HomeMy WebLinkAbout1975-02-18; City Council; Resolution 35971
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RESOLUTION NO. 3597
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, GRANTING
AN APPEAL OF A PLANNING COMMISSION DECISION
AND DENYING CONDITDNAL USE PERMIT (CUP 80-A)
FOR THE EBENEZER CHURCH.
WHEREAS, the Planning Commission of the City of Carlsbad
did on October 22, 1974, after public hearing, adopt Resolution
No. 1107 granting the Conditional Use Permit for the construction
and operation of a church and related facilities on property
generally located on the north side of Oak Avenue approximately
600 feet east of its intersection with Pi0 Pic0 Drive. Said
resolution is incorporated by reference herein;and
WHEREAS, a timely appeal of said decision was filed by
Charles and Marie Nissen seeking Council review of said decision;
and
WHEREAS, the City Council heard said appeal on December 15
1974 and did hold a duly noticed public hearing, and after hearinc
and considering all testimony, reports and communications returnec
the matter to the Planning Commission for report. Said report
has been received and the City Council has considered the matter
further ;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Carlsbad as follows:
1. That the above recitations are true and correct.
2. That the appeal is hereby granted and the decision
of the Planning Commission in granting the Conditional Use Permit
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is reversed. The application for Conditional Use Permit (CUP
80-A) is denied.
3. The City Council finds that the following facts and
reasons make the denial of said permit necessary:
(a) The lot comprising .55 acres is too small to
support the requested activity.
(b) The on-site parking provided is insufficient for
the proposed use.
(c) The site is located in the middle of a block in
an exclusively residential area and does not act as a transitional
use from residential to other uses.
(d) Access to the church is inadequate as the site
does not front on a residential collector or larger street nor is
it at an intersection of two streets.
(e) The street which provides access to the site is
narrow and unimproved with ditches on each side and no curbs,
gutters or sidewalks and is inadequate to serve the intensity of
church use.
(f) The narrow and unimproved nature of the street
effectively limits the availability of on-street parking which
further aggravates the inadequate parking in connection with the
church use.
(9) Because of its location, the church use on the
particular site is incompatible with the surrounding residential
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uses.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the 18th
by the following vote, to wit:
day of February , 1975,
AYES: Councilmen Frazee, Chase, Lewis, Skotnicki and
NOES: None Councilwoman Casler
ABSENT: None
ATTEST:
(SEAL)
3.