HomeMy WebLinkAbout2009-09-15; City Council; Resolution 2009-2291 RESOLUTION NO. 2009-229
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA APPROVING A RETROACTIVE TEN
3 YEAR EXTENSION OF CONDITIONAL USE PERMIT NO. CUP
00-36 TO ALLOW THE CONTINUED OPERATION OF AN
4 EXISTING WIRELESS COMMUNICATIONS FACILITY
CONSISTING OF A 240 SQUARE FOOT RADIO BASE STATION
5 (RBS) WITHIN A 400 SQUARE FOOT GARAGE AND A TOTAL
OF SIX (6) PANEL ANTENNAS WITHIN TWO EXPANDED
6 CHIMNEY STRUCTURES AND ONE FAUX CHIMNEY ON
RESIDENTIAL PROPERTY LOCATED AT 7512 CADENCIA
7 STREET IN LOCAL FACILITIES MANAGEMENT ZONE 6.
CASE NAME: AT&T 7512 CADENCIA
8 CASE NO.: CUP 00-36X1
9 The City Council of the City of Carlsbad, California, does hereby resolve as
follows:
10
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on July 15, 2009, hold a duly noticed public hearing as prescribed by law to
consider Conditional Use Permit Extension (CUP 00-36x1); and
WHEREAS, the City Council of the City of Carlsbad, on the 15th day of14
September, 2009, held a duly noticed public hearing to consider said Conditional Use Permit
A tJ
Extension, and at that time received recommendations, objections, protests, comments of all16
persons interested in or opposed to CUP 00-36x1.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City18
of Carlsbad as follows:
2Q 1. That the above recitations are true and correct.
21 2. That the recommendation of the Planning Commission for the approval of
a Conditional Use Permit Extension, is adopted and approved, and that the findings and
22 conditions of the Planning Commission contained in Planning Commission Resolutions No.
6600 on file with the City Clerk and incorporated herein by reference, are the findings and
23 conditions of the City Council. Future extensions will be granted by the Planning Commission
as required under the Carlsbad Municipal Code and by Condition No. 4 of Planning Commission
24 Resolution No. 6600.
25 3. This action is final the date this resolution is adopted by the City Council.
The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial
26 Review" shall apply:
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"NOTICE TO APPLICANT"
The time within which judicial review of this decision must be sought is
governed by Code of Civil Procedure, Section 1094.6, which has been
made applicable in the City of Carlsbad by Carlsbad Municipal Code
Chapter 1.16. Any petition or other paper seeking review must be filed in
the appropriate court not later than the nineteenth day following the date
on which this decision becomes final; however, if within ten days after the
decision becomes final a request for the record of the deposit in an
amount sufficient to cover the estimated cost or preparation of such
record, the time within which such petition may be filed in court is
extended to not later than the thirtieth day following the date on which the
record is either personally delivered or mailed to the party, or his attorney
of record, if he has one. A written request for the preparation of the
record of the proceedings shall be filed with the City Clerk, City of
Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008."
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 15tb day ofSeptarfca: 2009, by the following vote, to wit:
AYES: Council Marten? lewis, Rildrin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
ATTEST
J2,
(SEAL)
EM. WOOD, City Clerk
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