HomeMy WebLinkAbout2019-02-12; City Council; Resolution 2019-018RESOLUTION NO. 2019-018
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, DENYING THE APPEAL OF THE BUILDING OFFICIALS DECISION
TO EXPIRE BUILDING PERMIT CB00-3222 FOR THE JOIN HANDS YOUTH
FACILITY LOCATED AT 3275 ROOSEVELT STREET.
EXHIBIT 1
WHEREAS, the City Council of the City of Carlsbad, California is acting as the board of appeals
under the 1997 Uniform Housing Code (UHC} pursuant to Section 203 of the UHC and Sections 113 and
1.8.8.1 of the 2016 California Building Code; and
WHEREAS, the city's Building Official provided written notice to Frank Sorino dated May 1, 2018
informing him that building permit CB00-3222 issued August 31, 2001 for the project located at 3275
Roosevelt Street would be expired on August 20, 2018; and
WHEREAS, Frank Sorino filed a timely appeal of the building permit expiration by the Building
Official, dated August 20, 2018; and
WHEREAS, the City Council, as the board of appeals, held an appeal hearing on January 29,
2019, in which it heard testimony and considered evidence in this matter; and
WHEREAS, the appellant did not demonstrate that this building permit CB00-3222 should not
be expired.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1. That the above recitations are true and correct.
2. That the appeal of Frank Sorino of the Building Official's decision to expire building
permit CB00-3222 for the Join Hands Youth Facility project located at 3275 Roosevelt
Street is denied.
3. That the building permit CB00-3222 for the project located at 3275 Roosevelt Street is
hereby expired.
"NOTICE TO APPELLANT"
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 review must be filed in the
appropriate court not later than the 90th 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 is filed with a
deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time
Feb. 12, 2019 Item #3 Page 7 of 28
EXHIBIT 1
within which such petition may be filed in court is extended to not later than the 30th day following the
date on which the record is either personally delivered or mailed to the party, or the party's attorney
of record, if the party 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 CA, 92008.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 12th day of February 2019, by the following vote, to wit:
AYES:
NOES:
ABSENT:
Blackburn, Bhat-Patel, Schumacher, Hamilton
None
Hall J~Jht-fdd
PRIYA BHAT-PATEL, Mayor Pro Tern
ENGLESON,
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Feb. 12, 2019 Item #3 Page 8 of 28