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HomeMy WebLinkAboutPS 99-05; TOM GIBLIN'S IRISH PUB; Redevelopment Permits (RP) (2)RONALD R. BALL CITY ATTORNEY JANE MOBALDI ASSISTANT CITY ATTORNEY DAMIEN B. BROWER DEPUTY CITY ATTORNEY CINDIE K. McMAHON DEPUTY CITY ATTORNEY CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CAUFORNIA 92008-1989 (760) 434-2891 FAX: (760) 434-8367 January 14, 2000 RANDEE HARLIB SECRETARY TO CiTY ATTORNEY ARDIS SEIDEL LEGAL SECRETARY/PARALEGAL Clarence H. Schlehuber Attorney at Law 2720 Jefferson Street Carlsbad. California 92008 RE: GIBLIN SIGN APPEAL Dear Mr. Schlehuber: This is in response to your letter of December 20, 1999, in the above-referenced matter. I concur with your request that we administratively delay the preparation of the Administrative Record and effectively toll the running of the Statute of Limitations with regard to the time within which your client must file a writ of mandate appealing the decisions of the Design Review Board, requiring your clients to bring the sign into compliance with the Master Plan and Design Manual requirements for height. Accordingly, on behalf of the Design Review Board and the Housing and Redevelopment Commission, by my signature below I concur that we will not raise the defense of Statute of Limitations underthe following circumstances: 1. Giblin pays the entire $400 deposit, or the $225 plus deposit of the administrative transcript of the proceeding, within 30 days following the action of the Housing and Redevelopment Commission with regard to amendment of the sign regulations for the Village Redevelopment Area (assuming that as amended, they do not allow the sign at its current height); 2. Within 30 days thereafter the Housing and Redevelopment Director/Design Review Board Secretary provide you with a complete copy of the administrative record ofthe proceedings; and 3. You file your petition for a writ of mandate pursuant to Code of Civil Procedure section 1094.5 and Carlsbad Municipal Code Section 1.16.010 within 30 days after your receipt of said administrative record. afs RONALD R. BALL Attorney for Carlsbad Housing and Redevelopment Commission c: Mayor Claude A. Lewis Members of Carlsbad City Council City Manager Raymond Patchett Housing and Redevelopment Director Debbie Fountain Citv of Carlsbad Housing & Redevelopment Department December 9, 1999 CLARENCE "BUD" SCHLEHUBER ATTORNEY AT LAW 2720 JEFFERSON STREET CARLSBAD, CA. 92008 RE: REQUEST FOR RECORD OF THE PROCEEDINGS FOR TOM GIBLIN'S IRISH PUB POLE SIGN APPEAL (PS99-05) Dear Mr. Schlehuber: On August 6, 1999, the City of Carlsbad received your written request for the record of proceedings for Tom Giblin's Irish Pub Pole Sign Appeal (PS99-05). On August 31, 1999, Assistant City Attomey, Richard Rudolf, forwarded correspondence to you indicating that the City would provide you with the estimate for preparing the record upon receipt of the transcript of the proceedings that you had agreed to provide to the City. To date, we have not yet received the transcript of proceedings from you. Therefore, we have prepared the following estimate for the costs to prepare the record of proceedings based on our review of the meeting tapes and preparation of the written record. Estimate of Costs to Prepare Record of Proceedings To prepare the record of proceedings for Tom Giblin's Irish Pub Pole Sign Appeal, staff shall be required to review the tape recordings for two meetings of the Design Review Board and subsequently prepare the written documents. It is estimated that the cost for preparing the record of proceedings shall be $400. If you wish to supply the transcript you had prepared for the subject meetings, you may do so. We would then only need to verify the transcript against the tape recordings, and the estimated cost would then be reduced by approximately $150 to a total of $250. Within ten (10) days of receipt of this cost estimate for preparation of the subject record of proceedings, you are required to deposit the amount noted above with my office. To deposit the reduced amount, you will need to submit a copy of the transcript together with the deposit. 