HomeMy WebLinkAboutItem 1 - 150 Pismo and 299 HigueraConstruction Board of Appeals
Agenda Report
DATE: March 31, 2021
Meeting Date: 04/26/2021
Item Number: 1
FROM: Rodger Maggio, Fire Marshal/Chief Building Official
Prepared By: John Mezzapesa, Code Enforcement Officer II
SUBJECT: Appeal of Administrative Citation for Prohibited Signs
RECOMMENDATION
Staff recommends Citation (s) # 22410 and #22409 dated September 21, 2020 issued to the Sub
Corporation LTD ("Sub Corporation") be upheld.
DISCUSSION
Banner signs displayed on the building in violation of San Luis Obispo Municipal Code 15.40.300
(Prohibited Signs).
Background
On September 17, 2019, the City Council adopted Ordinance 1667 (Attachment 1) which repealed and
replaced Chapter 15.40 (Sign Regulations) of the Municipal Code.
The new ordinance included several key issues related to sign requirements, increased flexibility for
variations in site and building design, and ensured consistency with applicable State and federal
requirements including the U.S. Supreme Court's decision in Reed v. Town of Gilbert. (Attachment 2).
The Notices of Violation and Administrative Citations issued for violations at two parcels owned by the
Sub Corporation on September 21, 2020, that are the subject of this appeal (Attachment 3 & 4) are based
on Chapter 15.40.300 (Attachment 5) which specifically prohibits banner signs unless under the
following circumstances:
1. Approved in conjunction with an approved temporary or intermittent use, or outdoor event
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 for not more than thirty days or within a specified time frame as
determined by the community development director; or
3. Approved by the public works director over designated rights-of-way in compliance with
Chapter 12.04 (Encroachments and Excavations); or
4. The sign is exempt under Section 15.40.200
The violations discussed in this report were a result of enforcement of the above-mentioned regulations
in which banner signs are regulated using content -neutral provisions, enforcing only the time, place and
manner in which signs are allowed to be displayed.
Enforcement Activity
An initial complaint regarding unpermitted banner signs at 299 Higuera was received on December 6,
2018 (Attachment 6). Code Enforcement Staff conducted an inspection on December 11, 2018, from the
public right of way, and the two banner signs were clearly visible and attached to the buildings. The
inspection record for this inspection is included with this report (Attachment 7).
The banner signs were found to be in violation of SLOW § 15.40.300 (B) describing prohibited banner
signs (Attachment 5). The signs did not comply with any of the exceptions listed in sign regulations. A
Notice of Violation was issued on December 13, 2018 for the unpermitted banner signs (Attachment 8).
A follow up inspection was performed on January 15, 2019 during which all banner signs were observed
to have been removed. Inspection record for January 15, 2019 is included with this report (Attachment
9). The property was found in compliance and the associated code enforcement case was closed. The
code enforcement case record is included with this report (Attachment 10).
On November 4, 2019, code enforcement received a request for investigation regarding unpermitted
banners signs at 299 Higuera. The follow up inspection was conducted the same day. Two banner signs
were attached to the buildings located at the subject address. The inspection record for this inspection is
included with this report (Attachment 11). As with the previous inspection, the banner signs were in
violation of SLOW § 15.40.300 (B) describing prohibited banner signs (Attachment 4).
The violation was determined to be a repeat violation at the same property. An administrative citation
was issued on November 5, 2019 (Attachment 12) as permitted via SLOW § 1.24.050 (E) (Attachment
13) for repeat violations by the same property of the same code provision within a twelve-month period.
An appeal of the Administrative Citation was received by the City Attorney's office on November 15,
2019. The appeal was subsequently rejected as an incomplete submittal via letter from the City
Attorney's office on November 19, 2019. The rejection letter advised that a corrected appeal would be
considered if submitted within ten days. A letter was received from the property owner on December 6,
2019 advising they would not be moving forward with the citation appeal process. All documents
associated with the appeal request are included with this report (Attachment 14).
In the interim, a follow up inspection was performed on November 18, 2019 during which all banner
signed were observed to have been removed. The inspection record for this inspection is included with
this report (Attachment 15). The property was found in compliance, however the code enforcement case
remained open due to non-payment of citation fees.
An additional request for investigation regarding unpermitted banners signs at 299 Higuera and 150
Pismo (both properties are owned by Sub Corporation) was received on September 14, 2020. A
subsequent inspection was conducted the same day which found two banner signs attached to the
buildings located at 299 Higuera (APN # 002-501-007) and one banner sign attached to the buildings
located at 150 Pismo (APN #002-501-002). The inspection records for the September 14, 2020
inspections are included with this report (Attachment 16 & 17). The banner signs were found to be in
violation of SLOW § 15.40.300 (B) describing prohibited banner signs (Attachment 4). The violations
were determined to be repeat violations at the same property and/or a different property with the same
property owner. Administrative citations were issued on September 21, 2020 for violations at both 299
Higuera (APN # 002-501-007) and 150 Pismo (APN #002-501-002) (Attachments 3 &4) as permitted
via SLOW § 1.24.050 (E) (Attachment 13) for repeat violations by the same property and/or property
owner of the same code provision within a twelve-month period. Appeals for each Administrative
Citation were received by the City Attorney's office on October 1, 2020 (Attachments 18 &19).
Next Steps
1. The Board may grant the appeal
2. Continue the action and request staff and/or appellant provide additional information
3. Uphold the violation and deny the appeal.
Attachments:
1. SLO City Ordinance 1667
2. U.S. Supreme Court Reed v. Town of Gilbert
3. Administrative Citation #22409 - September 21, 2020 (299 Higuera) — Declaration of Service Packet
4. Administrative Citation #22410- September 21, 2020 (150 Pismo) — Declaration of Service Packet
5. SLOW § 15.40.300
6. Investigation Request - December 18, 2018 (299 Higuera)
7. Inspection record - December 11, 2018 (299 Higuera)
8. Notice of Violation - December 13, 2018 (299 Higuera)
9. Inspection record - January 15, 2019 (299 Higuera)
10. Code Enforcement Case Record (299 Higuera)
11. Inspection record - November 4, 2019 (299 Higuera)
12. Administrative Citation #19413 - November 5, 2019 (299 Higuera) — Declaration of Service Packet
13. SLOW § 1.24.050
14. Citation Appeal Documents (Administrative Citation #19413)
15. Inspection record - November 18, 2019 (299 Higuera)
16. Inspection record - September 14, 2020 (299 Higuera)
17. Inspection record - September 14, 2020 (150 Pismo)
18. Citation Appeal (Administrative Citation #22409) (299 Higuera)
19. Citation Appeal (Administrative Citation #22410) (150 Pismo)
Attachment 1
ORDINANCE NO. 1667 (2019 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA REPEALING MUNICIPAL CODE SECTION
2.40.070 (CAMPAIGN SIGNS) AND REPEALING AND REPLACING
TITLE 1.5, CHAPTER 15.40 OF THE MUNICIPAL CODE (SIGN
REGULATIONS) TO UPDATE THE REGULATIONS FOR BEST
PRACTICES, CLARIFY TERMS AND PROCESS, ENHANCE GRAPHICS,
AND ENSURE CONSISTENCY WITH THE REED V. TOWN OF GILBERT
U.S. SUPREME COURT DECISION, AS REPRESENTED IN THE STAFF
REPORT AND ATTACHMENTS DATED AUGUST 20, 2019 (SIGN
REGULATIONS UPDATE)
WHEREAS, the Architectural Review Commission of the City of San Luis Obispo
conducted a study session in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo,
California on August 15, 2016 to discuss issue areas identified in the preliminary review of
updating the Sign Regulations; and
WHEREAS, the Architectural Review Commission of the City of San Luis Obispo
conducted a study session in the Council Hearing Room of City Hall, 990 Palm Street, San Luis
Obispo, California on March 18, 2019 to re -introduce the Sign Regulations Update to the
Commission, take public comments, and discuss the proposed significant changes to the
Regulations; and
WHEREAS, the Architectural Review Commission of the City of San Luis Obispo
conducted a public hearing in the Council Hearing Room of City Hall, 990 Palm Street, San Luis
Obispo, California on June 17, 2019 for the purpose of considering amendments to the City's Sign
Regulations, including repealing and replacing Title 15, Chapter 15.40 of the Municipal Code and
repealing Section 2.40.070 of the Municipal Code (Campaign Signs), and recommended that the
City Council adopt the updated Sign Regulations; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing
in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California on August 20,
2019 and introduced the Ordinance to update the Sign Regulations; and
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. Based upon all the evidence, the City Council makes the following
findings:
1. The Sign Regulations Update comprehensively updates and establishes standards
which will result in signs that are compatible with the built environment, eliminate
potential for visual blight, and allow for adequate business identification, which
implements the policies and programs of the LUCE.
01667
Ordinance No. 1667 (2019 Series)
Attachment 1
Page 2
2. The proposed amendments to Title 15 will not cause significant health, safety, or
welfare concerns, since the amendments are consistent with the General Plan and
directly implement City goals and polices, specifically of the City Community Design
Guidelines Chapter 6.6.
3. The Sign Regulations were specifically updated to address the U.S. Supreme Court
decision in Reed v. Town of Gilbert (2015) 135 S.Ct. 2218 ("Reed"). The entire Sign
Regulations were updated to ensure content neutrality and the standards for temporary
signs in Residential zones were revamped for consistency with the Reed case. The
revised Regulations retain content -neutral standards on size, materials, lighting,
moving parts, and portability. The proposed ordinance also repeals Municipal Code
Section 2.40.070 (Campaign Signs) consistent with Reed.
SECTION 2. Environmental Review. Pursuant to the California Environmental Quality
Act (CEQA), it can be seen with certainty that there is no possibility that the activity in question
may have a significant effect on the environment. A Municipal Code Amendment regarding Sign
Regulations will have no effect on the environment (General Rule Exemption (Sec. 15061(b)(3),
because the Updated Regulations do not increase the size or number of signs allowed and provide
added design criteria, prohibit new electronic message signs, and maintain protection of historic
neighborhoods to further the City's aesthetic goals as contained in the Community Design
Guidelines, all consistent with U.S. Supreme Court direction provided in Reed. Furthermore, signs
are generally exempt from CEQA under Class 11, Accessory Structures (Guidelines Sec. 15311).
SECTION 3. Action. The City Council hereby:
1. Repeals Municipal Code Section 2.40.070 (Campaign Signs), and
2. Repeals and replaces, in its entirety, Title 15, Chapter 15.40 (Sign Regulations) of
the San Luis Obispo Municipal Code as set forth in Exhibit A attached hereto and
incorporated herein.
3. The regulations shall apply only to sign permit applications submitted after the
effective date of this ordinance.
SECTION 4. Severability. If any subdivision, paragraph, sentence, clause, or phrase
of this Ordinance is, for any reason, held to be invalid or unenforceable by a court of
competent jurisdiction, such invalidity or unenforceability shall not affect the validity or
enforcement of the remaining portions of this Ordinance, or any other provisions of the city' s
rules and regulations. It is the city' s express intent that each remaining portion would have been
adopted irrespective of the fact that any one or more subdivisions, paragraphs, sentences,
clauses, or phrases be declared invalid or unenforceable
01667
Ordinance No. 1667 (2019 Series)
Attachment 1
Page 3
SECTION 5. A summary of this ordinance, together with the names of Council members
voting for and against, shall be published at least five (5) days prior to its final passage, in the New
Times, a newspaper published and circulated in this City. This ordinance shall go into effect at
the expiration of thirty (30) days after its final passage.
INTRODUCED on the 20th day of August, 2019, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the 17th day of September, 2019, on the following vote:
AYES:
Council Members Christianson, Gomez, Stewart and
Vice Mayor Pease and Mayo
NOES: None
ABSENT: None
ATTEST:
Teresa Purrington
City Clerk
APPROVED AS
J- C'ari Stine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this "`{ day of Oc:6hQ , 2019.
"P7 P1, UKNA-11
Teresa Purrington
City Clerk
01667
Attachment 1
Exhibit A
Chapter 15.40
SIGN REGULATIONS
Sections:
General Provisions
15.40.100 Title.
15.40.105 Authority
15.40.110 Findings and Purpose.
15.40.120 Applicability.
15.40.130 General Rules and Interpretation
Exempt Signs
15.40.200 Types of signs exempt from a sign permit.
Prohibited Signs
15.40.300 Prohibited signs
Sign Standards
15.40.400
Area and height measurement.
15.40.410
Setbacks.
15.40.420
Maximum height and location.
15.40.430
Illumination.
15.40.440
Clearance.
15.40.460
Sign standards by district.
15.40.470
Sign standards by sign type.
15.40.480
Design Principles
15.40.485
Sign programs.
Sign Permits: Application and Permit Procedures
15.40.500 Permit required.
15.40.510 Sign permit application—Contents.
15.40.520 Architectural review application.
15.40.530 Level of Review and action by the director.
Attachment 1
15.40.540
Permit issuance.
15.40.550
Denial.
15.40.560
Appeals.
Exceptions to Sign Standards
15.40.600 Requests for exceptions.
15.40.610 Findings for approval of an exception.
Sign Maintenance and Abandoned Signs
15.40.700 Maintaining signs.
15.40.720 Unsafe signs.
Nonconforming Signs
15.40.800 Existing nonconforming signs
15.40. 840 Removal of Non -Conforming Signs
Enforcement
15.40.900 Type of offense.
15.40.910 Public nuisance.
Definitions
15.40.1000 Definitions.
General Provisions
15.40.100 Title
This chapter shall be known and cited as the "Sign Regulations of the City of San Luis Obispo"
15.40.105 Authority
This chapter is adopted pursuant to the authority vested in the City of San Luis Obispo and the State of
California, including but not limited to: the State Constitution, California Government Code Sections 38774
and 65850, California Business and Professions Code Section 5230 and California Civil Code Section 713.
Attachment 1
15.40.110 Findings and Purpose.
The Council of the City of San Luis Obispo has determined that these sign regulations are necessary for
the following purposes:
A. Protecting and enhancing the character of the community and its various neighborhoods and districts
against visual blight. Furthermore, a proliferation of signs can seriously detract from the pleasure of
observing the natural scenic beauty of San Luis Obispo and the built environment;
B. Regulating the size, type and location of signs to encourage the effective use of signs as a means of
communication and to provide equality and equity among sign owners and those who wish to use signs;
C. Controlling the size and number of signs is consistent with community goals and policies expressed in
the General Plan-, to ensure that new signs are consistent with overall City goals to protect San Luis
Obispo's physical identity and character by maintaining and enhancing the community with distinctive,
attractive, and pedestrian -oriented commercial areas and neighborhoods. The Sign Regulations work
together with the Community Design Guidelines and Historic Preservation Guidelines to achieve these
goals;
D. Ensuring that the design of signs are architecturally compatible with affected structures and the
character of surrounding development in order to maintain the overall quality of a neighborhood or
commercial district;
E. Limiting the number and size of all signs to avoid visual clutter which is detrimental to the character of
the community.
F. Protecting public safety by ensuring that official traffic regulation devices be easily visible and free from
nearby visual obstructions and distractions, such as attention -getting signs, an excessive number of signs,
or signs in any way resembling official signs;
G. Protecting the constitutionally -guaranteed right of free speech by enacting regulations to regulate the
time, place and manner under which signs are permitted, and not the content of signs. Although examples
of content may be provided in these Regulations content will not be used as a basis for determining whether
or not a proposed sign may be permitted.
15.40.120 Applicability.
This chapter shall apply to all property and land within the jurisdiction of the City of San Luis Obispo. It is
unlawful for any person, firm, or corporation that owns, occupies, or controls property in the City of San Luis
Attachment 1
Obispo to construct, maintain, display or alter or cause to be constructed, maintained, displayed or altered,
a sign within the city except in conformance with this chapter.
15.40.130 General Rules and Interpretation
A. Signs Must Comply with This Code. In all zones, only such signs that are specifically permitted or
exempted in this Chapter may be placed, erected, maintained, displayed or used, and the placement,
erection, maintenance, display or use of signs shall be subject to all restrictions, limitations and regulations
contained in this chapter. The placement, erection, maintenance, display or use of all other signs is
prohibited.
B. Enforcement Authority. The Community Development Director ("the Director") is authorized and directed
to enforce and administer the provisions of this chapter with the Public Works Director's authority where
noted.
C. Permit Requirement. Unless expressly exempted by a provision of this chapter, or by other applicable
law, signs within the regulatory scope of this chapter may be displayed only pursuant to a permit issued by
the City pursuant to this chapter and any applicable permits required by the Building Code or Title 12 of the
City's Municipal Code.
D. Message Neutrality. It is the City's policy to regulate signs in a way that does not favor commercial
speech over noncommercial speech and is content neutral as to noncommercial messages which are within
the protections of the First Amendment to the U.S. Constitution and the California Constitution
E. Regulatory Interpretations. All regulatory interpretations of this chapter are to be exercised in light of the
City's message neutrality policy. Where a particular type of sign is proposed in a permit application, and
the type is neither expressly allowed nor prohibited by this chapter, or whenever a sign does not qualify as
a "structure" as defined in the Building Code, then the Director shall approve, conditionally approve or
disapprove, or refer the sign to the Architectural Review Commission, based on the most similar sign type
that is expressly regulated by this Chapter.
F. Substitution of Messages. Subject to the property owner's consent, a noncommercial message of any
type may be substituted for any commercial message or any noncommercial message, provided that the
sign is otherwise legal without consideration of message content. Such substitution of message may be
made without any additional approval or permitting. This provision prevails over any more specific provision
to the contrary within this Chapter. This provision does not create a right to increase the total amount of
signage on a parcel, lot or land use; does not affect the requirement that a sign structure or mounting device
be properly permitted; does not allow a change in the physical structure of a sign or its mounting device;
Attachment 1
and does not allow the substitution of an off-site commercial message in place of an on-site commercial
message.
G. Property Owner's Consent. No sign may be displayed without the consent of the legal owner(s) of the
property on which the sign is mounted or displayed. For purposes of this policy, "owner" means the holder
of the legal title to the property and all parties and persons holding a present right to possession, control or
use of the property.
H. Severance. If any section, sentence, clause, phrase, word, portion or provision of this Chapter is held
invalid or, unconstitutional, or unenforceable, by any court of competent jurisdiction, such holding shall not
affect, impair, or invalidate any other section, sentence, clause, phrase, word, portion, or provision of this
Chapter which can be given effect without the invalid portion. In adopting this Chapter, the City Council
affirmatively declares that it would have approved and adopted the Chapter even without any portion, which
may be held invalid or unenforceable.
Exempt Signs
15.40.200 Types of signs exempt from a sign permit.
The City has a compelling interest in permitting the following signs in order to comply with state and local
laws and to promote public safety on City property and in the public right-of-way. The following signs may
be installed without a sign permit, provided they meet the requirements listed below. Under certain
circumstances these signs may require a building permit or encroachment permit. Contact the Building
Division of the Community Development Department and the Public Works Department for permitting
requirements prior to installing any of the signs listed below. These signs shall not be included in the
determination of type, number, or area of signs allowed on a given property.
A. Address Signs. Signs installed in compliance with California Fire Code, Section 505.1 or, if updated,
the applicable Fire code section as determined by the City Fire Marshal
B. Signs Posted During Construction. A maximum of four non -illuminated -signs located on construction
sites not exceeding 16 square feet in aggregate area, while a valid construction permit is active. For
commercial and residential projects on sites three acres or larger, the maximum exempt sign area under
this subsection is 32 square feet.
C. Gasoline Price Signs. Not more than one price sign for each frontage, not to exceed 20 square feet
each and subject to height, and setback limits established by zoning district. Notwithstanding other
provisions of this Chapter, signs may include digital readouts or LED technology as necessary to comply
with Business and Professions code for the display of fuel prices.
Attachment 1
D. Official Signs. Official federal, state, local government signs and notices issued by any court, person,
or officer in performance of a public duty; signs required by federal, state, or local law; and signs placed by
utility companies as part of the normal operation and maintenance of utility facilities.
E. Miscellaneous Small Signs. Signs with an aggregate area not to exceed three square feet and located
within five feet of an entrance to a building.
F. No Trespassing Signs. Trespassing warnings that are posted in compliance with applicable federal,
state, and local laws.
G. Traffic Safety Signs. Signs warning of construction, excavation, or similar hazards if expressly
approved by the City's Public Works Director. Parking lot and other private traffic directional signs each not
exceeding three feet in height and five square feet in area and limited to guidance of pedestrian or vehicular
traffic within the premises on which they are located.
H. Temporary Window Signs. Temporary signs posted for 30 days or less on commercial properties that
are painted directly on a window, affixed to the inside of a window, or hung within 36 inches of a window
and promoting any message, including, but not limited to, grand openings and special events (commercial
and non-commercial), provided the sign or signs do not exceed 10 percent of each window area, or four
square feet per window, whichever is greater.
Vehicle Signs. Painted signs or decals affixed to the body of any vehicle, unless parked or operated for
the primary purpose of displaying the sign. See prohibited vehicle signs in 15.40.300.1.
J. Signs Within Building Interior. Signs or other visual communicative devices that are located entirely
within a legally established building or other enclosed structure and are not intended to be oriented or be
made visible from the exterior.
K. Signs in Residential Zones or Signs on Residential Properties in Commercial Zones. In addition
to addressing signs in conformance with 15.40.200.A. & Flag Signs in conformance with 14.40.470.K., up
to three temporary signs are allowed in conformance with the following requirements: (1) Regardless of the
total number of signs posted at any time, temporary signs shall not exceed 120 days per sign in total
duration per calendar year; (2) Individual signs shall not exceed five square feet; (3) Temporary signs may
only be placed in the yard area. Examples of such signs include yard sale signs, real estate signs, and
campaign signs. Exempt residential signs shall not include features from Prohibited Signs Section
15.40.300 which would be incompatible with the residential neighborhood such as audio, flashing or blinking
lights or other attention getting devices. The content of the message conveyed has no application to
compliance with the requirements of this section.
Attachment 1
Signs in multi -unit apartment, condominiums, or common interest subdivisions with no ground level
ownership may have up to two temporary window signs not to exceed 20 percent of the window area in
which they are displayed and not exceed 120 days in total duration per calendar year.
L. Temporary Signs in Non-residential Zones. Three non -illuminated and non -electronic temporary signs
not to exceed ten square feet for a total not to exceed 120 days per calendar year. Examples of such signs
include campaign signs, real estate signs, or notice of special events. Temporary signs shall not include
audio, movement, or other characteristics listed in Prohibited Signs Section 15.40.300 which would be
incompatible with area character and/or create distractions which could inhibit the safe movement of traffic.
Temporary signs shall be posted below the roofline of the building and not obscure architectural features
or cover windows.
Prohibited Signs
15.40.300 Prohibited signs.
The City has a compelling interest to prohibit the following signs to further the findings and purpose (Section
15.40.110) of these sign regulations and to enforce local, State and Federal law. All signs below are
specifically identified as prohibited with some exceptions, and any other signs not expressly provided for or
exempted from this chapter are prohibited. Sign types which, in the determination of the Community
Development Director, are similar to those listed in this section or which are not described in these
Regulations, are also prohibited.
A. Attention Getting Devices. Pennants, streamers, spinners, balloons, inflatable signs, search lights,
beacons, flashing lights or messages and other similar attention -getting devices, unless authorized in
conjunction with a temporary use permit or special event permit, or architectural review, and provided
the city's Public Works Director determines that such a sign will not create an unsafe distraction for
users of the public right-of-way.
B. Banner Signs are prohibited unless:
1. Approved in conjunction with an approved temporary or intermittent use, or outdoor event 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 for not more than 30 days or within a specified timeframe as determined
by the Community Development Director; or
Attachment 1
3. Approved by the Public Works Director over designated rights-of-way in compliance with Municipal
Code Section 12.04 (Encroachments); or
4. The sign is exempt under 15.40.200.
C. Backlit Translucent Awning Signs.
Any sign located on an awning that is translucent or semi -transparent and illuminated from a light source
under or within the awning.
D. Outdoor Advertising Displays and Off -Site Signs. Outdoor advertising displays such as billboards,
handheld signs, mascots, and all off-site commercial signs that display advertising for a business,
commodity, service, facility, or other such matter that is not located, conducted, sold, or offered upon the
premises where the sign is located are prohibited within the city of San Luis Obispo. Any such outdoor
advertising displays that are located within the public right-of-way are considered off-site and are prohibited.
The onsite/offsite distinction applies only to commercial messages on signs.
E. Highly Reflective and Fluorescent Signs. Signs made wholly or partially of highly reflective material
and fluorescent or day -glow painted signs.
F. Signs on Utility Poles or Traffic Control Devices. Signs attached or placed adjacent to any utility pole,
traffic sign, signal, or marking, or any other official traffic -control device, unless in accordance with the
California Vehicle Code.
G. Signs on Street Trees. Any sign posted on a street tree.
H. Signs that Block Ingress or Egress. Any sign, such as a sandwich -board sign, placed or maintained
so as to interfere with free ingress to or egress from any door, window or fire escape, or parking lot.
I. Signs in the Street Right -of -Way. Any sign placed in any street right-of-way without a valid
encroachment permit or prior approval of the Public Works Director for the purpose of safety or traffic
control.
J. Simulated Traffic Signs. Any sign which simulates or imitates in size, color, lettering or design any
traffic sign or signal, or which makes use of words, symbols or characters in such a manner as to interfere
with, mislead, or confuse pedestrian or vehicular traffic.
Attachment 1
K. Vehicle Signs or Mobile Advertising Displays.
Mobile billboard advertising displays and advertising signs on motor vehicles parked or left standing upon
a public street, except for advertising signs that are permanently affixed to the body of, an integral part of,
or a fixture of a motor vehicle for permanent decoration, identification, or display and that do not extend
beyond the overall length, width, or height of the vehicle, advertisement on license plate frames installed in
compliance with Vehicle Code section 5201, and paper advertisements issued by a dealer contained within
a license frame installed in compliance with Vehicle Code section 5201. For purposes of this section,
"permanently affixed" means any of the following: (i) Painted directly on the body of a motor vehicle, (ii)
Applied as a decal on the body of a motor vehicle, or (iii) Placed in a location on the body of a motor vehicle
that was specifically designed by a vehicle manufacturer as defined in Vehicle Code section 672 and
licensed pursuant to Vehicle Code section 11701, in compliance with both state and federal law or
guidelines, for the express purpose of containing an advertising sign. The City has determined this
prohibition is necessary because mobile advertising as a primary purpose inhibits the safe movement of
traffic, contributes to air pollution, and detracts from the overall aesthetics of the City. This prohibition
applies citywide irrespective of the content of the message or ideas expressed.
L. Prohibited or Unpermitted Uses. Any sign displaying a commercial message promoting a business
that is not a permitted use pursuant to Title 17 of the City of San Luis Obispo Municipal Code (Zoning
Regulations).
Attachment 1
M. Roof Signs.
Unless expressly allowed Section 15.40.420 of this chapter, roof signs are prohibited in all zones.
N. Electronic Message Centers (EMC signs) and Digital Display.
Signs using digital displays or other means to present images or messages. These signs typically use light
emitting diode (LED), liquid crystal display (LCD), plasma or other technology to present a series of still
images, full motion animation, or other text messages. (Does not apply where pre-empted by State law for
fuel price signage or other applicable codes).
Exemption: City parking facilities are exempt from the EMC prohibition in order to provide information to the
public regarding parking availability. This exemption is necessary for the public health, safety, and welfare
of the community in order to manage unnecessary car trips and reduce greenhouse gas emissions resulting
from unnecessary vehicle parking space searches in City parking facilities and to minimize driver confusion
and distraction that can increase the likelihood of vehicle and pedestrian accidents and injuries.
Sign Standards
15.40.400 Area and height measurement
The sign area is calculated by determining the periphery of the sign. The periphery of the sign shall be
established by drawing no more than eight straight lines encompassing the limits of the sign within the
smallest possible area. In determining the area of an individual sign that has more than one face (e.g., a
monument or projecting sign), the single sign face with the greatest area shall be used. The total sign area
is the sum of all individual sign areas. Sign area does not include supporting structures, such as sign bases
and columns without lettering or graphics.
Attachment 1
The height of a sign shall be measured from the ground, adjacent to the sign, to the top of the sign and
support structure. If the ground under the sign slopes, the height shall be measured from the average grade
under the sign itself.
15.40.410 Setbacks
Except as provided in these Sign Regulations, sign location shall conform with setbacks established in the
zoning regulations.
A. Signs taller than three feet may not be located within the visibility triangle depicted below. Minor
exceptions may be granted for controlled intersections if approved by both the Public Works Director and
Community Development Director, if a finding is made that the proposed sign will not affect the line of sight
of vehicles or pedestrians at the intersection.
HBOH IN"
Mb% E W UNC
B. With Public Works Director approval, traffic directional signs may be placed in the required setback,
providing they do not interfere with visibility required for safe vehicular and pedestrian circulation, especially
at street corners.
C. With Public Works Director and Community Development Director approval, signs may be located in the
required setback area, provided they are outside of the visibility triangle and provide adequate site distance
for driveways
D. The Community Development Director may approve reduced setbacks for signs, provided the Public
Works Director concurs the sign does not interfere with visibility required for safe vehicular and pedestrian
circulation and provided that the sign is architecturally compatible with the proposed location.
Attachment 1
15.40.420 Maximum height and location.
The maximum height of any sign is as provided for each sign type specifically identified in this chapter in
15.40.470, or with sign program approval or by exception as provided in 15.40.485 and 15.40.600
respectively.
