HomeMy WebLinkAbout2006-09-26 - AGENDA REPORTS - NON CONFORMING SIGN REMOVAL (2)PUBLIC HEARING
DATE:
SUBJECT:
DEPARTMENT:
Agenda Item:
CITY OF SANTA CLARITA
AGENDA REPORT
City Manager Approval
Item to be presented by:
September 26, 2006
HEARING ON OBJECTIONS TO PROPOSED REMOVAL OF
NON -CONFORMING SIGNS
Community Development
RECOMMENDED ACTION
City Council conduct the public hearing and consider objections to the proposed removal of eight
non -conforming signs, declared public nuisances by the City Council on August 22, 2006, close
the record to any new objections, and continue the item to November 14, 2006.
PURPOSE
The City's Sign Compliance Program is intended to improve the aesthetic appearance of the
community and reduce competitive streetscape signage clutter along the City's roadway
corridors. In 1999, the City began its "Sign Compliance Program" to remove the remaining
non -conforming signs. Since 2004, approximately 45 non -conforming signs have been brought
into compliance. To date, over 98 percent of the properties comply with the Sign Code, leaving
about 40 properties maintaining illegal signs. Through this program, the City may abate the
nuisances created on various properties caused by non -conforming signs.
The purpose of this hearing is to provide the property owners of eight non -conforming signs,
declared public nuisances by the City Council on August 22, 2006, the opportunity to state
objections to the proposed removal of the signs.
This hearing is a necessary legal step in the execution of the Sign Compliance Program under the
provisions of the Santa Clarita Municipal Code § 17.90.250(D) and California Business and
Professions Code § 5499.7.
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BACKGROUND
A. Declaration of Eight Non -Conforming Signs As Public Nuisances
On August 22, 2006, after notice to the property owners and tenants, the City Council considered
and adopted Resolution No. 06-90, declaring eight non -conforming signs as public nuisances and
declaring its intention to abate the non -conforming signs. At that time, the City Council directed
that a public hearing should be conducted on September 26, 2006 to hear and consider all
objections to the proposed abatement of the non -conforming signs.
Section 17.19.250 of the Sign Code outlines the process for the City to abate 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. If the property owner does
not appeal the notice to the Planning Commission, the City Council may declare non -conforming
signs as public nuisances and further declare the City's intent to abate the non -conforming signs.
Following a public hearing to hear and consider all objections to the proposed abatement of a
non -conforming 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 property owners were given notice of
this hearing as set forth in Santa Clarita Municipal Code § 17.19.250(D)(3) & (4).
Based on communications with the property owners after the August 22nd hearing declaring the
non -conforming signs public nuisances, staff believes that there is a good chance that many, if
not all, of the non -conforming signs will be voluntarily removed by the property owners.
Accordingly, staff recommends that, after hearing and considering any objections to the proposed
removal of the non -conforming signs, the City Council close the floor to additional objections
and continue the hearing to the City Council meeting on November 14, 2006. At that time, staff
will provide an update to the City Council regarding the status of the non -conforming signs and
the City Council will be able to determine if further action is required by the City to remove such
signs.
B. The Subiect Non -Conforming Signs
18003 Soledad Canyon Road — Gas Mini -Mart
The subject non -conforming pylon sign is at the corner of Soledad Canyon Road and Lost
Springs Road, and is located on the property at 18003 Soledad Canyon Road (APN:
2844-007-009). The subject sign is non -conforming for reasons that include, but are not limited
to, the failure to meet the minimum lot size (3 acres) or minimum street frontage requirements
(500 feet) for pylon signs as stated in the § 17.19.170 of the Sign Code. The lot size for this
property is 0.2 acres with a frontage of 152 feet.
On May 17, 2006, the City Attorney, as the designee of the Director of Community
Development, sent a Notice to Remove Non -Compliant Sign to the property owner of record.
The property owner did not appeal this notice to the Planning Commission as authorized by
Santa Clarita Municipal Code § § 17.19.250(B) and 17.19.260(A).
On August 22, 2006, the City Council declared the non -conforming sign located on the property
at 18003 Soledad Canyon Road to be a public nuisance and further declared its intent to abate.
No objections to the proposed abatement have been received by staff. As of the preparation of
this staff report, the non -conforming sign is still present at this location.
