HomeMy WebLinkAbout2001-05-02; Planning Commission; ; GPA 00-09|ZCA 00-06|CT 97-16A|HDP 97-17A|CDP 97-43A|SDP 98- 04A|CDP 98-66A|SDP 98-18|CDP 98-70A - KELLY RANCHThe City of CARLSBAD Planning Depa, -dent
A REPORT TO THE PLANNING COMMISSION
P.C. AGENDA OF: May 2,2001
Item No.
Application complete date:
Project Planner: Christer Westman
Project Engineer: Mike Shirey
SUBJECT: GPA 00-09/ZCA 00-06/CT 97-1 6(A)/HDP 97-1 7(A)/CDP 97-43(A)/SDP 98-
04(A)/CDP 98-66(A)/SDP 98-18(A)/CDP 98-70(A) - KELLY RANCH - TO
amend previously approved discretionary actions taken by the City of Carlsbad on
the Kelly Ranch “Core Area” reducing the number of single family residential lots
by seven, reducing the number of apartment units by 43, relocating future day
care and recreational vehicle storage areas, establishing modified open space
preservation areas, amending the Carlsbad Zoning Ordinance to modify
regulations relating to coastal resources, and amending the General Plan land use
map on property generally located south of Cannon Road and east of Faraday
Avenue in Local Facilities Management Zone 8.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 4960
RECOMMENDING APPROVAL of a Negative Declaration and ADOPT Planning
Commission Resolutions No. 4961 - 4969 RECOMMENDING APPROVAL of General Plan
Amendment GPA 00-09, Zone Code Amendment ZCA 00-06, Tract Map Amendment CT 97-
16(A), Hillside Development Permit Amendment HDP 97-1 7(A), Coastal Development Permit
Amendment CDP 97-43(A), Site Development Plan Amendment SDP 98-04(A), Coastal
Development Permit Amendment CDP 98-66(A), Site Development Plan Amendment SDP 98-
18(A) and Coastal Development Permit Amendment CDP 98-70(A) based on the findings and
subject to the conditions contained therein.
11. INTRODUCTION
The Kelly Ranch “Core Area” tentative tract map, associated permits, and associated legislative
actions, including Local Coastal Program Amendment (LCPA 97-09), were reviewed by the
Planning Commission and the City Council and approved in spring 1999. Subsequently the
California Coastal Commission reviewed LCPA 97-09 and approved it subject to the addition of
numerous modifications. Most significantly, the modifications included avoidance of wetlands
within an existing Planning Area “D” detention basin, preservation of additional open space
adjacent to Planning Area “J”, incorporation of several development standards into the Mello I1
and Agua Hedionda segments of the Local Coastal Program, and incorporation of the same
development standards into the Coastal Resource Protection Overlay Zone (Chapter 21 203) of
the Zoning Ordinance.
The City Council approved the Coastal Commission suggested modifications as an amendment
[LCPA 97-09(A)] and directed staff to follow-up with the legislative actions necessary to
implement the suggested modifications and to process the physical changes to the Kelly Ranch
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tentative tract map and associated permits to make them consistent with the new standard of
review.
The proposed actions include a General Plan Land Use Amendment, text additions to Chapter
21.203 of the Zoning Ordinance and review of the changes to the Kelly Ranch “Core Area”
tentative tract map and associated permits.
The revised project has been analyzed for environmental impacts with reliance on the Kelly
Ranch Supplemental Environmental Impact Report previously certified by the City and has been
reviewed for consistency with the General Plan, Zoning Ordinance, newly revised Local Coastal
Program, and Local Facilities Management Plan. The project is consistent with these
aforementioned documents.
111. PROJECT DESCRIPTION AND BACKGROUND
The 433 acre Kelly Ranch had been part of the Kelly Family land holdings in Carlsbad for
decades. In partnership with Kaufman and Broad, a tract map and the Kelly Ranch Master Plan
were approved in 1984. Attempts to develop the property were not fi-uitful and the partnership
dissolved. Subsequently the Kelly Ranch tract map expired, yet the Kelly Ranch Master Plan
remained valid. The Hillman Company acquired the property and established the Kelly Land
Company which is listed as the current owner.
The Kelly Land Company processed several applications for the Kelly Ranch through the City in
1999 including both legislative and adjudicatory actions. All of the applications were reviewed
for potential environmental impacts in a Supplemental Environmental Impact Report.
The requested legislative actions affected the entire Kelly Ranch and the adjudicatory actions
were specific to the “Core Area”. Those actions which covered the entire 433 acre Kelly Ranch
were the rescission of the 1984 Kelly Ranch Master Plan, establishment of new General Plan and
Zoning designations, and amendments to the Local Coastal Program and Zone Code to reflect the
proposed project. Those actions which affected only the “Core Area” (Planning Areas D, F, G,
H, I, J, K and L) were the subdivision of these 174 acres into 4 large lots for multi-family
residential development, 154 smaller single family residential lots, and 19 lots for uses such as
open space, recreation, and day care. Planning areas are shown on Reduced Exhibit “Planning
Areas”.
Subsequently, the California Coastal Commission reviewed Local Coastal Program Amendment
(LCPA 97-09) and approved the amendment with numerous modifications. Adoption of the
modifications resulted in a change to the development standards of the Agua Hedionda Lagoon
and Mello I1 segments of the Carlsbad Local Coastal Program which in turn affected the design
of the approved Kelly Ranch tentative tract map and associated permits. Specifically,
preservation of a detention basin within Planning Area “D” caused the relocation of the
recreational vehicle storage area and child day care site. Preservation of additional open space
adjacent to Planning Area “J” caused a redesign of the street and lot configuration of Planning
Area “J”.
