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HomeMy WebLinkAbout2006-08-22 - AGENDA REPORTS - PUBLIC NUISANCES SIGN ABATE (2)PUBLIC HEARING DATE: SUBJECT: DEPARTMENT: Agenda Item: _ I Aq— CITY OF SANTA CLARITA AGENDA REPORT City Manager Approval: Item to be presented by: August 22, 2006 011 City AttomPeysOfffifice, DECLARATION OF NON -CONFORMING SIGNS AS PUBLIC NUISANCES; INTENT TO ABATE; ESTABLISHMENT OF DATE TO HEAR OBJECTIONS; AUTHORIZATION TO ENTER INTO A PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY AND TWO (2) CITY -HIRED SIGN CONTRACTORS TO PROVIDE CONTRACTOR SERVICES FOR REMOVAL OF NON -CONFORMING BUSINESS SIGNS Community Development RECOMMENDED ACTION City Council approve the proposed Resolution declaring its intention to abate the public nuisances created by non -conforming signs, setting September 26, 2006, as the date for a public hearing on objections to the proposed abatement; and authorize the City Manager or designee to enter into a professional services contract between the City and two (2) City -hired sign contractors to provide contractor services for removal of non -conforming business signs, for a contract amount not to exceed $100,000 each, subject to City Attorney approval. 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. Through this program, the City may abate the nuisances created on various properties by non -conforming signs. The purpose of the Resolution of Intention is threefold: 1) To declare eight non -conforming signs to be a public nuisance. 2) To declare the City Council's intent to abate the public nuisance. �i • 3) To establish the date of September 26, 2006, at 6:00 p.m. as the date and time for a public hearing to hear and consider all objections to the proposed abatement of the signs. This action will also authorize the City Manager or designee to enter into a professional services contract between the City and two (2) City -hired contractors to provide contractor services for removal of non -conforming business signs, for a contract amount not to exceed $100,000 each. This resolution 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 Government Code § 5499.2(a). BACKGROUND A. The Sign Compliance Program In 1990, the City, through the adoption of Ordinance No. 90-35, made significant revisions to the sign regulations 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 eight signs which are the subject of the proposed resolution, became legal non -conforming signs. In 1990, 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 non -conforming signs. To date, over 98 percent of properties comply with the Sign Code, leaving about 40 properties maintaining illegal signs. Through this resolution, the City is pursuing compliance of the eight properties. 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. B. The Subject Non -Conforming Signs Following are eight properties within the City of Santa Clarita on which non -conforming signs are present, detailing the notices provided to the property owners to remove the non -conforming signs: 1. 18003 Soledad Canyon Road — Gas Mini -Mart The subject non -conforming pylon sign is at the comer 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 § 17.19.190 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). 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 comer 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 § 17.19.190 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). 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 corner 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 § 17.19.190 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). 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 § 17.19.190 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). 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 comer 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 § 17.19.190 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). The non -conforming sign is still present at this location. 6. 20713 Soledad Canyon Road — Country Auto 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 § 17.19.190 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). 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 § 17.19.190 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). The non -conforming sign is still present at this location. 8. 21441/21445 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 § 17.19.190 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). The non -conforming sign is still present at this location. ANALYSIS This resolution declares eight specific non -conforming signs public nuisances and is the first City Council action necessary for the City of Santa Clarita to carry out the Sign Compliance Program. Santa Clarita Municipal Code § 17.19.250(D) provides as follows: (1) The City Council may declare, by resolution, as public nuisances and abate all illegal signs within its jurisdiction. The resolution shall describe the property upon which or in front of which the nuisance exists by stating the lot and block number according to the County Assessor's map and street address, if known. Any number of parcels of private property may be included in one resolution. (5) a. At the time stated in the notices, the City Council shall hear and consider all objections to the proposed removal of the sign. It may continue the hearing from time to time. By motion or resolution at the conclusion of the hearing, the City Council shall allow or overrule any objections. At that time, the City acquires jurisdiction to proceed and perform the work of removal. (9) The nuisance may, in the sole discretion of the City Council, be abated by performance on a contract awarded by the City Council on the basis of competitive bids let to the lowest responsible bidder. The contractor performing the contract shall keep an itemized account and submit such itemized written report for each separate parcel of property required by subsection (D)(7) of this section. Staff recommends that the City Council approve the proposed Resolution declaring its intention to abate the public nuisances created by non -conforming signs and setting September 26, 2006, as the date for a hearing on objections to the proposed abatement. 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. SIGN CONTRACTOR SERVICES Moreover, staff recommends that the City Council authorize the City Manager or his designee to enter into a professional services contract between the City and two (2) City -hired sign contractors to provide contractor services for removal of non -conforming business signs, for a contract amount not to exceed $106,000 each. Because of the various types of non -conforming signs remaining (pylon, monument, and wall signs), two sign contractors specializing in different types of signs are necessary to complete the sign removal process. Having the two sign contractors also allows for flexibility and availability of staff at the time of sign abatement. 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 Signing Photos for eight properties Resolution Compliance letters for eight properties available in the City Clerk's Reading File