HomeMy WebLinkAbout2006-06-27 - AGENDA REPORTS - ATHLETIC CLUB ASMT LEIN SIGN (2)Agenda Item• /"�
CITY OF SANTA CLARITA
AGENDA REPORT
PUBLIC HEARING City Manager Approval:
Item to be presented by:
DATE: June 27, 2006
SUBJECT: SPECIAL ASSESSMENT AND LIEN ON PROPERTY FOR
REMOVAL OF NON CONFORMING SIGN AT 24640 WILEY
CANYON ROAD (SANTA CLARITA ATHLETIC CLUB)
DEPARTMENT: Community Development
City Council approve resolution adding special assessment and lien in the amount of $46,592.36
on property located at 24640 Wiley Canyon Road for costs related to the removal of a
non -conforming pylon sign for the Santa Clarita Athletic Club.
The Sign Compliance Program
In 1990, the City, through the adoption of Ordinance No. 90-35, made significant revisions to the
sign regulations it had originally inherited from the County of Los Angeles following
incorporation. These amendments were intended to improve the aesthetic appearance of the
community and reduce competitive streetscape signage clutter along the City's roadway
corridors. As a result of these amendments, a number of signs, including the Santa Clarita
Athletic Club sign, became legal nonconforming signs. The City, by ordinance, established a
nine-year amortization period for such signs, which the City Council determined was a
reasonable period of time for businesses and property owners to fully meet the new requirements.
In 1999, the City began its "Sign Compliance Program" to remove the remaining nonconforming
signs. To date, over 97 percent of properties comply with the Sign Code, leaving only about 60
properties maintaining illegal signs. The City is pursuing or plans to pursue compliance on each
of these remaining properties. In this case, because the property owner chose to ignore the City's
efforts to obtain voluntary compliance, the City was compelled to take effective measures to have
the sign removed.
Adopted: r7k
Section 17.19.250 of the Sign Code outlines the process for the City to remove illegal signs.
First, the Code requires the City to send a notice to the property owner to remove the illegal sign.
The property owner may appeal the notice to the Planning Commission and the City Council. If
the Planning Commission and City Council deny the appeal and uphold the order to remove the
sign, the City may cause the sign to be removed at the property owner's expense and the costs of
such removal, including attorneys' fees and costs, staff costs and contractor costs, may be
assessed as a lien against the property.
The Santa Clarita Athletic Club Sign
The property at issue is located at 24640 Wiley Canyon Road with APNs 2825-011-015,
2825-011-016 and 2825-011-018 ("the "property"). The present use of the site is the Santa
Clarita Athletic Club. The property has an area of 4.5 acres, a frontage of 540 feet along Wiley
Canyon Road and is zoned CC -PD (Community Commercial—Planned Development).
Prior to the City's abatement work in 2006, the property had a 39.5 foot high, 473 square foot
electronic reader board pylon sign (`the sign"). Although the property was permitted to have a
pylon sign, the sign was required to comply with the height and area requirements of Chapter
17.19 of City's Municipal Code ("the Sign Code").
The sign was originally legally installed as a freeway -oriented pylon sign for a former
auto -related use under the County of Los Angeles' sign regulations, which were in effect prior to
the incorporation of the City. In 1993, the Santa Clarita Athletic Club received Planning
Commission approval for a conditional use permit. During the public hearing, it was discussed
whether or not to condition the removal of the subject sign as part of the approval since the Club
was not entitled to have such a large, freeway -oriented pylon sign. At the prompting of the
property owner, the Planning Commission deferred removal of the nonconforming sign to the
expiration of the amortization period in 1999.
On February 15, 2000, the property owner applied for a sign variance (No. 00-004) to maintain
the sign. On April 25, 2000, the Administrative Hearing Officer denied the request. The
property owner subsequently appealed the decision to the Planning Commission. On August 15,
2000, the Planning Commission denied the appeal and upheld the Administrative Hearing
Officer's decision.
The property owner then appealed the Planning Commission's decision to the City Council.
