HomeMy WebLinkAbout2008-08-26 - AGENDA REPORTS - ABATE SIGNS PUBLIC NUISANCES (2)Agenda Item:
CITY OF SANTA CLARITA-
AGENDA REPORT
CONSENT CALENDAR City Manager Approval:
Item to be presented by:
DATE: August 26, 2008
SUBJECT: DECLARATION OF NON -CONFORMING SIGNS AS PUBLIC
NUISANCES; INTENT TO ABATE; ESTABLISHMENT OF DATE
TO HEAR OBJECTIONS
DEPARTMENT: Community Development
RECOMMENDED ACTION
City Council approve the proposed Resolution declaring Council's intention to abate the public
nuisances created by non -conforming signs, setting September 23, 2008, as the date for a public
hearing on objections to the proposed abatement.
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 two non -conforming signs to be a public nuisance.
2) To declare the City Council's intent to abate the public nuisance.
3) To establish the date of September 23, 2008, 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 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).
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BACKGROUND
A. The Sikn Compliance Pro ram
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 three 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, almost all of these properties comply with the Sign Code,
leaving eight properties maintaining non -conforming signs. Through this resolution, the City is
pursuing compliance of two properties. Of the remaining six properties with non-compliant
signs, staff anticipates that four property owners will voluntarily bring their signage into
compliance. Of the final two properties, one has appealed their notice to the Planning
Commission and staff is processing an application for a Sign Variance for the other.
Section 17.19.250 of the Sign Code outlines the process for the City to abate non -conforming
signs. First, the Code requires the City to send a notice to the property owner to remove the
non -conforming 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 Subiect Non -Conforming Signs
The following are two properties within the City of Santa Clarita on which non -conforming signs
are present, and where notices provided to the property owners to remove the non -conforming
signs have been futile:
1. 24811 Railroad Avenue — Newhall Square
The subject non -conforming pylon sign is on Railroad Avenue near 14th Street, and is located on
the property at 24811 Railroad Avenue (APN: 2855-013-044). 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
§ 17.19.170 of the Sign Code. The lot size for this property is one acre with a frontage of 200
feet.
On July 11, 2008, 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). Staff has worked with the property owner
and offered suggestions for signage options that comply with the UDC. However the property
owner has not made any changes to the signage to date and the non -conforming sign is still
present at this location.
2. 23226 Lyons Avenue — Lyons Village
The subject non -conforming pylon sign is on Lyons Avenue between Valley Street and Wayman
Street, and is located on the property at 23226 Lyons Avenue (APN: 2830-014-010). 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 § 17.19.170 of the Sign Code. The lot size for this property is 1.24 acres with a frontage
of 259 feet.
On July 11, 2008, 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). Staff has worked with the property owner
and offered suggestions for signage options that comply with the UDC. However the property
owner has not made any changes to the signage to date and the non -conforming sign is still
present at this location.
ANALYSIS
This resolution declares two specific non -conforming signs as 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
7
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 23, 2008,
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.
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
Resolution
Compliance Letters from City Attorney
Lyons Village Sign Photo
Newhall Square Sign Photo
RESOLUTION 08-
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA CLARITA, CALIFORNIA, DECLARING THAT TWO
NON -CONFORMING SIGNS ARE PUBLIC NUISANCES AND DECLARING ITS
INTENTION TO PROVIDE FOR THE ABATEMENT THEREOF
WHEREAS, on July 11, 2008, the City Attorney, as the designee of the Director of
Community Development, sent the owners of the following properties a notice to remove or
appropriately modify the non -conforming signs on their property to comply with the provisions
of Chapter 17.19 of the City's Municipal Code ("Sign Code") within 30 days: 24811 Railroad
Avenue (APN: 2855-013-044); and 23226 Lyons Avenue (APN: 2830-014-010); and '
WHEREAS, the property owners for the two properties (the "properties") have not
appealed the notices to the Planning Commission within fifteen (15) days as provided in §§
17.19.250(B), 17.19.260 & 17.01.110 of the Santa Clarita Municipal Code; and
WHEREAS, non -conforming signs are still in place at each of the properties; and
WHEREAS, the Sign Code provides for a process for the City Council to conduct a
public hearing to hear and consider all objections to the proposed abatement of non -conforming
signs; and
WHEREAS, the City Council desires to declare each of the non -conforming signs on the
properties to be public nuisances, to declare to abate as such; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA,
CALIFORNIA, does resolve as follows:
SECTION 1. The above recitals are all true and correct.
SECTION 2. The City Council hereby declares the non -conforming signs located at the
following properties to be public nuisances:
1) 24811 Railroad Avenue (APN: 2855-013-044), Lot #: 91, Block
#: N/A;
2) 23226 Lyons Avenue (APN: 2830-014-010), Lot #: 116, Block
#: N/A;
SECTION 3. The City Council hereby declares its intent to abate the public nuisances
created by the non -conforming signs.
