HomeMy WebLinkAboutCBOA Presentation 150 Pismo, 299 HigueraConstruction Board of Appeals
April 26, 2021
Appeal of Administrative Citations
#22409 & #22410
Parcel Identification
APN# 002-501-007
283, 295, 299 Higuera,
100 Pismo
APN# 002-501-002
303 Higuera,
150 Pismo
Zoning:
Service Commercial
(C-S)
Owner:
Sub Corporation LTD
Basis for Citation
San Luis Obispo Municipal Code §15.40.300
Prohibited signs. The following signs are prohibited and subject to immediate abatement by the city of San Luis Obispo’s code enforcement officer. The city has a compelling interest to prohibit the following signs to further the intent and purpose (Section 15.40.110) of these sign regulations and to enforce local, state and federal law.
B.Banner signs are prohibited unless:
1.Approved in conjunction with a temporary or intermittent use permit or special event permit; or
2.Approved with a sign permit as a temporary sign pending manufacture and installation of an approved permanent sign; or
3.Approved by the public works director over designated rights-of-way;
San Luis Obispo Municipal Code §15.40.1000:
Definitions
“Banner sign” means a flexible sign including feather banners and pennants of lightweight fabric or similar material typically supported at two or more points and hung on a building or otherwise suspended down or across its face, or across a public right-of-way. This definition does not include flags as defined by this article.
Basis for Citation cont.
San Luis Obispo Municipal Code §1.24.050
Abatement of unlawful conditions.
E.Prior and Repeat Violations.The city may take into consideration the fact that a person has been previously issued an uncorrected notice of violation and/or a sustained administrative citation when the city is determining whether to accept an application or to grant any permit, license or any similar type of land use approval for that person and such notice of violation and/or administrative citation may be used as evidence that the person has committed acts that are not compatible with the health, safety, and general welfare of other persons and businesses within the city. Repeated violations by the same person or the same property of the same code provision within any twelve-month period may result in the issuance of an administrative citation(s) imposing additional administrative fines without a notice of violation and/or notice to correct preceding the citation.
Enforcement Timeline
12/11/2018 –Initial inspection performed in response to a
received complaint. Banner signs were observed
attached to the building facing Higuera Street on
parcel APN # 002-501-007.
12/13/2018 –Notice of Violation Sent for violation of SLOMC
15.40.300 regarding prohibited banner signs
(Compliance requested within 30 days).
01/15/2019 –Inspection performed found banner signs had been
removed.
Inspection Photos 12/11/2018
Inspection Photos 01/15/2019
Enforcement Timeline (cont.)
11/04/2019 –Additional inspection performed in response to a
received complaint. Banner signs were observed
attached to building on parcel APN # 002-501-007.
11/05/2019 –Immediate citation issued for repeat violation of
SLOMC 15.40.300 at the same parcel (Not subject
of this appeal, fines paid).
11/18/2019 –Inspection performed found banner signs had been
removed.
Inspection Photos 11/04/2019
Inspection Photos 11/18/2019
Enforcement Timeline (cont.)
09/14/2020 –Additional inspection performed in response to a
received complaint. Banner signs were observed
attached to building on parcels APN # 002-501-007
& 002-501-002
09/21/2020 –Immediate citations issued for repeat violations of
SLOMC 15.40.300 at the same parcel and at an
additional parcel by the same person.
Inspection Photos 11/18/2019
Banner on parcel #
002-501-002 (150
Pismo)
Banners on parcel #
002-501-007(299 Higuera)
Signage Locations