HomeMy WebLinkAbout1999-07-26; Design Review Board; Resolution 2681
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DESIGN REVIEW BOARD RESOLUTION NO. 268
A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY
OF CARLSBAD, CALIFORNIA, DENYING THE PROPERTY
OWNER’S APPEAL AND UPHOLDING THE HOUSING AND
REDEVELOPMENT DIRECTOR’S DECISION TO DENY AN
ALLOW MODIFICATIONS TO AN EXISTING POLE SIGN FOR
TOM GIBLIN’S IRISH PUB LOCATED AT 640-A GRAND AVENUE
IN LAND USE DISTRICT 1 OF THE VILLAGE REDEVELOPMENT
AREA.
CASE NAME:
APN: 203-301-05-00
CASE NO: PS 99-05
ADMINISTRATIVE REDEVELOPMENT PERMIT NO. PS 99-05 TO
TOM GIBLIN’S IRISH PUB POLE SIGN
WHEREAS, business owner Ned Giblin, “Applicant” and property owner MKM Trust
“Owner” filed a verified application for a sign permit on January 26, 1999 with the Housing and
Redevelopment Department of the City of Carlsbad regarding property located at 640-A Grand
Avenue; and
WHEREAS, the Housing and Redevelopment Director, after considering all factors
relating to Administrative Redevelopment Permit PS 99-05, denied said application on February 2,
1999, based upon the requirements of the Carlsbad Village Redevelopment Master Plan and Design
Manual, which prohibits pole signs.
WHEREAS, an appeal of this denial was timely filed on February 12, 1999 by Owner
and Applicant, “Appellants”; and
WHEREAS, on the 24” day of May, 1999, the Design Review Board of the City of
Carlsbad held a duly noticed public hearing and at said public hearing Appellants requested and were
granted a continuance until July 1, 1999 in order to apply for and simultaneous process with the appeal
an application for a sign variance.
WHEREAS, on May 21, 1999 Appellants filed an application for a variance and on
June 23, 1999 withdrew the application for a variance without explanation.
WHEREAS, on July 26, 1999 the Design Review Board of the City of Carlsbad
continued consideration of the duly noticed public hearing as prescribed by law to consider said appeal
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DRB RES0 NO. 268
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and at said hearing, considered all the evidence, testimony, and arguments of those persons present
and desiring to be heard.
NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review Board as
follows:
A) That the foregoing recitations are true and correct.
B) That the Design Review Board hereby confirms the Director’s decision on PS 99-
05 and the appeal of that decision is DENIED based upon the facts set out in the
Housing and Redevelopment Staff Reports dated May 24, 1999 and July 26, 1999,
and the evidence presented at the public hearing, all of which are incorporated
herein by reference, and the following findings:
Findings:
1.
2.
3.
4.
5.
6.
The original approval for the pole sign was granted on January 25, 1980 for Dooley McCluskey’s
Restaurant under Permit Number 80-60. On the same day, the property owner obtained a sign
permit for a monument sign for the entire Old World Center under Permit Number 80-61. Except
for the change in copy to the pole sign, both signs are still in existence today.
The Carlsbad Village Redevelopment Master Plan and Design Manual became effective on
January 12, 1996 making new pole signs unlawful, existing pole signs lawful nonconforming uses,
and establishing specific thresholds for the removal of existing pole signs.
The Carlsbad Village Redevelopment Master Plan and Design Manual requires mandatory
conformance with the sign regulations contained therein whenever 1) a business ceases to exist for
any reason; 2) the propertyhusiness is abandoned for a period of six (6) months or longer; or 3)
there is a change in use or business. Dooley McCluskey’s Restaurant business ceased to exist on
November 3, 1993; the suite was vacant from November 3, 1993 to October 20, 1998 (more than 6
months) when Tom Giblin’s Irish Pub opened for business; and the change from Dooley
McCluskey’s to Tom Giblin’s Irish Pub constitutes a change in business. All three reasons require
the pole sign to be brought into conformance.
Mandatory conformance with the sign regulations set forth within the Carlsbad Village
Redevelopment Master Plan and Design Manual is required for all signs, replacement signs or
modifications to existing signs. Replacing the sign faces advertising Dooley McCluskey’s
Restaurant with two new sign faces advertising Tom Giblin’s Irish Pub constitute “modifications
to existing signs”, therefore requiring that the entire sign be brought into conformance.
The legal grounds asserted in the appeal are incorrect and the decision of the Housing and
Redevelopment Director is correct because California Business and Professional Code Section
5498 does apply “authorizing special rules (for on-premise advertising displays) in redevelopment
areas” and not California Business and Professional Code Section 5412 et seq. as argued by the
Appellants.
The removal of the pole sign does not constitute a taking, because the nineteen (19) years that the
pole sign has been in place is an adequate period of time for the property owner to recover the
original cost of the sign ($1,000).
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7. The appellant failed to prove that an error was made in the Housing and Redevelopment Director’s
decision to deny the sign permit for the modifications to the existing pole sign.
C) This action is final the date this resolution is adopted by the Design Review
Board. 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 no 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 Carlsbad Village Drive, Carlsbad, California 92008.”
EFFECTIVE DATE: This resolution shall be effective upon its adoption.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Design Review
Board of the City of Carlsbad, California, held on the 26th day of July, 1999 by the following vote to
wit:
AYES: Chairperson Compas, Board Members: Heineman and Marois.
NOES: None.
ABSENT: Board Member Marquez.
ABSTAIN: None. &!e k???ww&&!l
BILL COMPAS, Chairpersd
DESIGN REVIEW BOARD
HOUSING AND REDEVELOPMENT DIRECTOR
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DRB RES0 NO. 268