 R W & CHRISTINA TENNANT MATTHEW A KELLER 10721 TRE 5044 CIARDI CT 5048 CIARDI CT CA 92131-1039 CARLSBAD CA 92008 CARLSBAD CA 92008 ROBERT A & ILENE SLAPIN CHIEN-NENG LIN JOSEPH W COSTA 5052 CIARDI CT 5056 CIARDI CT 5060 CIARDI CT CARLSBAD CA 92008 CARLSBAD CA 92008 CARLSBAD CA 92008 SCOTT E SORENSEN SCOTT C & AUDRA HAGEN BRIAN L & STACY RUPERT 5067 CIARDI CT 5068 CIARDI CT 5072 CIARDI CT CARLSBAD CA 92008-3871 CARLSBAD CA 92008 CARLSBAD CA 92008 JOHN S & MARGARET BEERY ANDY & SANDRA RUGGINS ROBERT N MIDDIEN 5076 CIARDI CT 5080 CIARDI CT 2290 HILLYER ST CARLSBAD CA 92008 CARLSBAD CA 92008 CARLSBAD CA 92008-3873 ALAN N & LISA GANSEBOM ALLEN L & ADELE MATHENY JAMIE D & JAMES HOLDER 2286 HILLYER ST 2282 HILLYER ST 5079 CIARDI CT CARLSBAD CA 92008-3873 CARLSBAD CA 92008-3873 CARLSBAD CA 92008 JOHN D & KATHERINE ARMS BENEDICT0 U CUATOK NICOLAS 5075 CIARDI CT 5071 CIARDI CT 5067 CIARDI CT CARLSBAD CA 92008 CARLSBAD CA 92008 CARLSBAD CA 92008 SCOTT A VURBEFF LIONEL J MARTOCCIA DAVID T VEIDT 5063 CIARDI CT 5059 CIARDI CT 5055 CIARDI CT CARLSBAD CA 92008 CARLSBAD CA 92008 CARLSBAD CA 92008 VINCENT J & JANET UNGER JOHN C WALTERS JARON M UPRIGHT 5066 LYNCH CT 5070 LYNCH CT 5074 LYNCH CT CARLSBAD CA 92008 CARLSBAD CA 92008 CARLSBAD CA 92008 ROBERT C SCHUELLER JOHN D & NAOMI STONE STUART A FROMAN 5069 LYNCH CT 5073 LYNCH CT 5077 LYNCH CT CARLSBAD CA 92008 CARLSBAD CA 92008 CARLSBAD CA 92008 MICHAEL E DENHAAN 5081 LYNCH CT CARLSBAD CA 92008 SHEA HOMES TODD A MCKENDRICK RICHARD V HUFF 5085 CIARDI CT 5116 CIARDI CT CA 92131-1039 CARLSBAD CA 92008 CARLSBAD CA 92008 SERGIO M BARRIOS LESTER C & JAIME BACON ROBERT C HOFFMAN 5112 CIARDI CT 5108 CIARDI CT 5104 CIARDI CT CARLSBAD CA 92008 CARLSBAD CA 92008 CARLSBAD CA 92008 CHARLES & JULIE CAPPS GILBERT C GLORIA PRICE GAIL DARRACQ 5100 CIARDI CT 5096 CIARDI CT 2281 HILLYER ST CARLSBAD CA 92008 CARLSBAD CA 92008 CARLSBAD CA 92008-3874 BRIAN M MANDIGO ANDREW J ACCARDI WILLIAM R DASTYCK 2285 HILLYER ST 5095 FROST AVE 5099 FROST AVE CARLSBAD CA 92008-3874 CARLSBAD CA 92008-3838 CARLSBAD CA 92008-3838 STEPHEN V MILLS RAJ K & MAUREEN RAHEJA GREG D SHUFF 5103 FROST AVE 5107 FROST AVE 2341 JEFFERS PL CARLSBAD CA 92008-3867 CARLSBAD CA 92008-3867 CARLSBAD CA 92008-3870 DANIEL L GRANT JAY R & VICKI GROVE MICHAEL J & NITA MEZEY 2345 JEFFERS PL 2344 JEFFERS PL 2340 JEFFERS PL CARLSBAD CA 92008-3870 CARLSBAD CA 92008-3870 CARLSBAD CA 92008-3870 SANTIAGO A SIERRA JOHN A GUERRE SHEA HOMES 2343 MERWIN DR 2347 MERWIN DR CARLSBAD CA 92008-3871 CARLSBAD CA 92008-3871 92131-1039 SHEA HOMES L CARLSBAD