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HomeMy WebLinkAboutLFMP 08B; Kelly Ranch|LOCAL FACILITIES MANAGEMENT PLAN ZONE 08B; Local Facilities Management Plan (LFMP)CITY OF CARLSBAD LAND USE REVIEW APPLICATION 1) APPLICATIONS APPLIED FOR: (C | | Administrative Permit - 2nd Dwelling Unit Q Administrative Variance 0 Coastal Development Permit [~J Conditional Use Permit f~1 Condominium Permit [X] Environmental Impact Assessment fxl General Plan Amendment Q3 Hillside Development Permit [Xj Local Coastal Plan Amendment PI Master Plan I 1 Non-Residential Planned Development I | Planned Development Permit :HECK BOXES) (FOR DEPARTMENT USE ONLY) 77 -Y3 77-£>7 7-7- / 7 7 7-Of Q Planned Industrial Permit 11 Planning Commission Determination O Precise Development Plan |~~) Redevelopment Permit I I Site Development Plan Q Special Use Permit I I Specific Plan s ["I Tentative Parcel Mop S Obtain from Engineering Department BQ Tentative Tract Map(MASTER) I | Variance |X1 Zone Change PH List other applications not specified Local Facilitie (FOR DEPARTMENT USE ONLY) i /^^ **J r**. */ \ ~~I^4 ^\ <?7~/6 ?7~07 ^ s Maiiagement 2) 3) 4) ASSESSOR PARCEL NO(S).: PROJECT NAME: 208 -0 20 -JW and J5*-Plan Amendment JIL Kelly Ranch BRIEF DESCRIPTION OF PROJECT: General Plan Amendment .Master TM. Zone Change, HDF Coastal Development Permit, LFMP-Amendment 5) OWNER NAME (Print or Type) Kelly Land Company, a Deleware Corp. MAILING ADDRESS 2011 Palomar Airport Road, Suite 206 CITY AND STATE ZIP Carlsbad, CA 92009 1 CERTIFY THArty\M THE LEGAL OWNER AND -INFORMATION IS TRUE AND CORRECT TO KNQWtEDGE. ^=^4 \ , A\ \ V..-'l/- SIGNATURED-!-. Clemens TELEPHONE 931-1190 THAT ALL THE ABOVE THE BEST OF MY" 8/25/97 DATE 6) APPLICANT NAME (Print or Type) Kelly Land Company, a Deleware Corp. MAILING ADDRESS 2011 Palomar Airport Road, Suite 206 CITY AND STATE ZIP TELEPHONE Carlsbad, CA 92009 931-1190 1 CERTIFY THAT"TXAM THE LEGAL REPRESENTATIVE OF THE ~&Wt^ER AND/THAT ALL THE ABOVE INFORMATION IS TRUE AND <£OHR&CT TO THE BEST OF MY KNOWLEDGE. ' V .V^' 8/25/97 SIGNATURE D • L • Clemens DATE 7)BRIEF LEGAL DESCRIPTION A portion of LOt "I" and "F" of Rancho Agua Hedionda according to Map 823. 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 PROJECT: ON THE F BETWEEN Camino Real and Future ^nnon Road South STREET ADDRESS SIDE OF El Camino Real (NORTH, SOUTH, EAST, WEST)(NAME OF STREET) Future Cannon AND F. 1 f! a m i n n R R 3 1 (NAME OF STREET)(NAME OF STREET) 9) LOCAL FACILITIES MANAGEMENT ZONE 10) PROPOSED NUMBER OF LOTS 13) TYPE OF SUBDIVISION 16) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 1 9) 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 1 2) PROPOSED NUMBER OF RESIDENTIAL UNITS 15) PROPOSED COMM SQUARE FOOTAGE 1 8) PROPOSED SEWER R21) k-i USAGE IN EDU PROPOSED GENERAL PLAN DESIGNATION 24) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNJNG COMMISSIONERS, DESIGN REVIEW BOARD MEMEBERS OR CITY COUNCIL MEMBERS TO INSPEC/AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT ~"T€LENTRY/FOR THIS PURPOSE SIGNATURE Clemens FOR CITY USE ONLY FEE COMPUTATION APPLICATION TYPE FEE REQUIRED TOTAL FEE REQUIRED DATE FEE PAID rr?/. oo 1 O >t?0. OO . o o IO j>-c?c; , Q O oo V RECEIVED OCT 0 6 1997 CITY OF CARLSBAD PLANNING DEPT. DATE STAMP APPLICATION RECEIVED RECEIVED BY: RECEIPT NO. Form 1 6 PAGE 2 OF 2 City of Carlsbad Planning Department March 11, 1999 Kelly Land Company 2011 Palomar Airport Road, Suite 206 Carlsbad, CA 92009 CERTIFIED MAIL Z 187 645 745 CITV OF CARLSBAD, ZONE 8 LOCAL FACILITIES MANAGEMENT PLAN AND FINANCING PLAN Dear Property Owner: The purpose of this letter is to inform you of a hearing regarding a petition to the City Council to allow for the preparation of a Local Facilities Management Plan Amendment and Finance Plan for Zone 8 in the City of Carlsbad. The Kelly Land Company is petitioning the City Council, under Section 21.90.121 (d) of the Carlsbad Municipal Code, to allow for the preparation of the previously mentioned LFMP amendment and finance plan. The petition is being requested due to a less than 100 percent concurrence from all property owners within Zone 8 regarding the processing of a LFMP amendment and finance plan. The request will be heard on Tuesday, March 16, 1999, at 6:00 p.m. at the City Council Chambers located at 1200 Carlsbad Village Drive, Carlsbad, CA 92008. If you have any questions regarding the petition or the hearing, please feel free to contact Christer Westman in the Planning Department at (760) 438-1161, extension 4448. 2075 La Palmas Dr. • Carlsbad, CA 92OO9-1576 • (76O) 438-1161 • FAX (760) 438-O894 City of Carlsbad Planning Department March 11, 1999 Kirgis 1996 Trust 4452 Hockaday Drive Dallas, TX 75229 CERTIFIED MAIL Z 187 645 744 CITY OF CARLSBAD, ZONE 8 LOCAL FACILITIES MANAGEMENT PLAN AND FINANCING PLAN Dear Property Owner: The purpose of this letter is to inform you of a hearing regarding a petition to the City Council to allow for the preparation of a Local Facilities Management Plan Amendment and Finance Plan for Zone 8 in the City of Carlsbad. The Kelly Land Company is petitioning the City Council, under Section 21.90.121(d) of the Carlsbad Municipal Code, to allow for the preparation of the previously mentioned LFMP amendment and finance plan. The petition is being requested due to a less than 100 percent concurrence from all property owners within Zone 8 regarding the processing of a LFMP amendment and finance plan. The request will be heard on Tuesday, March 16, 1999, at 6:00 p.m. at the City Council Chambers located at 1200 Carlsbad Village Drive, Carlsbad, CA 92008. If you have any questions regarding the petition or the hearing, please feel free to contact Christer Westman in the Planning Department at (760) 438-1161, extension 4448. 2O75 La Palmas Dr. • Carlsbad, CA 92OO9-1576 • (76O) 438-1161 • FAX (76O) 438-O894 April 7, 1999 TO: PLANNING COMMISSION FROM: Planning Department RE: KELLY RANCH The following are errata to the Kelly Ranch project: ADD the following conditions to Planning Commission Resolution No. 4497 Tentative Map lot No. 167 shall be subdivided into two separate lots on the final map for CT 97-16. The subdivision of Lot No. 167 shall be found to be in substantial conformance with the tentative map. The developer shall execute a covenant for reciprocal access easement and maintenance agreement for the new lots created from the subdivision of Lot No. 167. MODIFY the following conditions of Planning Commission Resolution No. 4497 27. No grading permit shall be issued for any portion of CT 97-16 other than within the Cannon Road and Faraday Avenue limits of work as shown on the respective City approved improvement plans until after final action by the Coastal Commission on LCPA 97-09, excepting therefrom any surcharge and borrow site work that must be done for the construction of Cannon Road, as approved by the Planning Director and City Engineer and as in substantial conformance with CDP 98-39A. 29. CT 97-16 is subject to final approval of all other actions including but not limited to approval of LCPA 97-09 by the California Coastal Commission (CCC). Such LCPA approval shall occur prior to final map or issuance of a grading permit whichever occurs first, excepting therefrom any surcharge and borrow site work that must be done for the construction of Cannon Road, as approved by the Planning Director and City Engineer and as in substantial conformance with CDP 98-39A. 52.C Full Major Arterial improvements to Cannon Road, including the landscaped raised median, from the southerly boundary of Kelly Ranch Village "E" (CT 96-07) to the southerly boundary of CT 97-16. City's capital improvemeRts-flor4h-of-Maoario- • Canyon Bridge. The developer shall enter into a reimbursement agreement and shall be eligible for fee credit and/or reimbursement for their portion of the Cannon Road common improvements as defined in the Cannon Road West Bridge & Thoroughfare District. 