2965 Roosevelt St., Ste. B • Carlsbad, CA 92008-2389 • (760) 434-2810/2811 • FAX (760) 720-2037 @ C. Schlehuber December 9, 1999 Page 2 Preparation of Record Pursuant to the Carlsbad Municipal Code, Section 1.16.010(c), the City/Agency is required to provide you with the complete administrative record within 190 days of your request. Because your request was submitted on August 6, 1999,we must prepare the record by no later than February 12, 2000. Your deadline to file your petition for judicial review will then be extended to not later than the 30* day following the date on which the record is delivered to you. For your information, staff is currently working on its efforts to draft altemate sign regulations as related to pole signs for consideration by the Design Review Board and then the Housing and Redevelopment Commission. At this time, we do not know whether or not the Giblin's sign will ultimately be allowed by any new regulations, nor do we have a projected date for submission of these altemate regulations to the noted legislative bodies for approval. Thank you for your attention to this matter. If you have any questions regarding this correspondence, please contact my office at (760) 434-2815. DEBBIE FOUNTAIN Housing and Redevelopment Director & Secretary to the Design Review Board Ron Ball, General Counsel CLARENCE H. SCHLEHUBER Attomey at Law 2720 Jefferson Street Carlsbad, Califomia 92008-1703 Telephone (760) 729-2327 Facsimile (760) 434-7653 September 9, 1999 Mr. Richard Rudolph City of Carlsbad 2965 Roosevelt Carlsbad, CA 92008 RE: GIBLIN SIGN APPEAL Dear Mr. Rudolph: In response to your letter of August 31, 1999, relative to the Giblin Sign Appeal, please be advised that we will be ftimishing a copy of the court reporter's transcript for your office to compare with the original record. It might be some time before the transcript is available and if this is a problem, you can notify us and we then would have your staff make a record from your tape recording. However, we do hope to be able to fumish you an official transcript. Please advise what fees you need for us to deposit. Thank you. Very tmly yours, Clarence H. Schlehuber CHS:lv CITY OF CrjnLOn/^. DEP^' " Clarence H. Schlehuber is a Certified Specialist in Probate, Estaie Planning & Trust Law by "The State Bar of Califomia Board of Legal Specialization" For Your Information ' "^crA^o^RN^E^ CITY OF CARLSBAD D. RICHARD RUDOLF 1200 CARLSBAD VILLAGE DRIVE ASSISTANT CITY ATTORNEY CARLSBAD, CALIFORNIA 92008-1989 (760) 434-2891 JANE MOBALDI FAX: (760) 434-8367 ASSISTANT CITY ATTORNEY August 31, 1999 Clarence H. Schlehuber Attomey at Law 2720 Jefferson Street Carisbad, CA 92008-1703 RE: GIBLIN SIGN APPEAL RECORD Dear Mr. Schlehuber: This is in response to your letter to the City Attorney dated August 26, 1999 in the above referenced matter. The Design Review Board denied the joint appeal of the owner and tenant with regard to the sign at 640-A Grand Avenue on July 26, 1999. Both section 1.16.010(b) and section 21.35.100(b) provide that the date ofthe decision is the date the determination is mailed or othen/vise delivered to the persons affected by the decision. Accordingly, the notice included as part of the DRB's resolution is incorrect to the extent that it makes the decision elfective immediately. Since the decision was mailed on July 29, 1999 and your appeal was filed on Friday, August 6, 1999, it was within the ten days required to delay the time of filing a petition. Staff has inquired of you regarding your provision of the transcript of the proceedings, but has not received a response, and we are unable to provide you with the estimate required by Carisbad Municipal Code section 1.16.010(c ) until you provide that information. Once that information is provided, staff will provide you the cost estimate within ten days thereafter, and you will be required by both that section and Code of Civil Procedure section 1094.6 to make the deposit within ten days after your receipt of the cost estimate. If those things occur ultimately we are required to provide you with the complete administrative record within 190 days of your request therefore, and your deadline to file your petition is extended to not later than the 30"" day following the date on which the record is delivered to you. Please respond to staffs inquiry regarding the transcript at your eariiest opportunity so that we may provide you with a cost estimate for preparation of the aciministrative record. In light of our determination that your appeal was filed