ANTO CLARITA CLERKS OFFICE
City of Santa Clarita
City Clerk
City Hall OF AL10
2024
23920 Valencia Blvd., CI
Santa Clarita, CA 91355
RE: Filing of APPEAL to the implementation of the Determinations and Decisions of the City of Santa Clarita Planning Commission with regards to:
24715 Aden Ave., Santa Clarita, CA 91321 (Assessor's Parcel Number: 2834-033-015) MASTER CASE 24-008
MINOR USE PERMIT 24-003
ADMINISTRATIVE PERMIT 24-003
P.C. APPEAL 24-002
We are APPEALLING the PLANNING COMMISSION APPROVAL as well as the implementation of their determinations and decisions by Planning Staff of the above noted Case and Associated Permits pursuant to the Class III Application called out in UDC 17.24 for a Minor Use Permit as well as UDC 17.06.030 (C) for Minor Use Permits. This Appeal is submitted with Full Payment of the Required Filing Fee of $1,636.00. (50% OF Filing Fee, within 500 feet) $187720 EAN
We are appealing against the Planning Commission Decision affirming the approval of the Minor Use Permit noted above, because, among other reasons, the approval does not comply with the following City of Santa Clarita Municipal Code or General Plan sections; The Planning Department staff has written Conditions that are completely dishonest and contradictory to the intent and directions that were given at the conclusion of the Planning Commission Hearing / Meeting; the proposed metal building is not physically suitable for the site and the proposed location and size are not suitable for the proposed UR-1 lot, as is a required finding for a Minor Use Permit; there is an Abuse of the Discretionary Powers of the Director by completely ignoring the General Plan, Municipal Code and the Unified Development Code of Santa Clarita.
The Planning Department is running amuck.
17.01.030 Consistency with the General Plan.
"Any permit or approval issued pursuant to this code must be consistent with the General Plan.
In the event of inconsistency of this title with the goals, policies, and objectives of the adopted General Plan and its elements, the General Plan goals, policies, and objectives shall govern. " 1| Page
17.01.050 Administration of Use Classifications.
1. The accessory uses and structures shall be deemed an integral part of each primary use; The Issues are:
1) The determination or interpretation is not in accord with the purposes of this code:
• Staff is disregarding their own Planning Department Conditions of Approval (PL-5) by not requiring adherence to 17.57 and 17.51 and allowing project to proceed in contradiction to requirements of UDC.
That condition states that "the proposed project must comply with the Unified Development Code including but not limited to Residential Standards pursuant to chapter 17.51 and chapter 17.57.
• 17.57 contains the Requirements for Additional Accessary Buildings • 17.57.040(K) (2)(a) Accessory structures/outbuildings shall meet the setbacks applicable to accessory structures.
UDC Section 17.57.040 Accessory Buildings and Structures (D) states in the "Modular Building for Nonresidential Uses" that "Modular buildings for nonresidential uses in residential zones shall be subject to the following additional requirements:"
1. Must be set back twenty-five (25) feet from property lines of properties developed with residential uses;
• 2. Shall be subject to the approval of a minor use permit in accordance with Section 17.24.120 (Minor Use Permit);
• 3. Shall be subject to the approval of a landscape plan review, in accordance with Section 17.23.150 (Landscape Plan Review), to ensure that the buildings are adequately screened from public views and from adjacent residences; " 17.57.040(K) (2) (d) Requires the project to "be consistent with the existing primary dwelling unit in terms of colors and materials.". 2| Page
17.01.050 Administration of Use Classifications. states:
A. Primary Use. In determining compliance with the provisions of this code as it applies to the uses listed in the various zones, each primary use shall be considered a separate use, provided:
1. The accessory uses and structures shall be deemed an integral part of each primary use;
The record includes inaccurate information:
• Although it was stated in the Planning presentation that the existing accessory building was a 2 car garage, that UR-1 property currently has a 3 car garage (constructed with materials in the Type V manner) attached to the primary residence AND a 4 car accessory garage building (3 bays and workshop, (constructed with materials in the Type V manner)) on his UR-1, ½ acre lot. (Please verify by the pictures in my letter for the Hearing). Setting the precedent for "Tin Can" sheds in UR-1 zones (with 5' side yard setbacks) is going to fill this city's UR-1 suburbs with "Tin can" RV garages. • Staff indicated that they had received 5 applications for "Tin can" sheds as justification of the approval but did not share the Zones or areas that the applications were located in.
Please feel free to contact me with any questions,
Sincerely,
Eugene D. Nelson
22115 Placeritos Blvd.
Santa Clarita, CA 91321
(661) 254-1321
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