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PC 08-23
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PC 08-23
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Last modified
10/5/2023 2:18:18 PM
Creation date
10/5/2023 2:14:50 PM
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Resolutions
Number
08-23
Date
08/03/2023
Description
Denying an Appeal (APL23-0002) of an Administrative Determination of Preliminary Application Submittal Dates for Two Development Proposals at 11511 Summit Wood Road
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things clarified the subject property is not located within a delineated earthquake fault zone <br />but stated to the Town that Appellant's wife holds a three percent (3%) interest in the subject <br />property and that the Alexander Zbrozek Living Trust, of which Appellant acts as trustee, is <br />the ninety-seven percent (97%) owner. Appellant did not provide documentation in support <br />of this statement. On June 2, 2023, provided written comments to Appellant that all property <br />owners are required to sign the Owner's Affidavit as a part of the Preliminary Application <br />submittal, as explained on the Town's Preliminary Application Form. <br />9. On June 2, 2023 the Appellant submitted revised Preliminary Application forms, inclusive <br />of Owner's Affidavits signed by both property owners. Receipt of the revised applications <br />forms was acknowledged on June 3, 2023, and on June 15, 2023, staff notified the Appellant <br />that all items and information required for the Preliminary Applications had been submitted <br />and his Preliminary Applications were considered submitted as of June 2, 2023. <br />10. Appellant argues on appeal that the Town's Preliminary Application Form is not required by <br />state law, nor is the Owner's Affidavit, and that his wife consents to filing of the Preliminary <br />Applications and development of the property and should not have been required to sign the <br />Owner's Affidavit as she owns only three percent of the property. <br />11. The Planning Commission finds that: <br />a. The Town properly maintains the Preliminary Application Form issued by HCD as <br />its preliminary application form for applicants to utilize. All planning applications <br />are accompanied by an application form that includes general information about the <br />proposed project, and the Town was specifically authorized to maintain a <br />preliminary application form under Government Code section 65941.1. The form <br />issued by HCD contains items that match and are consistent with the required items <br />listed by statute. <br />b. Appellant failed to provide the required information pursuant to Government Code <br />section 65941.1(a)(8) relating to delineated earthquake fault zones even though he <br />disclosed to the Town that a fault is in close proximity to the subject property. <br />c. Appellant failed to provide information pursuant to Government Code section <br />65941.1(a)(13) demonstrating. "if the applicant does not own the property, consent <br />from the property owner to submit the application" when he disclosed to the Town <br />that the subject property has multiple owners. Appellant did not provide further <br />documentation in support of his statement regarding property ownership or consent. <br />d. The Owner's Affidavit as a part of the Town's Preliminary Application form <br />specifically advised that "if the property is owned by more than one individual (e.g.., <br />John and Jane Doe, or Mary Smith and Mark Jones) signatures are required of all <br />owners." This form was provided several times to Appellant as a part of the <br />Planning Department's written comments on March 3, April 21, and June 2, 2023. <br />This item is within the statutory requirement under Section 65941.1(a)(13) and <br />applicants are thus required to provide it before a Preliminary Application can be <br />considered "submitted" under statute. Thus, when Appellant advised the Town that <br />the subject property is owned by more than one owner, he is required to furnish <br />consent of the property owner under Government Code section 65941.1(a)(13). The <br />Town provided several opportunities to Appellant to furnish this information since <br />March 3, 2023, but Appellant did not provide them until June 2, 2023. <br />Resolution PC08-23 Page 5 <br />
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