All signs that are attached to a building must be located on a building face that has a public entrance. The
Community Development Director may make exceptions to this requirement in circumstances where the
purpose and intent of these regulations is maintained and where the orientation of the public entrance to a
building is such that the sign would not have sufficient visibility from the public right-of-way to provide for
adequate identification of the business or use.
The Community Development Director may make exceptions to the prohibition of roof signs in
circumstances where the sign does not extend above the roofline, the building lacks an architectural feature
to locate a sign, or other special circumstances.
15.40.430 Illumination.
Where illumination of signs is permitted, the following standards shall apply.
A. Lighting for signs shall not create a hazardous glare for pedestrians or vehicles either in a public street
or on any private premises.
B. The light source, whether internal to the sign or external, shall be shielded from view. This requirement
is not intended to preclude the use of diffused exposed neon, LED, or similar technology.
C. Sign illumination for externally illuminated signs shall utilize focused light fixtures that do not allow light
or glare to shine above the horizontal plane of the top of the sign and to limit direct illumination of any object
other than the sign or onto any public right-of-way or adjoining property.
D. Each sign shall be designed so that illumination does not exceed 100 luxes (10 foot-candles) measured
at a distance of 10 feet from the sign.
E. In the Office zone, illumination of the sign face shall not exceed 10 luxes (one foot-candle) measured at
a distance of 10 feet from the sign.
F. Signs located in residential zones may not be illuminated, except externally illuminated directory signs
approved for residential projects, which shall not exceed 10 luxes (-one 1 foot-candle) measured at a
distance of 10 feet from the sign.
Attachment 1
G. Internally illuminated cabinet signs are prohibited in the Downtown -Commercial (CD) zone and allowed
in other zoning districts in compliance with the Design Principles.
THE MAY FIRM
Encouraged
Discouraged
Internally Illuminated Cabinet signs consist of frame and face(s) with a translucent message panel. Signs
with a backing or case of opaque material with punch thru letters so only the letters or business symbol are
illuminated are not classified as internally illuminated cabinet signs.
H. Signs in the Downtown (C -D zone)
Signs in the Downtown (C -D zone) may only use external illumination, halo backlighting, push through,
neon, channel letters, or LED tubing with a similar appearance and brightness level which simulates neon.
Channel Letter Signs
Attachment 1
Backlit (Halo) Signs
All signs with internal illumination including monument signs, walls signs, projecting signs and
pole signs shall have opaque only lettering illuminated, subject to compliance with the standards in
subsections E, F, and G of this section.
15.40.440 Clearance.
Where permitted, awning, projecting, marquee, and suspended signs shall conform to the following
requirements:
A. Vertical Clearance. The minimum clearance between the lowest point of a sign and the grade
immediately below shall be 8 feet for public right-of-way and private sidewalk areas.
B. Horizontal Clearance. The minimum horizontal clearance between a sign and the curb line shall be
two feet; the maximum projection over a public sidewalk shall be two-thirds (2/3) the width of the
sidewalk or six feet, whichever is less.
15.40.460 Sign standards by district.
The following standards shall be applied in each of the city's zoning districts, notwithstanding the standards
for each sign type established by Section 15.40.470 or the Design Principles established by Section of
15.40.480. In no case may the maximum number or size of signs, or their illumination levels, exceed the
standards provided by this Section 15.40.460, unless approved through a Sign Program or Exception as
provided by Section 15.40.485 or Section 15.40.600;.
A. The cumulative area and number of signs requirements provided in 15.40.460 & 15.40.470
summarized in this table represent maximum standards for signs which conform to the
requirements for each sign type in 15.40.470 & Design Principles of 15.40.480.
Attachment 1
Zoning Designation
Sign Types
# of
Illumination
Max
Allowed
signs per
cumulative sign
premises
area (notes)
Residential Zones (R1 -R4)
Wall,
1
Not allowed
20 square feet
hanging and
Flags see
suspended,
15.40.470.K
freestanding
post, flags
Office (0)
All Sign
2
External only
50 square feet
Types except
15.40.430
pole signs
Neighborhood Commercial (C -N)
All Sign
2
No internal
50 square feet
Types except
illumination.
pole signs
May be external only
or include low level
backlit signs behind
opaque surface
Retail Commercial (C-R),
All Sign
4
See requirements of
200 square feet
Downtown Commercial (C -D)
Types except
15.40.430 and
Business Park (B -P),
pole and
15.40.470(F) for
multi -tenant
monument signs
signs in the
CD zone
Tourist Commercial (C -T), Service
All Sign
2
See requirements of
200 square feet
Commercial (C -S), Manufacturing
Types except
15.40.430
(M)
projecting,
pole, and
multi -tenant
signs in the
M zone
Public Facilities (PF), Community
All Sign
2
100 square feet
Commercial (C -C)
Types except
projecting,
pole, and
multi -tenant
signs in the
PF zone
Conservation and Open Space
Wall,
2
External only
50 square feet
(C/OS), Agriculture (AG)
Freestanding
15.40.430
post,
monument,
Hanging and
suspended
Attachment 1
15.40.470 Sign standards by sign type.
This section is intended to be used in conjunction with other standards contained in these Sign Regulations.
Signs shall also comply with Section 15.40.430 Illumination of these regulations. Each sign type shall also
comply with Design Standards section 15.40.480 in addition to design and quality requirements within the
sign standards for each sign type within this section.
A. Wall Signs.
■
MM
Or
Signage (Guidelines
0
Wall :signs include most types of signage that are attached to the face of a building wall_ These include ch ui-
rnel letters trade out of wood. [notal or plastic. ball sigus may be painted on a wall. or on a board that is
attached to a wall_ i zJ1 suns should be oriented to achieve balanced composition and harmony with other
architectural elements of a building. facade. Wall suns should be placed on a flat building surface. and should
not be placed over or otherwise obscure architectural building features.
1. Location, Height, and Number Permitted. Wall signs shall gust be located on a building face that
has a public entrance (unless allowed section 15.40.420). One wall sign is permitted per wall face for
each occupant, with up to is two per occupant space where conditions of 15.40.420 are applicable.
The maximum height of -wall signs on multi -story buildings is the upper most point of the second story
unless additional height is approved through a sign program or exception as provided in 15.40.485
and 14.40.600.
2. Size. Wall signs may be a maximum of 100 square feet or 15 -percent of the building face where
the sign is attached, whichever is less. Wall signs shall not exceed maximum cumulative areas of
15.40.460. The building face area is determined by multiplying the length of the linear frontage of the
tenant space or building by the average height of the tenant space or building.
Attachment 1
3. Illumination. Wall signs may be illuminated externally or internally consistent with
Section 15.40.430 of these sign regulations.. and the design standards set forth in section
15.40.470.A.4 below.
4. Design. Internally illuminated cabinet signs are prohibited in the Downtown -Commercial District.
Examples of allowed internally illuminated signs include backlighting, halo, or neon lit letters or
emblems, channel letters, or logos. All wall signs shall consist of high-quality installations using a
direct or flush mount without exposed wiring, raceways, or other stabilizing devices or mounts
including backer mounts. Attachments shall be hidden from view in the least destructive manner
possible. For masonry, attachments should be embedded into the mortar, not the brick or stone.
Except as allowed herein, materials such as foam, poster board, or flat plastic which are usually
associated with temporary signage are not appropriate.
A. Balance and Proportion
Wall signs shall appear balanced and in proportion and scale with the building elevations which
they are placed, and not obscure windows, or overwhelm architectural features such as
pilasters and cornices (see examples shown below).
B. Material
Unless approved as a temporary sign, wall signs shall not consist of materials such as foam,
poster board, or flat plastic which are usually associated with temporary signage (see examples
below).
Attachment 1
4. Zoning. Wall signs are allowed in all zoning districts.
B. Window Signs
Signage Guidelines
Window signs should be sealed to the pedestrian and oriented to window shoppers on the sidewalk, as
opposed to vehicles pass'rn by- Window signs should be limited to small craphIcs and text that serve to
frame s window or to provide information. A window sign should not obscure the view into a stone or place
of business.
1. Location and Number. There is no specific location requirement or limit to the number of window
signs allowed. Window signs are located within 36 inches of the face of a window. Window displays,
including merchandise displays, graphics and text, that are located more than 36 inches from the
face of a window are not considered signs.
2. Size. Window signs are limited to a maximum of 24 square feet or 15 -percent of the window area,
whichever is less.
Attachment 1
3. Illumination. Window signs may be illuminated by any means consistent with Section 15.40.430 of
these sign regulations.
4. Zoning. Window signs are allowed in all commercial zoning districts.
C. Awning Signs.
Signage Guidelines
`signs on awnings should be minimized and are only appropriate if there are no good alternatives for wali
signs, projecting signs or hanging and suspended signs. Signage should be limited to the :skirt of the awning
and should not be on the awning face. Signs should only be considered for the awning face if there is no
other adequate location for signage on a given storefront or property -
1. Location and Number. Signs may be located on awnings subject to size criteria. One
awning sign is permitted per tenant space and must maintain a minimum vertical and horizontal
clearance requirement of 15.40.440.
2. Size. Signs on awnings shall not cover more than 25 percent of the main area of the awning, or
exceed 25 square feet in size, whichever is smaller.
3. Illumination. Awning signs may be externally illuminated consistent with Section 15.40.430 of
these sign regulations. Back -lit, translucent awning signs are prohibited.
4. Design. Graphics, logos, and signage language should have a quality integrated appearance and
signage shall not be added to existing awnings with adhesive applications or other means of attaching
a sign to the awning material. The awning material should incorporate a durable sign design and
consist of long-lasting materials such as canvas or another durable outdoor fabric material.
5. Zoning. Awning signs may be located in all commercial zones.
D. Projecting Signs.
,4
Attachment 1
Signage Guidelines
Projecting signs are attached to a building face and project out }perpendicular to the building wall. Projecting
signs are very effective when oriented to pedestrians on the sidewalk level. Appropriate materials include
wood and metal with carved or applied lettering, or any other material that is architecturally compatible
with the building that the sign is attached to. Multiple projecting sign* should not be installed within ten
feet of each other if on the same property and should be separated frons projecting signs on adjacent prop-
erlies by teen feet to ensure proper v'islbillt�'
1. Location and Number. Projecting signs must be attached to building facades that have a public entrance
and must maintain minimum vertical and horizontal clearance requirements of 15.40.440. One projecting
sign is allowed per tenant space. Multiple projecting signs shall not be installed within ten feet of each other
if on the same property and shall be separated from projecting signs on adjacent properties or tenant spaces
by ten feet to ensure proper visibility.
2. Size. Projecting signs may have the following maximum areas:
Office (0) zone: Six (6) square feet
Neighborhood -Commercial (C -N) zone: twelve (12) square feet
Downtown -Commercial (C -D) zone: twelve (12) square feet
Community Commercial Zone (C -C) zone: twelve (12) square feet
Retail -Commercial (C-R) zone: twenty-four (24) square feet
Tourist -Commercial (C -T) zone: twenty-four (24) square feet
Attachment 1
3. Illumination. Projecting signs may be illuminated by any means consistent with Section 15.40.430 of
these sign regulations.
4. Design. Projecting signs shall attach to a building face and project out perpendicular to the building wall.
Projecting signs are encouraged as an effective pedestrian scale sign. Appropriate materials include wood
and metal with carved or applied lettering, or any other material that is architecturally compatible with the
building that the sign is attached. Materials such as foam, poster board, or flat plastic which are usually
associated with temporary signage are not appropriate.
5. Zoning. Projecting signs are allowed in the O, C -N, C -D, C -C, C-R and C -T zoning districts only.
E. Hanging and Suspended Signs.
Signage Guidelines
Hanging suns, or Rispended s gns; are used to help define entries and identify business navies to pedestri-
ans. Thee are small and can hang over a building entry if the appropriate clearance is pmvided. Hanging
signs call be particularly useful for storefronts that have fnulttple tetlants.
1. Location and Number. Hanging or suspended signs shall be attached to building facades that have
a public entrance and must maintain minimum vertical and horizontal clearance requirements of
15.40.440. One hanging or suspended sign is allowed per tenant space.
2. Size. Hanging signs may have a maximum area of eight square feet.
3. Illumination. Hanging signs and suspended signs may be externally illuminated consistent with
15.40.430.
Attachment 1
4. Design. Hanging and Suspended signs are intended as pedestrian scale signs used to help define
entries. Materials shall be durable and made of quality materials such as wood or metal to convey a
sense of quality and permanence. Materials such as foam, poster board, or flat plastic which are
usually associated with temporary signage are prohibited.
5. Zoning. Hanging and suspended signs are allowed in all zoning districts.
F. Monument Signs.
Signage Guidelines
Monument signs are typicatly used inhere building setbacks, orientation or design nuke it difficult to pro-
vide other types of signage, such as wall signs, that are plainly visible to people that are trying, to identify
a use, Mo17UMCIlt'dDlIS ]lave asolidbase that the sign face is installed upon. These signs should bedesigned
so that the style of the sign and its lase are consistent with the architecture of the building,S on the site_ They
are typically oriented perpendicul<arto the adjacent street and sidewalk and have a maxImurn of two parallel
sign faces_ Monru11ent signs pro -vide opportunities for landscaping to enhance their appearance.
1. Location and Number Permitted. Monument signs may be located in required street yards in all
commercial districts and the public facility (PF) zone, subject to the approval of the Community
Development and Public Works Directors, as provided for in Section 15.40.410 of these sign
regulations. Only one monument sign is permitted per premises, per street frontage.
2. Size and Height. Monument signs may be a maximum of 24 square feet. The maximum height of
a monument sign is six feet from the average natural grade at the base of the sign. In the C-R (Retail
Commercial) and C -D (Downtown Commercial) zoning districts, the maximum size of a monument
sign is 12 square feet and the maximum height is four feet. Where two or more uses are located on
Attachment 1
the same premises, the sign area for monument signs must be shared. The largest single sign face
is used to calculate the area of monument signs.
3. Illumination. If illumination of monument signs is desired, then external illumination or halo lighting
is preferred. Internally illuminated monument signs downtown Illumination shall be consistent with
Section 15.40.430 of these sign regulations. Internal illumination of monument signs as shown below
are not allowed in the Office (0) or Neighborhood Commercial (NC) zone.
4. Design. Monument signs shall be designed to be compatible with the architecture of the buildings
on site with a solid base and background with a maximum of two parallel sides. Materials should be
durable and made of quality materials such as wood or metal to convey a sense of quality and
permanence. Materials such as foam, poster board, or flat plastic which are usually associated with
temporary signage are not permitted.
G. Freestanding Post Signs.
Attachment 1
Signage Guidelines
Freestanding post signs are pilmarily used to identify office uses, especially where a former residence has
been converted into an office_ They are similar to monument signs, except they do not have a base other
them the support posts, they usually have a single sign face, and they are usually ofleuted parallel to the
sidewalk instead of perpendicular. The colors and materials used for the sigh must be compatible with the
associated building design_ Lettering should be cared, routed or applied as opposed to painted on a flat
board_
1. Location and Number. Freestanding post signs may be located in required street yards, subject to
the approval of the Community Development and Public Works Directors, as provided for in
Section 15.40.410 of these sign regulations. Only one freestanding post sign is permitted per
premises, per street frontage.
2. Size and height. The maximum sign area for freestanding post signs is 20 square feet.
Freestanding post signs shall not be taller than six feet, measured from average natural grade at the
base of the sign to the top of the sign structure. Where two or more uses are located on the same
premises, the sign area for freestanding post signs must be shared.
3. Illumination. Freestanding post signs may be externally illuminated consistent with
Section 15.40.430 of these sign regulations.
4. Design. Colors and materials used for the sign construction shall include complementary colors
and materials with the associated building design and the size and scale of the signs shall not detract
or be out of character with the surrounding neighborhood. Materials should be durable and made of
quality materials such as wood or metal to convey a sense of quality and permanence. Materials
such as foam, poster board, or flat plastic which are usually associated with temporary signage are
not permitted.
5. Zoning. Freestanding post signs are allowed in all zoning districts.
H. Pole and Pylon Signs.
Attachment 1
signage Guidelines
Pole sign af-e primarily intended to communicate with people in automobiles_ The sign structure is typicall1V
Iocateed on a singe pole,. but other types of supports may be used.
1. Location and Number. Pole and Pylon signs may be located along arterial streets and must not
impact the line of sight of people in cars to pedestrians or other vehicles in the street right-of-way.
They must be located outside of required yard or setback areas, unless an exception is approved by
the Director during review of the sign design, as provided for by Section 15.40.410. One pole sign is
permitted per premises along an arterial street frontage.
2. Size. Pole signs may have a maximum height of 16 feet and a maximum area of 72 square feet
measured from the average natural grade of the ground immediately beneath the sign. Where two or
more uses are located on the same premises, the sign area for pole signs must be shared on a single
sign.
3. Illumination. Pole signs may be illuminated by any means consistent with Section 15.40.430 of
these sign regulations, and subject to approval by the Director of the lighting design.
4. Design. Colors and materials used for the sign construction shall include complementary colors
and materials with the associated building design.
5. Zoning. Pole signs are allowed in the C-R (Commercial Retail), C -S (Commercial Service) and C-
T (Commercial Tourist) zones only along designated arterial routes as identified in the Circulation
Element of the General Plan, subject to the approval of the Director.
1. A -Frame (Sandwich -Board) Signs.
Attachment 1
Signage Guidelines
Sandwich -board signs can be effective for certain types of uses, such as markets, restaurants or bakeries
that have changing specials and mends_ These signs may have rewrltable surfaces, such a chalk b=ds or
dry -erase boards_
1. Location and Number. A -Frame (Sandwich -board) signs are prohibited in the public right-of-way
and must be placed on private property. Sandwich -board signs may be located in required street
yards for any given zone, subject to the approval of the Community Development Director, as
provided for in Section 15.40.410 of these sign regulations. They may be placed in a front yard or in
a foyer, portico, or other building entry provided they do not interfere with pedestrian ingress or egress
as required by the Building Code. Only one sandwich -board sign is permitted per tenant space.
2. Size. Sandwich -board signs may have a maximum area of eight square feet and a maximum
height of four feet, measured from the ground to the top of the sign structure.
3. Illumination. Sandwich -board signs may not be illuminated.
4. Design. Signs must be made of durable materials designed to withstand exterior conditions such
as smooth particle board, medium density fiberboard, or plywood.
5. Zoning. Sandwich -board signs are allowed in all commercial zones.
J. Shopping Center (or Multi -Tenant) Identification Signs
I
BROKEN EARTH
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TAMiNS
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Attachment 1
Signage Guideiines
Shopping, center identification signs should be comp.,-ttible with the design theme of the development. They
may identify multiple tenants.. but larger shopplug centers with more than five tenant,, should avoid listing
Individual tenants. other Lhan the p]'oject. Anchors, t0 avold sigh clutter- The sign structure should contain
ele[mews of the design theme of the buildings in the ceuter.
1. Location and Number. One shopping center identification sign may be located on each major street
frontage of a development subject to approval of the Director.
2. Size. Shopping center identification signs for new developments shall be reviewed as part of the
development application consistent with 15.40.485. Sign Programs.
3. Illumination. Shopping center identification signs may be illuminated consistent with
Section 15.40.430 of these sign regulations. Shopping center identification signs shall not incorporate
internally illuminated cabinet signs.
4. Design. Shopping center identification signs shall be compatible with the colors, materials, and
design theme of the development. Multi -tenant centers with more than five tenants shall only list the
main anchor tenants with no more than five listed. -Multi -tenant signs which list an excessive number
of individual tenants can result in sign clutter.
5. Zoning. Shopping center identification signs shall only be permitted in the C -S, C -C or C-R
zoning districts.
K. Flags.
Attachment 1
1. Location and Number. Flag poles shall be located outside of required setback areas. Only one
flagpole is permitted per premises. Flag poles consistent with this section and section 15.40.200.N.
do not require a sign permit but may require building permits. In residential zoning districts wall
mounted flags which do not project above the roofline are exempt from permit requirements.
2. Size. The size (dimensions) of the flag shall be commensurate with the height and diameter of the
pole, per recommended industry standards. The maximum height of the flag or pole which the flag is
mounted to is the same as the maximum height for structures, as provided in the zoning regulations.
Height and size standards for flags are shown in the table below:
Ground Set Poles Roof -Mounted Poles
Exposed Pole Height Flag Dim. & Size (sq. ft.) Exposed Pole Height (ft.) Flag Size (sq. ft.)
(ft)
15-20 3 x 5 15 4x6
25 4 x 6 20-30 5 x 8
30-35 5x8 35-40 6x10
40-45 6x10 45-50 8x12
50 8 x 12 50-60 9 x 15
3. Illumination. Flags may be illuminated by any means consistent with Section 15.40.430 of these
sign regulations.
Attachment 1
4. Zoning. Flags may be located in all zoning districts, subject to conformance with the above size
and pole height criteria.
L. Directory Signs
Signage Guidelines
Director} are used for multi -tenant buildIngs to provide a directory of t+enatit locations within the
building.. They inay also serve as the address sign for the property. Directory signs are small scale 9nd are
oriented to pedestrialls.
1. Location and Number. Directory signs may be freestanding or may be fixed on an exterior wall if
the building has no setback. One directory sign may be permitted per premises.
2. Size. Directory signs may be no larger than 12 square feet in area., and individual letters may not
exceed six inches in height.
3. Illumination. Directory signs may be illuminated by any means consistent with Section 15.40.430 of
these sign regulations.
4. Design. Directory signs are intended for multi -tenant buildings to provide visibility and guidance for
pedestrians in locating tenant suites. Directory signs are small scale and oriented to pedestrians.
5. Zoning. Directory signs are allowed in all zoning districts.
Attachment 1
15.40.480. Design Principles
In addition to meeting all criteria of 15.40.470 above, all signs shall be found consistent with the following
design principles.
1. Architectural Compatibility. A sign's scale shall be appropriate for the building on which it is placed
and the area where it is located on the building. Signs shall integrate with the design of the building
and incorporate materials, colors, and shapes that complement the building's architectural style.
2. Scale, proportions to building and placement. Signs shall be in scale with the building and not cover
or obscure architectural details or ornamentation of a building's fagade. The outer perimeter of
signs shall not extend beyond the limits of the architectural feature of the building it is installed and
should include some separation to the edge of the feature.
3. Sign Quality and Installation methods. Signs shall be made of durable materials designed to
withstand the elements, such as wood or metal to convey a sense of quality and permanence.
Unless approved as a temporary sign, signs shall not be made of plastic, plywood, or pressed
board. Materials such as foam, poster board, or flat plastic which are usually associated with
temporary signage are prohibited.
4. Community Design Guidelines. Signs are an integral review component of the Community Design
Guidelines. The Community Design Guidelines has a specific Chapter addressing signs including
appropriate design, details, scale, location, consistency, types, illumination, and materials.
5. Historic Resources and Districts. Signs on historic buildings and/or in historic districts shall be
compatible with the architectural character of the structure and not detract from the character of
the resource or the district it is located in. Sign installations on historically designated buildings or
which are eligible for historic listing shall comply with recommendations of the Secretary of Interior
Standards for the Treatment of Historic Properties.
6. Residential zones, C -N zone, and Office zone. Signs shall not include internal illumination of any
type, or signs typically designed for internal illumination such as channel letters, marquees, or
cabinets. Bases, framing, and sign mounting and presentation methods shall use materials that are
compatible with the architecture of the building on the parcel which they are located.
15.40.485 Sign Programs.
Sign programs are required for new commercial, office, and/or mixed-use projects in order to establish
ongoing sign requirements and to ensure the signage is complementary and compatible with the
development and surrounding neighborhood or commercial district. Sign programs create a coordinated
Attachment 1
set of standards for signs on properties with multiple buildings or tenants and establish uniform sign design
elements such as size, color, materials, lighting, and placement on the property. Applications for new
commercial, office and/or mixed-use projects shall include schematic plans for signage sufficient to
demonstrate signs will be compatible with the project and surroundings. Conditions of approval may require
a subsequent final sign program submittal subject to the approval of the Community Development Director.
Modifications to sign programs may be referred to the ARC as determined by the Director with final decision
being made by the Director. Sign programs may supersede sections of these sign regulations (Sections
15.40.460 and 15.40.470. The purpose of sign programs is to provide for project specific designs and sign
accommodations that take into account compatible and appropriate signage which can be reviewed
concurrently with the review of building designs and site layout. Sign programs are not intended to primarily
provide for additional signage than would otherwise be allowed and may not provide for approval of
otherwise prohibited sign types. In order to approve a sign program, the Community Development Director
shall make findings that the sign program results in signage that is compatible with the development,
complementary to project architecture, and coordinated among tenant spaces for consistency and superior
design. Prior to submitting a sign permit application to the Building Division under a sign program, the
program must have been approved and all appeal periods must have expired.
Sign Permits: Application and Processing Procedures
15.40.500 Permit required.
No sign shall be constructed, maintained, displayed or altered without a sign permit obtained as provided
in this chapter, unless the sign is specifically exempted from permit requirements.
15.40.510 Sign permit application—Contents.
Any person desiring to construct, repair, alter or display a sign for which a permit is required shall submit
an application and associated fees, established by resolution of the City Council, to the Community
Development Department.
Such application shall include descriptive material sufficient to enable evaluation of the proposal's
conformance with the sign regulations including at least the following items:
A. A complete construction permit application and supplemental sign permit worksheet.
B. A site plan showing existing improvements and proposed sign locations.
C. A detailed plan of the proposed signage, including dimensions and method of illumination, if any.
D. Samples and descriptions of the proposed sign's colors and materials.
Attachment 1
E. Photographs of all existing signage and of the building faces or site areas where signage is proposed.
The Community Development Department staff will review all sign permit applications for completeness
and consistency with these regulations. Staff will notify the applicant within fifteen days if Architectural
Review or other entitlements are required.
15.40.520 Architectural review application.
When review is required by the Architectural Review Commission, a separate application for such review
together with fees, as established by resolution of the city council, shall be filed with the Community
Development Department.
15.40.530 Level of Review and Action by the Director.
Within 15 working days after receiving a complete application for a sign permit, which does not require
Architectural Review or the issuance of other permits, the Community Development Director shall forward
the sign permit application to the Chief Building Official for issuance. The Director may impose only such
conditions as will assure compliance with the provisions of this chapter.
Any sign not specified in this Chapter for review by the Architectural Review Commission, Community
Development Director, or Planning Commission, which does not, in the determination of the Community
Development Director, comply with these sign regulations, or with requirements of Section 15.40.470 or
Design Principles of 15.40.480, may be denied consistent with 15.40.550.
15.40.540 Permit issuance.
The Chief Building Official shall be responsible for issuance of sign permits, determination of compliance
with building code requirements, and inspection of installation. No sign permit shall be issued until other
required permits and approvals, including architectural review, have been issued and granted, and any
associated appeal periods have expired.
15.40.550 Denial.
Denial of a sign permit application shall be based on specific findings explaining how the proposed sign
fails to satisfy the evaluation criteria above or other provisions of these regulations.
15.40.560 Appeals.
A. Community Development Director Decisions.
1. Appeal Body. Any discretionary decision of the Community Development Director authorized by
these regulations may be appealed to the Planning Commission.
Attachment 1
2. Filing Time. Appeals must be filed in writing at the Community Development Department within 10
calendar days of the director's decision. If the tenth day is a Saturday, Sunday, or holiday, the appeal
period shall extend to the next use day.
3. Public Hearing. Once an appeal has been filed, it shall be considered at the earliest available
Planning Commission meeting, considering public notification requirements.
B. Planning Commission Decisions. Any decision of the Planning Commission may be appealed to the
City Council in accordance with the procedures set out in Chapter 1.20 of the municipal code.
Exceptions to Sign Standards
15.40.600 Requests for Exceptions.
Unusual site conditions or other design factors may warrant signs not otherwise permitted by these
regulations. A sign permit application which includes a request for exceptions to standards established by
these regulations is subject to approval by the Community Development Director review consistent with
Section 15.40.480 and may be subject to review by the ARC as determined by the Director. Exceptions
require a separate application and fees for ARC or Community Development Director review, which must
be approved before a sign permit will be issued.
15.40.610 Findings for Approval of an Exception.
Exceptions to the Sign Regulations must meet all of the following findings:
A. There are unusual circumstances applying to the property which make strict adherence to the regulations
impractical or infeasible, such as building configuration, historic architectural features, architectural style,
site layout, intervening obstructions, or other unusual circumstances. Exceptions shall not allow for
additional signage in number or size beyond what is necessary to compensate for the unusual
circumstances. Unusual circumstances may also include sign designs which are not expressly provided for
or exempted in this Chapter, but which represent superior or innovative design appropriate for the building
and location.
B. The exception is consistent with the intent and purpose of the sign regulations (see Section 15.40.110)
and the exception is not being granted in cases where alternative options of allowed signage in this Chapter
could provide an adequate alternative for sufficient visibility to the public with equal or superior design.
C. The sign exception is for superior design and complies with Design Principles of this Chapter, and will
not result in: visual clutter; excessively sized signage in comparison to the building or surroundings; signage
Attachment 1
that is inconsistent with the character of the surroundings; or approval of signs that are prohibited in this
Chapter.
Sign Maintenance and Abandonment
15.40.700 Maintaining Signs.
All signs must be maintained in the same condition as when the sign was installed. Normal wear and tear
of aged signs shall be repaired when they detract from the visible quality of the sign, as determined by the
Community Development Director. When signs are repaired, they must be done so in a manner (paint
colors shall match, etc.) that is consistent with the approved sign permit. When signs are removed, the wall
behind the sign shall be repaired and painted to match the rest of the building wall.