52.O Widen and fully improve one half of El Camino Real from Cannon Road to the improvements being installed for the Ranc.no Real (CT 90-13) project. This shall include the construction of an 18' ^o^ raised median with full landscape and hardscape improvements. Minor modifications to reduce impacts to the adjoining wetlands may be allowed. Those modifications may be to the right-of-way and/or improvement widths if required by responsible resource agencies. Those modifications must be to the satisfaction of the City Engineer. A reimbursement agreement may be entered into between the City and Developer for one half cost of the median improvements. The reimbursement may require the owner of the frontage on the northeasterly side of El Camino Real (Robertson property) to refund the cost of half improvements to the developer of the Kelly Ranch development that paid for the raised median improvements. A reimbursement agreement may also be entered into between the City and Developer for full cost of the improvements to the southwesterly side of El Camino Real. The reimbursement may require the owner of the frontage on the northeasterly side of £1 Camino Real (Robertson property) to refund the cost of full improvements to the developer of the Kelly Ranch development that paid for the southwesterly El Camino Real improvements, that are considered off-site for Kelly Ranch and on-site for the Robertson property. If there is a delay caused by the resource agencies, for the frontage improvements to El Camino Real, the Final Map may be approved with the bonding for design, construction and any necessary easements for those required improvements. ADD the following Code Reminders to Planning Commission Resolution No 4497: The developer shall exercise special care during the construction phase of this project to prevent off-site siltation. Planting and erosion control shall be provided in accordance with the Carlsbad Municipal Code and the City Engineer. Some improvements shown on the tentative map and/or required by these conditions are located off-site of the property which the owner has insufficient title or interest to permit the improvements to be made without acquisition of title or interest. The developer shall conform to Section 20.16.095 of the Carlsbad Municipal Code. ADD the following to the Circulation section of the Zone 8 LFMP: Construction of El Camino Real widening from Cannon Road, northwesterly to the zone boundary line in accordance with the requirements of the City. Said widening will maximize the opportunity for vehicular and pedestrian access, while avoiding wetlands impacts to the extent feasible. Estimated Cost: $100,000 Completion Date: 2000 December 30, 1997 To: Associate Engineer - Shirey From: Assistant City Engineer vJWlti COMMENTS TO DRAFT ZONE 8 LFMP AMENDMENT DATED OCTOBER 1997 Attached is my "blue lined" copy of the Draft Zone 8 LFMP Amendment for your use. The basic structure of the document appears to be acceptable. More work needs to occur on the mitigation conditioning and finance planning. Specific areas of concern which should be addressed better are as follows: 1. The population census data should be verified. I am not certain how or where the numbers mentioned in this document were obtained. It may be that these were numbers accepted by Don Rideout and/or the Planning Department. Please verify the assumptions. The numbers and assumptions are especially important in determining park demand. 2. Wastewater treatment capacity figures need verification. What is current capacity, current usage and projected five year usage with and without project? At what point in time will capacity need to be increased? 3. The circulation analysis should provide greater focus on the 20% impacts during phase I. It appears project traffic may impact several intersections which are failing or near failing (Tamarack/ECR, Faraday/ECR, College and Faraday and PAR/l-5 Northbound ramp) The traffic study should address interim conditions and include projected increases from surrounding projects. Such a study may show that Cannon Road needs to be connected to I-5 at an earlier date to avoid failing the above mentioned intersections. 4. Check with the water/sewer division regarding the sewer interceptor construction scheduling. Have all the surrounding developments sewer needs been considered? At one time in the past, the North Agua Hedionda Interceptor had limited capacity. Now it appears all of Zone 8, Zone 15, Zone 14 and Zone 7 can be handled without any upgrades or need for additional capacity. Please make sure this is true before we accept this plan. David Mauser Assistant City Engineer Public Works Director/City Engineer Principal Civil Engineer - Wojcik WRITE IT - DON'T SAY IT! To -7 . X Clmpiy Wanted From s/Ls * _ DNo Reply Necessary fane*. Haw* fa *«"•««* if ~ TV i* '* * . j. i . j.-'-nj it)' IOMI'1 NO.283 P.1/3 ^' KEULY RANCH FAX TRANSMISSION COVER SHEET DATE: - /*) - *?%" _ FAX NUMBER: 619/931-7950 FAXMODEM Ricoh TO*> PAGE COUNT (Including Cover Sheet) SPECIAL INSTRUCTIONS: <&Su^cy&& /fa&eujttffaf**^*^ vt*****^ 2.//-?/f^ ^^~F IF ANY MALFUNCTIONS OCCUR, PLEASE CALL OUR OFFICE AT (619) 931-1190 iO': I I»A' IIM/* AHrtuKI HIIOU. Slllll .!<)(>, CWIMVW, CA W<)09 • T"l ; If. I ')| '» I - II OH • l!flX:|fil9Hll-79'iO - I-LB. ir. iyyo ik):ib(-n NO.223 P 2/3 KELLY RANCH February 16, 1998 Mr. Lloyd Hubbs Director of Public Works City of Carlsbad 2075 Las Palmas Drive Carlsbad, California 92009 Re: Kelly Ranch - Area lfij"/"Cannon Road Dear Lloyd; The tentative subdivision map/site development plan package for Kelly Ranch Area "E" was recommended for approval by the Carlsbad Planning Commission on January 21, and will be heard by the City Council shortly. Kelly Land Company has generally accepted the extensive list of recommended conditions of approval. As you know, in conjunction with recordation of the final map, we are agreeable to dedication of the required Cannon Road rights-of-way to the City of Carlsbad. However, our ability to comply with two of the conditions of approval rests more within the City's control, than ours, We are very concerned that the timetable for City action, and thus our compliance with these two conditions will be extended so long as to delay the Area "E" final map, and the Cannon Road dedication, indefinitely. It is our expectation that the Area "E" final map will be ready for approval by May, 1998; and with its recordation Village "E", El Camino Bridge, and Cannon Road construction will commence. The Problem \ Condition No. 8. "This project shall comply with/ all conditions and mitigation measures which are required as part of the Zone 9 LFMP in effect at the time of final map.,." A proposed amendment to the existing £one 8 LFMP has been under review in the City Engineering Department since October 6,1997. No substantive comments have been received from the City in the five months since its submittal, A number of requirements of the original (1985) approved Zone 8 LFMP are no longer accurate or appropriate to the present proposal. At a minimum,, it is necessary that the parks impact mitigation conditions of the existing LFMP be revised prior to the final map for Area "E". I'Miivr.k Amtnf K'..i». Vin ',!)'», C.MIIMIM.. CA r),!(K)') « III, (li'')| 'tlt-l I'l'l • i-\»: |(il«l|'))! Mr. Lloyd Hubbs February 16» 1998 Page Two Condition No. 15. "Prior to the approval of the final map for any phase of this project, the Developer shall enter into an Affordable Housing Agreement with the City..." Kelly Land Company has submitted a draft Affordable Housing Agreement for City review. We have recently been notified that it is the City's preference (although not ordinance) to review and iqpprove a full set of development plan drawings of the affordable project at the same time thai an Affordable Housing Agreement is reviewed and approved. Although many aspects of the Kelly Ranch affordable housing solution are known at this time (including location, number of units, number of bedrooms, and affordable lease rates), the site development plan approval will be delayed with the Kelly Ranch Supplemental EIR for approximately 8 months. Unless some flexibility on this issue is allowed, the entire cooperative program for expediting processing and dedication (which was soundly supported by the Planning Commission) is jeopardized, and the very narrow construction window is diminished. Kelly Land Company will assist the City in any way they can to provide the information necessary in order to achieve approvals necessary for the LFMP Amendment and the Affordable Housing Agreement, and to allow the final map and dedication of Cannon Road to proceed within the previously discussed tune frames. We conclude, however, that it is absolutely necessary for the City to promptly address the above two items, in order that the Cannon Road dedication and construction program be completed as previously scheduled. D. Larry Clemens Vice President cc: Marty Oreayak Michael HolzraiUer Gary Wayne Christer Westman Bob Wojcik Mike Shirey Debra Fountain Ke!!y\Hubbs-E kite The City of CARLSBAD Planning Department Item No. P.C. AGENDA OF: April 7,1999 Application complete date: February 24, 1998 Project Planner: Christer Westman Project Engineer: Mike Shirey SUBJECT: EIR 98-05/GPA 97-07/ZC 97-07/ZCA 99-03/LCPA 97-09/MP 174rBVLFMP 87-08(BVCT 97-16/HDP 97-17/CDP 97-43/PUD 99-02 - KELLY RANCH - Request for certification of an Environmental Impact Report, Findings of Fact, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program and recommendation of approval of a General Plan Amendment, Zone Change, Zone Code Amendment, Local Coastal Program Amendment, Master Plan Amendment, Local Facilities Management Plan Amendment, Carlsbad Tract Map, Hillside Development Permit, Coastal Development Permit, and Planned Unit Development within the 433 acre Kelly Ranch generally located south of Park Drive, west of El Camino Real and north of Faraday Avenue in Local Facilities Management Zone 8. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 4491 RECOMMENDING CERTIFICATION of Supplemental Environmental Impact Report EIR 98-05, Findings of Fact, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program, and ADOPT Planning Commission Resolutions No. 4492, 4493, 4543, 4494, 4495, 4496, 4497, 4498, 4499, and 4500, RECOMMENDING APPROVAL of General Plan Amendment GPA 97-07, Zone Change ZC 97-07, Zone Code Amendment ZCA 99-03, Local Coastal Program Amendment LCPA 97-09, Master Plan Amendment MP 174(B), Local Facilities Management Plan Amendment LFMP 87-08(8), Carlsbad Tract CT 97-16 as amended, Hillside Development Permit HDP 97-17, Coastal Development Permit CDP 97-43, and Planned Unit Development PUD 99-02 based on the findings and subject to the conditions found therein. II. INTRODUCTION The project constitutes the first of a two step development proposal for the 433 acre Kelly Ranch. The first step includes legislative actions (GPA, ZC, ZCA, LCPA) which will determine the range and placement of land uses over the entire property by rescinding the existing Master Plan and replacing it with standard zoning. It also includes adjudicatory actions which will subdivide a portion of the ranch southeast of the Agua Hedionda Lagoon (174 acres) into 178 lots. The lots are intended to accommodate 155 single family homes, four large multi-family pads, a recreational vehicle storage lot, a lot for day-care and/or the Agua Hedionda Lagoon Foundation, and the remainder as open space and recreation lots. Land uses proposed in the General Plan and Zoning actions include single family residential (R-l(-Q)), multi-family residential (RD-M-Q, R- O EIR 98-05/GPA 97-07/ZC *7-07/ZCA 99-03/LCPA 97-09/MP 174(B)/LFMP 87-08(B) CT 97-16/HDP 97-17/CDP 97-43/PUD 99-0 - KELLY RANCH April 7,1999 Eage_2 3-Q), open space (OS), and office (O). Lots within the subdivision vary in size from 5,000 square feet to 27 acres. Planning Areas A and C northwest of the Agua Hedionda Lagoon will be considered for development at a later date. The above combination of actions will set the stage for step two of the development proposal. Step two will follow these actions, if approved, by four to six weeks with the review of a Coastal Development Permit, Site Development Plan, and Planned Unit Development for the architecture and placement of the 155 single family lots and a Coastal Development Permit and Site Development Plan for the architecture and building placement of the 4 multi-family lots. The project has been analyzed for environmental impacts in a supplemental Environmental Impact Report and is consistent with the General Plan, Zoning Ordinance, Local Coastal Program, and Local Facilities Management Plan, as amended. III. PROJECT DESCRIPTION AND BACKGROUND The Kelly Ranch has been part of the Kelly Family land holdings in Carlsbad for decades, hi 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 applicant. For planning purposes, the site was broken into Planning Areas A through J. There are two other areas which are K and L. Neither Planning Areas K nor L are associated with the Kelly Ranch development proposals other than their boundaries will be refined by the subdivision and their Zoning designations will be changed by ZC 97-07. Some of the requested actions affect the entire site and others are specific to only sections of the 433 acres. Those actions which cover the entire 433 acres and include Planning Areas A through L are 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 affect only a portion of the site, Planning Areas D,F,G,H,I, J, K and L, are the subdivision of 174 acres into 4 large lots for multi-family residential development, 155 smaller single family residential lots, and 19 lots for uses such as open space, recreation, and day care. Associated with the subdivision is the review of a Hillside Development Permit, a Coastal Development Permit, and a Planned Unit Development. Following the land use decisions on the property, Archstone Communities and Shea Homes will request that the Planning Commission review specific development designs for both the multi- family, Planning Areas D,G, and H, and single family residential lots in Planning Areas I and J. EIR 98-05/GPA 97-07/ZC 97-07/ZCA 99-03/LCPA 97-09/MP 174(B)/LFMP 87-08(B) CT 97-16/HDP 97-17/CDP 97-43/PUD 99-0 - KELLY RANCH April 7,1999 Page 3 IV. ANALYSIS A. General Plan Amendment Existing General Plan Land Use designations for the Kelly Ranch include Travel/Recreation Commercial (T-R), Residential Medium (RM), Residential Medium-High (RMH), and Open Space (OS). The applicant submitted a list of proposed land uses to which staff recommended changes. The resulting revised list of uses is what is presented to the Commission as the recommended proposed General Plan amendment. The proposed General Plan amendment generally replaces the T-R designation in Planning Area F with Open Space and Office, adjusts the boundary between RMH and Open Space at Planning Area A, adjusts the boundary of Planning Area C and changes the designation from RMH to Residential Low-Medium (RLM), re-defines the boundaries of Planning Areas D, G, H, and changes their designation of RM to RMH, and re-defines the boundaries of I and J and changes their designation from RM to RLM. The proposed General Plan amendment results in an overall lower density than the existing General Plan and/or the applicant's proposed General Plan amendment. In summary, the majority of the land use change is the reapportionment of residential uses. The result of the change is a reduction in allowable residential units within the entire 433 acre Kelly Ranch from 942 to 909 dwelling units. Table 1 and Exhibit GPA 97-07 attached to Resolution No. 4492 illustrate the proposed changes. Following is a discussion of each Planning Area. Planning Area A & B The existing designation for Planning Area A is RMH and Planning Area B is Open Space. Both will remain the same. The amendment proposes a boundary adjustment between development Planning Area A and the Agua Hedionda Lagoon, Planning Area B, which separates the developable portion of the Planning Area from the lagoon and ultimately reduces the size of Planning Area A. The net effect is a reduction in the allowable residential units. Planning Area C The existing designation for Planning Area C is RMH and will be changed to RLM. In addition, the amendment proposes an adjustment between Planning Area C and Planning Area B which will reduce the size of Planning Area C. The adjustment is intended to include constrained lands into Planning Area B which is Open Space. An RLM designation on this property is appropriate since it is surrounded by single family residential and there is only one point of access. Residential Medium High has a density range of 8-15 dwelling units per acre (du/ac) and Residential Low-Medium has a density range of 0-4 du/ac. The net effect is a reduction in the allowable residential units which is compatible with the neighborhood and also equates to fewer Average Daily Traffic (ADT) to the street which accesses the site. EIR 98-05/GPA 97-07/ZC 9/-07/ZCA 99-03/LCPA 97-09/MP 174(B)/LFMP 87-08(B) CT 97-16/HDP 97-17/CDP 97-43/PUD 99-0 - KELLY RANCH April 7,1999 Page 4 Planning Areas D, G, and H The existing designation for these Planning Areas is RM. The amendment proposes a re- definition of the Planning Area boundaries and a change to RMH. The net effect of the change would be