2. 18255-18295 Soledad Canyon Road — La Pico Plaza
The subject non -conforming pylon sign is at the corner of Soledad Canyon Road and Solamint
Road, and is located on the property at 18255-18295 Soledad Canyon Road (APNs:
2844-004-014, 2844-004-078 & 2844-004-077). The subject sign is non -conforming for reasons
that include, but are not limited to, the failure to meet the minimum lot size (3 acres) for pylon
signs as stated in the § 17.19.170 of the Sign Code. The lot size for this property is 1.68 acres.
On May 17, 2006, the City Attorney, as the designee of the Director of Community
Development, sent a Notice to Remove Non -Compliant Sign to the property owner of record.
The property owner did not appeal this notice to the Planning Commission as authorized by
Santa Clarita Municipal Code §§ 17.19.250(B) and 17.19.260(A).
On August 22, 2006, the City Council declared the non -conforming sign located on the property
at 18255-18295 Soledad Canyon Road to be a public nuisance and further declared its intent to
abate. No objections to the proposed abatement have been received by staff. As of the
preparation of this staff report, the non -conforming sign is still present at this location.
3. 18514-18520 Soledad Canyon Road — Sierra Plaza
The subject non -conforming pylon sign at the comer of Soledad Canyon Road and Sierra
Highway, and is located on the property at 18514-18520 Soledad Canyon Road (APN:
2803-028-014). The subject sign is non -conforming for reasons that include, but are not limited
to, the failure to meet the minimum lot size (3 acres) or minimum street frontage requirements
(500 feet) for pylon signs as stated in the § 17.19.170 of the Sign Code. The lot size for this
property is 0.8 acres with a frontage of 447 feet.
On May 17, 2006, the City Attorney, as the designee of the Director of Community
Development, sent a Notice to Remove Non -Compliant Sign to the property owner of record.
The property owner did not appeal this notice to the Planning Commission as authorized by
Santa Clarita Municipal Code §§ 17.19.250(B) and 17.19.260(A).
On August 22, 2006, the City Council declared the non -conforming sign located on the property
at 18514-18520 Soledad Canyon Road to be a public nuisance and further declared its intent to
abate. No objections to the proposed abatement have been received by staff. As of the
preparation of this staff report, the non -conforming sign is still present at this location.
4. 18902-18932 Soledad Canyon Road — The Knoll
The subject non -conforming pylon sign is on Soledad Canyon Road near Crossglade Avenue,
and is located on the property at 18902-18932 Soledad Canyon Road (APN: 2803-029-023). The
subject sign is non -conforming for reasons that include, but are not limited to, the failure to meet
the minimum lot size (3 acres) or minimum street frontage requirements (500 feet) for pylon
signs as stated in the § 17.19.170 of the Sign Code. The lot size for this property is 1.78 acres
with a frontage of 154 feet.
On May 17, 2006, the City Attorney, as the designee of the Director of Community
Development, sent a Notice to Remove Non -Compliant Sign to the property owner of record.
The property owner did not appeal this notice to the Planning Commission as authorized by
Santa Clarita Municipal Code §§ 17.19.250(B) and 17.19.260(A).
On August 22, 2006, the City Council declared the non -conforming sign located on the property
at 18902-18932 Soledad Canyon Road to be a public nuisance and further declared its intent to
abate. No objections to the proposed abatement have been received by staff. As of the
preparation of this staff report, the non -conforming sign is still present at this location.
5. 18950 Soledad Canyon Road — Carl's Jr.
The subject non -conforming pylon sign is at the corner of Soledad Canyon Road and Crossglade
Avenue, and is located on the property at 18950 Soledad Canyon Road (APN: 2803-029-028).
The subject sign is non -conforming for reasons that include, but are not limited to, the failure to
meet the minimum lot size (3 acres) or minimum street frontage requirements (500 feet) for
pylon signs as stated in the § 17.19.170 of the Sign Code. The lot size for this property is 0.66
acres with a frontage of 315 feet.
On May 17, 2006, the City Attorney, as the designee of the Director of Community
Development, sent a Notice to Remove Non -Compliant Sign to the property owner of record.
The property owner did not appeal this notice to the Planning Commission as authorized by
Santa Clarita Municipal Code §§ 17.19.250(B) and 17.19.260(A).
On August 22, 2006, the City Council declared the non -conforming sign located on the property
at 18950 Soledad Canyon Road to be a public nuisance and further declared its intent to abate. A
representative of the property owner appeared at the August 22nd hearing to express objections
to the proposed abatement. An analysis of those objections is contained below. As of the
preparation of this staff report, the non -conforming sign is still present at this location.
