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HomeMy WebLinkAboutCDP 97-43A; Kelly Ranch; Coastal Development Permit (CDP)July 13,2001 TO: California Coastal Commission FROM: City of Carlsbad Planning Department RE: Modification of Kelly Ranch Open Space map by Coastal Development Permit CDP 97-43(A) The Kelly Ranch Open Space may be adjusted by a Coastal Development Permit if certain criteria is met. The following is an explanation of how the modification of the Open Space by CDP 97-43(A) is consistent with the criteria established by the Mello II segment of the Carlsbad Local Coastal Program. 1 ) In no case shall the designated open space corridor be less than 800 feet including the desiltation basin on Planning Area E. The “Kelly Ranch Comparative Analysis” exhibit illustrates that the location of the RV storage facility and daycare still accommodates an 800 foot corridor which includes Kelly Ranch Open Space and the Village E desiltation basin. 2) No development shall encroach into jurisdictional wetlands mapped by the Army Corps of Engineers. The future daycare and the RV storage facility have been located in an upland area outside of the limit of ACOE jurisdiction also shown on the “Kelly Ranch Comparative Analysis” exhibit. 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. There are non-native grasslands, disturbed areas, and coastal sage scrub within Planning Area “D”. The majority of the land proposed for RV storage and future daycare is either non-native grasslands or disturbed. The property is also located along the edge of the Kelly Ranch Open Space so that there is no open space contiguity issue. 4) The area utilized for these uses shall be the minimum size necessary to satisfy the requirements of the City of Carlsbad Zoning Ordinance. The requirement for R V storage comes from the Planned Development Ordinance. 21.45.090 (k). The text follows: All projects containing ten units or more shall provide space to store campers, trailers, boats, etc. The storage space shall be located in specifically designated areas and be made available for the exclusive use of the residents of the development. These designated areas may serve more than one planned development, provided there is sufficient space to meet minimum requirements for each planned development. Developments located in areas covered by a master plan may have this requirement satisfied by the common recreational vehicle storage area provided by the master plan. The area provided for this storage space, exclusive of the driveways and approaches, shall be at least equal to twenty square feet for each dwelling unit in the planned development. However, not less than two hundred square feet shall be provided. The storage space shall be screened from view by a view-obscuring fence, wall or landscaping. The storage space may be off-site of the planned development, provided the property to be used as storage is part of the application for the planned development permit and that no other development may occur on this property without an amendment to such permit. The planning commission or city council must find evidence that such off-site storage is suitable and not detrimental to the surrounding properties of such storage are. Storage shall not be required if the planning commission or city council finds that the planned development provides that each lot will have satisfactory storage on the lot and such storage is compatible with the area. Such storage shall be a minimum of two hundred square feet in area for each lot and shall have access for vehicles. The storage of recreational vehicles shall be prohibited in the front yard setback, on any public or private streets, or any other area visible to the public. A provision containing this restriction shall be included in the covenants, conditions and restrictions for the project. The project includes a Planned Development and is therefore required to provide recreational vehicle storage facilities. The final size of the facility is determined by the varying factors of the site and the design constraints to make the facility practicable. Because of topography, slopes and access in the case of the Kelly Ranch facility, there is more space available than the minimum required. Designing a facility to be exactly the minimum required is nearly impossible even on a flat fully unconstrained piece of land. A reduction in the paved area for RV storage could be made in order to be closer to the minimum requirement, but the limits of disturbance would not change given the need for the creation of flat parking space in a hillside area. -. The requirement for Daycare is based in the General Plan. The Carlsbad General Plan identifies the need for child day care as one of several needed community services. The following language comes from the Land Use Element of the Carlsbad General Plan: Encourage and promote the establishment of childcare facilities in safe and convenient locations throughout the community to accommodate the growing demand for childcare in the community caused by demographic, economic and social forces. Ensure that new master planned communities and residential specific plans contribute to a balanced community by providing within the development, adequate areas to meet some social/human service needs such as sites for worship, daycare, youth and senior citizen activities, etc. Require new master planned developments and residential specific plans of over 100 acres to provide usable acres to be designated for community facilities such as daycare, worship, youth and senior citizen activities. The Kelly Ranch is a master planned development with an area of greater than 100 acres. In addition, the Kelly Ranch Master Plan had a requirement for community facilities and that requirement carried over to this current approval. The pad area set aside for child day care on the Kelly Ranch project is approximately half of an acre. The pad must accommodate a structure, parking, vehicular circulation, and the minimum outdoor play area mandated by the State. The preferred pad size is greater. In fact, the City has adopted a Community Facilities Zone to encourage uses such as daycare and established two acres as the minimum size for this kind of community facility. From: Paul Klukas <pklukas@nctimes.net> To: Date: 711 8/01 