an increase in the allowable residential units for the Planning Areas. Residential Medium High has a density range of 8-15 du/ac as compared to a density range of 4-8 du/ac for Residential Medium. The increase in density is appropriate in that, the site is near major sources of employment at the Carlsbad Research Center, Carlsbad Airport Center, Carlsbad Ranch and LEGOLAND California. The Site is situated on a Circulation Element Roadway with direct access to Interstate 5. The site has hillside conditions with a great difference in site elevations. The Planning Areas are located at the base of the hillside adjacent to the major roadways which accommodates access and reduces grading requirements. The site is also geographically separated from established residential neighborhoods by the lagoon and hillsides which eliminates potential conflicts of new development versus established development. The increase in density for these Planning Areas is also balanced against the reduction in densities of Planning Areas I and J located at the upper reaches of the site. Planning Areas I and J The existing designation for these Planning Areas is RM. The amendment proposes a re- definition of the Planning Area boundaries and a change to RLM. The net effect of the change would be a decrease in the allowable residential units for the Planning Areas. Residential Low Medium has a density range of 0-4 du/ac as compared to a density range of 4-8 du/ac for Residential Medium. The reduction in density is appropriate in that these Planning Areas are more difficult to access because of the hillside conditions. Planning Area F The existing designation for this Planning Area is T-R. The amendment proposes a change of land uses to reflect those portions of the Planning Area that are developable, those which are to be preserved as open space and to reduce the overall use intensity of the site. The developable portion of the site is proposed to be changed to Office and Open Space which is a reduction in the intensity of use from Travel Related Commercial and will accommodate the potential future use of the site for a child care center and the Agua Hedionda Lagoon Nature/Visitor Center. The potential child care center would be located within the Office designation and the Nature/Visitor Center would be located with the OS designation as a quasi-governmental use. The proposed change is appropriate in that the reduced use intensity will reduce ADT, the potential future uses will provide community facilities which will benefit the new residential development and the community at large, and will potentially have lesser offsite impacts to the EIR 98-05/GPA 97-07/ZC 97-07/ZCA 99-03/LCPA 97-09/MP 174(ri)/LFMP 87-08(B) CT 97-16/HDP 97-17/CDP 97-43/PUD 99-0 - KELLY RANCH April 7,1999 Page5 adjacent Agua Hedionda Lagoon wetlands in the form of less night lighting and less potential of unsupervised entrance and disturbance to the wetlands. Regarding community facilities such as day care, the City is considering the creation of a Community Facilities (CF) Zone which would be intended specifically to accommodate community facilities. At such tune that a CF zone is created, the City would initiate a rezone of Planning Area F to designate it as CF. Planning Areas E, K, and L Planning Area E has been approved for the development of 144 single family homes. The amendment will change the existing designation of RM to RLM. The new designation of RLM will reflect the approved project density range which is within the 0-4 du/ac. range. Planning Areas M and N are currently designated as RM and will remain as RM. The amendment proposes a refining of the Planning Area boundaries. Neither of the Planning Area sizes will be affected. The proposed amendments are consistent with General Plan policies in that the proposed designations will accommodate 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 life, will provide a correlation between density and topography, and will accommodate community service facilities. A net effect of the amendment will be a reduction in the allowable residential units within the 433 acre Kelly Ranch from 942 to 909. B. Zone Change and MP 174fB) The request for a zone change goes hand-in-hand with the master plan amendment request to rescind the Kelly Ranch Master Plan. The request is for the zoning to be changed from PC to R- 1 (Planning Area E), R-l-Q (Planning Areas C, I and J), R-3-Q (Planning Areas D, G, and H), RD-M-Q (Planning Areas A, K and L), OS (Planning Area B and miscellaneous open space lots) and OS and R-P-Q (Planning Area F). The "Q" overlay, which requires Planning Commission review and approval of a Site Development Plan (SDP), is being applied to each zoning designation with the intent of insuring that future development of the Planning Areas will be visually and physically compatible with each other similar to the intent of a Master Plan. Each zoning designation corresponds to an appropriate General Plan designation. The R-l(-Q) implements the RLM General Plan designation which is characterized by single family residential development, the R-3-Q and RD-M-Q implement the RMH General Plan designation which is characterized by attached multi-family residential development, OS implements the OS General Plan designation which is characterized by improved and natural open space and the R- P-Q implements the O General Plan designation which is characterized by office and professional uses. Approval of the Zone Change eliminates the requirement for a master plan on this property. EIR 98-05/GPA 97-07/ZC y/-07/ZCA 99-03/LCPA 97-09/MP 174(B)/LFMP 87-08(B) CT 97-16/HDP 97-17/CDP 97-43/PUD 99-0 - KELLY RANCH April 7,1999 Page 6 The Kelly Ranch Master Plan was originally adopted by the Carlsbad City Council in September 1984 consistent with its zoning, Planned Community (PC). The PC zone is intended to provide a method and encourage the orderly implementation of the General Plan, allow for the comprehensive planning of all necessary public facilities, and provide a framework for phased development by the comprehensive planning and development of large tracts of land under unified ownership in accord with an adopted master plan. The Zone Change and master plan rescission have been supported by staff, in this case, because the project has been conditioned and the applicant has stated that he agrees, to provide the required components of a Master Plan via the Zone 8 Local Facilities Management Plan and Tentative Tract Map CT 97-16. More specifically those components include public water, sewer, and circulation facilities which are requirements of the tract map; common recreation vehicle storage designated on Lot No. 161; community facilities and reservation of land for a child care facility on Lot No. 167 which will be secured by deed restriction; and coordination of open space and trails on the tentative map. Table 2 attached as an appendix to this report provides a comparison between what the existing Master Plan provides, the effect of rescinding the Kelly Ranch Master Plan and substituting zoning, and what could be accomplished by creating a new Master Plan. As shown in Table 2, requirements of both the existing Kelly Ranch Master Plan or a new master plan can be provided through a combination of a tract map and a Local Facilities Management Plan. Exhibit ZC 97-07 attached to Resolution No. 4493 provides an illustrative comparison between the existing zoning and the proposed zoning. C. Zone Code Amendment The project includes a repeal of section 21.38.160 of the Zoning Ordinance. The elimination of this section is considered a "housekeeping" item in that with adoption of the proposed General Plan amendment GPA 97-07 and Zone Change ZCA 97-07, a master plan will no longer be required for the Kelly Point and Macario Canyon. Section 21.38.160 is a part of the PC Zone. It states that a master plan is required, it designates maximum density of development contrary to the density designations of the General Plan, it references Coastal Development Permit 6-84-617 which was approved by the Coastal Commission for the original 1984 Kelly Ranch Master Plan, it identifies information which shall be included in a master plan, and it reiterates the requirements of the Coastal Resource Protection Overlay Zone Chapter 21.203 of the Carlsbad Zoning Ordinance. Repeal of this section of the Zoning Ordinance will not be inconsistent with the General Plan in that the associated