Since the Kelly Ranch project has been previously reviewed for consistency with the General
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Plan, Zoning Ordinance, and Local Coastal Program, the following analysis focuses on the
proposed amendments to the originally approved project and their compliance with applicable
ordinances and policies. The proposed project is subject to the following:
A. General Plan
B. Title 20 Subdivision Ordinance
C. R- 1 One Family Residential Zone/R-3 Multiple-Family Residential Zone
D. Qualified Development Overlay Zone
E. Hillside Development Ordinance
F. Coastal Resource Protection Overlay Zone
G. Local Coastal Program Mello I1 Segment
IV. ANALYSIS
A. General Plan
The Kelly Ranch project previously approved by the City included land use changes to most of
the planning areas. The land use changes predominantly coordinated land use types to Planning
Areas. Included in the previous application was a change in Planning Area “F” from
TravelRecreation Commercial (T-R) to Open Space and Office (OS/O). Much of Planning Area
“F” was intended to be preserved as open space and a small portion of it would be used as the
Agua Hedionda Lagoon Foundation information center and possibly a joint use with a child day
care center.
The Coastal Commission determined during their review of LCPA 97-09 that the entire Planning
Area “F” should be Open Space with the Agua Hedionda information center as an allowable use.
Therefore this General Plan Amendment (GPA 00-09) proposes a change of land use on Planning
Area “F” from Open Space and Office “OS/Oy to only Open Space. The revised project does not
consider Planning Area “F” for joint use with a child day care center. The revised project
provides for a possible child day care center within Planning Area “D”.
Additionally, the Coastal Commission determined that the development density of Planning Area
“A”, on the north side of the Lagoon within the Agua Hedionda Lagoon segment of the Local
Coastal Program, should be reduced and therefore was suggested to be changed from Residential
Medium High (RMH) to Residential Medium (RM). The difference between the two land uses is
a density range of 8-15 dwellings per acre under the RMH designation and 4-8 dwellings per acre
under the RM designation. Based on a net developable area of 9.7 acres, this General Plan
Amendment (GPA 00-09) reduces the possible residential units in Planning Area “A” from 1 11
to 58.
The proposed changes will reduce the intensity of development within these two planning areas
and as such will not have a detrimental effect to the surrounding area nor will there be a greater
need for services or infrastructure.
The proposed land use amendments are consistent with General Plan policies in that the project
will provide a variety of housing types, will not reduce existing quantities of designated open
space, will provide significant open space which will contribute to an overall desired quality of
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life, provides a correlation between density and topography, and provides for community service
facilities.
B. Title 20 Subdivision Ordinance
Per Title 20 of the Carlsbad Municipal Code, the project was required to process a major
subdivision map. Adoption of the Coastal Program modifications requires a revision to the map.
Section 20.12.120 of the Carlsbad Municipal Code identifies the process to revise a tentative
map.
The revised map must show that the proposed redesigned subdivision generally conforms to the
street and lot pattern shown on the original map; the redesigned subdivision must include only
one contiguous area consisting of all or a part of the original map; all of the information required
for a new subdivision must be provided for the revised map; the redesigned subdivision must be
submitted within 18 months of the original map approval; and, must otherwise be processed as a
new subdivision map. The proposed tract map revisions comply with these provisions as
discussed below.
The Tract Map approved for the “Core Area” by the City is 174 acres in size, includes individual
residential lots for 147 single family homes in Planning Areas “I” and “J”, and the remaining lots
are designed to accommodate development in Planning Areas “D, G, H’ of 451 apartment units,
recreational vehicle storage, child day care, and open space.
The preservation of Kelly Ranch Open Space had the effect of requiring a redesign of the
approved tentative map resulting in the elimination of seven (7) single family residential lots
within Planning Area “J” and a reconfiguration of the streets within Planning Area “J”. In
Planning Area “D”, Hemingway Drive was relocated to avoid a wetland located within an
existing detention basin. Apartment development was also prohibited in Planning Area “D” on
the north side of the realigned Hemingway Drive resulting in a loss of 43 apartment units. Also
in Planning Area “D”, lots 161 and 162 were relocated and reconfigured to accommodate new
designs for both recreational vehicle storage and child day care.
The proposed redesign of the single family lots in Planning Area “J” and lots 161 and 162 in
Planning Area “D” conforms to the Kelly Ranch Open Space exhibit of the Mello I1 segment of
the Local Coastal Program as revised to conform to the Coastal Commission’s modifications.
All residential lots are created to meet the required depths and widths of the underlying zone and
Chapter 20.16 of the Carlsbad Municipal Code, and all have access to a public street. The layout
of the revised subdivision generally conforms to the street and lot pattern of the original map and
does not include any land that was not part of the original map.
The site is adequate in size and shape to accommodate residential development at the density
proposed and is therefore physically suitable for the type and density of the development, in that
the project proposes 598 dwelling units which is within the density range which allows up to 694
units by the General Plan and the newly revised Mello I1 segment of the Local Coastal Program.
The design of the subdivision will not conflict with easements of record or easements established
by court judghent, or acquired by the public at large, for access through or use of property
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within the proposed subdivision, in that all lots created by the subdivision will have access to
publicly dedicated roads and conform to the dimension criteria established in Chapter 20.16.
