HomeMy WebLinkAbout2008-09-23 - AGENDA REPORTS - PH NON CONFORMING SIGN (2)Agenda Item:
CITY OF SANTA CLARITA
AGENDA REPORT
PUBLIC HEARING City Manager Approval:
Item to be presented by:
DATE: September 23, 2008
SUBJECT: HEARING ON OBJECTIONS TO PROPOSED REMOVAL OF A
NON -CONFORMING SIGN LOCATED AT 24811 RAILROAD ,
AVENUE
DEPARTMENT: Community Development
RECOMMENDED ACTION
City Council conduct the public hearing and consider objections to the proposed removal of one
non -conforming sign, declared a public nuisance by the City Council on August 26, 2008, order
abatement of the remaining public nuisance and authorize the City Manager, or designee, to
transfer $15,000 from the City Council Contingency Fund, Account No. 19300-5401.001, to the
Planning Division's Professional Services Account No.13100-5161.002 for removal of
non-compliant signage.
PURPOSE
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 sign which is 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 five properties maintaining non -conforming signs. On August 26, 2008 the City Council
declared pylon signs at Lyons Village `(23226 Lyons Avenue) and Newhall Square (24811
Railroad Avenue) as public nuisances. Since that meeting, the property owners of Lyons Village
voluntarily removed the non -conforming pylon sign on their property. Therefore, the purpose of
Continued To: 1�beriq �fl�
this hearing is to provide the property owners of Newhall Square the opportunity to state
objections to the proposed removal of the signs.
Of the four remaining properties with non-compliant signage, staff anticipates that two property
owners will voluntarily bring their signage into compliance. Of the other two properties, one has
appealed their notice to the Planning Commission and the other has applied for a Sign Variance
which is currently being processed by staff and requires the approval of the Director of
Community Development.
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.
BACKGROUND
A. Declaration of Two Non -Conforming Signs As Public Nuisances
On August 26, 2008, after notice to the property owners and tenants, the City Council considered
and adopted Resolution No. 08-79, declaring two 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 23, 2008 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 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 Iien 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).
B. The Subiect Non -Conforming Sim
1. 23226 Lyons Avenue — Lyons Village
On August 25, 2008, the non -conforming sign located at 23226 Lyons Avenue (APN:
2830-014-010) was removed from the property and is no longer considered a public nuisance.
No further action is necessary.
2. 2481 ]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 August 26, 2008, the City Council declared the non -conforming sign located on the' property
at 24811 Railroad Avenue to be a public nuisance and further declared its intent to abate. No
objections to the proposed abatement have been received by staff.
The following is an outline of communication between staff and the property owner of Newhall
Square (or their representative, Pamela J. Hamilton) located at 24811 Railroad Avenue.
April 21, 2006 — The City sent a notice to the property owner requiring the removal or
appropriate modification the non -conforming signage. The property owner did not
respond to this notice.
• June 1, 2007 — The City Attorney, as the designee of the Director of Community
Development, sent a second notice requiring the removal or appropriate modification
of the non -conforming signage. 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). In response to this notice, the property owner's
representative requested an on-site meeting.to discuss the various options to achieve
compliance.
June 27, 2007 — Staff met with Pamela Hamilton, the property owner's representative,
at Newhall Square to discuss signage solutions for Newhall Square. Staff suggested
the placement of a monument sign in one of the existing landscape planters adjacent
to Railroad Avenue. A photographic simulation of staff s suggestion has been
attached to this report.
• July 11, 2008 — Because the property owner did not appeal either of the two previous
notices requiring compliance, a third notice was sent to the property owner stating
that a hearing before the City Council would be held on August 26, 2008 to declare
the sign a public nuisance.
• July 29, 2008 — The property owner's representative contacted staff and expressed
their unwillingness to bring their signage into conformance based on her
determination that staff s recommendation of a monument sign in one of the existing
landscape planters adjacent to Railroad Avenue would not adequately serve the
shopping center's signage needs.
• August 26, 2008 — The City Council declared the non -conforming sign located on the
property at 24811 Railroad Avenue to be a public nuisance and further declared its
intent to abate. The property owner's representative spoke at the City Council
meeting on behalf of her client stating that due to the poor health of the property
owner and special circumstances related to the location of the buildings in the
shopping center, that the non-compliant pylon sign should be allowed to remain in its
current location.