development standards will either have been changed with GPA 97-07 and ZC 97-07 and/or are applicable in other sections of the Zoning Ordinance. EIR 98-05/GPA 97-07/ZC 97-07/ZCA 99-03/LCPA 97-09/MP 174(JtJ)/LFMP 87-08(B) CT 97-16/HDP 97-17/CDP 97-43/PUD 99-0 - KELLY RANCH April 7,1999 Page 7 D. Local Coastal Program Amendment Text and graphics are proposed for modification in both the Agua Hedionda Lagoon and Mello II segments. The land use map changes are shown on Exhibits 1-B and 2-B. The amendment will provide Local Coastal Program consistency with the proposed General Plan amendment, Zone Change, and Zone Code Amendment. The text amendments are as follows: Agua Hedionda The Agua Hedionda LCP map, Exhibit C, will be changed to reflect the new General Plan and Zoning designations. Land Use Policy 1.2 is proposed to be deleted. The policy describes allowed uses in the lagoon wetlands and is proposed for deletion because the allowed uses are inconsistent with Environmental Policy 3.1 which is far more restrictive. Environmental Policy 3.1 states that no uses shall occur within the boundaries of the wetland area except those activities necessary for maintenance, resource management, farming and grazing, or as approved by the State Department of Fish and Game. By comparison Land Use Policy 1.2 allows for outdoor plant nurseries, fish hatcheries, driving ranges, archery ranges, and agricultural production. The uses allowed in wetlands by Policy 3.1 are also more consistent with the City of Carlsbad Open Space zone and should be used in place of the existing text. Mello II Policy 3-5(a)(6) will be revised as follows: Residential densities in the 433 acre Kelly Ranch shall be permitted and based on net developable acres as defined by the City of Carlsbad Zoning Ordinance and the underlying General Plan Land Use designation. Policy 3-5(a)(7) will be revised as follows: Approximately 2.8 acres located adjacent to Cannon Road, and as described in CDP 98- 47 are designated for an interpretive center for Agua Hedionda and for child care facilities under Residential-Professional (RP) and Open Space (OS) zoning. Section 21.38.160 Carlsbad Zoning Ordinance The Coastal Program will be affected by the repeal of Section 21.38.160 in that the Zoning Ordinance is the Implementing Ordinance for the Coastal Program. Standards of development found in 21.38.160 are still present in the Coastal Resource Protection Overlay Zone. Repeal of this section will not alter the need for the review and evaluation of issues specific to the coastal zone and can therefore be found to be consistent with the Carlsbad Local Coastal Program. EIR 98-05/GPA 97-07/ZC 9/-07/ZCA 99-03/LCPA 97-09/MP 174(B)/LFMP 87-08(B) CT 97-16/HDP 97-17/CDP 97-43/PUD 99-0 - KELLY RANCH April 7,1999 PageS E. Local Facilities Management Plan Amendment The Local Facilities Management Plan for Zone 8 includes the project property, the City owned Macario property and the Kirgis property. The proposed Zone 8 Local Facilities Management Plan amendment (LFMP 87-08B) is the second amendment to the plan since its original adoption in 1989 and is intended to reflect a reduction hi land use density as proposed in the project General Plan amendment. Specifically, the original 1989 Zone 8 LFMP projected 1,224 dwelling units at buildout. The first amendment to the LFMP (LFMP 87-08A) was approved in January 1999 and reduced the projected dwelling units to 1,153. The current amendment (LFMP 87-08B) further reduces the buildout for all of Zone 8 to 963 dwelling units. These buildout numbers include the entire 433 acre Kelly Ranch and the 21.9 acre Kirgis property. The overall reduction in units is a result of the proposed General Plan amendment for the Kelly Ranch. The amended zone plan is based on an estimation of potential development capacity per existing ordinances and constraints. The impacts of the proposed Zone 8 development buildout and the proposed financing to assure compliance with the adopted performance standards are summarized in Table 3 included as an appendix to this report. The table provides a summary of the Zone 8 requirements and sources of funding for Zone 8 buildout as amended. Following is a brief analysis of each of the sections of the LFMP which have been modified. In general the zone plan amendment assumes a reduction in residential units by 190 and a reduction in population by 579 residents. These reductions are reflected in the needs analysis for each of the facilities areas. City Administration/Library The demand for facilities will be reduced as a result of reduced dwelling units and population. Since Zone 8 funding contributions through Community Facilities District 1 and Public Facilities fees are based on dwelling units, the reduction of dwelling units will proportionately reduce the property's fiscal contributions. Waste Water Treatment The Special Conditions have been modified to reflect actions already completed. Parks A reduction in the number of residential units, and consequently population, reduces the demand for parks by 1.32 acres There currently exists a demand for 76 acres of park within Park District 1 (Northwest Quadrant) and there is an existing supply of 94.6 acres. The existing surplus is 18.6 acres. The amended buildout demand is projected at 106.87 acres and buildout supply projected at 174.25 which will be a 67.38 acre surplus. Park facilities will be satisfied through the payment of park-in-lieu fees and public facilities fees. EIR 98-05/GPA 97-07/ZC 97-07/ZCA 99-03/LCPA 97-09/MP 174(hJ)/LFMP 87-08(B) CT 97-16/HDP 97-17/CDP 97-43/PUD 99-0 - KELLY RANCH April 7,1999 Page 9 Drainage Drainage facilities and phasing have been changed to reflect the subdivision CT 97-16. The Special Conditions have been changed to update the condition referencing Master Drainage Plan. Specific improvements listed hi Special Condition B have been replaced by Table IV-M. Circulation Average Daily Traffic has been reduced based on the reduction of assumed residential units. Facilities needs and phasing were updated hi the January 1999 Zone Plan amendment (LFMP 87- 08A) and have not changed except for the addition of improvements to Park Drive adjacent to Planning Area A and easterly to existing Kelly Drive. The Park Drive improvements were identified as necessary for development in the Kelly Ranch Master Plan. The Park Drive improvements contribute to complete and comprehensive circulation facilities throughout the Kelly Ranch and Zone 8. A new Special Condition has been added to the Zone 8 LFMP to require Park Drive improvements with the development of Planning Area "A". In addition, the City has received its annual Growth Management Traffic Monitoring Report. The Report has recorded an unanticipated intersection "level of service" (LOS) failure at Palomar Airport Road (PAR) and El Camino Real (ECR) during both the a.m. and p.m. peak hours. This potentially creates a changed circumstance negating reliance on previous environmental documentation. Pursuant to §15162 of the CEQA Guidelines a lead agency must prepare a "Subsequent" environmental documentation if substantial evidence (i.e., the recorded intersection failure) determines that a changed circumstance exists. However, case law has interpreted this section of the CEQA Guidelines to not require the preparation of a "Subsequent EIR" if mitigation measures are adopted which reduce the identified impacts to a level of insignificance. A mitigation measure has been identified which, if implemented, will bring the peak hours LOS into the acceptable range. The mitigation measure involves construction of two dual right turn lanes-northbound to eastbound and westbound to northbound. This project has been conditioned to pay its fair share of the intersection "short-term improvements" thereby, guaranteeing mitigation to a level of insignificance. Fire The Zone 8 Fire performance standard allows up to 1,500 units to be outside of a five minute response time. The amendment equates to a reduction in overall dwelling units and fewer units in Zone 8 outside of the five minute response time. The estimated number of units outside of the five minute response time for Zone 8 is 596. Open Space The Open Space standard has not changed and will be applied to the project. EIR 98-05/GPA 97-07/ZC 9/-07/ZCA 99-03/LCPA 97-09/MP 174(B)/LFMP 87-08(B) CT 97-16/HDP 97-17/CDP 97-43/PUD 99-0 - KELLY RANCH April 7,1999 Page 10 School Facilities Since the