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HomeMy WebLinkAboutDecision Letter 7-5-2018 July 5, 2018 Ramy Zaifman 27 Tanners Road Great Neck, NY 11020 SUBJECT: Tree Permit for the Removal of a Healthy Protected Tree No. TRH 18-04 PROJECT ADDRESS: 111 Hacienda Drive Dear Mr. Zaifman: The public comment period for the Notice of Pending Decision for the above mentioned application ended on April 4, 2018. The Development Services Department received several phone calls and emails regarding the removal of the protected Coast Live Oak tree from neighbors who were concerned about the removal of a healthy tree that had been in their neighborhood for years. As required for each protected tree application, the Development Services Department (Department) requires an arborist report to be submitted with the application. The report, along with comments received from the neighbors, is the basis for the Department’s determination for the application. In addition, site visits may be required to get a better understanding the request being considered. Unfortunately, the tree requested to be removed, a 16-inch diameter Coast Live Oak was topped prior to the submittal of the application and arborist report. Once contacted, the property owner submitted the required application and arborist report. The report indicated that due to the damage caused by the unpermitted cutting/pruning of the tree, severe and irreparable damage had been done and the only reasonable alternative was the complete removal of the tree. Therefore, given the circumstance, the Department has conditionally approved the request to legalize the unpermitted partial removal of the tree. The application is subject to the following conditions: 1. Due to the number of existing oak trees on the lot, one replacement 36” box Coast Live Oak tree shall be planted in the back yard of the subject property. The tree shall be planted per the arborist report’s recommendation approximately 60 feet east of the west boundary block wall and roughly 6 feet south of the north boundary fence. The arborist shall be on site to mark the location and to monitor the planting of the tree. The tree shall be planted prior to issuance of certificate of occupancy for the proposed new house; a follow-up report shall also be submitted to the City. 2. If the applicant does not move forward with the construction of the new house, the tree shall be removed and replaced with a replacement tree as specified in Condition No. 1 by January of 2019. 3. The tree shall be removed during the demolition process of the existing house and associated structures as part of the construction process for the new proposed house. 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 4. 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. 5. 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 approval. Appeals must be submitted in writing to the Community Development Division with a $600.00 appeal fee by 5:30 p.m. on Monday, July 16, 2018. 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 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 Peter Sun, Associate Planner at (626) 574-5444, or by email at psun@ArcadiaCA.gov Sincerely, DEVELOPMENT SERVICES DEPARTMENT Community Development Division / Planning Services Peter Sun Associate Planner c: George Raptis, raptisg@caciqueinc.com Marlene Arevalo, grandmar9810@gmail.com Lisa Flores, Planning Services Manager Dave Thompson, City of Arcadia Street Superintendent