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HomeMy WebLinkAboutCDP 98-66A; Kelly Ranch; Coastal Development Permit (CDP)o CITY OF CARLSBAD LAND USE REVIEW APPLICATIION 1) APPLICATIONS APPLIED FOR: (CHECKBOXES) (FOR DEPARTMENT USE ONLY) [~"l f~| Administrative Permit - 2nd Dwelling Unit Administrative Variance Coastal Development Permit Conditional Use Permit Condominium Permit Environmental Impact Assessment General Plan Amendment Hillside Development Permit AAAoJ"DM6«J*T* ^n-n Local Coastal Plan Amendment Master Plan Non-Residential Planned Development Planned Development Permit (FOR DEPARTMENT USE OM-> QG [~| [~1 Planned Industrial Permit Planning Commission Determination Precise Development Plan Redevelopment Permit Site Development Plan Special Use Permit Specific Plan Tentative Porocl Mop Obtain from EngineeriQcjJiejjartment Tentative Tract Map Variance Zone Change List other applications not specified c o 2) 3) 4) ASSESSOR PARCEL NO(S).: PROJECT NAME: BRIEF DESCRIPTION OF PROJECT:TO -Up 5) OWNER NAME {Print or Type)6) APPLICANT NAME (Print or Type) MAILING ADDRESS MAILING ADDRESS 1\7. CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE C-A 1 CERTIFY THAT 1 AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRU£ AND/ CORRECT TO THE BEST OF MY KNOWLEDG 1 CERTIFY THAT 1 AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE /ABOVE INFORMATION IS TRUE AND CORRECT TdkTttE BEST"SF MY KNOWLEDGE. 1} BRIEF LEGAL DESCRIPTION NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED. MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED. MUST BE SUBMITTED PRIOR TO 4:00 P.M. Form 1 6 PAGE 1 OF 2 8)LOCATION OF PROJEO^ ON THE BETWEEN of STREET ADDRESS SIDE OF (NORTH, SOUTH, EAST, WEST)(NAME OF STREET) AND (NAME OF STREET)(NAME OF STREET) 9) LOCAL FACILITIES MANAGEMENT ZONE 10) PROPOSED NUMBER OF LOTS 13) TYPE OF SUBDIVISION 1 6) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 19) GROSS SITE ACREAGE 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 24)IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMEBERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE,PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO &ITRY FQBJHIS SIGNATURE FOR CITY USE ONLY FEE COMPUTATION APPLICATION TYPE FEE REQUIRED DATE RECEIVED DEC 1 9 2000 ARLSBAD RECEIVED BY: TOTAL FEE REQUIRED 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. 27 28 -2- £ _ 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. 28 -3- o 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; 25 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; 28 -4- 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. 25 26 27 28 -5- o 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: 27 28 -6- ^\^ 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 " 22 23 24 25 26 27 28 -7- 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 8 9 1 o CLAUDE A. LEWIS, Mayor ATTEST: 12 13 14 LORRAINE M. WOOD, City Clerk 15 (SEAL) 16 17 18 19 20 21 22 23 24 25 26 27 28 -8-