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HomeMy WebLinkAboutDecision Letter June 8, 2017 Maria and Manuel Santana 5430 W. 76th Street Los Angeles, CA 90045 SUBJECT: Tree Permit for the Removal of a Healthy Protected Tree No. TRH 17-06 PROJECT ADDRESS: 16-18 S. Santa Anita Avenue Dear Mr. and Mrs. Santana The public comment period for the Notice of Pending Decision for the above mentioned application ended on June 5, 2017. Staff did not receive any comments from neighboring property owners regarding this application. After consideration, the Development Services Department has denied the healthy tree removal request to a remove of a healthy, 22-inch diameter Aleppo Pine (Pinus halepensis) tree located in the required westerly street side yard setback that sustained severe trunk damage by the owner. The damage that was sustained was not found to comply with Section 9701.01 of the Development Code pertaining to Tree Preservation. Pursuant to Section 9703.01 of the Development Code, any person violating the provisions of this chapter shall be responsible for proper restitution. The proper restitution for the damage inflicted on the subject tree that resulted in need for the tree to be removed shall include the following: 1. Within 90 days of this decision, the subject tree shall be removed. 2. Within six months of this decision, three (3), 24”-box trees shall be planted along the westerly street side property line. The species of the trees shall be limited to the following: Pistacia chinensis (Chinese Pistachio), Ginkgo biloba, Hymenosporum flavum (Sweet Shade), Handroanthus impetiginosus (Pink Trumpet), and Lagerstroemia indica hybrids (Crape Myrtle). The location of the trees shall be subject to review and approval by the Development Services Director or designee. A report shall be submitted to the City by the Certified Arborist confirming the three trees have been planted. 3. The applicant 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 of Arcadia Development Services Department Jason Kruckeberg Assistant City Manager/ Development Services Director 240 West Huntington Drive Post Office Box 60021 Arcadia, CA 91066-6021 (626) 574-5415 (626) 447-3309 Fax www.ArcadiaCA.gov City, its officials, officers, employees, and agents in the defense of the matter. 4. Within 30 calendar days after the decision for this project, the property owner/applicant shall execute and file 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 10 working-day appeal period from the date of the denial. Appeals must be submitted in writing to the Community Development Division with a $600.00 appeal fee by 5:30 p.m. on Monday, June 19, 2017. You will be notified if an appeal is filed. The purpose of the enclosed Acceptance Form is to indicate awareness and acceptance of these conditions of approval. The Acceptance form is due now and shall be submitted to the City no later than 30 days (July 8, 2017) from the decision date. You may visit the City’s website at www.ArcadiaCA.gov/noticesanddecisions to view this notice. If you have any questions, please contact Jordan Chamberlin, Associate Planner at (626) 821-4334, or by email at JChamberlin@ArcadiaCA.gov Thank you. Sincerely, DEVELOPMENT SERVICES DEPARTMENT Community Development Division / Planning Services Jordan Chamberlin Associate Planner Attachments