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HomeMy WebLinkAboutLCPA 97-09; Kelly Ranch; Local Coastal Program Amendment (LCPA) (11)I -. STAT2 OF CALIFORNIA -- THE RESOURCES AGENCY GRAY DAVIS. Governor CALIFORNIA COASTAL COMMISSION SANDEGOAREA 7575 METROPOLITAN DRIVE. SUITE 103 SAN DIEGO, CA 5’2108-4402 (619) 767-2370 September 11,2000 Mr. Gary Wayne Assistant Planning Director City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, CA 92008-7314 Re: Certification of Major Amendment #2-99D (Kelly Ran Dear Mr. Wayne: On July 11,2000 the California Coastal Commission approved the above referenced Local Coastal Program (LCP) amendment request. In its action, the Commission adopted land use and implementation plan revisions to the Carlsbad LCP. The attached modifications contain the specific changes adopted by the Commission. Before the amendment request can become effectively certified, the Executive Director must determine that implementation of the approved amendment will be consistent with the Commission’s certification order. This is necessary because the amendment was certified with suggested modifications. In order for the Executive Director to make this determination, the local government must formally acknowledge receipt of the Commission’s resolution of certification, including any terms or suggested modifications; and take any formal action which is required to satisfy them, such as revisions to land use policies, rezonings or other ordinance or map revisions. As soon as the necessary documentation is received in this office and accepted, the Executive Director will report hisher determination to the Commission at its next regularly scheduled public hearing. If you have any questions about the Commission’s action or this final certification procedure, please contact our office. Thank you and the other staff members who worked on this planning effort. We remain available to assist you and your staff in any way possible to continue the successful implementation of the local coastal program. A+ Sherilyn Sar District Manager cc: Christer Westman J Stephen Smith Christopher Neils (I\TIGERSHARK\groups\San DiegoWeportsUPnl!B9Krls LCPA 2-991) Certletter) Carlsbad LCPA 2-99D (- ‘ly Ranch) Certified Suggested Modifications Page 2 SUGGESTED MODIFICATIONS APPROVED IN LCPA 2-99D (KELLY RANCH) AS CERTIFIED BY THE COASTAL COMMISSION ON JULY 11, 2000 A. Agua Hedionda Land Use Plan Revisions 1. Revised Land Use Plan Mau - The City shall prepare a revised LCP Land Use Plan map, to replace Exhibit C contained in the certified Agua Hedionda LCP Land Use Plan, which shall incorporate the following changes: a. Revisions to the boundaries of Planning Areas A, B, ad C as prcposed in LCPX #2-99D Kelly Ranch; b. The land use designation on Planning Area A shd be revised hm the proposed RMH (8-15 dua) to RM (4-8 dua); c. The land use designation on Planning Area B shall be @en Space ad ths map shall delineate the boundary of Planning Area B to comespond to the area to be dedicated as Wetland Preserve to the Department of Fish and Game as shown on attached Exhibit 1 1. d. The land use designation on Planning Area C shall be revised from RMH (8-15 dua) to RLM (0-4 dua) as proposed by the City. 2. Revised Exhibit D - Wetlands - The City shall prepare a revised Exhibit D which shall indicate the boundary of the Wetland Preserve, i.e. Planning Area B and any potential wetlands located on proposed Planning Areas A and C or other locations with the Agua Hedionda Lagoon LUP segment and outside the Wetland Preserve. The map shall contain a note indicating an exact delineation of wetlands within any planning area shall be required prior to filing a coastal development permit application for future development. 3. Permitted Uses in WetlandsBuffers - Section 30233 shall be added to the text of the Zertified Agua Hedionda Land Use Plan after Section 30240 on Page 22. Additionally, Policy 3.1 shall be revised to read as follows: 3.1 Kellv Prouertv. No development shall occur within the boundaries of the Wetland Preserve except to the extent necessary for resource maintenance and resource management, or as approved by the State Department of Fish and Game. All allowable development within the Wetland Preserve shall be consistent with Section 30233 of the Coastal Act. No development shall occur within wetlands that are outside of the Wetland Preserve except to the extent such development is c Carlsbad LCPA 2-99D (Kcliy Ranch) Certified Suggested Modifications Page 3 consistent with Section 30233 of the Coastal Act. Any wetlands outside of the preserve boundaries shall be delineated as part of the coastal development pennit process prior to development approval. a) A buffer strip of at least 100 feet in width shall be maintained in a natural condition around the perimeter of all delineated wetlands to protect the functions and values of wetlands. The width of the buffer may be increased as determined on a case by case basis, in consultation with the State Department of Fish and Game, taking into consideration the type and size of development, the sensitivity of the wetland resources to detrimental edge effects, natural features such as topography, and the functions and values of the wetland, including the need for upland transitional habitat. In no case shall a buffer of less than 100 feet in width be permitted. b) Fencing shall be required near or adjacent to improved pedestrian and vehidar travelways to prevent uncontrolled access of persons or domestic animals into the wetland or environmentally sensitive areas; and c) No vehicle, pedestrian, or equestrian access shall be permitted Within either the wetlands, environmentally sensitive habitat areas, and buffer areas, except for resoilrce management, passive recreational uses and educational purposes. Access improvements shall be permitted only within the upper half of the required buffer. 