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HomeMy WebLinkAbout2012-11-06; City Council; Resolution 2012-243EXHIBIT 1 1 RESOLUTION NO. 2012-243 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE 3 PERMIT AMENDMENT AND A RETROACTIVE TEN-YEAR EXTENSION TO ALLOW THE: 1) EXPANSION OF THE 4 EXISTING TRANSFER STATION TIPPING BAY STRUCTURE; 2) COLLECTION OF UNIVERSAL WASTE; AND 3) COLLECTION 5 OF HOME-GENERATED SHARPS NEEDLES ON A SITE LOCATED ON THE EAST SIDE OF ORION STREET BETWEEN 6 FARADAY AVENUE AND EL CAMINO REAL AND WITHIN LOCAL FACILITIES MANAGEMENT ZONE 5. 7 CASE NAME: PALOMAR TRANSFER STATION CASE NO.: CUP 260(D) 22 23 24 27 28 The City Council of the City of Carlsbad, California, does hereby resolve as 8 9 follows: 10 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning 11 Commission did, on October 3, 2012, hold a duly noticed public hearing as prescribed by law to 12 consider Conditional Use Permit Amendment and Extension (CUP 260(D)) and adopted 13 Planning Commission Resolution No. 6907, recommending approval of Conditional Use Permit 14 Amendment and Extension (CUP 260(D)); and 15 WHEREAS, the City Council of the City of Carlsbad, on the 6th day of 16 November ^ 2012, held a duly noticed public hearing to consider adoption of a Conditional Use Permit Amendment and Extension (CUP 260(D)); and 1^ WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the City Council considered all factors relating to the adoption of a Conditional Use Permit Amendment and Extension. 21 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Carlsbad as follows: 1. That the above recitations are true and correct. 2. That the recommendation of the Planning Commission for the approval of 25 a Conditional Use Permit Amendment and Extension (CUP 260(D)) is adopted and approved, and that the findings and conditions of the Planning Commission contained in Planning 26 Commission Resolution No. 6907 on file with the City Clerk and incorporated herein by reference, are the findings and conditions ofthe City Council. 3 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 "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 ninetieth 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 is filed with a 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 ^th day of November 2012. by the following vote, to wit: AYES: Council Members Hall, Kulchin, Blackburn, Douglas,Packard NOES: None ABSENT: None \nii/