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HomeMy WebLinkAboutDecision Letter March 12, 2018 Simon and Mily Chow 2219 S. 5th Avenue Arcadia, CA 91006 SUBJECT: Tree Permit for the Removal of a Healthy Protected Tree No. TRH 18-02 PROJECT ADDRESS: 2219 S. 5th Avenue Dear Mr. and Mrs. Chow: The public comment period for the Notice of Pending Decision for the above mentioned application ended on March 9, 2018. Staff received one comment from the property owner of the property to the south in agreement with the removal of the tree. After consideration, the Development Services Department has approved the request to a remove of a healthy, 14-inch diameter Chinese Elm (Ulmus parvifolia) tree located on the south property line, subject to the following conditions: 1. Within 90 days of this decision, the subject tree shall be removed and two (2) 24”-box Holly Oak trees shall be planted in the southern side yard setback. A report shall be submitted to the City by the Certified Arborist confirming the two trees have been planted. 2. 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, its officials, officers, employees, and agents in the defense of the matter. 3. Approval of TRH 18-02 shall not be of effect unless on or before 30 calendar days after approval of this project, the applicant/property owner has 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. 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 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 Thursday, March 22, 2018. You will be notified if an appeal is filed. Approval of TRH 18-02 shall not be of effect unless the property owner and applicant have executed and filed the enclosed Acceptance Form to indicate awareness and acceptance of these conditions of approval. The Acceptance form is due now and if it is not received by Monday, April 23, 2018, this approval will become null and void. You may visit the City’s website at www.ArcadiaCA.gov/noticesanddecisions to view this notice. If you have any questions, please contact Peter Sun, Associate Planner at (626) 574-5444, or by email at psun@ArcadiaCA.gov Thank you. Sincerely, DEVELOPMENT SERVICES DEPARTMENT Community Development Division / Planning Services Peter Sun Associate Planner Attachments C: Mike Murphey, neighboring property owner, 2225 S. 5th Avenue, Arcadia, CA 91107