HomeMy WebLinkAbout2012-01-24; City Council; 20793; ADOPT ORDINANCE DOS COLINASCITY OF CARLSBAD - AGENDA BILL
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20,793
1/24/12
CITY
ATTY
ADOPTION OF ORDINANCE NO.
CS-169 AS INTRODUCED AT THE CITY
COUNCIL MEETING OF JANUARY 10,
2012
DEPT. DIRECTOR
CITY ATTORNEY
CITY MANAGER
RECOMMENDED ACTION:
Adopt Ordinance No. CS-169 as introduced at the Council meeting of Tuesday, January 10,
2012.
ITEM EXPLANATION:
At its meeting of Tuesday, January 10, 2012, tlie City Council introduced Ordinance CS-169
adding Section III as set forth in the memorandum from the City Attorney, dated January 10,
2012 (attached as Exhibit 2) and adding the phrase "or permit to accept deposits" after the
phrase "certificate of authority.
If adopted by the Council, the Ordinance, or a summary of it, must be published within 15 days
of the date of its adoption and effective 30 days after its adoption.
FISCAL IMPACT:
All required improvements needed to serve this project would be funded by the developer. The
Facility Financing section ofthe amended Zone 15 Local Facilities Management Plan (LFMP 15
(E)) provides a list of the financing options proposed to guarantee the public facilities necessary
to serve development within Zone 15.
ENVIRONMENTAL IMPACT:
The project EIR certifying the refined no affordable housing site alternative ofthe Environmental
Impact Report (EIR 09-01) was approved by the adoption of Resolution 2011-285 on January
10, 2012.
EXHIBITS:
1. Ordinance No. CS-169
2. City Attorney memorandum dated January 10, 2012
DEPARTMENT CONTACT: Ron Ball 760-434-2891 ron.ball@carlsbadca.gov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC •
DENIED • CONTINUED TO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER - SEE MINUTES •
AMENDED •
1 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 IO"' 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 7
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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
XZJS..
RONALD R. BALL, City Attorney
MATTflHALL, Mayor
ATTEST:
'>iii\\\\
M. WOOD, City Clerk
CITY OF
^ CARLSBAD
January 10, 2012
To: MAYOR AND CITY COUNCIL
From: CITY ATTORNEY
Re: DOS COLINAS PROFESSIONAL CARE FACILITY (AGENDA BILL # 20,761,
COUNCIL MEETING 1-10-2012, ITEM NO. 13)
The City Council will be considering a number of legislative actions amending the
General Plan, the Local Facilities Management Plan, and the Zoning Code and certifying
the environmental impact report for this 305-unit professional care facility. A number
of questions have arisen as to its description in the staff reports and resolutions adopted
by the Planning Commission as a "continuing care retirement community". That phrase
is a term of art as defined in Health & Safety Code section 1771(10) which defines it as
follows:
"A continuing care retirement community means a facility located within
the State of California where services promised in a continuing care
contract are provided. A distinct phase of development approved by the
"state department" may be considered to be the continuing care
retirement community when a project is being developed in successive
distinct phases over a period of time..."
The legislative intent in adopting statutes regulating continuing care contracts, declares
that continuing care retirement communities are an alternative for the long-term
residential, social, and health care needs of California's elderly residents (Health &
Safety Code §1770(a)).
The state department must issue a certificate of authority or provisional certificate of
authority before a provider can enter into contracts for continuing care. The actions
before the Council tonight do not do this; instead, they are separately conducted by the
state department. To make this abundantly clear, it is suggested that the following
condition be added to Ordinance No. CS-169 as follows:
City Attorney
1200 Carlsbad Village Drive I Carlsbad, CA 92008 I 760-434-2891 I 760-434-8367 fax I www.carlsbadca.gov
Page 2
"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 must be submitted to the City Planner 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."
Should you have any questions regarding the above, please do not hesitate to contact
me.
RONALD R. BALL
City Attorney
/rn
c: City Clerk
City Manager
Community & Economic Development Director
City Planner
6
Jan. 24, 2012
Honorable Mayor Matt Hall
& Council Members
C/o City Clerk
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
Re: Ordinance for Adoption No. CS-169 - Dos Colinas Project
Dear Honorable Mayor & City Council Members:
Friends of Aviara, a non-profit environmental group, objects to the passage of Item 6 on the Consent
Calendar styled AB#20-793-Dos Colinas Project. This ordinance amends the municipal code by changing
zoning designations on three lots that are part ofthe Dos Colinas Project, a 300-plus unit retirement and
assisted living community proposed by WestLiving LLC.
For two years, we have raised questions about the scope and wisdom of this project on environmental,
economic and public policy grounds. One of our objections centers on the decision by the city, including
this council in its unanimous vote earlier this month, to ignore the density guidelines for these parcels
and allow a tripling of the number of living units allowed on this property from about 130 units to over
300.
To do this, the city has employed the technique of treating the project as "commercial" instead of
"residential." As a result, the density increases allowed on these parcels can be ignored when the city
adds up the number of residences constructed in Carlsbad. Additionally, the city has said the 130
original residential units allocated to this region may be placed anywhere in the city.
This means that density on these parcels is not only being tripled, but current homeowners ~ those of
us lucky enough to live in homes actually designated as "residences" by the city ~ can look forward to
density being increased in our neighborhoods as the city searches for a new home for these 130
residential units.
Unfortunately, the shoehorning of these units into existing neighborhoods will be done with more
zoning changes resulting in the undermining of the character of our communities and decades of efforts
to act responsibly and preserve the natural habitat. This action sets a bad precedent for this city.
We encourage you to reconsider this project and reject the zoning changes contained in this ordinance.
Thank you.
Respectfully,
On behalf of Friends of Aviara