generation of school aged children is based on dwelling units, the anticipated number of students generated by the Kelly Ranch project has been reduced commensurate with the reduction of residential units. The Carlsbad School District has entered into an agreement with the Kelly Land Company obligating development within the Kelly Ranch to pay a fare share per residential unit to the school district at issuance of building permits. New Special Conditions have been added to reflect the Kelly Ranch school agreement and to stipulate that the Kirgis property will be subject to school fees when that property develops. Sewer Collection System No Change Water Facilities Special Condition number 3 which lists needed facilities has been replaced by Table IV-Z. F. Carlsbad Tract Per Title 20 of the Carlsbad Municipal Code, the project is required to process a major subdivision. Chapter 20.12 identifies the procedure for processing a major subdivision and includes the required findings for approval of same. Chapter 20.16 identifies the requirements that must be met in the design of the subdivision. The proper procedure was followed regarding the submittal of the application for the requested subdivision including the provision of all of the required information on the map. The project subdivision encompasses 174 acres of the entire 433 acre Kelly Ranch. The Planning Areas affected by the subdivision are D, F, G, H, I, J, K and L. The proposed map and the proposed design and improvement of the subdivision as conditioned, is consistent with and satisfies all requirements of the General Plan as proposed to be amended, the Mello II segment of the Local Coastal Program, any applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act, and will not cause serious public health problems, in that the proposed grading includes remedial measures to stabilize slopes, the subdivision is not located within close proximity to land uses which are known to cause health problems, and the extent and quantities of grading are within prescribed limits. 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, hi that the subdivision proposes a number of dwelling units which is within the density range allowed by the General Plan and the 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 EIR 98-05/GPA 97-07/ZC 97-07/ZCA 99-03/LCPA 97-09/MP 174(b)/LFMP 87-08(B) CT 97-16/HDP 97-17/CDP 97-43/PUD 99-0 - KELLY RANCH April 7,1999 Page 11 within the proposed subdivision, in that all lots created by the subdivision will have access to a publicly dedicated roads and conform to the dimension criteria established in Chapter 20.16 and Chapter 21.45. Since the property is currently not accessible by improved roadways, the project shall provide full improvements to Cannon Road from the westerly terminus of Planning Area E to the intersection with Future Faraday Avenue. The project provided a portions of trail segment 23 consistent with the Open Space Conservation and Resource Management Plan and has been conditioned to provide a portion of trail segment 24 within lot 175. 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 132 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 habitats preservation. The proposed lot sizes conform to the requirements of Chapter 20.16 and Chapter 21.45. Lots that do not meet the requirements of Title 20 of the underlying zone, (R-l requires a minimum of 7,500 square feet,) may be approved by PUD. In that case, minimum lot size is then established as 3,500 square feet. Lots within the R-l-Q segment of the project range in size from 5,000 to 20,000 square feet. G. Hillside Development Permit 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 apply within the 174 acre subdivision. A Hillside Development Permit may only be approved if the six hillside findings can be made. The first two findings require that hillside and undevelopable 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. EIR 98-05/GPA 97-07/ZC W-07/ZCA 99-03/LCPA 97-09/MP 174(B)/LFMP 87-08(B) CT 97-16/HDP 97-17/CDP 97-43/PUD 99-0 - KELLY RANCH April 7,1999 Page 12 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 40% of the site will not be disturbed by grading. The grading proposed over the remaining 60% of the site includes varying slope heights and terraced pads which reflects the site's natural slope progression from low near the lagoon and upward movement in elevation to the plateau at Planning Area "J. 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 undevelopable pursuant to the provisions of Section 21.53.230. The undevelopable 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 raikoad track beds. No residential or habitable development is proposed in areas that are undevelopable. 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 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. Thus all of the hillside findings can be made. H. Coastal Development Permit The 174 acre Carlsbad Tract and associated development permits are located within the Mello II segment of the Carlsbad Local Coastal Program. The development is also subject to the Coastal Resource Protection Overlay Zone. The intent of the overlay zone is to supplement the underlying zoning 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. Development within the Coastal Zone requires the issuance of a Coastal Development Permit consistent with the Local Coastal Program, the underlying zoning and applicable overlay zones. Effi. 98-05/GPA 97-07/ZC 97-07/ZCA 99-03/LCPA 97-09/MP 174(H)/LFMP 87-08(B) CT 97-16/HDP 97-17/CDP 97-43/PUD 99-0 - KELLY RANCH April 7,1999 Page 13 The following table illustrates the applicable land use designations under the Local Coastal Program (LCP) if approved: LAND USES LCP Land Use Plan General Plan Zoning R-l, R-3, RD-M, OS and R-P Residential Low Medium Residential Medium High Open Space and Office R-l(-Q), R-3-Q, RD-M-Q, OS and R-P-Q Discussion regarding the project's compliance with the City's General Plan and Zoning is found in the General Plan Amendment, Zone Change, and Zone Code Amendment sections of this staff report. Discussion of the project's compliance with the applicable LCP overlay zone follows: Coastal Resource Protection Overlay Zone 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; and 5) floodplain development. 1. The overlay policy states that slopes of 25% grade and over shall be preserved in their natural state unless application of the policy would preclude reasonable use of the property. Since disturbance of 25% slopes will be required to access flatter portions of the site and thus a reasonable use of the property, the policy further states that up to 10% of the total slopes greater than 25% possessing endangered plant/animal species and/or coastal sage scrub and chaparral plant communities may be disturbed plus steep slope areas that are required to access flatter developable areas if there is no less environmentally damaging alternative available. The project has implemented the Hillside Street Standard to the greatest extent allowed in order to minimize impacts to the natural slopes. No less environmentally damaging alternative is available without non- compliance with minimum development standards. Disturbance of 25% slopes is predominantly associated with hillside road grading. Hillside road grading allows deviations from typical road design to accommodate a more environmentally sensitive approach to hillside access and development. The site contains 61.6 acres of slopes greater than 25% with significant species. The project proposes disturbance of 6 acres of slopes greater than 25% which contain significant species which is a less than 10% disturbance. In addition 7.2 acres will be disturbed in order to access flatter developable areas. 