HomeMy WebLinkAboutCDP 97-43A; Kelly Ranch; Coastal Development Permit (CDP) (5)1 -
* STAE OF CALIFORNIA--THE RESOURCES AGENCY GRAY DAVIS. Chwnu~
CALIFORNIA COASTAL COMMISSION
SAN DIEGO AREA
SAN DIEGO, CA 92108-4402
.' 3575 METROPOLITAN DRIVE. SUITE 103
3 (619) 767-2370
A-6-CII-99-84
Filed: 6/10/99
49" Day: Waived
Tue lla -1lb
A-6-CII-0 1 - 12 1
Filed: 8/1/01
49th Day: 9/19/01
Staff: BP-SD
Staff Report: 8/28/0 1
Hearing Date: 9/11-14/01
STAFF REPORT AND RECOMMENDATION ON APPEAL,
LOCAL GOVERNMENT: City of Carlsbad
DECISION: Approval with Conditions
APPEAL NOS.: A-6-CII-99-84/A-6-CII-O 1- 12 1
APPLICANT: Kelly Land Company
PROJECT DESCRIPTION:
1.
2.
A-6-(211-99-84: Three coastal development permits authorizing division of
174 acres into 179 lots, construction of 147 single family homes and 451
apartments, establishment of open space system, and construction of
infrastructure improvements, day care facilities and recreational vehicle
storage area.
A-6-CII-01-121: Amendments to the three coastal development permits
subject to appeal number A-6-CII-01-121 to reduce the number of singe-
family lots by 7, the number of apartment units by 43, relocate future day care
and recreational vehicle storage areas and establish modified open space
preservation areas on 174 acres.
PROJECT LOCATION: East of Agua Hedionda Lagoon and north of Macario Canyon,
Carlsbad (San Diego County).
APPELLANTS: A-6-CII-99-84/Commissioners Kehoe and Wan
-2
A-6-CII-O1-12l/Commissioners McCoy and Wan
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STAFF NOTES:
A-6-Li-99-84/A-6-CII-O 1 - 12 1
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On June 10, 1999 Commissioners Kehoe and Wan filed an appeal of the City’s approval
of three coastal development permits pertaining to subdivision and residential
development of the 174 acre ”Core Area” of the Kelly Ranch property (A-6-CII-99-84)
citing that the project was inconsistent with the certified LCP as it was approved based on
policies and ordinances that had not yet been approved by the Commission through an
amendment to the certified LCP. The applicant waived its right to a hearing within 49
days of the appeal.
Subsequently, the Commission certified, with suggested modifications, the City of
Carlsbad Local Coastal Program Amendment No. 2-99D pertaining to the Kelly Ranch.
The City Council accepted all the Commission’s suggested modifications and approved
amendments to the three coastal development permits relating to subdivision and
development of the Kelly Ranch “Core Area” to bring the development into compliance
with the Commission’s suggested modifications to LCPA #2-99D.
On August 1,2001 the City’s action approving the amended project was appealed (A-6-
CII-01-121) by Commissioners McCoy and Wan. Both appeals (A-6-CII-99-84, A-6-
CII-01-121) are the subject of this report and will be heard together at the Commission’s
September, 200 1 hearing. However, because the amended project supercedes and
replaces the project as originally approved by the City, only the issues raised by the
amended project are addressed below in this report. The standard of review is
consistency with the certified City of Carlsbad Local Coastal Program (Mello I1 segment)
and the public access policies of the Coastal Act.
In addition to the subject appeals, a related application, CDP #6-84-617-A, is before the
Commission at its September 2001 meeting. In CDP #6-84-617 the Commission
approved the master subdivision and related improvements of the 433-acre Kelly Ranch,
which includes lands in both the Agua Hedionda and Mello I1 LCP segments. Some
development occurred in the Mello I1 LCP segment, now known as the “Core Area” but
the project was subsequently abandoned. In 1997, the Carlsbad LCP was effectively
certified by the Commission and the City began issuing coastal development permits in
all LCP segments except the Agua Hedionda segment which remained uncertified (Agua
Hedionda has only a certified Land Use Plan). In 1998 the subject developer acquired the
site and in 1999, the City issued a coastal development permit for the Mello IT portion of
the Kelly Ranch holdings. The subject appeals address that portion of the Kelly Ranch
development that is within the Mello I1 segment. However, because the Commission’s
original approval in CDP #6-84-617-A addressed all of Kelly Ranch, the Commission has
the opportunity to review the entirety of the Kelly Ranch again in its review of CDP #6-
84-6 17-A.
SUMMARY OF STAFF RECOMMENDATION:
c
The staff recommends that the Commission, after public hearing, determine that no .,:
substantial issue exists with respect to the grounds on which the appeals have been filed.
.. A-6-Cll-99-84/A-6-CII-O 1 - 121
Page 3
Upon further review and consultation with the City regarding coastal development permit
procedures and review of the amendment to CDP #6-84-617-A, staff has determined that
all the issues identified in the appeal (i.e., vista point and trail dedications, open space
restoration, permitted uses within open space) have been addressed and thus recommends
the Commission find that the appeals raise no substantial issue.
SUBSTANTIVE FILE DOCUMENTS: Certified City of Carlsbad Local Coastal
Program (LCP)/Mello I1 Segment. Planning Area E Single Family Subdivision
CDP 96-13 (4/8/98), Planning Area F Nature Center CDP 98-59 (10/7/98), Core
Area Master Subdivision CDP 97-43(A) (6/12/01), Planning Areas I and J Single
Family Subdivision CDP 98-66(A) (6/12/01) and Planning Areas D, G and H
Apartment Project CDP 98-70(A) (6-12-01); Cannon Road CDP 6-97-1 1 (2/4/98)
I. Appellants Contend That:
The proposed development is inconsistent with the policies of the certified LCP which
pertain to public views, environmentally sensitive habitat and public access.
11. Local Government Action.
1. A-6-CII-99-84: The City of Carlsbad Planning Commission approved the proposed
development on May 18,1999. The conditions of approval address impacts and
mitigation to many sensitive plants and animals including coastal sage scrub, southern
maritime chaparral, wetlands and riparian habitat, drainage impacts to Agua
Hedionda Lagoon and consistency with the City’s draft Habitat Management Plan.
2. A-6-CII-01-121: The City of Carlsbad Planning Commission approved the
proposed amendments on June 12,2001. The conditions of approval addressed
various issues including water quality, landscaping, fire suppression, and consistency
with the City’s Local Coastal Program.
111. Appeal Procedures/Substantial Issue Analysis.
After certification of a Local Coastal Program (LCP), the Coastal Act provides for
limited appeals to the Coastal Commission of certain local government actions on coastal
development permits. Projects within cities and counties may be appealed if they are
located within appealable areas as defined by Section 30603(a) of the Coastal Act.
Section 30604(b)( 1) of the Coastal Act states:
c
The grounds for an appeal pursuant to subdivision (a) shall be Limited to an
allegation that the development does not conform to the standards set forth in the
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A-6-L-99-84/A-6-CII-01- 12 1
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certified local coastal program or the public access policies set forth in this
division.
Coastal Act Section 30625(b) states that the Commission shall hear an appeal unless it
determines:
With respect to appeals to the commission after certification of a local coastal
program, that no substantial issue exists with respect to the grounds on which an
appeal has been filed pursuant to Section 30603.
If the staff recommends "substantial issue" and no Commissioner objects, the
Commission will proceed directly to a de novo hearing on the merits of the project. If the
staff recommends "no substantial issue" or the Commission decides to hear arguments
and vote on the substantial issue question, proponents and opponents will have 3 minutes
per side to address whether the appeal raises a substantial issue. It takes a majority of
Commissioners present to find that no substantial issue is raised. If substantial issue is
found, the Commission will proceed to a full public hearing on the merits of the project.
If the Commission conducts a de novo hearing on the permit application, the applicable
test for the Commission to consider is whether the proposed development is in
conformity with the certified Local Coastal Program.
In addition, for projects located between the sea and the first public road paralleling the
sea, Section 30604(c) of the Act requires that a finding must be made by the approving
agency, whether the local government or the Coastal Commission on appeal, that the
development is in conformity with the public access and public recreation policies of
Chapter 3. In other words, in regard to public access questions, the Commission is
required to consider not only the certified LCP, but also Chapter 3 policies when
reviewing a project on appeal.
The only persons qualified to testify before the Commission at the "substantial issue"
stage of the appeal process are the applicant, persons who opposed the application before
the local government (or their representatives), and the local government. Testimony
from other persons must be submitted in writing. At the time of the de novo hearing, any
person may testify.
The term "substantial issue" is not defined in the Coastal Act or its implementing
regulations. The Commission's regulations indicate simply that the Commission will
hear an appeal unless it "finds that the appeal raises no significant question" (Cal. Code
Regs. titl. 14 section 13155(b). In previous decisions on appeals, the Commission has
been guided by the following factors:
1. The degree of factual and legal support for the local government's decision that
the development is consistent or inconsistent,with the certified LCP;
2. The extent and scope of the development as approved or denied by the local
government;
-- . .
A-6-Cu-99-84/A-6-CII-O1- 121
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3. The significance of the coastal resources affected by the decision;
4. The precedential value of the local government’s decision for future
interpretations of its LCP; and
5. Whether the appeal raises only local issues, or those of regional or statewide
significance.
Even when the Commission chooses not to hear an appeal, appellants nevertheless may
obtain judicial review of the local government’s coastal permit decision by filing petition
for a writ of mandate pursuant to the Code of Civil Procedure, section 1094.5.
In this case, for the reasons discussed further below, the Commission exercises its
discretion and determines that the development approved by the City does not raise a
substantial issue with regard to the appellants’ contentions regarding coastal resources.