Following a hearing on May 8, 2001, the City Council directed staff to work with the property
owner to develop an alternative solution for modification of the existing sign and bring the item
back at a later date. After several years of delay in submitting a master sign program that would
also revise the sign, the property owner ultimately submitted a proposal that was essentially the
same height, area and design as the existing sign.
On April 27, 2004, after the City was unable to reach a voluntary agreement with the owner, the
City Council held a public hearing and adopted a resolution denying the earlier appeal and
upholding the Planning Commission's decision on the variance. The property owner did not
challenge the adoption of that resolution in court. Thus, the resolution and findings and
determinations made therein became final.
On April 7, 2005, the City sent the property owner a notice to remove or appropriately modify
the sign and comply with the Sign Code within 30 days. On April 18, 2005, a representative of
the property owner submitted a written appeal of that notice to the Planning Commission. On
June 21, 2005, the Planning Commission passed and adopted Resolution No. P05-020, denying
the appeal. The property owner never appealed that decision to the City Council.
Accordingly, on February 27, 2006, the City obtained a Warrant to enter the property to Abate a
Public Nuisance ("the warrant"), seeking authority from the court to enter the property to remove
the sign court at the property owner's expense. The warrant was issued as requested. The City
gave the property owner proper notice of the warrant and provided the property owner a final
opportunity to voluntarily remove the sign. The property owner failed to do so.
On March 16, 2006, the City began the abatement process. The City completed the abatement
process on April 26, 2006. In June, 2006, the City filed a return on the warrant with the Court,
which provides a detailed account of the abatement process. See Attachment 2.
FEES AND COSTS INCURRED
On April 7, 2005, the City notified the property owner in writing that the sign must be removed.
In this notice, the City also notified the property owner that, should he fail to remove the sign
voluntarily, the City would do so at the property owner's expense pursuant to the Sign Code.
Despite this and other notices, the property owner failed to remove the sign as required.
Total fees and costs associated with the abatement of the sign are $46,592.36. This figure
includes the following, for which itemized reports are attached:
• $ 1,484.86 for fees incurred by City Staff for enforcement efforts to remove the sign (see
Attachment 3)
• $ 22,000.00 paid to the contractor to remove the sign (see Attachment 4); and
• $ 23,107.50 for attorney's fees and costs incurred for work performed by the City
Attorney's Office following April 7, 2005 (see Attachment 5).
The above costs and expenses may be recovered by the City as a special assessment against the
Subject Property pursuant to Santa Clarita Municipal Code § 1.01.260.
ANALYSIS
The sign is clearly illegal under the Sign Code. Prior to commencing any abatement efforts, the
property owner was given more than adequate due process and opportunity to attempt to legalize
the sign. Further, the property owner was given more than adequate due process and opportunity
to remove the sign voluntarily, such that the City would not have to incur its own costs, fees and
expenses to do so. Now that abatement has been completed, the City is authorized to recover the
costs of abatement as a lien against the Property.
Santa Clarita Municipal Code § 1.01.260 provides as follows:
(A) Whenever any person creating, causing, committing, or maintaining a public
nuisance ... has been given notice ... to abate such nuisance or cease and desist
from continuing such nuisance or violation of law, and such person who was
given notice fails, refuses, or neglects to comply with the notice within the time
specified therein ... such non -complying person shall be liable to the City for
any and all costs and expenses to the city involved in thereafter abating the
nuisance and in obtaining compliance with or enforcing the law as referred to
or encompassed in the said notice.
(B) Costs and expenses ... may include, but are not limited to, any and all
direct costs and expense related to such things as personnel salaries and benefits,
operational overhead, rent, interest, fees for experts or consultants, legal costs or
expenses, including attorneys' fees, claims against the City arising as a
consequence of the nuisance or violation, and procedures associated with
collecting moneys due hereunder.
As set forth above, the property owner received notice on April 7, 2005 that the City was
initiating proceedings to abate the nonconforming sign. Further, the property owner had several
opportunities thereafter to remove the sign voluntarily, but failed to do so. Accordingly, all fees
and costs incurred for the abatement are recoverable against the property owner.
