HomeMy WebLinkAbout2014-01-28 - AGENDA REPORTS - APPEAL PC DECISION MC 13-175 (2)PUBLIC HEARING
DATE:
SUBJECT:
DEPARTMENT:
Agenda Item: 9
CITY OF SANTA CLARITA
AGENDA REPORT
City Manager Approval:
Item to be presented by:
January 28, 2014
Jeff Hogan
APPEAL OF THE PLANNING COMMISSION DECISION TO
APPROVE MASTER CASE 13-175 FOR A TEMPORARY
BUILDING MATERIAL SUPPLY YARD FOR AN 18 -MONTH
TERM LOCATED AT THE NORTHEAST CORNER OF
RAILROAD AVENUE AND OAK RIDGE DRIVE
Community Development
RECOMMENDED ACTION
City Council conduct a public hearing, deny the appeal, and affirm the Planning Commission
decision to approve Master Case 13-175 (TUP#13-047) for a 2.5 -acre, temporary building
material supply yard for an 18 -month term.
BACKGROUND
On October 29, 2013, the applicant, TMC Hollis, LLC, filed a request for three Temporary Use
Permits (TUP) on their 23 -acre site including: 1) temporary RV and commercial vehicle storage
on approximately 10 acres; 2) two contractor yards on approximately two (2) acres; and 3) a
building material supply yard on approximately 2.5 acres at the Northeast corner of Railroad
Avenue and Oak Ridge Drive. The Planning Commission voted 5-0 to approve the three TUPs
for an 18 -month term at the December 3, 2013, Planning Commission meeting.
On December 18, 2013, an appeal of the Planning Commission decision to approve the building
material supply yard (MC#13-175) was filed by the Hacker Law Group and received by the City
Clerk. There were no appeals filed on the TUPs for the RV and commercial truck storage
Project Information
The building material supply yard is located on approximately 2.5 acres of a 23 -acre Industrial (1)
zoned property located on the northeast corner of the intersection of Railroad Avenue (formerly
San Fernando Road) and Oak Ridge Drive.
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Uses surrounding the 23 -acre site include an existing industrial park to the north, residential
uses (Circle J Ranch) to the east (across a 300' -wide Metropolitan Water District easement),
an existing apartment complex and Oak Ridge Drive to the south, and the Antelope Valley Rail
Line, Railroad Avenue, and the South Fork of the Santa Clara River to the west of the project
site. The property is controlled by Saugus Holdings, LLC, and TMC Hollis, LLC.
Prior to the City's incorporation in 1987, a building material supply yard was approved by Los
Angeles County on the 4.5 -acre parcel of land. During the downturn in the economy in early
2011, the building material supply yard ceased operation for more than 180 days, vacating the
legal non -conforming land use on the project site. Structures associated with the building
material yard remained on the project site, however were not being used until the TUPs were
issued for the building material supply yard in 2011, 2012, and 2013 while the owners pursued
the permits needed for the development of a future business park. The 18 -month TUP approved
by the Planning Commission is located on a 2.5 -acre portion of the 4.5 -acre parcel of land where
a building material supply yard operated prior to 2011.
Future Business Park Approval
On October 20, 2009, the Planning Commission approved Master Case 06-286 for a Tentative
Parcel Map and Oak Tree Permit to allow for a 12 -lot industrial subdivision for the construction
of a future business park on the project site. The approval included all grading and the install-
ation of the necessary infrastructure (streets, utilities, curbs, gutters, sidewalks, perimeter
landscape and screen walls, Shawna Place vacation, etc.) for the future business park. No
buildings were approved under Master Case 06-286.
Since the October 2009 approval, the applicant has been pursuing the development of the future
business park. However, the project site requires various jurisdictional permits from the
Regional Water Quality Control Board, California Department of Fish and Wildlife, and Army
Corps of Engineers to allow for the storm drains on the project site to drain to the South Fork
of the Santa Clara River ("South Fork"). Further, the project requires approval from Metrolink
to install drainage facilities under the Antelope Valley Rail line to the west of the project site.