CANTERBURY ASS 10721 TREENA ST 200 SAN DIEGO CA 92131-1039 KIRGIS THDC LLC SIGNAL H BLACKMORE 4452 HOCKADAY DR 1530 FARADAY AVE 115 PO BOX 424 DALLAS TX 75229-2909 CARLSBAD CA 92008-7332 RANCH0 SANTA 92067-0424 CRAIG T & CHERYL ISOBE 1545 FARADAY AVE CARLSBAD CA 92008-7319 ~~:7e0424 ~~~~;~~~E~Nk~~l,,, BLACKMORE ERIC M & ALLISON TARTER EUGENE W MITCHELL 12626 HIGH BLUFF DR 440 5241 MILTON RD 5237 MILTON RD SAN DIEGO CA 92130-2074 CARLSBAD CA 92008-3853 CARLSBAD CA 92008-3853 DERIN M & LAUREL BLUHM MARSCHA D GILLES SWECKER 5233 MILTON RD 5229 MILTON RD 5225 MILTON RD CARLSBAD CA 92008-3853 CARLSBAD CA 92008-3853 CARLSBAD CA 92008-3853 STEVEN D & MARIA EMERY JEAN H BLACK RICHARD P BREYER 5221 MILTON RD 5217 MILTON RD 5213 MILTON RD CARLSBAD CA 92008-3853 CARLSBAD CA 92008-3853 CARLSBAD CA 92008-3853 GARY A & LINDA NEFF JEFFREY W KNOWLES JOHN J & LIZA LUM 5209 MILTON RD 5210 MILTON RD 5214 MILTON RD CARLSBAD CA 92008-3853 CARLSBAD CA 92008-3852 CARLSBAD CA 92008-3852 ANTON10 F PIRACCI ROBERT D & YUMI ROSE WILLIAM J RICE 5218 MILTON RD 2214 MASTERS RD 2215 MASTERS RD CARLSBAD CA 92008-3852 CARLSBAD CA 92008-3845 CARLSBAD CA 92008-3849 MICHAEL T OLAUGHLIN MIYOKO YAMAUCHI FRANK R VIZCARRA 2211 MASTERS RD 2209 MASTERS RD 2205 MASTERS RD CARLSBAD CA 9200.8-3849 CARLSBAD CA 92008-3849 CARLSBAD CA 92008-3849 . YANG RICHARD J VASS JOHN L & ANN WOOD 5230 MILTON RD 5234 MILTON RD 5238 MILTON RD CARLSBAD CA 92008-3852 CARLSBAD CA 92008-3852 CARLSBAD CA 92008-3852 ROY E VARTABEDIAN WILLIAM C HORNUNG JEFFREY G GARDNER 5242 MILTON RD 2310 BYRON PL 2314 BYRON PL CARLSBAD CA 92008-3852 CARLSBAD CA 92008-3831 CARLSBAD CA 92008-3831 ROBERT C NOWAKOWSKI TIMOTHY & KELLY HUCKABY ROBERT J WILSON 5158 FROST AVE 5154 FROST AVE 5150 .FROST AVE CARLSBAD CA 92008-3837 CARLSBAD CA 92008-3837 CARLSBAD CA 92008-3837 JOHN W SCHOENING DAVID & LORI RESETCO CURTIS S WOOLLEY 5146 FROST AVE 5142 FROST AVE 5138 FROST AVE CARLSBAD CA 92008-3837 CARLSBAD CA 92008-3837 CARLSBAD CA 92008-3837 RICHARD &c LOU ROSENFELD KENNETH B & CINDY KENG ERIC & DIANA HANDOJ 5134 FROST AVE 5132 FROST AVE 5128 FROST AVE CARLSBAD CA 92008-3837 CARLSBAD CA 92008-3837 CARLSBAD CA 92008-3837 PAUL A CERVONE MICHAEL A ROTH DAVE S & KATHLEEN THOMA 5124 FROST AVE 5120 FROST AVE 5118 FROST AVE CARLSBAD CA 92008-3837 CARLSBAD CA 92008-3837 CARLSBAD CA 92008-3837 RONALD P IRICK JEROME EVANS POINT HOMEOWNERS 5114 FROST AVE 5110 FROST AVE 10721 TREENA ST 200 CARLSBAD CA 92008-3837 CARLSBAD CA 92008-3837 SAN DIEGO CA 92131-1039 *** 172 Printed *** City of Carlsbad NOTICE OF PUBLIC HEARING