15.40.720 Unsafe Signs.
Any sign that, in the opinion of the Chief Building Official or the Public Works Director, is unsafe or insecure,
shall be deemed an unsafe sign and shall be corrected or removed, together with any supporting structure,
by the owner of the property on which the sign is located, within 72 hours of written notice by the Community
Development Department.
Nonconforming Signs
15.40.800 Existing Nonconforming Signs
Signs not compliant with this Chapter which previously lawfully existed as conforming signs or legal non-
conforming signs under Sign Regulations established by Ordinance 1455 and subsequent ordinances
amending this Chapter prior to 2018 shall be deemed legal non -conforming signs.
15.40.840 Removal of Non -Conforming Signs.
A. Removal of Nonconforming Signs. Nonconforming signs shall not be altered, enlarged, relocated, and/or
reconstructed, and shall be removed if:
1. The nonconforming sign is more than fifty (50) percent destroyed, and the destruction is other than
facial copy replacement. A nonconforming sign shall be deemed to be more than fifty (50) percent destroyed
if the estimated cost of reconstruction exceeds fifty (50) percent of the replacement value as determined by
the Chief Building Official;
2. The nonconforming sign is located on a building that is enlarged, remodeled, or expanded, if the
nonconforming sign is affected by the construction, enlargement, remodel, or expansion. An enlargement,
remodel, or expansion of the portion of the building upon which the nonconforming sign is located or that is
more than fifty (50) percent of the building area shall be deemed to affect the nonconforming sign;
Attachment 1
3. The nonconforming sign is temporary.
B Deactivation of Flashing Features. The owner of a sign that contains flashing features shall permanently
deactivate the flashing features.
C. Continuance of Nonconforming Signs. Except as provided in subsections (A) and (B) of this section, a
nonconforming sign may be continued and shall be maintained in good condition as required by these
regulations, provided that it shall not be:
1. Structurally changed to another nonconforming sign, although the content of the sign may be changed.
2. Structurally altered to prolong the life of the sign, except to meet safety requirements.
3. Expanded or altered in any manner that increases the degree of nonconformity.
D. Repairing and Repainting. Nonconforming signs shall only be painted and repaired in place and shall
not be removed from their existing location, except as part of a building remodel, unless removal of the sign
for painting or repair is part of the sign's customary maintenance and repair.
Enforcement
15.40.900 Type of Offense.
Any person who violates any provision of this ordinance shall be guilty of an infraction. Violations shall be
punishable as set forth in Chapter 1.12 of the San Luis Obispo Municipal Code. Nothing in this chapter shall
be deemed or constituted to prevent the city from commencing any civil proceeding otherwise authorized
by law for the declaration or abatement of a public nuisance.
15.40.910 Public Nuisance.
If the owner of any premises fails or neglects to comply with the provisions of this chapter, it shall constitute
a public nuisance, pursuant to Chapter 8.24 of the San Luis Obispo Municipal Code. Any aggrieved party
may, in addition to any other right or remedy they may possess either at law or in equity, pursue a private
cause of action to abate a public nuisance, as specified in Chapter 8.24 of the San Luis Obispo Municipal
Code.
Definitions
15.40.1000 Definitions.
As used in this chapter, the following terms and phrases shall have the indicated meanings:
Attachment 1
"A -frame Sign (aka sandwich board sign)." A temporary, portable, and freestanding sign composed of
two panels hinged at the top and capable of standing on its own without external support or attachment.
"Architectural Review." Refers to the architectural review process authorized by Municipal Code
Section 2.48.090.
"ARC" or "Architectural Review Commission." The Commission with the jurisdiction to perform
architectural review, per Chapter 2.48 of the Municipal Code. When these sign regulations refer specifically
to the ARC or Architectural Review Commission, review by the Commission is required.
"Attention -getting Sign." Any sign with moving parts, flashing lights, and/or neon colors, or signs
incorporating pennants, streamers, large helium balloons or any similar visual device used for the purpose
of drawing attention.
"Back -lit" (Halo letters)." The letters or graphics have an opaque face with where only the back of the
sign is illuminated. These signs are also often referred to as "reverse channel letters".
"Banner Sign." 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.
"Blade Sign." A double -sided sign oriented perpendicular to the building wall on which it is mounted. (See
Projecting Sign.)
"Building Face." The building face means the whole of a building visible in an elevation view, excluding
sloped roof surfaces.
"Building Frontage." The linear measurement of exterior walls enclosing interior spaces which are
oriented to and most nearly parallel to public streets, public alleys, parking lots, malls or freeways.
"Cabinet Sign." An internally illuminated sign consisting of frame and face(s), with a translucent message
panel in an enclosed case; also referred to as a panel sign. Cabinet signs are typically internally illuminated
with a plastic or plexi -glass face.
"Changeable Copy Sign." A sign displaying a message that is changed by means of moveable letters,
slats, lights, light emitting diodes, or moveable background material.
Attachment 1
"Channel Letters." Three-dimensional individual letters or figures typically made of formed metal, usually
with an acrylic face, with an open back or front, illuminated or non -illuminated, that are affixed to a building
or to a freestanding sign structure by sliding the letters into channels.
"Channel Letter Sign." A sign with multiple components, each built in the shape of an individual
dimensional letter or symbol, each of which may be independently illuminated, with a separate translucent
panel over the letter source for each element.
"Commercial Speech or Commercial Message". A message on a sign which identifies, advertises, or
directs attention to a business or is intended to induce a purchase of a good, property, or service, including,
without limitation, any sign naming a brand of good or service.
"Commercial Zone." Commercial zone refers to all nonresidential zones, regardless of how the property
is actually used
"Digital Display." A display method utilizing light emitting diode (LED), liquid crystal display (LCD), plasma
display, projected images, or any functionally equivalent technology, and which is capable of automated,
remote or computer control to change the image, either in a "slide show" manner (series of still images), or
full motion animation, or any combination of them.
"Directory Sign." A freestanding or wall sign that identifies all businesses and other establishments
located within a commercial or industrial complex or an institutional establishment.
"Electronic Message Center or Electronic Message Display." A sign that uses digital display to present
variable messages displayed by projecting an electronically controlled pattern and which can be
programmed to periodically change the message display
"Feather Banner." A type of vertical banner made of flexible materials, (e.g., cloth, paper, or plastic), the
longer dimension of which is typically attached to a pole or rod that is driven into the ground or supported
by an individual stand. Also called a "swooper" or "teardrop" banner. Also known as quill signs or quill
banners.
"Flag." A piece of fabric or other flexible material, usually rectangular, of distinctive design, used as a
symbol, which is capable of movement, or fluttering in moving air or wind.
"Freestanding Sign." A sign supported by structures or supports that are placed on, or anchored in, the
ground and which are structurally independent from any building including "monument signs", "pole signs",
and "pylon signs." (Also called Ground Signs).
Attachment 1
"Frontage." Frontage is the horizontal distance along a lot line adjacent to a public street, or the side of a
lot adjacent to a public street. (See Building Frontage).
"Halo -lit" (see Back -lit definition)
"Height." The height of a sign is the vertical distance from average grade (ground level) immediately below
the sign to the top of the sign—including the support structure and any projecting design elements.
"Illegal Sign." Any sign which does not meet the requirements of this Chapter and which has not received
legal, nonconforming status.
"Illuminated Sign." A sign that is illuminated with an artificial source of light incorporated internally or
externally. Also called a Lighted Sign.
"Major Street Frontage." A major street frontage is any arterial road shown in the City's Circulation
Element.
"Mobile Billboard Advertising Display." An advertising display that is attached to a mobile, non -
motorized vehicle, device, or bicycle, that carries, pulls, or transports a sign or billboard, and is for the
primary purpose of advertising, as defined by California Vehicle Code section 395.5. See prohibited signs.
"Monument Sign." A low -profile freestanding sign erected upon or supported solely by a planter, pedestal
base, or similar ground structure approximately the same width as the sign and which is designed to
incorporate the architectural theme and building material of the building on the premises. Internal supports,
poles or pylons, if any, are enclosed by decorative covers or otherwise not exposed to view.
"Mural." A one -of -kind, hand painted, hand -tiled, or digitally -printed image on the exterior of a building that
does not contain any commercial message advertising a business, services rendered, or goods produced
or sold. Murals are not regulated under this Chapter but may be subject to the City's Public Art Program.
"Nonconforming Sign." A nonconforming sign is a sign which was erected illegally, but which does not
now comply with these subsequently enacted Sign Regulations.
"Nonresidential Zone." A non-residential zone is any zone other than the R-1, R-2, R-3, or R-4 zone,
regardless of how the property is actually used.
"Off -Premises Sign." A sign that advertises commercial products, accommodations, services or activities
not provided in or on the property or premises upon which it is located.
Attachment 1
"Outdoor Advertising Display." An outdoor advertising display is a sign, such as a billboard, that
advertises a product or display.
"Pennant." An attention -seeking device made of flexible materials, (e.g., cloth, paper, or plastic) that is
typically triangular or swallow -tail in shape and may or may not contain copy.
"Permanent Sign". A sign that is solidly attached to a building, structure, or the ground by means of
mounting brackets, bolts, welds, or other combination of attachment methods, thereby rendering the sign
non -moveable or difficult to reposition without the use of machinery, cutting devices, or mechanical devices.
Contrast: temporary sign.
"Pole Sign." A freestanding sign that is supported by one or more exposed poles that are permanently
attached directly into or upon the ground.
"Post Sign." A low -profile free-standing sign supported by posts that has a single sign face and is generally
oriented parallel to the public right-of-way.
"Premises." Premises means a lot or series of lots under common ownership and/or developed together
as a single development site, regardless of how many uses occupy the site.
"Projecting Sign." A building wall sign, the surface of which is not parallel to the face of the supporting
wall and which is supported wholly by the wall. See Blade Sign.
Public Entrance. One or more places of entry to a premises that are accessible to the general public.
"Pylon Sign." A freestanding sign that is supported and in direct contact with the ground or one or more
solid, monumental structures or pylons and which typically has a sign face with a vertical dimension that is
greater than its horizontal dimension.
"Reverse Channel Letters." (see Back -lit definition)
Roof Sign." A roof sign is any sign where any part of the sign is on or over any portion of any roof, eave,
or parapet of a building or structure.
"Sandwich board Sign." (see A -Frame sign definition).
"Shopping (or Multi -tenant) Center Identification Sign." A freestanding sign that identifies the name of
the shopping center and lists its tenants.
Attachment 1
"Sign." A structure, device, figure, display, message placard or other contrivance, or any part thereof,
situated outdoors or indoors, which is designed, constructed, intended or used to advertise, provide
information in the nature of advertising„ ideological, political, or social information, or direct or attract
attention to an object, person, institution, business, product, service, message, event, or location by any
means, including words, letters, figures, designs, symbols, fixtures, colors, or illumination.
"Sign Area" or "area of sign." The area of a sign is the number of square feet within which an individual
sign face can be enclosed, as defined by Section 15.40.400.
"Sign Face." The sign face is the visible portion of the sign, including all characters, symbols, and structural
or nonstructural background (e.g., cabinet frame or painted border), but not including the base of a pole
sign, monument sign, or free-standing sign.
"Storefront." is a distinct architectural feature that is immediately accessible from a public sidewalk and
consisting of window displays and entry doors to one or more uses.
"Street right-of-way." Any road or other public place, including but not limited to a highway, alley, street,
avenue, place, sidewalk, parkway (i.e., planted or landscaped area between a curb and the edge of a
sidewalk), path, walk, park, plaza, boulevard, right-of-way or any other public place in the City whether or
not currently improved.
"Temporary Sign." A temporary sign is a sign that is temporary in nature and that is displayed for no more
than 120 days within any 365 -day period.
"Tenant's Building Face." The tenant building face is that portion of the building face enclosing the area
of the building occupied by the tenant. In multi -tenant buildings with interior tenant spaces, each tenant's
building face shall be the proportionate share of the building face enclosing the area occupied by all tenants.
"V Sign." A V sign is a sign consisting of two, essentially equal, sign faces positioned at an angle less than
180 degrees rather than parallel to each other.
"Window Display." A window sign is a sign, window display, merchandise display, graphics and text, or
lifestyle graphics that are painted on, hung, or attached to a window, or displayed visibly in any way so as
to be viewed or legible from outside the window or structure.
Attachment 2
(Slip Opinion) OCTOBER TERM, 2014
Syllabus
NOTE: Where it is feasible, a syllabus (headnote) will be released, as is
being done in connection with this case, at the time the opinion is issued.
The syllabus constitutes no part of the opinion of the Court but has been
prepared by the Reporter of Decisions for the convenience of the reader.
See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337.
SUPREME COURT OF THE UNITED STATES
Syllabus
REED ET AL. v. TOWN OF GILBERT, ARIZONA, ET AL.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR
THE NINTH CIRCUIT
No. 13-502. Argued January 12, 2015—Decided June 18, 2015
Gilbert, Arizona (Town), has a comprehensive code (Sign Code or Code)
that prohibits the display of outdoor signs without a permit, but ex-
empts 23 categories of signs, including three relevant here. "Ideolog-
ical Signs," defined as signs "communicating a message or ideas" that
do not fit in any other Sign Code category, may be up to 20 square
feet and have no placement or time restrictions. "Political Signs," de-
fined as signs "designed to influence the outcome of an election," may
be up to 32 square feet and may only be displayed during an election
season. "Temporary Directional Signs," defined as signs directing the
public to a church or other "qualifying event," have even greater re-
strictions: No more than four of the signs, limited to six square feet,
may be on a single property at any time, and signs may be displayed
no more than 12 hours before the "qualifying event" and 1 hour after.
Petitioners, Good News Community Church (Church) and its pas-
tor, Clyde Reed, whose Sunday church services are held at various
temporary locations in and near the Town, posted signs early each
Saturday bearing the Church name and the time and location of the
next service and did not remove the signs until around midday Sun-
day. The Church was cited for exceeding the time limits for display-
ing temporary directional signs and for failing to include an event
date on the signs. Unable to reach an accommodation with the Town,
petitioners filed suit, claiming that the Code abridged their freedom
of speech. The District Court denied their motion for a preliminary
injunction, and the Ninth Circuit affirmed, ultimately concluding
that the Code's sign categories were content neutral, and that the
Code satisfied the intermediate scrutiny accorded to content -neutral
regulations of speech.
Held: The Sign Code's provisions are content -based regulations of
REED v. TOWN OF GILBERT
Syllabus
speech that do not survive strict scrutiny. Pp. 6-17.
(a) Because content -based laws target speech based on its commu-
nicative content, they are presumptively unconstitutional and may be
justified only if the government proves that they are narrowly tai-
lored to serve compelling state interests. E.g., R. A. V. v. St. Paul,
505 U. S. 377, 395. Speech regulation is content based if a law ap-
plies to particular speech because of the topic discussed or the idea or
message expressed. E.g., Sorrell v. IMS Health, Inc., 564 U. S. ,
And courts are required to consider whether a regulation of
speech "on its face" draws distinctions based on the message a speak-
er conveys. Id., at _. Whether laws define regulated speech by par-
ticular subject matter or by its function or purpose, they are subject
to strict scrutiny. The same is true for laws that, though facially con-
tent neutral, cannot be "'justified without reference to the content of
the regulated speech,"' or were adopted by the government "because
of disagreement with the message" conveyed. Ward v. Rock Against
Racism, 491 U. S. 781, 791. Pp. 6-7.
(b) The Sign Code is content based on its face. It defines the cate-
gories of temporary, political, and ideological signs on the basis of
their messages and then subjects each category to different re-
strictions. The restrictions applied thus depend entirely on the sign's
communicative content. Because the Code, on its face, is a content -
based regulation of speech, there is no need to consider the govern-
ment's justifications or purposes for enacting the Code to determine
whether it is subject to strict scrutiny. Pp. 7.
(c) None of the Ninth Circuit's theories for its contrary holding is
persuasive. Its conclusion that the Town's regulation was not based
on a disagreement with the message conveyed skips the crucial first
step in the content -neutrality analysis: determining whether the law
is content neutral on its face. A law that is content based on its face
is subject to strict scrutiny regardless of the government's benign mo-
tive, content -neutral justification, or lack of "animus toward the ideas
contained" in the regulated speech. Cincinnati v. Discovery Network,
Inc., 507 U. S. 410, 429. Thus, an innocuous justification cannot
transform a facially content -based law into one that is content neu-
tral. A court must evaluate each question—whether a law is content
based on its face and whether the purpose and justification for the
law are content based—before concluding that a law is content neu-
tral. Ward does not require otherwise, for its framework applies only
to a content -neutral statute.
The Ninth Circuit's conclusion that the Sign Code does not single
out any idea or viewpoint for discrimination conflates two distinct but
related limitations that the First Amendment places on government
regulation of speech. Government discrimination among viewpoints
Cite as: 576 U. S. (2015)
Syllabus
is a "more blatant" and "egregious form of content discrimination,"
Rosenberger v. Rector and Visitors of Univ. of Va., 515 U. S. 8192 829,
but "[t]he First Amendment's hostility to content -based regulation
[also] extends ... to prohibition of public discussion of an entire top-
ic," Consolidated Edison Co. of N. Y. v. Public Serv. Comm'n of N. Y.,
447 U. S. 530, 537. The Sign Code, a paradigmatic example of con-
tent -based discrimination, singles out specific subject matter for dif-
ferential treatment, even if it does not target viewpoints within that
subject matter.
The Ninth Circuit also erred in concluding that the Sign Code was
not content based because it made only speaker -based and event -
based distinctions. The Code's categories are not speaker-based—the
restrictions for political, ideological, and temporary event signs apply
equally no matter who sponsors them. And even if the sign catego-
ries were speaker based, that would not automatically render the law
content neutral. Rather, "laws favoring some speakers over others
demand strict scrutiny when the legislature's speaker preference re-
flects a content preference." Turner Broadcasting System, Inc. v.
FCC, 512 U. S. 622, 658. This same analysis applies to event -based
distinctions. Pp. 8-14.
(d) The Sign Code's content -based restrictions do not survive strict
scrutiny because the Town has not demonstrated that the Code's dif-
ferentiation between temporary directional signs and other types of
signs furthers a compelling governmental interest and is narrowly
tailored to that end. See Arizona Free Enterprise Club's Freedom
Club PAC v. Bennett, 564 U. S. _, _. Assuming that the Town
has a compelling interest in preserving its aesthetic appeal and traf-
fic safety, the Code's distinctions are highly underinclusive. The
Town cannot claim that placing strict limits on temporary directional
signs is necessary to beautify the Town when other types of signs
create the same problem. See Discovery Network, supra, at 425. Nor
has it shown that temporary directional signs pose a greater threat to
public safety than ideological or political signs. Pp. 14-15.
(e) This decision will not prevent governments from enacting effec-
tive sign laws. The Town has ample content -neutral options availa-
ble to resolve problems with safety and aesthetics, including regulat-
ing size, building materials, lighting, moving parts, and portability.
And the Town may be able to forbid postings on public property, so
long as it does so in an evenhanded, content -neutral manner. See
Members of City Council of Los Angeles v. Taxpayers for Vincent, 466
U. S. 789, 817. An ordinance narrowly tailored to the challenges of
protecting the safety of pedestrians, drivers, and passengers—e.g.,
warning signs marking hazards on private property or signs directing
traffic—might also survive strict scrutiny. Pp. 16-17.
REED v. TOWN OF GILBERT
Syllabus
707 F. 3d 1057, reversed and remanded.
THOMAS, J., delivered the opinion of the Court, in which ROBERTS,
C. J., and SCALIA, KENNEDY, ALITO, and SOTOMAYOR, JJ., joined. ALITO,
J., filed a concurring opinion, in which KENNEDY and SOTOMAYOR, JJ.,
joined. BREYER, J., filed an opinion concurring in the judgment. KA -
GAN, J., filed an opinion concurring in the judgment, in which GINSBURG
and BREYER, JJ., joined
Cite as: 576 U. S. (2015)
Opinion of the Court
NOTICE: This opinion is subject to formal revision before publication in the
preliminary print of the United States Reports. Readers are requested to
notify the Reporter of Decisions, Supreme Court of the United States, Wash-
ington, D. C. 20543, of any typographical or other formal errors, in order
that corrections may be made before the preliminary print goes to press.
SUPREME COURT OF THE UNITED STATES
No. 13-502
CLYDE REED, ET AL., PETITIONERS v. TOWN OF
GILBERT, ARIZONA, ET AL.
ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF
APPEALS FOR THE NINTH CIRCUIT
[June 18, 2015]
JUSTICE THOMAS delivered the opinion of the Court.
The town of Gilbert, Arizona (or Town), has adopted a
comprehensive code governing the manner in which people
may display outdoor signs. Gilbert, Ariz., Land Develop-
ment Code (Sign Code or Code), ch. 1, §4.402 (2005).1 The
Sign Code identifies various categories of signs based on
the type of information they convey, then subjects each
category to different restrictions. One of the categories is
"Temporary Directional Signs Relating to a Qualifying
Event," loosely defined as signs directing the public to a
meeting of a nonprofit group. §4.402(P). The Code imposes
more stringent restrictions on these signs than it does
on signs conveying other messages. We hold that these
provisions are content -based regulations of speech that
cannot survive strict scrutiny.
'The Town's Sign Code is available online at http://www.gilbertaz.gov/
departments / development - service/ planning - development/ land -
development -code (as visited June 16, 2015, and available in Clerk of
Court's case file).
2 REED v. TOWN OF GILBERT
Opinion of the Court
I
A
The Sign Code prohibits the display of outdoor signs
anywhere within the Town without a permit, but it then
exempts 23 categories of signs from that requirement.
These exemptions include everything from bazaar signs to
flying banners. Three categories of exempt signs are
particularly relevant here.
The first is "Ideological Sign[s]." This category includes
any "sign communicating a message or ideas for noncom-
mercial purposes that is not a Construction Sign, Direc-
tional Sign, Temporary Directional Sign Relating to a
Qualifying Event, Political Sign, Garage Sale Sign, or a
sign owned or required by a governmental agency." Sign
Code, Glossary of General Terms (Glossary), p. 23 (em-
phasis deleted). Of the three categories discussed here,
the Code treats ideological signs most favorably, allowing
them to be up to 20 square feet in area and to be placed in
all "zoning districts" without time limits. §4.402(J).
The second category is "Political Sign[s]." This includes
any "temporary sign designed to influence the outcome of
an election called by a public body." Glossary 23.2 The
Code treats these signs less favorably than ideological
signs. The Code allows the placement of political signs up
to 16 square feet on residential property and up to 32
square feet on nonresidential property, undeveloped mu-
nicipal property, and "rights-of-way." §4.402(I).3 These
signs may be displayed up to 60 days before a primary
election and up to 15 days following a general election.
Ibid.
2A "Temporary Sign" is a "sign not permanently attached to the
ground, a wall or a building, and not designed or intended for perma-
nent display." Glossary 25.
3The Code defines "Right -of -Way" as a "strip of publicly owned land
occupied by or planned for a street, utilities, landscaping, sidewalks,
trails, and similar facilities." Id., at 18.
Cite as: 576 U. S. (2015)
Opinion of the Court
The third category is "Temporary Directional Signs
Relating to a Qualifying Event." This includes any "Tem-
porary Sign intended to direct pedestrians, motorists, and
other passersby to a `qualifying event."' Glossary 25
(emphasis deleted). A "qualifying event" is defined as any
"assembly, gathering, activity, or meeting sponsored,
arranged, or promoted by a religious, charitable, commu-
nity service, educational, or other similar non-profit organ-
ization." Ibid. The Code treats temporary directional
signs even less favorably than political signs.4 Temporary
directional signs may be no larger than six square feet.
§4.402(P). They may be placed on private property or on a
public right-of-way, but no more than four signs may be
placed on a single property at any time. Ibid. And, they
may be displayed no more than 12 hours before the "quali-
fying event" and no more than 1 hour afterward. Ibid.
B
Petitioners Good News Community Church (Church)
and its pastor, Clyde Reed, wish to advertise the time and
location of their Sunday church services. The Church is a
small, cash-strapped entity that owns no building, so it
holds its services at elementary schools or other locations
in or near the Town. In order to inform the public about
its services, which are held in a variety of different loca-
4 The Sign Code has been amended twice during the pendency of this
case. When litigation began in 2007, the Code defined the signs at
issue as "Religious Assembly Temporary Direction Signs." App. 75.
The Code entirely prohibited placement of those signs in the public
right-of-way, and it forbade posting them in any location for more than
two hours before the religious assembly or more than one hour after-
ward. Id., at 75-76. In 2008, the Town redefined the category as
"Temporary Directional Signs Related to a Qualifying Event," and it
expanded the time limit to 12 hours before and 1 hour after the "quali-
fying event." Ibid. In 2011, the Town amended the Code to authorize
placement of temporary directional signs in the public right-of-way.
Id., at 89.
4 REED v. TOWN OF GILBERT
Opinion of the Court
tions, the Church began placing 15 to 20 temporary signs
around the Town, frequently in the public right-of-way
abutting the street. The signs typically displayed the
Church's name, along with the time and location of the
upcoming service. Church members would post the signs
early in the day on Saturday and then remove them
around midday on Sunday. The display of these signs
requires little money and manpower, and thus has proved
to be an economical and effective way for the Church to let
the community know where its services are being held
each week.
This practice caught the attention of the Town's Sign
Code compliance manager, who twice cited the Church for
violating the Code. The first citation noted that the
Church exceeded the time limits for displaying its tempo-
rary directional signs. The second citation referred to the
same problem, along with the Church's failure to include
the date of the event on the signs. Town officials even
confiscated one of the Church's signs, which Reed had to
retrieve from the municipal offices.
Reed contacted the Sign Code Compliance Department
in an attempt to reach an accommodation. His efforts
proved unsuccessful. The Town's Code compliance man-
ager informed the Church that there would be "no leni-
ency under the Code" and promised to punish any future
violations.
Shortly thereafter, petitioners filed a complaint in the
United States District Court for the District of Arizona,
arguing that the Sign Code abridged their freedom of
speech in violation of the First and Fourteenth Amend-
ments. The District Court denied the petitioners' motion
for a preliminary injunction. The Court of Appeals for the
Ninth Circuit affirmed, holding that the Sign Code's provi-
sion regulating temporary directional signs did not regu-
late speech on the basis of content. 587 F. 3d 966, 979
(2009). It reasoned that, even though an enforcement
Cite as: 576 U. S. (2015) 5
Opinion of the Court
officer would have to read the sign to determine what
provisions of the Sign Code applied to it, the "`kind of
cursory examination"' that would be necessary for an
officer to classify it as a temporary directional sign was
"not akin to an officer synthesizing the expressive content
of the sign." Id., at 978. It then remanded for the District
Court to determine in the first instance whether the Sign
Code's distinctions among temporary directional signs,
political signs, and ideological signs nevertheless consti-
tuted a content -based regulation of speech.
On remand, the District Court granted summary judg-
ment in favor of the Town. The Court of Appeals again
affirmed, holding that the Code's sign categories were
content neutral. The court concluded that "the distinc-
tions between Temporary Directional Signs, Ideological
Signs, and Political Signs ... are based on objective fac-
tors relevant to Gilbert's creation of the specific exemption
from the permit requirement and do not otherwise consider
the substance of the sign." 707 F. 3d 1057, 1069 (CA9
2013). Relying on this Court's decision in Hill v. Colorado,
530 U. S. 703 (2000), the Court of Appeals concluded that
the Sign Code is content neutral. 707 F. 3d, at 1071-1072.
As the court explained, "Gilbert did not adopt its regula-
tion of speech because it disagreed with the message
conveyed" and its "interests in regulat[ing] temporary
signs are unrelated to the content of the sign." Ibid. Accord-
ingly, the court believed that the Code was "content -
neutral as that term [has been] defined by the Supreme
Court." Id., at 1071. In light of that determination, it
applied a lower level of scrutiny to the Sign Code and
concluded that the law did not violate the First Amend-
ment. Id., at 1073-1076.
We granted certiorari, 573 U. S. _ (2014), and now
reverse.
6 REED v. TOWN OF GILBERT
Opinion of the Court
II
A
The First Amendment, applicable to the States through
the Fourteenth Amendment, prohibits the enactment of
laws "abridging the freedom of speech." U. S. Const.,
Amdt. 1. Under that Clause, a government, including a
municipal government vested with state authority, "has no
power to restrict expression because of its message, its
ideas, its subject matter, or its content." Police Dept. of
Chicago v. Mosley, 408 U. S. 92, 95 (1972). Content -based
laws—those that target speech based on its communica-
tive content—are presumptively unconstitutional and may
be justified only if the government proves that they are
narrowly tailored to serve compelling state interests.
R. A. V. v. St. Paul, 505 U. S. 377, 395 (1992); Simon &
Schuster, Inc. v. Members of N. Y. State Crime Victims
Bd., 502 U. S. 105, 115, 118 (1991).
Government regulation of speech is content based if a
law applies to particular speech because of the topic dis-
cussed or the idea or message expressed. E.g., Sorrell v.
IMS Health, Inc., 564 U. S. _, _ _ (2011) (slip op., at
8-9); Carey v. Brown, 447 U. S. 455, 462 (1980); Mosley,
supra, at 95. This commonsense meaning of the phrase
"content based" requires a court to consider whether a
regulation of speech "on its face" draws distinctions based
on the message a speaker conveys. Sorrell, supra, at
(slip op., at 8). Some facial distinctions based on a mes-
sage are obvious, defining regulated speech by particular
subject matter, and others are more subtle, defining regu-
lated speech by its function or purpose. Both are distinc-
tions drawn based on the message a speaker conveys, and,
therefore, are subject to strict scrutiny.
