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HomeMy WebLinkAboutDecision Letter August 30, 2018 Ramy Zaifman 27 Tanners Road Great Neck, NY 11020 SUBJECT: Tree Permit for the Removal of a Healthy Protected Tree No. TRH 18-09; Revised Conditions of Approval per August 28, 2018 Planning Commission Meeting PROJECT ADDRESS: 111 Hacienda Drive Dear Mr. Zaifman: At its August 28, 2018, meeting, the Planning Commission voted 4-0 with one Commissioner absent to DENY the appeal and uphold the Development Services Department approval of Healthy Tree Removal Permit No. TRH 18- 09, a request to remove the five healthy Oak trees #9, 10, 11, 12, 13, and trees #3 and 8 per the submitted arborist report, subject to the following amended conditions: 1. The five (5) healthy Coast Live Oak trees shall not be removed until a grading and/or building permit has been issued for the construction of the new residence. Prior to issuance of a Certificate of Occupancy permit for the new house, a total of three (3) replacement Coast Live Oak trees shall be planted in the front yard area of the subject property. The size and location of the trees shall be determined by the City’s Certified Arborist, and approved by the Planning & Community Development Administrator or designee. A follow-up report shall be submitted to the City that the trees were planted. 2. If the property owner chooses not to pursue with the construction of the new house, the approval to remove the five (5) health Oak trees shall become null and void, and the property owner would be required to plant one 48-inch box tree within the front yard area for the removal of the diseased oak trees. The location shall be determined by a Certified Arborist and approved by the Planning & Community Development Administrator, or designee. A follow-up report shall be submitted to the City that the tree was planted prior to the expiration of this approval. 3. A Certified Arborist shall be on-site to monitor all activity taking place within the dripline of the oak trees to remain, and for the planting of the on-site replacement tree(s) and shall submit weekly monitoring reports to the Community Development Administrator, or designee. If the arborist determines that any inappropriate work has occurred, or that the tree(s) have been harmed, all work shall be stopped until adequate remediation has been performed to the satisfaction of a certified arborist and the Community Development Administrator, or designee. 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 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 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 ten (10) day appeal period from the date of the Planning Commission’s decision. Appeals must be submitted in writing to the Community Development Division with a $600.00 appeal fee by 4:30 p.m. on Friday, September 7, 2018. You will be notified if an appeal is filed. A building permit must be obtained prior to any construction activity. Please contact Building Services at (626) 574-5416 to determine the type of documentation, plans, and fees for the appropriate permit. This approval letter must be presented to Building Services to initiate the permitting process. Approval of TRH 18-09 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 October 1, 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 Sincerely, DEVELOPMENT SERVICES DEPARTMENT Community Development Division / Planning Services Peter Sun Associate Planner c: Lisa Flores, Planning & Development Services Administrator Dave Thompson, City of Arcadia Street Superintendent CITY OF ARCADIA ACCEPTANCE FORM Development Services Department Community Development Division-Planning Services 240 West Huntington Drive Arcadia, CA 91007 Issued 8/30/18 APPLICATION NO.: Healthy Protected Tree Removal Permit No. TRH 18-09 SUBJECT PROPERTY: 111 Hacienda Drive 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. APPLICANT’S SIGNATURE DATE PRINT NAME PROPERTY OWNER’S SIGNATURE DATE PRINT NAME Approval of your application shall not be of effect unless the property owner and applicant have executed and filed this 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, October 1, 2018, this approval will become null and void and all fees will be forfeited.