DESCRIPTION: To amend previously approved discretionary actions taken by the City of Carlsbad on the Kelly Ranch ‘Core Area” reducing the number of single family residential lots by eight, reducing the number of apartment units by 43, relocating future day care and recreational vehicle storage areas, establishing modified open space preservation areas, incorporating Kelly Ranch subdivision design elements of the Carlsbad Local Coastal Program, amending the General Plan land use map and incorporating new text into the Carlsbad Zoning Ordinance. LOCATION: This project is within the City of Carlsbad’s Coastal Zone located south of Cannon Road and east of Faraday Avenue in Local Facilities Management Zone 8. ASSESSOR’S PARCEL NUMBER: 208-020-34 APPLICANT: Kelly Land Company 2011 Palomar Airport Road, Ste. 112 Carlsbad, CA 92009 A public hearing on the above proposed project will be held by the Planning Commission in the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, on May 2, 2001 at 6:00 p.m. Persons are cordially invited to attend the public hearing and provide the decision makers with any oral or written comments they may have regarding the project. The project will be described and a staff recommendation given, followed by public testimony, questions and a decision. Copies of the staff report will be available on or after April 26, 2001. If you have any questions, or would like to be notified of the decision, please contact Christer Westman at the City of Carlsbad Planning Department, Monday through Thursday 7:30 a.m. to 530 p.m., Friday 8:00 a.m. to 500 p.m. at 1635 Faraday Avenue, Carlsbad, California 92008, (760) 602-4614. . . . . . . . . . . . . . . . 1635 Faraday Avenue l Carlsbad, CA 92008-7314 l (760) 6024600 l FAX (760) 602-8559 l wwwci.carlsbad.ca.us APPEALS The time within which you may judicially challenge these General Plan Amendment, Zone Code Amendment, Tentative Tract Map Amendment, Hillside Development Permit Amendment, Coastal Development Permit Amendments, and Site Development Permit Amendments, if approved, is established by state law and/or city ordinance, and is very short. If you challenge the General Plan Amendment, Zone Code Amendment, Tentative Tract Map Amendment, Hillside Development Permit Amendment, Coastal Development Permit Amendments, and Site Development Permit Amendments in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad prior to the public hearing. 1. Appeals to the Citv Council: Where the decision is appealable to the City Council, appeals must be filed in writing within ten (10) calendar days after a decision by the Planning Commission. 