Since the property is currently not accessible by improved roadways, the project is conditioned to
provide full improvements to Cannon Road from the westerly terminus of Planning Area E to the
intersection with Faraday Avenue. The project provides a portion of trail segment 23 consistent
with the Open Space Conservation and Resource Management Plan and a portion of trail
segment 24 within lot 78.
The property is not subject to a contract entered into pursuant to the Land Conservation Act of
1965 (Williamson Act) and is not subject to the agricultural preservation policies of the Mello I1
segment of the Local Coastal Program.
The single family portion of the subdivision is within the density range of (0-4) ddacre specified
for the site as indicated on the Land Use Element of the General Plan, and is below the growth
control point of 3.2. The project will provide Cannon Road improvements which is a Circulation
Element roadway. The subdivision was analyzed for noise impacts related to Cannon Road and
mitigation has been included as a condition of approval. The project is consistent with the
Housing Element of the General Plan and the Inclusionary Housing Ordinance as the Developer
has entered into an Affordable Housing Agreement to provide and deed restrict 124 dwelling
units as affordable to lower-income households. The Housing agreement pertains only to
Planning Areas A, C, D, E, G, H, I, and J. All other Planning Areas will be required to provide
their fair share with subdivision approval. The project provides significant areas of General Plan
Open Space which supports open space conservation and natural habitat preservation.
The request for an amendment to CT 97-16 is being processed within the 18 month time limit.
The original map was approved contingent on the approval of LCPA 97-09 by the Coastal
Commission. The approval of LCPA 97-09 was granted by the Coastal Commission on July 11,
2000 which triggered the approval of CT 97-16.
C. R-1 One-Family Residential Zone /R-3 Multiple-Family Residential Zone
The project is consistent with all applicable zoning designations and standards. The land uses
remain the same as originally approved. Single family homes are proposed within the areas
zoned R-1, apartments are proposed within the areas zoned R-3, and the Agua Hedionda Nature
Center is located within Open Space. Although there are fewer single family residential lots
proposed, the lot sizes remain consistent with the original approval. The same is true for the
apartment portion of the project. The building design remains the same, the use remains the
same, and the elimination of a portion of the apartments is not inconsistent with the R-3 Zone.
D. Qualified Development Overlay Zone
The Qualified Development Overlay Zone is intended to supplement the underlying zoning by
providing additional regulations for development within designated areas. The Planning
Commission and City Council may impose special conditions or requirements which are more
restrictive than the development standards of the underlying zone. Both the single family and
multifamily components of the project are within a Qualified Development area.
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Site Development Plans were reviewed by the Planning Commission and City Council for the
purpose of approving site plans and architecture. The changes to the tract map required minor
changes to the site plans for Planning Areas “J” and “D’.
Single family homes in Planning Area “J” have been re-plotted on lots along the northern half of
Twain Avenue. Twenty foot front yard setbacks are proposed as well as the required side yard
setbacks of 10% of the lot width and rear yard setbacks of 20% of the lot width.
Apartment buildings with 43 units have been deleted from Planning Area “D”. Building sites for
recreational vehicle storage and a child day care have been relocated to the east away from
Cannon Road. A minimum 6,160 square feet of recreational vehicle storage is required,
exclusive of drive aisles and driveways, and 7,200 square feet is being provided. The day care
pad is approximately one half acre and is projected to accommodate a facility of up to 100
children.
The setbacks, buildings, landscape, and grading for the project have been considered and have
been deemed to be appropriate for the type and location of proposed development. The project
has been conditioned to develop consistent with the Planning Commission Exhibits “N” through
“DD”. No special conditions or requirements are specified.
E. Hillside Development Ordinance
Chapter 2 1.95 requires that a Hillside Development Permit accompany any development
proposal which involves slopes of greater than 15 percent and an elevation differential greater
than 15 feet in height. These conditions applied to the original subdivision and therefore apply to
the revised map. The Hillside Development Permit Amendment is subject to all of the findings
for a new Hillside Development Permit and may only be approved if the six hillside findings can
be made.
The first two findings require that hillside and un-developable areas have been properly
identified. The proper identification of these circumstances are provided through the project
submittal in the form of a hillside conditions exhibit and a constraints exhibit. Both exhibits
were provided as required. Approximately 55 percent of the site is comprised of slopes between
0 and 25 percent, 13 percent of the slopes from 25 to 40 percent, and 32 percent of the slopes in
grades over 40 percent.
The third criterion is that the development must be consistent with the purpose, intent and
requirements of the Hillside Ordinance. The stated purpose and intent of the ordinance includes
the avoidance of substantial damage or alteration of significant natural resource areas;
preservation of the natural appearance of hillsides; consistency with the Open Space and
Conservation Element of the General Plan; prevention of erosion and protection of the lagoons
from excessive siltation; and assurance that development is compatible with existing topography.
Generally, the project has avoided substantial alteration of the site’s natural resources in that
more than 40% of the site will not be disturbed by grading. The area of preservation has been
increased through the subdivision redesign as a result of the Coastal Commission’s action to
create “Kelly Ranch Open Space”. The grading proposed over the remainder of the site includes
varying slope heights and terraced pads which reflects the site’s natural slope progression from
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low near the lagoon and upward movement in elevation to the plateau at Planning Area “J. The
pad elevations for the apartments, Planning Areas D, G, and H, have been increased by five feet
in height. The increase in pad height is caused by the requirement to preserve a desiltation basin
which under the original map was being filled to accommodate the recreational vehicle storage
area. Erosion control is a standard function of the grading permit process. The project is
consistent with the purpose and intent of the Hillside Ordinance.
