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HomeMy WebLinkAbout1998-12-02; Planning Commission; ; CDP 96-13A - KELLY RANCH VILLAGE "E"The City of CARLSBAD Planning Department Item No. (T P.C. AGENDA OF: December 2,1998 Application complete date: October 8, 1998 Project Planner: Christer Westman Project Engineer: Mike Shirey SUBJECT: CDP 96-13fA^ - KELLY RANCH VILLAGE "E" - Request for a recommenda- tion of approval for an amendment to Coastal Development Permit CDP 96-13 to allow grading within the winter season as defined by the Mello II segment of the Carlsbad Local Coastal Program on approximately 45 acres of land generally located south of Cannon Road and west of El Camino Real in Local Facilities Management Zone 8. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 4430 RECOMMENDING APPROVAL of an amendment to Coastal Development Permit CDP 96- 13(A) based on the findings and subject to the conditions found therein. II. INTRODUCTION The requested amendment is to explicitly allow the project to grade during the winter months. III. PROJECT DESCRIPTION AND BACKGROUND The Kelly Ranch Village "E" project was approved by the Planning Commission in January 1998 and the City Council in April 1998. Although it was implied in the approving resolution, there was no condition in the resolution which allowed grading on the site during the Coastal Program designated winter season. This amendment will add a condition which allows grading on the project site during the winter season. The need to allow winter grading on the site comes from the site's connection to the construction of Cannon Road. Because of Cannon Road's adjacency to least Bell's vireo habitat, construction of Cannon Road has been restricted to that time period which is outside of the least Bell's vireo breeding season (summer) and the construction of Cannon Road requires dirt from the development area of Village "E". Therefore, grading must be allowed within the Village "E" area of development to coincide with the development schedule of Cannon Road. It is anticipated that the grading necessary to acquire Cannon Road dirt within Village "E" will be completed in mid December of 1998. Staff has recommended that grading be allowed within Village "E" through the month of December 1998 to accommodate the anticipated schedule and a short period of time thereafter for over-runs. CDP 96-13(A) - KELLY RANCH VILLAGE "E" December 2,1998 P_age_2 IV. ANALYSIS A. Coastal Development Regulations This project site is located within the Mello II segment of the City's Local Coastal Program and is subject to the land use policies and implementing ordinances which are a part of that segment. One of the requirements of this Coastal Program is a standard limitation on winter grading (October 1 through April 1). This standard condition is applied to prevent excessive erosion and/or sedimentation into sensitive areas. The combination of winter grading prohibition and avoidance of the least Bell's vireo breeding season (summer) creates a timing conflict. This conflict is best resolved by adhering to the least Bell's vireo nesting season and allowing winter grading with appropriate safeguards. Grading is scheduled to be completed during the early winter season and can be accomplished with no negative consequences to the site or neighboring sites. The City's grading ordinance (Title 11 of the Carlsbad Municipal Code) contains numerous regulations which govern grading activities, including regulations specifically for grading occurring during the rainy season. The Engineering Department has concluded that these existing regulations are sufficient to prevent unacceptable erosion/sedimentation and/or other impacts to the project site or the surrounding areas. These measures ensure that detailed plans of all protective drainage and erosion control measures meet with the approval of the Engineering Department. In addition, standard grading regulations require the revegetation of all cut slopes to further reduce potential erosion damage. V. ENVIRONMENTAL REVIEW Allowing winter grading was implied and encouraged in the environmental analysis and Mitigation Monitoring and Reporting Program approved for the project in January 1998. A notice of Prior Compliance was issued by the Planning Director. ATTACHMENTS: 1. Planning Commission Resolution No. 4430 2. Location Map 3. Planning Commission Resolution No. 4228 dated January 1998 4. Disclosure Statement CW:eh:mh KELLY RANCH VILLAGE "E" CDP96-13(A)