2. Coastal Commission Appealable Project: lxl This site is located within the Coastal Zone Appealable Area. cl This site is not located within the Coastal Zone Appealable Area. Where the decision is appealable to the Coastal Commission, appeals must be filed with the Coastal Commission within ten (10) working days after the Coastal Commission has received a Notice of Final Action from the City of Carlsbad. Applicants will be notified by the Coastal Commission of the date that their appeal period will conclude. The San Diego office of the Coastal Commission is located at 7575 Metropolitan Drive, Suite 103, San Diego, California 921084402. CASE FILE: GPA OO-09/ZCA OO-06/CT 97-l G(A)/HDP 97-l 7(A)/CDP 97-43(A)/SDP 98- 04(A)/CDP 98-66(A)/SDP 98-l 8(A)/CDP 98-70(A) CASE NAME: KELLY RANCH PUBLISH: APRIL 19,200l *G+-. #+--l .L \. @ /- - ?P GC G??-- ,- I--- .’ PALOMAR /--’ KELLY RANCH GPA 00=09/ZCA OO-06/CT 97-l 6(A)/ HDP 97-l 7(A)/CDP 97=43(A)/SDP 98-04(A)/ CDP 98066(A)/SDP 98-l 8(A)/CDP 98=70(A) KELLY LAND co SHEA HOMES LTD PARTNERS FHEA HOMES LTD PARTNERS 2011 PALOMAR AIRPORT RD lo721 TREENA ST 200 0721 TREENA ST 300 CuaSBAD CA 92009-1432 SAN DIEGO CA 92131-1039 L S \ DIEGO CA 92131-1039 i * HEA HOMES LTD PARTNERS EA HOMES LTD PARTNERS SHEA HOMES LTD PARTNERS TREENA ST 2oo TREENA ST 200 1072\1 TREENA ST 2oo 92131-1039 s DIEGO CA 92131-1039 f3A.N qIEG0 CA 92131-1039 \ \ \ \ \ SHEA\HOMES LTD PARTNERS ES LTD PARTNERS TREENA ST 2oo TREENA ST 200 CA 92131-1039 ES LTD PARTNERS LTD PARTNERS SHEA HOME LTD PARTNERS EENA ST 200 10721 TRE CA 92131-1039 SIAN DIEGO 92131-1039 \ LTD PARTNERS SHEA HOMES TD PARTNERS SAN DIEGO C 92131-1039 SHEA HOMES L 10721 TREENA SAN DIEGO CA 92131-1039 10721 TREENA ST 20 LTD PARTNERS 10721 TREfNA ST 200 SHEA HOMES TD PARTNERS SAN DIEGO CA SHEA HOMES LTD P TNERS 10721 TREENA ST 200 SHEA HOMES LTD PARTNE 10721 TREENA ST 200 SHEA HOMES TD PARTNERS 10721 TREEN SAN DIEGO CA 92131-1039 SHEA HOMES 10721 TREENA SAN DIEGO CA 92131-1039 SHEA HOMES 10721 TREENA SAN DIEGO CA 92131-1039 SHEA HOMES LT PARTNERS 10721 TREENA S 200 SAN DIEGO CA i 2131-1039 SHEA HOMES LTD P 10721 TREENA ST 2 - ‘i s EA HOMES LTD PARTNERS 1 721 TREENA ST 200 S E DIEGO CA 92131-1039 '\ \ \ HOMES LTD PARTNERS TREENA ST 200 IEGO CA 92131-1039 SHEA HOMES LTD PARTNERS 10721 TREENA ST 200 SAN DIEGO CA 92131-1039 SHEA HOMES LTD PARTNERS 10721 TREENA ST 200 SAN DIEGO CA 92131-1039 SHEA HOMES LTD PARTNERS 10721 TREENA ST 200 SAN DIEGO CA 92131-1039 ? \ SHEA HOMES LTD