HomeMy WebLinkAboutCDP 98-66A; Kelly Ranch; Coastal Development Permit (CDP)o CITY OF CARLSBAD
LAND USE REVIEW APPLICATIION
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1 6) PERCENTAGE OF PROPOSED
PROJECT IN OPEN SPACE
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22) EXISTING ZONING
11) NUMBER OF EXISTING
RESIDENTIAL UNITS
14) PROPOSED IND OFFICE/
SQUARE FOOTAGE
17) PROPOSED INCREASE IN
ADT
20) EXISTING GENERAL
PLAN
23) PROPOSED ZONING
12) PROPOSED NUMBER OF
RESIDENTIAL UNITS
15) PROPOSED COMM
SQUARE FOOTAGE
18) PROPOSED SEWER
USAGE IN EDU
21) PROPOSED GENERAL
-~~ KAN DESIGNATION
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DEC 1 9 2000
ARLSBAD
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DATE FEE PAID RECEIPT NO.
Form 16 PAGE 2 OF 2
City of Carlsbad
1635 Faraday Avenue Carlsbad CA 92008
Applicant: KELLY LAND COMPANY
Set Id: S000000525
Description
CT9716A
GPA00009
HDP9717A
ZCA00006
Total:
Amount
6,380.00
3,680.00
1,290.00
3,780.00
15,130.00
Receipt Number: R0017283
Transaction Date: 12/19/2000
Pay Type Method Description Amount
Payment Check 1652 15,130.00
Transaction Amount: 15,130.00
TBCiCity of CARLSBAD Planning DepMhenta>nic
A REPORT TO THE PLANNING COMMISSION
Item No.
P.C. AGENDA OF: May 2, 2001
Application complete date:
Project Planner: Christer Westman
Project Engineer: Mike Shirey
SUBJECT: GPA 00-09/ZCA 00-06/CT 97-16(AVHDP 97-17(A)/CDP 97-43(AVSDP 98-
04(AVCDP 98-66(AVSDP 98-18rAVCDP 98-70(A) - KELLY RANCH - To
amend previously approved discretionary actions taken by the City of Carlsbad on
the Kelly Ranch "Core Area" reducing the number of single family residential lots
by seven, reducing the number of apartment units by 43, relocating future day
care and recreational vehicle storage areas, establishing modified open space
preservation areas, amending the Carlsbad Zoning Ordinance to modify
regulations relating to coastal resources, and amending the General Plan land use
map on property generally located south of Cannon Road and east of Faraday
Avenue in Local Facilities Management Zone 8.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 4960
RECOMMENDING APPROVAL of a Negative Declaration and ADOPT Planning
Commission Resolutions No. 4961 - 4969 RECOMMENDING APPROVAL of General Plan
Amendment GPA 00-09, Zone Code Amendment ZCA 00-06, Tract Map Amendment CT 97-
16(A), Hillside Development Permit Amendment HDP 97-17(A), Coastal Development Permit
Amendment CDP 97-43 (A), Site Development Plan Amendment SDP 98-04(A), Coastal
Development Permit Amendment CDP 98-66(A), Site Development Plan Amendment SDP 98-
18(A) and Coastal Development Permit. Amendment CDP 98-70(A) based on the findings and
subject to the conditions contained therein.
II. INTRODUCTION
The Kelly Ranch "Core Area" tentative tract map, associated permits, and associated legislative
actions, including Local Coastal Program Amendment (LCPA 97-09), were reviewed by the
Planning Commission and the City Council and approved in spring 1999. Subsequently the
California Coastal Commission reviewed LCPA 97-09 and approved it subject to the addition of
numerous modifications. Most significantly, the modifications included avoidance of wetlands
within an existing Planning Area "D" detention basin, preservation of additional open space
adjacent to Planning Area "J", incorporation of several development standards into the Mello II
and Agua Hedionda segments of the Local Coastal Program, and incorporation of the same
development standards into the Coastal Resource Protection Overlay Zone (Chapter 21.203) of
the Zoning Ordinance.
The City Council approved the Coastal Commission suggested modifications as an amendment
[LCPA 97-09(A)] and directed staff to follow-up with the legislative actions necessary to
implement the suggested modifications and to process the physical changes to the Kelly Ranch
O
GPA 00-09/ZCA 00-06/G97-16(A)/HDP 97-17(A)/CDP 97-43^)7
SDP 98-04(A)/CDP 98-66(A)/SDP 98-18(A)/CDP 98-70(A) - KELLY RANCH
May 2, 2001
Page 2
tentative tract map and associated permits to make them consistent with the new standard of
review.
The proposed actions include a General Plan Land Use Amendment, text additions to Chapter
21.203 of the Zoning Ordinance and review of the changes to the Kelly Ranch "Core Area"
tentative tract map and associated permits.
The revised project has been analyzed for environmental impacts with reliance on the Kelly
Ranch Supplemental Environmental Impact Report previously certified by the City and has been
reviewed for consistency with the General Plan, Zoning Ordinance, newly revised Local Coastal
Program, and Local Facilities Management Plan. The project is consistent with these
aforementioned documents.
III. PROJECT DESCRIPTION AND BACKGROUND
The 433 acre Kelly Ranch had been part of the Kelly Family land holdings in Carlsbad for
decades. In partnership with Kaufman and Broad, a tract map and the Kelly Ranch Master Plan
were approved in 1984. Attempts to develop the property were not fruitful and the partnership
dissolved. Subsequently the Kelly Ranch tract map expired, yet the Kelly Ranch Master Plan
remained valid. The Hillman Company acquired the property and established the Kelly Land
Company which is listed as the current owner.
The Kelly Land Company processed several applications for the Kelly Ranch through the City in
1999 including both legislative and adjudicatory actions. All of the applications were reviewed
for potential environmental impacts in a Supplemental Environmental Impact Report.
The requested legislative actions affected the entire Kelly Ranch and the adjudicatory actions
were specific to the "Core Area". Those actions which covered the entire 433 acre Kelly Ranch
were the rescission of the 1984 Kelly Ranch Master Plan, establishment of new General Plan and
Zoning designations, and amendments to the Local Coastal Program and Zone Code to reflect the
proposed project. Those actions which affected only the "Core Area" (Planning Areas D, F, G,
H, I, J, K and L) were the subdivision of these 174 acres into 4 large lots for multi-family
residential development, 154 smaller single family residential lots, and 19 lots for uses such as
open space, recreation, and day care. Planning areas are shown on Reduced Exhibit "Planning
Areas".
Subsequently, the California Coastal Commission reviewed Local Coastal Program Amendment
(LCPA 97-09) and approved the amendment with numerous modifications. Adoption of the
modifications resulted in a change to the development standards of the Agua Hedionda Lagoon
and Mello II segments of the Carlsbad Local Coastal Program which in turn affected the design
of the approved Kelly Ranch tentative tract map and associated permits. Specifically,
preservation of a detention basin within Planning Area "D" caused the relocation of the
recreational vehicle storage area and child day care site. Preservation of additional open space
adjacent to Planning Area "J" caused a redesign of the street and lot configuration of Planning
Area "J".
Since the Kelly Ranch project has been previously reviewed for consistency with the General
GPA 00-09/ZCA 00-06/CT97-16(A)/HDP 97-17(A)/CDP 97-43(Kf
SDP 98-04(A)/CDP 98-66(A)/SDP 98-18(A)/CDP 98-70(A) - KELLY RANCH
May 2, 2001
Page 3
Plan, Zoning Ordinance, and Local Coastal Program, the following analysis focuses on the
proposed amendments to the originally approved project and their compliance with applicable
ordinances and policies. The proposed project is subject to the following:
A. General Plan
B. Title 20 Subdivision Ordinance
C. R-l One Family Residential Zone/R-3 Multiple-Family Residential Zone
D. Qualified Development Overlay Zone
E. Hillside Development Ordinance
F. Coastal Resource Protection Overlay Zone
G. Local Coastal Program Mello II Segment
IV. ANALYSIS
A. General Plan
The Kelly Ranch project previously approved by the City included land use changes to most of
the planning areas. The land use changes predominantly coordinated land use types to Planning
Areas. Included in the previous application was a change in Planning Area "F" from
Travel/Recreation Commercial (T-R) to Open Space and Office (OS/O). Much of Planning Area
"F" was intended to be preserved as open space and a small portion of it would be used as the
Agua Hedionda Lagoon Foundation information center and possibly a joint use with a child day
care center.