Criterion number four requires that no residential or habitable development or grading will occur
in those portions of the property which are not developable pursuant to the provisions of Section
21.53.230. The un-developable lands include beaches, permanent bodies of water, floodways,
slopes greater than 40%, significant wetlands, riparian or woodland habitats, land subject to
major power line easements, land upon which other significant environmental features are
located, and railroad track beds. No residential or habitable development is proposed in areas
that are not developable.
The fifth and sixth criteria relate to the project’s design. The project must be designed to
minimize disturbance to hillside lands and substantially conform to the intent of the concepts
illustrated in the hillside design guidelines manual. The majority of the project is proposed in
areas that have been previously disturbed by authorized grading. Some areas of hillside which
will be disturbed by the project are isolated and not a part of the greater significant slopes. The
amended Hillside Development Permit includes a reduction in the disturbance to hillsides by
2.72 acres. The proposed development substantially follows the hillside pattern of the site.
Some areas of steep slope disturbance are required to access flatter portions of the site and are
therefore proposed to be graded. The proposed site plan does reflect consistency with these
provisions
F. Coastal Resource Protection Overlay Zone
The Kelly Ranch Local Coastal Program Amendment (LCPA 97-09) was approved by the City
Council in May 1999. Subsequently the amendment was submitted to and reviewed by the
California Coastal Commission (CCC) in July 2000. The CCC approved the amendment with
the inclusion of additional standards to be inserted into the City’s Zoning Ordinance. The Zone
Code Amendment (ZCA 00-09) is the incorporation of several Local Coastal Program
development standards into the Zoning Ordinance. The chapter affected by the ZCA is 21.203
which is the Coastal Resource Protection Overlay Zone. Approval of the ZCA will have the
greatest impact on the Kelly Ranch, however, there will also be implications in areas outside of
the Kelly Ranch boundaries within the Carlsbad Coastal Zone.
A summary of the most significant changes follows. The full text of the amendments can be seen
on Exhibit “ZZ”, dated May 2,2001 - Boldstrikeout Ordinance attached.
Coastal Program Modifications Specific to Kelly Ranch:
0 Preservation of coastal sage scrub and southern maritime chaparral within Kelly Ranch
Open Space.
0 Conservation easement dedication of the Kelly Ranch Open Space allows the
development of otherwise coastal- restricted steep slopes with habitat.
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0
0
Roads are a permitted use within the Kelly Ranch Open Space only when necessary to
access flatter areas and when designed to be least environmentally damaging.
A brush management program will be implemented for residential development which
effectively establishes a 40 foot structural setback from designated Open Space.
Preservation of scenic public views.
Landscape standards including the use of native plant species and a goal of screening
structures.
Substantial standards regarding water quality and specific thresholds for the filtration of
volume and maximum flow of storm events for residential and parking lot projects.
The Coastal Commission adopted Local Coastal Program modifications included water quality
standards and specific thresholds for the filtration of storm event volumes. The standards and
thresholds were derived from draft language being considered by the California Regional Water
Quality Control Board (CRWQB) San Diego Region but had not been adopted by the regional
board. When the City of Carlsbad City Council considered the standards and thresholds as part
of LCPA 97-09(A), the CRWQB had still not taken final action. Therefore, the Council
approved the standards and thresholds as suggested by the Coastal Commission with a caveat that
should different standards be adopted by the CRWQB, then the CRWQB language should be
incorporated into the Coastal Resource Protection Overlay Zone.
After the Coastal Commission adopted LCPA 97-09 with suggested modifications, and the City
approved LCPA 97-09(A), the CRWQB adopted Tentative Order No. 2001-01. The Tentative
Order has different and more detailed standards and thresholds than those adopted by the Coastal
Commission. Therefore, the standards and thresholds from Tentative Order No. 2001-01
regarding the filtration of volume and maximum flows are recommended for incorporation into
the Coastal Resource Protection Overlay Zone versus the language suggested by the Coastal
Commission.
Modifications that Pertain to All Other Areas in the Coastal Zone Except Buena Vista Lagoon,
Batiquitos Lagoon Watershed; Areas West of Paseo Del Norte. West of 1-5. and West of El
Camino Real Immediately Upstream of Existing Stormdrains:
0
0
0
Emphasis on the preservation of natural slopes greater than 25% and slopes greater than
25% possessing endangered species and/or coastal sage and chaparral communities.
Allowance of winter grading if summer grading is prohibited by a responsible resource
agency.
Requirement for all new development to be consistent with local ordinances regarding
water quality.
Each of these standards have also been incorporated into either the Agua Hedionda and/or Mello
I1 segments of the Local Coastal Program by action of the Coastal Commission on LCPA 97-09
and the City Council’s action on LCPA 97-09(A).
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G. Local Coastal Promam: Mello I1 Sepment
Carlsbad Tract CT 97-16A is located within the Mello I1 segment of the Carlsbad Local Coastal
Program. Therefore, the issuance of a Coastal Development Permit is required consistent with
the Mello I1 Segment of the Local Coastal Program, the R-1-Q and R-3-Q zones and Coastal
Resource Protection Overlay Zone.
The intent of the Coastal Resource Protection Overlay Zone is to supplement the underlying
zoning (R-1 -Q and R-3-Q) by providing additional resource protective regulations within
designated areas to preserve, protect and enhance the habitat resource values of Buena Vista
Lagoon, Agua Hedionda Lagoon, Batiquitos Lagoon, and steep sloping hillsides; to provide
regulations in areas which provide the best wildlife habitat characteristics; to encourage proper
lagoon management; and to deter soil erosion by maintaining the vegetative cover on steep
slopes.