PARTNERS 10721 TREENA ST 2'00 SAN DIEGO CA 921jl-1039 \ SHEA HOMES LTD 10721 TREENA ST 200 SAN DIEGO CA ROBERT A Ei ILENE SLAPIN 5052 CIARDI CT CARLSBAD CA 92008 ‘SHEA HOMES LTD PARTNERS lO721 TREENA ST 200 SAN DIEGO CA 92131-1039 SHEA H0MES LTD PARTNERS 10721 TREENA ST 200 SAN DIEGO, CA 92131-1039 ‘1. \ SHEA HOMES LTD PARTNERS 10721 TREENA'$T 200 SAN DIEGO CA 9,f131-1039 / SHEA HOMES LTD PAR NERS 10721 TREENA ST 20&, SAN DIEGO CA 92131-y 039 t SHEA HOMES LTD PARTNERS 10721 TREENA ST 200 SANDIEGO CA 92131-1039 ‘\ \\ '. SHEA HOMi&,LTD PARTNERS R W & CHRISTINA TENNANT 5044 CIARDI CT CARLSBAD CA 92008 CHIEN-NENG LIN 5056 CIARDI CT CARLSBAD CA 92008 SCOTT E SORENSEN SCOTT C & AUDRA HAGEN 5067 CIARDI CT 5068 CIARDI CT CARLSBAD CA 92008-3871 CARLSBAD CA 92008 JOHN S & MARGARET BEERY ANDY & SANDRA RUGGINS 5076 CIARDI CT 5080 CIARDI CT CARLSBAD CA 92008 CARLSBAD CA 92008 :SHEA HOMES LTD PARTNERS '10721 TREENA ST 200 SAN DIEGO CA 92131-1039 SHEA HOMES LTD PARTNERS 10721 TREENA ST 200 SAN DIEGO CA 92131-1039 SHEA HOMES LTD PARTNERS 10721 TREENA ST 200 SAN DIEGO CA 92131-1039 SHEA HOMBS LTD PARTNERS 10721 TREENA ST 200 SAN DIEGO CA 92131-1039 SHEA HOMES LTD PARTNERS 10721 TREENA ST 200 SAN DIEGO CA 92131-1039 SHEA HOMES LTD BARTNERS 10721 TREENA ST 200 SAN DIEGO CA 92131-1039 MATTHEW A KELLER 5048 CIARDI CT CARLSBAD CA 92008 JOSEPH W COSTA 5060 CIARDI CT CARLSBAD CA 92008 BRIAN L & STACY RUPERT 5072 CIARDI CT CARLSBAD CA 92008 ROBERT N MIDDIEN 2290 HILLYER ST CARLSBAD CA 92008-3873 ALAN N & LISA GANSEBOM 2286 HILLYER ST CARLSBAD CA 92008-3873 JOHN D & KATHERINE ARMS BENEDICT0 U CUATOK NICOLAS 5075 CIARDI CT 5071 CIARDI CT 5067 CIARDI CT CARLSBAD CA 92008 CARLSBAD CA 92008 CARLSBAD CA 92008 SCOTT A WRBEFF LIONEL J MARTOCCIA DAVID T VEIDT 5063 CIARDI CT 5059 CIARDI CT 5055 CIARDI CT CARLSBAD CA 92008 CARLSBAD CA 92008 CARLSBAD CA 92008 VINCENT J & JANET UNGER JOHN C WALTERS JARON M WRIGHT 5066 LYNCH CT 5070 LYNCH CT 5074 LYNCH CT CARLSBAD CA 92008 CARLSBAD CA 92008 CARLSBAD CA 92008 ROBERT C SCHUELLER JOHN D & NAOMI STONE STUART A FROMAN 5069 LYNCH CT 5073 LYNCH CT 5077 LYNCH CT CARLSBAD CA 92008 CARLSBAD CA 92008 CARLSBAD CA 92008 MICHAEL E DENHAAN 5081 LYNCH CT CARLSBAD CA 92008 HEA HOMES LTD PARTNERS TREENA ST 200 DIEGO CA 92131-1039 ES LTD PARTNERS SAN DIEGO CA 9 ES LTD PARTNERS ENA ST 200 CA 92131-1039 SHEA HOMES 10721 TREENA SAN DIEGO 2131-1039 SAN DIEGO CA SHEA HOMES L 10721 TREENA SAN DIEGO CA RICHARD V HUFF 5116 CIARDI CT CARLSBAD CA 92008 SERGIO M BARRIOS LESTER C & JAIME BACON ROBERT C HOFFMAN 5112 CIARDI CT 5108 