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HomeMy WebLinkAbout1975-02-18; City Council; Resolution 35971 i 5 C 4 E E 7 E 5 1c 11 12 12 14 1: IC 17 1.5 1s 2c 21 22 22 24 25 26 27 28 29 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 1 2 3 4 5 6 7 a 9 10 11 12 13 0 14 a 20 21 22 23 24 25 26 27 28 29 i- - 0 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 ... ... 2. 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.