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Home My WebLink About1983-12-20; City Council; 7575-1; Denial of appeal and upholding Planning Commissionc CIT OF CARLSBAD — AGEND 3ILL AR# 7575-1 MTG. 12/20/83 DEPT. CA TITLE: DENIAL OF APPEAL AND UPHOLDING PLANNING COMMISSION DECISION TO DENY CONDITIONAL USE PERMIT CUP- 2 36 JEHOVAH'S WITNESSES DFPT. HD.- CITY ATTVy;/^ CITY MQR.^M^ RECOMMENDED ACTION: If the City Council wishes to deny the appeal and affirm the Planning Commission decision to deny conditional use permit CUP-236, your action is to adopt Resolution No. ITEM EXPLANATION The City Council, at your meeting of December 6, 1983, directed the City Attorney to prepare documents denying the appeal and upholding the Planning Commission decision to deny conditional use permit CUP-236 for the reasons stated in Planning Commission Resolution No. 2187. That document is attached. EXHIBIT Resolution No. QLU oo:a.Q_ o o o 8 j I *-iujl 111 I 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 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 on 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. -5. 1 2 3 4 5 6 7 8 9 10 11 12 I 13 il 14 If 15 I a' 16 | 17 S 18 19 20 21 22 23 24 25 26 27 28 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 Members Casler, Lewis, Kulchin, Chick and Prescott NOES: None ABSENT: None MARY H. CASLER, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City 3 4 5 APPLICANT: JEHOVAH'S WITNESSES PLANNING COMMISSION RESOLUTION NO. 2187 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OP CARLSBAD, CALIFORNIA, DENYING A CONDITIONAL USE PERMIT TO PERMIT A CHURCH IN THE R-l-7500 ZONE ON PROPERTY GENERALLY LOCATED ON FUTURE McCAULEY LANE, WEST OF THE NORTHWEST INTERSECTION OF MONROE STREET AND ELM AVENUE. APPLICANT: JEH< CASE NO: CUP-236 WHEREAS, a verified application has been filed with the 7 City of Carlsbad and referred to the Planning Commission; and 8 WHEREAS, said verified application constitutes a request 9 as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on the 9th day of November, 12 1983, hold a duly noticed public hearing to consider said 13 I application on property described as: 14 15 September 22, 1888, 16 WHEREAS, at said public hearing, upon hearing and 17 considering all testimony and arguments, if any, of all persons 18 desiring to be heard, said Commission considered all factors 19 relating to CUP-236, 20 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 21 Commission of the City of Carlsbad as follows: 22 23 24,,findings and subject to the following conditions: 25 Findings: 26 1) The proposed project will be detrimental to future residences 27 along McCauley Lane which would be permitted in the R-l-7500 zone as discussed in the staff report, 28 Parcel A of Parcel Map 1210 filed January 2, 1973 and a portion of Lots 30 and 31 according to Map 565 filed A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission DENIES CUP-236, based on the following EXHIBIT A 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 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: Chairman Schlehuber, Ccranissioners Rcnbotis, Marcus, Lyttleton. NOES: Commissioner Friestedt and Pawlins. ABSENT: Commissioner Farrow. ABSTAIN: None. CLARENCE SCHLEHUBER, Chairman CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HOLZMILLER Land Use Planning Manager PC RESO NO. 2187 -2- EXHIBIT A JEHOVAH WI1 BESSES CUP-236 / MS-590 EXHIBIT A MONROE ST VALLEY ST EXHIBIT A POTENTIAL FUTURE^, RESIDENTIAL LOTS ON McCAULEY LANE EXHIBIT B MONROE 8T PROPOSED CHURCH VALLEY ST EXHIBIT 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 December 27, 1983 John M. Kratt 1570 Basswood Carlsbad, CA 92008 TELEPHONE: (714) 438-5621 Citp of Cartebab Enclosed for your records, please find a copy of the following Resolution NO. 7445 j adopted by the Carlsbad City Council on December 20, 1983 . Sincerely, LEE RAUTENKRANZ, City Clerk LR:adm Enclosures (