The property owner has been given ample time and opportunity to bring the signage on their
property into compliance. However, as of the preparation of this agenda report, the
non -conforming sign is still present at this location.
ANALYSIS
At the August 26, 2008 City Council meeting, the property owner's representative, Pamela J.
Hamilton, stated her contention that there were special circumstances related to the location and
design of Newhall Square which prohibit the City from requiring the removal of the
non -conforming pylon sign. This statement insinuates that the City is prohibited from removing
the non -conforming sign located at 24811 Railroad Avenue pursuant to California Business &
Professions Code § 5499 as it is incorporated into the Sign Code under § 17.19.250(C). 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?
1. 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 Code. The Sign Code only allows this type of pylon signsfor 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 one acre with a frontage of 200 feet.
Therefore, the sign does not conform to the Sign Code based on the features of the property, not
based on the height or size of the sign. In short, regardless of the height or size, no pylon sign
would be permitted at the subject property because the property fails to meet the minimum
acreage and street frontage requirements.
2. 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 subject property and
recommends that the City Council make a finding that there are no special topographic
circumstances that would 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 Code. The site is
relatively flat with good visibility from Railroad Avenue.
There is no topographical change on Railroad Avenue that would cause a conforming sign to be
materially less visible or less effective at communicating the owner's message to the public.
Railroad Avenue is a large thoroughfare running north to south with two lanes in each direction
at the subject property. The subject sign is located in an existing landscape planter, directly
adjacent to Railroad Avenue.
As shown in the simulation of a monument sign provided by staff, traffic moving either
northbound or southbound on Railroad Avenue will have an unobstructed view of a conforming
sign at the subject property, unaffected by any special topographic circumstances. 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. In fact, bringing the
signage closer to the street and placing it at a lower level will in all likelihood enhance the
visibility of the signage and thus the ability to communicate with the public.
Based on the above, staff recommends that the City Council find that there are no special
topographic circumstances affecting the subject property and that a conforming sign will not be
materially less visible or less effective at communicating the owner's message at this location.
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
Newhall Square Photo - Northbound
Newhall Square Photo - Southbound
Resolution 08-79
California Business & Professions Code 5499
C-
City of
SANTA CLARITA
23920 Valencia Blvd Phone -
.,i
Suite 300 (661) 259-2489
Santa Clarita Fax
California 91355-2196 (661) 259-8125
Website www santa-clanta corn
September 11, 2008 Celebrating 20 Years of Success
Lillian and Laurence Miller
11421 Awenita Court
Chatsworth, CA 91311-1220
Dear Property Owners:
Subject: Notice to Remove Illegal Sign/Notice of Proposed Abatement
For property at 24811-24827 Railroad Avenue,
APN 2855-013-044 (Newhall Square)
Notice is hereby given that on the 26th day of August, 2008, the City Council of the City
of Santa Clarita adopted a resolution declaring that an illegal sign is located on or in, front
of this property which constitutes a public nuisance and must be abated by the removal of
the illegal sign. Otherwise, it will be removed, and the nuisance abated by the City. The
cost of removal will be assessed upon the property from or in front of which the sign is
removed and will constitute a lien upon the property until paid. Reference is hereby made
to the resolution for further particulars. A copy of this resolution is on file in the office of
the City Clerk.
All property owners having any objection to the proposed removal of the sign are hereby
notified to attend a meeting of the City Council of the City of Santa Clarita Ito be held on
September 23, 2008 at 6.00 p.m., or as soon thereafter as can be heard, at the Santa Clarita
City Hall, 23920 Valencia Boulevard, Santa Clarita, California, when their objections will -
be heard and given due consideration.
Dated this eleventh day of September, 2008.
If you have any questions, please contact Darin Seegmiller, Assistant Planner in the
Planning Division at (661) 255-4330.
Sincerely,
Sharon L. Dawson, MMC
City Clerk
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S \CD\SIGN COMPLIANCETinal Group\9-23-08 City Councd\NOTICE TO REMOVE ILLEGAL SIGN doc
cc: Kenneth R Pulskainp, City Manager
Ken Stnplin, Assistant City Manager
Paul D. Brotzinan, Director of Community Development
Emanuel Shirazi, Assistant City Attorney
Lisa Webber, AICP, Planning Manager
Darin Seegrniller, Assistant Planner
PRINTED ON 100% RECYCLED PAPER
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RESOLUTION 08-
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY' OF SANTA CLARITA, CALIFORNIA, OVERRULING
ANY AND ALL OBJECTIONS TO THE PROPOSED
REMOVAL OF THE NON -CONFORMING SIGN LOCATED
AT 24811 RAILROAD AVENUE (APN: 2855-013-044) AND
ORDERING THE ABATEMENT THEREOF
WHEREAS, the subject non -conforming pylon sign is located on the property at 24811
Railroad Avenue (APN: 2855-013-044) (the "Property"). 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 the Property is one (1) acre with a frontage of 200 feet.