IV. Staff Recommendation On Substantial Issue.
The staff recommends the Commission adopt the following resolutions:
A. MOTION I: I move that the Commission determine that Appeal No.
A-6-CII-99-84 raise NO substantial issue with respect to
the grounds on which the appeal has been filed under §
30603 of the Coastal Act.
STAFF RECOMMENDATION OF NO SUBSTANTIAL ISSUE:
Staff recommends a YES vote. Passage of this motion will result in a finding of
Substantial Issue and adoption of the following resolution and findings. If the
Commission finds No Substantial Issue, the Commission will not hear the application de
novo and the local action will become final and effective. The motion passes only by an
affirmative vote by a majority of the Commissioners present.
RESOLUTION TO FIND NO SUBSTANTIAL ISSUE:
The Commission finds that Appeal No. A-6-CII-99-84 does not present a substantial
issue with respect to the grounds on which the appeal has been filed under 9 30603 of the
Coastal Act regarding consistency with the Certified Local Coastal Plan andor the public
access and recreation policies of the Coastal Act.
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A-6-L-A-99-84/A-6-CII-Ol-l 21
Page 6
B. MOTION 11: I move that the Commission determine that Appeal No.
A-6-CII-01-121 raise NO substantial issue with respect
to the grounds on which the appeal has been filed under
$30603 of the Coastal Act.
STAFF RECOMMENDATION OF NO SUBSTANTIAL ISSUE:
Staff recommends a YES vote. Passage of this motion will result in a finding of &I
Substantial Issue and adoption of the following resolution and findings. If the
Commission finds No Substantial Issue, the Commission will not hear the application de
novo and the local action will become final and effective. The motion passes only by an
affirmative vote by a majority of the Commissioners present.
RESOLUTION TO FIND NO SUBSTANTIAL ISSUE:
The Commission finds that Appeal No. A-6-CII-01-121 does not present a substantial
issue with respect to the grounds on which the appeal has been filed under 8 30603 of the
Coastal Act regarding consistency with the Certified Local Coastal Plan and/or the public
access and recreation policies of the Coastal Act.
V. Findings and Declarations.
The Commission finds and declares the following:
1. Proiect Descriptioflistory. Kelly Ranch is a 433-acre site in Carlsbad at the east
end of Agua Hedionda Lagoon. The site contains a wide variety of topography and
habitat including wetlands, pastureland, field crops, farmland, and gentle and steep
naturally vegetated slopes containing sensitive upland habitat. The property lies within
the plan area of two of the six existing Carlsbad LCP segments: Agua Hedionda and
Mello I1 segments
On June 10, 1999 Commissioners Kehoe and Wan appealed the City’s approval of three
coastal development permits (CDP Nos. 97-343,98-66 and 98-70) pertaining to the
”Core Area” of the Kelly Ranch property (A-6-CII-99-84). The permits approved by the
City authorized the subdivision of 174 acres into 179 lots (with 7 planning areas and a
remainder parcel), the construction of 147 single-family homes and 45 1 apartments,
establishment of an open space system, infrastructure improvements, a day care facility
and a recreation vehicle storage area. The grounds for this appeal were that the project,
as approved by the City, was inconsistent with the certified LCP as it was approved based
on policies and ordinances that had not yet been approved by the Commission through a
LCP amendment. The applicant waived its right to a hearing within 49 days of the
appeal.
At its July 1 1, 2000 meeting, the California Coastal Commission certified, with suggested
modifications, the City of Carlsbad Local Coastal Program Amendment No. 2-99D. The
amendment revises the City’s certified land use and implementation plans by rescinding
A-6-C~-99-84/A-6-CII-01- 121
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the previously certified Kelly Ranch Master Plan, which allowed up to 1,400 residential
units on 433 acres, and replacing it with changes to land use and zoning designations
within both the Agua Hedionda Lagoon and Mello I1 segments of the LCP.
The City Council subsequently accepted all the Commission’s suggested modifications
and on June 12,2001 the City approved three coastal development permit amendments
(97-43A7 98-66A and 98-70A) relating to subdivision of the Kelly Ranch Core Area
which is within the Mello I1 segment. The permit amendments were approved by the
City to bring the project into compliance with the Commission’s suggested modifications
to LCPA #2-99D. The permits, as amended by the City, result in a reduction in the
number of residential lots by 7 and the number of apartment units by 43, relocation of
day care and recreational vehicle areas and modification to the open space boundaries.
On August 1,2001 the City’s action approving the amended project was appealed (A-6-
CII-01-121) by Commissioners McCoy and Wan. Both appeals (A-6-CII-99-84, A-6-
CII-01-121) are addressed in this report and will be heard together at the Commission’s
September, 2001 hearing. The standard of review is consistency with the certified City
of Carlsbad Local Coastal Program (Mello I1 segment) and the public access policies of
the Coastal Act.
2. LCP Amendment #2-99D. As noted above, in July 2000, the Commission
approved the City of Carlsbad, LCPA #2-99D pertaining to the Kelly Ranch Master Plan
area. The LCP amendment, as submitted by the City, included a revised open space
system that acknowledges the work done to date by the resource agencies and the City in
developing the City’s of Carlsbad’s draft Habitat Management Plan (HMP) on all the
proposed planning areas except Planning Area L. The proposed upland open space
system contained steep and non-steep areas containing primarily coastal sage scrub and
southern maritime chaparral vegetation in two core habitat corridors oriented in a
nortldsouth and an east/west direction to provide connectivity between Macario Canyon,
preserve areas to the south of Kelly Ranch and Agua Hedionda Lagoon.
In review of the LCP amendment, the Commission acknowledged the areas shown as
open space in the LCP amendment as environmentally sensitive habitat areas are also
protected by Section 30240 of the Coastal Act. However, the Commission also found
there were additional Coastal Act concerns reflected in the steep slope policies of Chapter
3 and the current LCP which address landform alteration and visual impacts of
development within scenic viewsheds. The Commission noted the open space system
established by the LCP amendment was based only on sensitive habitat and long-term
connectivity of wildlife corridors. The Commission noted it failed to take into account
other concerns which must be considered in addition to habitat protection to find the LCP
amendment in conformance with Chapter 3 policies of the Coastal Act.
The LCP amendment as submitted by the City proposed to revise the previously-
approved open space system to eliminate certain “dual criteria” slopes from opefi space
and designate them for residential development; however the City did not propose to *
modify the LCP language which protects “dual criteria” slopes which would serve as the
standard of review to implement the proposed land use map. The Commission approved
A-6-C,I-99-84/A-6-CII-O 1 - 12 1
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revisions to the proposed open space system to result in either protection of significant
environmentally sensitive area in place because its development would result in a
unacceptable conflict with Coastal Act policies; or the revised open space would result in
expansion of the proposed habitat corridors to enhance connectivity and functions for
long-term continuance of the resource value.
The Commission acknowledged that the proposed open space system would allow
development within environmentally sensitive habitat areas protected by the Kelly Ranch
Master Plan. The Commission also acknowledged that the property owner had developed
a revised residential development plan for this property primarily in recognition of the
requirements in the City’s draft HMP which has established “hardline” preserve
boundaries on all the sensitive planning areas except Planning Area L. The Commission
found the proposal to concentrate development and recognize long-term goals for habitat
protection resulted in a conflict between Sections 30240, 3025 1 and 30253 of the Coastal
Act which protect environmentally sensitive habitat areas, significant natural landforms
and scenic resources and Section 30250 which seeks to concentrate development in areas
having the least individual and cumulative impact on coastal resources.
The Commission found that through use of the balancing provisions of the Coastal Act,
and with significant revisions to the approved open space system, the proposed impacts
to environmentally sensitive habitat areas could be accepted to allow for clustering of
development that results in greater protection of other significant environmentally
sensitive habitat areas. The revisions to open space the Commission approved include
additional area on the west-facing hillside extending up to the ridgeline of Planning Area
J be retained in open space, as well as elimination of area for three potential residential
lots on the north and west-facing slopes to widen the habitat corridor and require
development to be setback from the ridgeline. A third revision requires development to
be eliminated from the northern portion of Planning Area D (43 potential units) to avoid
impacts to 1.44 acres of jurisdictional wetlands and provide a direct linkage of the upland
open space to Agua Hedionda Lagoon. With this revision, a minimum 800-foot wide
wildlife corridor, extending to approx. 1,300 feet in some areas, would be provided.
With these changes to the open space system, the Commission found the impacts to
environmentally sensitive habitat in a canyon on Planning Areas D and G, a hillside in
Planning Areas H and I, and the upper reaches on the hillsides and canyons on the
northeast, east, and southeast portions of Planning Area J are offset, and the development
and open space plan results in a concentration of the development which, on balance, is
most protective of significant coastal resources.
Additional suggested modifications included requirements for public trails and vista
points to serve as recreational amenities for future residents in addition to the proposed
interpretive center and a prohibition on gated communities within the planning areas
which would contain such facilities. Brush management provisions were also approved
which accept the 3-fuel management zones established in the City’s Landscape Manual,
but regulate their application adjacent to open space. ,,The revisions require that -
development be sited a sufficient distance away from designated open space to
accommodate Zones 1 and 2 outside the open space. Zone 3 may be permitted if planting
of fire retardant, native vegetation is permitted to replace vegetation required to be
removed. The suggested modifications also address water quality by including in the
. ,
.* A-6-L1-99-84/A-6-CII-0 1 - 12 1
Page 9
land use plans and implementing ordinances provisions which require best management
practices to meet not only NPDES permit requirements, but also address runoff volume
by maximizing permeable surfaces. The revisions also address control of potential
pollutants from parking lots of 25 spaces or more.