The Coastal Commission determined during their review of LCPA 97-09 that the entire Planning
Area "F" should be Open Space with the Agua Hedionda information center as an allowable use.
Therefore this General Plan Amendment (GPA 00-09) proposes a change of land use on Planning
Area "F" from Open Space and Office "OS/O" to only Open Space. The revised project does not
consider Planning Area "F" for joint use with a child day care center. The revised project
provides for a possible child day care center within Planning Area "D".
Additionally, the Coastal Commission determined that the development density of Planning Area
"A", on the north side of the Lagoon within the Agua Hedionda Lagoon segment of the Local
Coastal Program, should be reduced and therefore was suggested to be changed from Residential
Medium High (RMH) to Residential Medium (RM). The difference between the two land uses is
a density range of 8-15 dwellings per acre under the RMH designation and 4-8 dwellings per acre
under the RM designation. Based on a net developable area of 9.7 acres, this General Plan
Amendment (GPA 00-09) reduces the possible residential units in Planning Area "A" from 111
to 58.
The proposed changes will reduce the intensity of development within these two planning areas
and as such will not have a detrimental effect to the surrounding area nor will there be a greater
need for services or infrastructure.
The proposed land use amendments are consistent with General Plan policies in that the project
will provide a variety of housing types, will not reduce existing quantities of designated open
space, will provide significant open space which will contribute to an overall desired quality of
GPA 00-09/ZCA 00-06/&?97-16(A)/HDP 97-17(A)/CDP 97-43(S)/
SDP 98-04(A)/CDP 98-66(A)/SDP 98-18(A)/CDP 98-70(A) - KELLY RANCH
May 2, 2001
Page 4
life, provides a correlation between density and topography, and provides for community service
facilities.
B. Title 20 Subdivision Ordinance
Per Title 20 of the Carlsbad Municipal Code, the project was required to process a major
subdivision map. Adoption of the Coastal Program modifications requires a revision to the map.
Section 20.12.120 of the Carlsbad Municipal Code identifies the process to revise a tentative
map.
The revised map must show that the proposed redesigned subdivision generally conforms to the
street and lot pattern shown on the original map; the redesigned subdivision must include only
one contiguous area consisting of all or a part of the original map; all of the information required
for a new subdivision must be provided for the revised map; the redesigned subdivision must be
submitted within 18 months of the original map approval; and, must otherwise be processed as a
new subdivision map. The proposed tract map revisions comply with these provisions as
discussed below.
The Tract Map approved for the "Core Area" by the City is 174 acres in size, includes individual
residential lots for 147 single family homes in Planning Areas "I" and "J", and the remaining lots
are designed to accommodate development in Planning Areas "D, G, H" of 451 apartment units,
recreational vehicle storage, child day care, and open space.
The preservation of Kelly Ranch Open Space had the effect of requiring a redesign of the
approved tentative map resulting in the elimination of seven (7) single family residential lots
within Planning Area "J" and a reconfiguration of the streets within Planning Area "J". In
Planning Area "D", Hemingway Drive was relocated to avoid a wetland located within an
existing detention basin. Apartment development was also prohibited in Planning Area "D" on
the north side of the realigned Hemingway Drive resulting in a loss of 43 apartment units. Also
in Planning Area "D", lots 161 and 162 were relocated and reconfigured to accommodate new
designs for both recreational vehicle storage and child day care.
The proposed redesign of the single family lots in Planning Area "J" and lots 161 and 162 in
Planning Area "D" conforms to the Kelly Ranch Open Space exhibit of the Mello II segment of
the Local Coastal Program as revised to conform to.the Coastal Commission's modifications.
All residential lots are created to meet the required depths and widths of the underlying zone and
Chapter 20.16 of the Carlsbad Municipal Code, and all have access to a public street. The layout
of the revised subdivision generally conforms to the street and lot pattern of the original map and
does not include any land that was not part of the original map.
The site is adequate in size and shape to accommodate residential development at the density
proposed and is therefore physically suitable for the type and density of the development, in that
the project proposes 598 dwelling units which is within the density range which allows up to 694
units by the General Plan and the newly revised Mello II segment of the Local Coastal Program.
The design of the subdivision will not conflict with easements of record or easements established
by court judgment, or acquired by the public at large, for access through or use of property
GPA 00-09/ZCA 00-06/CT97-16(A)/HDP 97-l7(A)/CDP 97-43(J*j?
SDP 98-04(A)/CDP 98-66(A)/SDP 98-18(A)/CDP 98-70(A) - KELLY RANCH
May 2, 2001
Page5
within the proposed subdivision, in that all lots created by the subdivision will have access to
publicly dedicated roads and conform to the dimension criteria established in Chapter 20.16.
Since the property is currently not accessible by improved roadways, the project is conditioned to
provide full improvements to Cannon Road from the westerly terminus of Planning Area E to the
intersection with Faraday Avenue. The project provides a portion of trail segment 23 consistent
with the Open Space Conservation and Resource Management Plan and a portion of trail
segment 24 within lot 78.
The property is not subject to a contract entered into pursuant to the Land Conservation Act of
1965 (Williamson Act) and is not subject to the agricultural preservation policies of the Mello II
segment of the Local Coastal Program.
The single family portion of the subdivision is within the density range of (0-4) du/acre specified
for the site as indicated on the Land Use Element of the General Plan, and is below the growth
control point of 3.2. The project will provide Cannon Road improvements which is a Circulation
Element roadway. The subdivision was analyzed for noise impacts related to Cannon Road and
mitigation has been included as a condition of approval. The project is consistent with the
Housing Element of the General Plan and the Inclusionary Housing Ordinance as the Developer
has entered into an Affordable Housing Agreement to provide and deed restrict 124 dwelling
units as affordable to lower-income households. The Housing agreement pertains only to
Planning Areas A, C, D, E, G, H, I, and J. All other Planning Areas will be required to provide
their fair share with subdivision approval. The project provides significant areas of General Plan
Open Space which supports open space conservation and natural habitat preservation.
The request for an amendment to CT 97-16 is being processed within the 18 month time limit.
The original map was approved contingent on the approval of LCPA 97-09 by the Coastal
Commission. The approval of LCPA 97-09 was granted by the Coastal Commission on July 11,
2000 which triggered the approval of CT 97-16.
C. R-l One-Family Residential Zone /R-3 Multiple-Family Residential Zone
The project is consistent with all applicable zoning designations and standards. The land uses
remain the same as originally approved. Single family homes are proposed within the areas
zoned R-l, apartments are proposed within the areas zoned R-3, and the Agua Hedionda Nature
Center is located within Open Space. Although there are fewer single family residential lots
proposed, the lot sizes remain consistent with the original approval. The same is true for the
apartment portion of the project. The building design remains the same, the use remains the
same, and the elimination of a portion of the apartments is not inconsistent with the R-3 Zone.
D. Qualified Development Overlay Zone
The Qualified Development Overlay Zone is intended to supplement the underlying zoning by
providing additional regulations for development within designated areas. The Planning
Commission and City Council may impose special conditions or requirements which are more
restrictive than the development standards of the underlying zone. Both the single family and
multifamily components of the project are within a Qualified Development area.
GPA 00-09/ZCA 00-06/W 97-16(A)/HDP 97-17(A)/CDP 97-43('S)/
SDP 98-04(A)/CDP 98-66(A)/SDP 98-18(A)/CDP 98-70(A) - KELLY RANCH
May 2, 2001
Page 6
Site Development Plans were reviewed by the Planning Commission and City Council for the
purpose of approving site plans and architecture. The changes to the tract map required minor
changes to the site plans for Planning Areas "J" and "D".