within ten days of the date of the decision, it is unnecessary to respond further to your request to delay preparation of the administrative record. Very truly yours. nnh D. RICHARD RUODLF Acting City Attorney c: City Manager City Clerk Director of Housing and Redevelopment CLARENCE H. SCHLEHUBER Attomey at Law 2720 Jefferson Street Carlsbad, Califomia 92008-1703 Telephone (760) 729-2327 Facsimile (760) 434-7653 August 26, 1999 /^ A %: io> cmrorcMMiiiD A, {V) Mr. Ron Ball City Attomey City ofCarlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 RE: Giblin Sign Dear Mr. Ball: This will confirm my telephone conversation with you in which I am requesting that the City accept my request dated August 5, 1999, for a preparation of the record proceedings as being timely filed, and hold up the preparation of the record until the Housing Redevelopment Board acts on a revision of the sign ordinance. If the City does this by CCP1094.6, the time to appeal will be extended beyond the 90 days required for an appeal to be filed. Since it appears by the recent action of the City Council that pole signs like the Giblin sign will be permitted under the revised ordinance, this would allow time to protect both the City and Tom Giblin's Pub to avoid filing an appeal of the decision and an appropriate response by the City. This vsdll have to be done within the 90 day period. If the City does not agree to my proposal, I will be required to file within the 90 day period. I do not believe this expenditure to be in the best interest of Mr. Giblin or the City, and I am hopeful the back door extension I am requesting might be granted. Thank you for the courtesies you have extended me to date. I will await to hear from you. Very tmly yours. Clarence H. Schlehuber CHS:lv Clarence H. Schlehuber is a Certified Specialist in Probate, Estaie Planning <£ Trust Lm by "The State Bar of Califomia Board of Legal Specialization" Citv of Carlsbad Housing & Redevelopment Department August 11, 1999 CLARENCE "BUD" SCHLEHUBER ATTORNEY AT LAW 2720 JEFFERSON STREET CARLSBAD, CA 92008 Re: Request for Record of the Proceedings for Tom Giblin's Irish Pub Pole Sign Appeal (PS99-05) Dear Mr. Schlehuber: The City of Carisbad has received your request for the record of the proceedings for Tom Giblin's Irish Pub Pole Sign Appeal (PS99-05). The written request was filed with the City Cierk on August 6, 1999. In accordance with Resolution No. 268, a deposit in an amount sufficient to cover the estimated cost of the record must be submitted to the City prior to the preparation of the documents. City staff will determine the amount of the deposit, which will be forwarded to you under separate correspondence. In order to reduce the costs associated with the preparation of the records, you may provide a copy of the Court Reporter's transcript, prepared under your direction, for review of accuracy and certification by City staff. Please let me know at your eariiest convenience if this is the course of action you would like to take. Once I receive this information I will be able to prepare the estimate for the deposit. If you have any questions, please contact my office at (760)434-2813. Sincerely, CITY OF CARLSBAD LORI H. ROSENSTEIN Management Analyst c: Debbie Fountain, Housing & Redevelopment Director Rich Rudolf, Assistant City Attorney 2965 Roosevelt St., Ste. B • Carlsbad, CA 92008-2389 • (760) 434-2810/2811 • FAX (760) 720-2037 @ Citv of Carlsbad Housing & Redevelopment Department July 29, 1999 COFY MICHAEL MURPHY MCMURPHY DEVELOPMENT CO. 630 GRAND AVENUE, SUITE I CARLSBAD.CA 92008 RE: PS 99-05 - Tom Giblin's Irish Pub Pole Sign Appeal Dear Mr. Murphy: On July 26, 1999 the Carisbad Design Review Board held a continued public hearing to consider an appeal of the Housing and Redevelopment Director's decision to deny Sign Permit No. PS 99-05 to allow modifications to an existing pole sign for Tom Giblin's Irish Pub located at 640-A Grand Avenue. The Design Review Board voted (3-0) to deny the appeal. In accordance with the Carisbad Municipal Code, this action is final the date the resolution is adopted by the Design Review Board. The attached Resolution No. 268 contains the findings and decision ofthe Design Review Board. NOTICE TO APPLICANT: The provision of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shail apply. 