HomeMy WebLinkAbout2012-01-24; City Council; CS-169; DOS COLINAS1 ORDINANCE NO. CS-169
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING SECTION 21.05.030 OF
3 THE CARLSBAD MUNICIPAL CODE BY AN AMENDMENT TO
THE ZONING MAP TO GRANT A ZONE CHANGE (ZC 09-02)
4 ON THREE LOTS FROM LIMITED CONTROL (L-C) TO
RESIDENTIAL DENSITY-MULTIPLE (RD-M), RESIDENTIAL
5 MOBILE HOME PARK (RMHP) AND OPEN SPACE (OS) ON A
46-ACRE PROPERTY GENERALLY LOCATED NORTH OF
6 SUNNY CREEK ROAD, SOUTH OF CANNON ROAD, EAST OF
EL CAMINO REAL, AND WEST OF THE FUTURE EXTENSION
7 OF COLLEGE BOULEVARD REACH "A", IN LOCAL FACILITIES
MANAGEMENT ZONE 15.
8 CASE NAME: DOS COLINAS
CASE NO.: ZC 09-02
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WHEREAS, the City Council did on the 10* day of January 2012, hold a duly
noticed public hearing as prescribed by law to consider said request; and
WHEREAS, said application constitutes a request for a Zone Change as shown
on Exhibit "ZC 09-02 - DOS COLINAS," dated October 19, 2011, attached hereto and made a
part hereof; and
WHEREAS at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said City Council considered all
factors relating to the ZC 09-02 - Dos Colinas.
NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as
follows:
SECTION I: That section 21.50.030 of the Carlsbad Municipal Code, being the
zoning map, is amended as shown on the map marked "ZC 09-02 - Dos Colinas," dated
October 19, 2011, attached hereto and made a part hereof.
SECTION II: That the findings and conditions of the Planning Commission in
Planning Commission Resolution No. 6827 shall also constitute the findings and conditions of
the City Council.
SECTION III: This zoning amendment does not approve any contracts for
continuing care in a "community care retirement community" as that phrase is defined in Health
& Safety Code §1771(10) and the applicant shall comply with the requirements of state law. A
state certificate of authority or permit to accept deposits must be submitted to the City Planner
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prior to the advertisement or entering into any contracts in this facility. This condition, however,
does not create any duty on behalf of the City, its departments or personnel, and no liability
shall arise from it. This condition is an additional consumer protection measure.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be
published at least once in a publication of general circulation in the City of Carlsbad within
fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the 10*^ day of January 2012, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 24th day of Janury, 2012, by the following vote, to wit:
AYES: Council Members Hall, Kulchin, Blackburn, Douglas and Packard.
NOES: None.
ABSENT: None.
ABSTAIN: None.
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
MATTWALL, Mayor
ATTEST:
M. WOOD, City Clerk
'(SEAL)
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