Mello I1
As required by the Coastal Commission, several revisions have been made to the Mello I1
segment of the Carlsbad Local Coastal Program. The original project has been re-designed to
incorporate the revised language of the Mello I1 LCP Segment.
Planning Area “D” has been redesigned to eliminate apartment development north of
Hemingway Drive and that area has been designated as Open Space. However, a portion of the
area has been designed to accommodate recreational vehicle storage and a day care facility. A
minimum 800 foot open space corridor has been maintained and there is no encroachment into
Army Corps of Engineers jurisdictional wetlands.
Development within Planning Area “J” has been reduced by 7 residential lots to comply with the
preservation of Kelly Ranch Open Space which includes the Planning Areas’ west facing slopes.
Coastal Sage Scrub and Southern Maritime Chaparral have been preserved within the designated
Kelly Ranch Open Space. Preservation of the open space is guaranteed by conservation
easements granted to the City of Carlsbad.
The project densities proposed are within the ranges allowed by the Residential Low-Medium
and Residential Medium-High General Plan and Local Coastal Program designations. The single
family planning areas “I” and “J” may have up to 201 residential units but are proposed with 147.
The multifamily planning areas “D, G, and H’ may have up to 493 units and are proposed with
451.
A fire suppression plan has been submitted and is on file with the Planning Department
illustrating safety from fire hazard, protection of native habitat, and landscape screening of
residential structures.
A drainage plan has been prepared and is on file with the Planning Department illustrating
compliance with off-site siltation prevention as well as on-site water quality measures.
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The project has been conditioned to prepare and submit a public education program and
landscape management plan for the review and approval by the Planning Director prior to the
issuance of grading permits.
Development has been sited on the relatively flat portions of the property. Access to the flatter
portions of the property is gained by roads which are allowed to pass through designated open
space.
A public vista point has been provided within Planning Area “J” and access has been provided
between the vista point and the Agua Hedionda Lagoon via public sidewalk and trails.
Coastal Resource Protection Overlay Zone
Associated with these applications are amendments to the Coastal Resource Protection Overlay
Zone. The amendments make distinctions between protection measures for the Kelly Ranch and
for areas outside of the Kelly Ranch. The following analysis is based on the overlay zone as
amended. The overlay zone identifies five areas of protection. They are 1) steep slopes and
vegetation; 2) drainage, erosion, sedimentation, habitat; 3) landslides and slope instability; 4) seismic hazards; 5) floodplain development; 6) scenic preservation; and 7) landscaping
requirements.
1.
2.
3.
4.
5.
6.
The overlay policy states that within the Kelly Ranch steep slopes possessing endangered
plant/animal species andor coastal sage scrub and chaparral plant communities shall be
preserved in their natural state within the designated open space areas shown on the LCP
Kelly Ranch Open Space Map and addressed in Policy 3-5 of Mello 11. A Kelly Ranch
Open Space Map has been prepared and steep slopes within the Open Space have been
preserved by a conservation easement.
Special erosion control measures must be included as conditions of approval. These
“special” measures are standard measures required by the City’s Grading Ordinance and
are included as conditions of approval. These same measures are also required by the
Regional Water Quality Control Board.
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.
Because of the soil types and topography, the site is not prone to liquefaction and
therefore site-specific investigations are not required.
No development is proposed within the 100 year floodplain.
Scenic preservation standards within the Kelly Ranch require the planting of trees and
fire retardant vegetation as well as the use of low intensity earthtone building materials.
As part of the Site Development Plan and Coastal Development Plan review, the building
materials and colors are being considered.
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7. Landscape requirements focus on the use of native species. A landscape plan approved by
the Planning Director prior to the issuance of a grading permit which will ensure
compliance with this standard and the landscape component of the scenic preservation
standard .
The proposed project is in compliance with all requirements of the Local Coastal Program: Mello
II Segment.
V. ENVIRONMENTAL REVIEW
The proposed General Plan Amendment and Zone Code Amendment are actions required by the
California Coastal Commission in adoption of the Local Coastal Program and subsequent
adoption of LCPA 97-09(A) by the City of Carlsbad and are therefore statutorily exempt from
the provisions of the California Environmental Quality Act.
Environmental analysis was conducted on the original project through an Environmental Impact
Report (EIR). For the adjudicatory actions, the proposed amendments were reviewed against the
findings of the certified EIR and no new significant adverse effects were identified.
Benefits of the amendments include the reduction of the overall area of physical disturbance
without extending development into areas which were previously left undisturbed. The result is
a slight increase in the preservation of natural slopes and slope vegetation. Open space areas will
be designated as such by easements which prohibit the use of the property for anything other than
open space.
The reduction in residential units in turn reduces the demand for services and the average daily
traffic (ADT) by 424. Although there will be a reduction in the need for services and in ADT, no
change has been made to the provision of services, e.g. sewer and water lines, or to the capacity
of the associated roadways.
Based on data and conclusions of the Certified EIR, the project will result in cumulative impacts
to air quality and traffic/circulation which cannot be fully mitigated. A statement of overriding
considerations pursuant to Sections 15093 and 15126(b) of the CEQA Guidelines was adopted
when the EIR was certified and apply to the amended project. No new significant project level
impacts have been identified for biological resources, land use, visual resources, noise, and
archeological and paleontological resources. A Negative Declaration has been issued by the
Planning Director for the proposed amendments.