4. Landscaping Reauirements. - Add new Section 3.12 to read: Landscaping shall be utilized as a visual buffer and be compatible with the surrounding native vegetation and preserved open space. All development shall be required to identify and implement a landscaping plan that provides for ~s~~M~QII of plant species that are native or non-invasive and drought tolerant to the IIlitximum extent feasible. Ornamental (non-invasive) vegetation shall be permitted withixc the interior of residential subdivisions only. 5. Landform Alteration - Policy 4.4 shall be revised to read as follows: 4.4 Recognizing the unique environmental features of the lagoon and its environs and the sensitivity of the area to soil erodibility and sedimentation, development shall be regulated as follows: a. Development on existing subdivided lots having all of their area in slopes of 25% or greater shall be permitted, but grading shall be limited to minimal site preparation for pole type footings. Driveway, parking mas shall be Iimited in size and shall be restricted to an area adjacent to the local streets. On site vegetation shall not be disturbed beyond the minimal area needed to be cleared for the construction process, which shall be clearly delineated on approved site plans. b. Development, grading and landform alteration of natural steep sIope areas (25%) shall be avoided, when feasible. Any unavoidable disturbance shall be minimized to the extent possible. Exceptions may include encroachments by roadway and utilities necessary to reach flatter developable areas, when there is no feasible less Carlsbad LCPA 2-99'1) lly Ranch) Certified Suggested Modifications Page 4 environmentally damaging alternative. The maximum allowable density shall Ere calculated on the total lot area, although this may be modified through setbacks, plan review, or other requirements of this plan and applicable city regulations. c. Use of the Planned Development (PD) Ordinance and cluster development shall be required in areas containing environmentally sensitive resources, extensive steep slope areas and significant natural landform features. 6. Revised Exhibit J - Public Trails - The City shall prepare a revised Exhibit J which extends the public access trail along the nod shore of &e lagoon within Planning Area A to connect with Park Drive east of Planning Area A. 7. Public WorkdGated Communities - Policy 5.9 (c) shall be revised to read as folIows: c. Dedication of easements and provisions for funding ail public hpmvements required by this plan and other city plans and ordinances, shall be a requirement for new development. Improvements shd1 include utility txtensims, mzdways, %icycfe ard pedestrian access to designated viewpoints, and my otfie~ pubiic improvements necissary to accommodate the proposed development. Public acts trds io anb &rig &e lagam shall be provided consistent with the Pedestrian Access Plan (Exhibit J) where feasibIe, in consultation with the Department of Fish and Game. Public access and parking on interior streets shall be required as a condition of coastal development appmvd at the sihdivision stage either through a public street system, public access easements or deed restriction. No private gated communities which preclude the general public from parking and accessing public trails along the lagoon shall be permitted. 8. Water Oualitv - Add Section 5.10 to read: All new development, substantial rehabilitation, redevelopment or related activity, shalI be designed and conducted in compliance with all applicable local ordinances including Chapter 15.12 of the Carlsbad Municipal Code StomaterMamgmazt and Discharge Control Ordinance, the Standard Specifications for Public Works Construction when performing public work, and applicable provisions of the NPDES General Permit for Storm Water Discharges Associated with Construction Activity issued by the State Water Resources Control Board (State Board Order No. 92-OS-DWQ), and any subsequent amendments, and the San Diego NPDES Municipal Storm Water Permit issued to San Diego County and Cities by the CaIifornia Regional Water Quality Control Board (Regional Board Order No. 90-42) and any amendment, revision or re-issuance thereof. In addition the following shall apply: New development and significant redevelopment of private and publicly owned properties, must incorporate design elements andor Best Management Practices (BMPs) which will effectively prevent runoff contamination, and minimize runoff volume from the site in the developed condition, to the greatest extent feasibIe- At a minimum, the following specific requirements shall be applied to development of type andlor intensity listed below: 1 I. Carlsbad LCPA 2-99D (Kerly Ranch) Certified Suggested Modifications Page 5 Residential Development Development plans for, or which include residential housing development with pter than 10 housing units shall include a drainage and polluted runoff control plan prepared by a licensed engineer, designed to infiltrate, filter or treat the volume of runoff produced from each and every storm event up to and including the 85* percentile 24-hour runoff event, prior to conveying runoff in excess of this standard to the stormwater conveyance system. The plan shall be reviewed and approved by the consulting soils engineer or engineering geologist to ensure the plan is in conformance with their recommendations. The plan shall be designed in consideration of the following criteria, and approved prior to issuance of a coastal development permit: a. b. C. d. e. f. Maximize the percentage of permeable surfaces and green space to allow more percolation of runoff into the ground and /or design site with the capacity to convey or store peak runoff from a storm and release it at a slow rate so as to minimize the peak discharge into storm drains or receiving water bodies; Use porous materials for or near walkways and driveways where feasible; Incorporate design elements which will serve to reduce directIy connected impenious area where feasible. Opeions include the use of alternative design features such as concrete grid driveways, andor pavers for walkways. Runoff from driveways, streets and other impervious surfaces shall be collected and directed through a system of vegetated ador gravel filter strip or other media filter devices, where feasible. Selected filter elements shall be designed to 1) trap sediment, particulates and other solids and 2) remove or mitigate contaminants through infitration