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 Carisbad by Carisbad 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 Carisbad, 1200 Carisbad Village Drive, Carisbad, California 92008. If you 434-2813 Sincen /arisbad Village Drive, Carisbad, California 92008. have any questions regarding this correspondence, please contact my office at (760) 113. LORI H. ROSENSTEIN Management Analyst c: Clarence "Bud" Schlehuber, Attorney Ned Giblin, Applicant Rich Rudolph, Assistant City Attorney 2965 Roosevelt St., Ste. B • Carlsbad, CA 92008-2389 • (760) 434-2810/2811 • FAX (760) 720-2037 @ July 28, 1999 TO: MAYOR AND CITY COUNCIL FROM: HOUSING AND REDEVELOPMENT DEPARTMENT DESIGN REVIEW BOARD MEETING OF JULY 26, 1999 The following represents a summary of the Design Review Board meeting held on Monday, July 26, 1999: Absent: Sarah Marquez APPEAL OF SIGN PERMIT DENIAL - TOM GIBLIN^S IRISH PUB The Design Review Board held a continued public hearing to consider an appeal of the Housing and Redevelopment Director's decision to deny a permit to allow a pole sign for Tom Giblin's Irish Pub. Consideration of the appeal was originally continued from the May meeting of the Board to allow the applicant an opportunity to submit an application for a variance to permit the sign due to special circumstances. The applicant had requested that the Board consider the request for a variance before taking action on the appeal. The applicant submitted a variance request and then withdrew it prior to the July 26* public hearing. On July 26*, the Design Review Board continued their consideration of the appeal of the Director's decision on the sign and approved (3-0) a denial of the appeal. The Board's decision on this matter is final. Subsequent to the denial of the appeal, the Board took action to approve a minute motion (3-0) to recommend that the Housing and Redevelopment Commission give consideration to the appropriateness of revising the Village Master Plan and Design Manual to allow pole signs within the Village Area under certain circumstances. A report will be presented to the Housing and Redevelopment Commission at a later requesting direction on this matter. DEBBIE FOUNTAIN Housing and Redevelopment Director City Manager City Attorney Assistant City Manager Financial Management Director Community Development Director Department Heads Commission/Board Liaisons June 1, 1999 TO: MAYOR AND CITY COUNCIL FROM: HOUSING AND REDEVELOPMENT DEPARTMENT DESIGN REVIEW BOARD MEETING OF MAY 24, 1999 The following represents a summary of the Design Review Board meeting held on Monday, May 24, 1999: Absent: None APPEAL OF SIGN PERMIT DENIAL - TOM GIBLIN'S IRISH PUB The Design Review Board held a public hearing to consider an appeal of the Housing and Redevelopment Director's decision to deny a permit to allow a pole sign for Tom Giblin's Irish Pub. The appeal was continued to July 1, 1999 to allow the applicant an opportunity to submit an application for a variance to permit the sign due to special circumstances. The applicant has requested that the Board consider the request for a variance before taking action on the appeal. DEBBIE FOUNTAIN Housing and Redevelopment Director c: City Manager City Attorney Assistant City Manager Financial Management Director Community Development Director Department Heads Commission/Board Liaisons CLARENCE H. SCHLEHUBER Attomey at Law 2720 Jefferson Street Carlsbad, Califomia 92008-1703 Telephone (760) 729-2327 Facsimile (760) 434-7653 April 12, 1999 Ms. Laurie Rosenstein City of Carlsbad Housing & Redevelopment Dept. 2965 Roosevelt Carlsbad, CA 92008 Dear Ms. Rosenstein: This will confirm my telephone conversation with you in which I asked the design review hearing on the McMurphy Developments & Tom Giblin's Irish Pub be continued until the May 1999 meeting. It is my understanding that your office has agreed to its continuance and this letter is simply to confirm that fact. Secondly, this letter is to address an issue more clearly than was raised in my brief about one of the grounds for our appeal. Specifically, it is our claim that the definition of a pole sign is not clearly set out in the Carlsbad ordinance and as a result it leaves one trying to comply with the ordinance without direction. Accordingly, I believe the ordinance is vague and unenforceable without the clear definition as to what