Single family homes in Planning Area "J" have been re-plotted on lots along the northern half of
Twain Avenue. Twenty foot front yard setbacks are proposed as well as the required side yard
setbacks of 10% of the lot width and rear yard setbacks of 20% of the lot width.
Apartment buildings with 43 units have been deleted from Planning Area "D". Building sites for
recreational vehicle storage and a child day care have been relocated to the east away from
Cannon Road. A minimum 6,160 square feet of recreational vehicle storage is required,
exclusive of drive aisles and driveways, and 7,200 square feet is being provided. The day care
pad is approximately one half acre and is projected to accommodate a facility of up to 100
children.
The setbacks, buildings, landscape, and grading for the project have been considered and have
been deemed to be appropriate for the type and location of proposed development. The project
has been conditioned to develop consistent with the Planning Commission Exhibits "N" through
"DD". No special conditions or requirements are specified.
E. Hillside Development Ordinance
Chapter 21.95 requires that a Hillside Development Permit accompany any development
proposal which involves slopes of greater than 15 percent and an elevation differential greater
than 15 feet in height. These conditions applied to the original subdivision and therefore apply to
the revised map. The Hillside Development Permit Amendment is subject to all of the findings
for a new Hillside Development Permit and may only be approved if the six hillside findings can
be made.
The first two findings require that hillside and un-developable areas have been properly
identified. The proper identification of these circumstances are provided through the project
submittal in the form of a hillside conditions exhibit and a constraints exhibit. Both exhibits
were provided as required. Approximately 55 percent of the site is comprised of slopes between
0 and 25 percent, 13 percent of the slopes from 25 to 40 percent, and 32 percent of the slopes in
grades over 40 percent.
The third criterion is that the development must be consistent with the purpose, intent and
requirements of the Hillside Ordinance. The stated purpose and intent of the ordinance includes
the avoidance of substantial damage or alteration of significant natural resource areas;
preservation of the natural appearance of hillsides; consistency with the Open Space and
Conservation Element of the General Plan; prevention of erosion and protection of the lagoons
from excessive siltation; and assurance that development is compatible with existing topography.
Generally, the project has avoided substantial alteration of the site's natural resources in that
more than 40% of the site will not be disturbed by grading. The area of preservation has been
increased through the subdivision redesign as a result of the Coastal Commission's action to
create "Kelly Ranch Open Space". The grading proposed over the remainder of the site includes
varying slope heights and terraced pads which reflects the site's natural slope progression from
GPA 00-09/ZCA 00-06/Cf97-16(A)/HDP 97-17(A)/CDP 97-43(J^T
SDP 98-04(A)/CDP 98-66(A)/SDP 98-18(A)/CDP 98-70(A) - KELLY RANCH
May 2, 2001
Page 7
low near the lagoon and upward movement in elevation to the plateau at Planning Area "J. The
pad elevations for the apartments, Planning Areas D, G, and H, have been increased by five feet
in height. The increase in pad height is caused by the requirement to preserve a desiltation basin
which under the original map was being filled to accommodate the recreational vehicle storage
area. Erosion control is a standard function of the grading permit process. The project is
consistent with the purpose and intent of the Hillside Ordinance.
Criterion number four requires that no residential or habitable development or grading will occur
in those portions of the property which are not developable pursuant to the provisions of Section
21.53.230. The un-developable lands include beaches, permanent bodies of water, floodways,
slopes greater than 40%, significant wetlands, riparian or woodland habitats, land subject to
major power line easements, land upon which other significant environmental features are
located, and railroad track beds. No residential or habitable development is proposed in areas
that are not developable.
The fifth and sixth criteria relate to the project's design. The project must be designed to
minimize disturbance to hillside lands and substantially conform to the intent of the concepts
illustrated in the hillside design guidelines manual. The majority of the project is proposed in
areas that have been previously disturbed by authorized grading. Some areas of hillside which
will be disturbed by the project are isolated and not a part of the greater significant slopes. The
amended Hillside Development Permit includes a reduction in the disturbance to hillsides by
2.72 acres. The proposed development substantially follows the hillside pattern of the site.
Some areas of steep slope disturbance are required to access flatter portions of the site and are
therefore proposed to be graded. The proposed site plan does reflect consistency with these
provisions
F. Coastal Resource Protection Overlay Zone
The Kelly Ranch Local Coastal Program Amendment (LCPA 97-09) was approved by the City
Council in May 1999. Subsequently the amendment was submitted to and reviewed by the
California Coastal Commission (CCC) in July 2000. The CCC approved the amendment with
the inclusion of additional standards to be inserted into the City's Zoning Ordinance. The Zone
Code Amendment (ZCA 00-09) is the incorporation of several Local Coastal Program
development standards into the Zoning Ordinance. The chapter affected by the ZCA is 21.203
which is the Coastal Resource Protection Overlay Zone. Approval of the ZCA will have the
greatest impact on the Kelly Ranch, however, there will also be implications in areas outside of
the Kelly Ranch boundaries within the Carlsbad Coastal Zone.
A summary of the most significant changes follows. The full text of the amendments can be seen
on Exhibit "ZZ", dated May 2,2001 - Bold/strikeout Ordinance attached.
Coastal Program Modifications Specific to Kelly Ranch:
• Preservation of coastal sage scrub and southern maritime chaparral within Kelly Ranch
Open Space.
• Conservation easement dedication of the Kelly Ranch Open Space allows the
development of otherwise coastal- restricted steep slopes with habitat.
(X)/GPA 00-09/ZCA 00-06tef 97-16(A)/HDP 97-17(A)/CDP 97-43(A)/
SDP 98-04(A)/CDP 98-66(A)/SDP 98-18(A)/CDP 98-70(A) - KELLY RANCH
May 2, 2001
PageS
• Roads are a permitted use within the Kelly Ranch Open Space only when necessary to
access flatter areas and when designed to be least environmentally damaging.
• A brush management program will be implemented for residential development which
effectively establishes a 40 foot structural setback from designated Open Space.
• Preservation of scenic public views.
• Landscape standards including the use of native plant species and a goal of screening
structures.
• Substantial standards regarding water quality and specific thresholds for the filtration of
volume and maximum flow of storm events for residential and parking lot projects.
The Coastal Commission adopted Local Coastal Program modifications included water quality
standards and specific thresholds for the filtration of storm event volumes. The standards and
thresholds were derived from draft language being considered by the California Regional Water
Quality Control Board (CRWQB) San Diego Region but had not been adopted by the regional
board. When the City of Carlsbad City Council considered the standards and thresholds as part
of LCPA 97-09(A), the CRWQB had still not taken final action. Therefore, the Council
approved the standards and thresholds as suggested by the Coastal Commission with a caveat that
should different standards be adopted by the CRWQB, then the CRWQB language should be
incorporated into the Coastal Resource Protection Overlay Zone.
After the Coastal Commission adopted LCPA 97-09 with suggested modifications, and the City
approved LCPA 97-09(A), the CRWQB adopted Tentative Order No. 2001-01. The Tentative
Order has different and more detailed standards and thresholds than those adopted by the Coastal
Commission. Therefore, the standards and thresholds from Tentative Order No. 2001-01
regarding the filtration of volume and maximum flows are recommended for incorporation into
the Coastal Resource Protection Overlay Zone versus the language suggested by the Coastal
Commission.
Modifications that Pertain to All Other Areas in the Coastal Zone Except Buena Vista Lagoon.
Batiquitos Lagoon Watershed: Areas West of Paseo Del Norte. West of 1-5. and West of El
Camino Real Immediately Upstream of Existing Stormdrains:
• Emphasis on the preservation of natural slopes greater than 25% and slopes greater than
25% possessing endangered species and/or coastal sage and chaparral communities.
• Allowance of winter grading if summer grading is prohibited by a responsible resource
agency.
• Requirement for all new development to be consistent with local ordinances regarding
water quality.
