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Businessman Recounts Battle Over Permitting

mark handler

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Businessman Recounts Battle Over Permitting

https://santaclaritafree.com/gazette/news/businessman-recounts-battle-permitting

The City of Santa Clarita likes to brag that it’s been named the most business-friendly city in Los Angeles County by the Los Angeles Economic Development Corporation. Dan Mortensen, a self-described “longtime resident of Newhall,” decided he wanted to help contribute to Old Town Newhall’s revival by moving his law office to there from Valencia.

What he got for his troubles was 14 months of delays, grief and frustration, with a few shocking twists and turns. Mortensen’s patience was taxed and his funds depleted.

“All I got was misery,” he said.

In August 2010, Mortensen bought an old, decrepit building in Old Town Newhall that city records show was an Enterprise Rent-A-Car office. He hired an architect who drew up plans for a Mediterranean-style building with a red roof. Mortensen submitted those plans to the City – and he had to resubmit several times in the next three months. One problem the City had, he said, was the building had two stone towers, something the City forbade. So, the architect had to redraw the plans without the towers.

That also required some demolition work, so Mortensen applied for a demolition building permit, which city records show he received on Nov. 4.

City records show an Architectural Design Review Permit was issued Nov. 9, thereby finally approving the design plans.

It took until Nov. 22 for the first plan review to be completed. City Planning/Marketing/Economic Development Manager Jason Crawford said in an email that this was a normal turnaround time, because the City then had a six-week backlog for first plan reviews for commercial projects. City records show that a second review of the plans was approved on Dec. 1, and an Addition/Tenant Improvement Permit was issued on Dec. 2. The final demolition permit was approved Dec. 10.

Work commenced on the building, and when it was finished in April, Mortensen had spent $400,000 to improve the building, which included $80,000 in earthquake retrofits and between $10,000 and $15,000 to move a bathroom wall six inches to comply with the Americans with Disabilities Act.

At the same time, he was still paying rent on his office in the Morgan Stanley building in the Valencia Town Center.

When everything was done, Mortensen needed only a Certificate of Occupancy to open. But the City and its inspectors hemmed and hawed, not really explaining to his satisfaction what was the holdup. Mortensen said officials vaguely referred to landscaping issues.

Mortensen considered suing the City but didn’t want to, because “It’s my city,” he said. But he was out of money and his building remained vacant.

Finally, Mortensen took out to lunch someone from the planning division to find out what he had to do. The man suggested he speak to City Manager Ken Striplin, which Mortensen did. Striplin suggested he get the City Council involved.

It turned out that two high-ranking city officials had objected to his building’s style.

Mortensen said that Old Town Newhall buildings may be in one of four styles: Mediterranean, Wagon Wheel, Craftsman or Victorian.

“They decided this wasn’t right. It had to be a yellow Victorian,” he said. “They told Planning, ‘Don’t give them (a Certificate of Occupancy).’ I was quite upset.”

Since his building fell within one of the styles, the objection made no sense to him.

“I called (then-Councilmember) Bob Kellar and said, ‘I’m in a situation. This is insanity,’” Mortensen said. “I had a finished building and $50,000 in losses.”

On Oct. 6, 2011, Kellar visited Mortensen at his still unopened office, took a tour of the building, said he was impressed, thanked Mortensen for investing in Old Town Newhall, and left promising he would write a letter demanding to know what the holdup was. That same day, an inspector arrived and signed off on his permit, allowing him to open. (Crawford said no letter was found among the Mortensen-related files.)

“I remember it like yesterday,” Kellar said this week. “When I learned what was going on, I did get involved. I was able to get my point across to city staff. The right outcome occurred.”

Crawford said this kind of City-involved holdup is rare.

“We try to set it right,” he said. “If something needs to get fixed, we see what we can do. We’re constantly trying to get better.”

The experience affected Mortensen so badly that whenever those two city officials run for office, he gives money to their opponents. He also is still paying off his debt, but is grateful he didn’t have to declare bankruptcy.

During the delays, he often saw billboards attached to busses proclaiming Santa Clarita’s business-friendly attitude. He also noticed the new library has a large stone column.

“This is supposed to be the most business-friendly city? God help us all,” Mortensen said. “These people are a disaster.”
 
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