constitutes a pole sign. Thank you for the courtesies you have extended to me in this matter. If you have any questions, kindly advise. Very truly yours, A Q__f/ ^cM^— Clarence H. Schlehuber CHS:lv cc: McMurphy Developments Clarence H. Schlehuber is a Certified Specialist in Probate, Estate Planning & Trust Law by "The State Bar ofCalifornia Board of Legal Specialization" Citv of Carlsbad Housing & Redevelopment Department March 3, 1999 CLARENCE "BUD"SCHLEHUBER ATTORNEY AT LAW 2720 JEFFERSON STREET CARLSBAD, CA 92008 Re: Receiptfor Appeal Filing Fees Dear Mr. Schlehuber: I have enclosed the receipt for the filing fees related to the appeal of the Housing and Redevelopment Director's denial of the sign permit application for Tom Giblin's Irish Pub. While the transaction date associated with the deposit of the check is shown as February 23, 1999, the Housing and Redevelopment Department received the appeal form on February 12, 1999. The appeal was fiied in a timely manner and the item will be scheduled for the next Design Review Board Meeting to be held on March 22, 1999. A copy of the agenda and staff report to the Design Review Board wiil be sent to you the week before the scheduled meeting. If you have any questions, please contact my office at (760)434-2813. Sincerely, CITY OF CARLSBAD Ol I T O/AFM LORI H. ROSENSTEIN Management Analyst Attachment 2965 Roosevelt St., Ste. B • Carlsbad, CA 92008-2389 • (760) 434-2810/2811 • FAX (760) 720-2037 ^ Citv of Carlsbad Housing & Redevelopment Department February 2, 1999 Ned Giblin Tom Giblin's Irish Pub 640-A Grand Avenue Carisbad, CA 92008 Re: Denial of Sign Permit for Tom Giblin's Irish Pub (PS 99-05) Dear Mr. Giblin: Thank you for submitting the sign permit application for the existing pole sign advertising Tom Giblin's Irish Pub at 640-A Grand Avenue. As we discussed prior to the application submittal, the Housing and Redevelopment Department cannot approve the request for the pole sign, because under current regulations pole signs are not permitted within the Village Redevelopment Area. In my letter to you dated October 22, 1998, I explained that all existing pole signs are considered to be non-conforming and mandatory compliance with current standards is required whenever 1) a business ceases to exist for any reason; 2) the property/business is abandoned for a period of six (6) months or longer; or 3) there is a change in use or business. In accordance with Chapters 21.35 and 21.81 ofthe Carlsbad Municipal Code, the Housing and Redevelopment Director has the authority to approve, conditionally approve or deny administrative redevelopment and coastal development permits, which includes permits for signs to be installed on private and public property. On February 2, 1999, the Housing and Redevelopment Director denied the above referenced sign permit application submitted on January 26, 1999 (see attached). The decision of the Housing and Redevelopment Director may be appealed to the Design Review Board. All appeals must be made in writing within ten (10) calendar days of the date the written decision or determination is mailed or OthenA/ise delivered to the person(s) affected by the decision. The decision of the Design Review Board on appeals is final. Based on past conversations we have had, I understand it is the intent of the property owner to appeal the decision to the Design Review Board. Therefore, I have enclosed the appropriate appeal application with this letter. 2965 Roosevelt St., Ste. B • Carlsbad, CA 92008-2389 • (619) 434-2810/2811 • FAX (619) 720-2037 ^ Mr. Giblin ^ 02/02/99 Page 2 Please contact me at 434-2813 if you have any questions and/or comments relative to this matter. Sincerely, CITY OF CARLSBAD LORI H. ROSENSTEIN Management Analyst Attachment c: Bud Shiehuber Michael Murphy January 20, 1999 TO: CITY MANAGER ^^^^^^^^jJ^ FROM: HOUSING AND REDEVELOPMENT DIRECTOR RESPONSE TO COUNCILMEMBER ANN KULCHIN'S REQUEST FOR INFORMATION ON TOM GIBLEN'S IRISH PUB Attached is correspondence Councilmember Ann Kulchin received related to Tom Giblen's Irish Pub. The San Diego Irish Reporter ran a story in their December, 1998 issue on the Pub. The article highlighted two outstanding issues the Pub currently has with the Carisbad Redevelopment Agency/City. Following distribution of the newspaper, Ms. Kulchin received correspondence from a