The City Council is recommended to direct staff to file said assessments with the County Auditor
for collection with the regular property taxes for Fiscal Year 2006/2007.
ALTERNATIVE ACTIONS
Other actions as determined by the City Council.
FISCAL IMPACTS
The proposed special assessment and lien is anticipated to cover the expenses incurred by the
City to abate the nonconforming Santa Clarita Athletic Club sign.
ATTACHMENTS
Resolution
Itemized Written Report from City Staff re: Staff Hours
Itemized Written Report from Contractor regarding Sign Removal
Itemized Written Report from City Attorney
Return on Abatement Warrant plus all attached exhibits available in the City Clerk's Reading File
rr n tp aYcfdl � a 34r X' r.� � a.Y f'•° • - • 1
June 16, tl.
Via Certified Mail, Retum Receipt Requested
and Via Ovemight Express Courier
Santa Clarita Athletic Club
24640 Wiley Canyon Road
Santa Clarita, CA 91321
Re:
Dear Property Owner:
Our File No:
02012-0884
This office serves as City Attorney for the City of Santa Clarita ("City"). This letter serves
as notice that, now that the nonconforming pylon sign located at 24640 Wiley Canyon Road has
been abated pursuant to a Court -issued warrant, the City is moving to recover all associated
fees and costs pursuant to Santa Clarita Municipal Code § 1.01.260.
Accordingly, an item has been placed on the City Council agenda for June 27, 2006, at
6:00 p.m., at the 1 at floor of City Hall, 23920 Valencia Blvd., Santa Clarita, California. The City
Council will determine whether to adopt a resolution ordering a special assessment and lien be
placed on the subject property (APNs 2825-011-015, 2825-011-016 AND 2825-011-018) for the
costs and expenses of the abatement of the nonconforming pylon sign located on the property.
Copies of the staff report and supporting documents will be available from the City Clerk on
June 22, 2006.
If you have any questions, please contact me at (213) 236-0600.
Very truly yours,
BURKE, WILLIAMS & SORENSEN, LLP
PHILIP A. KRAFT
cc Carl K. Newton, Esq., City Attorney
Ken Striplin, Assistant City Manager
Lisa Hardy, Planning Manager
Paul Brotzman, Director of Community Development
Tina Haddad, Management Analyst
Chandra G. Spencer, Esq,
Sharon Dawson, City Clerk
Curtis Williams, Supervising Community reservation Officer
nner,.
Jason Mikaelian, Associate Pla/
RIV #4820-2938.8032 v2
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EXHIBIT B
355 SALEM ST. GLENDALE, CA. 91203
FAX:
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[I PROPOSAL LJCONTRACT Uv INVOICE 03/24/06
TO' CITY OF SANTA CLARITA JOB SITE: SANTA CLARITA ATHLETIC CLUB
23920 VALENCIA BLVD. 24640 WILEY CNYN, ROAD
SANTA CLARITA CA 91355-2196 SANTA CLARITA. CA
TEL: 661259.2489 FAX: 661259-8125 PERS,IN CFIARGE JASON MIKAELIAN AICP
Z%-rc Cpm Ei
1
REMOVAL OF EXIST. POLE SIGN, (ELECTRONIC AND STANDARD
GETS
)
SIGN CONSISTING OF 3 MAJOR SIGN BOXES, 2 POSTS AND SEVERAL
VERS..
JOB COMMENCED AND FINISHED AS FOLLOWS...
DAY1 THURSDAY 03116103
LARGE EQUIPMENT: FULL DAY, 100' CRANE, TORCH & WELDER.
LABORORSI FULL DAY, 2 WORKERS, ARDO &ELECTRICIAN 1/2 DAY),
A) SITE PREPARATION. B) SIGN COVERS REMOVAL. ) ELECTRIC DISCONNECT.
D) SIGNS STRUCTURAL INSPECTION/PREPARATION. E) SITE CLEAN UP.
DAY MONDAY 031206
LARGE EQUIPMENT; FULL DAY, 70 TON CRANE, BO' CONDOUR, TORCH & WELDER.