Each of these standards have also been incorporated into either the Agua Hedionda and/or Mello
II segments of the Local Coastal Program by action of the Coastal Commission on LCPA 97-09
and the City Council's action on LCPA 97-09(A).
GPA 00-09/ZCA 00-06/CT97-16(A)/HDP 97-l7(A)/CDP
SDP 98-04(A)/CDP 98-66(A)/SDP 98-18(A)/CDP 98-70(A) - KELLY RANCH
May 2, 2001
Page 9
G. Local Coastal Program: Mello II Segment
Carlsbad Tract CT 97-16A is located within the Mello II segment of the Carlsbad Local Coastal
Program. Therefore, the issuance of a Coastal Development Permit is required consistent with
the Mello II Segment of the Local Coastal Program, the R-l-Q and R-3-Q zones and Coastal
Resource Protection Overlay Zone.
The intent of the Coastal Resource Protection Overlay Zone is to supplement the underlying
zoning (R-l-Q and R-3-Q) by providing additional resource protective regulations within
designated areas to preserve, protect and enhance the habitat resource values of Buena Vista
Lagoon, Agua Hedionda Lagoon, Batiquitos Lagoon, and steep sloping hillsides; to provide
regulations in areas which provide the best wildlife habitat characteristics; to encourage proper
lagoon management; and to deter soil erosion by maintaining the vegetative cover on steep
slopes.
Mello II
As required by the Coastal Commission, several revisions have been made to the Mello II
segment of the Carlsbad Local Coastal Program. The original project has been re-designed to
incorporate the revised language of the Mello IILCP Segment.
Planning Area "D" has been redesigned to eliminate apartment development north of
Hemingway Drive and that area has been designated as Open Space. However, a portion of the
area has been designed to accommodate recreational vehicle storage and a day care facility. A
minimum 800 foot open space corridor has been maintained and there is no encroachment into
Army Corps of Engineers jurisdictional wetlands.
Development within Planning Area "J" has been reduced by 7 residential lots to comply with the
preservation of Kelly Ranch Open Space which includes the Planning Areas' west facing slopes.
Coastal Sage Scrub and Southern Maritime Chaparral have been preserved within the designated
Kelly Ranch Open Space. Preservation of the open space is guaranteed by conservation
easements granted to the City of Carlsbad.
The project densities proposed are within the ranges allowed by the Residential Low-Medium
and Residential Medium-High General Plan and Local Coastal Program designations. The single
family planning areas "I" and "J" may have up to 201 residential units but are proposed with 147.
The multifamily planning areas "D, G, and H" may have up to 493 units and are proposed with
451.
A fire suppression plan has been submitted and is on file with the Planning Department
illustrating safety from fire hazard, protection of native habitat, and landscape screening of
residential structures.
A drainage plan has been prepared and is on file with the Planning Department illustrating
compliance with off-site siltation prevention as well as on-site water quality measures.
GPA 00-09/ZCA 00-06/£?97-16(A)/HDP 97-17(A)/CDP
SDP 98-04(A)/CDP 98-66(A)/SDP 98-18(A)/CDP 98-70(A) - KELLY RANCH
May 2,2001
Page 10
The project has been conditioned to prepare and submit a public education program and
landscape management plan for the review and approval by the Planning Director prior to the
issuance of grading permits.
Development has been sited on the relatively flat portions of the property. Access to the flatter
portions of the property is gained by roads which are allowed to pass through designated open
space.
A public vista point has been provided within Planning Area "J" and access has been provided
between the vista point and the Agua Hedionda Lagoon via public sidewalk and trails.
Coastal Resource Protection Overlay Zone
Associated with these applications are amendments to the Coastal Resource Protection Overlay
Zone. The amendments make distinctions between protection measures for the Kelly Ranch and
for areas outside of the Kelly Ranch. The following analysis is based on the overlay zone as
amended. The overlay zone identifies five areas of protection. They are 1) steep slopes and
vegetation; 2) drainage, erosion, sedimentation, habitat; 3) landslides and slope instability; 4)
seismic hazards; 5) floodplain development; 6) scenic preservation; and 7) landscaping
requirements.
1. The overlay policy states that within the Kelly Ranch steep slopes possessing endangered
plant/animal species and/or coastal sage scrub and chaparral plant communities shall be
preserved in their natural state within the designated open space areas shown on the LCP
Kelly Ranch Open Space Map and addressed in Policy 3-5 of Mello II. A Kelly Ranch
Open Space Map has been prepared and steep slopes within the Open Space have been
preserved by a conservation easement.
2. Special erosion control measures must be included as conditions of approval. These
"special" measures are standard measures required by the City's Grading Ordinance and
are included as conditions of approval. These same measures are also required by the
Regional Water Quality Control Board.
3. The geotechnical investigation prepared by Leighton and Associates did not indicate that
there are soils onsite of the La Jolla group which are susceptible to accelerated erosion.
Therefore, additional reports are not required.
4. Because of the soil types and topography, the site is not prone to liquefaction and
therefore site-specific investigations are not required.
5. No development is proposed within the 100 year floodplain.
6. Scenic preservation standards within the Kelly Ranch require the planting of trees and
fire retardant vegetation as well as the use of low intensity earthtone building materials.
As part of the Site Development Plan and Coastal Development Plan review, the building
materials and colors are being considered.
GPA 00-09/ZCA 00-06/Cr47-16(A)/HDP 97-17(A)/CDP 9
SDP 98-04(A)/CDP 98-66(A)/SDP 98-18(A)/CDP 98-70(A) - KELLY RANCH
May 2, 2001
Page 11
7. Landscape requirements focus on the use of native species. A landscape plan approved by
the Planning Director prior to the issuance of a grading permit which will ensure
compliance with this standard and the landscape component of the scenic preservation
standard.
The proposed project is in compliance with all requirements of the Local Coastal Program: Mello
II Segment.
V. ENVIRONMENTAL REVIEW
The proposed General Plan Amendment and Zone Code Amendment are actions required by the
California Coastal Commission in adoption of the Local Coastal Program and subsequent
adoption of LCPA 97-09(A) by the City of Carlsbad and are therefore statutorily exempt from
the provisions of the California Environmental Quality Act.
Environmental analysis was conducted on the original project through an Environmental Impact
Report (EIR). For the adjudicatory actions, the proposed amendments were reviewed against the
findings of the certified EIR and no new significant adverse effects were identified.
Benefits of the amendments include the reduction of the overall area of physical disturbance
without extending development into areas which were previously left undisturbed. The result is
a slight increase in the preservation of natural slopes and slope vegetation. Open space areas will
be designated as such by easements which prohibit the use of the property for anything other than
open space.
The reduction in residential units in turn reduces the demand for services and the average daily
traffic (ADT) by 424. Although there will be a reduction in the need for services and in ADT, no
change has been made to the provision of services, e.g. sewer and water lines, or to the capacity
of the associated roadways.
Based on data and conclusions of the Certified EIR, the project will result in cumulative impacts
to air quality and traffic/circulation which cannot be fully mitigated. A statement of overriding
considerations pursuant to Sections 15093 and 15126(b) of the CEQA Guidelines was adopted
when the EIR was certified and apply to the amended project. No new significant project level
impacts have been identified for biological resources, land use, visual resources, noise, and
archeological and paleontological resources. A Negative Declaration has been issued by the
Planning Director for the proposed amendments.