There have been delays in obtaining these jurisdictional approvals, as well as delays in the
approval process with Metrolink for the construction of the drainage infrastructure. The appli-
cant anticipates that all of the necessary approvals will be obtained within the next 12 months.
The life of the Tentative Parcel Map has been extended by various legislative approvals from the
State of California over the past few years and remains active until October 19, 2015, barring any
further extensions.
Temporary Use Permit Issued
Various Temporary Use Permits (TUPs) have been issued on the two industrial parcels since
1997 consisting of commercial storage of RV. and commercial truck storage, two temporary
contractor yards, and a building material supply yard.
In 2012, one-year TUPs were approved to continue the RV and commercial storage area, the
contractor storage yards, and the building material supply yard with conditions of approval
requiring the vacation and landscaping of Shawna Place, as well as to extend the previously
constructed masonry wall along the remainder of the Railroad Avenue frontage, along with a
five-foot landscape planter along the entirety of the masonry wall. These improvements were
originally conditioned as a part of the future business park, however, were conditioned with these
TUPs to be completed by April 30, 2013. The applicant was not able to complete these
conditions by the April deadline as a result of the challenges in obtaining various jurisdictional
permits as previously mentioned. Consequently, the applicant was prompted to submit for
another TUP.
In March of 2013, the City approved one-year TUPs to continue the RV and commercial storage
area, temporary contractor yards, and the building material supply yard while the applicant
continued to actively pursue their permits for the overall business park. The applicant was
conditioned to complete the vacation and landscaping of Shawna Place with a revised deadline
of December 1, 2013. However, due to the complexity with the jurisdictional approvals, the
extension of the property line walls was not required. In mid-October, it became clear that the
applicant was not going to be able to complete the vacation and landscaping of Shawna Place by
the December deadline.
Given the delays the applicant has experienced with the jurisdictional permits and the Shawna
Place vacation, the applicant requested the TUPs for an 18 -month duration. The applicant
indicated to the Planning Commission at the December 3, 2013 meeting that the 18 -month
timeframe would be adequate time to obtain the permits and begin construction of the business
park. Due to the applicant's request to obtain a TUP for longer than 12 months, Planning
Commission approval was required.
ALTERNATIVE ACTIONS
City Council affirm the appeal and deny the request for Master Case 13-175, or other action as
determined by City Council.
ATTACHMENTS
Legal Notice
Vicinity Map
Resolution
Exhibit A - Conditions of Approval
December 18, 2013 Appeal Letter
Planning Commission Staff Report available in the City Clerk's Reading File
APPLICATION:
PROJECT LOCATION:
PROJECT APPLICANT:
CITY OF SANTA CLARITA
NOTICE OF PUBLIC HEARING
FOR AN APPEAL OF A PLANNING COMMISSION DECISION
Master Case 13-175, Temporary Use Permit 13-047
The northeast corner of Railroad Avenue and Oak Ridge Drive, just east of the
Metrolink rail line in the Industrial (I) zone of the City of Santa Clarita, Los
Angeles County, CA. (APN: 2836-006-053)
TMC Hollis, LLC and Saugus Holdings, LLC
PROJECT DESCRIPTION: The applicant is requesting approval of an 18 -month Temporary Use Permit to
allow for a temporary building material supply yard while the applicant continues to pursue the development of the
future business park approved by the Planning Commission (MC#08-164) on the project site.
PLANNING COMMISSION ACTION: On December 3, 2013, the City of Santa Clarita Planning Commission
voted 5-0 to approve of Master Case 13-175 (TUP13-047) for the temporary operation of a building material supply
yard for an 18 month term.
The City Council of the City of Santa Clarita will conduct a public hearing on this matter on the following date:
DATE: January 28, 2014
TIME: At or after 6:00 p.m.