GPA 00-09/ZCA 00-06/~
SDP 98-04(A)/CDP 98-66(A)/SDP 98-1 8(A)/CDP 98-70(A) - KELLY RANCH
97-16(A)/HDP 97-1 7(A)/CDP 97-43(A)/
May 2,2001
Pane 12
ATTACHMENTS:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
cw:mh
Planning Commission Resolution No. 4960 (Neg. Dec.)
Planning Commission Resolution No. 4961 (GPA 00-09)
Planning Commission Resolution No. 4962 (ZCA 00-06)
Planning Commission Resolution No. 4963 (CT 97- 16A)
Planning Commission Resolution No. 4964 (HDP 97- 17A)
Planning Commission Resolution No. 4965 (CDP 97-43A)
Planning Commission Resolution No. 4966 (SDP 98-04A)
Planning Commission Resolution No. 4967 (CDP 98-66A)
Planning Commission Resolution No. 4968 (SDP 98- 1 SA)
Planning Commission Resolution No. 4969 (CDP 98-70A)
Location Map
Disclosure Statement
Background Data Sheet
Local Facilities Impact Assessment
Reduced Exhibit “Planning Areas”
Exhibit “ZZ”, dated May 2,2001 - Boldstrikeout Ordinance
Exhibits “A-DD‘, “Al-A18”, “11-110” and “Jl-J12” dated May 2,2001
KELLY RANCH
GPA 00-091ZCA 00=06/CT 97-1 6(A)/
HDP 97-1 7(A)/CDP 97-43(A)/SDP 98=04(A)/
CDP 98=66(A)/SDP 98-1 8(A)/CDP 98=70(A)
-
c
City of Carlsbad
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 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
APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned coruoratioii* include the
names. titles, and addresses of the corporate officers. (A separate page may be attached if
necessary.)
1NDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-
Address Address 217 -LDW De. *Zt7
\Qd\d€ C* 42~1g
b. 3 OWNER (Not the owner's agent)
Provide the COMPLETE, LEGAL names and addresses of & 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 Corp/Part Kelly Land Company
Title Title
Address 2011 Palomar Airport Rd.,Ste 112 Address
Carlsbad, CA 92009
2075 Las Palmas Dr. * Carlsbad. CA 92009-1576 - (760) 438-1761 - FAX (760) 438-0894 @
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 Cornminee.
The following information MUST be disclosed at the time of application submittal. Your project cannor
be reviewed until this information is completed. Please print.
Note:
Person is defined as “Any individual, fm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county. tit),
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 persons having a financial
interest in the application. If the applicant includes a corporation or uartnershin include the
names. title. addresses of all individuals owning more than 10% of the shares. IF NO
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 corp/part Kelly Land Company
INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-
Title Title
Address Address 2011 Palomar Airport Rd. ,Ste 112
Carlsbad, CA 92009
C. 3 OWNER (Not the owner’s agent)
Provide the COMPLETE, LEGAL names and addresses of & 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 W/A) IN THE SPACE BELOW. If a publiclv-
owned corooration. include the names. titles. and addresses of the corporate officers. (A separate
page may be attached if necessary.)
Person Corp/Part Kelly Land Company
Title Title
Address Address 2011 Palomar Airport Rd.,Ste 112 Carlsbad, CA 92009
2075 Las Palmas Dr. Carlsbad, CA 92009-1576 (760) 438-1161 FAX (760) 438-0894 @
DISCLOSURE STATEMENT
Applicant's statement or disclosure of certain ownership interests on all applications \vhich \vi11 require
discretionary action on the part of the Cit); Council or any appointed Board. Commission or Committee.
The following information MUST be disclosed at the time of application submittal. Your project cannor
be revie\ved until this information is completed. Please print.
Note:
Person is defined as "Any individual, fm, co-pmership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, in this and any other counq, city and county. cir).
municipality, district or other political subdivision or any other group or combination acting as a unit."
Agents may sipn this document; however, the lesa1 name and entity of the applicant and propeny owner must be
provided below.
I. APPLICANT (Not the applicant's agent)
Provide the COMPLETE, LEGAL names and addresses of persons havins 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
APPLICABLE @/A) IN THE SPACE BELOW If a publiclv-owned corporation. include tlie
names. titles. and addresses of the corporate officers. (A separate page ma]. be attached if
necessary.)
Person Corp/Pan Shea Homes Limited Partnership
INDIVIDUALS OWN MORE THAN 10% OF THE SHARES. PLEASE INDICATE NON-
(See attached list of partners) Title Xikk
Address Address 655 Brea Canyon Rd.) Walnut CA 91789
2. OWNER (Not the owner's agent)
Provide the COMPLETE. LEGAL names and addresses of 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 tlie names, title. addresses of all individuals owning more
than 10% of tlie 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 corDoration. include the names. titles. and addresses of the corporate officers. (A separate
page may be attached if necessaq.)
Person
Title Title
Address Address
Corp/Pan Ke 1 ly Land Company
2011 Palomar Airport Rd.,Ste 112
Carslbad, CA 92009
@ 2075 Las Palmas Dr. - Carlsbad, CA 92009-1 576 - (760) 438-11 61 - FAX (760) 438-0894
made a
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P"ERSWIP AGRBEWENT
OF
Snm HOMES UMITED PARTNERSHIP
A CALIFORNIA LIMITED PARTNERSHIP
mim Agrement or Partnership (the I@Agreement" ) is
I atwad into am of Janurry 4, 1989, by and between
&fer lirted on Schedule A, whioh ir attaohed hereto
orporated herein by thio reference (hareinhfter
to am nPartnefi").