Our precedents have also recognized a separate and
additional category of laws that, though facially content
neutral, will be considered content -based regulations of
speech: laws that cannot be "`justified without reference to
Cite as: 576 U. S. (2015) 7
Opinion of the Court
the content of the regulated speech,"' or that were adopted
by the government "because of disagreement with the
message [the speech] conveys," Ward v. Rock Against
Racism, 491 U. S. 781, 791 (1989). Those laws, like those
that are content based on their face, must also satisfy
strict scrutiny.
B
The Town's Sign Code is content based on its face. It
defines "Temporary Directional Signs" on the basis of
whether a sign conveys the message of directing the public
to church or some other "qualifying event." Glossary 25.
It defines "Political Signs" on the basis of whether a sign's
message is "designed to influence the outcome of an elec-
tion." Id., at 24. And it defines "Ideological Signs" on the
basis of whether a sign "communicat[es] a message or
ideas" that do not fit within the Code's other categories.
Id., at 23. It then subjects each of these categories to
different restrictions.
The restrictions in the Sign Code that apply to any
given sign thus depend entirely on the communicative
content of the sign. If a sign informs its reader of the time
and place a book club will discuss John Locke's Two Trea-
tises of Government, that sign will be treated differently
from a sign expressing the view that one should vote for
one of Locke's followers in an upcoming election, and both
signs will be treated differently from a sign expressing an
ideological view rooted in Locke's theory of government.
More to the point, the Church's signs inviting people to
attend its worship services are treated differently from
signs conveying other types of ideas. On its face, the Sign
Code is a content -based regulation of speech. We thus
have no need to consider the government's justifications or
purposes for enacting the Code to determine whether it is
subject to strict scrutiny.
8 REED v. TOWN OF GILBERT
Opinion of the Court
C
In reaching the contrary conclusion, the Court of Ap-
peals offered several theories to explain why the Town's
Sign Code should be deemed content neutral. None is
persuasive.
1
The Court of Appeals first determined that the Sign
Code was content neutral because the Town "did not adopt
its regulation of speech [based on] disagree[ment] with the
message conveyed," and its justifications for regulating
temporary directional signs were "unrelated to the content
of the sign." 707 F. 3d, at 1071-1072. In its brief to this
Court, the United States similarly contends that a sign
regulation is content neutral—even if it expressly draws
distinctions based on the sign's communicative content—if
those distinctions can be "`justified without reference to
the content of the regulated speech."' Brief for United
States as Amicus Curiae 20, 24 (quoting Ward, supra, at
791; emphasis deleted).
But this analysis skips the crucial first step in the
content -neutrality analysis: determining whether the law
is content neutral on its face. A law that is content based
on its face is subject to strict scrutiny regardless of the
government's benign motive, content -neutral justification,
or lack of "animus toward the ideas contained" in the
regulated speech. Cincinnati v. Discovery Network, Inc.,
507 U. S. 410, 429 (1993). We have thus made clear that
"'[i]llicit legislative intent is not the sine qua non of a
violation of the First Amendment,"' and a party opposing
the government "need adduce `no evidence of an improper
censorial motive."' Simon & Schuster, supra, at 117.
Although "a content -based purpose may be sufficient in
certain circumstances to show that a regulation is content
based, it is not necessary." Turner Broadcasting System,
Inc. v. FCC, 512 U. S. 622, 642 (1994). In other words, an
Cite as: 576 U. S. (2015) 9
Opinion of the Court
innocuous justification cannot transform a facially content -
based law into one that is content neutral.
That is why we have repeatedly considered whether a
law is content neutral on its face before turning to the
law's justification or purpose. See, e.g., Sorrell, supra, at
(slip op., at 8-9) (statute was content based "on its
face," and there was also evidence of an impermissible
legislative motive); United States v. Eichman, 496 U. S.
310, 315 (1990) ("Although the [statute] contains no ex-
plicit content -based limitation on the scope of prohibited
conduct, it is nevertheless clear that the Government's
asserted interest is related to the suppression of free ex-
pression" (internal quotation marks omitted)); Members of
City Council of Los Angeles v. Taxpayers for Vincent, 466
U. S. 789, 804 (1984) ("The text of the ordinance is neu-
tral," and "there is not even a hint of bias or censorship in
the City's enactment or enforcement of this ordinance");
Clark v. Community for Creative Non -Violence, 468 U. S.
288, 293 (1984) (requiring that a facially content -neutral
ban on camping must be "justified without reference to the
content of the regulated speech"); United States v. O'Brien,
391 U. S. 367, 375, 377 (1968) (noting that the statute "on
its face deals with conduct having no connection with
speech," but examining whether the "the governmental
interest is unrelated to the suppression of free expres-
sion"). Because strict scrutiny applies either when a law
is content based on its face or when the purpose and justi-
fication for the law are content based, a court must evalu-
ate each question before it concludes that the law is con-
tent neutral and thus subject to a lower level of scrutiny.
The Court of Appeals and the United States misunder-
stand our decision in Ward as suggesting that a govern-
ment's purpose is relevant even when a law is content
based on its face. That is incorrect. Ward had nothing to
say about facially content -based restrictions because it
involved a facially content -neutral ban on the use, in a
10 REED v. TOWN OF GILBERT
Opinion of the Court
city -owned music venue, of sound amplification systems
not provided by the city. 491 U. S., at 787, and n. 2. In
that context, we looked to governmental motive, including
whether the government had regulated speech "because of
disagreement" with its message, and whether the regula-
tion was "`justified without reference to the content of the
speech."' Id., at 791. But Ward's framework "applies only
if a statute is content neutral." Hill, 530 U. S., at 766
(KENNEDY, J., dissenting). Its rules thus operate "to pro-
tect speech," not "to restrict it." Id., at 765.
The First Amendment requires no less. Innocent mo-
tives do not eliminate the danger of censorship presented
by a facially content -based statute, as future government
officials may one day wield such statutes to suppress
disfavored speech. That is why the First Amendment
expressly targets the operation of the laws—i.e., the
"abridg[ement] of speech"—rather than merely the mo-
tives of those who enacted them. U. S. Const., Amdt. 1.
"`The vice of content -based legislation ... is not that it is
always used for invidious, thought -control purposes, but
that it lends itself to use for those purposes."' Hill, supra,
at 743 (SCALIA, J., dissenting).
For instance, in NAACP v. Button, 371 U. S. 415 (1963),
the Court encountered a State's attempt to use a statute
prohibiting "`improper solicitation"' by attorneys to outlaw
litigation -related speech of the National Association for
the Advancement of Colored People. Id., at 438. Although
Button predated our more recent formulations of strict
scrutiny, the Court rightly rejected the State's claim that
its interest in the "regulation of professional conduct"
rendered the statute consistent with the First Amend-
ment, observing that "it is no answer ... to say ... that
the purpose of these regulations was merely to insure high
professional standards and not to curtail free expression."
Id., at 438-439. Likewise, one could easily imagine a Sign
Code compliance manager who disliked the Church's
Cite as: 576 U. S. (2015) 11
Opinion of the Court
substantive teachings deploying the Sign Code to make it
more difficult for the Church to inform the public of the
location of its services. Accordingly, we have repeatedly
"rejected the argument that `discriminatory ... treatment
is suspect under the First Amendment only when the
legislature intends to suppress certain ideas."' Discovery
Network, 507 U. S., at 429. We do so again today.
2
The Court of Appeals next reasoned that the Sign Code
was content neutral because it "does not mention any idea
or viewpoint, let alone single one out for differential
treatment." 587 F. 3d, at 977. It reasoned that, for the
purpose of the Code provisions, "[i]t makes no difference
which candidate is supported, who sponsors the event, or
what ideological perspective is asserted." 707 F. 3d, at
1069.
The Town seizes on this reasoning, insisting that "con-
tent based" is a term of art that "should be applied flexi-
bly" with the goal of protecting "viewpoints and ideas from
government censorship or favoritism." Brief for Respond-
ents 22. In the Town's view, a sign regulation that "does
not censor or favor particular viewpoints or ideas" cannot
be content based. Ibid. The Sign Code allegedly passes
this test because its treatment of temporary directional
signs does not raise any concerns that the government is
"endorsing or suppressing `ideas or viewpoints,"' id., at 27,
and the provisions for political signs and ideological signs
"are neutral as to particular ideas or viewpoints" within
those categories. Id., at 37.
This analysis conflates two distinct but related limita-
tions that the First Amendment places on government
regulation of speech. Government discrimination among
viewpoints—or the regulation of speech based on "the
specific motivating ideology or the opinion or perspective
of the speaker"—is a "more blatant" and "egregious form of
12 REED v. TOWN OF GILBERT
Opinion of the Court
content discrimination." Rosenberger v. Rector and Visi-
tors of Univ. of Va., 515 U. S. 819, 829 (1995). But it is
well established that "[t]he First Amendment's hostility to
content -based regulation extends not only to restrictions
on particular viewpoints, but also to prohibition of public
discussion of an entire topic." Consolidated Edison Co. of
N. Y. v. Public Serv. Comm'n of N. Y., 447 U. S. 530, 537
(1980).
Thus, a speech regulation targeted at specific subject
matter is content based even if it does not discriminate
among viewpoints within that subject matter. Ibid. For
example, a law banning the use of sound trucks for politi-
cal speech—and only political speech—would be a content -
based regulation, even if it imposed no limits on the politi-
cal viewpoints that could be expressed. See Discovery
Network, supra, at 428. The Town's Sign Code likewise
singles out specific subject matter for differential treat-
ment, even if it does not target viewpoints within that
subject matter. Ideological messages are given more
favorable treatment than messages concerning a political
candidate, which are themselves given more favorable
treatment than messages announcing an assembly of like-
minded individuals. That is a paradigmatic example of
content -based discrimination.
3
Finally, the Court of Appeals characterized the Sign
Code's distinctions as turning on "`the content -neutral
elements of who is speaking through the sign and whether
and when an event is occurring."' 707 F. 3d, at 1069.
That analysis is mistaken on both factual and legal
grounds.
To start, the Sign Code's distinctions are not speaker
based. The restrictions for political, ideological, and tem-
porary event signs apply equally no matter who sponsors
them. If a local business, for example, sought to put up
Cite as: 576 U. S. (2015) 13
Opinion of the Court
signs advertising the Church's meetings, those signs
would be subject to the same limitations as such signs
placed by the Church. And if Reed had decided to dis-
play signs in support of a particular candidate, he could
have made those signs far larger—and kept them up for
far longer—than signs inviting people to attend his
church services. If the Code's distinctions were truly
speaker based, both types of signs would receive the same
treatment.
In any case, the fact that a distinction is speaker based
does not, as the Court of Appeals seemed to believe, auto-
matically render the distinction content neutral. Because
"[s]peech restrictions based on the identity of the speaker
are all too often simply a means to control content," Citi-
zens United v. Federal Election Comm n, 558 U. S. 310,
340 (2010), we have insisted that "laws favoring some
speakers over others demand strict scrutiny when the
legislature's speaker preference reflects a content prefer-
ence," Turner, 512 U. S., at 658. Thus, a law limiting the
content of newspapers, but only newspapers, could not
evade strict scrutiny simply because it could be character-
ized as speaker based. Likewise, a content -based law that
restricted the political speech of all corporations would not
become content neutral just because it singled out corpo-
rations as a class of speakers. See Citizens United, supra,
at 340-341. Characterizing a distinction as speaker based
is only the beginning—not the end—of the inquiry.
Nor do the Sign Code's distinctions hinge on "whether
and when an event is occurring." The Code does not per-
mit citizens to post signs on any topic whatsoever within a
set period leading up to an election, for example. Instead,
come election time, it requires Town officials to determine
whether a sign is "designed to influence the outcome of an
election" (and thus "political") or merely "communicating a
message or ideas for noncommercial purposes" (and thus
"ideological"). Glossary 24. That obvious content -based
14 REED v. TOWN OF GILBERT
Opinion of the Court
inquiry does not evade strict scrutiny review simply be-
cause an event (i.e., an election) is involved.
And, just as with speaker -based laws, the fact that a
distinction is event based does not render it content neu-
tral. The Court of Appeals cited no precedent from this
Court supporting its novel theory of an exception from the
content -neutrality requirement for event -based laws. As
we have explained, a speech regulation is content based if
the law applies to particular speech because of the topic
discussed or the idea or message expressed. Supra, at 6.
A regulation that targets a sign because it conveys an idea
about a specific event is no less content based than a
regulation that targets a sign because it conveys some
other idea. Here, the Code singles out signs bearing a
particular message: the time and location of a specific
event. This type of ordinance may seem like a perfectly
rational way to regulate signs, but a clear and firm rule
governing content neutrality is an essential means of
protecting the freedom of speech, even if laws that might
seem "entirely reasonable" will sometimes be "struck down
because of their content -based nature." City of Ladue v.
Gilleo, 512 U. S. 43, 60 (1994) (O'Connor, J., concurring).
III
Because the Town's Sign Code imposes content -based
restrictions on speech, those provisions can stand only if
they survive strict scrutiny, "`which requires the Govern-
ment to prove that the restriction furthers a compelling
interest and is narrowly tailored to achieve that interest,"'
Arizona Free Enterprise Club's Freedom Club PAC v.
Bennett, 564 U. S. _, _ (2011) (slip op., at 8) (quoting
Citizens United, 558 U. S., at 340). Thus, it is the Town's
burden to demonstrate that the Code's differentiation
between temporary directional signs and other types of
signs, such as political signs and ideological signs, furthers
a compelling governmental interest and is narrowly tai-
Cite as: 576 U. S. (2015) 15
Opinion of the Court
lored to that end. See ibid.
The Town cannot do so. It has offered only two govern-
mental interests in support of the distinctions the Sign
Code draws: preserving the Town's aesthetic appeal and
traffic safety. Assuming for the sake of argument that
those are compelling governmental interests, the Code's
distinctions fail as hopelessly underinclusive.
Starting with the preservation of aesthetics, temporary
directional signs are "no greater an eyesore," Discovery
Network, 507 U. S., at 425, than ideological or political
ones. Yet the Code allows unlimited proliferation of larger
ideological signs while strictly limiting the number, size,
and duration of smaller directional ones. The Town can-
not claim that placing strict limits on temporary direc-
tional signs is necessary to beautify the Town while at the
same time allowing unlimited numbers of other types of
signs that create the same problem.
The Town similarly has not shown that limiting tempo-
rary directional signs is necessary to eliminate threats to
traffic safety, but that limiting other types of signs is not.
The Town has offered no reason to believe that directional
signs pose a greater threat to safety than do ideological or
political signs. If anything, a sharply worded ideological
sign seems more likely to distract a driver than a sign
directing the public to a nearby church meeting.
In light of this underinclusiveness, the Town has not
met its burden to prove that its Sign Code is narrowly
tailored to further a compelling government interest.
Because a "`law cannot be regarded as protecting an inter-
est of the highest order, and thus as justifying a re-
striction on truthful speech, when it leaves appreciable
damage to that supposedly vital interest unprohibited,"'
Republican Party of Minn. v. White, 536 U. S. 765, 780
(2002), the Sign Code fails strict scrutiny.
16 REED v. TOWN OF GILBERT
Opinion of the Court
IV
Our decision today will not prevent governments from
enacting effective sign laws. The Town asserts that an
"`absolutist"' content -neutrality rule would render "virtu-
ally all distinctions in sign laws ... subject to strict scru-
tiny," Brief for Respondents 34-35, but that is not the
case. Not "all distinctions" are subject to strict scrutiny,
only content -based ones are. Laws that are content neutral
are instead subject to lesser scrutiny. See Clark, 468
U. S., at 295.
The Town has ample content -neutral options available
to resolve problems with safety and aesthetics. For exam-
ple, its current Code regulates many aspects of signs that
have nothing to do with a sign's message: size, building
materials, lighting, moving parts, and portability. See,
e.g., §4.402(R). And on public property, the Town may go
a long way toward entirely forbidding the posting of signs,
so long as it does so in an evenhanded, content -neutral
manner. See Taxpayers for Vincent, 466 U. S., at 817
(upholding content -neutral ban against posting signs on
public property). Indeed, some lower courts have long
held that similar content -based sign laws receive strict
scrutiny, but there is no evidence that towns in those
jurisdictions have suffered catastrophic effects. See, e.g.,
Solantic, LLC v. Neptune Beach, 410 F. 3d 1250, 1264-
1269 (CAll 2005) (sign categories similar to the town of
Gilbert's were content based and subject to strict scru-
tiny); Matthews v. Needham, 764 F. 2d 58, 59-60 (CA1
1985) (law banning political signs but not commercial
signs was content based and subject to strict scrutiny).
We acknowledge that a city might reasonably view the
general regulation of signs as necessary because signs
"take up space and may obstruct views, distract motorists,
displace alternative uses for land, and pose other problems
that legitimately call for regulation." City of Ladue, 512
U. S., at 48. At the same time, the presence of certain
Cite as: 576 U. S. (2015) 17
Opinion of the Court
signs may be essential, both for vehicles and pedestrians,
to guide traffic or to identify hazards and ensure safety. A
sign ordinance narrowly tailored to the challenges of
protecting the safety of pedestrians, drivers, and passen-
gers—such as warning signs marking hazards on private
property, signs directing traffic, or street numbers associ-
ated with private houses—well might survive strict scru-
tiny. The signs at issue in this case, including political
and ideological signs and signs for events, are far removed
from those purposes. As discussed above, they are facially
content based and are neither justified by traditional
safety concerns nor narrowly tailored.
We reverse the judgment of the Court of Appeals and
remand the case for proceedings consistent with this
opinion.
It is so ordered.
Cite as: 576 U. S. (2015) 1
ALITO, J., concurring
SUPREME COURT OF THE UNITED STATES
No. 13-502
CLYDE REED, ET AL., PETITIONERS v. TOWN OF
GILBERT, ARIZONA, ET AL.
ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF
APPEALS FOR THE NINTH CIRCUIT
[June 18, 20151
JUSTICE ALITO, with whom JUSTICE KENNEDY and
JUSTICE SOTOMAYOR join, concurring.
I join the opinion of the Court but add a few words of
further explanation.
As the Court holds, what we have termed "content -
based" laws must satisfy strict scrutiny. Content -based
laws merit this protection because they present, albeit
sometimes in a subtler form, the same dangers as laws
that regulate speech based on viewpoint. Limiting speech
based on its "topic" or "subject" favors those who do not
want to disturb the status quo. Such regulations may
interfere with democratic self-government and the search
for truth. See Consolidated Edison Co. of N. Y. v. Public
Serv. Comm n of N. Y., 447 U. S. 530, 537 (1980).
As the Court shows, the regulations at issue in this case
are replete with content -based distinctions, and as a result
they must satisfy strict scrutiny. This does not mean,
however, that municipalities are powerless to enact and
enforce reasonable sign regulations. I will not attempt to
provide anything like a comprehensive list, but here are
some rules that would not be content based:
Rules regulating the size of signs. These rules may
distinguish among signs based on any content -neutral
criteria, including any relevant criteria listed below.
Rules regulating the locations in which signs may be
REED v. TOWN OF GILBERT
ALITO, J., concurring
placed. These rules may distinguish between free-
standing signs and those attached to buildings.
Rules distinguishing between lighted and unlighted
signs.
Rules distinguishing between signs with fixed messages
and electronic signs with messages that change.
Rules that distinguish between the placement of signs
on private and public property.
Rules distinguishing between the placement of signs on
commercial and residential property.
Rules distinguishing between on -premises and off -
premises signs.
Rules restricting the total number of signs allowed per
mile of roadway.
Rules imposing time restrictions on signs advertising a
one-time event. Rules of this nature do not discriminate
based on topic or subject and are akin to rules restricting
the times within which oral speech or music is allowed.*
In addition to regulating signs put up by private actors,
government entities may also erect their own signs con-
sistent with the principles that allow governmental
speech. See Pleasant Grove City v. Summum, 555 U. S.
460, 467-469 (2009). They may put up all manner of signs
to promote safety, as well as directional signs and signs
pointing out historic sites and scenic spots.
Properly understood, today's decision will not prevent
cities from regulating signs in a way that fully protects
public safety and serves legitimate esthetic objectives.
*Of course, content -neutral restrictions on speech are not necessarily
consistent with the First Amendment. Time, place, and manner
restrictions "must be narrowly tailored to serve the government's
legitimate, content -neutral interests." Ward v. Rock Against Racism,
491 U. S. 781, 798 (1989). But they need not meet the high standard
imposed on viewpoint- and content -based restrictions.
Cite as: 576 U. S. (2015)
BREYER, J., concurring in judgment
SUPREME COURT OF THE UNITED STATES
No. 13-502
CLYDE REED, ET AL., PETITIONERS v. TOWN OF
GILBERT, ARIZONA, ET AL.
ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF
APPEALS FOR THE NINTH CIRCUIT
[June 18, 20151
JUSTICE BREYER, concurring in the judgment.
I join JUSTICE KAGAN's separate opinion. Like JUSTICE
KAGAN I believe that categories alone cannot satisfactorily
resolve the legal problem before us. The First Amendment
requires greater judicial sensitivity both to the Amend-
ment's expressive objectives and to the public's legitimate
need for regulation than a simple recitation of categories,
such as "content discrimination" and "strict scrutiny,"
would permit. In my view, the category "content discrimi-
nation" is better considered in many contexts, including
here, as a rule of thumb, rather than as an automatic
"strict scrutiny" trigger, leading to almost certain legal
condemnation.
To use content discrimination to trigger strict scrutiny
sometimes makes perfect sense. There are cases in which
the Court has found content discrimination an unconstitu-
tional method for suppressing a viewpoint. E.g., Rosen-
berger v. Rector and Visitors of Univ. of Va., 515 U. S. 819,
828-829 (1995); see also Boos v. Barry, 485 U. S. 312, 318-
319 (1988) (plurality opinion) (applying strict scrutiny
where the line between subject matter and viewpoint was
not obvious). And there are cases where the Court has
found content discrimination to reveal that rules govern-
ing a traditional public forum are, in fact, not a neutral
way of fairly managing the forum in the interest of all
2 REED v. TOWN OF GILBERT
BREYER, J., concurring in judgment
speakers. Police Dept. of Chicago v. Mosley, 408 U. S. 92,
96 (1972) ("Once a forum is opened up to assembly or
speaking by some groups, government may not prohibit
others from assembling or speaking on the basis of what
they intend to say"). In these types of cases, strict scru-
tiny is often appropriate, and content discrimination has
thus served a useful purpose.
But content discrimination, while helping courts to
identify unconstitutional suppression of expression, can-
not and should not always trigger strict scrutiny. To say
that it is not an automatic "strict scrutiny" trigger is not to
argue against that concept's use. I readily concede, for
example, that content discrimination, as a conceptual tool,
can sometimes reveal weaknesses in the government's
rationale for a rule that limits speech. If, for example, a
city looks to litter prevention as the rationale for a prohi-
bition against placing newsracks dispensing free adver-
tisements on public property, why does it exempt other
newsracks causing similar litter? Cf. Cincinnati v. Dis-
covery Network, Inc., 507 U. S. 410 (1993). I also concede
that, whenever government disfavors one kind of speech,
it places that speech at a disadvantage, potentially inter-
fering with the free marketplace of ideas and with an
individual's ability to express thoughts and ideas that can
help that individual determine the kind of society in which
he wishes to live, help shape that society, and help define
his place within it.
Nonetheless, in these latter instances to use the pres-
ence of content discrimination automatically to trigger
strict scrutiny and thereby call into play a strong pre-
sumption against constitutionality goes too far. That is
because virtually all government activities involve speech,
many of which involve the regulation of speech. Regula-
tory programs almost always require content discrimination.
And to hold that such content discrimination triggers
strict scrutiny is to write a recipe for judicial management
Cite as: 576 U. S. (2015) 3
BREYER, J., concurring in judgment
of ordinary government regulatory activity.
Consider a few examples of speech regulated by gov-
ernment that inevitably involve content discrimination,
but where a strong presumption against constitutionality
has no place. Consider governmental regulation of securi-
ties, e.g., 15 U. S. C. §781 (requirements for content that
must be included in a registration statement); of energy
conservation labeling -practices, e.g., 42 U. S. C. §6294
(requirements for content that must be included on labels
of certain consumer electronics); of prescription drugs, e.g.,
21 U. S. C. §353(b)(4)(A) (requiring a prescription drug
label to bear the symbol "Rx only'); of doctor -patient confi-
dentiality, e.g., 38 U. S. C. §7332 (requiring confidentiality
of certain medical records, but allowing a physician to
disclose that the patient has HIV to the patient's spouse or
sexual partner); of income tax statements, e.g., 26 U. S. C.
§6039F (requiring taxpayers to furnish information about
foreign gifts received if the aggregate amount exceeds
$10,000); of commercial airplane briefings, e.g., 14 CFR
§136.7 (2015) (requiring pilots to ensure that each passen-
ger has been briefed on flight procedures, such as seatbelt
fastening); of signs at petting zoos, e.g., N. Y. Gen. Bus.
Law Ann. §399—ff(3) (West Cum. Supp. 2015) (requiring
petting zoos to post a sign at every exit "`strongly recom-
mend[ing] that persons wash their hands upon exiting the
petting zoo area"'); and so on.
Nor can the majority avoid the application of strict
scrutiny to all sorts of justifiable governmental regulations
by relying on this Court's many subcategories and excep-
tions to the rule. The Court has said, for example, that we
should apply less strict standards to "commercial speech."
Central Hudson Gas & Elec. Corp. v. Public Service
Comm'n of N. Y., 447 U. S. 557, 562-563 (1980). But
I have great concern that many justifiable instances
of "content -based" regulation are noncommercial. And,
worse than that, the Court has applied the heightened
4 REED v. TOWN OF GILBERT
BREYER, J., concurring in judgment
"strict scrutiny" standard even in cases where the less
stringent "commercial speech" standard was appropriate.
See Sorrell v. IMS Health Inc., 564 U. S. _, _ (2011)
(BREYER, J., dissenting) (slip op., at _ ). The Court has
also said that "government speech" escapes First Amend-
ment strictures. See Rust v. Sullivan, 500 U. S. 173, 193-
194 (1991). But regulated speech is typically private
speech, not government speech. Further, the Court has
said that, "[w]hen the basis for the content discrimination
consists entirely of the very reason the entire class of
speech at issue is proscribable, no significant danger of
idea or viewpoint discrimination exists." R. A. V. v.
St. Paul, 505 U. S. 377, 388 (1992). But this exception
accounts for only a few of the instances in which content
discrimination is readily justifiable.
I recognize that the Court could escape the problem by
watering down the force of the presumption against con-
stitutionality that "strict scrutiny" normally carries with
it. But, in my view, doing so will weaken the First
Amendment's protection in instances where "strict scru-
tiny" should apply in full force.
The better approach is to generally treat content dis-
crimination as a strong reason weighing against the con-
stitutionality of a rule where a traditional public forum, or
where viewpoint discrimination, is threatened, but else-
where treat it as a rule of thumb, finding it a helpful, but
not determinative legal tool, in an appropriate case, to
determine the strength of a justification. I would use
content discrimination as a supplement to a more basic
analysis, which, tracking most of our First Amendment
cases, asks whether the regulation at issue works harm to
First Amendment interests that is disproportionate in
light of the relevant regulatory objectives. Answering this
question requires examining the seriousness of the harm
to speech, the importance of the countervailing objectives,
the extent to which the law will achieve those objectives,
Cite as: 576 U. S. (2015) 5
BREYER, J., concurring in judgment
and whether there are other, less restrictive ways of doing
so. See, e.g., United States v. Alvarez, 567 U. S. _,
_ (2012) (BREYER, J., concurring in judgment) (slip op.,
at 1-3); Nixon v. Shrink Missouri Government PAC, 528
U. S. 377, 400-403 (2000) (BREYER, J., concurring). Ad-
mittedly, this approach does not have the simplicity of a
mechanical use of categories. But it does permit the gov-
ernment to regulate speech in numerous instances where
the voters have authorized the government to regulate
and where courts should hesitate to substitute judicial
judgment for that of administrators.
Here, regulation of signage along the roadside, for pur-
poses of safety and beautification is at issue. There is no
traditional public forum nor do I find any general effort to
censor a particular viewpoint. Consequently, the specific
regulation at issue does not warrant "strict scrutiny."
Nonetheless, for the reasons that JUSTICE KAGAN sets
forth, I believe that the Town of Gilbert's regulatory rules
violate the First Amendment. I consequently concur in
the Court's judgment only.
Cite as: 576 U. S. (2015)
KAGAN, J., concurring in judgment
SUPREME COURT OF THE UNITED STATES
No. 13-502
CLYDE REED, ET AL., PETITIONERS v. TOWN OF
GILBERT, ARIZONA, ET AL.
ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF
APPEALS FOR THE NINTH CIRCUIT
[June 18, 2015]
JUSTICE KAGAN, with whom JUSTICE GINSBURG and
JUSTICE BREYER join, concurring in the judgment.
Countless cities and towns across America have adopted
ordinances regulating the posting of signs, while exempt-
ing certain categories of signs based on their subject mat-
ter. For example, some municipalities generally prohibit
illuminated signs in residential neighborhoods, but lift
that ban for signs that identify the address of a home or
the name of its owner or occupant. See, e.g., City of Truth
or Consequences, N. M., Code of Ordinances, ch. 16, Art.