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. EIR 98-05/GPA 97-07/ZC 9/-07/ZCA 99-03/LCPA 97-09/MP 174(B)/LFMP 87-08(B) CT 97-16/HDP 97-17/CDP 97-43/PUD 99-0 - KELLY RANCH April 7,1999 Page 14 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 proposed within the 100 year floodplain. The proposed project is in compliance with the requirements of the Local Coastal Program. I. Planned Unit Development Allowance of single family lots less than 7,500 square feet in an R-l zone requires approval of a Planned Unit Development (PUD). The proposal includes the subdivision of single family residential lots ranging in size from 5,098 to 12,507 square feet in Planning Area "I" and 7,500 to 20,655 square feet in Planning Area "J". Planning Area I is proposed as R-l-Q, therefore a PUD is required. The proposed project does comply with the applicable PUD standards as shown below. Planned Unit Development Standard Requirements Standard Setbacks Parking Recreational Open Space Street Widths Recreational Vehicle Storage Refuse Areas Antennas Lot Size Storage per Unit Required required for buildings 2 resident spaces per unit 1 guest space per 4 units 200 square feet per unit 32 foot wide 6,060 square feet at 20 square feet per unit individual not visible 3,500 square feet minimum 480 cubic feet per unit Provided no buildings proposed no units proposed 200 square feet available per lot and common facilities at Lot 156. 32 foot wide 40,000 square feet individual no antennas proposed 5,098 square feet minimum no units proposed Lots smaller than 7,500 square foot have been proposed in Planning Area "I" to maintain a reasonable density of development within a reduced footprint of disturbance. One of the stated intents for use of the Planned Development Ordinance is to encourage development which is sensitive to the natural topography of the site, minimizes alterations to the land, and maintains and enhances significant natural resources. Reduction in lot size commensurately reduces the total area of disturbance. Maintaining a relatively consistent density of development reduces the desire to encroach further into natural resources. Significant natural resources are the slopes which separate Planning Area "J" from Planning Areas "I" and "H". EIR 98-05/GPA 97-07/ZC 97-07/ZCA 99-03/LCPA 97-09/MP 174(B)/LFMP 87-08(B) CT 97-16/HDP 97-17/CDP 97-43/PUD 99-0 - KELLY RANCH April 7,1999 Page 15 Some aspects of the Planned Development Ordinance requirements will be deferred for review until step two of the project, however, those applicable standards which will be provided with the subdivision include: 1) a common recreation open space lot; and 2) a recreational vehicle storage facility. Lot number 156 in Planning Area "I" is designated as a common recreation open space lot for the two single family subdivisions. The lot exceeds the 100 square feet per unit standard of 15,500 square feet. Lot number 161 is a recreational vehicle storage facility which will be available to the entire subdivision. The minimum requirement is approximately 6,060 square feet. Lot number 161 will provide approximately 40,000 square feet for recreational vehicle storage. Other PUD standards such as building setbacks and height, individual unit storage, individual unit recreational open space requirements, and guest parking are not applied at this time since there are no buildings proposed. A subsequent PUD application will be required prior to the approval of building permits for Planning Area I. V. ENVIRONMENTAL REVIEW The environmental issues identified hi the initial study are land use, biological resources, traffic/circulation, air quality, noise, and aesthetics. A summary of the environmental impacts and mitigation measures is provided in Table S-l of the Environmental Impact Report. A summary comparison of impacts between the proposed project and alternatives is provided in Section 4.0 of the Environmental Impact Report (EIR). Based on data and conclusions of the EIR, the project will result in cumulative impacts to air quality and traffic/circulation which cannot be fully mitigated. Therefore a statement of overriding considerations pursuant to Sections 15093 and 15126(b) of the CEQA Guidelines must be adopted. The statement has been included within the Findings of Facts marked as Exhibit "B" of Resolution No. 4251. Significant project level impacts have been identified for biological resources, land use, visual resources, noise, and archeological and paleontological resources. These significant impacts can be reduced to a less than significant level with the implementation of identified mitigation measures which are identified in the Mitigation Monitoring and Reporting Program. EIR 98-05/GPA 97-07/ZC *7-07/ZCA 99-03/LCPA 97-09/MP 174(B)/LFMP 87-08(B) CT 97-16/HDP 97-17/CDP 97-43/PUD 99-0 - KELLY RANCH April 7, 1999 Page 16 ATTACHMENTS: 1. Planning Commission Resolution No. 4491 (EIR) 2. Planning Commission Resolution No. 4492 (GPA) 3. Planning Commission Resolution No. 4493 (ZC) 4. Planning Commission Resolution No. 4543 (ZCA) 5. Planning Commission Resolution No. 4494 (LCPA) 6. Planning Commission Resolution No. 4495 (MP 174(B) 7. Planning Commission Resolution No. 4496 (LFMP) 8. Planning Commission Resolution No. 4497 (CT) 9. Planning Commission Resolution No. 4498 (HDP) 10. Planning Commission Resolution No. 4499 (CDP) 11. Planning Commission Resolution No. 4500 (PUD) 12. Location Map 13. Disclosure Statement 14. Background Data Sheet 15. Local Facilities Impact Assessment 16. Tables 1,2 and 3 17. EIR 98-05 (previously distributed) 18. LFMP 87-08(B) (previously distributed) 19. Exhibits "A" - "M" dated April 7,1999 CW:eh:mh 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: 1. APPLICANT List the names and addresses of all persons having a financial interest in the application. KELLY LAND COMPANY, A Delaware Corporation 2011 Palomar Airport Rd.. f206 Carlsbad. CA 92009 2. OWNER List the names and addresses of all persons having any ownership interest in the property involved. THE HILLMAN COMPANY. A Pennsylvania Corporation (See attached letter) 1900 Grant Building Pittsburgh. PA 15219 If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. Henry L. Hillman. Elsie Billiard Hillman and C.G. Grefenstette, Trustees of The Henry L. Hillman Trust 4. If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names and addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiary of the trust. See attached letter. . 2075 Las Palmas Dr. - Carlsbad. CA 92009-1576 • (619) 438-1161 - FAX (619) 438-O894 5. Have you had n . than $250 worth of business trai.. ..ted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? Yes Xl No If yes, please indicate person(s):. Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, 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." NOTE: Attach additional sheets if necessary. KELLY L^ND COMPANY, a Delaware Corporation- Signature of owner/date Signature of applicant/date D.L. Clemens/Vice President Print or type name of owner D.L. Clemens/Vice President Print or type name of applicant Signature of owner/date Scott Medansky/Asst,, Secretary Print or type name of owner Disclosure Statement 10/96 Page 2 of 2 FAI 15218 • December 18, 1997 MCKju. COUNSEL VIA FACSIMILE & FEDERAL EXPRESS Christopher B. Neils, Esq. Mr. Lany Clemens Sheppard, Mullin, Richert & Hampton Aviara Hillman Properties 50 1 West Broadway, 19th Floor Palomar Triad Corporate Park San Diego, CA 92101-3598 201 1 Palomar Airport Road, Suite 206 Carlsbad, CA 92009 Re: Kelly Land Company, a Delaware corporation Dear Chris^and Larry: The Disclosure Statement we discussed for the City of Carlsbad Planning Department states in paragraph 3 that we are to list all individuals owning more than 10% of the shares in the corporation (Kelly Land Company) if any person identified in paragraph 1 and 2 is a corporation. As we discussed, Kelly Land Company is a wholly-owned subsidiary of Wilmington Securities, Inc., a Delaware corporation, which, in turn, is a wholly-owned subsidiary of Wilmington Investments, Inc., a Delaware corporation, which, in turn, is a wholly-owned subsidiary of The Hillman Company, a Pennsylvania corporation. Only one shareholder of The Hillman Company owns more than 10% of the voting securities of The Hillman Company. That shareholder is the following trust: Henry L. Hillman, Elsie Hilliard Hillman and C.G. Grefenstette, Trustees of The Henry L. Hillman Trust, Under Agreement dated November 18, 1985. This is a revocable trust, whose grantor is Mr. Henry L. Hillman. Please let us know if you need any further information. Very truly yours, bcc: Scott Medansky Carol J. CusickRiley H. Vaughan Blaxter, III Bartley J. Rahuba w:\va |\li tAkellyland.wpd 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.) ' Corp/Part shea Homes Limited PartnershipPerson Title Title (see attached) Address Address 10721 Treena Street, Suite 200 San Diego, CA 92131 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 Kelly Land Co.Corp/Part_ Title (see attached) Address Address 2011 Palomar Airport Road Carlsbad, CA 92009 2075 Las Palmas Dr. • Carlsbad, CA 92OO9-1576 - (760) 438-1161 • FAX (760) 438-0894 NON-PROFIT C ANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust. Iist the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. N/ANon Profit/Trust, Title Non Profit/Trust Title Address Address Have you had more than $250 worth of business transacted with any member of City staff. Boards, Commissions, Committees and/or Council within the past twelve (12) months? Yes [j<j No If yes, please indicate person(s):_ NOTE: Attach additional sheets if necessarv. the above information is true and correct to the best of mv knowledge. 