concerned citizen regarding the article, and subsequently requested information from staff on the matter. The information below provides a summary of the issues and required action for Council review. Business Signage Issue Tom Giblen's Irish Pub installed a sign which does not conform to existing standards for signs within the Village Redevelopment Area. The business has a pole sign which is not permitted as a result of approval ofthe Village Master Plan and Design Manual in 1996. The reason pole signs are no longer permitted is that they are not consistent with the pedestrian-oriented vision for the Village. Pole signs are vehicle-oriented. Therefore, they are no longer permitted. The Giblens did not apply for a sign permit prior to construction or installation of the subject sign for their restaurant business. They installed the sign on an existing pole with approval of the property owner/manager. Ifthe Giblens had applied for a sign permit, they would have discovered that pole signs are not permitted. As soon as Housing and Redevelopment Staff became aware ofthe sign, we contacted the business owner in writing to explain the issue. They were told by staff that they could retain the sign until an alternate signage plan was developed and the required sign permit was approved. As a courtesy, staff also contacted the property manager to discuss the sign issue. The property manager admitted that she was at fault for not asking the Agency/City whether a sign permit was required, or if the pole sign could continue to be used. The Giblens indicated that they would work with staff on an alternate signage plan. Staff met with the Giblens to discuss the potential solutions to the problem. However, after further consideration and discussions with the property owner, the Giblens decided that they did not want to remove the sign from the pole. They wanted to obtain a variance to allow the sign to remain. It is staff's understanding that the property owner assumed responsibility for obtaining permission to keep the sign. The property owner's attorney. Bud Schlehuber, contacted staff to verbally request an exception to allow the pole sign. Staff explained to Mr. Schlehuber that an exception could not be given by staff because the regulations state that pole signs are not permitted. In addition, the regulations cleariy state that a sign permit must be approved before any sign may be modified, replaced or newly installed. The regulations require that all new signs, replacement signs or modifications to existing signs conform to the new standards. Mandatory compliance with the new sign regulations is required when there is a change in use or business. In the Giblens Memo on Giblens January 20, 1999 Page 2 case, they are a new business (even though the restaurant use remains the same). So, they must comply with the new regulations. Mr. Schlehuber was told that his client could apply for a sign permit for the pole sign. The permit would be denied by the Housing and Redevelopment Director. He could then appeal the decision to the Design Review Board. To date, no sign permit application has been submitted by the business or property owner. It is staff's understanding that Mr. Schlehuber was going to request special consideration from the City Council for approval of pole signs under unique circumstances. To date, staff has seen no such request. Due to the delay in the property owner's efforts to resolve the issue, the business owner indicated to staff yesterday that he was going to remove his sign off the pole and place it on the building. Staff is again working with the Giblens to identify an acceptable location for the sign on the building. License for Entertainment After the sign issue was raised, the Giblens requested permission to have live music within their establishment. The Village Master Plan and Design Manual indicates that "restaurants with entertainment" are a provisional use which requires approval of an administrative redevelopment permit. The permit is required to ensure that the use is carefully reviewed and a determination can be made that the use is not likely to have a negative impact on Village residents. With a permit, the Redevelopment Agency can place conditions on the project to help reduce any negative impacts that may be created with the addition of entertainment to the business