andor biological uptake. The drainage system shall also be designed to convey and discharge runoff from the budding site in a non-erosive manner. Selected BMPs shall be engineered and constructed in accordance with the design specifications and guidance contained in the California Stormwater Best Management Practices Handbook (Municipal). The plan must include provisions for regular inspection and maintenance of structural BWs, for the life of the project. Parking Lots Development plans for, or which include parking lots greater than 5,000 sq.ft. in size andor with 25 or more parking spaces, susceptible to stormwater shall: a. Incorporate BMPs effective at removing or mitigating potentid pouutants of concern such as oil, grease, hydrocarbons, heavy metals, and particulates from stormwater leaving the developed site, prior to such runoff entering the Carlsbad LCPA 2-99D -. zlly Ranch) Certified Suggested Modifications Page 6 stormwater conveyance system, or any receiving water body. Options to meet this requirement include the use of vegetative filter strips or other media filter devices, clarifiers, psy swales or berms, vacuum devices or a combination thereof. Selected BMPs shall be designed to collectively infiltrate, filter or treat the volume of runoff produced from each and every storm event up to and including the 85* percentile 24-hour runoff event. BMPs shall be engineered and constructed in accordance with the guidance and specifications provided in the California Stormwater Best Management Handbooks (Commercial and Industrial). All Development a. A public education program designed to raise the level of awareness of water quality issues around the lagoon including such elements as catch basin SterZEillng and public awueness sips; b. A landscape management plan &at incindes krbkide.@&cide management. Such measures shall be incorporated into project design through a water qudity/urban runoff control plan and monitoring program to ensure the dischwge from all proposed outlets is conzictent with lor4 and regjonal standards, Such hc;;su~es sbal! be required as a condition of coastal development permit approval at the subdivision andor development stage, as appropriate. 9. Public Views - Add the following to Policy 8.3 which addresses regulation of development located between the road and the shorehe: Ea-dl e. Any residential subdivision on Planning Area A shall be designed to preserve natural landforms and shall provide a public view corridor at the western property line of sufficient width to preserve the existing view towards the lagoon in that location. At least one additional view corridor shall be provided across the central portion of the site, such that the totai width of at least two view corridors is not less than 200 feet. The public view corridor(s) shall be kept free of all structures and free of landscaping which at maturity would rise above a reasonable viewline from vehicles passing on the public road. The view corridor shall be secured through deed restriction or easement as a condition of subdivision approval. B. Mello II Land Use Pian Revisions 10. Revised Land Use Plan and Zoning Maps - The City shall prepare revised LCP Land Use Plan and Zoning maps, to replace the approved Kelly Ranch Master Plan, for the Mello II LCP segment. The revised maps shall delineate the proposed Planning Areas D through L and the residential land use designation and zoning assigned to each area as follows: L ., . . , .- Carlsbad LCPA 2-99D (Keuy Ranch) Certified Suggested Modifications Page 7 Planning Area D E F G H I J K L Land Use Designation RMH (8-15 dua) RM (4-8 dua) OS (Open Space) RMH (8-15 dua) RMH (8-15 dua) RLM (0-4 dua) RLM (0-4 dua) RM (4-8dua) RM (4-8dua) Zoning R-34 (Mdti-h~~) R-1 (One-Family) OS (Openspace) R-3-Q (Multi-f~~~~) R-3-Q (Mufti-fam-) R-1-Q (One-Family) R- I -Q (One-Family) RD-M-Q (Multi-fm.) RD-M-Q (Multi-fa) 1 1. Revised ODen %ace Mar, - The City shall prepare a revised LCP Kelly Ranch Open Space map for the entire Kelly Ranch which shall include Planning Area boundaries and topography and shall delineate the following areas, shown in concept on Exhibit 17, as open space. The exact location of the open space boundary shall be determined utilizing a recent topographic survey and aerial photography, to be prepared by the City for review and written approval by the Executive Director, prior to submittal to the City Council- a. %. C. d, e. Planning Areas B and F in their entirety, as proposed; Revise the open spz.st delineation in Planning Area D to extend the southern limit of the proposed open space west to Cannon Road such that aU of Ylanning Area D northern of the southern limit of the “hardline” is open space (as shown in concept on Exhibit 14); however, this open space delineation may be modified to accommodate daycare facilities and RV parking which meet the following criteria, subject to an approved coastal development permit: a) In no case shall the designated open space corridor be less than 800 feet including the desiltation basin on Planning Area E; b) No development shall encroach into jurisdictional wetlands mapped by the ACOE c) The facilities shaU be located on the least environmentally sensitive portion of the site, and withirr non-native grassland andor disturbed agricultural area to the maximum extent possible; and, d) The area utilized for tha uses shall be the minimuin size necessary to satisfy the requirements of the City of Carlsbad Zoning Code Planning Areas H and K, open space boundaries as proposed; Revise the open space delineation in Planning Area I to include the proposed access roads; Revise the open space delineation in Planning Area J to include the proposed access roads, proposed lots 72,73 and 74 and the north-facing slopes adjacent to those lots. Also, the eastern limit of the open space delineation on the west- facing slopes of Planning Area J shall extend up to the ridgeline and include the slopes greater than 25% grade as shown on the Steep Slope Analysis-Kelly Ranch dated 8-21-97 (and shown in concept on Exhibit 15); and, -_ Carlsbad LCPA 2-99D Jly Ranch) Certified Suggested Modifications Page 8 f. The open space delineation on Planning Area L shall include the northern and eastern portion of the planning area including the east and north facing slopes greater than 25% grade, as shown on the Slope Analysis -Area L submitted 9-24-99, the Diegan Coastal Sage Scrub as shown on the Vegeration Mapping prepared by P1-g Systems attached as Exhibit 21, and the fiat, disturbed ridgeline north of the approximate 195 foot contour. This open space is shown in concept on Revised Exhibit 16. 