LOCATION: City of Santa Clarita, Council Chambers
23920 Valencia Boulevard, First Floor
Santa Clarita, CA 91355
If you wish to challenge the action taken on this matter in court, you may be limited to raising only those issues you
or someone else raised at the public hearings described in this notice, or written correspondence delivered to the City
of Santa Clarita, at or prior to, the public hearing.
For further information regarding this proposal, please contact the.project planner at the City of Santa Clarita Permit
Center, 23920 Valencia Boulevard, Suite 140, Santa Clarita, CA 91355 Telephone: (661) 255-4330. Send written
correspondence to: 23920 Valencia Boulevard, Suite 302, Santa Clarita, CA 91355, Attn: Jeff W. Hogan, Planning
Manager.
Dated: January 3, 2014
Armine Chaparyan, Interim City Clerk
Published: The Signal on January 7, 2014
Vicinity Map
Master Case 13-175
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RESOLUTION 13-
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA CLARITA, CALIFORNIA, AFFIRMING THE PLANNING COMMISSION
DECISION TO APPROVE A TEMPORARY USE PERMIT (MC#13-175, TUP#13-047) FOR
AN 18 -MONTH TERM FOR A BUILDING MATERIAL SUPPLY YARD
WHEREAS, on October 20, 2009, the Planning Commission of the City of Santa
Clarita approved Master Case 06-286 (MC 06-286) for a Tentative Parcel Map and Oak Tree
Permit for the future development of a business park on the 23 -acre project site;
WHEREAS, Temporary Use Permits (TUPs) have previously been issued on the
project site for temporary contractor storage yards, RV and commercial vehicle storage, and a
building material supply yard while the property owner pursues the development of the business
park approved under MC 06-286;.
WHEREAS, on October 29, 2013, Saugus Holdings, LLC, and TMC Hollis, LLC,
filed three seperate 18 -month Temporary Use Permit applications with the City including:
1) Master Case 13-166 (TUP 13-045) for RV and commercial vehicle storage; 2) Master Case
13-174 (TUP 13-046) for two contractor storage yards; and 3) Master Case 13-175 (TUP 13-047)
for a building material supply yard. The property for which this application was filed is located at
the northeast corner of Railroad Avenue and Oak Ridge Drive (APNs: 2836-006-053 and
2836-006-054). The Zoning and General Plan designation for the property is Industrial (1);
WHEREAS, the surrounding land uses include an industrial park to the north,
single-family residences to the east, an apartment complex and vacant commercial land to the
south, and the Santa Clara River to the west, across Railroad Avenue;
WHEREAS, on December 3, 2013, a duly noticed public hearing was held before
the City of Santa Clarita Planning Commission at 6:00 p.m. at City Hall, Council Chambers,
23920 Valencia Boulevard, Santa Clarita, on Master Cases 13-166, 13-174, and 13-175. At the
public hearing, the Planning Commission considered the staff report, staff presentation, the
applicant's presentation, and public testimony, and approved Master Cases 13-166, 13-174, and
13-175 by a 5-0 vote;
WHEREAS, on December 18, 2013, an appeal was filed in writing by the Hacker
Law Group with the City Clerk, appealing the Planning Commission decision for Master Case
13-175 to approve of the Temporary Use Permit for the building material supply yard for an
18 -month term. The decisions related to Master Cases 13-166 and 13-174 were not appealed;
WHEREAS, on January 28, 2014, the City Council of the City of Santa Clarita held a
duly noticed public hearing at 6:00 p.m. at City Hall, Council Chambers, 23920 Valencia
Boulevard, Santa Clarita for the appeal of Master Case 13-175; and
WHEREAS, at the January 28, 2014, City Council meeting, the City Council
considered the staff report, staff presentation, the applicant's presentation, the appellant's
presentation, and public testimony regarding the appeal of Master Case 13-175.