WHEREAS, on August 26, 2008, the City Council considered and adopted Ordinance
No. 08-79, declaring the non -conforming sign a public nuisance and declaring its intention to
abate the non -conforming sign. At that time, the City Council directed that a public hearing
should be conducted on September 23, 2008 to hear and consider all objections to the proposed
abatement of the non -conforming sign. The property owner was given notice of the September
23rd hearing as set forth in Santa Clarita Municipal Code § 17.19.250(D)(3) & (4).
WHEREAS, on September 23, 2008, the City Council conducted a public hearing and
considered objections to the proposed removal of the non -conforming sign and closed the record
to any new objections.
WHEREAS, a non -conforming sign is still in place at the Property; 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 hear and consider all objections to the proposed
removal of the non -conforming sign at the Property; and
WHEREAS, the City Council finds 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;
WHEREAS, after overruling any and all objections to the proposed removal of the
non -conforming sign at the Property, the City Council desires to order the abatement of the
public nuisance by having the sign removed; 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 over rules any and all objections to the proposed
removal of the non -conforming sign located at 24811 Railroad Avenue (APN: 2855-013-044),
Lot #: 91, Block #: N/A.
SECTION 3. The City Council hereby orders the abatement of the public nuisance by
having the non -conforming sign non -conforming sign located at 24811 Railroad Avenue (APN:
2855-013-044) removed. I `
SECTION 4. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED this 23rd day of September, 2008.
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 23rd day of September, 2008, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
CERTIFICATION OF
CITY COUNCIL RESOLUTION
r
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 September 23, 2008, which is now on file in my office.
Witness my hand and seal of the City of Santa Clarita, California, this day of
, 2008. '
Sharon L. Dawson, MMC
City Clerk
By
Susan Caputo, CMC
Deputy City Clerk
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RESOLUTION NO. 08-79
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.
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.
PASSED, APPROVED AND ADOPTED this 26th day of August, 2008.
Ir/•'•7
ATTEST:
CITY CLERK
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: Weste, McLean, Ender, Kellar
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Ferry
CITY CLERK
BURKE, WILLIAMS & SORENSEN, 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
RE: 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 Code § 5499.
Analysis
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 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? Denny's. Inc. v. City of Agoura Hills, 56 Cal.AppAth 1312, 1321 (1997).
"[T]he term `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 term 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.
RN 94834-6216-08 97 v 1
September 14, 2006
Page 2
(emphasis in original). Finally, "topographic circumstances" relate to both the visibility and the
commercial effectiveness of a sign. Td. at 1327.
0
RN #4834-6216-0897 vl
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NOTICE OF CONTINUED PUBLIC HEARING
CITY OF SANTA CLARITA
CITY COUNCIL
NOTICE IS HEREBY GIVEN that the City Council of the City of Santa Clarita, at its regular
meeting held September 23, 2008, continued a public hearing on
9. HEARING ON OBJECTIONS TO PROPOSED REMOVAL OF A NON-
CONFORMING SIGN LOCATED AT 24811 RAILROAD AVENUE -
Consideration of objections to the proposed removal of a non -conforming sign.
to Tuesday, October 14, 2008. The continued public hearing will be held at or after 6:00 p.m. in
the Council Chamber at 23920 Valencia Blvd., Santa Clarita, California.
Dated this 24th day of September, 2008.
SHARON L. DAWSON, CITY CLERK
***************************************************************
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss. AFFIDAVIT OF POSTING
CITY OF SANTA CLARITA )
SHARON L. DAWSON, being first duly sworn, deposes and says that she is the
duly appointed and qualified City Clerk of the City of Santa Clarita and that on September 24,
2008, she caused the above notice to be posted at the door of the Council Chamber located at
23920 Valencia Blvd., Santa Clarita, California.
SHARON L. DAWSON, CITY CLERK
Santa Clarita, California
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