CIARDI CT 5104 CIARDI CT CARLSBAD CA 92008 CARLSBAD CA 92008 CARLSBAD CA 92008 CHARLES & JULIE CAPPS GILBERT & GLORIA PRICE GAIL DARRACQ 5100 CIARDI CT 5096 CIARDI CT 2281 HILLYER ST CARLSBAD CA 92008 CARLSBAD CA 92008 CARLSBAD CA 92008-3874 BRIAN M MANDIGO ANDREW J ACCARDI WILLIAM R DASTYCK 2285 HILLYER ST 5095 FROST AVE 5099 FROST AVE CARLSBAD CA 92008-3874 CARLSBAD CA 92008-3838 CARLSBAD CA 92008-3838 STEPHEN V MILLS RAJ K & MAUREEN RAHEJA GREG D SHUFF 5103 FROST AVE 5107 FROST AVE 2341 JEFFERS PL CARLSBAD CA 92008-3867 CARLSBAD CA 92008-3867 CARLSBAD CA 92008-3870 DANIEL L GRANT JAY R & VICKI GROVE MICHAEL J & NITA MEZEY 2345 JEFFERS PL 2344 JEFFERS PL 2340 JEFFERS PL CARLSBAD CA 92008-3870 CARLSBAD CA 92008-3870 CARLSBAD CA 92008-3870 SANTIAGO A SIERRA JOHN A GUERRE 'SHEA HOMES LTD PARTNERS 2343 MERWIN DR 2347 MERWIN DR 10721 TREENA ST 200 CARLSBAD CA 92008-3871 CARLSBAD CA 92008-3871 SAN DIEGO CA 92131-1039 ‘: ‘\; SHEA HOMES LTD PARTNERS SHEA BOMES LTD PARTNERS TREENA ST 200 10721TREENA ST 200 DIEGO CA 92131-1039 92131-1039 \ SAN DIE'GY CA 92131-1039 '1 \ SHEA HOI& LTD PARTNERS \ SHEA HOMES LTD PARTNERS 10721 TREEN+ ST 200 SAN DIEGO CA\92131-1039 92131-1039 SAN DIEGO CA 10721 TREENA ST 200 SHEA HOMES LTD SHEA HOMES LTD SHEA HOMES LTD PARTNE 5 10721 TREENA ST. 10721 TREENA 10721 TREENA ST 20 SAN DIEGO CA 92131-1039 SAN DIEGO CA P/B SAN DIEGO CA 92=1-1039 ,l’ / /-’ ,’ / ,- SHE&H&ES LTD PARTNERS SHEA HOMES LTD PARTNERS SHEA ES LTD PARTNERS 10721 TREENA ST 200 ST 200 N 107/a TREENA ST 200 /SAN DIEGO CA 92131-1039 DIEGO CA 92131-1039 S@ DIEGO CA 92131-1039 . . KIRGIS THDC LLC SIGNAL H BLACKMORE I 4452 HOCKADAY DR 1530 FARADAY AVE 115 PO BOX 424 DALLAS TX 75229-2909 CARLSBAD CA 92008-7332 RANCtiO SANTA 92067-0424 . CRAIG T & CHERYL ISOBE SIGNAL H BLACKMORE CRC PROJECT ONE LP 1545 FARADAY AVE PO BOX 424 475 W BRADLEY AVE CARLSBAD CA 92008-7319 RANCH0 SANTA 92067-0424 EL CAJON CA 92020-1209 BLACKMORE ERIC M & ALLISON TARTER EUGENE W MITCHELL 12626 HIGH BLUFF DR 440 5241 MILTON RD 5237 MILTON RD SAN DIEGO CA 92130-2074 CARLSBAD CA 92008-3853 CARLSBAD CA 92008-3853 DERIN M & LAUREL BLUHM 5233 MILTON RD CARLSBAD CA 92008-3853 STEVEN D & MARIA EMERY 5221 MILTON RD CARLSBAD CA 92008-3853 GARY A & LINDA NEFF 5209 MILTON RD CARLSBAD CA 92008-3853 ANTON10 F PIRACCI 5218 MILTON RD CARLSBAD CA 92008-3852 MARSCHA D GILLES SWECKER 5229 MILTON RD 5225 MILTON RD CARLSBAD CA 92008-3853 CARLSBAD CA 92008-3853 JEANH BLACK RICHARD P BREYER 5217 MILTON RD 5213 MILTON RD CARLSBAD CA 92008-3853 CARLSBAD CA 92008-3853 JEFFREY W KNOWLES JOHN