HomeMy WebLinkAbout1983-12-20; City Council; Resolution 74451
2
3
4
5
6
7
€
s
LC
11
12
12
14
If
It
1';
It
1:
2(
2:
2;
2:
21
21
24
2'
21
RESOLUTION NO. 7445
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, DENYING THE APPEAL FROM A PLANNING COMMISSION DECISION AND DENYING A CONDITIONAL USE PERMIT FOR A CHURCH
ON PROPERTY GENERALLY LOCATED AT THE END OF FUTURE McCAULEY LANE, WEST OF THE NORTHWEST INTERSECTION OF ELM AVENUE AND MONROE STREET. APPLICANT: JEHOVAH'S WITNESSES CASE NO.: CUP-236
WHEREAS, on November 9, 1983 the Planning Commission
adopted Resolution No. 2187 recommending to the City Council that
Conditional Use Permit (CUP-236) be denied; and
WHEREAS, the applicant appealed Planning Commission
Resolution No. 2187 and said appeal was received by the City
Clerk on November 14, 1983; and
WHEREAS, the City Council of the City of Carlsbad did or
December 6, 1983 hold a duly noticed public hearing to consider
the recommendations of the Planning Commission and to receive all
recommendations and hear all persons interested in or opposed to
said variance; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Carlsbad, California as follows:
A. That the above recitations are true and correct.
B. That the findings of the Planning Commission in
Resolution No. 2187 constitute the findings of the City Council
in this matter.
C. That Conditional Use Permit CUP-236 is hereby
denied based upon the facts set out in the Planning Department
Staff Report dated September 28, 1983 and Planning Commission
Resolution No. 2187 attached as Exhibit A and incorporated
herein.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
1E
1s
2c
21
22
22
24
2E
26
27
2E
D. This action of denial is final the date this
resolution is adopted by the City Council. The provision of
Chapter 1 . 16 of the Carlsbad Municipal Code, "Time Limits for
Judicial Review" shall apply:
"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 judicial 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 of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of
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 Elm Avenue, Carlsbad, California 92008."
PASSED, APPROVED AND ADOPTED at a regular meeting of
the City Council of the City of Carlsbad, California, held on
the 20th day of December , 1983 by the following
vote, to wit:
AYES: Council Mmbers Casler, Lewis, Kulchin, Chick and Prescoti
NOES : None
ATTEST:
ALETHA L. RAUTENKRANZ, City flerk
1
3
4
6
7
a
9
1c
11
12
14
1Z
2(
2:
21
21
21
PLANNING COMMISSION RESOLUTION NO. 2187
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
PERMIT TO PERMIT A CHURCH IN THE R-1-7500 ZONE ON
PROPERTY GENERALLY LOCATED ON FUTURE MCCAULEY LANE,
WEST OF THE NORTHWEST INTERSECTION OF MONROE STREET
APPLICANT: JEHOVAH’S WITNESSES CASE NO: CUP-236
OF CARLSBAD, CALIFORNIA, DENYING A CONDITIONAL USE
AND ELM AVENUE-
WHEREAS, a verified application has been filed with the
City of Carlsbad and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request
as provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal
Code, the Planning Conrmission did, on the 9th day of November,
1983, hold a duly noticed public hearing to consider said
application on property described as:
Parcel A of Parcel Map 1210 filed January 2, 1973 and a
portion of Lots 30 and 31 according to Map 565 filed September 22, 1888.
WHEREAS, at said public hearing, upon hearing and
considering all testimony and arguments, if any, of all persons
desiring to be heard, said Commission considered all factors
relating to CUP-236.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Condssion of the City of Carlsbad as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing,
the Commission DENIES CUP-236, based on the following
findings and subject to the following conditions:
Findinqs:
1) The proposed project will be detrimental to future residences
along McCauley Lane which would be permitted in the R-1-7500 zone as discussed in the staff report.
3
'1 b
1
2
3
4
E
S
1c
13
1:
1:
14
If
1[
1:
U
11
2(
2:
2:
2:
24
21
2r
2'
24
2) The proposed street system serving the proposed use is not
adequate to properly handle traffic generated by the proposed
use because it is a cul-de-sac street serving a single family
neighborhood and the proposed church would create traffic conflicts as discussed in the staff report.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on
the 9th day of November, 1983, by the following vote, to wit:
AYES :
NOES :
ABSENT :
ABSTAIN:
Carmissioner Fa".
me.
CLARENCE SCHLEHUBER, Chair"
CARLSBAD PLANNING COMMISSION
ATTEST :
MICHAEL J. HOLZMILLER
Land Use Planning Manager
PC RES0 NO. 2187 -2-
JEHOVAH WII%ESSES
CUP- 1236 EXHIBIT A
PARCEL 3 I
- . - .-- ..
f PARCEL 2
0 MONROE St
To- \
I i j
I
I
I'
PARCEL 1.
.
I!
VALLEY ST -.-.-.-.-.-
Gi
I i ,i I
I
I
Y
MONROE St
I
VALLEY ST - -7 -.-.
f
I
I
I
I
\
I
I
I
I
I