NOW, THEREFORE, the City Council of the City of Santa Clarita does hereby
resolve as follows:
SECTION 1. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS.
Based upon the Notice of Exemption prepared for the project, the City Council finds and
determines as follows:
a. A Notice of Exemption for this project was prepared in compliance with the California
Environmental Quality Act (CEQA);
b. This project is exempt per Article 19: Categorical Exemptions, Section 15304 of
California Environmental Quality Act (CEQA) as a Class 4 exemption as a minor
temporary land use having minor, negligible impact on the environment. The project
requires minor temporary improvements to the subject site that will not create a
significant impact on the environment;
c. The documents and other materials that constitute the record of proceedings upon
which the decision of the City Council is based is the Master Case 13-175 project file,
and that this project file is located within the Community Department and is in the
custody of the Director of Community Development; and
d. The City Council, based upon the findings set forth above, hereby finds the Notice of
Exemption for this project has been prepared in compliance with CEQA.
SECTION 2. GENERAL FINDINGS FOR MASTER CASE 13-175. Based on the
foregoing facts and findings for Master Case 13-175, the City Council hereby determines as
follows:
a. That the proposal is consistent with the General Plan;
b. The proposal is allowed within the applicable underlying zone and complies with all
other applicable provisions of the UDC;
c. The proposal will not endanger, jeopardize, or otherwise constitute a hazard to the
public convenience, health, interest, safety, or general welfare, or be materially
detrimental or injurious to the improvements, persons, property, or uses in the vicinity
and zone in which the property is located;
d. The proposal is physically suitable for the site. The factors related to the proposal's
physical suitability for the site shall include, but are not limited to, the following:
1) The design, location, shape, size, and operating characteristics are suitable for
the proposed use;
2) The highways or streets that provide access to the site are of sufficient width,
and are improved as necessary to carry the kind and quantity of traffic such
proposal would generate;
2
3) Public protection services (e.g., Fire protection, Sheriff protection, etc.) are
readily available; and
4) The provision of utilities (e.g., potable water, schools, solid waste collection
and disposal, storm drainage, wastewater collection, treatment, and disposal,
etc.) is adequate to serve the site.
The proposed project is consistent with the Industrial (1) Zoning and General Plan land use
designation on the project site. The proposed project is temporary in nature as it will be for an
18 -month duration. The proposed temporary building material supply yard will have vehicular
access from Oak Ridge Drive which will allow for adequate fire and sheriff protection services.
The project site was previously used for a similar use and already has the utility services
necessary for operation. The temporary building material supply yard will serve a need in the
community and will be temporary as the project site is approved for development of a business
park. The business park is anticipated to begin construction upon the completion of the necessary
jurisdictional permits required for grading and drainage of the project site. Therefore, the use of
the project site will be temporary and does not impact the health, safety, or welfare of the public
as a result of the temporary uses on the project site.
SECTION 3. ADDITIONAL FINDINGS FOR TEMPORARY USE PERMIT
13-047. Based on the foregoing facts and findings for Temporary Use Permit 13-047, the City
Council hereby determines as follows:
a. That adequate temporary parking to accommodate vehicular traffic to be generated by
such use will be available either on site or at alternate locations acceptable to the
Director in any case where such temporary use is proposed for a period longer than one
(1) weekend or three (3) consecutive days;
This finding is superseded by finding c. 1) below.
b. That approval of a Temporary Use Permit will not result in the use of a lot for a
cumulative time period in excess of the maximum time period such temporary use may
be authorized during any twelve (12) month period, except where a longer period is
specifically approved in accordance with the provisions of subsection (B)(2) of this
section (Extended -Term Temporary Use Permit); and
This finding is superseded by finding c. 5) below.
c. In addition, the following findings shall be required for the approval of an
Extended -Term Temporary Use Permit:
1) That adequate public and private facilities such as utilities, parking spaces, and
traffic circulation measures are, or will be, provided for the proposed use;
2) That the proposed location, size, design, and operating characteristics of the
proposed use are in accordance with the purpose of this development code, the
purpose of the zone in which the site is located, the General Plan, and the
development policies and standards of the City;
3) That the use and its associated structures and facilities will not be detrimental
to the public health or safety, the general welfare, or the environment;
4) That the use and facilities will not adversely affect or conflict with adjacent
uses, or impede the normal development of surrounding properties; and
5) The Extended -Term Temporary Use permit shall not exceed a period of five (5)
years.
