HomeMy WebLinkAboutCBOA-01-21RESOLUTION NO. CBOA-01-21
A RESOLUTION OF THE CONSTRUCTION BOARD OF APPEALS OF THE CITY OF
SAN LUIS OBISPO, CALIFORNIA, DENYING THE APPEAL OF SHANE KRAMER, ON
BEHALF OF THE SUB CORPORATION, LTD, AND UPHOLDING ADMINISTRATIVE
CITATIONS NO. 22409 AND NO. 22410.
WHEREAS, the Construction Board of Appeals of the City of San Luis Obispo conducted
a public hearing via teleconference at 1:00 p.m. on April 26, 2021, on the appeal of Shane Kramer
of Administrative Citations 22409 and 22410 issued to the Sub Corporation, LTD, (the
“Appellant”) on September 21, 2020, for violation of Municipal Code 15.40.300(B)(Prohibited
Signs) (“Administrative Citations”); and
WHEREAS, notice of said public hearing was made at the time and in the manner required
by law; and
WHEREAS, Section 1.24.100 of the San Luis Obispo Municipal Code establishes a right
to appeal an administrative citation issued by the director; and
WHEREAS, the Construction Board of Appeals of the City of San Luis Obispo (the
“Board”) duly considered all documents and information, including the Administrative Citations;
the City’s staff report and accompanying presentation; the City’s Agenda Correspondence, oral
argument by the City, the Appellant’s appeal and subsequent letter brief; oral argument by the
Appellant’s representative; all written or other evidence; and evaluation and recommendations by
staff presented at such hearings.
NOW, THEREFORE, BE IT RESOLVED by the Construction Board of Appeals of the
City of San Luis Obispo as follows:
SECTION 1. Findings. The Construction Board of Appeals finds:
1. The above statements are true.
2. The names of all people participating in the hearing and their capacity:
Resolution No. CBOA 01-21 Page 2
a. Appellant: Sub Corporation, LTD;
b. Representative of the Appellant: Shane Kramer, attorney (the “Designated
Representative”);
c. City staff: Mark Amberg, Assistant City Attorney, legal advisor to City Code
Enforcement staff; Markie Jorgensen, Assistant City Attorney, legal advisor to the
Board; Rodger Maggio, Fire Marshal/Chief Building Official, Liaison to the
Board; Cassia Cocina, Code Enforcement Supervisor; and John Mezzapesa, Code
Enforcement Officer;
d. Witnesses (either for or against appellant): none.
3. The hearing was recorded by simultaneous audio and video recording, and such
recordings are in the custody of the City Clerk.
4. The Appellant or Designated Representative was present for the public hearings.
5. Pursuant to Municipal Code Section 1.24.110(E), the Board received the Administrative
Citations and supporting information (documents, exhibits, or materials prepared by city
staff) concerning the Appellant’s violations of Municipal Code Section 15.40.300(B) as
prima facie evidence of the Appellant’s code violations and of the facts stated in such
documents.
6. The following submissions were submitted to the record, including, but not limited to
photographs, drawings, and documents:
a. City staff report, dated March 31, 2021, and accompanying Attachments 1-19;
b. Agenda correspondence from Appellant’s Designated Representative, received by
the City on April 15, 2021;
c. Agenda correspondence from Assistant City Attorney and legal advisor to City
staff, Mark Amberg, dated April 23, 2021.
7. The Board has decided to uphold the Administrative Citations issued to Appellant for
violations of Municipal Code Section 15.40.300(B).
8. The Board found the following information credible in support of its decision to uphold
the Administrative Citations and deny the appeal:
a. San Luis Obispo Municipal Code Section 15.40.300(B) prohibits “Banner signs,”
defined in relevant part as “a flexible sign including feather banners and pennants
of lightweight fabric of 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,” subject to certain exceptions.
Resolution No. CBOA 01-21 Page 3
b. On September 14, 2020, City Code Enforcement received a request for
investigation regarding two unpermitted banner signs attached to Appellant’s
buildings located at 299 Higuera Street, San Luis Obispo, CA 93401, and one
banner sign attached to Appellant’s buildings located at 150 Pismo Street, San
Luis Obispo, CA, 93401 (the “Properties”). Code Enforcement staff inspected
Appellant’s Properties that same day and observed banner signs affixed to
Appellant’s buildings in violation of San Luis Obispo Municipal Code Section
15.40.300(B). The Appellant’s banner signs did not fall within any exceptions to
the banner sign prohibitions identified in Municipal Code Section 15.40.300(B).
c. The Administrative Citations, together with the attachments contained in the staff
report, admitted as prima facie evidence under Paragraph 5 above, demonstrate
that the citing code enforcement officer, personally observed the violation.
d. Appellant failed to submit any information that the violations did not occur and
failed to submit any credible information that there is a defense to the citations.
9. The due date for payment of the fine shall be ten (10) days after the date the decision is
mailed.
SECTION 2. Action: Based on the above findings, documentation, and information
submitted in support thereof, the Construction Board of Appeals does hereby deny the appeal of
Sub Corporation, LTD, and upholds the Administrative Citations.
SECTION 3. Appeal or Review by Writ. This Resolution is the City of San Luis
Obispo’s final administrative decision, under Municipal Code Section 1.24.140(A), on the
Administrative Citations. A person contesting this decision may do so in either of two ways. First,
pursuant to California Government Code Section 53069.4(b)(1), within 20 days after the service
of this Resolution, a person contesting this decision may seek review by filing an appeal to be
heard by the Superior Court of the County of San Luis Obispo. Alternatively, a person contesting
this decision may file a petition for writ with the Superior Court of the County of San Luis Obispo.
The time within which the petition must be filed, and the applicable requirements are governed by
the California Code of Civil Procedure. Either the appeal or the petition for writ filed with the
court must contain proof of service showing a copy of the appeal or petition for writ was served
upon the city clerk. The petitioner must pay the superior court the appropriate court filing fee when
the appeal or petition is filed.
Upon motion of Vice Chair Eckrich, seconded by Board Member Wiedeman, and on the
following roll call vote:
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AYES: Board Member Wiedeman, Board Member Graves, Vice Chair Eckrich, and Chair
Dilworth
NOES: None
ABSENT: Board Member Martinez, Board Member Garza
RECUSED: Board Member Vessely
The foregoing resolution was adopted this 11th day of May 2021.
____________________________________________________
Niel Dilworth, Chairperson Date of Signature