establishment. The CBiblens were told that they could submit an application for an administrative redevelopment permit to initiate the process to obtain approval for entertainment. However, they were also told that the permit could not be approved until the non-conforming sign issue was resolved. This position by staff made the Giblens very unhappy. They didn't understand why the entertainment issue would be tied to the sign issue. Staff explained that it is the department's position to withhold approvals for new activities if a business has existing code violations. On January 19, 1999, staff spoke with Ned Giblen and provided him with the administrative permit application and explained the process for review. While the permit is being processed to allow entertainment, Mr. Giblen indicated that he would work on relocating the sign. Staff believes that the sign and entertainment issues will be resolved. It, however, is taking some time because the property and business owners originally made the decision to try and fight the process, rather than work with staff to comply with the regulations. If you or the Council would like any additional information regarding this matter, please contact my office at X2935. INTAIN c: Community Development Director Citv of Carlsbad Housing & Redevelopment Department December 15, 1998 Ned & Brenda Giblin Tom Giblin's Irish Pub 1840 Andy Lane Oceanside, CA 92054 Re: Signage for Tom Giblin's Irish Pub Located at 640-A Grand Avenue. Dear Mr. & Mrs. Giblin: On December 14, 1998, Brenda Giblin asked that I provide written documentation on the position of the Housing and Redevelopment Department as it relates to the existing non-conforming sign and the request to provide live music at your place of business. Please let this letter serve as said documentation. On October 22, 1998 I sent a letter informing you of the need for a sign permit for the installation of a new sign advertising your business at 640-A Grand Avenue. In the letter I also informed you of the non-conforming nature of the existing pole sign and offered some permitted sign alternatives including; wall signs, projecting signs, and monument signs. Within a few days of sending the letter, I received a telephone call from Ned Giblin explaining the pole and frame structure supporting the sign were owned by the property owner, McMurphy Development, and representatives of the property owner would be contacting my office to discuss a resolution to the matter. Within the next couple of days, my department received telephone calls from the Property Management Company for The Old Worid Center and Mr. Bud Shiehuber, attorney for the property owner. Both parties were given an explanation of the situation and Mr. Shiehuber received a copy of the sign regulations for the Redevelopment Area. To date, my office has not received a sign permit application nor any other correspondence suggesting a resolution to the matter. Recently you have stated a desire to include live music at your place of business. In our discussions I informed you that an Administrative Redevelopment Permit is required, because a restaurant with entertainment is considered a provisional use in Land Use District 1 of the Carlsbad Village Redevelopment Master Plan. Upon providing you with the appropriate application I also informed you that it is the policy of the Carlsbad Housing and Redevelopment Department to always seek a resolution to any outstanding issues associated with a particular business or property before approving any new permits. In our telephone conversation yesterday you expressed your 2965 Roosevelt St., Ste. B • Carlsbad, CA 92008-2389 • (619) 434-2810/2811 • FAX (619) 720-2037 ^ Mr. & Mrs. Giblin December 15, 1998 Page 2 desire to have the two issues separated, because resolution of the sign issue was being handled by the property owner and the timing was beyond your control. This Department understands your concerns. However, in order to remain fair and equitable to all businesses within the Village Redevelopment Area, the Housing and Redevelopment Department will continue to stand by our established policy. The subject of the non-conforming sign was originally directed to you as the business owners, because it was the change in signage, advertising your business, that perpetuated the need for a sign permit. This is typically