SECTION 4. The City Council hereby directs that a public hearing should be conducted
at 6:00 p.m., or as soon thereafter as can be heard, on Tuesday, September 23, 2008 at Santa
Clarita City Hall, 23920 Valencia Boulevard, Santa Clarita, California, to hear and consider all
objections to the proposed abatement of the non -conforming signs.
ATTEST:
CITY CLERK
2
MAYOR
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA)
I, Sharon L. Dawson, MMC, City Clerk of the City of Santa Clarita, do hereby certify that
the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a
regular meeting thereof, held on the 26th day of August, 2008, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
3
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
CERTIFICATION OF
CITY COUNCIL RESOLUTION
I, Sharon L. Dawson, City Clerk of the City of Santa Clarita, do hereby certify that this is a true
and correct copy of the original Resolution 08- , adopted by the City Council of the City of
Santa Clarita, California on August 26, 2008, which is now on file in my office.
Witness my hand and seal of the City of Santa Clarita, California, this day of
52008.
Sharon L. Dawson, MMC
City Clerk
By
Susan Caputo, CMC
Deputy City Clerk
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444 South Flower Street - Suite 2400
Los Angeles, California 90071-2953
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BURKE, WILLIAMS & SORENSEN, LLP
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(213)236-2623
Our File No*
02012-0342
eshiraziCbwsiew.00m
July 11, 2008
VIA CERTIFIED & U.S. MAIL
Lillian and Laurence Miller
11421 Awenita Court
Chatsworth, CA 91311-1220
Re: Sign Compliance Program
Final Notice to Remove or Modify Non -Compliant Sign
For Property located at: 24811-24827 San Fernando Road
(APN: 2855-013-044)
(Newhall Square)
Dear Property Owner:
This office serves as City Attorney for the City of Santa Clarita (the "City"). In
1990, the City, through the adoption of Ordinance No. 90-35 ("Sign Ordinance"), 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
visual character of the community and reduce signage clutter along the City's roadway
corridors.
As a result of these amendments, a number of signs became legal
nonconforming signs. The Sign 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 these new requirements. After the
amortization period expired in 1999, the City sent out notices requesting property
owners to comply with the Sign Ordinance.
On April 21, 2006, and again on June 1, 2007, the City sent you letters regarding
the illegal signage at your property at 24811-24827 San Fernando Road (APN: 2855-
013-044) in the City of Santa Clarita. Both letters asked you to remove or appropriately
modify the non-compliant sign within 30 days of the date of the letter. Despite this, the
City's inspections reveal that the signage has not yet been brought into compliance with
the City's Sign Ordinance (Unified Development Code section 17.19).
Thus, the City is scheduling a hearing to declare the non -conforming sign as a
public nuisance on August 26, 2008. At this hearing, the Santa Clarita City Council will
consider the adoption of a resolution declaring the non -conforming sign located at the
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above -referenced property as a public nuisance, and further declaring its intent to abate
the non -conforming sign. Following this hearing, a contractor chosen by the City will
then be directed to remove the non -conforming sign at your expense.
If you would like to discuss the available sign compliance remedies, please
contact Darin Seegmiller, Assistant Planner, II in the Planning Division at (661) 255-
4350.
I trust that you will take the necessary steps to resolve these issues in a timely
manner without the need for formal legal action. However, please be advised that if you
fail to do so, the City will have no choice but to pursue all available legal remedies.
Thank you for your anticipated cooperation.
Very truly yours,
BURKE, WILLIAMS & SORENSEN, LLP
' .
EMANUEL S. SHIRAZI
cc: Carl K. Newton, Esq., City Attorney
Steven McEwen, Deputy City Attorney
Ken Striplin, Assistant City Manager
Paul Brotzman, Directory of Community Development
Lisa Webber, Planning Manager
Darin Seegmiller, Assistant Planner II
Curtis Williams, Supervising Community Preservation Officer
ND: 4831-5333-0178, V. 1
�' ''=°� "`"'_'' 444 South Flower Street - Suite 2400
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BURKE, WILLIAMS & SORENSEN, LLP
Writer's Direct Dial*
(213)236-2823
Our File No:
02012-0342
eshrrez1@bwslew oom
July 11, 2008
VIA CERTIFIED & U.S. MAIL
Lyons Equity LLC
16200 Ventura Blvd., Suite 414
Encino, CA 91436-4902
Re: Sign Compliance Program
Final Notice to Remove or Modify Non -Compliant Sign
For Property located at: 23226-23252 Lyons Ave.
(APN: 2830-014-010, 2830-014-005)
(Lyons Village)
Dear Property Owner:
This office serves as City Attorney for the City of Santa Clarita (the "City"). In
1990, the City, through the adoption of Ordinance No. 90-35 ("Sign Ordinance"), 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
visual character of the community and reduce signage clutter along the City's roadway
corridors.