12. New Mello II Land Use Plan Policies 1-1 and 1-2. The following ~licies shall be added as new Policies 1-1 and 1-2 EO the Mello 11 hd Use ?h *regari%ag &odIe land uses and maximum density of development. Policv 1-1 Allowable Land Uses Nello IQ Allowable uses are those that are consistent with both the herd Plaa mi the Local coastal Program. Policv i-2 M;trimum Densitv ofkve'loonent Residential densities shall be permitted and based on the underlying LC? land use designation. The residential land use desi@ons shall rtpresent the maximum densi? permitted subject to application of requested demity bournes pursuant to Chapter 31 86 of the Carkbad Municipal Code and the applicable resource p~uiection provisions of the certified LCP. 13. Revisions to Policy 3-5 Kelly Pointhfacario Canvon Area -Poiicy ?-5 dtfieMeffa II LUP shall be revised to read as follows: Policy 3-5- Kelly RanchMacario Canyon (a) Maximum Densitv of Development 1) Residential densities in the 433 am Kelly Ranch shall be permitted and based on the underlying LCP Land Use designation. The residential land use designations shall represent the maximum density permitted subject to application of requested density bonuses pursuant to Chapter 21.86 of the Cadsbad Municipal Code and the applicable resource protection provisions of the cdied LCP- 2) Approximately 2.8 acres located adjacent to and west of Cannon Road are designated Qpen Space with an interpretive center for Agua Hedionda Lagoon designated as a allowable use. deleted by DCP amendment of 1-85. (b) Agriculture. Agricultural preservation policies for the 433-acre Kelly have been (c) Preservation of SteeD Slopes. Sensitive Vegetation and Erosion Control Any develapment proposd that affects steep slopes (25% inclination or greater) shall be required to prepare a slope map and analysis far the affected dopes. The slope Carlsbad LCPA 2-99D (KUIY Ranch) Certified Suggested Modifications Page 9 mapping and analysis shall be prepared during CEQA environmental review on a project-by-project basis and shall be required as a condition of a coastal development permit. 1) Areas and Slopes Possessing Endangered Species and/or Coastal Sage Scrub and Chaparral Plant communities: For those slopes possessing endangered plant/animal species and/or coastal sage scrub and chaparral plant communities, the following policy language applies: (a) Coastal sage scrub and chaparral plant communities shaU be preserved in their natural state within designated open space areas shown on the LCP Kelly Ranch Open Space map. (b) Restoration of the disturbed areas within the delineated open space shall be required as a condition of subdivision approval and shall be developed in consultation with the Department of Fish and Game. The disturbed areas shall be revegetated and existing vegetation enhanced with native species to serve as upland transitional habitat to low-lying wetlands and environmentally sensitive habitat areas north and west of Cannon Road. The restoration and enhancement plan shaU include a maintenance md rnonitoring component to assure long-term productivity and continuance of the habitat value. (c) Upon dedication of a conservation easement or in fee dedication, or upon recordation of offers to dedicate the Kelly Ranch Open Space to the City of Carlsbad or other public entity, development of steep slopes over 25% grade may occur in areas outside the designated open space. Such encroachment shall be approved by the Department of Fish and Game. and the U.S Fish and Wildlife Service as consistent with the State and F%dd Endangered Species Act. Dedication will assure preservation of a viable upland habitat corridor and scenic hillsides. (d) Slopes and habitat areas within the designated open space shall be placed in a permanent open space conservation easement or dedicated in fee as a condition of subdivision 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 authorized firebreaks andor planting fxe retardant vegetation and to protect visual resources of importance to the entire community. The easement shall be granted to the City of Carlsbad to be maintained and managed as part of the LCP open space system for Kelly Ranch. 2) Drainage and Runoff Rates: Drainage and runoff shall be controlled so as not to exceed at any time the rate associated with the property in its present state, and appropriate measures shall be taken on and/or offsite to prevent siltation of lagoons and other environmentally sensitive areas. Carlsbad LCPA 2-99D .lly Ranch) Certified Suggested Modifications Page 10 3) Installation Timing of Drainage and Runoff Control Measures: The appropriate measures shall be installed prior to onsite grading. (d) Park Pumoscs (Macario Canyon): Park purposes shall be a permitted use compatible with this land use designation provided that any park construction is subject to the slope preservation provisions of 3-5 C above. (e) Brush Management: A fire suppression pian shall be required fop all residential development adjacent to designated open space subject to approval by the City of Carlsbad Fire Department. The fire suppression plan shall incorporate a combination of building materials, sufficient structural setbacks from native vegetation and selective thinning designed to assure safety from frre hazard. protection of native habitat, and landscape screening of the residential structures. 