Finally, for the Planning Areas along the north shore of the lagoon in the Agua Hedionda
Lagoon LUP segment, the revisions include a reduction in density on Planning Area A
and specify the wetland buffer shall be a minimum of 100 feet to avoid indirect impacts
to sensitive resources and protect significant upland habitat within the buffer. The
revisions are intended to concentrate the proposed intensity in the areas able to
accommodate it, without significant adverse effect, individually and cumulatively on
coastal resources, consistent with Section 30250.
The Commission found the above revisions would result in an open space system that is
superior to that approved in the Kelly Ranch Master Plan. The revised Kelly Ranch
Open Space includes the 195 acre Wetland Preserve and an extensive upland habitat
system which provides connectivity to significant habitat core areas to the north and
south and will enhance long-term productivity of rare and endangered species. The
revisions to the LCP, when implemented, will also result in reduced density and greater
wetland buffers provided in development of the lagoon’s north shore in Planning Areas A
and C. Impacts to existing wetland vegetation will be avoided on Planning Area D, and
development will be concentrated in the least environmentally sensitive area within Kelly
Ranch. Finally, development along prominent ridgelines within Planning Areas L, K and
J will be set back to reduce visibility and brush management within open space to
mitigate the habitat impact and preserve the visual quality of this scenic coastal area.
Finally, public trails and vista points will be provided, in addition to the proposed
interpretive center, to address the recreational needs of future residents.
3. Appellants Contentions. In Appeal No. A-6-CII-99-84, the appellants contend that
the approved coastal development permits inappropriately preceded approval of an LCP
amendment and as such, the project, as approved by the City, was inconsistent with
numerous provisions of the certified the LCP (ref. Exhibit #1).
Subsequent to the original appeal (as noted above), the Commission approved with
suggested modifications, LCP Amendment No. 2-99D (Kelly Ranch) to the Carlsbad
Local Coastal Program (LCP). The suggested modifications ensure identified sensitive
coastal resources and public access opportunities are protected consistent with the
certified LCP and Chapter 3 policies of the Coastal Act. The City subsequently accepted
the Commission’s suggested modifications and the applicant requested the City revise the
original project to address the requirements of the certified LCP, as amended.
In Appeal No. A-6-CII-01-12 1, the appellants contend that the City’s action, approving
the amended project, is inconsistent with several policies of the Certified Carlsbad Local
Coastal Program (LCP) pertaining to public views (vista points), environmental€y
sensitive habitat (RV parking), public access and restoration of open space (ref. Exhibit
#2).
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A-6-Cii-99-84/A-6-CII-O1-121
Page 10
4. Public Trails and Vista Points. As noted and as described below, Policy 3-5(f) of
the certified LCP requires public trails and vista points to address the recreational needs
of future residents. Policy 3-5(f) (Kelly Rancmacario Canyon) of the certified Mello
I1 LUP provides:
Public vista points shall be provided at two locations, one in Planning Area J and
the other either entirely within Planning Area L or including portions of Planning
Area L and the disturbed high points of adjacent Planning Area D, to provide views
of the Pacific Ocean, Agua Hedionda Lagoon and its environs, and shall be
accessible to the public at large. Vista points may be located in disturbed open
space areas subject to approval by the Department of Fish and Game. Support
parking shall be provided and may be located either on street or off-street within
close proximity to the vista point(s). Dedications necessary to provide the vista
points and access to the vista points shall be a condition of coastal development
permit approval at the subdivision stage. (emphasis added)
This policy requires that the development provide two public vista points and necessary
support parking. This policy further requires that dedication of easements and access to
two approved vista points be secured through permit conditions at the subdivision stage.
The appellants contend that although the City’s findings of approval indicate that vista
points and necessary access will be provided, no condition of approval in the permit
requires such or that they be secured through recorded dedications at the subdivision
stage. In addition, the vista points were not identified on a plan/tentative map or
approved by the Department of Fish and Game (DFG), as required by the LCP.
While the City recognizes that no specific conditional language was approved that
required dedication of the vista points, the City indicates that trails and vista points
consistent with the LCP requirements, will be provided and that the dedication of such
will occur when the final map is recorded. According to the City, the “subdivision stage”
is a two-step process: tentative map and final map. The subdivision of property is not
complete until the final map is approved by the City Council and recorded in the County
Recorders Office. Thus, while the City’s action did not specifically require the vista
point and access dedications, it is the City’s intent to include such on the final recorded
map. In addition, the City has stated that the final map exhibits and applicable recorded
documents will be forwarded to Coastal Commission staff prior to final map recordation
to ensure consistency with LCP requirements.
As noted above, the tentative map approved by the City did not identify the vista points
or access thereto. However, since the appeal was filed, the tentative map was revised to
indicate the location of the vista points and access thereto and that the vista points/access
will be secured through recorded easements upon recordation of the final map. The
revised tentative map indicates the approved vista point at Planning Area “L” will include
the right-of-way to the proposed cul-de-sac plus 5 ft. of trail. The easement area will
accommodate curb and sidewalk, public parking area,and approximately 10 ff. of . ,
unimproved area for viewing with a bench, interpretive kiosk and 5 ft. wide trail. No-
access trail is necessary because the vista point is along the cul-de-sac frontage. This
location was approved by DFG (ref. letter dated July 30, 2001, attached as Exhibit #5).
Regarding the Planning Area “J” vista point, a 10-ft. wide public trail and vista point
A-6-Crl-99-84/A-6-CII-O 1- 12 1
Page 11
(vista point 10 ft. x 16 ft.) is proposed at the edge of a plateau revegetated with coastal
sage scrub (CSS). A panoramic view of the coastline and Pacific Ocean to the west
would be provided at this location. A minimum of seven public parking spaces are
identified on the adjacent public street. This location was approved by DFG (ref. letter
dated Aug. 9,2001 attached as Exhibit #6).
Policy 3-5(g) of the LCP states:
A public trails system that links Agua Hedionda Lagoon, the interpretive center, the
street system, open space areas and public vista point(s) shall be provided in
consultation with California Department of Fish and Game. Trails provided outside
of the public right-of-way shall be dedicated by easement as a condition of
subdivision approval. Trail improvements may be a combination of sidewalks
within the public right-of-way and, for segments located outside of the public right-
of-way, as defined in the Open Space Conservation and Resource Management
Plan. Trails shall be installed concurrent with residential development and are
indicated on Exhibit 19 (Conceptual Open Space & Conservation Map).
This policy requires that a public trail system linking Agua Hedionda Lagoon and the
Kelly Ranch development be provided. The appellants contend that while the City's
approvals require a trail dedication within Open Space Lot #79, its alignment is not
shown on the tentative map as required by the certified LCP. The City states the tentative
map shows the alignment of the trail, although it was not labeled. After the appeal was
filed, the tentative map has been labeled to indicate the trail alignment. Similar to the
above discussion regarding vista points, the approved alignment of the public trail system
will be secured through easements which will be recorded on the final map. The final
map exhibits and applicable recorded documents will be forwarded to Coastal
Commission staff prior to final map recordation to ensure consistency with LCP
requirements.
In addition, as noted previously, CDP #6-84-617-A is before the Commission at its
September 2001 meeting. This permit amendment addresses the entirety of Kelly
Ranch, including the open space system which is located in both the Agua Hedionda and
Mello I1 segments. Staff is recommending the Commission approve a condition which
requires recordation of the offers to dedicate of the two vista points and access trail
easements prior to issuance of the amendment. With this condition, the Commission will
retain review authority over any future changes to the vista points and trails within the
approved open space. Therefore, the Commission will further address this issue through
its action on CDP #6-84-617-A. Therefore, the Commission finds the appeals do not
raise a substantial issue regarding the conformity of the proposed development, as
approved by the City, with the LCP requirements which require public vista points and
trails be provided in perpetuity and, with the public access policies of the Coastal Act.
5. Open Space Revegetation. Section 21.203.040(A)(2)(c) of the certified'ceastal
Resource Protection Overlay Zone requires:
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A-6-LI-99-84/A-6-CI-O1- 121
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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 maintenance and monitoring component to assure long-term
productivity of the habitat value.
This certified LCP provision requires that a restoration plan be implemented to revegetate
disturbed areas within the Kelly Ranch Open Space and that It be developed in
consultation with the Department of Fish and Game. The City’s approvals reference a
biological revegetation program within the approved open space lots that comprise the
Kelly Ranch Open Space. However, the appellants contend that the City’s action
approving the permit amendments does not require such a program be developed as a
condition of subdivision approval, nor that it be developed in consultation with the
Department of Fish and Game as required by the certified LCP.
While the City admits that the conditions of the permit pertaining to requirements for
revegetation of the open space areas are not “optimally clear”, it is the intent to assure
that such occurs. The City indicates that the coastal development permit is tied to all
other permits and that it contains conditions incorporated by reference from those
associated permits (condition No. 10 of Planning Commission Resolution No. 4965). In
addition, in a letter dated August 16, 2001 (ref. Exhibit #7) the assistant planning director
of the City states that the permits approved by the City include the following conditions:
If any of the required conditions of approval 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.
0 The Developer or their successors shall comply with all applicable provisions of
federal, state and local ordinance in effect at time of building permit issuance.
0 Approval of this request shall not excuse compliance with all applicable sections
of this Zoning Ordinance and all other applicable City Ordinances in effect at
time of building permit issuance, except as otherwise specifically provided herein.
Thus, while the permits approved by the City did not include conditions of approval
which specifically require that revegetation occur, the City has indicated that the project
is subject to all applicable provisions of local ordinances that would include Section
2 1.203.040(A)(2)(c) of the certified Coastal Resource Protection Overlay Zone, which
requires the subject revegetation program on Kelly Ranch. That, coupled with the above
cited provisions, assures that the revegetation will occur.