The proposed temporary building material supply yard will be for a duration of 18 months. The
project site is approved for the future development of a business park and requires specific
jurisdictional permits that are anticipated to take up to 18 months to obtain. The proposed
temporary use will not be detrimental to the project site or the surrounding community. No
further infrastructure is required and will not conflict with adjacent land uses. The site is
accessed by Oak Ridge Drive and will be accessible to all sheriff and fire protection services.
SECTION 4. Based upon the findings of fact, the staff report (including staff report
and materials from the Planning Commission hearings), written correspondence and oral
testimony presented at the appeal hearing, the City Council does hereby deny the appeal, affirm
the Planning Commission decision on the project approving Master Case 13-175 and its
associated entitlements, including Temporary Use Permit 13-047, subject to the Conditions of
Approval (Exhibit A).
SECTION 5. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED this 28th day of January, 2014.
MAYOR
ATTEST:
INTERIM CITY CLERK
DATE:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA)
I, Armind Chaparyan, Interim 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 28th day of January, 2014, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
INTERIM CITY CLERK
to
EXHIBIT A
RESOLUTION NO. P13-16
MASTER CASE NO. 13-175
TEMPORARY USE PERMIT 13-047
DRAFT CONDITIONS OF APPROVAL
GENERAL CONDITIONS
GCI. The approval of this project shall expire if not put into use within two (2) years
from the date of conditional approval, unless it is extended in accordance with the
terms and provisions of the City of Santa Clarita's Unified Development Code
(UDC).
GC2. The applicant may file for an extension of the conditionally approved project prior
to the date of expiration. If such an extension is requested, it must be filed no
later than 60 days prior to expiration.
GC3. To the extent the use approved with this project is a different use than previously
approved for the property, the prior approval shall be terminated along with any
associated vested rights to such use, unless such prior approved use is still in
operation, or is still within the initial pre -commencement approval period. Once
commenced, any discontinuation of the use approved with this project for a
continuous period of one hundred eighty (180) calendar days or more shall
terminate the approval of this use along with any associated vested rights to such
use. The pre-existing legal use shall not be re-established or resumed after the
one hundred eight (180) day period. Discontinuation shall include cessation of a
use regardless of intent to resume.
GC4. The applicant shall be responsible for notifying the Director of Community
Development, in writing, of any change in ownership, designation of a new
engineer, or change in the status of the developer, within 30 days of said change.
GCS. Unless otherwise apparent from the context, the term "applicant" shall include the
applicant and any other persons, corporation, or other entity making use of this
grant. The applicant shall defend, indemnify, and hold harmless the City of Santa
Clarita, its agents, officers, and employees from any claim, action, or proceeding
against the City or its agents, officers, or employees to attach, set aside, void, or
annul the approval of this Project by the City, which action is provided for in
Government Code Section 66499.37. In the event the City becomes aware of any
such claim, action, or proceeding, the City shall promptly notify the applicant, or
if the City fails to cooperate fully in the defense, the applicant shall not thereafter
be responsible to defend, indemnify, or hold harmless the City. Nothing
contained in this condition prohibits the City from participating in the defense of
any claim, action, or proceeding, if both of the following occur: 1) The City bears
its own attorneys' fees and costs; and 2) the City defends the action in good faith.
