HomeMy WebLinkAboutItem B1 - Draft Resolution GRANTING Appeal and Upholding CitationR ______
RESOLUTION NO. ARB-____ -18
A RESOLUTION OF THE ADMINISTRATIVE REVIEW BOARD OF
THE CITY OF SAN LUIS OBISPO, CALIFORNIA, GRANTING THE
APPEAL OF TY SAFRENO AND DISMISSING ADMINISTRATIVE
CITATION NO. 13404
WHEREAS, the Administrative Review Board 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 at 3:00 PM on August 14, 2018, on the appeal of TY SAFRENO of Administrative
Citation No.13404 issued to Lorin E. Zanetti on June 21,2018 for violation of Municipal Code
Section 17.22.010(A) (unpermitted vehicle storage)(“Administrative Citation”); and
WHEREAS, notice of said public hearing was made at the time and in the manner
required by law; and
WHEREAS, the Administrative Review Board of the City of San Luis Obispo duly
considered all evidence, including the City’s Administrative Citation, the City’s supporting file
and report, testimony of the appellant, interested parties, all written or other evidence, and
evaluation and recommendations by staff, presented at such hearing.
NOW, THEREFORE, BE IT RESOLVED by the Administrative Review Board of the
City of San Luis Obispo as follows:
SECTION 1. Findings. The Administrative Review Board finds:
1. The above statements are true.
2. Pursuant to Municipal Code Section 1.24.110 E, the Administrative Citation and
supporting information, (code enforcement officer’s notes, other documents, exhibits,
reports or other materials prepared by city staff or part of the administrative record)
relating to the code violation, were received and admitted as prima fascia evidence of
the appellant’s violation of Municipal Code section 17.22.010(A) (ujpermitted
vehicle storage), and prima fascia evidence of the facts stated in such documents.
3. The names of all people participating in the hearing and their capacity:
a. Appellant: TY SAFRENO
b. Representative of appellant: ________________________________________
c. City staff: ______________________________________________________
d. Witnesses (indicate either FOR or AGAINST appellant: _________________
________________________________________________________________
4. The hearing was recorded by audio recorder; which recording is in the custody of the
city clerk;
Resolution No. _____ (2018 Series) Page 2
5. The appellant or designated representative was present. (or failed to appear).
6. If no one appeared on behalf of appellant, the appellant submitted written or other
evidence (or failed to appear and failed to submit any evidence).
7. The following physical evidence, including, but not limited to photographs, maps,
drawings, and documents, was submitted: __________________________________
8. The board has decided to dismiss the Administrative Citation.
9. The board found the appellant presented credible evidence that the violation did not
occur.
SECTION 2. Action: Based on the above findings and evidence submitted in support thereof,
the Administrative Review Board does hereby grant the appeal of TY SAFRENO and dismisses
the Administrative Citation.
Upon motion of ______________________, seconded by _______________________, and on
the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _____________________ 2018.
____________________________________
Chairperson Date of
Signature