J & LIZA LUM 5210 MILTON RD 5214 MILTON RD CARLSBAD CA 92008-3852 CARLSBAD CA 92008-3852 ROBERT D & YUMI ROSE WILLIAM J RICE 2214 MASTERS RD 2215 MASTERS RD CARLSBAD CA 92008-3845 CARLSBAD CA 92008-3849 MICHAEL T OLAUGHLIN MIYOKO YAMAUCHI FRANK R VIZCARRA 2211 MASTERS RD 2209 MASTERS RD 2205 MASTERS RD CARLSBAD CA 92008-3849 CARLSBAD CA 92008-3849 CARLSBAD CA 92008-3849 YANG 5230 MILTON RD CARLSBAD CA 92008-3852 ROY E VARTABEDIAN 5242 MILTON RD CARLSBAD CA 92008-3852 ROBERT C NOWAKOWSKI 5158 FROST AVE CARLSBAD CA 92008-3837 JOHN W SCHOENING 5146 FROST AVE CARLSBAD CA 92008-3837 RICHARD J VASS JOHN L & ANN WOOD 5234 MILTON RD 5238 MILTON RD CARLSBAD CA 92008-3852 CARLSBAD CA 92008-3852 WILLIAM C HORNUNG JEFFREY G GARDNER 2310 BYRON PL 2314 BYRON PL CARLSBAD CA 92008-3831 CARLSBAD CA 92008-3831 TIMOTHY & KELLY HUCKABY ROBERT J WILSON 5154 FROST AVE 5150 FROST AVE CARLSBAD CA 920.08-3837 CARLSBAD CA 92008-3837 DAVID & LORI RESETCO CURTIS S WOOLLEY 5142 FROST AVE 5138 FROST AVE CARLSBAD CA 92008-3837 CARLSBAD CA 92008-3837 RICHARD & LOU ROSENFELD KENNETH B & CINDY KENG ERIC & DIANA HANDOJ 5134 FROST AVE 5132 FROST AVE 5128 FROST AVE CARLSBAD CA 92008-3837 CARLSBAD CA 92008-3837 CARLSBAD CA 92008-3837 PAUL A CERVONE MICHAEL A ROTH DAVE S & KATHLEEN THOMA 5124 FROST AVE 5120 FROST AVE 5118 FROST AVE CARLSBAD CA 92008-3837 CARLSBAD CA 92008-3837 CARLSBAD CA 92008-3837 RONALD P IRICK JEROME EVANS POINT HOMEOWNERS 5114 FROST AVE 5110 FROST AVE 10721 TREENA ST 200 CARLSBAD CA 92008-3837 CARLSBAD CA 92008-3837 SAN DIEGO CA 92131-1039 EVANS POINT HQMEOWN& 10721.-TREE& ST 200 -SAN-DIEGO CA 92131-1039 *** 172 Printed *** c KBLLY LAND co SHEA HOMES LTD PARTNERS SHEA HOMES LTD PARTNERS 2011 PALOMAR AIRPORT RD 10721 TREENA ST 200 10721 TREENA ST 200 CARLSBAD CA 92009-1432 SAN DIEGO CA 92131-1039 SAN DIEGO CA 92131-1039 SHEA HOMES LTD PARTNERS SHEA HOMES LTD PARTNERS SHEA HOMES LTD PARTNERS 10721 TREENA ST 200 10721 TREENA ST 200 10721 TREENA ST 200 SAN DIEGO CA 92131-1039 SAN DIEGO CA 92131-1039 SAN DIEGO CA 92131-1039 SHEA HOMES LTD PARTNERS SHEA HOMES LTD PARTNERS SHEA HOMES LTD PARTNERS 10721 TREENA ST 200 10721 TREENA ST 200 10721 TREENA ST 200 SAN DIEGO CA 92131-1039 SAN DIEGO CA 92131-1039 SAN DIEGO CA 92131-1039 SHEA HOMES LTD PARTNERS SHEA HOMES LTD PARTNERS SHEA HOMES LTD PARTNERS 10721 TREENA ST 200 10721 TREENA ST 200 10721 TREENA ST 200 SAN DIEGO CA 92131-1039 SAN DIEGO CA 92131-1039 SAN DIEGO CA 92131-1039 SHEA HOMES LTD PARTNERS SHEA HOMES LTD PARTNERS SHEA HOMES LTD PARTNERS 10721 TREENA ST 200 10721 TREENA ST 200 