ARTICfiE I.
*.
1.01 m. Tn8 Partner. hereby form a limited
hip (tho "Partnerehip") purouant to the California
Partnorship Aet (Section X3001 BQP. of tha Calitor-
ioratione code) to engage in the businerr hereafter
d and for the period and upon tho tennc 8nd conditions
tor set forth, The Partnership shall be a limited
hip.
L.02 m. The namo of the Partnership ohall be
mar Limited Partnership, a California Limited Partner-
nd the Partnership shall bo businerr6 in mat name.
5, 1989 1
rn
Gener J.
Limit Sha
Tak
Ba3
Jot Jok
Pat
E& Ed: Pr
- ..
octo1
LursmX ?. Shea Co., Inc.
L Inva8tmsnts
30 Partnership I
3oa Partnership
3 P. Shea, Tmstee a P. Shea Family Trust
ir 0. Shea
und H. Shea, Jr. Tna8t.e nand and nary Shea Real perty Trust
i.
hddrePP
655 Brea Canyon Road Walnut, CA 91789
65s Brea Canyon Road Walnut, CA 91789
655 Brea Canyon -R.oad Walnut, CA 91789
655 Brea Canyon Road Walnut, CA 91789
655 Bred Canyon Road Walnut, CA 91789
655 Br8a Canyon Road '- Walnut, CA 91789
655 Brea Canyon Road Walnut, CA 91789
CER IIFICATE OF CORPORATE SECRt ARY
OF J. F. SHEA CO., INC.
June 30,2000
I, James G. Shontere, Secretary of J. F. Shea Co., Inc., a Corporation created and existing under
the laws of the State of Nevada, do hereby certii and acknowledge the following action taken by
the Board of Directors of this Corporation without a meeting as permitted by the Bylaws of the
Corporation and applicable law.
RESOLVED, that the following named individuals are hereby elected to the
offices appearing after their respective names, and will sewe for the remainder
of the year or until their successors are elected and qualified:
RESOLVED, that any one of the following named officers of this Corporation:
John F. Shea, President; Edmund H. Shea, Vice President; and Peter 0. Shea,
Vice President; or any other person or persons designated in writing by any one
of said officers, or any two of the individuals named below, are hereby authorized
and empowered for and on behalf of this Corporation, on its own behalf or acting
as general partner of Shea Homes Limited Partnership, a California limited
partnership, to execute any bids, contracts, bid bonds, deeds, maps, plats or any
other agreements or documents necessary for the performance of such
contracts, agreements and/or documents, to execute any documents required to
borrow funds from any lender to be secured by real or personal property owned
by this Corporation, to execute agreements to purchase, escrow instructions,
and any related documents in connection with the sale and conveyance of real
property developed and sold by this Corporation on its own behalf, or acting as
general partner of Shea Homes Limited Partnership, a California limited
partnership, or any other real property owned by this Corporation, and to execute
notes, deeds, maps, performance and payment bonds, deeds of trust,
mortgages, guarantees, receipts, and all other documents necessary and
convenient to carry out the business operations of this Corporation on its own
behalf and doing business as Shea Homes, or acting as general partner on
behalf of Shea Homes Limited Partnership, a California limited partnership:
*John F. Shea, Director
*Edmund H. Shea, Jr., Director
*Peter 0. Shea, Director
Roy W. Humphreys, President
Richard C. Andreen, Vice President
Mark Brock, Vice President
Howard Hulme, Vice President
Max B. Johnson, Vice President
Ron Lakey, Vice President
Layne Marceau, Vice President
David Miller, Vice President
Buddy Satterfield, Vice President
Bert Selva, Vice President
Les Thomas, Vice President
David J. Van Ramshorst, Vice President
Bruce J. Varker, Vice President
Robert R. O’Dell, Treasurer
*James G. Shontere, Secretary
- Certificate of Corporate S
J. F. Shea Co., Inc.
June 30,2000
Page 2
,,ary of
Assistant Secretary:
Tim Amberry
Richard Raymond Andersen
Joanne Anderson
Paul L. L. Barnes
Ernest J. Boitano
Sue Brady
Robert T. Bunyan
Kurt R. Burger
Robert M. Burke
William M. Bush
Robert V. Claflin
Robert L. Crandall
Phil Culler
Scott Custer
John C. Danvers
Jeffrey H. Donelson
Jason L. Enos
Yvonne Espinoza
John Franklin
Takashi Fujii
Thom Gamble
David Garcia
Karyl Gately
Donald J. Gause
W. Steve Gilmore
Jack Godard
Ryan Green
Shirley V. Grimm
Carly Harlacher
Charla L. Hauser
Laura Herse
Jeff Hinkle
Dale Holbrook
Paul A. Howard
Catherine M. Huff
James Johnston
Jeffrey F. Kappes
Jim Kenny
Teresa G. Kershisnik
John Kilrow
Richard A. Knowland
Debra L'ltalien
Chester T. Latcharn
Hal Looney
Joyce Manigold
Marion P. Marcum .
Certificate of Corporate S.