Resolution No. P13-16
Master Case No. 13-175, Conditions of Approval
Page 2 of 3
The applicant shall not be required to pay or perform any settlement unless the
settlement is approved by the applicant.
GC6. The property shall be developed and maintained in substantial conformance with
the approvals granted by the City. Any modifications shall be subject to further
review by the City.
GC7. The applicant and property owner shall comply with all inspection requirements
as deemed necessary by the City of Santa Clarita.
GCB. The owner, at the time of issuance of permits or other grants of approval agrees to
develop the property in accordance with City codes and other appropriate
ordinances such as the Building Code, Plumbing Code, Grading Code, Highway
Permit Ordinance, Mechanical Code, Unified Development Code, Sanitary Sewer
and Industrial Waste Ordinance, Electrical Ordinance and Fire Code.
GC9. The applicant must sign and notarize the attached affidavit to confirm acceptance
of the conditions of this grant. The notarized affidavit must then be returned to
the Planning Division before occupancy.
GC10. It is hereby declared and made a condition of this permit that if any condition
hereof is violated, or if any law, statute, or ordinance is violated, the City may
commence proceedings to revoke this approval.
PLANNING DIVISION
PL 1. The applicant shall be permitted to operate a building material supply yard on a
temporary basis. The temporary use shall be permitted for up to 18 months. This
approval shall expire on June 2, 2015.
PL2. Shawna Place shall be vacated, and all associated improvements, including
landscape, shall be installed in accordance with Master Case 06-286.
PL3. Should the applicant intend on operating the building material supply yard for a
duration in excess of this temporary, approval, the applicant shall file the
appropriate application with the City no less than 60 days prior to the expiration
of this approval. Prior to the issuance of any extension, the property owner shall
work with the City to draft conditions to continue to improve the project site
consistent with Master Case 06-286.
PL4. No new lighting, mobile, temporary, or otherwise, shall be approved as a part of
this approval. All existing lights shall be required to be directed down and shall be
properly screened from neighboring uses where appropriate.
PLS. Any waste produced on the premises shall be disposed of properly in accordance
with the City's recycling programs. Solid waste shall not be allowed to drain into
storm water inlets or gutters.
IZ
Resolution No. P13-16
Master Case No. 13-175, Conditions of Approval
Page 3 of 3
PL6. The applicant shall comply with the City's Noise Ordinance.
PL7. Signs are not a part of this approval. The applicant must request separate
approval for any signs prior to their installation/posting.
PL8. The applicant shall ensure that the surrounding streets shall be kept free and clear
of all building materials including dirt, rocks, concrete, or other debris at all
times. Should it become necessary to clean the neighboring streets, the applicant
shall provide street cleaning/sweeping services to keep the streets clear of debris
from the project site.
PL9. The subject property must comply with all requirements of the Unified
Development Code and of the Industrial (I) zoning of the subject property.
PLIO. All applicable provisions of the Los Angeles County Health Department, Building
and Safety Division, Los Angeles County Fire Department, Business License
Codes, Alcohol Beverage Control or the provisions of any other affected agency
shall be met.
PLI 1. This approval shall not supersede the approvals of any other agency.
S\CD\CURR6N 12013\13-166(Springbrook TUPs)\I3-175 Conditions of Approval.doc
13
HACKER LAW GROUP Attorney and Counselor at Law
26650 The Old Road/ Suite 201 / Valencia, CA 91361 /Phone: (661)259-6800/ FAX: (661) 259-6836
December 18, 2013
VIA HAND DELIVERY
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THE CITY OF SANTA CLARITA
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Santa Clarita, CA 91355
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Re: Master Case 13-175; Temporary Use Permit (°`TUP")
13-047
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(`Building Materials Supplier Location")
Project Location: The northeast corner of Railroad
Avenue and
Oak Ridge Drive, just east of the Metrolink rail line in the
Industrial (I) zone of the City of Santa Clarita, Los
Angeles County, California
Address: 25446 Railroad Avenue, Santa Clarita, CA 91350
APN No.: 2836-006-053 AND 2836-006-054.