GPA 00-09/ZCA 00-06/&?97-16(A)/HDP 97-17(A)/CDP 97-43(S?)/
SDP 98-04(A)/CDP 98-66(A)/SDP 98-18(A)/CDP 98-70(A) - KELLY RANCH
May 2, 2001
Page 12
ATTACHMENTS:
1. Planning Commission Resolution No. 4960 (Neg. Dec.)
2. Planning Commission Resolution No. 4961 (GPA 00-09)
3. Planning Commission Resolution No. 4962 (ZCA 00-06)
4. Planning Commission Resolution No. 4963 (CT 97-16A)
5. Planning Commission Resolution No. 4964 (HDP 97-17A)
6. Planning Commission Resolution No. 4965 (CDP 97-43A)
7. Planning Commission Resolution No. 4966 (SDP 98-04A)
8. Planning Commission Resolution No. 4967 (CDP 98-66A)
9. Planning Commission Resolution No. 4968 (SDP 98-18A)
10. Planning Commission Resolution No. 4969 (CDP 98-70A)
11. Location Map
12. Disclosure Statement
13. Background Data Sheet
14. Local Facilities Impact Assessment
15. Reduced Exhibit "Planning Areas"
16. Exhibit "ZZ", dated May 2,2001 - Bold/strikeout Ordinance
17. Exhibits "A-DD", "A1-A18", "11-110" and "J1-J12" dated May 2, 2001
CW:mh
o
KELLY RANCH
GPA 00-09/ZCA 00-06/CT 97-16(A)/
HDP 97-17(A)/CDP 97-43(A)/SDP 98-04(A)/
CDP 98-66(A)/SDP 98-18(A)/CDP 98-70(A)
CX ->City of Carlsbad
Planning Department
DISCLOSURE STATEMENT
Applicant's statement or disclosure of certain ownership interests on all applications which will require
discretionary action on the part of the City Council or any appointed Board. Commission or Committee.
The following information MUST be disclosed at the time of application submittal. Your project cannot
be reviewed until this information is completed. Please print.
Note:
Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city
municipality, district or other political subdivision or any other group or combination acting as a unit."
Agents may sign this document; however, the legal name and entity of the applicant and property owner must be
provided below.
1 . APPLICANT (Not the applicant's agent)
Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial
interest in the application. If the applicant includes a corporation or partnership, include the
names, title, addresses of all individuals owning more than 10% of the shares. IF NO
INDIVIDUALS OWN MORE THAN 10% OF THE SHARES. PLEASE INDICATE NON-
APPLICABLE (N/A) IN THE SPACE BELOW- If a publiclv-owned corporation, include the
names, titles, and addresses of the corporate officers. (A separate page may be attached if
necessary.)
Person.
Title
Corp/Part A^cW^»TDtJ£,
Title
Address Address 2n TGOhJt>LPC»4 "\Z>f2..
OWNER (Not the owner's agent)
Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership
interest in the property involved. Also, provide the nature of the legal ownership (i.e,
partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a
corporation or partnership, include the names, title, addresses of all individuals owning more
than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES,
PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-
owned corporation, include the names, titles, and addresses of the corporate officers. (A separate
page may be attached if necessary.)
Kelly Land CompanyPerson
Title
Address
Corp/Part_
Title
Address2011 Palomar Airport Rd. ,Ste 112
Carlsbad, CA 92009
2075 Las Palmas Dr. • Carlsbad, CA 92OO9-1576 • (760) 438-1161 - FAX (760) 438-O894
o o
City of Carlsbad
Planning Department
DISCLOSURE STATEMENT
Applicant's statement or disclosure of certain ownership interests on all applications which will require
discretionary action on the part of the City Council or any appointed Board, Commission or Committee.
The following information MUST be disclosed at the time of application submittal. Your project cannot
be reviewed until this information is completed. Please print.
Note:
Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city
municipality, district or other political subdivision or any other group or combination acting as a unit."
Agents may sign this document; however, the legal name and entity of the applicant and property owner must be
provided below.
1. APPLICANT (Not the applicant's agent)
Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial
interest in the application. If the applicant includes a corporation or partnership, include the
names, title, addresses of all individuals owning more than 10% of the shares. IF NO
INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-
APPLICABLE (N/A) IN THE SPACE BELOW. If a public!v-owned corporation, include the
names, titles, and addresses of the corporate officers. (A separate page may be attached if
necessary.)
Kelly Land CompanyPerson,
Title
Address
Corp/Part_
Title
Address2011 Palomar Airport Rd.,Ste 112
Carlsbad, CA 92009
OWNER (Not the owner's agent)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership
interest in the property involved. Also, provide the nature of the legal ownership (i.e.
partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a
corporation or partnership, include the names, title, addresses of all individuals owning more
than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES,
PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-
owned corporation, include the names, titles, and addresses of the corporate officers. (A separate
page may be attached if necessary.)
Person.
Title
Corp/Part_
Title
Kelly Land Company
Address Address 2011 Palomar Airport Rd.,Ste 112
Carlsbad, CA 92009
2075 Las Palmas Dr. • Carlsbad, CA 92009-1576 - (760) 438-1161 • FAX (760) 438-0894
Oity of Carlsbad
Planning Department
DISCLOSURE STATEMENT
Applicant's statement or disclosure of certain ownership interests on all applications which will require
discretionary action on the part of the City Council or any appointed Board. Commission or Committee.
The following information MUST be disclosed at the time of application submitta!. Your project cannot
be reviewed until this information is completed. Please print.
Note:
Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, cits
municipality, district or other political subdivision or any other group or combination acting as a unit."
Agents may sign this document; however, the legal name and entity of the applicant and property owner must be
provided below.
1. APPLICANT (Not the applicant's agent)
Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial
interest in the application. If the applicant includes a corporation or partnership, include the
names, title, addresses of all individuals owning more than 10% of the shares. IF NO
INDIVIDUALS OWN MORE THAN 10% OF THE SHARES. PLEASE INDICATE NON-
APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the
names, titles, and addresses of the corporate officers. (A separate page may be attached if
necessary.)
Person,
Title
Address
Corp/Part Shea Homes Limited Partnership
•jg^jjgjj (See attached list of partners)
Address 655 Brea Canyon Rd./ Walnut CA 9178S
OWNER (Not the owner's agent)
Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership
interest in the property involved. Also, provide the nature of the legal ownership (i.e.
partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a
corporation or partnership, include the names, title, addresses of all individuals owning more
than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES,
PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-
owned corporation, include the names, titles, and addresses of the corporate officers. (A separate
page may be attached if necessary.)
Person,
Title
Address
Corp/Part Kelly Land Company
Title
Address2011 Palomar Airport Rd.,Ste 112
Carslbad, CA 92009
2O75 Las Palmas Dr. • Carlsbad, CA 92009-1576 • (760) 438-1161 • FAX (760) 438-0894
StN| IjYTxi'rqx' I«l_o"coj>iQr TOW : 12-26HM~": 16:27 I 17145940935- _ _619 549 0112:* 3r '.6
PARTNERSHIP AGREEMENT
or
SHEA HOMES LIMITED PARTNERSHIP
A CALIFORNIA LIMITID PARTNERSHIP
This Agreement of Partnership (the "Agreement" ) is
made and entered into as of January 4, 1989, by and between
those parties listed on Schedule A/ which is attached hereto
and incorporated herein by this reference (hereinafter
referred to as "Partners").
ARTICLE I.
1.01 Formation. The Partnere hereby form a United
partnership (the "Partnership") pursuant to the California
Uniform
nia Corporations code) to engage in the business hereafter
described and for the period and upon the terns and conditions
hereina Cter set forth. The Partnership shall be a limited
October
Partnership Act (Section 19001 it fififl. of the Califor-
pertnerjship.
1.02 HAffifl. The name of the Partnership ahall be
"Shea Homes Limited Partnership, a California Limited Partner-
ship," <md the Partnership shall do business in that name.
5, 1989
SeetianA
Genef
Exhibit: A
Partner
J. F. Shea Co., Inc.
Limit»d Partnara
She* Investments
Tahoe Partnership I
Balooa Partnership
John F. Shea, Trustee
John F. Shea Family Trust
Petlar 0. Shea
Edmund H. Shea, Jr. Trustee
Ednund and Mary shea Real
Property Trust
October 5, 1989 i.
o.
Address
655 area Canyon Road
Walnut, CA 91789
655 Brea canyon Road
Walnut, CA 91789
655 Brea Canyon'Road
Walnut, CA 91789
655 Brea Canyon Road
Walnut, CA 91789
655 Brea Canyon Road
Walnut, CA 91789
655 Brea Canyon Road
Walnut, CA 91789
655 Brea Canyon Road
Walnut, CA 91789
CERTIFICATE OF CORPORATE SECRETARY
OF J. F. SHEA CO., INC.