6. 20723 Soledad Canyon Road — CountryAuto
The subject non -conforming pylon sign is located on the property at 20723 Soledad Canyon
Road (APN: 2805-018-028). The subject sign is non -conforming for reasons that include, but are
not limited to, the failure to meet the minimum lot size (3 acres) or minimum street frontage
requirements (500 feet) for pylon signs as stated in the § 17.19.170 of the Sign Code. The lot
size for this property is 0.11 acres with a frontage of 250 feet.
On June 30, 2006, the City Attorney, as the designee of the Director of Community
Development, sent a Notice to Remove Non -Compliant Sign to the property owner of record.
The property owner did not appeal this notice to the Planning Commission as authorized by
Santa Clarita Municipal Code §§ 17.19.250(B) and 17.19.260(A).
On August 22, 2006, the City Council declared the non -conforming sign located on the property
at 20723 Soledad Canyon Road to be a public nuisance and further declared its intent to abate.
No objections to the proposed abatement have been received by staff. As of the preparation of
this staff report, the non -conforming sign is still present at this location.
7. 20733 Soledad Canyon Road — Santa Clarita Valley Auto Specialists
The subject non -conforming pylon sign is located on the property at 20733 Soledad Canyon
Road (APN: 2805-018-024). The subject sign is non -conforming for reasons that include, but are
not limited to, the failure to meet the minimum lot size (3 acres) or minimum street frontage
requirements (500 feet) for pylon signs as stated in the § 17.19.170 of the Sign Code. The lot
size for this property is 0.21 acres with a frontage of 100 feet.
On June 30, 2006, the City Attorney, as the designee of the Director of Community
Development, sent a Notice to Remove Non -Compliant Sign to the property owner of record.
The property owner did not appeal this notice to the Planning Commission as authorized by
Santa Clarita Municipal Code §§ 17.19.250(B) and 17.19.260(A).
On August 22, 2006, the City Council declared the non -conforming sign located on the property
at 20733 Soledad Canyon Road to be a public nuisance and further declared its intent to abate.
No objections to the proposed abatement have been received by staff. As of the preparation of
this staff report, the non -conforming sign is still present at this location.
8. 21441121445 Soledad Canyon Road — Santa Clarita Valley Rental Center
The subject non -conforming pylon sign is located on the property at 21441/21445 Soledad
Canyon Road (APN: 2849-021-020). The subject sign is non -conforming for reasons that
include, but are not limited to, the failure to meet the minimum lot size (3 acres) or minimum
street frontage requirements (500 feet) for pylon signs as stated in the § 17.19.170 of the Sign
Code. The lot size for this property is 0.15 acres with a frontage of 100 feet.
On June 30, 2006, the City Attorney, as the designee of the Director of Community
Development, sent a Notice to Remove Non -Compliant Sign to the property owner of record.
The property owner did not appeal this notice to the Planning Commission as authorized by
Santa Clarita Municipal Code §§ 17.19.250(B) and 17.19.260(A).
On August 22, 2006, the City Council declared the non -conforming sign located on the property
at 21441/21445 Soledad Canyon Road to be a public nuisance and further declared its intent to
abate. No objections to the proposed abatement have been received by staff. As of the
preparation of this staff report, the non -conforming sign is still present at this location.
ANALYSIS
To date, staff has only received objections to the removal of one (1) non -conforming sign: the
Carl's Jr. sign located at 18950 Soledad Canyon Road. Attached hereto are prior photographs of
the Carl's Jr. sign as previously requested by the City Council.
A. Obiections to Removal of the Non -Conforming Sign Located at 18950 Soledad
Canyon Road (Carl's Jr.)
OBJECTION: Special Topographic Circumstances Prohibit Removal of
the Sign
The property owner has asserted that the City is prohibited from removing the non -conforming
sign located at 18950 Soledad Canyon Road pursuant to California Business & Professions Code
§ 5499. The attached legal memorandum from the City Attorney sets forth the law as it relates to
this statute, and sets out a two-part test: first, does the local ordinance require removal of the sign
based on its height or size? If so, would special topographic circumstances cause a conforming
sign to be materially less visible or less effective at communicating the owner's message to the
public?
a. Does the ordinance being relied upon in requiring the removal of
the sign at issue require removal on the basis of the height or size
of the sign?