In addition, the Kelly Ranch developer has prepared and received approval from-CDWG
and USF&WS of the Kelly Ranch Core Area Natural Habitat Revegetation Program, ”
dated May 14,2001. This program has been submitted and approved by the City
Planning Department. The City has indicated that this program must be implemented by
-
A-6-Cl1-99-84/A-6-CII-O1- 12 1
Page 13
the Kelly Ranch developer or the project cannot be found consistent with the conditions
of approval nor with Section 2 1.203.040(A)(2)(c) of the certified Carlsbad LCP. A
finding of non-compliance with either of these policies is grounds for a cease-and-desist
order (“red-tagging”) of the project, even if the construction effort is underway. Based
on the above, the City found that as required by the Local Coastal Program, all disturbed
areas within the Kelly Ranch Open Space preserve which are intended to be “re-
naturalized” will be restored and maintained.
As indicated, CDP #6-84-617-A is before the Commission at its September 2001
meeting. This permit amendment addresses the entirety of Kelly Ranch, including the
open space system which is located in both the Agua Hedionda and Mello I1 segments.
As part of the staff recommendation on the amendment request, staff is recommending
the Commission approve a condition which requires a revised restoration program for the
upland habitat that is proposed for restoration through the Kelly Ranch Open Space
system. After review of the submitted program, the Commission’s biologist found that
the plan does not address existing disturbed habitat and some of the proposed
maintenance and monitoring provisions could be improved to ensure the success of the
restoration effort; therefore, a special condition is proposed which requires a revised
restoration document that addresses these concerns.
Therefore, based on the above, and because the Commission will retain review authority
over any future changes to the revegetation and restoration program through its action on
CDP #6-84-617-A, the Commission finds the appeals do not raise any substantial issue
regarding the conformity of the development with the certified Carlsbad LCP relative to
open space revegetation.
6. RV Parking. Policy 3-5 (h) of the LCP is applicable and states:
Other Uses in Open Space: The designated open space on Planning Area D may be
modified to accommodate daycare facilities and RV parking which meet the
following criteria, subject to an approved coastal development permit:
1) In no case shall the designated open space corridor be less than 800 feet
including the desiltation basin on Planning Area E;
2) No development shall encroach into jurisdictional wetlands mapped by the
ACOE;
3) The facilities shall be located on the least environmentally sensitive portion of
the site and within non-native grassland and/or disturbed agricultural area to the
maximum extent possible; and,
4) The area utilized for these uses shall be the minimum size necessary to satisfy
the requirements of the City of Carlsbad Zoning Code.
The policy specifically allows for daycare facilities and RV parking in the open space
area of Planning Area D. However, the LCP requires that these facilities be the minimum
A-6-C~-99-84/A-6-CII-O1-121
Page 14
necessary to satisfy the requirements of the City’s Zoning Code. The appellants contend
the City’s approvals do not require that the RV storage area be the minimum size and that
no acceptable argument for the larger size has been provided.
The City indicates it went through several steps to ensure that the RV storage lot would
be developed at the minimum size necessary to comply with zoning standards. First of
all, the City determined that 308 residential units are subject to the RV storage
requirements. Zoning Ordinance Section 21.45.090.(P)(2) stipulates that 20 sq. ft. of RV
storage area be provided for each residential unit (308 d/u X 20 sq. ft. = 6,160 sq. ft. of
parking area, exclusive of driveways and approaches). The plan approved by the City
includes 6,160 sq. ft. of parking space area for RVs. However, such storage facilities
also require driveways and area for turn around and maneuvering. In this case, the City
found that the minimal turn around area within the RV lot, approximating 1,040 sq. ft.
was required as a necessary safety precaution, inasmuch as forward travel of exiting
vehicles is required, particularly since the storage lot driveway travels past the daycare
site, and vehicular backing into the public street is unsafe (ref. Exhibit #3). Thus, while
this 1,040 sq. ft. area cannot, by code, be counted within the parking area calculations, it
still must be accommodated in the site planning for vehicular safety reasons.
In addition, the City required (and the developer agreed to provide) retaining walls (up to
8 feet in height) to replace proposed slope areas which originally cut into natural
vegetation. The retaining walls allow the demarcation between the natural vegetation and
the RV storage lot to be a vertical line, rather than the significant take of vegetation that
could occur with manufactured cut slopes.
The City notes the RV storage area does not displace any sensitive vegetation and the
LCP required 800-foot minimum open space corridor approved by the Commission has
been achieved. Additionally, the RV storage area does not encroach into jurisdictional
wetlands mapped by the ACOE and the facilities are located on the least environmentally
sensitive portion of the site, within non-native grassland and/or disturbed agricultural
area to the maximum extent possible. Thus, based on the above, the appeals do not raise
a substantial issue regarding the conformity of the City’s action in approving the RV
storage area, consistent with the Certified Carlsbad LCP and the public access policies of
the Coastal Act.
In summary, no substantial issue relating to the subject development’s conformity with
the certified LCP and the public access policies of the Coastal Act has been identified.
The proposed development, as approved by the City, will secure public vista points and a
public trail system, will revegetate disturbed areas and restore environmentally-sensitive
habitat areas within Core Area open space, and complies with the certified LCP standards
for RV parking facilities within Planning Area D. Based on these findings, the proposed
residential development does not raise a substantial issue regarding conformity with the
certified Local Coastal Program or public access policies of the Coastal Act. .
In addition, the Commission also concludes that there is no Substantial Issue regarding
the original appeal (A-6-CII-99-84) because the project has been revised to incorporate
changes that make the project consistent with the certified LCP.
A-6-Cll-99-84/A-6-CII-O1- 121
Page 15
7. Other Issues Addressed in City Action. In the City’s action amending the three
coastal development permits, a number of resource issues were adequately addressed by
the City to bring the project into compliance with the certified LCP. These issues were
not identified as grounds for appeal. This section is for informational purposes only and
cannot be relied upon as a basis for finding substantial issue. Relative to water quality,
Section 21.203.040 (B) 4) j) of the certified Carlsbad LCP states:
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. 90-42) 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 deveIopment of
type and/or intensity listed below:
Residential Development
Development plans for, or which include residential housing development with
greater than 10 housing units shall include a drainage and polluted runoff control
plan prepared by a licensed engineer, designed to infiltrate, filter or treat the volume
of runoff produced from each and every storm event up to and including the 85*
percentile 24-hour runoff event, prior to conveying runoff in excess of this standard
to the stormwater conveyance system. The plan shall be reviewed and approved by
the consulting soils engineer or engineering geologist to ensure the plan is in
conformance with their recommendations. The plan shall be designed in
consideration of the following criteria, and approved prior-to issuance of a coastal
development permit:
a. Maximize the percentage of permeable surfaces and green space to allow more percolation of runoff into the ground and /or design site with the . ’
capacity to convey or store peak runoff from a storm and release it at a slow
rate so as to minimize the peak discharge into storm drains or receiving water
bodies;
-4
A-6-C.~-99-84/A-6-CII-Ol-121 Page 16
b.
C.
d.
e.
f.
Use porous materials for or near walkways and driveways where feasible;
Incorporate design elements which will serve to reduce directly connected
impervious area where feasible. Options include the use of alternative design
features such as concrete grid driveways, and/or pavers for walkways.
Runoff from driveways, streets and other impervious surfaces shall be
collected and directed through a system of vegetated and/or gravel filter
strips or other media filter devices, where feasible. Selected filter elements
shall be designed to 1) trap sediment, particulates and other solids and 2)
remove or mitigate contaminants through infiltration and/or biological
uptake. The drainage system shall also be designed to convey and discharge
runoff from the building site in a non-erosive manner.
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).
The plan must include provisions for regular inspection and maintenance of
structural BMPs, for the life of the project.
Parking Lots
Development plans for, or which include parking lots greater than 5,000 sq.ft. in size
and/or with 25 or more parking spaces, susceptible to stormwater shall:
a. Incorporate BMPs effective at removing or mitigating potential pollutants of
concern such as oil, grease, hydrocarbons, heavy metals, and particulates
from stormwater leaving the 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 from each and every
storm event up to and including the 851h percentile 24-hour runoff event.
BMPs shall be engineered and constructed in accordance with the guidance
and specifications provided in the California S tormwater Best Management
Handbooks (Commercial and Industrial).
All Development
a. A public education program designed to raise the level of awareness of water
quality issues around the lagoon including such elements as catch basin . .
stenciling and public awareness signs;
b. A landscape management plan that includes herbicide/pesticide management.
A-6-Ci1-99-84/A-6-CII-O1- 12 1
Page 17
Such measures shall be incorporated into project design through a water
qualityhrban 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.
The City’s approval addresses the above LCP requirements by requiring a water quality
plan be submitted which is consistent with the above requirements. A copy of the
preliminary plan has been submitted to Commission staff. The water quality plan
identifies a system of drainage and storm water related improvements that currently exist
to ensure water quality will not be adversely affected both on and off site. Four
permanent desiltatioddetention basins exist in the project area: two within the project site
on Planning Areas ‘D’ and ‘F’ and two nearby offsite basins, i.e., one large desiltation
basin on Planning Area ‘E’, immediately to the east of the core area, and a fourth basin
on the adjacent subdivision at Evan’s Point to the east of the project site. According to
the water quality report, these off-site basins were designed to incorporate the storm
water flows from the Kelly Ranch Core Project and are well established and functioning
properly. Additionally, the plan indicates that the basin in Planning Area ‘D’ contains
wetland habitat and it will no longer be maintained in those areas containing habitat.