June 30, 2000
I, James G. Shontere, Secretary of J. F. Shea Co., Inc., a Corporation created and existing under
the laws of the State of Nevada, do hereby certify and acknowledge the following action taken by
the Board of Directors of this Corporation without a meeting as permitted by the Bylaws of the
Corporation and applicable law.
RESOLVED, that the following named individuals are hereby elected to the
offices appearing after their respective names, and will serve for the remainder
of the year or until their successors are elected and qualified:
RESOLVED, that any one of the following named officers of this Corporation:
John F. Shea, President; Edmund H. Shea, Vice President; and Peter O. Shea,
Vice President; or any other person or persons designated in writing by any one
of said officers, or any two of the individuals named below, are hereby authorized
and empowered for and on behalf of this Corporation, on its own behalf or acting
as general partner of Shea Homes Limited Partnership, a California limited
partnership, to execute any bids, contracts, bid bonds, deeds, maps, plats or any
other agreements or documents necessary for the performance of such
contracts, agreements and/or documents, to execute any documents required to
borrow funds from any lender to be secured by real or personal property owned
by this Corporation, to execute agreements to purchase, escrow instructions,
and any related documents in connection with the sale and conveyance of real
property developed and sold by this Corporation on its own behalf, or acting as
general partner of Shea Homes Limited Partnership, a California limited
partnership, or any other real property owned by this Corporation, and to execute
notes, deeds, maps, performance and payment bonds, deeds of trust,
mortgages, guarantees, receipts, and all other documents necessary and
convenient to carry out the business operations of this Corporation on its own
behalf and doing business as Shea Homes, or acting as general partner on
behalf of Shea Homes Limited Partnership, a California limited partnership:
*John F. Shea, Director
*Edmund H. Shea, Jr., Director
*Peter O. Shea, Director
Roy W. Humphreys, President
Richard C. Andreen, Vice President
Mark Brock, Vice President
Howard Hulme, Vice President
Max B. Johnson, Vice President
Ron Lakey, Vice President
Layne Marceau, Vice President
David Miller, Vice President
Buddy Satterfield, Vice President
Bert Selva, Vice President
Les Thomas, Vice President
David J. Van Ramshorst, Vice President
Bruce J. Varker, Vice President
Robert R. O'Dell, Treasurer
*James G. Shontere, Secretary
Certificate of Corporate S^Liary of
J. F. Shea Co., Inc.
June 30, 2000
Page 2
Assistant Secretary:
Tim Amberry
Richard Raymond Andersen
Joanne Anderson
Paul L. L. Barnes
Ernest J. Boitano
Sue Brady
Robert T. Bunyan
Kurt R. Burger
Robert M. Burke
William M. Bush
Robert V. Claflin
Robert L. Crandall
Phil Culler
Scott Custer
John C. Danvers
Jeffrey H. Donelson
Jason L. Enos
Yvonne Espinoza
John Franklin
Takashi Fujii
Thorn Gamble
David Garcia
Karyl Gately
Donald J. Gause
W. Steve Gilmore
Jack Godard
Ryan Green
Shirley V. Grimm
Carly Harlacher
Charla L. Mauser
Laura Herse
Jeff Hinkle
Dale Holbrook
Paul A. Howard
Catherine M. Huff
James Johnston
Jeffrey F. Kappes
Jim Kenny
Teresa G. Kershisnik
John Kilrow
Richard A. Knowland
Debra L'ltalien
Chester T. Latcham
Hal Looney
Joyce Manigold
Marion P. Marcum
Certificate of Corporate S^Lary of
J. F. Shea Co., Inc.
June 30, 2000
Page 3
Assistant Secretary (continued):
H. James Matthews
Oren Jon McCaustland
Jeff McQueen
Ronald C. Metzler
Kevin O'Neill
Richard J. Obernesser
Brad Olsen
Steve Ormiston
Lee Pacheco
Jennifer Patterson
Kevin Peters
Ken Petersen
Robb Pigg
William J. Pisetsky
Wesley D. Popplewell
Philip Rafton
Tim Roberts
Darlene Robinson
Cynthia Roush
Carol A. Ryan
Alison B. Shea
Teri Shusterman
Eddy Skees
Eric Snider
Karen Tice
Alan F. Toffoli
Linda C. Tong
Michael J. Tracy
Ruth Truman
John B. Vance
John Vander Velde
Lily A. Wallace
Brian L. White
Lisa Whitney
Jeffrey D. Willis
Michael F. Wintemute
Robert J. Yoder
Jay Zimmer
*Board of Directors
NOTE, that the above list is the result of the deletion of N. Kelly House and
Jeanne Stott.
Certificate of Corporate . jtary of
J. F. Shea Co., Inc.
June 30, 2000
Page 4
RESOLVED FURTHER, that either the President, Vice President or Assistant
Secretary of Shea Homes, Inc. is hereby authorized to execute and file on behalf
of this Corporation applications with the office of the California Real Estate
Commissioner, or the Colorado Real Estate Commissioner, for final Subdivision
Reports, or any similar document required or advisable with respect to all or any
portion of any real property which is owned by this corporation.
In testimony whereof, I have hereunto set my hand and the Corporate seal this 30th day of
June 2000.
J. F. SHEA CO., INC.
James's. Shoritere
Secretary
BACKGROUND DATA
CASE NO: GPA 00-Q9/ZCA 00-06/CT 97-16A/HDP 97-17A/CDP 97-43A/SDP 98-
04A/CDP 98-66A/SDP 98-18A/CDP 98-70A
CASE NAME: Kelly Ranch
APPLICANT: Kelly Land Company, Shea Homes, Archstone Communities
REQUEST AND LOCATION: To amend previously approved discretionary actions taken by
the City of Carlsbad on the Kelly Ranch "Core Area" reducing the number of single family
residential lots by seven, reducing the number of apartment units by 43, relocating future day
care and recreational vehicle storage areas, establishing modified open space preservation areas,
incorporating Kelly Ranch subdivision design elements of the Carlsbad Local Coastal Program,
amending the General Plan land use map and incorporating new text into the Carlsbad Zoning
Ordinance on property generally located south of Cannon Road and east of Faraday Avenue in
Local Facilities Management Zone 8.
LEGAL DESCRIPTION: A portion of Lot "I" of Rancho Agua Hedionda and a portion of Lot
"F" of Rancho Agua Hedionda all in the City of Carlsbad. County of San Diego. State of
California, according to map thereof No. 823. filed in the office of the county recorder of San
Diego County. November 16. 1896
APN: 208-020-37 and 38 Acres: 433 Proposed No. of Lots/Units: 171/598
GENERAL PLAN AND ZONING
Land Use Designation: RM/RLM/OS
Density Allowed: 0-15 Density Proposed: 3.12-13.9
Existing Zone: R-1/R-3/RD-M/OS Proposed Zone: N/A
Surrounding Zoning, General Plan and Land Use:
Zoning General Plan Current Land Use
Site R-1/R-3/RD-M/OS RM/RLM/OS Vacant
North R-l/OS RLM/OS Residential
South OS/C-M/R-1 OS/PI/RL Vacant
East OS/R-1 OS/RLM Residential
West OS/PU OS Vacant
PUBLIC FACILITIES
School District: Carlsbad Water District: Carlsbad Sewer District: Carlsbad
Equivalent Dwelling Units (Sewer Capacity): 598
ENVIRONMENTAL IMPACT ASSESSMENT
Negative Declaration, issued April 2, 2001
o CITY OF CARLSBAD o
GROWTH MANAGEMENT PROGRAM
LOCAL FACILITIES IMPACTS ASSESSMENT FORM
PROJECT IDENTITY AND IMPACT ASSESSMENT:
FILE NAME AND NO: KELLY RANCH GPA 00-09/ZCA QO-Q6/CT 97-16A/HDP 97-
17A/CDP 97-43A/SDP 98-04A/CDP 98-66A/SDP 98-18A/CDP 98-70A
LOCAL FACILITY MANAGEMENT ZONE: 8 GENERAL PLAN: RM/RLM/OS
ZONING: R-1/R-3/RD-M/QS
DEVELOPER'S NAME: Kelly Land Company
ADDRESS: 2011 Palomar Airport Road Suite 206 Carlsbad Ca 92009
PHONE NO.: 760-931-1190 ASSESSOR'S PARCEL NO.: 208-020-37 and 38
QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 433 acres
A. City Administrative Facilities:
B. Library:
C. Wastewater Treatment Capacity
D. Park:
E. Drainage:
F. Circulation:
G. Fire:
H. Open Space:
I. Schools:
J. Sewer:
K. Water:
L.
