HomeMy WebLinkAbout1961-04-04; City Council; Resolution 7301
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RESOLUTION NO, 730
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF CARLSBAD DENYING
THE APPEALT AND APPROVmG THE CONDITIONAL USE PERMIT SUBJECT TO CERTAIN CONDITIONS AND RFSTRCCTIONS,~
WHEREAS, on January 13, 1961, the Carlsbad Union Church by their
representative Rev. Roy Brokenshire, applied for a conditional use permit to
allow recreational area and construction of ornamental brick wall dong
Harding Street, and on property line of lots 21 and 22, and construction of a
6 foot chain li& fence on top of wall on the northerly p rty line of lot 21
on property located on the west side of Harding Street between Fine Avenue
and Oak Avenue, more particularly described as lots 21 and 22, Block 58,
Carlsbad Lands according to a Map thereof No. 1744 in the City af Carlsbad;
said property being parcels 25 and 26, Book 35, Page 25 of the Assassorfs
Map of San Diego County~ and
WHEREAS, notice of the public hearing of the proposed conditional use
permit was published on February 2, 1961; and
WHEREAS, on the 14th day of February, 1961, the Planning Commission
of the City of Carlsbad held and conducted a duly advertised hearing on said
proposed conditional use permit; and
WHEREW, at said meeting of the Planning Commission Resolution No.
196 was adopted wherein the conditional use permit was granted as requested;
and
WHEREXS, on the 18th day of February, 1961, a written appeal was
received by the City of Carlsbad from Mr. and Mrs. Eli 9. JchnsiOn and
NLrs. Alice K. Amundsen, which appeal in effect requested the City COU~CF~
of the City of Carlsbad to deny the com%tional use permit granted to the
Carlsbad Union Church; and
WHEREAS, an March 21, la61, notice of a public hearing on said appeal
was published; and
WHEREAS, on March 21, 1961, a public hearing was held at the City Hall
in the City of Carlsbad, 2960 Pia Pic0 Drive, Carlsbad, California, 2960
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Pi0 Pic0 Drive, Carlsbad, California, at 7: 30 of clock P. M. , at which ae
the appeal was considered by the City Couplcil and evidence and arguments
were presented by all interested parties.
NOW+ THEREFORE, BE IT BESOLVED by the City Council of the City
of Carlsbad, and it is so found by the City Council of the City of Carlsbad,
that the following facts and reasons require that the conditional use permit as
granted by the planning commission be sustained, with the conditions and
restrictions hereinafter set forth so as to carry out the general purpose of
Ordinance No. 9060;
(a) That the granung of this conditional use permit wiu not be unreasonably incompatible with type of use permitted in the surrounding area and zone.
(b) That the granting of such conditional use permit will be mater;lally beneficial to the public welfare and will not be unduly injurious to the property or improvements in such vicinity and zone in which the property is located.
(c) The granting of such conditional use permit will not adversely affect the comprehensive general plan.
BE IT FURTHER RESOLVED that the conditional use permit is subjset
to the following conditions and restrictions:
(a) That the use of the recreational area be, and it is hereby limited to one night par week.
(b) That the lights in the recreation area shall be turned off by 1O:OO o'clock P. M.
BE IT FURTHER RESOLVED, that for the foregoing reasons, the appeal
is hereby denied.
BE IT FURTHER RESOLVED, that the City Clerk be, and he is hereby
directed to cause a certified copy of this resolution to be mailed to the
appellants, and a copy of this resolution to be attached to the Planning Crzmmis
sion file and returned to the Planning Commission for permanent f3,ling.
PASSE%, APPROVED AND AD~PTED at a regular meeting of the City
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Council of the City of Carlsbad held on the 4th day of Aprilo 1961, by the
following vote, ta wit:
AYES: Councilmen Guevara, Sanneman and La Roche.
NOES: Councilmen Bierce and McPherson.
ABSEEJT; Hone
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of the C€ty af Garlsbad; Carlsbad, California
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ATTEST;