9-14-98 Signature of owner/date Kelly Land Comany, a Delaware Corporation D.L. Clemens/Vice President Print or type name of owner 9014098 Signature of owner/applicant's agent if applicable/date 'V6<.;-r C 9"9-98 Signature of applicant/date Shea Homes Limited Partnership by: Dale Holbrook Print or type name of applicant Scott Medansky/Secretary Treasurer Print or type name of owner/applicant's agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 The following persons/entities have a financial interest in Shea Homes Limited Partnership General Partner: J.F. Shea Co., Inc. Limited Partners: Shea Investments Tahoe Partnership I Balboa Partnership John F. Shea, Trustee John F. Shea Family Trust Peter O. Shea Edmund H. Shea, Jr. Trustee Edmund and Mary Shea Real Property Trust Address 655 Brea Canyon Rd. Walnut, CA 91789 655 Brea Canyon Rd. Walnut, CA 91789 655 Brea Canyon Rd. Walnut, CA 91789 655 Brea Canyon Rd. Walnut, CA 91789 655 Brea Canyon Rd. Walnut, CA 91789 655 Brea Canyon Rd. Walnut, CA 91789 655 Brea Canyon Rd. Walnut, CA 91789 BACKGROUND DATA SHEET CASE NO: EIR 98-QS/GPA 97-07/ZC 97-07/LCPA 97-09/lVfP 174rBVLFMP 87-08(BVCT 97-16/HDP 97-17/CDP 97-43/PUD 99-02 CASE NAME: Kelly Ranch APPLICANT: Kellv Land Company REQUEST AND LOCATION: Land use changes and subdivision for Kelly Ranch APN: 208-020-37 and 38 Acres: 433 Proposed No. of Lots/Units: 178 lots GENERAL PLAN AND ZONING Land Use Designation: RM/OS/RMH/T-R Density Allowed: 4-15 Density Proposed: 0-15 Existing Zone: EC Proposed Zone: R-1 /R-3/RDM/OS/R-P Surrounding Zoning and Land Use: (See attached for information on Carlsbad's Zoning Requirements) Zoning Land Use Site PC VACANT North R-l/OS RESIDENTIAL South OS/P-U VACANT East OS/C-M/R-1 RESIDENTIAL West OS VACANT PUBLIC FACILITIES School District: Carlsbad Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): N/A Public Facilities Fee Agreement, dated: August 29.1997 ENVIRONMENTAL IMPACT ASSESSMENT Negative Declaration, issued Draft Environmental Impact Report, dated February 1999 Other, CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM (To be Submitted with Development Application) PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAMEAND NO- KELLY RANCH. EIR 98-05/GPA 97-07/ZC 97-07/ZCA 88-03/LCPA 97-09/MP 174rBVLFMP 87-08/CT 97-16/HDP 97-17/CDP 97-43/PUD 99-02 LOCAL FACILITY MANAGEMENT ZONE: 8 GENERAL PLAN: QS/RM/T-R/RMH ZONING: PC DEVELOPER'S NAME: Kellv Land Comoanv ADDRESS- 201 1 Palomar Airport Road Suite 206 Carlsbad California 92009 PHONE NO.: 760-931-1190 ASSESSOR'S PARCEL NO.: 208-020-37/38-00 QUANTITY OF LAND USE/DEVELOPMENT (AC.. SQ. FT.. DIH: 433 acres A. B. C. D. E. F. G. H. I. J. K. L. City Administrative Facilities: Demand in Square Footage = Library: Demand in Square Footage = Wastewater Treatment Capacity (Calculate with J. Sewer) Park: Demand in Acreage = Drainage: Demand in CFS = Identify Drainage Basin = (Identify master plan facilities on site plan) Circulation: Demand in ADT = (Identify Trip Distribution on site plan) Fire: Served by Fire Station No. = Open Space: Acreage Provided = Schools: Sewer: Demands in EDU Identify Sub Basin = (Identify trunk line(s) impacted on site plan) Water: Demand in GPD = = 539 = 287 155 EDU 1.08 acres N/A B 1.550 ADT = #5 240 + acres 265 students 155 EDU N/A 34.100 GPD The project is 5 units under the Growth Management Dwelling unit allowance. Table 1 Area A existing A proposed B existing B proposed c D E F G H I J K L Total Gross Acres 12.9 10.2 192.5 195.2 8.0 27.0 45.0 7.8 21.3 14.6 36.3 55.0 6.3 5.5 Net Acres 12.4 9.7 0.0 2.7 5.3 7.4 35.7 2.6 15.6 9.9 22.1 28.3 1.2 3.8 Existing General Plan LU RMH OS RMH RM RM T-R RM RM RM RM RM RM GMCP 11.5 11.5 6.0 6.0 6.0 6.0 6.0 6.0 6.0 6.0 #units 142 60 44 214 93 59 132 169 7 22 942 Proposed General Plan LU RMH OS RLM RMH RM O RMH RMH RLM RLM RM RM GMCP 11.5 3.2 11.5 6.0 11.5 11.5 3.2 3.2 6.0 6.0 #units 111 17 85 214 179 114 70 90 7 22 909 LU = Land Use GMCP = Growth Management Control Point Table 2 What the Existing Master Plan provides Effect of rescinding the Master Plan and applying standard zoning What may be accomplished through a new Mater Plan DEVELOPMENT STANDARDS COMPARISON All RDM Expanded allowed uses in B All development requires a PUD 100 ft setback from wetlands- 50 if approved by CDFG (in LCP) Kelly Dr. extension 20 ft landscape on Park Dr. 30 ft setback on Cannon Common RV @500th Preserve access to Kirgis Increase Area F to 10.7 ac. SDP for "A" +PUD+CDP Areas of Modification = LCP requirements for 25% 25 ft horizontal variation allowed by City Berms and grade separation for residential Fire zones Non-profit for RV maintenance CC&Rs 1 0% density transfer 1 984 PD ordinance Bikeways on ECR/Cannon LCP 1/3 view issue resolved for "A" Facilities phasing Sign program No community facility R-l/R-3/RDM/OS/R-P No uses in B PUDfor'T"T'&"A" 100 ft setback from wetlands- 50 if approved by CDFG (in LCP) No Kelly Dr. extension 20 ft setback on Park Dr. perPD 20 ft setback on Cannon per R-3 (30+proposed) Not required (proposed with map) Required with map No increase PUD for "A"+CDP+SDP(Q over all GP designations) LCP requirements for 25% LCP requirements for 25% Berms and grade separation for residential proposed with map Fire zones proposed with map HOA will provide maintenance CC&Rs proposed with map No density transfer 1 998 PD ordinance Cannon Road bikeway proposed with map Include resolution in LCPA As required by LFMP Sign program with map Community facilities proposed on Area "F" R-l/R-3/RDM/OS/R-P No uses in B PUD for "I""J"&"A" 100 ft setback from wetlands- 50 if approved by CDFG (in LCP) No Kelly Dr. extension 20 ft + on Park Dr. 30 ft + setback on Cannon Common RV up front Preserve access to Kirgis No increase Multiple permits LCP requirements for 25% LCP requirements for 25% Berms and grade separation for residential Fire zones Non-profit or HOA CC&Rs Yes or no density transfer 1 998 PD ordinance Bikeways on ECR/Cannon Include resolution in LCPA As required by LFMP Sign Program Community facilities as required by General Plan Table 2 - continued PROCEEDURAL IMPACTS No affordable housing provided but required with maps Affordable housing required for each map. Current proposal has an agreement which covers Master Plan area. Affordable program, (incorporate existing agreement) Current Master Plan Requirements Comparison Existing MP requires: 35 ft height (RDM/PD) 66% OS Graphic of Public Facilities Public Facilities Phasing None provided Notes El -16 Mostly refers to PD and RDM None provided Methods of maintenance Mitigation measures Open Space Map Sign program Coastal Regulations 1984 Requirements per zoning and current proposal: 35 ft R-3&RDM/30 ft R-l 66% OS proposed None required. Provided in LFMP None required. Provided in LFMP None required None required Provided in LFMP Methods of maintenance provided with maps Mitigation measures shown inEIR Concept landscape plan Sign program required with map Coastal Regulations 1998 Current Master Plan Requirements: 30 ft height 15% OS Graphic of Public Facilities Public Facilities Phasing Fiscal Impact Report Special Development Regulations Program to meet Public Facilities needs methods of maintenance Mitigation measures Landscape open area plan Sign program Coastal Regulations 1998 . V --'-"••-~-^f!^^ , - FACILITY City Administration Library Waste Water Treatment Parks Drainage Circulation Fire Open Space Schools Sewer Collection System Water DEMAND 963 units 3,348 square feet. 1,786 square feet 963 EDU 6.70 acres Agua Hedionda Lagoon Watershed 10,302 ADT Station #5 109.8 acres 265 students 963 EDU 211,860GPD FINANCING CFDNo.l/PFF CFDNo.l 1/PFF Fee PIL/PFF Fee Developer/CFDNo.l CFD No.3/PFF PFF 240+ ac. Provided Onsite Schools Agreement Developer/Fee Developer/Fee CFD= Community Facilities District PFF= Public Facilities Fees EDU= Equivalent Dwelling Unit PIL= Park In-lieu Fee ADT= Average Daily Traffic GPD= Gallons per Day