Demand in Square Footage = 2075.59
Demand in Square Footage = 1106.98
Demand in EDU
Demand in Acreage =
Demand in CFS =
Identify Drainage Basin =
Demand in ADT =
Served by Fire Station No. =
Acreage Provided =
Carlsbad School District
Demands in EDU
Demand in GPD =
598
4.15
N/A
B
5.068
= #5
240+
E: 142/JrH: 35/H:84
598
131.340
The project is 59 units above the Growth Management Dwelling unit allowance.
LEGEND
Property Line Boundary j
—— Zone 8 Boundary
Planning Area Boundary
A Planning Area
SOURCE: Project Design Consultants
PLANNING AREAS
Exhibit "ZZ"
May 2, 2001
1 ORDINANCE NO.
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING TITLE 21, SECTION
3 21.203.040 OF THE CARLSBAD MUNICIPAL CODE TO
4 MODIFY REGULATIONS RELATING TO COASTAL
RESOURCE PROTECTION.
5 CASE NAME: KELLY RANCH
CASE NO.: ZCA 00-06
6
The City Council of the City of Carlsbad, California does ordain as follows:
7
SECTION I: That Title 21, Chapter 21.203, Section 21.12.040 of the Carlsbad8
o Municipal Code, is amended by the revision of Subsection 21.12.040 (A) to read as follows:
10 A. Preservation of Steep Slopes and Vegetation
Any development proposal that affects steep slopes (25% inclination or greater) shall be
11 required to prepare a slope map and analysis for the affected slopes. Steep slopes arc
identified on the PRC Toups maps. The slope mapping and analysis shall be prepared
12 during CEQA environmental review on a project-by-project basis and shall be required as
a condition of a coastal development permit.
14 SECTION II: That Title 21, Chapter 21.203, Section 21.12.040 of the Carlsbad
15 Municipal Code, is amended by the revision of Subsection 21.12.040 (A)(l) to read as follows:
16 1. Outside the Kelly Ranch property. Ffor those slopes mapped as possessing
endangered plant/animal species and/or coastal sage scrub and chaparral plant communities, the
17 following policy language would appliesy:
* ° a. Slopes of 25% grade and over shall be preserved in their natural state,
unless the application of this policy would preclude any reasonable use of the
property, in which case an encroachment not to exceed 10% of the steep slope area
20 over 25% grade may be permitted. For existing legal parcels, with all or nearly all of
their area in slope area over 25% grade, encroachment may be permitted; however,
21 any such encroachment shall be limited so that at no time is more than 20% of the
entire parcel (including areas under 25% slope) permitted to be disturbed from its
22 natural state. This policy shall not apply to the construction of roads of the City's
Circulation Element or the development of utility systems. Uses of slopes over 25%
23 may be made in order to provide access to flatter areas if there is no less
environmentally damaging alternative available.
25 b. No further subdivisions of land or utilization of Planned Unit
Developments shall occur on lots that have their total area in excess of 25% slope
26 unless a Planned Unit Development is proposed which limits grading and
development to not more than 10% of the total site area.
27
c. Slopes and areas remaining undisturbed as a result of the hillside review
28 process, shall be placed in a permanent open space easement as a condition of
w
1 development approval. The purpose of the open space easement shall be to reduce the
potential for localized erosion and slide hazards, to prohibit the removal of native
vegetation except for creating firebreaks and/or planting fire retardant vegetation and
- to protect visual resources of importance to the entire community.
4 SECTION III: That Title 21, Chapter 21.203, Section 21.12.040 of the Carlsbad
5
Municipal Code, is amended by the addition of Subsection 21.12.040 (A)(2) to read as follows:
6
2. Within the Kelly Ranch property, for those slopes possessing
' endangered plant/animal species and/or coastal sage scrub and chaparral plant
communities, the following policy language applies;o
a. Coastal sage scrub and southern maritime chaparral plant
communities shall be preserved in their natural state within designated open
10 space areas shown on the LCP Kelly Ranch Open Space Map and addressed in
Policy 3-5 of the certified LCP land use plan.
11
b. The open space shown on the Kelly Ranch Open Space Map shall be
12 secured through conservation easements or dedicated in fee at the time of
subdivision approval. The easements shall be granted to the City of Carlsbad or
other public entity and maintained and managed as part of the LCP Kelly
,4 Ranch Open Space system.
15 c. Restoration of disturbed areas within the designated open space
through revegetation of disturbed areas and enhancement of existing vegetation
16 with native upland species shall be required, in consultation with the
Department of Fish and Game, as a condition-of subdivision approval. The
restoration and enhancement plan shall include a maintenance and monitoring
component to assure long-term productivity of the habitat value.18
d. Upon dedication of a conservation easement or in fee dedication, or
upon recordation of offers to dedicate the Kelly Ranch Open Space to the City of
20 Carlsbad or other public entity, development of steep slopes over 25% grade
may occur in areas outside the designated open space. Such encroachment shall
21 be approved by the Department of Fish and Game and the U.S. Fish and
Wildlife Service as consistent with the State and Federal Endangered Species
22 Act. Dedication will assure preservation of a viable upland habitat corridor and
scenic hillsides.23
e. Roads in Open Space; Access roads shall be a permitted use within
designated open space subject to an approved coastal development permit, only
25 when necessary to access flatter areas and when designed to be the least
environmentally damaging feasible alternative. Wildlife corridors shall be
26 required when necessary to facilitate wildlife movement through the open space
area.
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£ _ Siting/Parking. Due to severe site constraints, innovative siting and
design criteria (including shared use of driveways, clustering, tandem parking,
pole construction) shall be incorporated to minimize paved surface area.
Dwelling units shall be clustered in the relatively flat portions of the site.
4 g. _ Brush Management: A fire suppression plan shall be required for all
residential development adjacent to designated open space subject to approval
5 by the City of Carlsbad Fire Department. The fire suppression plan shall
incorporate a combination of building materials, sufficient structural setbacks
6 from native vegetation and selective thinning designed to assure safety from fire
hazard, protection of native habitat and landscape screening of the residential
structures. No portions of brush management Zones 1 and 2 as defined in the
City of Carlsbad Landscape Manual shall occur in designated open space areas.
Zone 3 may be permitted within designated open space upon written approval of
the Fire Department and only when native fire retardant planting is permitted to
replace high and moderate fuel species required to be removed.
10
11 SECTION IV: That Title 21, Chapter 21.203, Section 21.83.040 of the Carlsbad
12 Municipal Code, is amended by the renumbering of Subsection 21.203.040 (2) to be 21.203.040
13 (3).
SECTION V: That Title 2 1 , Chapter 2 1 .203, Section 2 1 .203 .040 of the Carlsbad
15
Municipal Code, is amended by the revision and addition to Subsection 21.203.040 (B)(4)(e) to
16
read as follows:
17
e. All construction activities shall be planned so that grading will occur in
units that can be easily completed within the summer construction season. All grading
, g operations shall be limited to April 1 to October 1 of each year All areas disturbed by
grading shall be planted within 60 days of initial disturbance and prior to October 1
20 with temporary or permanent (in the case of finished slopes) erosion control methods.