LMORORST FULL DAY, 2 WORKERS, ARDO, 2 CRANE OPERATORS & (ELECT
ICI/2DAY.
A) A) SIGN COVERS REMOVAL. B) ELECTRICAL WIRING DISASSEMBLY,
C) SIGNS CUTTING/REMOVING D) SITE CLEAN UP.
DAY3 TUFSDAYON1106
LARGE EQUIPMENT: FULL DAY, 70 TON CRANE, 80' CONDOUR,
20' FLAT BED TOW TRUCK, TORCH & WELDER.
LABORORS: PULL DAY, 2 WORKERS, ARDO, 2 CRANE OPERATORS,2 TOWIN
PERSON
L.
A) SIGNS CUTTING//REMOVING. 6j POSTS CUTTING REMOVING.
C) SIGNS/POSTS CUTTING ON GROUND. D) LOADING TOW TRUCK & DISPOSING
E) SITE CLEAN UP,
DAY4 WEDNESDAY03/22/06
LARGE EQUIPMENT: FULL DAY, 20' FLAT BED TOW TRUCK, TORCH & WELDER.
LABORORS: FULL DAY, 1 WORKER, ARDO, 2 TOWING PERSONAL,
A)A) SIGNS CUTTING ON GROUND. B) LOADING TOW TRUCK & DISPOSING.
CLEAN UP
DAY 5 THURSDAY 03/23/06
LARGE EQUIPMENT: 1/2 DAY, TORCH & WELDER.
LABORORS: 1 / Y, 1 WORKER & ARDO
A) STEEL PLATE CUT UND) AND WELDING ON EACH OPEN POST.
DESIGNER gGAL.
TOTAL COST INCLUDING ALL LABORORS, MATERIAL
RENTALS, TRAVEL AND CO. EQUIPMENT...
$ 22,000
CUSTOMER S1G :
P MAItHIAL 1.1 CII KAN I— V YSt PS .WLUNI A" W K -IU tlt 4UNIYlt GJ UMI I rC M ANIUN LCN LP (tAIIrUNIw wL'G µ' uva VM UU Y,
N A SUB,SIMML WORKMANLIKE MANNER ACCORDING TO SPECIFICATIONS SU�TTED SECTION 1181 ET. SEl'y ANY CONTRACTOR, SL)sCONRRpyTOR, LAgoRFA oR 07 ER
PER SVWDATID PRACTICES, ANY DEVIATION FROM ABOVE SPECIFlCAllow PERSON WHO Ik1P5 ANPHOVE YOUR PROPFATY &ff l5 NOT TAD PoR HtS WORK
NVOLWJG EXTRA COSTS WLL BE EXECUTED UPON WRITTEN ORDERS RIND WW. OR SUPR.)M HAS A R6W TO ENFME A CLAIM A&VM YOUR PROPERTY. TRS
BECOME AN EXTRA CHARGE OVER AND ARM T14E ESTIMATE. ALL AGAFF.MENTS MEANS THAT, AFTER A COURT HEARING YOUR PROPERTY COULD BE SOU) BY A
me oc.mun nI m MWTRnL. COURT OFFICER AND THE PROCEEDS Ok THE SALE USED TO SATISFY THE
EXHIBIT C
CITY OF SANTA Cl
SANTA CLARITA ATHLETIC CLUB SIGN
Date
Hours Rate
Amount
4/27/2005
1.1
215
$236.50
427/2005
0.4
215
$86.00
4272005
0.3
215
$64.50
4272005
1,7
215
$365.50
4272005
0.8
215
$172.00
427/2005
1
215
$215.00
428/2005
2
215
$430.00
4282005
0.5
215
$107.50
4282005
0.1
215
$21.50
4282005
0.2
215
$43.00
4292005
7.5
215
$1,612.50
4292005
1.1
215
$236.50
4292005
2.1
215
$451.50
429/2005
0.7
215
$150.50
4292005
0.3
215
$64.50
4292005
0.21
215
$43.00
5/1/2005
0.2
215
$43.00
5212005
1.2
215
$258.00
52/2005
1
215
$215.00
522005
0.4
215
$86.00
5/22005
0.8
215
$172.00
522005
0.2
215
$43.00
6212005
0.6
215
$129,00
6222005
0.7
215
$150.50
622/2005
1.2
215
$258.00
622/2005
0.4
215
$86.00
7/1/2005
0.2
215
$43.00
7/1/2005
2
170
$340.00
7/5/2005
1.3
170
$221.00
7/62005
0.2