To Whom It May Concern:
As you know, my office represents American Building Supply and Phil Dahl who oppose the
proposed project. Written opposition was previously filed with the City, a copy of which I
enclose for your reference. •
This letter is intended and should be construed by you as my clients' appeal of the decision by the
Planning Commission of December 3, 2013 approving the above -referenced master case number
and TUP for this project. The reasons for the appeal amongst other reasons, are set forth in the
letter dated November 21, 2013, which was filed with the City on November 22, 2013 and which
is expressly incorporated herein by this reference.
In addition to the attached letter, my clients claim the following additional reasons for the appeal:
1. A determination or interpretation is not in accord with the purpose of this Code;
2. It is claimed that there was an error or abuse of discretion;
3. A decision is not supported by the record.
THE CITY OF SANTA CLARITA
December 18, 2013
Page 2
My clients expressly reserve the right to assert additional basis for the appeal at the time of
hearing.
A check in the amount of $2,728.00 for the filing fee for the appeal is enclosed.
Very truly yours,
HACKER LAW GROUP
F HACKER
ictated but not read
JAH/jp
Enclosures — (1) Letter stamped "Received November 22, 2013" (2) Filing fee
cc: Client
I3ACIMR LAW GROUP Attomey and Counselor at Law
26650 The Old Road/ Suite 201 /Valencia, CA 91381 /Phone: (661)259-6800/ FAX: (661) 259-6836
November 21, 2013
VIA HAND DELIVERY
R E C E I V E
PLANNING DIVISION
Mr. Patrick Leclair, Associate Planner NOV 2 2 2013
THE CITY OF SANTA CLARITA
Community Development Department CITY OF SANTA CLARITA
23920 Valencia Boulevard
Suite 302
Santa Clarita, CA 91355
Re: Master Case 13-166; Temporary Use Permit ('=") 13-045
Master Case 13-174; TUP 13-046
Master Case 13-175; TUP 13-047
Dear Mr. Leclair:
Please be advised my firm represents Mr. Phillip Dahl who is opposing the Project Applicant's
Request for three TUPS for an 18 month term as contained in the Notice of Public Hearing
published in the Signal on November 12, 2013. Your files should be noted accordingly. Any and
all communication regarding these matters should be directed to the undersigned.
As your files should indicate, Mr. Dahl has previously voiced or attempted to voice his
opposition to the issuance of these TUPs or the renewal thereof to City Staff. Mr. Dahl continues
to object to the Project Applicant's Request and this letter shall be construed as further evidence
thereof.
Mr. Dahl's opposition is based, in part, on the City violating its own rules governing the issuance
of a TUP under Chapter 17.03, et seq. of the City of Santa Clarita Municipal Code These
violations include, but are not limited to: the improper initial issuance and subsequent renewals
of the TUPs when the Applicant's requests necessitated the issuance of a CUP; the length of the
TUPs exceeding one year without noticing a public hearing before the Planning Commission, the
requested uses are inapplicable for the issuance, renewal or continuation of a CUP; and any other
violations of the Municipal Code, applicable law, or applicable facts. Mr. Dahl also believes the
TUPs were initially obtained, in whole or in part, on incorrect information contained in the
Applicant's TUP application(s).
Mr. Dahl, either individually or through counsel, intend to voice opposition to the Project
Applicant's Request at the Planning Commission Hearing on December 3, 2013. We expressly
reserve the right to supplement the content of this letter and/or provide additional evidence and
testimony at the time of the hearing.
Mr. Patrick Leclair, Associate Planner
THE CITY OF SANTA CLARITA
November 21, 2013
Pagge 2
Please feel free to contact me if you have any questions or wish to discuss this in further detail-
JAH/jp JAH/jp
cc: Client
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