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HomeMy WebLinkAbout1997-04-28; Design Review Board; Resolution 255L . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DESIGN REVIEW BOARD RESOLUTION NO. 255 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF CARLSBAD, CALIFORNIA DENYING THE APPEAL AND UPHOLDING THE HOUSING AND REDEVELOPMENT DIRECTOR'S DECISION TO DENY AN ADMINISTRATIVE REDEVELOPMENT PERMIT AND ADMINISTRATIVE COASTAL DEVELOPMENT PERMIT (SSp97-12) TO ALLOW A FREESTANDING SIDEWALK SIGN FOR THE SOCK HOP YOGURT SHOPPE LOCATED AT 2939 CARLSBAD BOULEVARD IN LAND USE DISTRICT 9 OF THE VILLAGE REDEVELOPMENT AREA. CASE NAME: SOCK HOP YOGURT SHOPPE SIDEWALK SIGN APN: 203-232-04 00 CASE NO: SSP 97-12 WHEREAS, Sock Hop Yogurt Shoppe, "Applicant" has filed a verified application with the Housing and Redevelopment Agency of the City of Carlsbad regarding the display of a freestanding sign on the public sidewalk in front of property located at 2939 Carlsbad Boulevard; and WHEREAS, on March 13, 1997, the Housing and Redevelopment Director, after considering all factors relating to Administrative Redevelopment Permit and Administrative Coastal Development Permit (SSP97- 12), denied said application based upon the requirements of the Carlsbad Redevelopment Master Plan and Design Manual, the Village Area Redevelopment Plan and the Local Coastal Program (which consists of the Village Redevelopment Master Plan and Design Manual and the Village Area Redevelopment Plan); and WHEREAS, an appeal of the Housing and Redevelopment Director's decision to deny the subject application was filed in a timely fashion on March 14, 1997, but did not identify specific reasons for the appeal; and .... .... H:\SSP97-02 Appeal 04/22/97 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DRB Reso. No. 255 Page 2 WHEREAS, on April 28, 1997, the Design Review Board of the City of Carlsbad held a duly noticed public hearing as prescribed by law to consider said appeal and at said hearing considered all the evidence, testimony, and argument 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 based on the evidence presented during the public hearing, the Design Review Board hereby DENIES the appeal of the Housing and Redevelopment Director’s decision on the subject Administrative Redevelopment and Coastal Development Sign Permit (SSP 97- 12), based on the following findings: 1. The appellant did not state specific reasons for the appeal or indicate the manner in which the Housing and Redevelopment Director was in error in the decision made on the subject permit. 2. The existing signage for the building does not conform to the sign regulations set forth within the Village Master Plan and Design Manual. Therefore, the sidewalk sign permit must be denied. C) This action is final the date this resolution is adopted by the Design Review Board. The action is not appealable to the Housing and Redevelopment Commission or the City Council. Since the project is not located in the appealable area of the Local Coastal Zone, it is also not appealable to the California Coastal Commission. The provisions 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 H:\SSP97-02 Appeal 04/22/97 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DRB Reso. No. 255 Page 3 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 “Secretary to the Design Review Board”, which is the Housing and Redevelopment Director, City of Carlsbad, 2965 Roosevelt Street, Suite B, 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 28th day of April, 1997 by the following vote to wit: AYES: Chairperson Welshons, Board Members: Scheer, Savary & NOES: None. Compas. ABSENT: None. ABSTAIN: Board Member Marquez ., KIM WLSHONS, CHAIRPERSON DESIGN REVIEW BOARD EVAN E. BECKER, Housing and Redevelopment Director H:\SSP97-02 Appeal 04/22/97