However, it will continue to function as a desiltation basin. According to the applicant,
the basin will serve as an area which accepts runoff naturally and will function as a
filtration device prior to discharge to the lagoon.
The water quality report was prepared in response to the LCP requirements, and to define
potential Best Management Plan (BMP) options that not only meet LCP requirements,
but also the requirements identified in the following documents: 1) Carlsbad Municipal
Code S tormwater Management and Discharge Control Ordinance, 2) Standard
Specifications for Public Works Construction, 3) NPDES General Permit for Storm
Water Discharges Associated with Construction Activity issued by the State Water
Resources Control Board, and 4) San Diego NPDES Municipal Storm Water Permit
(Order Number 200 1-0 1).
The report includes: 1) point-by-point response to the water quality requirements
identified in the LCP, 2) three preliminary BMP options for the project, and 3) BMP
device information for the three options. Additionally, the Regional Water Quality
Control Board has found the project consistent with its requirements. The Commission’s
water quality specialist has reviewed the proposed plan and concurs with its preliminary
recommendations. The applicant has incorporated the Commission’s suggestions into the
water quality plan regarding the required public information component of the plan. One
suggestion was to distribute user friendly educational brochures to those residing with the
core area, alerting them to safe and effective practices to dispose of household solvents,
pesticides and the like.
Other issues addressed by the City action on the amended permits and found consisterit
with the LCP, as amended, include fire suppression, landscaping for screening purposes,
-
A-6-Cu-99-84/A-6-CI1-01- 121
Page 18
building materials and colors, public streets and gated communities (all streets are public
except the apartment streets) and grading season restrictions.
(G:\San Diego\Reports\Appeals\2001V\-6-CII-99-84; A-6-CII-01-121 Analstfrpt.doc)
, VATE OF CALIFORNIA-THE RESOURCES AGENCY
CALIFORNIA COASTAL COMMISSION
SAN DEGO AREA . '3111 CAMINO DEL RIO NORTH, SUITE 200
SAN DIEGO, CA 9210&1725
(619) 521-8036
APPEAL FROM COASTAL PERMIT
DECISION OF LOCAL G0VER"T
Please Review Attached Appeal Information Sheet Prior To Completing This Form.
SECTION I. Appellant(s)
Name: Sara Wan
Mailing Address: 22350 Carbon Mesa Rd.
Malibu, CA 90265
Phone Number: (3 10) 456-6605
SECTION 11. Decision Being Appealed
1.
2.
3.
4.
Name of IocaVport government: City of Carlsbad
Brief description of development being appealed:Subdivision of 174 acres into
179 lots.
Development's location (street address, assessor's parcel no., cross street, etc:)
South of Agua Hedionda Lagoon and east of Macario Canyon, Carlsbad (San
Diego County).
Description of decision being appealed
a. Approval; no special conditions:n b. Approval with special conditions:H
c. Denial:n
Note: For jurisdictions with a total LCP, denial decisions by a local government
cannot be appealed unless the development is a major energy or public works
project. Denial decisions by port governments are not appealable.
TO BE COMPLETED BY COMMISSION:
APPEAL NO: A-6-CII-99-84
DATE FILED:6/10/99
DISTRICT: San Diego
Appeals
APPEAL FROM COAS i'AL PERMIT DECISION OF LOCAL GOVERNMENT
Page 2
5. Decision being appealed was made by (check one):
a. 0 Planning Director/Zoning c. Planning Commission
Administrator
b. (E3 City CounciVBoard of d. 0 Other
Supervisors
Date of local govemment's decision: 511 8/99
Local government's file number (if any): CDP 97-43
SECTION 111. Identification of Other Interested Persons
Give the names and addresses of the following parties. (Use additional paper as
necessary.)
Name and mailing address of permit applicant:
Kelly Land Company
201 1 Palomar Airport Rd., Suite 206
CArlsbad. CA 92009
Names and mailing addresses as available of those who testified (either verbally or in
writing) at the city/county/port hearing@). Include other parties which you know to be
interested and should receive notice of this appeal.
SECTION IV. Reasons Supporting This Appeal
..
..
Note: Appeals of local government coastal permit decisions are limited by a variety of
factors and requirements of the Coastal Act. Please review the appeal information sheet
for assistance in completing this section, which continues on the next page.
APPEAL FROM COASTAL PERMIT DECISION OF LOCAL GOVERNMENT
Page 3
I.
State briefly your reasons for this appeal. Include a summary description of Local
Coastal Program, Land Use Plan, or Port Master Plan policies and requirements in which
you believe the project is inconsistent and the reasons the decision warrants a new
hearing. (Use additional paper as necessary.)
See Attachment A
Note:
reasons of appeal; however, there must be sufficient discussion for staff to determine that
the appeal is allowed by law. The appellant, subsequent to filing the appeal, may submit
additional information to the stafT andor Commission to support the appeal request.
The above description need not be a complete or exhaustive statement of your
SECTION V. Certification
to the best of my/our knowledge.
Date:
Agent Authorization: I designate the above identified person@) to act as my agent in all
matters pertaining to this appeal.
Signed:
Date:
STATE OF CALIFORNIA - THE RESOURCES AGENCY
%
CALIFORNIA COASTAL COMMISSION
SAN DIEGO AREA ..
31 11 CAMINO DEL RIO NORTH, SUITE 200
SAN DIEGO, CA 92108-1725
(619) 521-8036
APPEAL FROM COASTAL PERMIT
DECISION OF LOCAL GOVERNMENT
Please Review Attached Appeal Information Sheet Prior To Completing This Form.
SECTION I. Appellant(s)
Name: Christine Kehoe
Mailing Address: 202 C Street
San Diego, CA 92101
Phone Number: (6 19) 236-6633
SECTION 11. Decision Being Appealed
1. Name of locaVport government: City of Carlsbad
2. Brief description of development being appealed:Subdivision of 174 acres into
179 lots.
3. Development's location (street address, assessor's parcel no., cross street, etc:)
South of Agua Hedionda Lagoon and east of Macho Canyon, Carlsbad (San
Diego County)
4. Description of decision being appealed:
a. Approval; no special conditions:n
c. Denial:u
Note: For jurisdictions with a total LCP, denial decisions by a local government
cannot be appealed unless the development is a major energy or public works
project. Denial decisions by port governments are not appealable.
b. Approval with special conditions:m
*ro BE COMPLETED BY COMMISSION:
APPEAL NO: A-6-CII-99-84
DATE FILED:6/10/99
DISTRICT: San Diego
JUN 1 0 1999
CALIFOZ~IA .
COASTAL COMMISSION SAN DIEGO COAST DISTRICT
APPEAL FROM COASTAL PERMIT DECISION OF LOCAL GOVERNMENT
Page 2
5. Decision being appealed was made by (check one):
a. 0 Planning Director/Zoning c. 0 Planning Commission
Administrator
b. City Council/Board of d. 0 Other
Supervisors
Date of local government's decision: 511 8/99
Local government's file number (if any): CDP 97-43
SECTION 111. Identification of Other Interested Persons
Give the names and addresses of the following parties. (use additional paper as
necessary.)
Name and mailing address of permit applicant:
Kelly Land Company
201 1 Palomar Airport Rd., Suite 206
Carlsbad, CA 92009
Names and mailing addresses as available of those who testified (either verbally or in
writing) at the city/county/port hearing(s). Include other parties which you know to be
interested and should receive notice of this appeal.
SECTION IV. Reasons Supporting This Appeal
Note: Appeals of local government coastal permit decisions are limited by a variety of
factors and requirements of the Coastal Act. Please review the appeal information sheet
for assistance in completing this section, which continues on the next page.
.. c
APPEAL FROM COASTAL PERMIT DECISION OF LOCAL GOVERNMENT
Page 3
State briefly your reasons for this appeal. Include a summary description of Local
Coastal Program, Land Use Plan, or Port Master Plan policies and requirements in which
you believe the project is inconsistent and the reasons the decision warrants a new
hearing. (Use additional paper as necessary.)
See Attachment A
Note: The above description need not be a complete or exhaustive statement of your
reasons of appeal; however, there must be sufficient discussion for staff to determine that
the appeal is allowed by law. The appellant, subsequent to filing the appeal, may submit
additional information to the staff andor Commission to support the appeal request.
SECTION V. Certification
The information and facts stated above are correct to the best of my/our knowledge.
Signed: -
Appellant or Agent
Date: lhL- /e /??9
Agent Authorization: I designate the above identified person@) to act as my agent in all
matters pertaining to this appeal.
Signed:
Date:
(GKan Dicgo\BillUCellyrncMppcPll .doc)
ATTACHMENT A
Kelly Ranch Appeal
The development approved by the City involves the subdivision of 174 acres into 179 lots
and grading. The subdivision is located within the Mello II Segment area of the certiiied
City of Carlsbad Local Coastal Program and encompasses 174 acres of the entire 433
acre Kelly Ranch. Kelly Ranch is a 433 acre site in Carlsbad which lies adjacent to the
intersection of El Camino Real and Cannon Road, at the east end of Agua Hedionda
Lagoon. The site contains a wide variety of topography and habitat including wetlands,
pastureland, field crops, farmland and gentle and steep slopes.
The City’s approval is inconsistent with the policies and provisions of the certified LCP.
Specifically, the City did not make a finding that the coastal development permit was
consistent with the Kelly Ranch Master Plan requirements certified in the Mello II LUP.