the case with most businesses. That is, it is usually the business owner who processes the sign permit application because he/she has a greater financial interest in acquiring necessary approvals and installing the signage for the business. If it is your position that the requirement to bring the sign into conformance is the responsibility of the property owner, then this is something that you will have to work out with them. Unfortunately, relying on the property owner to resolve the outstanding sign issue hinders your ability to acquire additional permits for your business. Please note that to date, we have not received applications for either the sign permit nor the Administrative Redevelopment Permit to add entertainment to the restaurant. Therefore, there has been no official action on either of these issues. You have expressed that time is of the essence in acquiring approval for live music. In our previous discussions, I explained the approval process typically takes 60 days and that I would do everything in my power to reduce the review time. To assist you in acquiring your permit as quickly as possible, I suggest that you submit the application for redevelopment permit immediately. You will then have the entire review period to resolve the outstanding sign issue. I realize this is a very frustrating situation for the both of you and that a majority of your time is spent with the daily challenges of operating a new business. As always, I am available to assist you in any way I can. I hope this correspondence provides you with the information you requested. If you have any questions, please contact me at (760) 434-2813. Sincerely, CITY OF CARLSBAD LORI H. ROSENSTEIN Management Analyst Citv of Carlsbad Housing & Redevelopment Department October 22, 1998 Ned & Brenda Giblin Tom Giblin's Irish Pub 1840 Andy Lane Oceanside, CA 92054 Re: Signage for Tom Giblin's Irish Pub Located at 640-A Grand Avenue. Dear Mr. & Mrs. Giblin: It was recently brought to my attention that new sign copy advertising Tom Giblin's Irish Pub was added to the existing pole sign at 640-A Grand Avenue. While the sign itself is very attractive and is consistent with the character of the Carisbad Village Area as well as the Old Worid Center, I must inform you that a sign permit was required prior to installation. Approval of a sign permit from the City of Carisbad is required before any sign may be modified, replaced or newly installed. Furthermore, in accordance with the Village Master Plan and Design Manual, all new signs, replacement signs or modifications to existing signs must conform to the regulations set forth in said document. Under current regulations, pole signs are not permitted and all existing pole signs are considered to be non-conforming. Local regulations require mandatory conformance with the current standards established for signs in the Village Redevelopment Area whenever 1) a business ceases to exist for any reason; 2) the property/business is abandoned for a period of six (6) months or longer; or 3) there is a change in use or business. In this case, all three situations apply to the subject property. Therefore, the pole sign must be removed and any new signage must be in compliance with the present sign regulations. Alternatives to the pole sign include: wall signs, projecting signs, and monument or ground signs. Each type of sign has certain limitations on size, height, and location. I have included a copy of the sign regulations for these particular signs for your review. Additionally, please note, the total sign area allowed for each building in the Village Redevelopment Area is 1.0 square foot of signage for each lineal foot of building frontage. "Building frontage" refers to the total width of the elevation of a building structure which fronts on one or more public streets. 2965 Roosevelt St., Ste. B • Carlsbad, CA 92008-2389 • (619) 434-2810/2811 • FAX (619) 720-2037 ^ Mr. &. Mrs. Giblin OCTOBER 22, 1998 Page 2 I would like to work with you to remedy the situation by utilizing the new sign in a manner that is consistent with the Village Redevelopment Area Sign Guidelines. Please contact me at (760) 434-2813 to discuss a resolution to this matter. Your attention to this matter is greatly appreciated. Sincerely, CITY OF CARLSBAD LORI H. ROSENSTEIN Management Analyst LR:lhr Attachment