50 portions ofhsfi rmagemzt Zors 1 and 2 as defined in the City of Carlsbad Tadscme MmmI &all =cur in desigard open space areas. Zone 3 may be permitted within-designat4 opea space npon writren 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. (0 SitindlWcinq. Due to severe site constrakts, innovative sitkg 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. (g) Roads in Open Space: Access roads shall be a permitted use within designated%pen space subject to an approved coastal development Permit, only when necessary to access flatter areas and when designed to be the least environmentally damaging feasible alternative. Wildlife corridors shall be required when necessary to facilitate wildlife movement through the open space area (h) Other Uses in ODen Space: The designated open space on Planning Area D may be modified to accommodate daycare facilities and RV parking which meet the following criteria, subject to an approved coastal development permit: 1) In no case shall the designated open space corridor be less than 800 feet including the desiltation basin on Planning Area E; 2) No development shall encroach into jurisdictionat wetlands mapped by the ACOE; 3) The facilities shall be located on the least environmentally sensitive portion of the site and within non-native grassland andor disturbed agricultural area to the maximum extent possible; and, h Carlsbad LCPA 2-99D (kelly Ranch) Certified Suggested Modifications Page 11 4) The area utiIized for these uses shall be the minimum size necessary to satisfy the requirements of the City of Carlsbad Zoning Code. 14. Water Quality - Add the following as new subsection Policy 3-5 (i): All new development, substantial rehabilitation, redevelopment or related activity, shd be designed and conducted in compliance with all applicable local ordinances including Chapter 15.12 of the Carlsbad Municipal Code S tormwater Management and Discharge Control Ordinance, the Standard Specifications for Public Works Construction when performing public work, and applicable provisions of the NPDES General Permit for Storm Water Discharges Associated with Construction Activity issued by the State Water Resources Control Board (State Board Order No. 92-08-DWQ), and any subsequent amendments, and the San Diego "DES Municipal Storm Water Permit issued to San Diego County and Cities by the California Regional Water Quality Control Board (Regional Board Order No. 90-42) and any amendment, revision or re-issuance thereof. In addition the following shall apply: New development and significant redevelopment of private and publicly owned properties, must incorporate design elements andor Best Management Practices (BMPs) which will effectively prevect runoff contamination, and minimize runoff volume from the site iil the developed condition, to the greatest extent feasible. At a minimum, the following specific requirements shall be applied to development of type and/or intensity listed below: Residential Development Development plans for, or which include residential housing development with greater than 10 housing units shall include a drainage and polluted runoff control plan prepared by a licensed engineer, designed to infiltrate, filter or treat the volume of runoff produced from each and every storm event up to and including the 85* percentile 24-hour runoff event, prior to conveying runoff in excess of this standard to the stormwater conveyance system. The plan shall be reviewed and approved by the consulting soils engineer or engineering geologist to ensure the plan is in conformance with their recommendations. The plan shall be designed in consideration of the following criteria, and approved prior to issuance of a coastal development permit: a. Maximize the percentage of permeable surfaces and green space to allow more percolation of runoff into the ground and /or design site with the capacity to convey or store peak runoff from a storm and release it at a slow rate so as to minimize the peak discharge into storm drains or receiving water bodies; b. Use porous materials for or near waikways and driveways where feasible; c. Incorporate design elements which will serve to reduce directly connected impervious area where feasible. Options include the use of alternative design features such as concrete grid driveways, and/or pavers for walkways. Carlsbad LCPA 2-99D (-Jy Ranch) Certified Suggested Modifications Page 12 d. Runoff from-driveways, street and other imperviou surfaces shall be collected and directed through a system of vegetated and/or gravel filter strips or other media filter devices, where feasible. Selected filter elements shall be designed to 1) trap sediment, particulates and other solids and 2) remove or mitigate contaminants through infiltration and/or biological uptake. The dramage system shall also be designed to convey and discharge runoff from the building site in a non-erosive manner. e. Selected BMPs shall be engineered and constructed in dance with the design specifications and guidance contained in the California Stormwater Best Management Practices Handbook (Municipal). f. The plan must include provisions for regular inspection and maintenaace of structural BMPs, for the life of the project. Parking Lots Development plans for, or which include parking lots greater than 5,OOO sq.ft. in size and/or with 25 or more parking spaces, susceptible to stormwater shall: a. Incorporate BMPs effective at removing or mitigating potential pollutants of concern such as oil, grease, hydrocarbons, heavy metals, and particulates from stormwater leaving the developed site, prior to such runoff entering the stomwater conveyance system, or any receiving water body. Options to meet this requirement include the use of vegetative filter strips or other media filter devices, clarifiers, grassy swales or berms, vacuum devices or a combination thereof. Selected BMPs shall be designed to collectively infiltrate, filter or treat the volume of runoff produced from each and every storm event up to and including the 85* percentile 24-hour runoff event. BMPs shall $e engineered and constructed in accordance with the guidance and specifications provided in the California Stormwater Best Management Handbooks (Commercial and Industrial). All Development a. A public education program designed to raise the level of awareness of water quality issues around the lagoon kluding such elements as catch basin stenciling and public awareness signs; b. A landscape management plan that includes herbiciddpesticide management. Such measures shall be incorporated into project design through a water qualityhrban runoff control plan and monitoring program to ensure the discharge from all proposed outlets is consistent with local and regional standards. Such measures shall be required as a condition of coastal development permit approval at the subdivision and/or - Carlsbad LCPA 2-99D (Ktliy Ranch) Certified Suggested Modifications Page 13 development stage, as appropriate. 