While the City has approved an amendment to the LCP to rescind the master plan, this
has not yet been reviewed or acted upon by the Coastal Commission and as such, the
Mello II LUP and the Kelly Ranch Master Plan remain the standard of review. The
permit is in fact inconsistent with the following Master Plan requirements: the existing
master plan provides that all RDM development standards be used while the approved
permit provides for R-l/R-3/RDWOS/and R-P standards; the existing master plan
requires a Planned Unit Development (PUD) for all development while the City’s
approval only requires a PUD for sites I, J, and A; the existing master plan provides that
Kelly Drive be extended while the City’s approval does not; and, the master plan requires
a 10% density transfer whereas no density transfer is required in the City’s approval.
There are many more areas of inconsistency with the existing master plan.
The permit is also inconsistent with other policies of the certified Mello PI LUP.
1. The permit allows grading to occur up to November 15 if all erosion control measures
are in place. This is inconsistent with the resource protection provisions of the Mello 11
LCP which prohibits grading between October 1 and April 1, regardless of what
protections are in place.
2. The City’s approval fails to identirjl that development on this parcel will conform to
the sensitive habitat buffer requirements of the certified Mello II LUP. This requirement
is typically applied at the subdivision level. Specifically, Policy 3-8 provides that new
development must setback a minimum of 50 feet f?om riparian resources and 100 feet
fiom wetland resources unless a lesser buffer is approved by the resource agencies. Lot
167 (Area F as identified in CDP #6-84-617) is adjacent to these resources and no buffer
requirement is identified in the coastal development permit.
3. The City’s permit identifies that 61.6 acres of lands are designated as sensitive “did
criteria” slopes (slopes in excess of 25% containing coastai sage scrub of chaparral)
-.
I. which the Mello II LCP protects in Policy 3-4. The permit indicates the project proposes
disturbance of 6 acres of dual criteria slopes which is less than the 10% limit that is
allowed in the LCP to provide “reasonable” use of the property. However, the
Commission has found that large subdivisions can be designed so that no encroachment
is needed to provide reasonable use of the property. The City’s approval pedts the
encroachment by right without an analysis of why reasonable use of the property cannot
be achieved by allowing no encroachment into sensitive areas
The City’s permit is also inconsistent with Section 21.201.1 10 (Planning Commission
Action) of the certified LCP implementing ordinances. This section states that no
approval shall be given unless the Planning Commission finds that the deveIopment is in
conformity with the public access and recreation policies of Chapter 3 of the Coastal
Act. Neither the Planning Commission or Council resolutions of the proposed
subdivision made those findings; thus, the permit can not be found consistent with LCP
requirements.
STATE OF CALIFORNIA -THE RESOURCES AGENCY
CALIFORNIA COASTAL COMMISSION
SAN DIEGO AREA
7575 METROPOLITAN DRIVE, SUITE 103
SAU DIEGO, CA 92108-4402
..
(619) 767-2370
APPEAL FROM COASTAL PERMIT
DECISION OF LOCAL GOVERNMENT
EXHIBITNO. 2
APPLICATION NO.
- A-6-Cll-01-121
Commissioner
Appeal of Amended
Permits -
dkrlr,inrnll rnqPw rnmm9- -n
Please Review Attached Appeal Information Sheet Prior To Completing This Form.
SECTION I. Amellantb)
Name: Sara Wan
Mailing Address: 22350 Carbon Mesa Rd.
Malibu. CA 90265
Phone’ Number: (3 10) 456-6605
SECTION II. Decision Being ADpealed
1. Name of IocaVport government: City of Carlsbad
2. Brief description of development being appealed:Subdivision of 174 acres into
179 lots.
3. Development’s location (street address, assessor’s parcel no., cross street, etc:)
South of Agua Hedionda LaPoon and east of Macario Canyon, Carlsbad (San
Dieao County).
4. Description of decision being appealed:
a. Approval; no special conditions:n
c. Denial:=
Note: For jurisdictions with a total LCP, denial decisions by a local government
cannot be appealed unless the development is a major energy or public works
project. Denial decisions by port governments are not appealable.
b. Approval with special conditions:a
TO BE COMPLETED BY COMMISSION:
APPEAL NO: A-6-CII-01-121
DATE FILED:8/1/2001
DISTRICT: San Dieao
APPEAL FROM COASTAL PERMIT DECISION OF LOCAL GOVERNMENT
Page 2 ..
5. Decision being appealed was made by (check one):
a. 0 Planning DirectodZoning c. 0 Planning Commission
Administrator
b. City CounciVBoard of d. 0 Other
Supervisors
Date of local government’s decision: 6/12/2001
Local government’s file number (if any): CDP ##97-43A. 98-70A. 98-66A
SECTION III. Identification of Other Interested Persons
Give the names and addresses of the following parties. (Use additional paper as
necessary.)
Name and mailing address of permit applicant:
Kellv Land Comuany
201 1 Palomar Airport Rd.. Suite 206
Carlsbad, CA 92009
Names and mailing addresses as available of those who testified (either verbally or in
writing) at the city/county/port hearing(s). Include other parties which you know to be
interested and should receive notice of this appeal.
SECTION IV. Reasons Suuporting; This Appeal
Note: Appeals of local government coastal permit decisions are limited by a variety of
factors and requirements of the Coastal Act. Please review the appeal information sheet
for assistance in completing this section, which continues on the next page.
... .-
..
-.
APPEAL FROM COASTAL PERMIT DECISION OF LOCAL GOVERNMENT
Page 3
State briefly your reasons for this appeal. Include a summary description of Local
Coastal Program, Land Use Plan, or Port Master Plan policies and requirements in which
you believe the project is inconsistent and the reasons the decision warrants a new
hearing. (Use additional paper as necessary.)
See At-t "A"
Note:
reasons of appeal; however, there must be sufficient discussion for staff to determine that
the appeal is allowed by law. The appellant, subsequent to filing the appeal, may submit
additional information to the staff and/or Commission to support the appeal request.
The above description need not be a complete or exhaustive statement of your
SECTION V. Certification /3 rrect to the best of my/our knowledge.
Date:
Agent Authorization: I designate the above identified person(s) to act as my agent in all
matters pertaining to this appeal.
Signed:
Date:
(Documentt)
STATE OF CALIFORNIA - THE RESOURCES AGENCY GRAY DAVIS. Governor
.. CALIFORNIA COASTAL COMMISSION
SAN DIEGO AREA
7575 METROPOLITAN DRIVE, SUITE 103
SAN DIEGO. CA 92108-4402
(619) 767-2370
APPEAL FROM COASTAL PERMIT
DECISION OF LOCAL GOVERNMENT
Please Review Attached Appeal Information Sheet Prior To Completing This Form.
SECTION I. Amellant(s)
Name: Patricia McCoy
Mailing Address: 132 Citrus Avenue
Imperial Beach, CA 91932
Phone Number: 6 19) 423-0495
SECTION II. Decision Being Appealed
1. Name of 1ocaVport government: Citv of Carlsbad
2. Brief description of development being appealed:Subdivision of 174 acres into
179 lots.
3. Development’s location (street address, assessor’s parcel no., cross street, etc:)
South of Agua Hedionda Lagoon and east of Macario Canvon. Carlsbad (San
DiePo Countv).
4. Description of decision being appealed:
a. Approval; no special conditions:n
c. Denial:m
Note: For jurisdictions with a total LCP, denial decisions by a local government
cannot be appealed unless the development is a major energy or public works
project. Denial decisions by port governments are not appealable.
b. Approval with special conditions:m
TO BE COMPLETED BY COMMISSION:
APPEAL NO: A-6-CII-01- 12 1
DATE FILED: 8/ 11200 1
DISTRICT: San Diego
APPEAL FROM COASTAL PERMIT DECISION OF LOCAL GOVERNMENT
Page 2
*.
5. Decision being appealed was made by (check one):
a. 0 Planning Director/Zoning c. 0 Planning Commission
Administrator
b. City Council/Board of d. 0 Other
Supervisors
Date of local government’s decision: 6/12/2001
Local government’s file number (if any): CDP ##97-43A, 98-70A, 98-66A
SECTION III. Identification of Other Interested Persons
Give the names and addresses of the following parties. (Use additional paper as
necessary.)
Name and mailing address of permit applicant:
Kelly Land ComDany
201 1 Palomar Aimort Rd., Suite 206
Carlsbad, CA 92009
Names and mailing addresses as available of those who testified (either verbally or in
writing) at the city/county/port hearing(s). Include other parties which you know to be
interested and should receive notice of this appeal.
SECTION N. Reasons Supportinn This Appeal
Note: Appeals of local government coastal permit decisions are limited by a variety of
factors and requirements of the Coastal Act. Please review the appeal information sheet
for assistance in completing this section, which continues on the next page.
.-
APPEAL FROM COASTAL PERMIT DECISION OF LOCAL GOVERNMENT
Page 3
State briefly your reasons for this appeal. Include a summary description of Local
Coastal Program, Land Use Plan, or Port Master Plan policies and requirements in which
you believe the project is inconsistent and the reasons the decision warrants a new
hearing. (Use additional paper as necessary.)
See Attachmmt "A"
Note:
reasons of appeal; however, there must be sufficient discussion for staff to determine that
the appeal is allowed by law. The appellant, subsequent to filing the appeal, may submit
additional information to the staff andor Commission to support the appeal request.
The above description need not be a complete or exhaustive statement of your
SECTION V. Certification
The information and facts stated above are correct to the best of my/our knowledge.
-/* Appellant or Age- -/* Appellant or Age-
Date: s// lo I
Agent Authorization: I designate the above identified person(s) to act as my agent in all
matters pertaining to this appeal.
Signed:
Date:
(DocumcntZ)
‘STATE OF CAUFORNIA - THE RESOURCES AGENCY GRAY DAVIS. Govwmor
CALIFORNIA COASTAL COMMISSION
SAN DIEGO AREA
7575 METROPOLITAN DRIVE, SUITE 103
SAN DIEGO, CA 92108-4402
(619) 787-2370
..
