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HomeMy WebLinkAbout1984-08-07; City Council; 7846; Establish a Hospital overlay zone4- CIT’ JF CARLSBAD - AGENDA ‘ILL hB#Ld?& MTG. 8/7/84 DEPT. PLN TITLE RESOLUTION OF INTENTION TO ESTABLISH A HOSPITAL OVERLAY ZONE DEPT. HD.& I CITY ATTYM lcin MGR.Z RECOMMENDED ACTION: Staff is recommending that the City Council ADOPT Resolution of Intention No. 171 indicating an intent to hold public hearings on a Hospital Overlay Zone. ITEM EXPLANATION The DAON Corporation (letter dated June 28, 1984, attached) along with Scripps Hospital has requested that the City initiate a zone code amendment which could provide the opportunity for a hospital to be built in the northwest La Costa area. As indicated in the letter there are a number of ways in which this request could be accomplished. This would include the creation of a new zone, the use of an overlay zone, or a zone code amendment to permit hospitals in residential zones with a conditional use permit. After consulting with other agencies and with the proponents, staff feels that a hospital overlay zone should be utilized. There are four major reasons why staff felt the overlay is the best approach. It could be used anywhere in the City. The underlying zone would not have to be changed. The overlay zone would expire if the hospital project does not materialize. It could provide for hospital support uses (medical offices, equipment, etc.) which could be difficult with just a conditional use permit. If Council approves the Resolution of Intention, staff could draft an overlay zone within 4 or 5 weeks and schedule it for hearing at the next available Planning Commission hearing. FISCAL IMPACT Approval of the Resolution of Intention will only have a fiscal impact to the City in that additional staff time will be utilized to draft and process the overlay zone. ENVIRONMENTAL IMPACT No environmental assessment is necessary at this time. EXHIBITS 1) Resolution of Intention No. 171 2) DAON Corporation Letter, dated June 28, 1984 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF INTENTION NO. 171 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA DECLARING ITS INTENTION TO CONSIDER AN AMENDMENT OF TITLE 21 OF THE CARLSBAD MUNICIPAL CODE. Pursuant to Section 21.52.020 of the Carlsbad Municipal Code the City Council of the City of Carlsbad hereby declares its intention to consider an amendment of Title 21 of the Carlsbad lrlunicipal Code: By the creation of a Hospital Overlay Zone. The Land Use Planning Manager is directed to draft a Hospital Overlay Zone and set the matter for public hearing before the Planning Commission. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 7th day of August, 1984 by the following vote, to wit: AYES : Council Wrs Casler, Lewis, Kulchin, Chick, and Prescott NOES: ABSENT: None ATTEST: ?!!!Ute@ Clerk MN CORPORNON 4350 VON KARMAN, SUITE 100, NEWPORT BEACH, CALIFORNIA 92660 TELEPHONE (714) 476-2766 Our file Number June 28, 1984 Mr. Mike Holtzmiller Land Use Planning Manager P1 ann ing Depart men t CITY OF CARLSBAD 1200 Elm Street Carlsbad, CA 92008 Dear Mike: This is a request for initiation of an appropriate zone code amendment which will permit the filing at the earliest opportunity of a hospital application as provided in the proposed text of the La Costa Master Plan. As you know, we approached this issue in reliance on Section 21.38.030, General Provisions, which provides in a P.C. zone with an approved Master Plan that in case of conflict between Title 21 and the regulations of the Master Plan, the Master Plan shall control. Staff has advised us that this provision not with- standing, a conflict exists that must be rectified with an appropriate amendment to the zoning code. There are a number of options possible which vary in approach to resolving this conflict, each with differing complexity and time involved. The major options we feel could be considered are as follows: 1. Simply amend Section 21.42. Conditional Uses to permit hospitals, of say 30 acres or larger, to be processed in a residential zone. This would appear the most direct way and involve the least time to process. It would prevent numerous applications in established residential areas except the few major hospital proposals. If this opens up too great a city-wide issue then; 2. Simply amend Section 21.42 Conditional Uses to only permit hospitals in a PC zone where under an approved Master Plan the site is designated for residential uses and that Master Plan further provides for hospitals within that land use. This would be most direct and. 3 Mr. Mike Holtzmiller June 28, 1984 Page 2 involve minimum time and would restrict the area of the City where this issue could arise to La Costa. However, other areas with Faster Plans could request amendments of similiar nature. 3. Another approach would be to not amend the CUP zone but instead rezone the hospital site to commercial or industrial. This would be a lengthy time consuming process which would require a GPA and since zoning could not be conditioned for only a hospital use, it would be difficult to justify. Furthermore, should the hospital project not materialize, it would entail another lengthy time consuming effort involving a GPA and rezoning back to a residential use. 4. Undertake the creation of a new exclusive hospital zone. This would be equally time consuming since it would be a new land use not provided for in the General Plan, thus necessitating a GPA. In addition, no processing of a specific rezoning of property could occur until the basic zone and GPA were adopted, This might also involve an appropriate amendment to the Master P1a.n as well. 5. Undertake the creation of a new exclusive hospital overlay zone which could be applied. to existing residential land. Unlike the permanant zone in #4 above, this overlay zone would automatically expire should the hosptial project not materialize. This would avoid the problem of 3 and 4 above of requiring GPA's, rezonings and hlPA's to revert the zoning to the original residential use in the event a hospital did not materialize. It is possible that other approached are available as well. In any event we urge that the most direct and least time consuming approach is utilized. Some of the above outlined approached could delay proceeding with the current Scripps Hospital proposal for such an extended period of time as to possibly jeopardizing the entire project. Sincerely, DAON CORPORATION JG/mab cc: Mike Ryan, Bill Kennedy - DAON Rick Engineering Y