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HomeMy WebLinkAbout1999-07-26; Design Review Board; Resolution 2681 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 20 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 1 DRB RES0 NO. 268 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 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). 2 DRB RES0 NO. 268 -~ ~~ 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 3 DRB RES0 NO. 268