The answer to this question is no. The existing sign does not conform with the Santa Clarita
Sign Ordinance. The Sign Ordinance allows pylon signs for properties with 500 feet of street
frontage and three (3) acres of land (Santa Clarita Municipal Code § 17.90.170(A)(1)). The
subject property does not meet this minimum requirement, however, as the lot size for this
property is 0.66 acres with a frontage of 315 feet.
Therefore, the sign does not conform to the sign ordinance based on the features of the property,
not based on the height or size of the sign. Regardless of the height or size, no pylon sign would
be permitted at the subject property because it fails to meet the minimum acreage and street
frontage requirements.
b. Do special topographic circumstances cause a conforming sign to
be materially less visible or less effective at communicating the
owner's message to the public?
As the answer to the first question is no, a review of any special topographic circumstances
affecting the non -confirming sign is technically unnecessary. However, for the sake of
completeness, staff has reviewed the topographic circumstances at the non -conforming sign and
recommends that the City Council make a finding that special topographic circumstances do not
cause a conforming sign to be materially less visible or less effective at communicating the
owner's message to the public.
No special circumstances are applicable to the property (size, shape, topography, location or
surroundings) or the intended use of the property, the strict application of the Development Code
does not deprive the property of privileges enjoyed by other properties in the vicinity under
identical zoning classification because the site has no physical hardship that would prevent the
applicant from complying with the regulations set forth in the City's Sign Ordinance. The site is
relatively flat with good visibility from Soledad Canyon Road.
There is no topographical change on Soledad Canyon Road that would cause a conforming sign
to be materially less visible or less effective at communicating the owner's message to the public.
Soledad Canyon Road is a large thoroughfare running west to east with at least two lanes in each
direction separated by a concrete median at the subject property. The subject sign is located on
the southwest corner of the intersection formed by Soledad Canyon Road and Crossglade
Avenue, a signaled intersection. Crossglade Avenue is a residential street that terminates
approximately 100 meters south and extends less than one (1) kilometer north of Soledad Canyon
Road.
There is a subtle change in elevation of no more than ten (10) feet at the property located at the
southeast comer of the intersection formed by Soledad Canyon Road and Crossglade Avenue, at
18934 Soledad Canyon Road. However, the embankment which demarks the change of
elevation is located beyond the sidewalk between that business and Soledad Canyon Road.
Traffic moving eastbound on Soledad Canyon Road will have an unobstructed view of a
conforming sign at the subject property, unaffected by any special topographic circumstances.
The subtle change in elevation would be behind a conforming sign for traffic coming from this
direction. Traffic moving westbound on Soledad Canyon Road will similarly have an
unobstructed view of a conforming sign at the subject property, unaffected by any special
topographic circumstances. As westbound traffic is separated by a concrete median, the subtle
change in elevation at 18934 Soledad Canyon Road would not have any impact.
A conforming sign at this location will not be materially less visible or less effective at
communicating the owner's message to the public. With the installation of a conforming
monument sign, the owner will be able to effectively communicate the subject business to the
public.
As additional support for this finding, other establishments located along Soledad Canyon Road
have removed non -conforming signs and installed conforming monument signs without being
materially less visible or less effective at communicating the owner's message to the public.
These establishments include those at the northwest (Jack in the Box) and northeast (Taco Bell)
comers of the same intersection of Soledad Canyon Road and Crossglade Avenue. Additionally,
property owners of Burger King (19018 Soledad Canyon Road), Denny's (18916 Soledad
Canyon Road), Wienerschnitzel (18900 Soledad Canyon Road) and McDonald's (18950 Soledad
Canyon Road) have complied by removing non -conforming pylon signs and installing
conforming monument signs. Currently, Carl's Jr. is the only remaining non -conforming sign for
a fast food establishment in this stretch of Soledad Canyon Road.
Based on the above, staff recommends that the City Council find that a conforming sign is not
materially less visible or less effective at communicating the owner's message at this location. In
fact, a conforming monument sign at the property will be extremely effective at communicating
the owner's message to the public.
2. OBJECTION: The City has Issued A Permit or Variance for the Sign
As an alternative objection, the property owner asserts that a permit or variance has been issued
by the City which permits the non -conforming sign. Staff has fully reviewed the City's file, and
no such permit or variance has been issued. Indeed, the City has issued only one (1) building
permit related to signage for the Carl's Jr. located at 18950 Soledad Canyon Road and no
variances. No permits have been issued by the City on the re -facing of the Carl's Jr. pylon sign
or any other modifications of the non -conforming sign.
