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HomeMy WebLinkAbout2012-01-24; City Council; 20793; ADOPT ORDINANCE DOS COLINASCITY OF CARLSBAD - AGENDA BILL AB# MTG. DfcPT. 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ACTION: APPROVED CONTINUED TO DATE SPECIFIC • DENIED • CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER - SEE MINUTES • AMENDED • 1 ORDINANCE NO.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 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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