10721 TREENA ST 200 SAN DIEGO CA 92131-1039 SAN DIEGO CA 92131-1039 SAN DIEGO CA 92131-1039 SHEA HOMES LTD PARTNERS SHEA HOMES LTD PARTNERS SHEA HOMES LTD PARTNERS 10721 TREENA ST 200 10721 TREENA ST 200 10721 TREENA ST 200 SAN DIEGO CA 92131-1039 SAN DIEGO CA 92131-1039 SAN DIEGO CA 92131-1039 SHEA HOMES LTD PARTNERS SHEA HOMES LTD PARTNERS SHEA HOMES LTD,,PARTNERS 10721 TREENA ST 200 10721 TREENA ST 2':oO 10721 TREENA ST..,200 SAN DIEGO CA 92131-1039 SAN DIEGO CA 921!1-1039 SAN DIEGO CA 9 131-1039 \ 1 ! i : \\ \ SHEA HOMES LTD PARTNE Y S SHEA HOMES LTD PARTNERS 6 SHEA HOMES LTD PAR NERS 10721 TREENA ST 200 A 10721 TREENA ST 200 10721 TREENA ST 20 SAN DIEGO CA 92131-10 9 SAN DIEGO CA 9 SAN DIEGO CA 92131~:1039 ‘1 R W & CHRISTINA TENNANT MATTHEW A KELLER DAVID T VEIDT 5044 CIARDI CT 5048 CIARDI CT 5055 CIARDI CT CARLSBAD CA 92008 CARLSBAD CA 92008 CARLSBAD CA 92008 VINCENT J & JANET UNGER JOHN C WALTERS ROBERT C SCHUELLER 5066 LYNCH CT 5070 LYNCH CT 5069 LYNCH CT CARLSBAD CA 92008 CARLSBAD CA 92008 CARLSBAD CA 92008 JOHN D & NAOMI STONE 5073 LYNCH CT CARLSBAD CA 92008 SHEA HOMES LTD PARTNERS 10721 TREENA ST 200 SAN DIEGO CA 92131-1039 SHEA HOMES LTD PARTNERS 10721 TREENA ST 200 SAN DIEGO CA 92131-1039 SHEA HOMES LTD PARTNERS 10721 TREENA ST 200 SAN DIEGO CA 131-1039 T KIRGIS 4452 HOCKADAY DR DALLAS TX 75229-2909 RICHARD P BREYER 5213 MILTON RD CARLSBAD CA 92008-3853 *** 48 Printed *** STUART A FROMAN 5077 LYNCH CT CARLSBAD CA 92008 SHEA HOMES LTD PARTNERS 10721 TREENA ST 200 SAN DIEGO CA 92131-1039 SHEA HOMES“, TD PARTNERS 10721 SAN DIEGO CA RICHARD V-HUFF 5116 CIARDI CT CARLSBAD CA 92008 THDC LLC 1530 FARADAY AVE 115 CARLSBAD CA 92008-7332 GARY A & LINDA NEFF 5209 MILTON RD CARLSBAD CA 92008-3853 MICHAEL E DENHAAN 5081 LYNCH CT CARLSBAD CA 92008 SHEA HOMES LTD PARTNERS 10721 TREENA ST 200 SAN DIEGO CA 92131-1039 SHEA HOMES LTD PARTNERS 10721 TREENA ST 200 SAN DIEGO CA\., 92131-1039 \ SHEA HOMES LTD 10721 TREENA ST 20 SAN DIEGO CA 92131- 039 \ CRC PROJECT ONE LP 475 W BRADLEY AVE EL CAJON CA 92020-1209 EVANS POINT HOMEOWNERS 10721 TREENA ST 200 SAN DIEGO CA 92131-1039 . OCCUPANT 5175 EL CAMINO REAL CARLSBAD CA 92008-3791 OCCUPANT 5116 CIARDI CT CARLSBAD CA 92008 OCCUPANT 5213 MILTON RD CARLSBAD CA 92008-3853 OCCUPANT OCCUPANT 5044 CIARDI CT 5048 CIARDI CT CARLSBAD CA 92008 CARLSBAD CA 92008 OCCUPANT OCCUPANT 1530 FARADAY AVE 115 1600 FARADAY AVE CARLSBAD CA 92008-7332 CARLSBAD CA 92008-7313 OCCUPANT 5209 MILTON RD CARLSBAD CA 92008-3853 *** 8 Printed *** A notice has been mailed to ail property owners/occupants