15. Vista Points - Add the following as new subsection Policy 3-5 (i) and develop a Scenic Resource map indicating the designated vista point(s) within Kelly Ranch: j) Public vista points shall be provided at two locations, one in Planning Area J and the other either entirely within Planning Area L or including portions of Planning Area L and the disturbed high points of adjacent Planning Area D, tu provide views of the Pacific Ocean, Agua Hedionda Lagoon and its environs, and shall be accessible to the public at large. Vista points may be located in disturbed open space areas subject to approval by the Department of fish and Game. Support parking shall be provided and may be located either on-street or off-street within close proximity to the vista point(s). Dedications necessary to provide the vista points and access to the vista points shall be a condition of coastal development permit approval at the subdivision stage. 16. Public Trails - Add the foilowing as new subsection Policy 3-5 (k) of the Mello fl land use plan delineating the approved public trails system for Kelly Ranch (k) A public trails system that Iillks Agua Hedionda Lagcon, the interpretive center, the street system, open space areas and public vista point(s) shd be provided in consultation with California Department of Fish and Game. Trails provided outside of the public right-of-way shall be dedicated by easemnt as a condition of subdivision approval. Trail improvements may be a combination of sidewalks within the public right-of-way and, for segments located outside of the public right-of-way, as defined in the Open Space Conservation and Resource Management Plan. Trails shall be installed concurrent with residential development and are indicated on Exhibit 19 (Conceptual Open Space & Conservation Map). 17. Public Streets/Gated Communities - Add the following as new subsection Poky 3-5 (1) : (1) The street systems shall provide public access and support parking for the public trail system and vista points in the residential developments located in Planning Areas J, K and L of Kelly Ranch. Public access may be provided through public streets, or private streets with public access easements or deed restriction. Private gated communities shall not be permitted within those planning areas. C. Mello II Implementation PIan Revisions 18. Preservation of Steep Slows. Revise Section 21.203.040(A) of the Coastal Resource Protection Overlay Zone to read as follows: -- Carlsbad LCPA 2-99D illy Ranch) Certified Suggested Modifications Page 14 2 1.203.040 DeveloDment Standards. The following specific development standards shall be applied to areas within the Coastal Resource Protection Overlay Zone as part of the coastal development pennit. Such standards shall control, notwithstanding the provisions of the underlying zone and shall include: A. Preservation of Steer, SIoues and Vevetation Any development proposal that affects steep slopes (25% incIination or greater) shall be required to prepare a slope map and analysis far the affected slopes. The slope mapping and analysis shall be prepared during CEQA environmental review on a project-by-project basis and shall be required as a condition of a coastal development permit. 1. Outside the Kelly Ranch property, for those slopes possessing endangered pladanimal species andlor coastal sage scrub and chapad plant communities, the following poiicy language qpiies: a. Slopes of 25% grade and over shd be preserved in their natural state, unless the application of this poky would preclude any reasonable use of the property, in which case an encroachment not to exceed 10% of the steep slope area over 25% grade may be permitted. For existing legal parcels, with all or -:xAy all of rheir ma h shpe area ow 25% grade, encroachment: ray be permitted; however, any such encroachment shall be limited so that at no time is more than 20% of the entire parcel (including areas under 25% slope) permitted to be disturbed from its natural state. This poky shall not apply to the construction of roads of the City's Circulation Element or the development of utility systems. Uses of slopes over 25% may he made in order to provide access to flatter areas if there is no less environmentally damaging alternative available. b. No further subdivisions of Iand or utilization of Planned Unit Developments shall occur on lots that have their total area in excess of 25% slope unless a Planned Unit Development is proposed which limits grading and development to not more than 10% of the total site area. c. Slopes and areas remaining undisturbed as a result of the hillside review process, shall be placed in a permanent open space easement as a condition of development approval. The purpose of the open space easement shall be to reduce he potential for Iocahed emsion and slide hazards, to prohibit the removal of native vegetation except for creating firebreaks and/or planting fue retardant vegetation and to protect visual resources of importance to the entire community. 