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