215
$43.00
7/11/2005
0.8
215
$172.00
7/13/2005
0.2
215
$43.00
7/142005
0.9
215
$193.50
7/142005
0.2
215
$43.00
7/182005
0.5
215
$107.50
7/182005
0.3
215
$64.50
7/19/2005
1.1
215
$236.50
7/19/2005
1.2
215
$258.00
7/19/2005
0.21
215
$43.00
7/19/2005
0.3
215
$64.50
8/12005
0.2
215
$43.00
8/12005
0.3
215
$64.50
8/9/2005
0.2
215
$43.00
8/1612005
0.1
215
$21.50
8/17/2005
0.1
215$21.50
8/1812005
0.4
215
$86.00
8/222005
0.1
215
$21.50
CITY OF SANTA CLARITA
SANTA CLARITA ATHLETIC CLUB SIGN
Date
Hours Rate
Amount
8/29/2005
1
215
$215.00
8/30/2005
1.3
215
$279.50
8/30/2005
0.3
215
$64.50
9/15/2005
0.2
215
$43.00
10/7/2005
0.2
215
$43.00
10/26/2005
0.2
215
$43.00
10/27/2005
0.3
215
$64.50
11/7/2005
0.9
215
$193.50
11/11/2005
1.9
170
$323.00
11 H 4/2005
2.3
170
$391.00
11/16/2005
0.4
215
$66.00
11/17/2005
4.4
170
$748.00
12/14/2005
0.2
215
$43.00
12115/2005
0.3
215
$64.50
1/6/2006
0.5
215
$107.50
1/9/2006
0.5
215
$107.50
1/9/2006
2.8
170
$476.00
1/24/2006
0.2
215
$43.00
2/24/2006
0.7
215
$150.50
2/24/2006
0.5
170
$85.00
2/27/2006
0.7
215
$150.50
2/27/2006
0.2
200
$40.00
2/27/2006
0.1
215
$21.50
2127/2006
2.8
170
$476.00
3/1/2006
0.41
215
$86.00
3/13/2006
0.2
215
$43.00
3/14/2006
0.6
215
$129.00
3114/2006
0.4
215
$86.00
3/14/2006
0.2
215
$43.00
3/14/2006
0.3
215
$64.50
3/14/2006
0.4
170
$68.00
3/15/2006
1.1
215
$236.50
3/16/2006
1.21
215
$258.00
3/16/2006
0.4
215
$86.00
3/16/2006
1
215
$215.00
3/16/2006
6.5
170
$1,105.00
3/20/2006
0.3
215
$64.50
3/20/2006
1.4
170
$238.00
3/21/2006
0.3
215
$64.50
3/22/2006
1.3
215
$279.50
3/22/2006
0.4
215
$86.00
3/22/2006
0.4
170
$68.00
3/23/2006
0.3
215
$64.50
3/23/2006
0.1
215
$21.50
3/23/2006
0.2
215
$43.00
3/24/2006
0.2
215
$43.00
3/24/2006
1.5
215
$322.50
CITY OF SANTA CLARITA
SANTA CLARITA ATHLETIC CLUB SIGN
Date
Hours Rate
Amount
3/24/2006
0.2
215
$43.00
3/24/2006
0.3
215
$64.50
3/24/2006
0.3
215
$64.60
3/24/2006
0.6
170
$102.00
3/24/2006
2.7
170
$459.00
3/25/2006
0.2
215
$43.00
3/27/2006
0.2
215
$43.00
3127/2006
0.2
215
$43.00
3/27/2006
0.1
215
$21.50
3/28/2006
0.1
215
$21.50
3/28/2006
0.1
215
$21.50
3/28/2006
0.8
215
$172.00
3/28/2006
0.4
170
$68.00
3/29/2006
0.2
215
$43.00
3/29/2006
0.2
170
$34.00
3130/2006
0.7
215
$150.50
3/30/2006
0.2
215
$43.00
3/30/2006
1.2
215
$258.00
3/30/2006
0.1
215
$21.50
3/31/2006
0.1
215
$21.50
4/3/2006
0.6
170
$102.00
4/6/2006
0.2
215
$43.00
4/11/2006
1.5
170
$255.00
4/12/2006
0.8
215
$172.00
4/12/2006
0.1
215
$21.50
4/12/2006
0.9
170
$153.00
4/13/2006
0.7
215
$150.50
4/13/2006
0.3
215
$64.50
4/17/2006
0.2
215
$43.00
4/18/2006