6:50AM Subject: Kelly Ranch David Lawhead <dlawhead Q dfg.ca.gov> Dave: The Coastal Commission Staff (Bill Ponder) has written the City of Carlsbad indicating they are going to appeal the City's recent approval of the revised Kelly Ranch plan if they don't receive some information from CDF&G. This revised Kelly Ranch plan (with the development pulled back as previously directed by Coastal Commission) is the one I have provided you information on during the past 6 months or so. The Coastal Commission indicates they need: "Letters from the CDF&G regarding 1) the feasibility of wildlife corridors or undercrossings under Hemingway Drive and Tolkein Way to facilitate wildlife movement through the open space area; and 2) the adequacy of the proposed "Natural Habitat Revegetation Program" regarding the restoration of the disturbed areas within the delineated open space." Also; "Condition #15 of CT 97-1 6 requires that a public traildvista points map be ah consuita%on with CDF&G. The submitted Kelly Ranch Trails/Public Vista Points map and the Kelly Ranch Scenic Resources Map indicate two public vista points in disturbed open space area. These public amenities are shown on the approved tentative map; however there is no written approval from the CDF&G that the proposed vista points can be accepted" [are acceptable]. - Dave; these are the things that I have provided you the background information for over the past few months. Regarding the undercrossings, you even telephoned Bill Ponder (I confirmed with Ponder) and indicated your opinion of infeasibility, however he now says telephone calls are not sufficient. Regarding the Natural Habitat Revegetation Program, I provided you a copy last May. We are proposing to revegetate in CSS and SMC (depending on adjacent preserve vegetation) OS areas previously in agriculture. Again, Bill needs your OK. The public vista points map was provided to you also in May. These vista points are in areas that are disturbed (agriculture) vegetation. If Ponder does not receive CDF&G written OK of these items by 7/24 they say they will appeal the City decision, and Kelly Ranch will be again mired in the bureaucracy merry-go-round. I would be pleased to meet with you or your representative at your convenience to go over this information if you believe helpful. Thanks for your help on this. I know you're busy. We need a Dave Lawhead clone. Paul Klukas From: Paul Klukas <pklukas @nctimes.net> To: <bponder@coastal.ca.govf> Date: 7/31/01 2:35PM Subject: Kelly Ranch Bill: The following are responses to your inquiries regarding the Kelly Ranch approval documents. 1. Access dedication across the Vista Point trail. At the 6/12/01 hearing, the Carlsbad City Council added the following condition to_CDP the ap-ed exhibits." In City-speak, the reference to "public" vista points indicates a dedication of rights to the public. Kelly Land Co. will dedicate public access easements to the City for these trails with the final map. c.--rs---.-.--. 97-43(A): "Public vista points and trails shall be provided as shown on 2. Requirement for revegetation plans in consultation with CDF&G. The Mello II LCP and the Zoning Ordinance both contain the following identical language; "Resotration 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 CDF&G, as a condition of subdivision approval." Two conditions of approval on the project address compliance with this obligation. One states that the developer "...shall comply with all Federal, State (LCP) and Local ordinances (Zoning) in effect at the time of building permit issuance.", and the other states that approval of the project does not excuse compliance with the requirements of all applicable City ordinances (Zoning). These conditions of approval advise the developer of the obligation to revegetate and enhance in consultation with CDF&G. In addition, the CDF&G has reviewed the Kelly Ranch Natural Habitat Revegetation Program and indicated their determination of adequacy, as stated in the letter from David Lawhead, dated July 30,2001. 3. project is 6,160 square feet. The 7,200 square feet provided includes RV back-up and maneuvering space necessary for minimum proper internal vehicular circulation. Without this additional 1040 square feet of lot surface area, the 6,160 square feet of parking spaces would not be accessible. As a result, it is our conclusion that the RV storage parking area is the minimum necessary to comply with zoning requirements. RV Storage size. The required RV storage square footage for the 4. Project roof design, building heights, landscaping address visual impact. The project roof design, building heights, and landscaping minimize visual impacts because the roof design is below the maximum heights allowed and offers a variety of shapes, planes and orientations so that monotony of silhouette and elevation does not exist. Landscaping will soften the most visible structures (west side of Village J) through installation of 24" box, 12-feet tall, screening trees on every single family lot as shown on the Kelly Ranch Village J Screening Plan. 5. Wetlands impactshnitigation. A revised wetlandshitigation program is being couriered to your office this afternoon. Planning Systems apologizes for mistakenly providing you with a draft which was completed prior to issuance of the Provisional ACOE Section 404 permit. The 0.02 ac. leaky irrigation valve area was determined not to be jurisdictional wetlands on the ACOE approved plan. In addition, the wetlands mitigation includes mitigation for the two "waters of the US" drainages, and also for the desiltation basin, which we were requested to avoid by CCC Staff, even though this desiltation basin was also determined not to be jurisdictional. The overall wetland mitigation ratio (for jursidictional wetlands) is very high due to the agreement to mitigate for the desiltation basin. Jurisdictional wetlands onsite total only 0.04 acres. 6. Area L OS dediction. At the 6/12/01 City Council hearing the City Council added a condition to CDP 97-43(A) which included the "Remainder Parcel steep slopes" in the list of open space dedication lots. I hope this information is helpful to you in your analysis of the adequacy of the City's actions. Please call with any further questions you may have. Paul Klukas cc: Christer Westman ccwest Qci.carlsbad.ca.us>