XIII, §§11-13-2.3, 11-13-2.9(H)(4) (2014). In other mu-
nicipalities, safety signs such as "Blind Pedestrian Cross-
ing" and "Hidden Driveway" can be posted without a
permit, even as other permanent signs require one. See,
e.g., Code of Athens -Clarke County, Ga., Pt. III, §7-4-7(1)
(1993). Elsewhere, historic site markers—for example,
"George Washington Slept Here"—are also exempt from
general regulations. See, e.g., Dover, Del., Code of Ordi-
nances, Pt. II, App. B, Art. 5, §4.5(F) (2012). And simi-
larly, the federal Highway Beautification Act limits signs
along interstate highways unless, for instance, they direct
travelers to "scenic and historical attractions" or advertise
free coffee. See 23 U. S. C. §§131(b), (c)(1), (c)(5).
Given the Court's analysis, many sign ordinances of that
kind are now in jeopardy. See ante, at 14 (acknowledging
2 REED v. TOWN OF GILBERT
KAGAN, J., concurring in judgment
that "entirely reasonable" sign laws "will sometimes be
struck down" under its approach (internal quotation
marks omitted)). Says the majority: When laws "single[]
out specific subject matter," they are "facially content
based"; and when they are facially content based, they are
automatically subject to strict scrutiny. Ante, at 12, 16-
17. And although the majority holds out hope that some
sign laws with subject -matter exemptions "might survive"
that stringent review, ante, at 17, the likelihood is that
most will be struck down. After all, it is the "rare case[] in
which a speech restriction withstands strict scrutiny."
Williams-Yulee v. Florida Bar, 575 U. S. _, _ (2015)
(slip op., at 9). To clear that high bar, the government
must show that a content -based distinction "is necessary
to serve a compelling state interest and is narrowly drawn
to achieve that end." Arkansas Writers' Project, Inc. v.
Ragland, 481 U. S. 221, 231 (1987). So on the majority's
view, courts would have to determine that a town has a
compelling interest in informing passersby where George
Washington slept. And likewise, courts would have to find
that a town has no other way to prevent hidden -driveway
mishaps than by specially treating hidden -driveway signs.
(Well-placed speed bumps? Lower speed limits? Or how
about just a ban on hidden driveways?) The conse-
quence—unless courts water down strict scrutiny to some-
thing unrecognizable—is that our communities will find
themselves in an unenviable bind: They will have to either
repeal the exemptions that allow for helpful signs on
streets and sidewalks, or else lift their sign restrictions
altogether and resign themselves to the resulting clutter.*
* Even in trying (commendably) to limit today's decision, JUSTICE
ALITO's concurrence highlights its far-reaching effects. According to
JUSTICE ALITO, the majority does not subject to strict scrutiny regula-
tions of "signs advertising a one-time event." Ante, at 2 (ALITO, J.,
concurring). But of course it does. On the majority's view, a law with
an exception for such signs "singles out specific subject matter for
Cite as: 576 U. S. (2015) 3
KAGAN, J., concurring in judgment
Although the majority insists that applying strict scru-
tiny to all such ordinances is "essential" to protecting First
Amendment freedoms, ante, at 14, I find it challenging to
understand why that is so. This Court's decisions articu-
late two important and related reasons for subjecting
content -based speech regulations to the most exacting
standard of review. The first is "to preserve an uninhib-
ited marketplace of ideas in which truth will ultimately
prevail." McCullen v. Coakley, 573 U. S.
(2014) (slip op., at 8-9) (internal quotation marks omit-
ted). The second is to ensure that the government has not
regulated speech "based on hostility—or favoritism—
towards the underlying message expressed." R. A. V. v.
St. Paul, 505 U. S. 377, 386 (1992). Yet the subject -matter
exemptions included in many sign ordinances do not im-
plicate those concerns. Allowing residents, say, to install a
light bulb over "name and address" signs but no others
does not distort the marketplace of ideas. Nor does that
different treatment give rise to an inference of impermis-
sible government motive.
We apply strict scrutiny to facially content -based regu-
lations of speech, in keeping with the rationales just de-
scribed, when there is any "realistic possibility that official
suppression of ideas is afoot." Davenport v. Washington
Ed. Assn., 551 U. S. 177, 189 (2007) (quoting R. A. V., 505
U. S., at 390). That is always the case when the regula-
tion facially differentiates on the basis of viewpoint. See
Rosenberger v. Rector and Visitors of Univ. of Va., 515
U. S. 819, 829 (1995). It is also the case (except in non-
public or limited public forums) when a law restricts "dis-
cussion of an entire topic" in public debate. Consolidated
differential treatment" and "defin[es] regulated speech by particular
subject matter." Ante, at 6, 12 (majority opinion). Indeed, the precise
reason the majority applies strict scrutiny here is that "the Code
singles out signs bearing a particular message: the time and location of
a specific event." Ante, at 14.
4 REED v. TOWN OF GILBERT
KAGAN, J., concurring in judgment
Edison Co. of N. Y. v. Public Serv. Comm'n of N. Y., 447
U. S. 530, 537, 539-540 (1980) (invalidating a limitation
on speech about nuclear power). We have stated that "[i]f
the marketplace of ideas is to remain free and open, gov-
ernments must not be allowed to choose `which issues are
worth discussing or debating."' Id., at 537-538 (quoting
Police Dept. of Chicago v. Mosley, 408 U. S. 92, 96 (1972)).
And we have recognized that such subject -matter re-
strictions, even though viewpoint -neutral on their face,
may "suggest[] an attempt to give one side of a debatable
public question an advantage in expressing its views to
the people." First Nat. Bank of Boston v. Bellotti, 435
U. S. 765, 785 (1978); accord, ante, at 1 (ALITO, J., concur-
ring) (limiting all speech on one topic "favors those who do
not want to disturb the status quo"). Subject -matter
regulation, in other words, may have the intent or effect of
favoring some ideas over others. When that is realistically
possible—when the restriction "raises the specter that the
Government may effectively drive certain ideas or view-
points from the marketplace"—we insist that the law pass
the most demanding constitutional test. R. A. V., 505
U. S., at 387 (quoting Simon & Schuster, Inc. v. Members
of N. Y. State Crime Victims Bd., 502 U. S. 105, 116
(1991)).
But when that is not realistically possible, we may do
well to relax our guard so that "entirely reasonable" laws
imperiled by strict scrutiny can survive. Ante, at 14. This
point is by no means new. Our concern with content -
based regulation arises from the fear that the government
will skew the public's debate of ideas—so when "that risk
is inconsequential, ... strict scrutiny is unwarranted."
Davenport, 551 U. S., at 188; see R. A. V., 505 U. S., at 388
(approving certain content -based distinctions when there
is "no significant danger of idea or viewpoint discrimina-
tion"). To do its intended work, of course, the category of
content -based regulation triggering strict scrutiny must
Cite as: 576 U. S. (2015) 5
KAGAN, J., concurring in judgment
sweep more broadly than the actual harm; that category
exists to create a buffer zone guaranteeing that the gov-
ernment cannot favor or disfavor certain viewpoints. But
that buffer zone need not extend forever. We can adminis-
ter our content -regulation doctrine with a dose of common
sense, so as to leave standing laws that in no way impli-
cate its intended function.
And indeed we have done just that: Our cases have been
far less rigid than the majority admits in applying strict
scrutiny to facially content -based laws—including in cases
just like this one. See Davenport, 551 U. S., at 188 (noting
that "we have identified numerous situations in which
[the] risk" attached to content -based laws is "attenuated").
In Members of City Council of Los Angeles v. Taxpayers for
Vincent, 466 U. S. 789 (1984), the Court declined to apply
strict scrutiny to a municipal ordinance that exempted
address numbers and markers commemorating "historical,
cultural, or artistic event[s]" from a generally applicable
limit on sidewalk signs. Id., at 792, n. 1 (listing exemp-
tions); see id., at 804-810 (upholding ordinance under
intermediate scrutiny). After all, we explained, the law's
enactment and enforcement revealed "not even a hint of
bias or censorship." Id., at 804; see also Renton v. Play-
time Theatres, Inc., 475 U. S. 41, 48 (1986) (applying
intermediate scrutiny to a zoning law that facially distin-
guished among movie theaters based on content because it
was "designed to prevent crime, protect the city's retail
trade, [and] maintain property values .... not to suppress
the expression of unpopular views"). And another decision
involving a similar law provides an alternative model. In
City of Ladue v. Gilleo, 512 U. S. 43 (1994), the Court
assumed arguendo that a sign ordinance's exceptions for
address signs, safety signs, and for -sale signs in residen-
tial areas did not trigger strict scrutiny. See id., at 46-47,
and n. 6 (listing exemptions); id., at 53 (noting this as-
sumption). We did not need to, and so did not, decide the
6 REED v. TOWN OF GILBERT
KAGAN, J., concurring in judgment
level -of -scrutiny question because the law's breadth made
it unconstitutional under any standard.
The majority could easily have taken Ladue's tack here.
The Town of Gilbert's defense of its sign ordinance—most
notably, the law's distinctions between directional signs
and others—does not pass strict scrutiny, or intermediate
scrutiny, or even the laugh test. See ante, at 14-15 (dis-
cussing those distinctions). The Town, for example, pro-
vides no reason at all for prohibiting more than four direc-
tional signs on a property while placing no limits on the
number of other types of signs. See Gilbert, Ariz., Land
Development Code, ch. I, §§4.402(J), (P)(2) (2014). Simi-
larly, the Town offers no coherent justification for restrict-
ing the size of directional signs to 6 square feet while
allowing other signs to reach 20 square feet. See
§§4.402(J), (P)(1). The best the Town could come up with
at oral argument was that directional signs "need to be
smaller because they need to guide travelers along a
route." Tr. of Oral Arg. 40. Why exactly a smaller sign
better helps travelers get to where they are going is left a
mystery. The absence of any sensible basis for these and
other distinctions dooms the Town's ordinance under even
the intermediate scrutiny that the Court typically applies
to "time, place, or manner" speech regulations. Accordingly,
there is no need to decide in this case whether strict scru-
tiny applies to every sign ordinance in every town across
this country containing a subject -matter exemption.
I suspect this Court and others will regret the majority's
insistence today on answering that question in the affirm-
ative. As the years go by, courts will discover that thou-
sands of towns have such ordinances, many of them "en-
tirely reasonable." Ante, at 14. And as the challenges to
them mount, courts will have to invalidate one after the
other. (This Court may soon find itself a veritable Su-
preme Board of Sign Review.) And courts will strike down
those democratically enacted local laws even though no
Cite as: 576 U. S. (2015)
KAGAN, J., concurring in judgment
one—certainly not the majority—has ever explained why
the vindication of First Amendment values requires that
result. Because I see no reason why such an easy case
calls for us to cast a constitutional pall on reasonable
regulations quite unlike the law before us, I concur only in
the judgment.
L�TY 0
Attachment 3
Community Development
919 Palm Street. San Luis Obispo. CA 93401-3218
805.781-7170
slocity ur!l
Declaration of Service and Posting of Notice
SUBJECT ADDRESS: 283-299 HIGUERA SAN LUIS OBISPO, CA 93401____,
CASE NO.: CODE -000847-2019 Citation No.: 22409 Officer: J. MEZZAPESA
I/we, the undersigned, declare that at all times herein mentioned, I/we were and now are a duly authorized
employee(s) of the Community Development Department, City of San Luis Obispo, State of California; that
pursuant to Section 1.24.05013 of the San Luis Obispo Municipal Code (SLOMC), Section 1101.4 of the
Uniform Housing Code, or Section 401.4 of the Uniform Code for the Abatement of Dangerous Buildings, as
adopted by Section 15.02.010 of the San Luis Obispo Municipal Code, I/we deposited in a receptacle for the
U.S. Postal Service, in a sealed envelope, postage prepaid, by x regular mail, and/or X certified mail, return
receipt requested the following:
A Notice to Correct,
X Notice of Violation,
X Administrative Citation,
Stop -Work Notice,
Notice of Hearing,
Notice of Proposed Lien,
Notice of Special Assessment
Notifying the owner of the property of the subject address referenced above of violations of the San Luis
Obispo Municipal Code existing on the property and/or of related abatement proceedings.
The above notice was sent to each person having an interest in the property at their respective addresses as
listed in the Notice, and a copy of the notice was posted at the subject address.
I declare under penalty of perjury that the foregoing is true and correct.
Executed this 21st day of -September , 2020, San Luis Obispo, California
Officer or clerk effecting service by mail:
(Print Name) (Signature) (Time/date)
Officer effecting service by posting:
(Print Name) (Signature) (Time/date)
i
�
,
,
�-;.�
� �-�� Community Development
���.., � �
� � i19 Palm Streef.San Luis Obispo.CA 93401-3218
f'I 305.781 7170
� ;-
Notice of Violation
September 21,2020
SUB CORPORATION LTD
PO BOX 1002
SAN LUIS OBISPO, CA 93406
SUBJECT ADDRESS: 283 - 299 HIGUERA SAN LL]IS �BISI'�,CA 93401 APN: 002-501-007
Code Case#: CODE-000847-2019
Dear Property Owner,
On December 13, 2018, City of San Luis Obispo Community Development Department supplied a Notice of
Violation addressing the following violations of the San Luis Obispo Municipal Code or other relevant codes at
the above listed address:
1. San Luis Obispo Municipal Code § 15.40.300 (B): Prohibited signs. Banner signs.
Our department was supplied a request for investigation indicating that the above violations have been repeated
within a twelve-month period. As described in San Luis Obispo Municipal Code § 1.24.050 (E), repeated
violations by the same person or the same property of the same code provisions within any twelve-month period
may result in the issuance of an administrative citation(s) imposing additional administrative fines without notice
of violation and/or notice to correct preceding the citation.
An Administrative Citations was issued on November 5, 2019 as a result of noncompliance with all or
some of the violations in the original Notice of Violation.
After inspection on September 14, 2020, it has been determined that some or all of the violations in the above-
mentioned list has re-occurred. The re-occurring violations and associated fees are listed in the attached
Administrative Citation.
We request that you voluntarily take action to correct the above noted violation(s) no later than October 1, 2020
to avoid additional citations.
We look forward to working with you to resolve these violations and would like to thank you for your efforts to
maintain your property and to help preserve the safety and beauty of our community. If you have questions,
please contact the undersigned Officer at(805) 781-7179 or jmezzapesa@slocity.org.
Sincerely,
alin Mezzapesa, Code Enforcement Officer II
Cc: File
Enclosures: Second Administrative Citation and Invoice, Administrative Citation Appeal Form, Original Notice
of Violation& Previous Citation
i
I
1
Citation No.: 22409
''rJ � ADMINISTRATIVE CITATION
�I I! � Community Development
.��� � .� ���� -� 919 Palm Street.San Luis Ohis o.CA 93401-3218 AND ORDER TO COMPLY WITH
`+�.t A_�.�
' `r;- g'',• 805781 7170 � SAN LUIS OBISPO MUNICIPAL CODE
1 St Citation x 2"d Citation 3rd Citation Additional / Daily Fines
ADDRESS OF VIOLATION: 283-299 HIGUERA SLO, CA 93401 APN: 002-501-007
DATE OF VIOLATION: SEPTEMBER 14, 2020
NAME: SUB CORPORATION LTD
ADDRESS: PO BOX 1002 SAN LUIS OBISPO, CA 93406
PURSUANT TO CHAPTER 1.24 OF THE SAN LUIS OBISPO MUNICIPAL CODE, YOU ARE HEREBY
ORDERED TO IMMEDIATELY CORRECT THE VIOLATION(S) DESCRIBED BELOW AND PAY THE FINE.
YOU ARE FURTHER ORDERED TO CEASE THE ACTIVITY GIVING RISE TO THE VIOLATION. WHEN
CORRECTIONS ARE COMPLETE PLEASE SCHEDULE AN INSPECTION BY CALLING (805)781-7180. TO
AVOID ADDITIONAL FINES COMPLIANCE MUST BE VERIFIED BY DEPARTMENT STAFF. IF DAILY FINES
APPLY AS NOTED ABOVE, THE FINES SHALL ACCRUE DAILY UNTIL THE VIOLATION(S) ARE
CORRECTED. FAILURE TO CORRECT THE VIOLATION(S) WILL RESULT IN THE ISSUANCE OF
ADDITIONAL ADMINISTRATIVE CITATIONS AND ESCALATING FINES OR OTHER ENFORCEMENT
ACTION.
CODE SECTION DESCRIPTION OF VIOLATION FINE
SLOMC § 15.40.300 Prohibited signs. Banner signs $500
Amount Due (or subtotal if daily fine) $500
Failure to pay the fines may result in the suspension of any pending applications or permits. Unpaid
fines become delinquent after 30 days and are subject to interest accrual of 8% per month as contained
in SLOMC 1.24.070 C. Delinquent fines are also subject to the special assessment and lien procedure
contained in SLOMC 1.24.150. This may result in the imposition of a lien or special assessment against
the property in the amount of any unpaid fines.
Mail Payments to: City of San Luis Obispo, Community Development Department
919 Palm Street, San Luis Obispo, CA 93401
You may file an APPEAL of this Administrative Citation by submitting a request in writing to the
Hearing Administrator within ten days of the date this Administrative Citation is issued as shown
below. Each responsible party is individually required to file an appeal. FAILURE TO FILE AN
APPEAL WILL WAIVE YOUR RIGHT TO CONTEST THIS CITATION. Please see the attached
Appeal Form for more information.
Mail Appeals to: City of San Luis Obispo, City Clerk
990 Palm Street, San L ' Obispo, CA 93401
Issued By: J Mezzaqesa Signature: Title: Code Enforcement Officer II
RELATED CE CASE: C�DE-�D�8 7-2019 DATE CITATION ISSUED: September 21, 2020
I
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i !r�'t�Y��_'.'r't_ i:t ��_1. 1 ILv��_
TO: �°�.""�
SUB CORPORATION LTD A CA CORP : / i t t� �'�
150 Pismo St �
Slo, CA 93401 � �
���
INVOICE NUMBER INVOICE DATE INVOICE DUE DATE INVOICE STATUS INVOICE DESCRIPTION
00022409 09/21/2020 10/21/2020 Due 299 Higuera. Second Administrative
Citation. SLOMC§ 15.40.300(B)
REFERENCE NUMBER DESCRIPTION TOTAL
CODE-000847-2019 CE 2nd Admin Citation $500.00
SUB TOTAL $500.00
TOTAL $500.00
September 27,2020 � � y~ � V Page 1 of 7
i
i
�
Rev.6/2017
���� ^ Administratirre Citation Appeal Form
r ,;,
� This request to appeal must b�e recei�ed by the City Clerk
� - - within 10 days of date of the citation to be considered timely filed.
P/ease submit any supporting documents or photos wifh this form.
1. Appellant. Mr./Mrs./Ms. Name
Phone Email
Mailing Address
City State Zip Code
(If Applicable)
Business Name Business LicensP#
2. Interest in Citation. (Place X in front of selection)
A.Charged personally B.Charged as the C.Acting as the legally authorized Agent
owner of the property of the cited business or homeowner
3. Administrative Citation. Date of Citation Citation Number
Address of property cited or location where an individual was cited: •
Citation Address ■•
City State Zip Code �
•
Municipal code section(s)violated:
Code violation(s) being appealed:
4. Reason for appeal.
Give a brief statement of why you are appealing and why the notice of violation/administrative citation
should be revoked, modified or otherwise set aside. The AMOUNT of the fine cannot be reduced on
appeal.Attach additional sheets as necessary. Any documents or photos you wish to submit in support
of your appeal should be included with this form. (number of sheets attached J
Questions about this form or the appeal process?
Contact the City Attorney's Office at Room 10, City Hall (990 Palm Street) or(805)781-7140
r` r�� '
Administrative �itation Appeal Form
`� t�� . 'I Questions about this form or the appeal process?
o.�
` -- C o n t a c t t h e C i t y A tt o r n e y's O ff i c e a t R o o m 1 0, C i t y H a l l (9 9 0 P a l m S t r e e t) o r(8 0 5)7 8 1-7140
5. Election of Appeal Process.
Note: All Administrative Citations written for violation of Title 15 of the Municipal Code (building and
related codesJ,even if other code violations are also cited, will be automatically heard by the Construction
Honrd of Appeals. Election of Hearing Officer revi�w is not valid and your check for$281 m��ct accnmpnny
this appeal form.
For Administrative Citations that do not charge a violation of Title 15, you must make a choic� of an
appeal process. (1)At no charge,you may choose an expedited, iess fiormal appeai process of review by
a Hearin Officer whose final decision may be appealed directly to the superior court for de novo review
pursuant#o Government�ode Se�tion 53069,4,(2)H4wev�r,if you wish to retain your right to challenge
the Administrative Citation,or any final city action related to the citation, in court by any writ action,you
must appeal to the Administrati�e Review Board for a more formal, comprehensive hearing to ensure
preparation of an adequate administrative record, and pay an appeal fee of$281.
Only one appeal process may be chosen, and once chosen, the election is final. Failure to rnake a
selection will result in the appeal being assigned to a Hearing Officer for review and will constitute a
failure to exhaust administrative remedies for purposes of any subsequently filed writ action. �
I have read the ak��ve and�hopse: (Place X in front of selection)
A. My administrative citation includes a Title 15 violation requiring review by the Construction �
Board�f�p�aeals. My check f�r$281 is encic�sed ■
B. More formal appeal to Adm4nistrati�e Review 8oard. My check for$281 is enclosed.
C. Expedited appeal to Hearin af#icer �
•
6. Election to forego an in-person hearing.
It is your right under San Luis Obispo Municipal Code Section 1.24, no matter which appeal process is
chosen, to have an in-person hearing. If you choose, you may forego this right and have your appeal
reviewed on the record,which will include all documents you submit and all those provided by the City.
By checking this box I am indicating I do not want an in-person hearing�
7. Truth of Appeal. I declare under penalty of perjury that all of the facts stated in this appeal are true and
that this appeal form was signed on: at ,
Date City State
If different from the address in Paragraph 1,the official mailing address to receive further notices from
City relating to the appeal is:
Street Address City State Zip
Signature of Appellant Print name of Appellant
Mail or Deliver in person to:
City Clerk's Office, 990 Palm St., San Luis Obispo, CA 93401
,;� Community Development
919 Palm Street,San Luis Obispo.CA 93401-3218
805 781 7170
���
Notice to Correct Code Violation(s)/Notice of Violation
(Courtesy Warning Prior to Issuance of Administrativ�Citation)
December 13, 2018 �
SUB CORPORATION LTD 4�
PO BOX 1002
SAN LUIS OBISPO, CA 93406 •_ •
SUBJECT ADDRESS: 283 & 299 E 1[G � � �AN L,[J[ E3[5P� {�A 93�0! APN: 002-501-007
Code Case#: C�L3�-DD i 746-ZO l 8
Dear Property Owner, �
On December 11, 201.8, City vF 5an Luis Obispo Community Development Department staff noted the
following violation$pf t�e San Luis ���s�o Municipal Code or other relevant codes at the above listed
address: '
I. Thr�c banner si =ns were r�hs4rved a�tached to tf�e buildin ss at the sub'ect addresses.
San Luis�bi.qpa Municipai Co�e § 15.40.300
Prohibited signs. The following signs are prohibited und subject to immediate abatement by the
city of San Luis Obispo's code enforcement officer. The ciry 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 ancl 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 temporaNy sign pending manufacture and
installation of an approved perrnanent sign; or
3. Approved by the public works director over designated rights-of-way;
Corrective Action: The banner signs shall be removed from display.
A COPY OF THIS NOTICE MUST BE ATTACHED TD ALL APPLICATTONS FOR A PERMIT.
We request that you voluntarily take action to correct the above noted violation(s) no later than Januarv
12, 2019. These violations constitute a public nuisance and must be abated. Failure to correct the
violation(s) by the specified date will result in the issuance of an Administrative Citation requiring
payment of FINES in accordance with SLOMC Chapter 1.24. For Municipal Code violations that
remain uncorrected after issuance of an Administrative Citation, the City may seek enforcement by other
civil or criminal remedies.
283 &299 Higuera
December l3,2018
Page 2
Any person having a title interest in the property may request a I]ir�ctor's review of this Notice by
completing the enclosed Request for Director's Review Form and s�ibtnitting it to the Community
Development Departmer►t via email at code�c�Jr sl�city.urg ur �o t]i 9 E'�I�n �lre�l. Sen Luis OliiSpu, CA
93406, within five (5) days of the date of this Notice. "�'his Noti� shall be deemed tinal unless you
timely file a Request for Director's Review.
We look forward to working with you to resolve lhese vi�l��i�tn8 and would lik4 �� thank you fur your
efforts to maintain your property and to help �res�rvc thc smf'�ty and beauty of our community. If you
have questions, plcasc contact the undersigned C}f�Fcer a�($0a��781-7179 or jmezzapesa@slocity.org.
Sincerely, ;:4��
f�
John Mezzapesa, Code Gnforcement(7f�cer II ���
,...�
Cc: File r�
Enclosures: �tequcstfnrDirectors Review
;,r--__
��,�, �. —1 Community Development
�� � 919 P�tlm S[rePt 6�in I uis Ohis�:�n C.4'd3=4ij1 321'd
�'� 805 73 i 1 I 70
Notice of Violation ,
November 5, 2019
SUB CORPORATION LTD �
PO BOX 1002 �'�
SAN LU1S OBISPO, CA 93406 �
SUBJECT ADDRESS: 283 -2�39 HIC�iJE�.Q.�1N I.[Ji5 C)I3i5I'�,CA 93��]1 APN: 002-501-007
Code Case #: CODE-000847-2019
Dear Property Owner, � �
4n December 13, 2018 City of Sar� I.uis Obispo Com��ttunity Development Department supplied a Notice of
Violation addressing El:�foilo�ti�i:��, �it�iatior�s of the 5an Luis Obispo Municipal Code or other relevant codes
at the above listed ac�dz�s:
1. San Luis 4�isprs Municipal Ci1dc § 15.40.300 (B):Prohibited signs. Banner signs.
Our department was y�ppIi�.ci �i rec�uest for investigation indicating that the above violations have been
repeated within a tw�:�ve-:�ont�� pc.riad. As described in San Luis Obispo Municipal Code § 1.24.050 (E),
repeated violations by tffi.�s�me pe�s�an or the same property of the same code provisions within any twelve-
month period may result in the issuance of an administrative citation(s) imposing additional administrative
fines without notice of violation and/or notice to correct preceding the citation.
After inspection on November 4, 2019, it has been determined that some or all of the violations in the above-
mentioned list has re-occurred. The re-occurring violations and associated fees are listed in the attached
Administrative Citation.
We request that you voluntarily take action to correct the above noted violation(s) no later than November
15, 2019 to avoid additional citations.
We look forward to working with you to resolve these violations and would like to thank you for your efforts
to maintain your properiy and to help preserve the safety and beauty of our community. If you have
questions,please contact the undersigned Officer at(805) 781-7179 or jmezzapesa@slocity.org.
Sincerely,
.l�l�n Mezzapesa, Code Enforcement Officer II
Cc: File
Enclosures: First Administrative Citation and Invoice, Administrative Citation Appeal Form, Original Notice
of Violation
i
�
�
�
'•�_...
i� , �` Attachment 4
,'� . `_�,\
' , ;: i;' ' Community Development
i � I` .
�il�-� 919 Palm Street.San Luls Obispo.CA 93.901 321 B
-, s • 805 781 7170
,ci+.;ntc�
Declaration of Service and Posting of Notice
Sl_1R.IFrT ADDRESS: 150 PISMO SAN LUIS OBI�O. CA 93401
CASE NO.: CODE-000603-2020 Citation No.: 22410 Officer: J. MEZZAPESA
I/we, the undersigned, declare that at all times herein mentioned, I/we were and now are a duly authorized
employee(s) of the Community Development Department, City of San Luis Obispo, State of California; that
pursuant to Section 1.24.050G of the San Luis Obispo Municipal Code (SLOMC), Section 1101.4 of the
Uniform Housing Code, or Section 401.4 of the Uniform Code for the Abatement of Dangerous Buildings, as
adopted by Section 15.02.010 of the San Luis Obispo Municipal Code, Ilwe deposited in a receptacle For the
U.S. Postal Service, in a sealed envelope, postage prepaid, by�x regular mail, and/or x certified mail, return
receipt requested the following:
A Notice to Correct,
`:� Notice of Violation,
?�' Administrative Citation,
Stop-Work Notice,
Notice of Hearing,
Notice of Proposed Lien,
Notice of Special Assessment
Notifying the owner of the property of the subject address referenced above of violations of the San Luis
Obispo Municipal Code existing on the property andlor of related abatement proceedings.
The above notice was sent to each person having an interest in the property at their respective addresses as
listed in the Notice, and a copy of the notice was posted at the subject address.
I declare under penalty of perjury that the foregoing is true and correct.
Executed this_21 S� day of September , 20?0. San Luis Obispo, California
Officer or clerk effecting service by mail:
(Print Name) (Signature) (Time/date)
Officer effecting service by posting:
J 0 H�+ 1"11.7�r4P t SJ� ��Z� / ZU
(Print Name} (Signature) (Time/date)
��� Attachment 4
i� =
� ,� •ti Community Development
��'����.,� �
��, 9 Palin Street San Luis Obispa CA 93411-321�
��` �.��� OS 781 7170
Notice of Violation
September 21, 2020
SUB CORPORATION LTD
PO BOX 1002
SAN LUIS OBISPO, CA 93406
SUBJECT ADDRESS: �50 PTSMO SAN LUIS OBISPO, CA 93401. APN: 002-501-002,
Code Case#: CODE-000603-2020
Dear Property Owner,
On September 14, 2020 City of San Luis Obispo Community Development Department staff noted the
following violations of the San Luis Obispo Municipal Code or other relevant codes at the above listed
address:
1. A banner si�n was observed attached to the buildin�s at the subiect addresses..
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;
These violation(s) have been determined to be a repeat violation within a twelve-month period. As
described in San Luis Obispo Municipal Code § 1.24.050 (E), repeated violations by the same person or
the same property of the same code provisions within any twelve-month period may result in the
issuance of an administrative citation(s) imposing additional administrative fines without notice of
violation and/or notice to correct preceding the citation.
