HomeMy WebLinkAbout2015-08-25; City Council; CS-283; Adopt the Agua Hedionda South Shore Specific Plan without Alteration...Exhibit 1
1 ORDINANCE NO. CS-283
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
^ CARLSBAD, CALIFORNIA, ADOPTING THE AGUA HEDIONDA
4 SOUTH SHORE SPECIFIC PLAN, WITHOUT ALTERATION
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WHEREAS, on May 12, 2015, Edmond W. (Bill) Dominquez, Maureen
7 Simons, and Carlton Lund (Proponents), representing "Preserving Carlsbad Open
Space The Right Way" submitted to the City Clerk's office a Notice of Intent to
Circulate a Petition for a citizen-led initiative measure for the purpose of proposing
to the voters of Carlsbad the enactment ofthe Agua Hedionda South Shore Specific
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12 Plan for 85% Open Space and 15% Retail (Agua Hedionda 85/15 Specific Plan
13 Initiative), and,
WHEREAS, on May 12, 2015, the Proponents also voluntarily submitted
an extensive Environmental Analysis report which included twenty-five technical
areas of analysis and evaluation, and.
18 WHEREAS, on May 19, 2015, the City Council adopted Resolution No.
2015-127 authorizing the city staff to initiate the preparation of a report pursuant
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to Elections Code 9212 (9212 report) for the Agua Hedionda South Shore Specific
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Plan Initiative Measure; and,
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23 WHEREAS, on May 26, 2015, the initiative proponents received the
24 Ballot Title and Summary written by the City Attorney, which titled the initiative as
"The Agua Hedionda South Shore Specific Plan"; and,
WHEREAS, the Ballot Title and Summary were published, along with the
Notice of Intent, in The San Diego Union-Tribune newspaper (May 28, 2015) and
the Coast News newspaper (May 29, 2015) and posted in five (5) public places in
1 the City of Carlsbad where the city regularly posts public notices (May 28, 2015)
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and a proof of publication was delivered to the City Clerk on May 29, 2015; and,
WHEREAS, the initiative petition was circulated for signatures and was
filed with the Carlsbad City Clerk on July 8, 2015, with 20,479 signatures; and.
6 WHEREAS, the City Clerk completed a prima facie review of the petition
and delivered the petition to the County of San Diego Registrar of Voters on July 8,
2015; and,
WHEREAS, per the Elections Code, the County of San Diego Registrar of
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•\ Voters had up to thirty working-days, or until August 18, 2015, to examine the filed
12 petition and from the records of voter registration ascertain whether or not the
petition was signed by the requisite number of registered voters in the City of
Carlsbad; and,
WHEREAS, the 9212 Report for the Agua Hedionda South Shore Specific
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17 Plan Initiative Measure was completed by city staff and made available to the City
Council and the general public on August 7, 2015; and,
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22 certification indicated that the Registrar of Voters had verified the petition as
23 sufficient under the provisions of Elections Code section 9211, and that it was
signed by not less than 15% of the registered voters of the city pursuant to
Elections Code section 9214. The Elections Code provides that the City Clerk shall
certify the results of the review of the Registrar of Voters examination to the City
WHEREAS, on August 13, 2015, the Registrar of Voters completed its
review and delivered a certificate of the results to the Carlsbad City Clerk. The
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28 Council at its next regular meeting; and,
Council meeting after receipt by the Carlsbad City Clerk of the Registrar of Voters
sufficiency certificate, the City Council adopted Resolution No. 2015-208 certifying
the results of the Registrar of Voters sufficiency examination on the petition filed
meeting, the City Council received a presentation on the 9212 Report prepared for
the Agua Hedionda South Shore Specific Plan Initiative Measure; and.
1 WHEREAS, on August 18, 2015, at the next regularly scheduled City
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6 for the Agua Hedionda South Shore Specific Plan Initiative Measure; and,
WHEREAS, at the regularly scheduled August 25, 2015, City Council
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WHEREAS, the City Council is authorized by Elections Code section
12 9214(a) to adopt the ordinance proposing the Agua Hedionda South Shore Specific
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Plan, without alteration, within ten days after certifying the results ofthe Registrar
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of Voters sufficiency examination on the petition.
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16 NOW, THEREFORE, the City Council of the City of Carlsbad ordains as
follows that:
SECTION 1. That the above recitations are true and correct.
SECTION 2. That the City Council hereby adopts, without alteration, the
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21 Agua Hedionda South Shore Specific Plan, as incorporated herein by reference. Said
^2 Ordinance shall be on file with the City Clerk.
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2g Agua Hedionda South Shore Specific Plan Ordinance to the California Coastal
27 Commission, as required by law, to obtain Coastal Commission certification thereof.
SECTION 3. That the City Council hereby directs city staff, pursuant to
Section B.D ofthe Agua Hedionda South Shore Specific Plan Ordinance, to submit the
28 with submittal to occur no later than 30 days after City Council adoption.