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HomeMy WebLinkAbout2011-06-07; City Council; CS-148; PROB D CANNON RD AGRIGULTURAL OPEN SPACE LANDS...EXHIBIT 4 1 ORDINANCE NO. CS-148 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING SPECIFIC PLAN 3 AMENDMENT 144(K) TO IMPLEMENT PROPOSITION D FOR THE CANNON ROAD AGRICULTURAL AND OPEN SPACE 4 LANDS ON PROPERTY GENERALLY LOCATED NORTH OF CANNON ROAD, SOUTH OF AGUA HEDIONDA LAGOON, 5 EAST OF THE I-5 FREEWAY AND WEST OF FARADAY AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 13. 6 CASE NAME: PROP D - CANNON ROAD AGRICULTURAL AND OPEN SPACE LANDS 7 CASE NO.: SP 144(K) 8 The City Council of the City of Carlsbad, California, does ordain as follows: 9 WHEREAS, the Encina Specific Plan SP 144 was originally adopted by City 10 Council Ordinance No. 9279 on August 3, 1971 and has since been amended several times and contains the rules and regulations for the orderly development of 680 acres of land; and 12 WHEREAS, the amendment is necessary to fully implement Proposition D for the Cannon Road Agricultural and Open Space Lands which affects properties within SP 144; and 14 WHEREAS, the City Council of the City of Carlsbad has reviewed and considered Specific Plan Amendment SP 144(K) for the Encina Specific Plan; and WHEREAS, after procedures in accordance with requirements of law, the City ' Council has determined that the public interest indicates that said SP 144(K) be approved. 18 NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as 19 follows: SECTION I: That SP 144(K), on file in the Planning Department, and incorporated herein by reference, is adopted. SP 144(K) shall constitute the development plan ~~ for the property and all development of the within the plan area shall conform to the plan. SECTION II: That SP 144(K), as amended to date, and further amended by Specific Plan Amendment SP 144 (K), dated December 1, 2010, is approved. SECTION II: That SP 144(K) replaces text and revises Exhibit C in the Encina 26 Specific Plan SP 144, as shown on Attachment SP 144(K). 27 28 1 SECTION IV: That the findings and conditions of the Planning Commission in 2 Planning Commission Resolution No. 6739 shall constitute the findings and conditions of the 3 City Council. 4 EFFECTIVE DATE: This ordinance shall be effective thirty days after its 5 adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be 6 published at least once in a publication of general circulation in the City of Carlsbad within 7 fifteen days after its adoption. 8 9 10 /// 11 /// 12 /// 13 /// 14 /// 15 /// 16 /// 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 -2- 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 INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 24th day of May 2011, and thereafter. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 7th day of June 2011 by the following vote to wit: AYES: Council Members Hall, Kulchin, Blackburn, Douglas, Packard. NOES: None. ABSENT: None. ABSTAIN: None. APPROVED AS TO FORM AND LEGALITY r-x RONACtfR. BALL, City, Attorney MATT HALt, Mayor ATTEST iRAIN&M. WOOD, City Clerk (SEAL) DONNA HERATY DEPUTY CITY CLERK. Dated: Va/I "aQqA-4EL19--1/ CERTIFICATION OF POSTING AND PUBLICATION OF ORDINANCE NOS. CS-145, CS-146, CS-147 and CS-148 Section 36933 (c) of the Government Code provides that a summary of an Ordinance may be published in lieu of the full text, providing the summary is published and a certified copy of the full text is posted in the Office of the City Clerk at least five days prior to the Council Meeting at which the Ordinance is adopted. Section 36933 (c) also requires that, within 15 days of the adoption of the Ordinance, a summary be published, showing the vote for and against the Ordinance, and a certified copy of the Ordinance be posted in the Office of the City Clerk. Therefore, in accordance with Section 36933 (c) of the Government Code, I do hereby certify as follows: 1.) That the adoption of Ordinance Nos. CS-145, CS-146, CS-147 and CS-148 is to be considered at the City Council Meeting to be held on the 7th day of June, 2011. 2.) That a certified copy of the full text of Ordinance Nos. CS-145, CS-146, CS-147 and CS-148 was posted in the City Clerk's Office on the 2nd day of June, 2011. 3.) That summaries of the Ordinances were published in the North County Times, on the 2nd day of June, 2011. (Seal) Certification of Posting and Publication of Ordinance Page 2 4.) That Ordinance Nos. CS-145, CS-146, CS-147 and CS-148 were adopted on the 7th day of June, 2011. 5.) That a certified copy of the full text of Ordinance Nos. CS-145, CS-146, CS-147 and CS-148 ,showing the names of those who voted in favor and against the Ordinance was posted in the City Clerk's Office on the 7 th day of 2011. 6.) That a summary of the Ordinance, showing the names of those who voted in favor of and against the Ordinance was published in the Coast News, on the tl t-11 day of June, 2011. DONNA HERATY DEPUTY CITY CLERK Dated: 6 7A (Seal)