An Administrative Citation was issued on November 5, 2019 for the same code provision at a parcel
owned by the same listed owner (Parcel # 001-501-007) as a result of noncompliance with all or some of
the violations in the original Notice of Violation.
Attachment 4
150 Pismo
September 21,2020
Page 2
We request that you voluntarily take action to correct the above noted violation(s) no later than�ctober
1, 2020 to avoid additional citations.
We look forward to working with you to resolve these violations and would like to thank you for your
efforts to maintain your property and to help preserve the safety and beauty of our community. If you
have questions,please contact the undersigned Officer at (805) 781-7179 or jmezzapesa@slocity.org.
Sincerely,
John Mezzapesa, Code Enforcement Officer TT
Cc: File
Enclosirres: First Administrative Citation and Invoice, Administrative Citation Appeal Form, Original
Notice of Violation& Previous Citation
Attachment 4
Citation No.: 22410
.-��
; `,.�, �= � ADMINISTRATIVE CITATION
,, Community Development
-�'. �����y - I AND ORDER TO COMPLY WITH
�»�� 'r 'i 919 Palm StreeL San Luis[Jbispo:CA 9 3401-321 8
`��� 805.781 7170 SAN LUIS OBISPO MUNICIPAL CODE
�� 1 St Citation � 2"d Citation �_ 3�d Citation �, Additional / Daily Fines
ADDRESS OF VIOLATION: 150 PISMO SLO, CA 93401 APN: 002-501-002
DATE OF VIOLATION: SEPTEMBER 14, 2020
NAME: SUB CORPORATION LTD
ADDRESS: PO BOX 1002 SAN LUIS OBISPO, CA 93406
PURSUANT TO CHAPTER 1.24 OF THE SAN LUIS OBISPO MUNICIPAL CODE, YOU ARE HEREBY
ORDERED TO IMMEDIATELY CORRECT THE VIOLATION(S) DESCRIBED BELOW AND PAY THE FINE.
YOU ARE FURTHER ORDERED TO CEASE THE ACTIVITY GIVING RISE TO THE VIOLATION. WHEN
CORRECTIONS ARE COMPLETE PLEASE SCHEDULE AN INSPECTION BY CALLING (805)781-7180. TO
AVOID ADDITIONAL FINES COMPLIANCE MUST BE VERIFIED BY DEPARTMENT STAFF. IF DAILY FINES
APPLY AS NOTED ABOVE, THE FINES SHALL ACCRUE DAILY UNTIL THE VIOLATION(S) ARE
CORRECTED. FAILURE TO CORRECT THE VIOLATION(S) WILL RESULT IN THE ISSUANCE OF
ADDITIONAL ADMINISTRATIVE CITATIONS AND ESCALATING FINES OR OTHER ENFORCEMENT
ACTION.
CODE SECTION �DESCRIPTION OF VIOLATION FINE
SLOMC § 15.40.300 IProhibited signs. Banner signs $100
Amount Due (or subtotal if daily fine) $100
4F 9ail�+-�i�n�es-a��l�-�h�'f-A'���4W�9��,"�T nur_- -¢�,e.�'����t$�a�=
Failure to pay the fines may result in the suspension of any pending applications or permits. Unpaid
fines become delinquent after 30 days and are subject to interest accrual of 8% per month as contained
in SLOMC 1.24.070 C. Delinquent fines are also subject to the special assessment and lien procedure
contained in SLOMC 1.24.150. This may result in the imposition of a lien or special assessment against
the property in the amount of any unpaid fines.
Mail Payments to: City of San Luis Obispo, Community Development Department
919 Palm Street, San Luis Obispo, CA 93401
You may file an APPEAL of this Administrative Citation by submitting a request in writing to the
Hearing Administrator within ten days of the date this Administrative Citation is issued as shown
below. Each responsible party is individually required to file an appeal. FAILURE TO FILE AN
APPEAL WILL WAIVE YOUR RIGHT TO CONTEST THIS CITATION. Please see the attached
Appeal Form for more information.
Mail Appeals to: City of San Luis Obispo, City Clerk
990 Palm Street, San !. ' Obispo, CA 93401
Issued By: J Mezzapesa Signature: Title: Code Enforcement Officer II
RELATED CE CASE: GDDE-�Q06 3-2�243 DATE CITATION ISSUED: S�:qtember 21, 2���
Attachment 4
i
- -•_ --- - ��- __ --
TO: ��
SUB CORPORATION LTD A CA CORP � !'
150 Pismo St •�"'r� `' �
Slo, CA 93401 �z � ;
:. ` ��
r.y,.�.,,�'
INVOICE NUMBER INVOICE DATE INVOICE DUE DATE INVOICE STATUS INVOICE DESCRIPTION
00022410 09/21/2020 10/21/2020 Due 150 Pismo. FirstAdministrative
Citation. SLOMC§ 15.40.300(B)
REFERENCE NUMBER DESCRIPTION TOTAL
CODE-000603-2020 CE 1stAdmin Citation $100.00
SUB TOTAL $100.00
TOTAL $100.00
September 21,2020 � ^' R Page 1 of 1
Attachment 4
Rev.6/2017
`�� - Administrative Citation Appeal Form
� eii
�� �' This request to appeal must he recei�ed by the City Clerk
— within 10 days of date of the citation to be considered timely filed.
P/ease submit any supporting documents or phofos wifh this form.
1. Appellant. Mr./Mrs./Ms. Name
Phone Email
Mailing Address
City State Zip Code
(If Applicable)
Business Name Business LicensP#
2. Interest in Citation. (Place X in front of selection)
A.Charged personally B.Charged as the C.Acting as the legally authorized Agent
owner of the property of the cited business or homeowner
�
3. Administrative Citation. Date of Citation Citation Number
Address of property cited or location where an individual was cited: •
Citation Address ■■
City State Zip Code �
•
Municipal code section(s)violated:
Code violation(s) being appealed:
4. Reason for appeal.
Give a brief statement of why you are appealing and why the notice of violation/administrative citation
should be revoked, modified or otherwise set aside. The AMOUNT of the �ne cannot be reduced on
appeal. Attach additional sheets as necessary. Any documents or photos you wish to submit in support
of your appeal should be included with this form. (number of sheets attached J
Questions about this form or the appeal process?
Contact the City Attorney's Office at Room 10, City Hall (990 Palm Street) or(805)781-7140
Attachment 4
' Administrati�e Citation Appeal Form
� ,�,
i
f Questions about this form or the appeal process?
_ J
--- Contact the City Attorney's Office at Room 10, City Hall (990 Palm Street) or(805)781-7140
5. Election of Appeal Process.
Note:All Administrative Citations written for violation of Title 15 of the Munrcipal Code (building and
related codesJ,even if other code violations are also cited, will be automatically heard by the Construction
Board of Apt�eals. Election of Hearing Officer review is not valid and your check for$281 must accompany
this appeal form.
For Administrative Citations that do not charge a violation of Title 15, you must make a choice of an
appeal process. (1)At no charge,you may choose an expedited, less forrnal appeal NroceSs uf review by
a Hearin�Officer,whose final decision may be appealed directly to the superior court for de novo review
pursuant to Government Code Section 53069.4.(2)However,if you wish to retain your right to challenge
the Administrative Citation,or any final city action related to the citation,in court by any writ action,you
must appeal to the Administrative Review �oard for a more formal, comprehensive hearing to ensure
preparation of an adequate administrative record, and pay an apqeal fee of$281.
Only one appeal process may be chosen, and once chosen, the election is final. Failure to make a
selection will result in the appeal being assigned to a Hearing Officer for review and will constitute a
failure to exhaust administrative remedies for purposes of any subsequently filed writ action.
I ha�e read the aba�e and chn�se: (Place X in front of selection)
A. My administrative citation includes a Title 15 violation requiring review by the Construction ,
Board af Ap�eais. My check for$281 is enclosed
R. More formal appeal to Administrative Review Eioard.My check for$281 is enclosed.
C. Expedited appeal to He�rin�Df�ic:c�r ■
6. Election to foreBo an in-person hearing.
It is your right under San Luis Obispo Municipal Code Section 1.24, no matter which appeal process is
chosen, to have an in-person hearing. If you choose, you may forego this right and have your appeal
reviewed on the record,which will include all documents you submit and all those provided by the City.
By checking this box I am indicating I do not want an in-person hearing�
7. Truth of Appeal. I declare under penalty of perjury that all of the facts stated in this appeal are true and
that this appeal form was signed on: at ,
Date City State
If different from the address in Paragraph 1,the official mailing address to receive further notices from
City relating to the appeal is:
Street Address City State Zip
Signature of Appellant Print name of Appellant
Mail or Deliver in person to:
City Clerk's Office, 990 Palm St., San Luis Obispo, CA 93401
Attachment 4
� " Community Development
,_�
�I�t 919 Palin Street,San Luis Obispo.CA 93401-3218 �
�'� ao5�a i �i ro
1�+Catice to �arrect C�de VioIation(�)INotice o�'Vinla��an
(Courtesy Warning Priar to [ssuance ❑f Administrative Citation)
f7ecemher 13, ?0[$
sua Go�o�-rro� LTo �
Po sox i ao2 �
SAN LUIS OBISPO, CA 93406 "-� _
SU�JECT ADDRESS: 283 & �99 I-L[Gt��RA S,AN LU1S_pSESPQ, CA 93401„ APN: 002-501-007
Code Case#: CUQ�-QO l 7�d-2�i�
Dear Property Owner,
� '�.
On December l 1, 201 fi. C.i*y of 5an �.uis Obispo Camrrtunity Development Department staff noted the
following viofatic�ns c�i rhe S�n Luis �bispo Mun.iCipal Code or other relevant codes at the above listed
address: `
l. Ti�re�: banrt�rsigsis were o�rser►�t�d a[tached to,.the builc3in�s at ti�e su(��ect addresscs.
San Luis (]h[�;�o iV���r�icipal Code § 15.40.300
Prohibited signs. The following signs are prohibited and subject to im�nediate abatement by the
city ofSan Luis Obispo's code enforcement officer. The city has a cofnpelling interest to proh�bit
the following signs to fu�ther the intent and purpose (Section 15.40.110) of these sign regulations
and to enforce local, state and fecleral law.
B. Banner signs are prohibited unless:
1. Approved in conjunction with a temporary or intermittent use permit or special
event permit; or
2. ,4pproved with a sagn peNmit as a tempora�^y sigrz pendrng manufactuNe and
installation of an approved permaner�t sign; or
3. Approved by the public works director over designated rights-of-way;
Correetive Action: The banner signs shall be removed from display.
A COPY OF THIS NOTdCE MZI,�T BE ATTACHED TO ALL APPLdCATIONS FOR A PERttidIT.
W"e request that you voluntar�ly ta�Ce action to correct the above noted diolation(s) no later than Januarv
12,�ZU19. These violations constitute a public nuisance and must be abated. Failure to correct the
vioiation�s) by the speci�ed date will result in the issuance of an Administrative Citation requiring
pay�nent af FINES in accc�rdance with SLOMC Chapter 1.24. For Municipal Code violations that
rcmain unc�rrected aftei• issuance af an Administrative Citation, the City may seek enforcement by other
civil or criminal remedies.
Attachment 4
283 &299 Higuera
December 13,201 S
Page 2
Any person having a title interest in the property may request a Direc�dr's review of this Notice by
completing the enclosed Request for Director's Review Form and submitcing it to the Community
Development Department via email at code@slocity.org or W 9 i 9 Pair�a Street. San Luis Obispo, CA
93406, within five (5) days af the date of this Notice. This NotiLe �il br: deemed tinal unless you
timely file a Request for Director's Review.
We look forward to working with you to resolve ti�e5� vi�lati�ns and would likc to thank you for your
efforts to maintain your property and to help pres+�•�� the saf�ty and beauty of our community. If you
have questions, please contact the undersigned C)F4`tcer a� �$U5}781-7179 or jmezzapesa@slocity.org.
5iricerely, _ �
�4�
John Me��apesa, Code �nf�rcemenL'QfFi4er f E � '
� t
Cc: File —-.; '-ai
Enclosures: �equcs�E t�r Directors Revie
<<,
Attachment 4
:-
�`_, ��: ;� � Community Development
f �r oi sr, � ,l i ! ,z��
� o , ��
---- � � � �
�
�
Notice of Violation
November 5, 2019
SUB CORPORATION LTD
PO BOX 1002
SAN LUIS OBISPO, CA 93406
SUBJECT ADDRESS: 283 - 299 H�GLIE.�.�.��1N L�sI� c iE31S�'a CA 934�I APN: 002-SQ1-007
Code Case#: COI]E-U0�$47-?U 1�
_ . ' �
Dear Property Owner,
On December 13, 2018 �City of San Luis Obispo Corzx�nu�ity Development Department supplied a Notice of
Violation addressing tlL�: ?�7�.nc�-�;�g �ic+�:tions of the S:�n C.uis Obispo Municipa�Code or other relevant codes
at the above listed ad�dr�ss:
1. San Luis Qhispv Municipal Cdde § 15.40.300 (B):Prohibited signs. Banner signs.
Our department was s�ippliG�4 a rr:que;st for investigation indicating that the above violations have been
repeated within a tw�I3•e-�c�n�h per��d. As described in San Luis Obispo Municipal Code § 1.24.050 (E),
repeated violations by t�'n::�;s�-n� pc�;on or the same property of the same code provisions within any twelve-
month period may result in the issuance of an administrative citation(s) imposing additional administrative
fines without notice of violation and/or notice to correct preceding the citation.
After inspection on November 4, 2019, it has been determined that some or all of the violations in the above-
mentioned list has re-occurred. The re-occurring violations and associated fees are listed in the attached
Administrative Citation.
We request that you voluntarily take action to correct the above noted violation(s) no later than November
15, 2019 to avoid additional citations.
We look forward to working with you to resolve these violations and would like to thank you for your efforts
to maintain your property and to help preserve the safety and beauty of our community. If you have
questions, please contact the undersigned Officer at(805) 781-7179 or jmezzapesa@slocity.org.
5incereiy,
]vh�i Mezzapesa, Code Enforcement Officer II
Cc: File
Enclosures: First Administrative Citation and Invoice, Administrative Citation Appeal Form, Original Notice
of Violation
Attachment 5
Ch. 15.40 Art. III Prohibited Signs � San Luis Obispo Municipal Code Page 1 of 3
15.40.300 Prohibited signs.
The city has a compelling interest to prohibit the following signs to further the findings and purpose(Section
15.40.110)of these sign regulations and to enforce local, state and federal law.All signs below are specifically
identified as prohibited with some exceptions, and any other signs not expressly provided for or exempted from
this chapter are prohibited. Sign types which, in the determination of the community development director, are
similar to those listed in this section or which are not described in these regulations are also prohibited.
A. Attention-Getting Devices. Pennants, streamers, spinners, balloons, inflatable signs, search lights, beacons,
flashing lights or messages and other similar attention-getting devices, unless authorized in conjunction with a
temporary use permit or special event permit, or architectural review,and provided the city's public works director
determines that such a sign will not create an unsafe distraction for users of the public right-of-way.
B. Banner signs are prohibited unless:
1. Approved in conjunction with an approved temporary or intermittent use, or outdoor event 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 for not more than thirty days or within a specified time frame as determined by the
community development director; or
3. Approved by the public works director over designated rights-of-way in compliance with Chapter 12.04
(Encroachments and Excavations); or
4. The sign is exempt under Section 15.40.200.
C. Backlit TranslucentAwning Signs. Any sign located on an awning that is translucent or semi-transparent and
illuminated from a light source under or within the awning.
D. OutdoorAdvertising Displays and Off-Site Signs. Outdoor advertising displays such as billboards, handheld signs,
mascots, and all off-site commercial signs that display advertising for a business, commodity, service,facility, or
other such matter that is not located, conducted, sold, or offered upon the premises where the sign is located are
prohibited within the city of San Luis Obispo.Any such outdoor advertising displays that are located within the
public right-of-way are considered off-site and are prohibited.The on-site/off-site distinction applies only to
commercial messages on signs.
E. Highly Reflective and Fluorescent5igns. Signs made wholly or partially of highly reflective material and
fluorescent or DayGlo painted signs.
F. Signs on Utiliry Poles or Traffic Control Devices. Signs attached or placed adjacent to any utility pole,traffic sign,
signal, or marking, or any other official traffic-control device, unless in accordance with the California Vehicle Code.
G. Signs on Street Trees. Any sign posted on a street tree.
The San Luis Obispo Municipal Code is current through Ordinance 1690, and legislation passed through December 1,
2020.
Attachment 5
Ch. 15.40 Art. III Prohibited Signs � San Luis Obispo Municipal Code Page 2 of 3
H. Signs That elock Ingress or Egress. Any sign, such as a sandwich board sign, placed or maintained so as to
interfere with free ingress to or egress from any door,window or fire escape, or parking lot.
I. Signs in the Street Right-of-Way. Any sign placed in any street right-of-way without a valid encroachment permit
or prior approval of the public works director for the purpose of safety or traffic control.
J. Simulated Traffic Signs. Any sign which simulates or imitates in size, color, lettering or design any traffic sign or
signal, or which makes use of words, symbols or characters in such a manner as to interfere with, mislead, or
confuse pedestrian or vehicular traffic.
K. Vehide Signs or Mobile Advertising Displays.
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Mobile billboard advertising displays and advertising signs on motor vehicles parked or left standing upon a public
street, except for advertising signs that are permanently affixed to the body of, an integral part of, or a fixture of a
motor vehicle for permanent decoration, identification, or display and that do not extend beyond the overall
length,width, or height of the vehicle, advertisement on license plate frames installed in compliance with Vehicle
Code Section 5201, and paper advertisements issued by a dealer contained within a license frame installed in
compliance with Vehicle Code Section 5201. For purposes of this section,"permanently affixed"means any of the
following: (1) painted directly on the body of a motor vehicle,(2)applied as a decal on the body of a motor vehicle,
or(3) placed in a location on the body of a motor vehicle that was specifically designed by a vehicle manufacturer
as defined in Vehicle Code Section 672 and licensed pursuant to Vehicle Code Section 11701, in compliance with
both state and federal law or guidelines,for the express purpose of containing an advertising sign.The city has
determined this prohibition is necessary because mobile advertising as a primary purpose inhibits the safe
movement of traffic, contributes to air pollution, and detracts from the overall aesthetics of the city.This
prohibition applies citywide irrespective of the content of the message or ideas expressed.
L. Prohibited or Unpermitted Uses. Any sign displaying a commercial message promoting a business that is not a
permitted use pursuant to Title 17(Zoning Regulations).
M. Roof Signs. Unless expressly allowed by Section 15.40.420, roof signs are prohibited in all zones.
N. Electronic Message Centers(EMC Signs)and Digital Display.
The San Luis Obispo Municipal Code is current through Ordinance 1690, and legislation passed through December 1,
2020.
Attachment 5
Ch. 15.40 Art. III Prohibited Signs � San Luis Obispo Municipal Code Page 3 of 3
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Signs using digital displays or other means to present images or messages.These signs typically use light emitting
diode(LED), liquid crystal display(LCD), plasma or other technology to present a series of still images,full motion
animation, or other text messages. (Does not apply where preempted by state law for fuel price signage or other
applicable codes.)
Exemption: City parking facilities are exempt from the EMC prohibition in order to provide information to the
public regarding parking availability.This exemption is necessary for the public health, safety, and welfare of the
community in order to manage unnecessary car trips and reduce greenhouse gas emissions resulting from
unnecessary vehicle parking space searches in city parking facilities and to minimize driver confusion and
distraction that can increase the likelihood of vehicle and pedestrian accidents and injuries. (Ord. 1667§ 3(2)(Exh.
A(part)), 2019)
The San Luis Obispo Municipal Code is current through Ordinance 1690, and legislation passed through
December 1, 2020.
Disclaimer:The City Clerk's Office has the official version of the San Luis Obispo Municipal Code. Users should
contact the City Clerk's Office for ordinances passed subsequent to the ordinance cited above.
Note:This site does not support Internet Explorer.To view this site, Code Publishing Company recommends using
one of the following browsers: Google Chrome, Firefox, or Safari.
City Website:wwwslocity.or�
City Telephone: (805)781-7100
Code Publishing Compan�
The San Luis Obispo Municipal Code is current through Ordinance 1690, and legislation passed through December 1,
2020.
Attachment 6
Mezzapesa, John
From: JotForm <noreply@jotform.com>
Sent: Thursday, December 6, 2018 9:47 PM
To: Code Enforcement
Subject: Field Investigation Request
Follow Up Flag: Follow up
Flag Status: Completed
Categories: Code Enforcement
Online Field Investigation Request
uestion Answer
Where did it happen? The Sub
The sign they have displayed is an awful lot larger than any other signs in that
What happened? neighborhood. How are they able to have such an ugly, large sign displayed on a major
thoroughfare in SLO?
Who was involved? A business.
What is their name? The Sub
What is the name of the The Sub
business?
What is the name and
phone number of the
Don't know
owner or property
manager?
Your name: -
Street Address:
City:
Your address: State/Province:
Postal/Zip Code:
Country:
Your phone number:
Your email address:
Would you like to be
advised of the results of Yes
this investigation?
How would you prefer to
be contacted? BY email.
4199708094012034363 - 141.126.86.104- Download Submission PDF
1
Attachment 7
' • • ' ' !� 1 :
Case Number: [Auto] Case Module: Permit Management
Inspection Date: 12/11/2018 Inspection Status: Failed
Inspector: John Mezzapesa Inspection Type: Initial Inspection
Job Address: 299 Higuera St Parcel Number: 002-501-007
San Luis Obispo,CA 93401
Contact Type Company Name Name
SUB CORPORATION LTD A CA CORI
Checklist Item Passed Comments
General Inspection Comments False Three banner signed were observed at the subbject address.
February 04,2021 Page 1 of 1
Dec 11 , 2018 at 12 : 11 : 45 PM
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Attachment 8
- .3,;i f - Cammunity De�elopment
��19 Palm 5treet,San Luis Obispo,CA 93401-3218
ua5.781.7170
Notice to Correct Code Violation(s)/Notice of Violation
(Courtesy Warning Prior to Issuance of Administrative Citation)
December 13, 2018
SUB CORPORATION LTD
PO BOX 1002
SAN LUIS OBISPO, CA 93406
SUBJECT ADDRESS: 283 & 299 HIGUERA SAN LUIS OBISPO, CA 93401 APN: 002-501-007
Code Case #: CODE-001746-2018
Dear Property Owner,
On December 11, 2018, City of San Luis Obispo Community Development Department staff noted the
following violations of the San Luis Obispo Municipal Code or other relevant codes at the above listed
address:
1. Three banner signs were observed attached to the buildin�s at the subject addresses.
San Luis Obispo Municipal Code § 15.40.300
Prohibited signs. The following signs a�e 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 puNpose (Section 15.40.110) of these sign regulations
and to enfo�ce local, state and federal law.
B. Banner signs are p�ohibited 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 app�oved permanent sign; or
3. App�oved by the public works director over designated rights-of-way;
Corrective Action: The banner signs shall be removed from display.
A COPY OF THIS NOTICE MUST BE ATTACHED TO ALL APPLICATIONS FOR A PERMIT.
We request that you voluntarily take action to correct the above noted violation(s) no later than January
12, 2019. These violations constitute a public nuisance and must be abated. Failure to correct the
violation(s) by the specified date will result in the issuance of an Administrative Citation requiring
payment of FINES in accordance with SLOMC Chapter 1.24. For Municipal Code violations that
remain uncorrected after issuance of an Administrative Citation, the City may seek enfarcement by other
civil or criminal remedies.
Attachment 8
283 & 299 Higuera
December 13, 2018
Page 2
Any person having a title interest in the property may request a Director's review of this Notice by
completing the enclosed Request for Director's Review Form and submitting it to the Community
Development Department via email at code@slocity.org or to 919 Palm Street, San Luis Obispo, CA
93406, within five (5) days of the date of this Notice. This Notice shall be deemed final unless you
timely file a Request for Director's Review.
We look forward to working with you to resolve these violations and would like to thank you for your
efforts to maintain your property and to help preserve the safety and beauty of our community. If you
have questions,please contact the undersigned Officer at(805) 781-7179 or jmezzapesa@slocity.org.
Sincerely,
John Mezzapesa, Code Enforcement Officer II
Cc: File
Enclosures: Request for Directors Review
Attachment 9
' • • ' • � 1 :
Case Number: CODE-001746-2018 Case Module: Permit Management
Inspection Date: 01/15/2019 Inspection Status: Completed
Inspector: John Mezzapesa Inspection Type: Code Violation
Job Address: 299 Higuera St Parcel Number: 002-501-007
San Luis Obispo,CA 93401
Contact Type Company Name Name
SUB CORPORATION LTD A CA CORI
Property Owner SUB CORPORATION LTD A CA CORI
Checklist Item Passed Comments
General Inspection Comments True Banner signs have been removed.
February 04,2021 Page 1 of 1
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Attachment l0
• • , � ' • � 11 �
Case Type: Code Enforcement Assigned To Opened Date: 12/12/2018
Address: 299 Higuera St Status: Compliant Closed Date: 01/15/2019
San Luis Obispo,CA 93401
Activity Date Created By Activity Type Activity Name Comments
12/12/2018 John Mezzapesa Inspection 12/11/18 See request INQR-2018-1164 for initial
investigation/inspections
12/13/2018 John Mezzapesa Notice of Violation 12/13/18 Sent to the PO and subject address via first
class mail.
01/16/2019 John Mezzapesa Inspection 1/15/19 See inspection CODE-22333-2018 for
notes/photos
February 04,2021 Page 1 of 1
Attachment 12
' • • ' ' !� 1 1 �
Case Number: [Auto] Case Module: Permit Management
Inspection Date: 11/04/2019 Inspection Status: Failed
Inspector: John Mezzapesa Inspection Type: Initial Inspection
Job Address: 299 Higuera St Parcel Number: 002-501-007
San Luis Obispo,CA 93401
Contact Type Company Name Name
SUB CORPORATION LTD A CA CORI
Checklist Item Passed Comments
General Inspection Comments False Inspection from right of way found two banners affixed to the
building.
February 04,2021 Page 1 of 1
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Attachment 12
� ' ��,,
�' ,. , � ' ;�i� "� Community Development
1 ���� � � 919 Palm Stree�,San Luis Obispo,CA�3401 3213
r�`_ �� 805.781 7170
� ;;irl ory
❑eclaration of Service and Posting of Not�ce
SUBJECT ADQRESS: 283-299 HIGUERA SAN LUIS ❑81SP0, CA 93401
CASE NO.: CODE-000847-2019 Citation No.: 19413 Officer: J. MEZZAPESA
I/we, the undersigned, declare that at all times herein mentioned, I/we were and now are a duly authorized
employee(s) of the Community Development Department, City of San Luis Obispo, State of California; that
pursuant to Section 1.24.050G of the San Luis Obispo Municipal Code (SLOMC), Section 1101.4 of the
Uniform Housing Code, or Section 401.4 of the Uniform Code for the Abatement of Dangerous Buildings, as
adopted by 5ection 15.�2.�1� of the San Luis ❑bispa Municipai Code, ilwe deposited in a receptacle for the
�1.5. Posfal S�rvi�e, in � sealed en�elope, pastag� prepaid, by x regu€ar mail, andlor K certified mail, return
receipt requested the following:
A Notice to Correct,
� Notice of Violation,
� Administrative Citation,
Stop-Work Notice,
Notice of Hearing,
Notice of Proposed Lien,
Notice of Special Assessment
Notifying the owner of the property of the subject address referenced above of violations of the San Luis
Obispo Municipal Code existing on the property and/or of related abatement proceedings.
The above notice was sent to each person having an interest in the property at their respective addresses as
listed in the Notice, and a copy of the notice was posted at the subject address.
I declare under penalty of perjury that the foregoing is true and correct.
Executed this 5th day of November , 2019, San Luis Obispo, California
Officer or clerk effecting service by mail:
(Print Name) (Signature) (Time/date)
Officer effecting service by posting:
(Print Name) (Signature) (Time/date)
� -�� .
Attachment 12
- -- .
' ��-`�, Community Development
��� ' ,��
`�-��y � �1y I7alm Street.San Luis ObisF�o.f,A 93401-3218
�� 805 781 7170
Notice of Violation
November 5, 2019
SUB CORPORATION LTD
PO BOX 1002
SAN LUIS OBISPO, CA 93406
SUBJECT ADDRESS: 283 -299 HIGUERA SAN I_L]IS OB[SPa,CA 33401 APN: 002-501-007
Code Case #: CODE-000847-2019
Dear Property Owner,
On December 13, 2018 City of San Luis Obispo Community Development Department supplied a Notice of
Violation addressing the following violations of the San Luis Obispo Municipal Code or other relevant codes
at the above listed address:
1. San Luis Obispo Municipal Code § 15.40.300 (B):Prohibited signs. Banner signs.
Our department was supplied a request for investigation indicating that the above violations have been
repeated within a twelve-month period. As described in San Luis Obispo Municipal Code § 1.24.050 (E),
repeated violations by the same person or the same property of the same code provisions within any twelve-
month period may result in the issuance of an administrative citation(s) imposing additional administrative
fines without notice of violation and/or notice to correct preceding the citation.