2. Within the Kelly Ranch property, for those slopes possessing endangered plantlanirnal species and/or coastal sage scrub and chaparral plant communities, the following policy language applies: _- Carlsbad LCPA 2-991) (Kelly Ranch) Certified Suggested Modifications Page 15 a. Coastal sage scrub and southern maritime chaparral pat communities shall be preserved in their natural state within designated open space areas shown on the LCP Kelly Ranch Open Space Map and addressed in Policy 3-5 of the certified LCP land use plan. b. The open space shown on the Kelly Ranch Open Space Map shall be secured through conservation easements or dedicated in fee a& 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 Kdy Ranch Open Space system. c. Restoration of disturbed areas within the designated open space through revegetation of disturbed areas and enhancement of existing vegetation with native upland species shall be required, in consultation with the Department of Fish and Game, as a condition of subdivision approval. The restoration and enhancement plan shall include a maintenance and monitoring component to assure long-term productivity of the habitat value. d. Upon dedication of a conservation easement or in fee dedication, OE upon recordation of offers to dedicate the Kelly Ranch Open Space to the City of CarJsbd or cither public entity, development of steep slopes over 5% grade may occur in areas outside the designated open space. Such encroachment shall be approved by the Department of Fish and Game and the U.S Fish and Wildlife Service as consistent with the State and FederaI Endangered Species Act. Dedication will assure preservation of a viable upland habitat corridor and scenic hillsides. e. Roads in ODen Soace: Access roads shall be a permitted use within designated open space subject to an approved coastal development pennit, only when necessary to access flatter areas and when designed to be the least environmentally damaging feasible alternative. Wildlife corridors shall be required when necessary to facilitate wildlife movement through the open space area. f. SitindParking. 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. g. Brush ManaPement: A fire suppression plan shall be required for all residential development adjacent to designated open space subject to approval by the City of Carlsbad Fire Department. The fire suppression plan shall incorporate a combination of building materials, sufficient structural setbacks from native vegetation and selective thinning designed to assure safety from fire hazard, protection of native habitat, and Iandscape screening of the residential structures. No portions of brush management Zone I and 2 as c Carlsbad LCPA 2-99D , Aly Ranch) Certified Suggested Modifications Page 16 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. 3. For all other slope areas ,........ 19. Grading Season - Revise Section 21.203.040 (B) 4) e) as follows: e. All construction activities shall be planned so that grading will occur in units that can be easily completed within the summer construction season. All grading operations shall be limited to April 1 to October 1 of each year. AU areas disturbed by grading shall be planted within 60 days of ;hitid distvmbance md prior to October 1 with temporary or Fmanent (in &e case of finished sicpes) erosion control methods. The October I gracing seascn defirze say be extended with the approval of the City Engineer subject to implementation by October 1 of erosion control measures designed to prohibit discharge of sediments off-site during and after the grading operation is completed. Extensions beyond November 15 may be allowed in areas of very low risk of impact to sensitive coa~:al resources and may be approved tither as part of the origkii coastal development permit or as a formal amendment to an existing coastal development permit. Exception. If any of the responsible Resource Agencies prohibit grading operations during the summer grading period in order to protect endangered or rare species or sensitive environmental resources, then grading activities may be allowed during the winter by a coastal development permit or permit amendment. 20. Water Oualitv - Add the following as new Section 21.203.040 (B) 4) j): All new development, substantial rehabilitation, redevelopment or related activity, shall be designed and conducted in compliance with all appiicable local ordinances including Chapter 15.12 of the Carlsbad Municipal Code Stormwater Management and Discharge Control Ordinance, the Standard Specifications for Public Works Construction when performing public work, and applicable provisions of the WDES General Pennit for Storm Water Discharges Associated with Construction Activity issued by the State Water Resources Control Board (State Board Order No. 92-08-DWQ). and any subsequent amendments, and the San Diego "DES Municipal Storm Water Permit issued to San Diego County and Cities by the California Regional Water QuaIity Control Board (Regional Board Order No. 90-42) and any amendment, revision or re-issuance thereof. In addition the following shall apply to development within KeUy Ranch: Carlsbad LCPA 2-99D (Kelly Ranch) Certified Suggested Modifications Page 17 New development and significant redevelopment of private and publicly owned properties, must incorporate design elements andor Best Management Practices (BMPs) which will effectively prevent runoff contamination, and minimize runoff volume fiom the site in the developed condition, to the greatest extent feasible. At a minimum, the following specific requirements shall be applied to development of type and/or intensity listed below: Residential Development Development plans for, or which include residential housing development with- greater than 10 housing units shall include a drainage and polluted runoff control plan prepared by a licensed engineer, designed to infiltrate, fiIter or treat the volume of runoff produced from each and every storm event up to and including the percentile 24-hour runoff event, prior to conveying runoff in excess of this standard to the stomwater conveyance system. The plan shall be reviewed and approved by the consulting soils engineer or engineering geologist to ensure the plan is in conformance with their recommendations. The plan shall be designed in consideration of the following criteria, and approved prior to issuance of a coastal development pennit: a. Maximize the percentaqe of permeable surfaces and pen space to alXow more percolation of runoff into the ground and /or design site with the capacity to convey or store peak runoff Erom a storm and release it at a slow rate so as to minimize the peak discharge into stom drains or receiving water bodies; b. Use porous materials for or near walkways and driveways where feasible; c. Incorporate design elements which will serve to reduce directly connected impervious area where feasible. Options include the use of alternative desigd features such as concrete grid driveways, andor pavers for walkways. d. Runoff from driveways, streets and other impervious surfaces shall be collected and directed through a system of vegetated andor gravel filter strips or other media filter devices, where feasible. Selected fdter elements shall be designed to 1) trap sediment, particulates and other solids and 2) remove or mitigate contaminants through infiltration and/or biological uptake. The drainage system shall also be designed to convey and discharge runoff from the building site in a non-erosive manria-. e. Selected BMPs shdI be engineered and constructed in accordance with the design specifications and guidance contained in the California Stomwater Best . Management Practices Handbook (hknicipal). f. The plan must include provisions for regular inspection and maintenance of structural BMPs, for the life of the project. 