ATTACHMENT “A’- Kelly Ranch Amended Permits Appeal
The proposal involves amendments to three coastal development permits regarding
subdivision of 174 acres into 171 lots and construction of up to 147 single family homes
and 493 apartments. On June 10, 1999 the Commission appealed the City’s original
approval of the subdivision (CDP’s 97-43,98-66 and 98-70); that appeal is currently
pending (i.e,, the Commission has not yet held a hearing on Substantial Issue). The
grounds for the earlier appeal were that the project, as approved by the City, was
inconsistent with the certified LCP as it was approved based on policies and ordinances
that had not yet been approved by the Commission as an amendment to the LCP. Both
this and the previous appeal will be reviewed together.
On July 1 1,2000, the Commission approved, with suggested modifications, LCP
Amendment No. 2-99D (Kelly Ranch) to the Carlsbad’s Local Coastal Program (LCP).
The LCPA amended the City’s certified LCP regarding the Kelly Ranch property. Kelly
Ranch is a 433-acre site in Carlsbad which lies adjacent to the intersection of El Camino
Real and Cannon Road, at the east end of Agua Hedionda Lagoon. The site contains a
wide variety of topography and habitat including wetlands, pastureland, field crops,
farmland, and gentle and steep naturally vegetated slopes containing sensitive upland
habitat. The property lies within the plan area of two of the six existing Carlsbad LCP
segments: Agua Hedionda Lagoon and Mello 11.
On June 12,2001 the City approved three coastal development permit amendments (97-
43A, 98-66A and 98-70A) relating to subdivision of the Kelly Ranch Core Area property
into 7 planning areas and one remainder parcel consisting of single and multiple family
residential development. The Core area is within the Mello II segment. The permit
amendments were approved by the City to bring the project into compliance with the
Commission’s suggested modifications to LCPA #2-99D. The permits, as amended by
the City, will result in a reduction in the number of residential lots by 7 and the number
of apartment units by 43, relocation of day care and recreational vehicle areas and
modification to the open space boundaries.
Based upon review of the City’s action to amend the permits, it appears the amended
development is not consistent with several of the current policies and ordinances of the
certified LCP pertaining to environmentally sensitive habitat, public views and public
access.
Policy 3-5(f) (Kelly RanchMacario Canyon) of the certified Mello II LUP provides:
Public vista points shall be provided at two locatjons, one in Planning Area J an.d
the other either entirely within Planning Area L or including portions of Planning
Area L and the disturbed high points of adjacent Planning Area D, to provide views
of the Pacific Ocean, Agua Hedionda Lagoon and its environs, and shall be
accessible to the public at large. Vista points may be located in disturbed open
Attachment A-Kelly Ranch Permit Amendments
August 1,2001
Page 2
space areas subject to approval by the Department of Fish and Game. Support
parking shall be provided and may be located either on-street or off-street within
close proximity to the vista point(s). Dedications necessary to provide the vista
points and access to the vista uoints shall be a condition of coastal develoDment
permit auproval at the subdivision stage.
This policy requires that dedication of easements and access to two approved vista points
be secured through permit conditions at the subdivision stage. Although the City
identified the vista points as exhibits, no condition was approved which required such
dedications. The coastal development permit amendments indicate that dedication will
occur at the final map stage and not at the subdivision stage as required by the certified
LCP. In addition, the vista points have not yet been approved by the Department of Fish
and Game as required by the LCP.
Policy 3-5(g) of the LCP states:
A public trails system that links Agua Hedionda Lagoon, the interpretive center, the
street system, open space areas and public vista point(s) shall be provided in
consultation with California Department of Fish and Game. Trails provided outside
of the public right-of-way shall be dedicated by easement as a condition of
subdivision approval. Trail improvements may be a combination of sidewalks
within the public right-of-way and, for segments located outside of the public right-
of-way, as defined in the Open Space Conservation and Resource Management
Plan. Trails shall be installed concurrent with residential development and are
indicated on Exhibit 19 (Conceptual Open Space & Conservation Map).
As noted above, this policy requires that a public trail system linking Agua Hedionda
Lagoon and the Kelly Ranch development be provided. While the City’s approvals
require a trail dedication within Open Space Lot #78, its alignment is not shown on the
tentative map as required by the certified LCP.
Section 21.203.M0(A)(2)(c) of the certified Coastal Resource Protection Overlay Zone
requires:
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 maintenance and monitoring component to assure long-term
productivity of the habitat value.
This ordinance requires that a restoration plan be implemented to revegetate disturbed
areas within the Kelly Ranch Open Space and that it be developed in consultation with
the Department of Fish and Game. The City’s approvals reference a biological
revegetation program within the approved open space lots that make up the Kelly Ranch
Open Space. However, the approvals do not require such a program be developed, as a
Attachment A-Kelly Ranch Permit Amendments
August 1,200 1
Page 3
condition of subdivision approval nor that such a plan be developed in consultation with
the Department of Fish and Game as required by the certified LCP.
Policy 3-5 (h) states:
Other Uses in Open Space: The designated open space on Planning Area D may be
modified to accommodate daycare facilities and RV parking which meet the
following criteria, subject to an approved coastal development permit:
1) In no case shall the designated open space corridor be less than 800 feet
including the desiltation basin on Planning Area E;
2) No development shall encroach into jurisdictional wetlands mapped by the
ACOE;
3) The facilities shall be located on the least environmentally sensitive portion of
the site and within non-native grassland andor disturbed agricultural area to the
maximum extent possible; and,
4) The area utilized for these uses shall be the minimum size necessary to satisfy the
requirements of the City of Carlsbad Zoning Code.
The policy addresses, among other things, allowable uses within designated open space
areas. As noted above, the policy specifically allows for daycare facilities and RV
parking in the open space area of Planning Area D. However, the LCP requires that these
facilities be the minimum necessary to satisfy the requirements of the City of Carlsbad
Zoning Code and that they be located on the least environmentally sensitive portion of
the site and within non-native grassland and/or disturbed agricultural area to the
maximum extent possible. The City’s approvals do not require that the RV storage area
be the minimum size or has an acceptable argument for the larger size been provided.
-z-
1" = 100'
I
I
;H CORE AREA
- AREA ANALYSIS
6,160 SF
- 1,040 Sf - INTERNAL DRIVEWA YS AND
APPROACHES NOT INCLUDED
IN AREA CAL CULA TIONS PER
21.45.090 (k)(2).
n PROJECTDESIGN CONSULTANTS
PLANNING RvvaZ0"Tu ENaINEnm(r0 SURVEY/Gl?S
701 B Street, Suite 800, San Diego, CA 92101 619-235-6471 FAX 619-234-0349
G
MELLO II LCP - KELLY RANCH "CORE AREA"
NORTH
\I/
NO SCALE
..
STATE OF CALIFORNIA-THE RESOURCES AGENCY GRAY OAVIS, Governor
DEPARTMENT OF FISH AND GAME
South Coast Region
4949 Viewridge Avenue
San Diego, California 921 23
(858) 467-4201 .
FAX (858) 467-4235 ppmvQ?j
PUG o i am
July 30,2001
Mr. Bill Ponder
California Coastal Commission
7575 Metropolitan Drive, Suite 103
San Diego, CA 92108-4402
Kelly Ranch, City of Carlsbad
Dear MI. Ponder:
At the request of representatives of the Kelly Land Company, the California Department of
Fish and Game (Department) has reviewed several components of the Kelly Ranch development
project for adequacy. It is our understanding that this request for review by the Department is at the
request of the Coastal Commission staff to insure that the proposed project is consistent with our
goals for conservation of biological resources. The Department has reviewed three components of
the project: (1) the revegetation plan; (2) the need for wildlife undercrossings/culverts under
Hemingway Drive and Tolkein Way; and (3) the proposed vista points in Areas L and J..
The proposedNatural Habitat Revegetation Program - Kelly Ranch “Core Area”, dated May
28,2001, adequately addresses the revegetation needs of the project. It is our understanding as well
that the entire open space on the project site, including areas to be revegetated, will be managed
long-term by a qualified management entity.
The Department, Coastal Commission staff, and Kelly Land Company have had prior
discussions about the need for incorporating wildlife undercrossings/culverts under both Hemingway
Drive and Tolkein Way, to facilitate the movement of wildlife species through the wildlife corridor
on the eastern portion of the property. While the Department is normally supportive of the inclusion
of wildlife undercrossings where feasible, we believe that in this case the wildlife crossings should
be at-grade. Based upon information provided to us by the Kelly Land Company illustrating the
topographic and engineering constraints of the two proposed crossing sites, it appears that the level
of impacts to sensitive habitat to install the wildlife culverts outweighs the potential benefits to
wildlife from the culverts. The lengths of the culverts would also be such that wildlife species would
likely be hindered from using them. Given that both roads are only two lanes, both are internal
development roads, and that traffic at night will be minimal, we believe that at-grade crossings at
these two locations will not significantly hinder wildlife movement through this wildlife corridor.
APPLICATION NO.
A-6-CI 1-99-84/
.. Mr. Bill Ponder
July 27,2001
Page2
We do recommend that street lighting be excluded from the wildlife corridor areas unless essential
for public safety.
The final project component reviewed was the placement of vista points, with their associated
trails. The vista point in Area L is located such that it minimizes any impacts to sensitive resources.
The vista point in Area J is located at the end of a proposed 6-foot wide 300-foot long trail. This
trail and vista point are located within an area that is to be used as a revegetatiodmitigation site for
southern maritime chaparral. We would like to continue to work with the Kelly Land Company to
adjust the location of this vista point and trail to assure that no habitat areas assumed to be
conserved as a pa.t oftk project .zre directly or Irdircct!y affect by-the ~ropssed ~{istn pixit.