J. F. Shea Co., Inc.
June 30,2000
Page 3
,.ary of
Assistant Secretary (continued):
H. James Matthews
Oren Jon McCaustland
Jeff McQueen
Ronald C. Metzler
Kevin O’Neill
Richard J. Obemesser
Brad Olsen
Steve Ormiston
Lee Pacheco
Jennifer Patterson
Kevin Peters
Ken Petersen
Robb Pigg
William J. Pisetsky
Wesley D. Popplewell
Philip Rafton
Tim Roberts
Darlene Robinson
Cynthia Roush
Carol A. Ryan
Alison B. Shea
Teri Shusterman
Eddy Skees
Eric Snider
Karen Tice
Alan F. Toffoli
Linda C. Tong
Michael J. Tracy
Ruth Truman
John B. Vane
John Vander Velde
Lily A. Wallace
Brian L. White
Lisa Whitney
Jeffrey D. Willis
Michael F. Wintemute
Robert J. Yoder
Jay Zimmer
*Board of Directors
NOTE, that the above list is the result of the deletion of N. Kelly House and
Jeanne Stott.
- Certificate of Corporate Aary of
J. F. Shea Co., Inc.
June 30,2000
Page 4
RESOLVED FURTHER, that either the President, Vice President or Assistant
Secretary of Shea Homes, Inc. is hereby authorized to execute and file on behalf
of this Corporation applications with the office of the California Real Estate
Commissioner, or the Colorado Real Estate Commissioner, for final Subdivision
Reports, or any similar document required or advisable with respect to all or any
portion of any real property which is owned by this corporation.
In testimony whereof, I have hereunto set my hand and the Corporate seal this 30th day of
June 2000.
J. F. SHEA CO., INC.
JamegG. Shonfere
Secretary
BACKGROUND DATA SHEET
CASE NO: GPA 00-09/ZCA 00-06/CT 97-16A/HDP 97-1 7NCDP 97-43A/SDP 98-
04NCDP 98-66NSDP 98- 18NCDP 98-70A
CASE NAME: Kelly Ranch
APPLICANT: Kelly Land Company, Shea Homes, Archstone Communities
REQUEST AND LOCATION: To amend previously approved discretionary actions taken by
the City of Carlsbad on the Kelly Ranch “Core Area” reducing the number of single family
residential lots by seven, reducing the number of apartment units by 43, relocatinp future day
care and recreational vehicle storage areas, establishing modified open space preservation areas,
incorporating Kelly Ranch subdivision design elements of the Carlsbad Local Coastal Program,
amending the General Plan land use map and incorporating new text into the Carlsbad Zoning
Ordinance on propertv generally located south of Cannon Road and east of Faraday Avenue in
Local Facilities Management Zone 8.
LEGAL DESCRIPTION: A portion of Lot “I” of Rancho Agua Hedionda and a portion of Lot
“F” of Rancho Agua Hedionda all in the City of Carlsbad. County of San Diego. State of
California, according to map thereof No. 823, filed in the office of the countv recorder of San
Diego County, November 16.1896
APN: 208-020-37 and 38 Acres: 433 Proposed No. of LotsAJnits: 171/598
GENERAL PLAN AND ZONING
Land Use Designation: RM/RLM/OS
Density Allowed: 0- 15 Density Proposed: 3.12- 13.9
Existing Zone: R-l/R-3/RD-M/OS Proposed Zone: N/A
Surrounding Zoning, General Plan and Land Use:
Zoning
Site R-l/R-3/RD-WOS
North R-1/OS
General Plan
RM/RLM/os
RLIWOS
Current Land Use
Vacant
Residential
South OS/ C-M/R-1 OSPm Vacant
East os/R-I OS/RLM Residential
West OSPU os Vacant
PUBLIC FACILITIES
School District: Carlsbad Water District: Carlsbad Sewer District: Carlsbad
Equivalent Dwelling Units (Sewer Capacity): 598
ENVIRONMENTAL IMPACT ASSESSMENT
Negative Declaration, issued April 2,2001
CITY OF CARLSBAD
GROWTH MANAGEMENT PROGRAM
LOCAL FACILITIES IMPACTS ASSESSMENT FORM
PROJECT IDENTITY AND IMPACT ASSESSMENT:
FILE NAME AND NO: KELLY RANCH GPA 00-09/ZCA 00-06/CT 97-16A/HDP 97-
17NCDP 97-43NSDP 98-04NCDP 98-66A/SDP 98-1 8NCDP 98-70A
LOCAL FACILITY MANAGEMENT ZONE: GENERAL PLAN: RM/RLM/OS
ZONING: R- 1 /R-3/RD-WOS
DEVELOPER’S NAME: Kelly Land Companv
ADDRESS: 201 1 Palomar Airport Road Suite 206 Carlsbad Ca 92009
PHONE NO.: 760-931-1 190 ASSESSOR’S PARCEL NO.: 208-020-37 and 38
QUANTITY OF LAND USEDEVELOPMENT (AC., SQ. FT., DU): 433 acres
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
City Administrative Facilities: Demand in Square Footage = 2075.59
Library: Demand in Square Footage = 1 106.98
Wastewater Treatment Capacity Demand in EDU 598
Park: Demand in Acreage = 4.15
Drainage: Demand in CFS = N/A
Identify Drainage Basin = B
Circulation: Demand in ADT = 5,068
Fire: Served by Fire Station No. = #5
Open Space: Acreage Provided = 240+
Schools: Carlsbad School District E: 142/JrH: 35/H:84
Sewer: Demands in EDU 598
Water: Demand in GPD = 13 1.340
The project is 59 units above the Growth Management Dwelling unit allowance.
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MACARIO CANYON
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SOURCE Proiect Desian Consultants
PLANNING AREAS