1 Carlsbad LCPA 2-99D ;Ily Ranch) Certified Suggested Modifications Page 18 Parking Lots Development plans for, or which include parking lots 5ater than 5,000 sq.ft. in size and/or with 25 or more parking spaces, susceptible to stormwater shall: a. Incorporate BMPs effective at removing or mitigating potential pollutants of concern such as oil, grease, hydrocarbons, heavy metals, and particulates from stormwater leaving the developed site, prior to such runoff entering the stormwater conveyance system, or my receiving water body. Options to meet this requirement include the use of vegetative fiiter strips or other media am- devices, clarifiers, grassy swales or berms, vacuum devices or a combination thereof. Selected BMPs shall be designed to collectively infiltrate, filter or treat the volume of runoff produced from each and every storm event up to and including the 85* percentile 24-hour runoff event. BMPs sM1 be engineered and consuucted in accordance with the guidance and ~pe~irktti~n~ provided in the California Stomwater Best &Management HanQwoks (Commercial and Industrial). All Development a. A public educdon program desiper! t3 raise the Ieve; of awmfiss bi w azci quality issues around the lagoon including such elements as catch basin stenciling and public awareness signs; b. A landscape management plan that includes herbicidelpesticik management. Such measures shall be incorporated into project design through a water qualityhrban runoff control plan and monitoring program to ensure the discharge from all proposed outlets is consistent with local and regionai standarcis. Such measures shall be required as a condition of coastal development pennit approval at the subdivision stage. 21. Scenic Preservation - Add the following as new Section 212U3.040 (G): 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: a. Landscaping and Setbacks: Use of trees or f5re retardant vegetation with substantial height as a landscape screen and/or setbacks from the ridgelines and open space areas; b. Building Colors: Exterior wail and roof colors shall be of Iow intensity earth or vegetative tones, Stucco with accent materials such as tile, natural stone, or other compatible naturaI building materials shall be preferred. Roof colors shall be low intensity colors which blend with the environmental Carlsbad LCPA 2-99D (Kelly Ranch) Certified Suggested Modifications Page 19 setting of the project; c. Residential Building Height: Maximum height limits and variation in roof heights shall be utilized, as necessary, to minimize visibiiity of structures from scenic public roadways, public vista points and public trails. 22. Landscaping Requirements - Add the following as new Section 21.203.040 (H): H. Within the Kelly Ranch, landscaping shall be utilized as a visual buffer and be compatible with the surrounding native vegetation and preserved open space by incorporation of the following measures: a. All residential development shall be required to idenbf‘y and implement a landscaping plan that provides for installation of plant species that are native or non-invasive and drought tolerant to the maximum extent feasible. Ornamental (non-invasive) vegetation shall be permitted in the interior of residential subdivisions only; b. Approved landscaping shall be installed ;mediately gpon completion of construction and maintained by the property owners in goo0 pwhg cmditiorr for tk life of me development; c. Landscape screening of structures, including specimen trees and fire retardant vegetation of substantial height, shall be required to screen and soften the view of structures from 1-5, Cannon Road, Agua Hedionda Lagoon, public trails and public vista points; d. The landscape treatment shall cause the development to blend in with the natural setting and present a visually cohesive appearance as viewed fr~~ Agua Hedionda Lagoon, Cannon Road and Interstate 5. Open Space Recommendation Area D Area Recommended as Open Space -?JOE- The information dqicced an this map is jubjm to revision. Yo sde. Locations ive approxime. FQr illumative purposes aniy. Source: Steep Slope Analljsis - California Coastal Commission Technical Serdices Unit EhbitNo. 14 Carlsbad LCPA 2-99D . Open &ace RecommerA-lation Area J 1’1 ,kea Rtccmmended as Open Space Source: Stee? Slope h~alysis - Kd!y Rmck 8-31-97 Exhibit No. 15 California Coastal Commission Technicai Services Unit Carlsbad LCPA 2-99D KLL! 06-21-00 _- Open Space Recommendation Area L Area Recommended as Open Space Source: Slope ,haiysis - Area L. 9-24-99 California Coastal Commission Technical Services Unit -xoTE- The informarion tiqiczzd on &is map is subjexz to reviskm. 30 scale. Lourions are approximare. For iilusranve purposes snly. Revised E~bit No. 16 Carlsbad L,CPA ‘2-99D . I . . .. .. ,. "_l. ... .__~ .~ .__-.. - .- - . - -- REVISED OPEN SPACE MAP per SUGGESTED MODIFICATION #10 - In concept only m Nap Sa 0 PROPOSED OPEN SPACE EASEMENT / ! -- I California Coastal Cornmission Tec hn ical Services Division -- NOTE --- The Information drplclod on thls map Is subject to revlslon. Scale and locations are approximate. For illuslratlve purposes only. EXHIBIT I7 CARLSBAD LCPA 2-990 JVC. S/ZW DIEGAN COASTAL SAGE SCFW 1.02 NCN-:UATI'JE ANNUAL GZASSLAND 3.a9 EARE DE. Q.3S PAVE3 FCAD 0.36 VEGETATION MAPPING io0 SCXLZ 1 AREA L - KELLY RANCH CXFtLS8AD, CALfFORNlA