0.5
215
$107.50
4/18/2006
0.7
170
$119.00
4/18/2006
2.5
170
$425.00
4/19/2006
3.1
170
$527.00
4/20/2006
0.4215
$66.00
4/20/2006
4.8
170
$816.00
4/21/2006
0.7
170
$119.00
4/24/2006
0.1
215
$21.50
4/25/2006
0.1
170
$17.00
4/26/2006
0.8
215
$172.00
4/26/2006
0.3
215
$64.50
4/27/2006
0.1
215
$21.50
4/27/2006
0.3
215
$64.50
5/1/2006
0.2
215
$43.00
5/2/2006
0.2
215
$43.00
5/3/2006
0.3
95
$28.50
5/9/2006
0.2
215
$43.00
5/24/2006
4.1
170
$697.00
CITY OF SANTA CLARITA
SANTA CLARITA ATHLETIC CLUB SIGN
Date
Hours Rate
Amount
5/30/2006
0.1
170
$17.00
6/5/2006
0.8
170
$136.00
6/6/2006
0.3
95
$28.50
6/8/2006
3.9
170
$663.00
6/9/2006
0.3
215
$64.50
6/16/2006
0.91
170
$153.00
Time Total
119.4
$23,107.50
3403 Tenth Street - Suite 300
Riverside California 92501-3659
voice 951.788.0100 - fax 951.788.5785
® www.bwslaw.com
BURKE, WILLIAMS & SORENSEN, LLP
June 16, 2006
Via Certified Mail, Retum Receipt Requested
and Via Ovemioht Express Courier
Santa Clarita Athletic Club
24640 Wiley Canyon Road
Santa Clarita, CA 91321
Re:
Dear Property Owner:
NMI
Our He No:
02012-=4
This office serves as City Attorney for the City of Santa Clarita ("City'). This letter serves
as notice that, now that the nonconforming pylon sign located at 24640 Wiley Canyon Road has
been abated pursuant to a Court -issued warrant, the City is moving to recover all associated
fees and costs pursuant to Santa Clarita Municipal Code § 1.01.260.
Accordingly, an item has been placed on the City Council agenda for June 27, 2006, at
6:00 p.m., at the 1st floor of City Hall, 23920 Valencia Blvd., Santa Clarita, California. The City
Council will determine whether to adopt a resolution ordering a special assessment and lien be
placed on the subject property (APNs 2825-011-015, 2825-011-016 AND 2825-011.018) for the
costs and expenses of the abatement of the nonconforming pylon sign located on the property.
Copies of the staff report and supporting documents will be available from the City Clerk on
June 22, 2006.
If you have any questions, please contact me at (213) 236-0600.
Very truly yours,
BURKE, WILLIAMS & SORENSEN, LLP
PHILIP A. KRAFT
cc Carl K. Newton, Esq., City Attorney
Ken Striplin, Assistant City Manager
Lisa Hardy, Planning Manager
Paul Brotzman, Director of Community Development
Tina Haddad, Management An t
Chandra G: Spencer, Esq. /
Sharon Dawson, City Clerk
Curtis Williams, Supervising Community Preservation Officer
Jason Mikaelian, Associate Planner
RN #4820-2938.8032 v2
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