After inspection on November 4, 2019, it has been determined that some or all of the violations in the above-
mentioned list has re-occurred. The re-occurring violations and associated fees are listed in the attached
Administrative Citation.
We request that you voluntarily take action to correct the above noted violation(s) no later than November
15, 2019 to avoid additional citations.
We look forward to warking with you to resolve these violations and would like to thank you for your efforts
to maintain your property and to help preserve the safety and beauty of our community. If you have
questions,please contact the undersigned Officer at(805) 781-7179 or jmezzapesa@slocity.org.
Sincerely,
1oh� Mezzapesa, Code Enforcement Officer II
Cc: File
Enclosures: First Administrative Citation and Invoice, Administrative Citation Appeal Form, Original Notice
of Violation
Attachment 12
Citation No.: 19413
�' ' ADMINISTRATIVE CITATION
� �"a!�.d , Communicy �evelopment AND ORDER TO COMPLY WITH
' '' i��i �-
- 19 Palm Street,San Luis Obispo,CA 93401-3218 SAN LUIS OBISPO MUNICIPAL CODE
� a05.781 7170
�� ry or�
� 15t Citation �i 2"d Citation � 3�d Citation LJ Additional / Daily Fines
ADDRESS OF VIOLATION: 283-299 HIGUERA SLO, CA 93401 APN: 002-501-007
DATE OF VIOLATION: NOVEMBER 4, 2019
NAME: SUB CORPORATION LTD
ADDRESS: PO BOX 1002 SAN LUIS OBISPO, CA 93406
PURSUANT TO CHAPTER 1.24 OF THE SAN LUIS OBISPO MUNICIPAL CODE, YOU ARE HEREBY
ORDERED TO IMMEDIATELY CORRECT THE VIOLATION(S) DESCRIBED BELOW AND PAY THE FINE.
YOU ARE FURTHER ORDERED TO CEASE THE ACTIVITY GIVING RISE TO THE VIOLATION. WHEN
CORRECTIONS ARE COMPLETE PLEASE SCHEDULE AN INSPECTION BY CALLING (805)781-7180. TO
AVOID ADDITIONAL FINES COMPLIANCE MUST BE VERIFIED BY DEPARTMENT STAFF. IF DAILY FINES
APPLY AS NOTED ABOVE, THE FINES SHALL ACCRUE DAILY UNTIL THE VIOLATION(S) ARE
CORRECTED. FAILURE TO CORRECT THE VIOLATION(S) WILL RESULT IN THE ISSUANCE OF
ADDITIONAL ADMINISTRATIVE CITATIONS AND ESCALATING FINES OR OTHER ENFORCEMENT
ACTION.
CODE SECTION DESCRIPTION OF VIOLATION FINE
SLOMC § 15.40.300 Prohibited signs. Banner signs :$100
Amount Due (or subtotal if daily fine) :$100
Failure to pay the fines may result in the suspension of any pending applications or permits. Unpaid
fines become delinquent after 30 days and are subject to interest accrual of 8% per month as contained
in SLOMC 1.24.070 C. Delinquent fines are also subject to the special assessment and lien procedure
contained in SLOMC 1.24.150. This may result in the imposition of a lien or special assessment against
the property in the amount of any unpaid fines.
Mail Payments to: City of San Luis Obispo, Community Development Department
919 Palm Street, San Luis Obispo, CA 93401
You may file an APPEAL of this Administrative Citation by submitting a request in writing to the
Hearing Administrator within ten days of the date this Administrative Citation is issued as shown
below. Each responsible party is individually required to file an appeal. FAILURE TO FILE AN
APPEAL WILL WAIVE YOUR RIGHT TO CONTEST THIS CITATION. Please see the attached
Appeal Form for more information.
Mail Appeals to: City of San Luis Obispo, City Clerk
990 Palm Street, San L ' Obispo, CA 93401
Issued By: J Mezzapesa Signature: Title: Code Enforcement Officer II
RELATED CE CASE: COaE-��QB 7-20�9 DATE CITATION ISSUED: November 5, 2019
Attachment 12
•
TO:
SUB CORPORATION LTD A CA CORP ' '�
150 Pismo St � - +++ til
Slo,CA 93401 { � �,z
s
�� �y��
`-*ti,...,-r=
INVOICE NUMBER INVOICE DATE INVOICE DUE DATE INVOICE STATUS INVOICE DESCRIPTION
00019413 11/05/2019 12/05/2019 Due 299 Higuera.FirstAdministrative
Citation.SLOMC§15.40.300(B)
REFERENCE NUMBER DESCRIPTION TOTAL
CODE-000847-2019 CE 1st Admin Citation $100.00
SUB TOTAL $100.00
TOTAL $100.00
November O6,2019 � ` Page 1 of 1
Attachment 12
Rev.6/2017
�' -��� Administrati�e Citation App�a� F�rm
ti . ' � �r
I` �° This request to appeal must be received by the City Clerk
- � within 10 days of date of the citation to be considered timely filed.
P/ease submit any supporting documenfs or photos wifh this form.
1. Appellant. Mr./Mrs./Ms. Name
Phone Email
Mailing Address
City State Zip Code
(If Applicable)
Business Name Business LicensP#
2. Interest in Citation. (Place X in front of selection)
A.Charged personally B.Charged as the C.Acting as the legally authorized Agent
owner of the property of the cited business or homeowner
�
3. Administrative Citation. Date of Citation Citation Number
Address of property cited or location where an individual was cited: •
Citation Address ••
City State Zip Code �
•
Municipal code section(s)violated:
Code violation(s) being appealed:
4. Reason for appeal.
Give a brief statement of why you are appealing and why the notice of violation/administrative citation
should be revoked, modified or otherwise set aside. The AMOUNT of the fine cannot be reduced on
appeal.Attach additional sheets as necessary.Any documents or photos you wish to submit in support
of your appeal should be included with this form. (number of sheets attached }
Questions about this form or the appeal process?
Contact the City Attorney's Office at Room 10, City Hall (990 Palm Street) or(805)781-7140
� _ Administrative Citation Appeal Form
,��
l �u , �
��.,' Questions about this form or the appeal process?
--- Contact the City Attorney's Office at Room 10, City Hall (990 Palm Street) or(805)781-7140
5. Electlon of Appeal Process.
Note:A!1 Administrative Citations written for violation of Title 15 of the Municipal Code (building and
related codesJ,even if other code violations are also cited, will be auiomatically heard by the Construction
800rd of A,�peals. Election of Hearing Officer review is not valid and your check for$281 must accompany
this appeal form.
For Administrative Citations that do not charge a violation of Title 15, you must make a choice of an
appeal process. (1)At no charge,you may choose an expedited, less formal appeal process of review by
a Hearins Officer,whose final decision may be appealed directly to the superior court for de novo review
pursuant to Government Code Section 53069.4.(2)However,if you wish to retain your right to challenge
the Administrative Citation,or any final city action related to the citation,in court by any writ action,you
must appeal to the Administrati�e RQ�i�w 8oard for a more formal, comprehensive hearing to ensure
preparation of an adequate administrative record, and pay an appeal fee of$281.
Only one appeal process may be chosen, and once chosen, the election is final. Failure to make a
selection will result in the appeal being assigned to a Hearing�fficer for re�iew and will constitute a
failure to exhaust administrative remedies for purposes of any subsequently filed writ action.
i have read the above anc�ehoose: (Place X in front of selection)
A. My administrative citation includes a Title 15 violation requiring review by the Construction ,
Saard of A ea�s. My check for$281 is enclosed
B.More formal appeal to Administrative Re�iew Board. My check for$281 is enclosed.
C. Expedited appeal to Hearing�fficev
6. Election to forego an in-person hearing.
It is your right under San Luis Obispo Municipal Code Section 1.24, no matter which appeal process is
chosen, to have an in-person hearing. If you choose, you may forego this right and have your appeal
reviewed on the record,which will include all documents you submit and all those provided by the City.
By checking this box I am indicating I do not want an in-person hearing�
7. Truth of Appeal. I declare under penalty of perjury that all of the facts stated in this appeal are true and
that this appeal form was signed on: at
Date City State
If different from the address in Paragraph 1,the official mailing address to receive further notices from
City relating to the appeal is:
Street Address City State Zip
Signature of Appellant Print name of Appellant
Mail or Deliver in person to:
City Clerk's Office, 990 Palm St., San Luis Obispo, CA 93401
Attachment 12
:�
-�
,�;� ���,- Community Development
` ��u � 919 Palm Slreet,San Luis Obispo.CA 93401-3218 �
�� ���' 805 781 7170
-- -J.
Notice to Correct Code Violation(s)/Notice of Violation
(Courtesy Warning Prior to Issuance of Admin�strati�e CitatiaE�)
December 13, 2018
� �
SUB CORPORATION LTD �
PO BOX 1002
SAN LUIS OBISPO, CA 93406 �_
SUBJECT ADDRESS: 283 &299 I��iGU�:Fi�1 5A�! LUiS Daf5P� CA 93401 APN: 002-501-007
Code Case#: CODE-001746-20I$ �
Dear Property Owner,
On December 11, 20l$, �ity af'San Luis Obispo Comrnunity Development Department staff noted the
following vio[aiic�ns of tl�e San Luis 4f�ispa Munics�al Code or other relevant codes at the above listed
address:
1. Three ba�ir�er si�ns were observed attaclZed_to the buildin�s at the subject addresses.
San Luis Df�is�n Municipal Cade § 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;
Corrective Action: The banner signs shall be removed from display.
A COPY OF THIS NOTICE MUST BE ATTACHED TO ALL APPLICATIONS FOR A PERMIT.
We request that you voluntarily take action to correct the above noted violation(s) no later than Januarv
12, 2019. These violations constitute a public nuisance and must be abated. Failure to correct the
violation(s) by the specified date will result in the issuance of an Administrative Citation requiring
payment of FINES in accordance with SLOMC Chapter 1.24. For Municipal Code violations that
remain uncorrected after issuance of an Administrative Citation,the City may seek enforcement by other
civil or criminal remedies.
Attachment 12
283 &299 Higuera
December 13,2018
Pa�e 2 �
Any person having a title interest in the property may request a ❑irectc�r•'s review of this Notice by
completing the enclosed Request for Director's Review Form and s�zbrnitting it to the Community
Development Department via email at code@slocity.org or to y I�� 1'al��i St�•eet, San Luis Obispo, CA
93406, within five (5) days of the date of this Notice. This Notiee shall �e deemed tinal unless you
timely file a Request for Director's Review.
We look forward to working with you to resolve t�ese �io��tians and would I��:e cn thank you for your
efforts to maintain your property and to help preserve tkie sA�'�ty and beauty of our community. If you
have questions,please contact the undersigned(?tficer a[ �805� ?81-7179 or jmezzapesa@slocity.org.
Sincerely,
� .
John Mezzapesa, Code L311orcement D1'��er II �
r
Cc: File �
Enclosures: Requcst t:or Directors [teview
Attachment 13
1.24.050 Abatement of unlawful conditions—Notice � San Luis Obispo Municipal Code Page 1 of 2
1.24.050 Abatement of unlawful conditions—Notice.
A. Inspections. Whenever city staff has inspected a property and finds that conditions constituting a violation of
the municipal code exist thereon,the director may use the procedures set forth in this chapter to abate such
nuisance as authorized by law.
B. Notice of Violation and Administrative Citation Issuance. The director may issue a notice of violation, notice to
correct and/or administrative citation for a violation to any person or persons if the director has determined,
through investigation, a violation exists.A person to whom an administrative citation is issued shall be liable for
and shall pay to the city the administrative fine or fines described in the citation when due pursuant to the
provisions of this chapter.
C. Development Review Conditions. Every person who applies for and receives a permit, license, or any type of land
use approval (such as, but not limited to, a development review approval, a subdivision map approval, a
conditional or special use permit, a zoning requirement modification, a variance, or other discretionary approval)
shall comply with all mandatory approval conditions imposed upon the issuance of the permit, license, or other
such approval. If a person violates any condition of such permit, license, or similar land use approval,that person
may be issued a notice of violation, notice to correct, and/or administrative citation and may be held responsible
for administrative fines under the provisions of this chapter.
D. Continuing Violations. Except as provided elsewhere in the municipal code, each day a violation of this code
exists shall be a separate and distinct violation and may be subject to a separate administrative fine. Certain
provisions of this code, including but not limited to those relating to noise and unruly gatherings, provide that
each hour that a violation exists shall be a separate and distinct violation.An administrative citation may charge a
violation for one or more days or hours, as applicable, on which a violation exists and for violation of one or more
applicable code sections.
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.
F. Contents of Notice of Violation, Notice to Correct and/orAdministrative Citation. The director shall generally issue
a notice of violation, notice to correct and/or administrative citation to person(s) responsible for a code violation
as set forth in Section 1.24.030(L).The administrative citation guidelines as approved by the city council pursuant
to Section 1.24.010 shall, among other things, identify those items of information which must be contained in the
notice of violation and/or administrative citation issued to persons and alleging a violation of the municipal code,
but must, at a minimum, inform the responsible person of the nature of the violation charged, any right to correct
The San Luis Obispo Municipal Code is current through Ordinance 1690, and legislation passed through December 1,
2020.
Attachment 13
1.24.050 Abatement of unlawful conditions—Notice � San Luis Obispo Municipal Code Page 2 of 2
the violation, and/or the right to appeal any citation, as well as the process by which to verify to the city the
correction of violation(s)and/or the process to appeal citations.
G. Service. The notice of violation, notice to correct and/or administrative citation and any amended notice of
violation and/or administrative citation shall be served by mail or personal service or posted on the property
where the code violation is occurring in the manner provided for in the approved administrative citation
guidelines.
H. Proof of Service. Proof of personal service of the notice of violation and/or administrative citation shall be
documented as provided for in the approved administrative citation guidelines. (Ord. 1648§ 1, 2018; Ord. 1625 § 1
(part),2015)
The San Luis Obispo Municipal Code is current through Ordinance 1690, and legislation passed through
December 1, 2020.
Disclaimer:The City Clerk's Office has the official version of the San Luis Obispo Municipal Code. Users should
contact the City Clerk's Office for ordinances passed subsequent to the ordinance cited above.
Note:This site does not support Internet Explorer.To view this site, Code Publishing Company recommends using
one of the following browsers: Google Chrome, Firefox, or Safari.
Cit�Website:www.slocity.org
City Telephone: (805)781-7100
Code Publishing Company
The San Luis Obispo Municipal Code is current through Ordinance 1690, and legislation passed through December 1,
2020.
' b u�� Bq�N��-r A2� l St ,�I�E��r�t nrr l
�S u E S � Attachment 14
. . 7nty A2� Ncrf rnrtMc,24�o�, Gv�NT� ��c o�'►IE2c�cs� S�Bd'� RECEIVED
� ,A►dminis��rative���itation Appeal For NOV 15
,;, ,�,,� 2019
��- '� This re uest to a eal must be recei�ed b the Cit C�er
e
- � 4 PP Y Y 5L(? CITY CLERK
within 10 days of date of the citation to be considered timely fi e .
Please submit any supporting documents or photos with this form.
1. Appellant. Mr./Mrs./Ms. Name ��� ��cN��2�c LJ t�=1Z�2,1s
Phone 8�S 704-'8 t t 3 Email 12F�R2�S � S.13RS.F3 t Z
Mailing Address 3G$ �tZA NCN- ��
CitySAnr �� 06+� State �<< Zip Code 93��
(If Applicable) �
Business Name �c�� �OR�?UR.A I]uN- �Business lir.ensP# �
2. Interest in Citation.(Place X in front of selection)
A.Charged personally �B.Charged as the C.Acting as the legally authorized Agent
owner of the property of the cited business or homeowner
3. Administrative Citation.Date of Citation l t Citation Number ��4-�3
Address of property cited or location where an individual was cited: •
..
Citation Address '7..4 5 /y1GuER/a S�
City SA� �� �b�s{Jp � �fJ�ti�C S#ate �J��'C Zip Code �3��� �
\ •
Municipal code section(s)violated: �5.4��3�v
Code violation(s)being appealed: �5.�0 .3 C��
4. Reason for appeal.
Give a brief statement of why you are appealing and why the notice of violation/administrative citation
should be revoked, modified or otherwise set aside. The AMOUNT of the fine cannot be reduced on
appeal.Attach additional sheets as necessary.Any documents or photos you wish to submit in support
of your appeal should be included with this form.(number of sheets attached )
j NF CIT�/ Co�Dr� rOQ� /JBoµT CoMM'(�G►AL S� �V�,.i7' St�hr��t�
Ou2 $AnINE2! /liI1G �Rb� $PEE,C�N t��GS rOn� AR.� YVO( Su(j)E�
1
�-� y��2 �,��,�R�,� �.,� -�U �� r� ��F���.��� !
• �R�eE SPEK;� �go�,T � CUR�1EnT Ctt�/ CRLStJ T�JoT ►S BE►�c� tG}rvOlL6�
!�c (�t+�R6 ou2 du� Pro c:Fd1 R�6 H T� 1��� J�No 2Eo �u� �h5`
L1 � C�, d l ti' G o o G�
o — C��tCE��` �f � oo � � -� ��� /+�eN�
on� ,� cc��MGs � � p � �'
e � ns a6out this f rm or the e �
Qu stio o app al process.
Contact the City Attorney's Office at Room 10, City Hall (990 Palm Street) or(805)781-7140
v�NY A2En►t ,o� vf �oN. c��c62.rED ,�
��Irslt�
' �tc�(Ec1 c.P t�r��-��n �t' aKti P.O. 3�x �� CN/�Ct6�N6 �.�l': � A�1 A 100°' �j,,/� �
� �S�b�`r�l�,� Nd �' �Ol�uc��rs �►� A '�.6Ar��„�iZe. 14�6w1 pro�E sS � Attachment 14
Y
1ry Admir�istrati�e Cit�tion Appeai Form
�'���!� t
�
• �` Questions about this form or the appeal process?
- - - Cvn#act the City Attorney's Office at Room 10, City Hall (990 Palm Street) or 175}781-7140
5. Election of Appeal Process.
Note:All Admil�{st�rarive Citations written for violation of Title 15 of the Mur�icip Code (building and
related codesJ,ev�n if other code violations are also cited, will be automatically h rd by the Construction
8oard o A eafs.F��,ctran of Hearing Officer review is not valid and your check r$281 must accompany
this appea!form. �
For Administrative Citati� s that do not charge a violation of Title 15, nu must make a choice of an
appeal process.(1)At no ch�rge,you may choose an expedited, less fo al appeal process of review by
a Hearins Officer,whose finaE` ecisivn may be appealed directly to th superiar court for de novo review
pursuant to Government Code�ction 53069.4.(2)However,if you ish to retain your right to challenge
the Administrative Citation,or any.�final city action related to the ` atian, in court by any writ action,you
must appeal to the Administrative'ReView 6oard for a more f mal, comprehensive hearing to ensure
preparation of an adequate administ tiWe record, and pay an ppeal fee of$281.
Only one appeal process may be chos , and once cho en. the election is final. Failure to make a
selection will result in the appeal being a ig�ned to a aring Officer for review and will constitute a
failure to exhaust administrative remedies r purpos s of any subsequently filed writ action.
t ha�e read t�h�abave and choase: (Place X in fra of selection)
A. My administrative citation includes a Titl violation requiring review by the Construction
Baafd of Appeals. My check for$281 is enc€z�se
B.More formal appeal to Administrativ eview ard. My check for$281 is enclosed.
C. Expedited appeal to Hearin �fficer
6. Election to forego an in-person hear€ng
It is your right under San Luis Obispo unicipal Code Section .24, no matter which appeal process is
chosen, to have an in-person heari� . If you choose, you may orega this right and have your appeal
reviewed on the record,which will,fr�Glude all documents you sub it and all those provided by the City.
By checking this box I am indic �ing I do not want an in-person h�earin �
7. Truth of Appeal. I declare cier penalty of perjury that all of the facts sta ed in this appeal are true and
that this appeal form r+v signed on: at �
Date City State
If different from t address in Paragraph 1,the official mailing address to receive rther notices from
City relating to t e appeal is:
Street Addre s City State Zip
Signa re of Appellant Print name of Appellant
Mail or Deliver in person to:
City Clerk's Office, 990 Palm St., San Luis Obispo, CA 934�4�-
.1 � ,�,� E nro�►��� d
�ul� I��� N�n� �2� �2.s ^ � I
� t" �t�l� � � �� � 2 C�R�I�A r�-'E�
�
���L�� � � � �
�� ' Attachment 14
� ' Citation No.: 19413
'��-- -''`� ADMINISTRATIVE CITATION
''�,!"``���+-� Community Development AND ORDER TO COMPLY WITH
� „�+�- .
� ;9 t��in�Skre�=t.Sai�Ltiis Obispc�.CI;93A01-3218
�,�� .�5.,3�, „7� SAN LUIS OBISPO MUNICIPAL CODE
e
x 1 St Citation � 2"d Citation � � 3�d Citation � � Additional / Daily Fines
ADDRESS OF VIOLATION: 283-299 HIGUERA SLO, CA 93401 APN: 002-501-007
DATE OF VIOLATION: NOVEMBER 4, 2019
NAME: SUB CORPORATION LTD
ADDRESS: PO BOX 1002 SAN LUIS OBISPO, CA 93406
PURSUANT TO CHAPTER 1.24 OF THE SAN LUIS OBISPO MUNiCIPAL CODE, YOU ARE HEREBY
ORDERED TO IMMEDIATELY CORRECT THE VIOLATION(S) DESCRIBED BELOW AND PAY THE FINE.
YOU ARE FURTHER ORDERED TO CEASE THE ACTIVITY GIVING R15E TO THE VIOLATION. WHEN
CORRECTIONS ARE COMPLETE PLEASE SCHEDULE AN INSPECTION BY CALLING (805)781-7180. TO
AVOID ADDITIONAL FINES COMPLIANCE MUST BE VERIFIED BY DEPARTMENT STAFF. IF DAILY FINES
APPLY AS NOTED ABOVE, THE FINES SHALL ACCRUE DAILY UNTIL THE VIOLATION(S) ARE
CORRECTED. FAILURE TO CORRECT THE VIOLATION(S) WILL RESULT IN THE ISSUANCE OF
ADDITIONAL ADMINISTRATIVE CITATIONS AND ESCALATING FINES OR OTHER ENFORCEMENT
ACTION.
�CODE SECTION DESCRIPTION OF VIOLATION FINE
�SLOMC § 15.40.300 Prohibited signs. Banner signs :$100
Amount Due (or subtotal if daily fine) $100
Jf l�l�i1��.�innc �.,�.I�e-�'�B�-l4��M�A�If�T 9�1€ --��-r�e. �a�s����} }�ecria�
Failure to pay the fines may result in the suspension of any pending applications or permits. Unpaid
fines become delinquent after 30 days and are subject to interest accrual of 8% per month as contained
in SLOMC 1.24.070 C. Delinquent fines are also subject to the special assessment and lien procedure
contained in SLOMC 1.24.150. This may result in the imposition of a lien or special assessment against
the property in the amount of any unpaid fines.
Mail Payments to: City of San Luis Obispo, Community Development Department
919 Palm Street, San Luis Obispo, CA 93401
You may file an APPEAL of this Administrative Citation by submitting a request in writing to the
Hearing Administrator within ten days of the date this Administrative Citation is issued as shown
below. Each responsible party is individually required to file an appeal. FAILURE TO FILE AN
APPEAL WILL WAIVE YOUR RIGHT TO CONTEST THIS CITATION. Please see the attached
Appeal Form for more information.
Mail Appeals to: City of San Luis Obispo, City Clerk
990 Palm Street, San L ' Obispo, CA 93401
Issued By: J Mezzapesa Signature: Title: C�de �nfv�cerne�t 4fffcer II
RELATED CE CASE: CODE-0008 7-2019 DATE CITATION ISSUED: November 5, 2019
r , Attachment 14
•
TO:
SUB CORPORATION LTD A CA CORP � w
150 Pismo St
.���e a 1^1t �
Slo,CA 93401 � i
ti
��.h.. S�fA
�a'f�
rrrYY-i
INVOICE NUMBER INVOICE DATE INVOICE DUE DATE INVOICE STATUS INVOICE DESCRIPTION
00019413 11/05/2019 12/05/2019 Due 299 Higuera.First Administrative
Citation.SLOMC§15.40.300(B)
REFERENCE NUMBER DESCRIPTION TOTAL
CODE-000847-2019 CE 1st Admin Citation $100.00
SUB TOTAL $100.00
TOTAL $100.00
November O5,2019 Page 1 of 7
Attachment 14
�•�
,,, i�r s � Community Development
±� +� �� 919 Palm 5treet,San Luis Obispo,CA 93401-3218
ti `'�.�� 805 781 7170 �
Notice to Correct Code Violation(s)/Notice v��'Violation
(Courtesy Warning Prior to Issuance of Atim'tnisirative Citation)
December 13, 2018
r
SUB CORPORATION LTD _,�' ,
PO BOX 1002
SAN LUIS OBISPO, CA 93406 '�, -
SUBJECT ADDRESS: 283 & 299 f�fIGL1�RA SAN 1.sU�S �BISP�C] CA 934Q l APN: 002-501-007
Code Case#: con�-oo����-20�s ,� .�,
Dear Property Owner,
On December 11, 201 k�, Ciiy of Sian Luis Obispo ComEnunity Development Department staff noted the
following vi�lations oF the San Luis Ul�is�� Municipal Code or other relevant codes at the above listed
address:
l. Three k�anner si�;n�_were c�hsei-v_eci a�:tacEleci tca the builr�in�s at tlZe sub�ect addresses.
San Luis Obispa Munici��! Cnde § 15.40.300
Prohibited signs. The following signs are prohibited and subject to immediate abatement by the
ciry 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. App�oved with a sign permil 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;
Corrective Action: The banner signs shall be removed from display.
A COPY OF THIS NOTICE MUST BE ATTACHED TO ALL APPLICATIONS FOR A PERMIT.
We request that you voluntarily take action to correct the above noted violation(s) no later than Januarv
12, 2019. These violations constitute a public nuisance and must be abated. Failure to correct the
violation(s) by the specified date will result in the issuance of an Administrative Citation requiring
payment of FINES in accordance with SLOMC Chapter 1.24. For Municipal Code violations that
remain uncorrected after issuance of an Administrative Citation, the City may seek enforcement by other
civil or criminal remedies.
Attachment 14
283 &299 Higuera
December 13,2018
Page 2
Any person having a title interest in the property may request a Dire:ct��r's review of this Notice by
completing the enclosed Request for Director's Review Form and subr�ittin� it to the Community
Development Department via email at code@slocity.org or t� �19 ['Gilm Street, San Luis Obispo, CA
93406, within five (5) days of the date of this Notice. Th�s Nvtice sk�al! be deemed final unless you
timely file a Request for Director's Review.
We look forward to working with you to resolve t��se vialatians and would like to thank you for your
efforts to maintain your property and to help preserve tl�� satety anr3 beauty of our community. If you
have questions,please contact the undersigned{?f'ficer at ($!J5) 781-7179 or jmezzapesa@slocity.org.
Sincerely,
�
John Mezzapesa, Code Cnforee����i�t�}CFi�er Ii
Cc: File ` fa
Enclosures: Reqttest ti�r Directors Review
�
Attachment 14
►
.�-�,
�� ,;, ;. - City Attorney's Office
� � , I�{ .
�- 99Q Palm 5freet,San Luis Obispo,CA 93401-3249
'�. �° 805.781.7140
� slociry.arg
November 19,2019
Richard Ferris
365 Branch St.
San Luis Obispo, CA 93401
Email: rferris@sdrs.biz
Re: Request to Appeal Administrative Citation-ADM 19413
Mr. Ferris:
On November 15, 2019,the City of San Luis Obispo received your request to appeal the
above referenced Administrative Citation. This request was incomplete and is therefore rejected.
The reason(s)for this rejection include,but are not necessarily limited to:
Your citation included a Title 1 S violation which requires review by the Construction Board
ofAppeals. The second page ofyour appeal form was incomplete. Please complete and return the
enclosed Administrative Citation Appeal Form along with a check in the amount of$281.
If you choose to do so, within ten (10) days of the date of this letter, the City Clerk's Office
must receive a written appeal that complies with the requirements of Chapter 1.24 of the City of San
Luis Obispo Municipal Code,which governs administrative citations and appeals(specifically,Section
1.24.100(C)Contents of Appeal). If no compliant request to appeal is timely received,this appeal will
be deemed abandoned and payment of the related fines will be due.
The Municipal Code is available on the City's website, ���ti�w,slc�c�.��.c�r� or by contacting the
City Clerk's Office. For your convenience,a form has been enclosed to capture the necessary
information. If you have any questions,please contact me at(805) 781 —7139 or
sl�l'�x.r slacih�.nr�.
S.i�cerely,
r
, =
� �:
'She yE ox
Legal Assistant, City of San Luis Obispo
Enc.: Appeal Form
Copy of date stamped letter
Attachment 14
Rev.6/2017
s -
Adm�nistrative Citation Appeal Form
��, i`• f��l - - - . .. -. - - -
,�' This re uest to a eal mus# he re '
� �� q pp cer�ed by the City Clerk
--f within 10 days of date of the citation to be considered timely filed.
Please submit any supporting documents or photos with this form.
1. Appellant. Mr./Mrs./Ms. Name
Phone Email
Mailing Address
City State Zip Code
(If Applicable)
Business Name Business License#
2. Interest in Citation. (Place X in front of selection)
A. Charged personally B. Charged as the C.Acting as the legally authorized Agent
owner of the property of the cited business or homeowner
�
3. Administrative Citation. Date of Citation Citation Number
Address of property cited or Iocation where an individual was cited: �
..