If you have any questions regarding our comments please contact David Lawhead at (868)
467-421 1. Thank YOU.
Sincerly,
br William E Tippets
Environmental Program Manager
cc: C.F. Raysbrook - CDGF
David Lawhead - CDFG
John Martin - USFWS
Paul Klukas - Planning Systems
FILE; Chron KELLYRANCH.DNL
1 7' -
.. STATE OF CALIFORNIA-THE RESOURCES AGENCY GRAY DAVIS, Governor
DEPARTMENT OF FISH AND GAME
South Coast Region ..
4949 Viewridge Avenue
San Diego, California 921 23
(858) 467-4201
FAX (858) 467-4235
August 9,2001
Mr. Bill Ponder
California Coastal Commission
7575 Metropolitan Drive, Suite 103
San Diego, CA 92 108-4402
Kelly Ranch, City of Carlsbad
Dear Mr. Ponder:
This letter is being sent as a follow up to our letter to you dated July 30, 2001, which
addressed requested Department of Fish and Game (Department) input regarding the adequacy of
certain development issues related to the Kelly Ranch development in the City of Carlsbad. In that
letter the Department expressed concern regarding the location of the proposed vista point and trail
located in Area J. After the Department's letter was sent to you, the Kelly Land Company provided
us with additional information showing that the amount of open space acres within Area J is greater
than what the Department had originally agreed to in our earlier evaluatioriand concurrence with the
project's design. The greater open space is the result of project modifications requested by the
ptal Commission staff. This additional information, indicating a higher level of habitat
conservation then we originally believed was present in Area J, addresses our concern regarding the
placement of the vista point in Area J. We have reached agreement with the Kelly Land Company
on this vista point and trail, and find it acceptable. If you have any questions regarding this letter,
please contact David Lawhead at (858) 467-421 1.
1
Fv
cc: C.F. Raysbrook- CDFG
David Lawhead-CDFG
Nancy Gilbert4 SF W S, Carlsbad
KELLYRANCH2LTR
Sincerely,
William E. Tippets.
Environmental Program Manager
1 EXHIBITNO. 6
- APPLICATION NO.
A-6-Cll-99-84/
A-6-Cll-01-121
AUG-30-2001 THU 02:16 PM -1TY OF CfiRLSflAD
---.r .--
te Farxiday Avenue Carlsbad. CA Q200a7314 (780) 602-4600 m FAX (760) 802-8559 WWWA
FAX NO. 76-72 8559
s
EXHIBITNO. 7
APPLICATION NO.
A-6-Cll-99-84,
P. 02
..
- -.- Ciu of Carlsbad
August 16; 2001
Chuck Damm California Coastal ~imrntssion
7575 Metropolltan Drive San Diego CA 921 08-4402
RE: COASTAL DEVELOPMENT PERMIT CDP 97-43tA) - KELLY RANCH
Dear Mr. Damm:
Thank you for the opportunity to discuss the Kelly Ranch C08dd Development Permit (CLIP) appeal with you and your staff. It is our hope that through our dialogue and the additional information provided in this letter, your staff will be able to see that the City has either already addressed or will addf8ss through the final map process all of the /ssues ralsed in the Commission's appeal of the Kelly Ranch CDP. We are confident that based on the information and assurances outlined below that your staff will be able to recommend that the Coastal
Cornmisston can make a determinatlon of No Substantial Issue on the Kelly Ranch appeal.
To help you better undesbnd our development procew, a summary of our processing framework follows:
Development within the City of Carlsbad is subject to a litany of local laws, A project Is
reviewed for conformance wtth those laws and if it is not In axnpliance, the pmject Is not allowed to proceed, This procedure k no different for the review of Coastal Development Permits within the Coastal Zone. In the case of the Kelly Ranch, the standard of evtew is the
certified LCP as modified by the City's adoptiop of the Coastai Commission's suggested modifications to LCPA 87-09, Those modifications included amendments to the Civs zoning
ordinance that implements the LCP.
Additionally, when the City approves a pro]& that is based on multiple permits, it ties all of the permits together through the resolutions of approval (Le., each resolution contains all of the
conditions d all of the other resolutions by reference and is subject to the approval of the other permits). The Kelly Rahch project Is composed of a Tract Map, Hlllside Permit, Sib Development Pian, and C0;aSbl Development Permit. These pennits are made up of a
multitude of documents, which indude maps, reports, easements, exhibits, resolutions and ordlnances. All of these documents are tied to the requirement that every aspect of the
development must be consishnt with the focal laws
AUG-30-2001 THU 02: 17 PM QJTY OF CARLSBAD FAX NO, 760 so2 8558
applied by the decision making body, "final" exhibits and documents are prepared to include all of the conditions approved by the decision makers and the last step Is that all of the documents
and exhibits are recorded. All of them steps are the subdivlsion process and the project is conditioned accordingly to comply wlth Coastal Program requirements at the subdivisbn stage. Regarding your specific interest of requiring the dedication of trail and visb point easements, these are a condltian of the tentative map and the actual granting of the easements occurs ulilh
the recordation of the final map.
Coastal Commisslon'a Appeal
Regarding the first twa points of appeal. the vista points and trails, both am T\OW shown and labeled on the approvet exhibits (Sheet 4 of 9 dated Augusk 9,2001). In addition, dedications for the vista points and trails will be shown on the 'Final" map when it recodds. The responsibility for malntenance of the trails lies with the Kelly Ranch Home Owners Association.
(See condition No. 15D of Resolution No. 4983) Concurrence of the California Department of Flsh and Game regarding fhe location of the vista points is provided in the attached letter.
Regarding the third point of appeal, a restoration and enhancement plan for disturbed areas withln the Kelly Ranch Open Space conservation easement, we agree that the condition guaranteeing that the plan will be prepared is not optimally dear,
Nonetheless, the Coastal Development Permit Is conditioned to prepare the enhancement plan
by virtue of that specific requirement is called for by the City's zoning ordinance. Remember that the Coastal Development Pemk is tied to all of the other permits and that it contains
conditions Incorporated by reference from those associated permits (See condition No. IO of PC Resolution No. 4965). Therefore, Coastal Development Permit CDP 0743(A) indudes all of the
conditions of Planning Commisslon Resolutlan No. 4985 [CDP 974(A)] AND Planning Commission Resolution No. 4963 [CT 97-16(A)). The following conditions apply:
Po 03
lj env of UI e following mndiths fail to 0C;cur. or If they are. bv their terms, 10 be
b-~so implemented and malnbined accordlna to the3 terms. the CitV shell f@ve the rlnM tojevoke w mdfv all
aDPWals hereln wanted: ... (No, 1 PC Resa. 4963 and No. I PC Reso 4065)
The Oevelo~er or their suw ssom sh,d cornrdv with all aPpli-e Drovidons of federal
state, and Igcef ordinances in effect at time of buildinn perm It Issuance. (No. 3 PC Reso
Z3).
Approval of this request shall not excuse amp liana with all aopllcable sections of the
Zoning Ordinance and all other applicable Ci Ordinances io effect at Ume of buildin-!
issuance, except a9 otherwise epecifically srwided hereiQ. (No.68 PC Raw 4983)
Bath the Local Coastal Program and Zoning Ordinance (6 21.203.MO(A}(2)(c)) requlro the preparation of the plan.
As requlred by the Local Coastal Program, all disturbed areas within the Kelly Ranch Open Space presswe which are intended to be 're-naturalized" will be restored and maintalned. A
draft of 8 plan to satisfy the tequlrements of the Coastal Program and Coastal Resource Protection Overlay Zone has been reviewed by the California Department of Fish and Game
..
AUG-30-2001 THU 02: 17 PM "ITY OF CMLSBAD FAX NO. 76'72 8558 P. 04
..
and has been approved by them. That plan has been submitted to your staff and City of
Carlsbad Staff.
The fourth point of appeal is the size of the proposed recreational vehicle storage area.
Attached are a list of dedgn constraints that dictate the final size of the fadllty and a graphic;
illustrating the current recreational vehicle (RV) storage design and its relalianship to the Kelly Ranch Open Space IS proposed. Regarding the minimum size of the RV storage, the City's zoning ordinance requires that it be provided at the rate of 20 sq. ft. per unit and that area is excluslve of driveways and approaches. In the case of Kelly Ranch, 308 units require 6,160 6q.
ft. An additional 1,040 sq. A. is comprised of dhveweys and approaches that can't be counted towards the required area, It is important to note that the RV storage are8 does not displace
any sensitive vegetation and that the 800-fool minimum open space corridor has been achieved. Regarding the daycare fadlily, the site is approximately a helf-acre in 9120. The City requires 2 acres plus 1% of the net developable acreage for master plans be set aside for community facilities and daycare. In the case of Kelly Ranch, the elimination of the master plan - did I.- not eliminate this requirement. This will be one of the smallest daycare facilities in the City
of Catlsbad.
Regarding follow-up action to our August 14 meeting, as agreed. the final map exhibits end
applicable documents will be forwarded to Cosstal Commission staff prior to exhibit and document recordation for guidance regarding coastal wnwrns. By providing these documents
for your review, you and your stafT can be assured that Coastal Program mncxrns are belng properly addressed.
If you have any questions regarding the appeal lnfonnation provided In this letter or
attachments, please call me at (760) 602-4601.
As&tant Planning Director
ATTACHMENTS:
C: SherilynSarb Bill Ponder Ray Patchett Michael Holuniller
Steve Smlth Larry Clemans