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)
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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
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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
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. j. i . j.-'-nj it)' IOMI'1 NO.283 P.1/3
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KEULY RANCH
FAX TRANSMISSION COVER SHEET
DATE: - /*) - *?%" _ FAX NUMBER: 619/931-7950
FAXMODEM Ricoh
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PAGE COUNT (Including Cover Sheet)
SPECIAL INSTRUCTIONS:
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IF ANY MALFUNCTIONS OCCUR, PLEASE CALL OUR OFFICE
AT (619) 931-1190
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- 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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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