Citation Address
.
City State Zip Code
•
Municipal code section(s)violated:
Code violation(s) being appealed:
4. Reason for appeal.
Give a brief statement of why you are appealing and why the notice of violation/administrative citation
should be revoked, modified or otherwise set aside. The AMOUNT of the fine cannot be reduced on
appeal. Attach additional sheets as necessary. Any documents or photos you wish to submit in support
of your appeal should be included with this form. (number of sheets attached )
Questions about this form or the appeal process?
Contact the City Attorney's Office at Room 10, City Hall (990 Palm Street) or (805)781-7140
Attachment 14
� �'. Administrative Citation Appea! Form
t ���•,� --
� �;! Questions about this form or the appeal process?
- -- Contact the City Attorney's Office at Room 10, City Hall (990 Palm Street) or (805)781-7140
5. Election of Appeal Process.
Note: All Administrative Citations written for violation of Title 15 of the Municipal Code (building and
related codes), even if other code violations are also cited, will be automatically heard by the Constru�tron
Bnard of Appe�rfs. Election of Hearing Officer review is not valid and your check for$281 must accompany
this appeal form.
For Administrative Citations that do not charge a violation of Title 15, you must make a choice of an
appeal process. (1) At no charge, you may choose an expedited, less formal appeal process of review by
a Hearin�Officer,whose final decision may be appealed directly to the superior court for de novo review
pursuant to Government Code Section 53069.4. (2) However, if you wish to retain your right to challenge
the Administrative Citation, or any final city action related to the citation, in court by any writ action,you
must appeal to the Administra'tive Review Board for a more formal, comprehensive hearing to ensure
preparation of an adequate administrative record, and pay an appeal fee of$281.
Only one appeal process may be chosen, and once chosen, the election is final. Failure to make a
selection will result in the appeal being assigned to a Hearing Officer for review and will constitute a
failure to exhaust administrative remedies for purposes of any subsequently filed writ action. �
I ha�e read the al�ove and choose: (Place X in front of selection)
A. My administrative citation includes a Title 15 violation requiring review by the Constructiori �
6aard af App2als. My check for$281 is enclosed .■
B. More formal appeal to Administrative Re�iew 8oard. My check for$281 is enclosed.
C. Expedited appeal to Hearin��f�icer ■
�
6. Election to forego an in-person hearing.
It is your right under San Luis Obispo Municipal Code Section 1.24, no matter which appeal process is
chosen, to have an in-person hearing. If you choose, you may forego this right and have your appeal
reviewed on the record,which will include all documents you submit and all those provided by the City.
By checking this box I am indicating I do not want an in-person hearing�
7. Truth of Appeal. I declare under penalty of perjury that all of the facts stated in this appeal are true and
that this appeal form was signed on: at
Date City State
If different from the address in Paragraph 1,the official mailing address to receive further notices from
City relating to the appeal is:
Street Address City State Zip
Signature of Appellant Print name of Appellant
Mail or Deliver in person to:
City Clerk's Office, 990 Palm St., San Luis Obispo, CA 93401
Attachment 14
bu�� 'BqnlNtR-� A2� /St �yyE��N1t'rvr l�su�s /
� rNCy d 2Errvvr c�rrl�rc.�4�or, CUFn.F u�c .o►'�IE2.vcs� sNB�-E _� ,
`� uR, , [3Rf3 �1�orVt� o R�C�IV�D
�� `� Adminis��rat�v� ��tat�on Appeal Far �
� �} � ' OV15P019
�, -�,.i" �
This request to appeal must �e re�ei�ed by the C�ty Cler ��p ��Ty ���RK
� - � within 10 days of date of the citation to be considered time y � e .
Piease submif any supporting documents or phofos with this form.
1. Appellant. Mr,/Mrs./Ms. Name � �� (,.� � �S
Phone gdS 70¢'$�1� Email IZ��RRtf $',�R$, B!Z
Mailing Address_3�5 ��p+4ntcµ ��
CitySa� ,(�,t� ��7�.r State C!J<< Zip Code 9���
(If Applicable) �.
Business Name�c�� ��IZ�?UR+o �1�lW Business Lir.pnsa#
2. Interest in Citation. (Place X in front of selection)
A.Charged personally �B.Charged as the C.Acting as the legally authorized Agent
owner of the praperty of the cited trusiness or homeowner
3. Administrative Citation.Date of Citation l � Citation Number ��"�-�•3
Address of property cited or location where an individual was tited: r
Citation Address �Q 5 I�tC�u.E� �-� ••
City � Lu�1 ��rs D �r,1i,� 5tate��!�_Zip Code �3��� �
•
Municipal code section(s)violated: 5.40�30
Code violation(s)being appealed: $. .3
4. Reasan for appeal.
Give a brief statement of why you are appealing and why the notice of violation/administrative citation
should be revoked, modi�ed or otherwise set aside. The AMOUNT of the tine cannot be reduced on
appeal.Attach additivnal sheets as necessary. Any datuments or phatas you wish to s�rbmit in support
of your appea!shve�ld be included with this form.(numher a#slieets attached y
tW� GltY cou�s A�� fOgovr co��tc,�tc,P� !� �,vg�l' st��,��t� - - —
bu2 $A�nrE2� /JnG F'R�� 5PEE�1 �.S�uG.r A� AR..� YVa� Su�lF�{'
�'c� t,�+�e�2 Ur�.cf�+�.eN� 1�� �u f�c` �� /�►x f���+�.�� j
� �R�e� SPEEC+� ASo�.T � C�Rn6r4i' CtT�/ CR�,itf T�JoT IS SElno� rG1�Y�ll.6C�
/
�c W��R6 ou2 �u� Proc.�f R�6H'�r 1p�F2� Ic�Na2Eo �vu� t.�
Lr t C G d l G a ca ]1�-- �
0�10�01+� ��l�C,-� �" CI�tC�� G�i,,� �t C�C � -� ���i/� r�1dN�
-� P �1 �''
�uesti�ns al�out this form or the
appeal process?
Contact the City Attorney's Office at Room 10, City Hall (990 Palm Street)or(805)781-7140
�/�+li}/ IaRf�Nt p tG Cf f�oeti Cd nTC62nrE0 *l
r�/is���
� ��t�C�� �f �t j�rjt� pr a�ti P,�, ��x ,r CN�Ct6�Ns �.S l°= � A�1 A toa°' �i.�tr .s
�LC���II,A Ntl � 10ut1t�lvs �►� A '�Ar��„�j�t„ (�/V16w1 pro�6 f.f �
� i �n ` Attachment 14
�
A�lministrative Citation App�ai �orm
, i� � ,.
Questions about this form or the appeal process?
- Contact the City Attorne�s Uffice at Room 10, C'rty Hall (990 Palm Street}or D5}781-7140
5. Election of Appeal Process.
Note:Al!Admir�'strocive CitatioRs written for vfolaiion of Trtle 15 of the Murrrtip Code (6uildrng and
related codes),e� if other code violations are also cited,wi!!be oufomatically he rd by the Constructran
Boord o A ears.E�ctran of Hearing Officer review is not volid and your check r$281 must accompany
this appeal form, �
For Administra#ive Citat n s that do not charge a violation of Title 15, ❑u must make a choice of an
appeal process.(1�At no c�arge,you may choose an expedited, less fa al appeal process of review by
a Hearin�O�cer,whose fina��'ssion may be appealed directly to Eh superior court for de novo review
pursuant to Government Code ction 53059.4.�2y Ffvwe�ec,if ynu ish to retain your rightto challenge
the Administrative Citation,or any,Final city action related co the ' ation,in court by any writ action,you
must appeal to#he Administrative Re�iew Board for a more F inal, comprehensive hearing to ensure
preparation of an adequate administ��Ve record,and pay an ppeal fee of$281.
\
Only one appeal p�ocess may be chQs�. and once chv en, tfie elac.tion is flnal. Failure to make a
selection will resu{t in the appeal being as�ign�d to a aring Officer for review and will constitute a
failure to exhaust administrative remedies ftar purpos s of any subsequerrtly filed wrft action. �
I har►e read the above and ehaase:(Place X in fran af selection)
�
A.My administrative citation includes a TiEI y5 violation requiring review by the Constructinn
Board af_Ap�s.My check for$281 is enc[nse �
B.More formal appeal to Administrativ e�iew B ard.My check for$281 is enclosed.
�C.Expedited appeal to Hearin �fFicer "
�
6. Election to forego an in-person hearing
It is your right under San Luis Obispo unicipal Code Sectipn .24, no matter which appeal process is
chosen, to have an in-person heari . If you choose, you may orego this right and have your appea!
reviewed on the reco�d,w�ich will nclude all documents you sub it and all those provided by the City.
By checking this box l am indic ing I da not wani an in-person hearin �
7. Truth of Appeal. I declare der penalty of perjury that all of the facts sta ed in this appeal are true and
that this appeal form w signed on: at �
Date City State
If different from t address in Paragraph 1,the official mailing address to receive rther notices from
City relating to t e appeal is:
Street Addr s City State Zip
Signa r�of Appellant Print name of Appellant
Mail or Deliver In person to:
City Clerk's Office, 990 Palm St, San Luis Obispo, CA 83401
.1 � ,�,� �,�,�I����
C�u Iz ���� � N�n�� �rZ� �2..�
� �� � �u� � � �� � � ���A��
�
��'�c,�"� J /�'
Attachment 14
' ' Citation No.: 19413
�r�`�� ADMINISTRATIVE CITATION
� ,�.�,�: t;,�_ -� Communi�y Dewelopmen[ AND ORDER TO COMPLY WITH
��� � SAN LUIS OBISPO MUNICIPAL CODE
.� �
- �
��� 15t Citation �� 2"� Citation �_; 3rd Citafion �_� Additional 1 D�ily Fines
ADDRESS OF VIO�ATION: 283-299 HIGUERA SLO, CA 93401 APN: 002-501-007
DATE OF VIOLATION: NOVEMBER 4, 2�19
NAME: SUB CORPORATlON LTD
ADQRESS: PO BOX 1002 SAN LUIS OBISPO, CA 93406
PURSUAI�T TU CHAPTER 1.24 OF THE 3AN LUfS OBISPO MUNICIPAL CODE, YOU ARE HEREBY
ORDERED TO IMMEDIATELY CORRECT THE VIOLATION(5) DESCRIBED BELOW AND PAY THE FINE.
YQU ARE FURTHER ORDERED TO CEASE THE ACTIVITY GIVING RISE 70 THE VIOLATION. WHEN
CORRECTIONS ARE COMPLETE PLEASE SCHEDULE AN INSPECTION BY CALLING (805)781-7180. TO
AVOID ADDITiONAL FINES COMPLIANCE MUS7' BE VERIFIED BY DEPARTMENT STAFF. IF DAILY FINES
APP�.Y AS N�TED A��VE, THE FINES SNALL ACGRUE DAILY UNTIL THE VIOLATION(S) ARE
CORRECTED. �AILURE i'O CDRREGT THE VIpLATION(S) WILL RESIJLT IN THE ISSUANCE OF
AD[]ITI�NAL ADMIN157F2ATIVE Cil"ATIQNS ANE} ESCALATING FINES OR OTHER ENFORCEMENT
ACTION.
CODE SECTION DESCRIPTION OF VIOLATION FINE
SLOMC § 15.40.300 Prahibited signs. Banner signs �$100
Amount Due (or subtotal if daily fine) $100
1€-Da+ly-�i�es�app4y-i�e-TQ�A�--AAAC}IdN-T-9�1� =i�o-�a��s��4 —s��r�b�
Failure to pay the fines may result in the suspensian of any pending applications or permits. Unpaid
fines becoms delinquent after 30 days and are subjec# to interest accrual of 8°Io per month as contatned
in SLOM� 1.24,070 C. Delinquent fines are also subject tQ #he sp��ial ass�ssment and lien pr�cedure
contained in SLOMC 1.24.150. This may result in the impasi#ion of a lien ar special assessment against
the property in the amount of any unpaid fines.
Mail Payments ta: City of San Luis Obispo, Cammunity DeveJopment Depertmer�t
919 Palm Street, San Luis Obispo, CA 9340�
You may fi{e an APPEAL af this Administrative Citation t�y submi�ting a reques� in writing ta fhe
Hsarir�g Administratar within ter� days vf the date this Administrative Citation is issued as shvwn
beiaw, Each resppnsibfe party is indi�id�ally req�ired ta frfe an appeaL FAILURE Tp FILE AN
APPEAL WILL WAlVE YQUR RIGHT TQ CONTEST TMIS CITATION. Pl�ase see the attach�d
Appeal Form for more informatian.
Mail Appeals to: City of San Luis Obispo, City Clerk
99d Palm Street, San L Obispo, CA 93401
Issued By;J Mezza esa Signature: Title: Code EnForcement Qfficer il
R�LATED CE CASE: CODE-4Qd8 7-2�99 DATE CITATION ISSUED: 1Vavember 5, 2019
Attachment 14
�
TO:
SUB CORPORATION LTD A CA CORP ��~ �
150 Pismo St � �?'�� It�
Slo„CA 93401 � �� ' � '
�'' ,..�,•�'�h
INVOICE NUMBER INVOICE DATE INVOICE DUE�ATE INVOICE STATUS INVOICE OESCRIPTIOM
00019413 1110512019 1210512019 Due 299 Higuera.First Adminlstretive
Cilation.SLOMC§15.40.300(B)
REFER6NCE NUMBER DESCRIPTION TOTAL
CODE-000847-2019 C�1stAdminCitatian $100.00
S UB TOTAL $100.00
TOTAL $100.00
November QB,2019 Page 1 of 1
Attachment 14
�---_`�
� ,;� Community Development
1 919 Palm Sireet,5an Luls Obispo.CA 93401-3218
� 805 781_711D
�i
,�.!:i'1`�iIG
Notice to Correct Code Violation(s)/Notice n#'Violation
(Courtesy Warning Prior to Issuance of Eldniinistrati�rc Citation)
December 13,201 S - , � • ,
5U8 CORPORATI N L �
� TD
PO BOX 1002 : � �'F�.
SAN LU[S OBISPO, CA 93406 � '� `'-
�,a
SUBJECT ADDRESS:283 cY� 2�)9 I If(,ii.JLRA SA�f I�t.fIS C}f3�SPC). CA 93401 APN: 002-SOi-�07
Cade Case#; C�D�-00 i 7�6-20 $
Dear Property Owner, !!!�
On December 11, 20[$, Ciiy t�f'�an Luis �bispo C:omr�z�m ity Development Department staff noted ths
following vivlaticfrts �Ftfte 5art Luis []bis�o M�mic�pal Code or other relevant codes at the above listed
address:
1. "T'l�rec ban�lersierrs wert �hscrv��i att�tci�e:d ta the huildin�s�1 �hc:�u_k�ject addresscs.
San Luis A��t��o !17�nicipaf Ci�tle § 15.40.300
Prohibited signs. The following signs are prohibited and su6ject to imrnediute abatemenl by the
city ofSan Luis 06ispo's code enforcement officer. The city has a c•ampelling interest la prohibit
the followirag sigrrs!o further the intent and purpose (Section 15.90.110) of the.��e sigrt Yegulations
and to enforce local, state and federal law.
B. Banner signs ar•e prohibited unless:
1. Approved in conjunction with a temporary or intermittent use perrrtit or special
even!permil; ur
2. Apprvved with a sign permil as a lemporary sign p�nding manufacture and
instaldation of an approved permcrnenl,si�n; nr
3. App�oved by the public works direelor over designate�f rights-of-wuy;
Corrective Action: The banner signs shall be removed from display.
A COPY OF THIS NOTICE M�IST BE ATTACHED TO ALL APPLICATIONS FOR A PERMIT.
We request that you voluntarily take action to correct the aba�e noted violation[s) no latcr than .Ianuu�� �
l�, 2U19. These violati�ns consti�ute a public nuisance and must be abated. Failur� to corre�.i t�e
�ialati��nts} by the sp��ilie�i date 44'III resull in the iss��ance of an Administrative Citation requiring
paymcnt of FINES in arcvrdanc� wstk� SLQMC Cha�ter 1.24. For Muni�ipal Code violations tE�at
remain u«corrected af#er issLianc� oFan Adr:zinistrative Citation,the City may seek enforcement by other
civil or criminal remedies.
Attachment 14
2&3 &299 Higuera
Decernber l3,2018
Page 2 , �
Any person having a title interest in the property may request a Dircct�r's review of this Notice by
completing the enclosed Request for Director's Review Form and submsztin� it to the Cotx�munity
Development Deparlment via email at c�e@slocity.org or [0 91� 1',�Im St��cet. San Luis Obispo, CA
93406, within five (5) days of the date of this Notice. Tltis ?�nti::e Shall �ae d�emed final unless you
timely file a Request for Director's Review.
We look forward to working with you to resolve tltese 1�ial�;tians and would like ic� thank you for your
efforts to maintain y�ur property and to help pre�erve tl3c saf�ty ar�c� beauty of our eommunity. If you
have questions,please contact the undersigned [)t'Elcer a� (8U51781-7179 or jmezzapesa@slocity.org,
Sinccre:ly, -,.�_ � ���
.iohn Mezzapesa,Code LE�€'arc4ri,ct�t UFficer �1 ;
,�.
�
Cc: File • _ � „`.
Enclosures: Rzquest ft�r Directors Re�iew ;�
�
:
Attachment 14
RECENED
Sub Corporation, Ltd. DEC 0 6 2019
2146 Parker St., C2
San Luis Obispo, Ca 93401 SLO CITY ATTORNEY
December 1, 2019 'RECEIVED
Sheryl Fox, Legal Assistant, City of San Luis Obispo ' 'r s
990 Palm Street
San Luis Obispo, CA 93401 SLO CITY ATTORNEY
Re: Free Speech Issue and Incorrectly Issued Citation ADM 19413
Ms. Fox,
I see you are in receipt of my returned administration citation and appeal form. I am sorry you do not
understand the issue, so Your response is not helpful.
The City sign code is about signs, both commercial and non-commercial. It applies to signage regarding
sales, events and other temporary or promotional activities. As such it does NOT apply to the banners
that were up on 295 Higuera attempting to address the crimes committed by on duty City employees
against our business's and family.
Because our banners are an attempt to exercise our free speech and because the City of San Luis Obispo
has refused us our appropriate civil rights which would include an investigation of the initial arson as
well the separate arson under color of authority committed by on-duty firemen during our fire, we feel
they are not covered by your ordinance.
Because our issue is free speech and civil rights,your ordinance clearly does not apply, which means
your citation was issued in error and needs to be withdrawn.
Regarding a $281 fee to appeal a $100 citation;this is neither fair nor reasonable even if your citation
did apply to my circumstances, I will respectfully decline to be put into a system that is not capable of
understanding my issue on respecting my civil rights. Further it is grossly wrong for the appeal fee to be
so large that it represents a separate fine for anyone attempting to defend themselves and appeal a
citation. Please recall the citation and acknowledge my civil and speech rights and are not covered by
your ordinance.
5i�cerel .
, y
� ����
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Ri� ar W. FerriS, Pr�sident
Sub C r.poration, Ltd.
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Attachment 15
' • • ' • � 1 � �
Case Number: CODE-000847-2019 Case Module: Permit Management
Inspection Date: 11/18/2019 Inspection Status: Completed
Inspector: John Mezzapesa Inspection Type: Code Violation
Job Address: 299 Higuera St Parcel Number: 002-501-007
San Luis Obispo,CA 93401
Contact Type Company Name Name
SUB CORPORATION LTD A CA CORI
Property Owner SUB CORPORATION LTD A CA CORI
Checklist Item Passed Comments
General Inspection Comments False All banners have been removed.
February 05,2021 Page 1 of 1
Case Number: CODE -000847-2019
Inspection Date: 09/14/2020
Inspector: John Mezzapesa
Job Address: 299 Higuera St
San Luis Obispo, CA 93401
Contact Type Company Name
SUB CORPORATION LTD A CA CORI
Property Owner SUB CORPORATION LTD A CA CORI
Case Module:
Inspection Status
Inspection Type:
Attachment 16
Permit Management
Failed
Code Violation
Parcel Number: 002-501-007
Name
Checklist Item Passed Comments
General Inspection Comments False Banner signs have been attached to the side of the building.
February 05, 2021 Page 1 of 1
Case Number: CODE -000603-2020
Inspection Date: 09/14/2020
Inspector: John Mezzapesa
Job Address: 150 Pismo St
San Luis Obispo, CA 93401
Contact Type Company Name
SUB CORPORATION LTD A CA CORI
Property Owner SUB CORPORATION LTD A CA CORI
Case Module:
Inspection Status
Inspection Type:
Attachment 17
Permit Management
Failed
Code Violation
Parcel Number: 002-501-002
Name
Checklist Item Passed Comments
General Inspection Comments False Inspection performed as a result of an complaint regarding
banner signs. A banner sign have been attached to the side of the
building.
February 05, 2021 Page 1 of 1
Attachment 18
Tonikian, Victoria
From: skrameratty@aol.com
Sent: Thursday, October 1, 2020 4:56 PM
To: CityClerk
Subject: Adninitrative Citation Appeals
Attachments: Appeal409.pdf, Appeal410.pdf
Attached are appeals for citations 22409 and 22410.
Shane Kramer
Attorney for Sub Corporation Ltd.
Attachment 18
Rev. 9/2020
Administrative Citation Appeal Form
,4t 3
.° This request to appeal must be received by the City Clerk
within 10 days of date of the citation to be considered timely filed.
Please submit any supporting documents or photos with this form.
1. Appellant. Mr./Mrs./Ms. Name Sub Corporation Ltd.
Phone 805-541-2646 Email skrameratty aaaol.com
Mailing Address P.O. Box 14259
City San Luis Obispo State CA Zip Code 93406
(If Applicable)
Business Name Business License #
2. Interest in Citation. (Place X in front of selection) �/
A. Charged personally B. Charged as the X C. Acting as the legally authorized Agent
owner of the property of the cited business or homeowner
3. Administrative Citation. Date of Citation 09-21 —20 Citation Number 22409
Address of property cited or location where an individual was cited:
Citation Address 283-299 Higuera Street
City San Luis Obispo State CA Zip Code 93401
Municipal code section(s) violated: 15.40.300
Code violation(s) being appealed:
15.40.300
4. Reason for appeal.
Give a brief statement of why you are appealing and why the notice of violation/administrative citation
should be revoked, modified or otherwise set aside. The AMOUNT of the fine cannot be reduced on
appeal. Attach additional sheets as necessary. Any documents or photos you wish to submit in support
of your appeal should be included with this form. (number of sheets attached )
The content of the signs subject to the citation is constitutionally protected free speech that
is generally, expressly, and specifically exempt from citation or violation of the municipal code.
Questions about this form or the appeal process?
Contact the City Attorney's Office at Room 10, City Hall (990 Palm Street) or (805)781-7140
Attachment 18
Administrative Citation Appeal Form
3d1
Questions about this form or the appeal process?
Contact the City Attorney's Office at Room 10, City Hall (990 Palm Street) or (805)781-7140
Election of Appeal Process.
Note: All Administrative Citations written for violation of Title 15 of the Municipal Code (building and
related codes), even if other code violations are also cited, will be automatically heard by the Construction
Board of Appeals. Election of Hearing Officer review is not valid and your check for $281 must accompany
this appeal form.
For Administrative Citations that do not charge a violation of Title 15, you must make a choice of an
appeal process. (1) At no charge, you may choose an expedited, less formal appeal process of review by
a Hearing Officer, whose final decision may be appealed directly to the superior court for de novo review
pursuant to Government Code Section 53069.4. (2) However, if you wish to retain your right to challenge
the Administrative Citation, or any final city action related to the citation, in court by any writ action, you
must appeal to the Administrative Review Board for a more formal, comprehensive hearing to ensure
preparation of an adequate administrative record, and pay an appeal fee of $281.
Only one appeal process may be chosen, and once chosen, the election is final. Failure to make a
selection will result in the appeal being assigned to a Hearing Officer for review and will constitute a
failure to exhaust administrative remedies for purposes of any subsequently filed writ action.
I have read the above and choose: (Place X in front of selection)
X A. My administrative citation includes a Title 15 violation requiring review by the Construction
Board of Appeals. My check for $281 is enclosed
B. More formal appeal to Administrative Review Board. My check for $281 is enclosed.
C. Expedited appeal to Hearing Officer
6. Election to forego an in-person hearing.
It is your right under San Luis Obispo Municipal Code Section 1.24, no matter which appeal process is
chosen, to have an in-person hearing. If you choose, you may forego this right and have your appeal
reviewed on the record, which will include all documents you submit and all those provided by the City.
By checking this box I am indicating I do not want an in-person hearing❑
7. Truth of Appeal. I declare under penalty of perjury that all of the facts stated in this appeal are true and
that this appeal form was signed on: 10/01/20
at San Luis Obispo
CA
Date City State
If different from the address in Paragraph 1, the official mailing address to receive further notices from
City relating to the appeal is:
Street Address
City
State Zip
.6 / Sub Corporation Ltd.
Signature of Appellant Print name of Appellant
Email to: cityclerk@slocity.org
or
Mail/Deliver in person to:
nnn r%_1.+. 06 Q..... 1 ..... n4.:...... /+A A9An4
Attachment 19
Tonikian, Victoria
From: skrameratty@aol.com
Sent: Thursday, October 1, 2020 4:56 PM
To: CityClerk
Subject: Adninitrative Citation Appeals
Attachments: Appeal409.pdf, Appeal410.pdf
Attached are appeals for citations 22409 and 22410.
Shane Kramer
Attorney for Sub Corporation Ltd.
Attachment 19
Rev. 9/2020
Administrative Citation Appeal Form
* This request to appeal must be received by the City Clerk
within 10 days of date of the citation to be considered timely filed.
Please submit any supporting documents or photos with this form.
1. Appellant. Mr./Mrs./Ms. Name Sub Corporation Ltd.
Phone 805-541-2646 Email Skrameratty@aol.com
Mailing Address
P.O. Box 14259
City San Luis Obispo
(if Applicable)
Business Name
2. Interest in Citation. (Place X in front of selection)
State CA Zip Code 93406
A. Charged personally B. Charged as the
owner of the property
3. Administrative Citation. Date of Citation 09/21 /20
Business License #
C. Acting as the legally authorized Agent
of the cited business or homeowner
Citation Number 22410
Address of property cited or location where an individual was cited:
Citation Address 150 Pismo Street
City San Luis Obispo State CA_Zip Code
Municipal code section(s) violated: 1 5.40.300
Code violation(s) being appealed: 1 5.40.300
4. Reason for appeal.
Give a brief statement of why you are appealing and why the notice of violation/administrative citation
should be revoked, modified or otherwise set aside. The AMOUNT of the fine cannot be reduced on
appeal. Attach additional sheets as necessary. Any documents or photos you wish to submit in support
of your appeal should be included with this form. (number of sheets attached )
The content of the sign subject to the citation is constitutionally protected free speech which
is generally, expressly or specifically exempt from application and violation of the cited
municipal statute. Exempt under 15.40.200.
Questions about this form or the appeal process?
Contact the City Attorney's Office at Room 10, City Hall (990 Palm Street) or (805)781-7140
Attachment 19
Administrative Citation Appeal Form
3d1
Questions about this form or the appeal process?
Contact the City Attorney's Office at Room 10, City Hall (990 Palm Street) or (805)781-7140
Election of Appeal Process.
Note: All Administrative Citations written for violation of Title 15 of the Municipal Code (building and
related codes), even if other code violations are also cited, will be automatically heard by the Construction
Board of Appeals. Election of Hearing Officer review is not valid and your check for $281 must accompany
this appeal form.
For Administrative Citations that do not charge a violation of Title 15, you must make a choice of an
appeal process. (1) At no charge, you may choose an expedited, less formal appeal process of review by
a Hearing Officer, whose final decision may be appealed directly to the superior court for de novo review
pursuant to Government Code Section 53069.4. (2) However, if you wish to retain your right to challenge
the Administrative Citation, or any final city action related to the citation, in court by any writ action, you
must appeal to the Administrative Review Board for a more formal, comprehensive hearing to ensure
preparation of an adequate administrative record, and pay an appeal fee of $281.
Only one appeal process may be chosen, and once chosen, the election is final. Failure to make a
selection will result in the appeal being assigned to a Hearing Officer for review and will constitute a
failure to exhaust administrative remedies for purposes of any subsequently filed writ action.
I have read the above and choose: (Place X in front of selection)
X A. My administrative citation includes a Title 15 violation requiring review by the Construction
Board of Appeals. My check for $281 is enclosed
B. More formal appeal to Administrative Review Board. My check for $281 is enclosed.
C. Expedited appeal to Hearing Officer
6. Election to forego an in-person hearing.
It is your right under San Luis Obispo Municipal Code Section 1.24, no matter which appeal process is
chosen, to have an in-person hearing. If you choose, you may forego this right and have your appeal
reviewed on the record, which will include all documents you submit and all those provided by the City.
By checking this box I am indicating I do not want an in-person hearing❑
7. Truth of Appeal. I declare under penalty of perjury that all of the facts stated in this appeal are true and
that this appeal form was signed on: 10/01/20
at San Luis Obispo
CA
Date City State
If different from the address in Paragraph 1, the official mailing address to receive further notices from
City relating to the appeal is:
Street Address
City
State Zip
.6 / Sub Corporation Ltd.
Signature of Appellant Print name of Appellant
Email to: cityclerk@slocity.org
or
Mail/Deliver in person to:
nnn r%_1.+. 06 Q..... 1 ..... n4.:...... /+A A9An4