As a result of these amendments, a number of signs became legal
nonconforming signs. The Sign 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 these new requirements. After the
amortization period expired in 1999, the City sent out notices requesting property
owners to comply with the Sign Ordinance.
On March 9, 2006 and again on June 1, 2007, the City sent you letters regarding
the illegal signage at your property at 23226-23252 Lyons Ave., (APN: 2830-014-010,
2830-014-005) in the City of Santa Clarita. Both letters asked you to remove or
appropriately modify the non-compliant sign within 30 days of the date of the letter.
Despite this, the City's inspections reveal that the signage has not yet been brought into
compliance with the City's Sign Ordinance (Unified Development Code section 17.19).
Thus, the City is scheduling a hearing to declare the non -conforming sign as a
public nuisance on August 26, 2008. At this hearing, the Santa Clarita City Council will
consider the adoption of a resolution declaring the non -conforming sign located at the
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above -referenced property as a public nuisance, and further declaring its intent to abate
the non -conforming sign. Following this hearing, a contractor chosen by the City will
then be directed to remove the non -conforming sign at your expense.
If you would like to discuss the available sign compliance remedies, please
contact Darin Seegmiller, Assistant Planner, II in the Planning Division at (661) 255-
4350.
I trust that you will take the necessary steps to resolve these issues in a timely
manner without the need for formal legal action. However, please be advised that if you
fail to do so, the City will have no choice but to pursue all available legal remedies.
Thank you for your anticipated cooperation.
Very truly yours,
BURKE, WILLIAMS & SORENSEN, LLP
Fky) 0'y1 uds6y
EMANUEL S. SHIRAZI
cc: Carl K. Newton, Esq., City Attorney
Steven McEwen, Deputy City Attorney
Ken Striplin, Assistant City Manager
Paul Brotzman, Directory of Community Development
Lisa Webber, Planning Manager
Darin Seegmiller, Assistant Planner II
Curtis Williams, Supervising Community Preservation Officer
ND: 4843-6142-0802, V. 1
444 South Flower Street- Suite 2400
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Our File No•
02012-0342
eshlraxt@bwelaw,00m
July 11, 2008
VIA CERTIFIED & U.S. MAIL
KG Group, LLC
513 Beirut Ave.
Pacific Palisades, CA 902724357
Re: Sign Compliance Program
Notice to Remove or Modify Non -Compliant Sign
For Property located at: 22930 Lyons Ave.
APN # 2830-016-011
(Oaks Plaza)
Dear Property Owner:
This office serves as City Attorney for the City of Santa Clarita (the "City"). In
1990, the City, through the adoption of Ordinance No. 90-35 ("Sign Ordinance"), 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
visual character of the community and reduce signage clutter along the City's roadway
corridors.
As a result of these amendments, a number of signs became legal
nonconforming signs. The Sign 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 these new requirements. After the
amortization period expired in 1999, the City sent out notices requesting property
owners to comply with the Sign Ordinance.
A recent staff inspection of your property at 22930 Lyons Ave., in the City of
Santa Clarita revealed that the signage has not yet been brought into compliance with
the City's Sign Ordinance (Unified Development Code section 17.19). Therefore, you
are required to remove or appropriately modify the non-compliant sign to comply
with the City's Sign Ordinance within thirty (30) days of the date of this letter.
LA #4847-7829-5298 v1
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Los Angeles - Inland Empire - Orange County - San Diego - San Jose - Ventura County
BURKE, WILLIAMS & SORENSEN, LLP
KG Group, LLC
Oaks Plaza
July 11, 2008
Page 2
Your property will be re -inspected after that time to ensure compliance. Failure to
comply will result in the issue being referred to the City Council for a public nuisance
hearing. A contractor chosen by the City may then be directed to remove the sign at
your expense.
Should you wish to appeal the City's determination that the sign is non -complaint,
you may do so within the above -stated thirty (30) day period. Any appeal must be made
in writing and directed to the Planning Commission located at 23920 Valencia Blvd.,
Suite 300, Santa Clarita, California 91355-2196, and must state the basis of the appeal.
If you would like to discuss the available sign compliance remedies, please
contact Darin Seegmiller, Assistant Planner II in the Planning Division at (661) 255-
4350.
trust that you will take the necessary steps to resolve these issues in a timely
manner without the need for formal legal action. However, please be advised that if you
fail to do so, the City will have no choice but to pursue all available legal remedies.
Thank you for your anticipated cooperation.
Very truly yours,
BURKE, WILLIAMS & SORENSEN, LLP
EMANUEL S. SHIRAZI
cc: Carl K. Newton, City Attorney
Steven McEwen, Deputy City Attorney
Ken Striplin, Assistant City Manager
Paul Brotzman, Directory of Community Development
Lisa Webber, Planning Manager
Darin Seegmiller, Assistant Planner II
Curtis Williams, Supervising Community Preservation Officer
Ned L. Gaylord, Attorney
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