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HomeMy WebLinkAboutHOA Appeal 14-01 & TRE 14-43 ti FroC�dr► POI9SIA �� September 9, 2014 AuNet a 5,1903 � Archie & Lois Miller �. y%® 1110 Fallen Leaf Rd. Arcadia, CA 91006 City of George Voigt Arcadia S.G.V. Property Fund, LLC 119 E. St. Joseph St. Arcadia, CA 91006 SUBJECT: HOA Appeal No. 14-01 & Oak Tree Encroachment Development Permit No. TRE 14-43 Services Department PROJECT ADDRESS: 1100 Fallen Leaf Road Dear Appellants & Applicant, Jason Kruckeberg At its September 9, 2014 meeting, the Planning Commission voted 4-0 Assistant City Manager/ with one Commissioner absent, to accept the appellants' request to Development Services withdraw the appeal, and to approve the revised design and to approve Director the Oak Tree Encroachment Permit No. TRE 14-43 subject to the following conditions of approval: 1. The project shall be developed and maintained by the applicant/property owner in a manner that is consistent with the revised plans submitted and conditionally approved for Appeal No. HOA 14-01 and Oak Tree Encroachment Permit No. TRE 14-43, subject to the approval of the Community Development Administrator or designee. 2. The project shall be developed and maintained by the applicant/property owner in compliance with all of the recommended tree protection measures listed in the Oak Tree Report and addendum prepared for this project. 3. The applicant/property owner shall comply with all City requirements regarding building safety, fire prevention, detection, suppression, emergency access, public right-of-way improvements, parking, water supply and water facilities, sewer facilities, trash reduction and recycling requirements, and National Pollutant Discharge Elimination System (NPDES) measures to the satisfaction of the Building Official, Fire Marshal, Public Works Services Director and Development Services Director, or their respective designees. Compliance with these requirements is to be determined by having fully detailed construction plans submitted for plan check review and approval by the foregoing City officials and 240 West Huntington Drive employees. Post Office Box 60021 Arcadia,CA 91066-6021 (626) 574-5415 (626)447-3309 Fax www.ArcadiaCA.gov 4. The applicant/property owner shall defend, indemnify, and hold harmless the City of Arcadia and its officials, officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officials, officers, employees or agents to attack, set aside, void, or annul any approval or conditional approval of the City of Arcadia concerning this project and/or land use decision, including but not limited to any approval or conditional approval of the City Council, Planning Commission, or City Staff, which action is brought within the time period provided for in Government Code Section 66499.37 or other provision of law applicable to this project or decision. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and/or land use decision and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officials, officers, employees, and agents in the defense of the matter. 5. Approval of THE 14-43 shall not take effect unless on or before 30 calendar days following approval of these applications by the Planning Commission, the applicant and property owner have executed and filed with the Community Development Administrator or designee an Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. There is a five (5) working day appeal period from the date of approval for the approval of the Oak Tree Encroachment Permit. Appeals must be submitted in writing to the Community Development Division with an appeal fee of $540.00 by 5:30 p.m. on Tuesday, September 16, 2014. You will be notified if an appeal is filed. This approval will expire in one (1) year after the appeal period if no action is taken on this project. If an extension is necessary, a written request and fee must be submitted to the Community Development Division in time for the Planning Commission to consider the extension request prior to the expiration date. If you have any questions, please contact me at (626) 821-4334 or by email at jchamberlinC&?ci.arcadia.ca.us Sincerely, DEVELOPMENT SERVICES DEPARTMENT Jordan Chamberlin Assistant Planner Attachments c: Sharon Kwan, HOA President Brad Koehler, ARB Chairman Robert Tong, Designer o Al 7• CITY OF ARCADIA 240 WEST HUNTINGTON DRIVE ARCADIA,CA 91007 DEVELOPMENT SERVICES DEPARTMENT COMMUNITY DEVELOPMENT DIVISION ACCEPTANCE FORM STATE OF CALIFORNIA } COUNTY OF LOS ANGELES }§ CITY OF ARCADIA } Application No(s).: Homeowners' Association Appeal No. 14-01 Oak Tree Encroachment Permit No. THE 14-43 Subject Property: 1100 Fallen Leaf Rd., Arcadia, CA 91006 I am/We are the applicant(s), and the owner(s), or the duly authorized representative(s) of the owner(s), respectively, of the project and real property that is the subject of the above application(s). I am/We are aware of, understand, and accept, all the provisions and conditions imposed upon the project and real property that is the subject of the above application(s), and also understand that noncompliance with said provisions and conditions shall constitute grounds for the immediate suspension or revocation of any approvals granted through said application(s). I/We certify and declare under penalty of perjury that the foregoing is true and correct. Appellant: Signature Date: Print Name Applicant: Date: Signature Print Name