The October 1 grading season deadline may be extended with the approval of
21 the City Engineer subject to implementation by October 1 of erosion control
measures designed to prohibit discharge of sediments off-site during and after
22 the grading operation is completed. Extensions beyond November 15 may be
allowed in areas of very low risk of impact to sensitive coastal resources and may
•* be approved either as part of the original coastal development ermit or as a
. . formal amendment to an existin coastal develoment ermit.
25 Exception. If any of the responsible Resource Agencies prohibit grading
operations during the summer grading period in order to protect endangered or
26 rare species or sensitive environmental resources, then grading activities may be
allowed during the winter by a coastal development permit or permit
27 amendment.
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1
SECTION VI: That Title 21, Chapter 21.203, Section 21.203.040 of the Carlsbad
. Municipal Code, is amended by the revision and addition to Subsection 21.203.040 (B)(4)(j) to
4 read as follows:
5 j. All new development, substantial rehabilitation, redevelopment or related
activity, shall be designed and conducted in compliance with all applicable local
6 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
9 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
10 California Regional Water Quality Control Board (Regional Board Order No. 9042)
and any amendment, revision or re-issuance thereof.
11
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
14 (BMPs) which will effectively prevent runoff contamination, and minimize
runoff volume from the site in the developed condition, to the greatest extent
15 feasible. At a minimum, the following specific requirements shall be applied to
development of type and/or intensity listed below:
16
Residential Development
17
Development plans for, or which include residential housing development with
greater than 10 housing units shall include a drainage and polluted runoff
1Q control plan prepared by a licensed engineer, designed to infiltrate, filter or treat
the volume of runoff produced by each and every storm event up to and
20 including the 85th percentile 24-Hour storm and/or the maximum flow rate of
runoff produced by the 85th percentile hourly rainfall intensity, prior to
21 conveying runoff in excess of this standard to the storm water conveyance
system, as required by the California Regional Water Quality Control Board,
22 San Diego Region. Order No. 2001-01. or any update thereof. The plan shall be
reviewed and approved by the consulting soils engineer or engineering geologist
•* to ensure the plan is in conformance with their recommendations. The plan shall
_. be designed in consideration of the following criteria, and approved prior to
issuance of a coastal development permit;
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i. Maximize the percentage of permeable surfaces and green space to
26 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
27 so as to minimize the peak discharge into storm drains or receiving water bodies;
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1 ii. Use porous materials for or near walkwas and drivewas where
feasible;
2
iii. Incorporate design elements which will serve to reduce directly
connected impervious area where feasible. Options include the use of alternative
4 design features such as concrete grid driveways, and/or pavers for walkways.
Install rain gutters and orient them towards permeable surfaces rather than driveways
of iixitJwirjxiwcHJiw jUj/ivj^wjin or\j.wir 1.0 .m.c/iiitm.w pwiwv/mLivJxi yjj.ictm.xmi inm iiiw C.,I.DU.IHJ
instead of flowing off site.
6
iv. Runoff from driveways, streets and other impervious surfaces shall be
' collected and directed through a system of vegetated and/or gravel filter strips or
other media devices, where feasible. Selected filter elements shall be designed to
1) trap sediment, participates and other solids and 2) remove or mitigate
contaminates through infiltration and/or biological uptake. The drainage system
shall also be designed to convey and discharge runoff from the building site in a
10 non-erosive manner.
11 v. Selected BMPs shall be engineered and constructed in accordance
with the design specifications and guidance contained in the California
12 Stormwater Best Management Practices Handbook (Municipal).
13 vi. The plan must include provisions for regular insection and
maintenance of structural BMPs, for the life of the project.
15 Parking Lots
16 Development plans for, or which include parking lots greater than 5.000 sq. ft. in
size and/or with 25 or more parking spaces, susceptible to stormwater.. shall
incorporate BMPs effective at removing or mitigating potential pollutants of
concern such as oil, grease, hydrocarbons, heavy metals, and particulates from
stormwater leaving the developed site, prior to such runoff entering the
stormwater conveyance system, or any receiving water body. Options to meet
this requirement include the use of vegetative filter strips or other media filter
20 devices, clarifiers, grassy swales or berms. vacuum devices or a combination
thereof. Selected BMPs shall be designed to collectively infiltrate, filter or treat
21 the volume of runoff produced by each and every storm event up to and
including the 85th percentile 24-Hour storm and/or the maximum flow rate of
22 runoff produced by the 85th percentile hourly rainfall intensity. BMPs shall be
engineered and constructed in accordance with the guidance and specifications
3 provided in the California Stormwater Best Management Handbooks
Handbooks (Commercial and Industrial) aad—sized in accordance with the
guidance provided in the California Stormwatcr BMP Handbooks.
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All Development
2 A public education program shall be designed to raise the level of awareness of
, water quality issues around the lagoon including such elements as catch basin
stenciling and public awareness signs.
4 A landscape management plan shall be created that includes herbicide/pesticide
management.
5
Such measures shall be incorporated into project design through a water
6 quality/urban runoff control plan and monitoring program to ensure the
discharge from all proposed outlets is consistent with local and regional
' standards. Such measures shall be required as a condition of coastal
development permit approval at the subdivision staeo
SECTION VH: That Title 21, Chapter 21.203, Section 21.203.040 of the
10
Carlsbad Municipal Code, is amended by the addition of Subsection 21.203.040 (G) to read as
11
follows:
12
G. Within the Kelly Ranch, scenic public views from Interstate 5. Cannon Road
and Agua Hedionda Lagoon shall be preserved, as feasible, through the
following measures:
15 1. Landscaping and Setbacks: Use of trees or fire retardant vegetation
with substantial height as a landscape screen and/or setbacks from the
16 ridgelines and open space areas;
2. Building Colors; Exterior wall and roof colors shall be of low intensity
earth or vegetative tones. Stucco with accent materials such as tile,
natural stone, or other compatible natural building materials shall be
preferred. Roof colors shall be low intensity colors which blend with
the environmental setting of the roject;
20
3. Residential Building Height; Maximum height limits and variation in
21 roof heights shall be utilized, as necessary, to minimize visibility of
structures from scenic public roadways, public vista points and public
22 trails
23
24 SECTION VIII: That Title 21, Chapter 21.203, Section 21.203.040 of the
25 Carlsbad Municipal Code, is amended by the addition of Subsection 21.203.040 (H) to read as
26 follows:
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1 H. Within the Kelly Ranch, landscaping shall be utilized as a visual buffer and
be compatible with the surrounding native vegetation and preserved openf v m_ —z space by incorporation of the following measures:
1. All residential development shall be required to identify and
4 implement a landscaping plan that provides for installation of plant
species that are native or naturalizing, non-invasive and drought
5 tolerant to the maximum extent feasible. Ornamental (non-invasive)
vegetation shall be permitted in the interior of residential subdivisions
6 onlj
^ 2. Approved landscaping shall be installed immediately upon completion
of construction and maintained bv the property owners in good
growing condition for the life of the development;
9 3. Landscape screening of structures, including specimen trees and fire
10 retardant vegetation of substantial height, shall be required to screen
and soften the view of structures from 1-5, Cannon Road, Agua
11 Hedionda Lagoon, public trails and public vista points;
12 4. The landscape treatment shall cause the development to blend in with
the natural setting and present a visually cohesive appearance as
viewed from Agua Hedionda Lagoon, Cannon Road and Interstate 5
14
15 EFFECTIVE DATE: This ordinance shall be effective thirty days after its
16 adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be
17 published at least once in a newspaper of general circulation within fifteen days after its
18 adoption.
19 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
20
Council held on the day of , 2001, and thereafter.
21 "
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1 PASSED AND ADOPTED at a regular meeting of said City Council held on the
9
day of , 2001, by the following vote, to wit:
3 AYES:
4
NOES:
5
ABSENT:
6
ABSTAIN:7
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1 o CLAUDE A. LEWIS, Mayor
ATTEST:
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14 LORRAINE M. WOOD, City Clerk
15 (SEAL)
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