On November 7, 1996, the City issued a building permit for two (2) channel letter wall signs on
the Carl's Jr. building. This permit does not relate to or otherwise allow the subject
non -conforming sign.
On April 5, 2000, a Sign Variance was issued to the adjacent "El Segundo Shopping Center" to
allow for the maintenance of a modified 15' tall pylon sign. The El Segundo Shopping Center is
owned by the same party as the Carl's Jr., Morris Taback. This in no way relates to the subject
non -conforming sign.
B. Obiections to Removal of the Seven (7) Remaining Non -Conforming Signs
Staff has not received any objections to the removal of the seven (7) remaining non -conforming
signs that were declared as public nuisances by the City Council on August 22nd. However, as
with the non -conforming Carl's Jr. sign, all signs are non -conforming in that they fail to meet the
minimum requirement of 500 feet of street frontage and/or three (3) acres of land per Santa
Clarita Municipal Code § 17.90.170(A)(1). Staff has performed a review of the City's permits
and variances and had found that none of these non -conforming signs have been issued any
building permit or sign variance to permit the maintenance of the non -conforming signs.
Staff believes that there is a good chance that many, if not all, of the non -conforming signs will
be voluntarily removed by the property owners. Accordingly, staff recommends that, after
hearing and considering any objections to the proposed removal of the non -conforming signs, the
City Council close the floor to additional objections and continue the item to the next City
Council meeting on November 14, 2006. As before, the property owners involved may either
complete the abatement themselves or the City will do the work and recover the cost of the
abatement through a special assessment and lien against the individual property.
ALTERNATIVE ACTIONS
Other actions as determined by the City Council.
FISCAL IMPACT
Expenses incurred by the City in enforcing abatement upon the property, including investigation,
boundary determination, measurement, clerical, legal and other related costs, may be recovered
as a special assessment and lien under Santa Clarita Municipal Code § 17.19.250(D)(10).
ATTACHMENTS
Prior Photographs of Carl's Jr. Pylon Sign
Legal Memorandum From City Attorney Regarding B&P § 5499
Photographs of Non -conforming Signs available in the City Clerk's Reading File
Staff Report for Resolution No.: 06-90 available in the City Clerk's Reading File
Resolution No.: 06-90 available in the City Clerk's Reading File
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BURKE, WILLIAMS & SOR NS N, LLP
OFFICE MEMORANDUM
TO: City of Santa Clarita - Planning Division
FILE NO. 02012®0342
FROM: Chandra G. Spencer, Deputy City Attorney
DATE: September 14, 2006
I: Legal Standard Under California Business & Professions Code § 5499
Question Presented
City Staff has requested that the City Attorney set forth the legal standard for the removal
of non -conforming signs pursuant to California Business & Professions Cade § 5499.
Analvsis
California Business & Professions Code § 5499 states:
Regardless of any other provision of this chapter or other law, no city or county
shall require the removal of any on -premises advertising display on the basis of its
height or size by requiring conformance with any ordinance or regulation
introduced or adopted on or after March 12, 1983, if special topographic
circumstances would result in a material impairment of visibility of the display or
the owner's or user's ability to adequately and effectively continue to
communicate with the public through the use of the display. Under these
circumstances, the owner or user may maintain the advertising display at the
business premises and at a location necessary for continued public visibility at the
height or size at which the display was previously erected and, in doing so, the
owner or user is in conformance.
This statute contains a two-part test. First, does the local ordinance require removal of the sura
based on its height or size? If so, would special topographic circumstances cause a conforming
sign to be materially less visible or less effective at communicating the owner's message to the
public? Denny's, Inc. v. City of Agoura Hills, 56 Cal.App.4th 1312, 1321 (1997).
"[T]he terrn `topographic circumstances' embraces man-made features as well as the land's
natural contours ... include[ing] not only nature's hills and trees, but also variant height terrain
and vision interruptions from. any other source, ... the building structures in the area, utility
poles and wires." Id. at 1325-1326. The terra excludes traffic and obstructions from other
vehicles. Id. at 1326. The statute modifies the term "topographic circumstances" with the word
"special." However, this modification has been interpreted "simply to mean particular or
individual topographic circumstances which would make a conforming sign inadequate." Id.
&:Iv #4834-62364N97 v
September 14, 2006
Page 2
(emphasis in original). Finally, "topographic circumstances" relate t® both the visibility and the
commercial effectiveness of a sign. Iii. at 1327.
RIV 44834-6216-0837 vI