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HomeMy WebLinkAboutDecision Letter September 19, 2018 Meijun Mu 1527 Rodeo Road Arcadia, CA 91006 SUBJECT: Healthy Protected Tree Removal Permit No. TRH 18-13 PROJECT ADDRESS: 1527 Rodeo Road Dear Ms. Mu: The public comment period for the Notice of Pending Decision for the above mentioned application ended on August 24, 2018. Staff received one comment from a neighbor in opposition to the proposed tree removal. The neighbor stated that the concrete surrounding the pool should be removed and an additional barrier should be placed between the roots and the pool to block further damage to the pool so that the tree can be preserved. After careful consideration, the Development Services Department has conditionally approved the request to remove the healthy, 29.5-inch diameter Coast Live Oak tree located in the rear yard. The trunk of the tree is approximately 8 feet away from the wall of the existing swimming pool. The roots are uplifting the concrete pathway along the edge of the pool. Based on the location of the cracks on the concrete pathway, the Certified Arborist has indicated that roots are adjacent to the walls of the swimming pool, and that the roots will continue to expand and will damage the pool. The Certified Arborist has also determined that the amount of pruning to the tree’s roots required to prevent any further damage to the concrete walkway and swimming pool walls would affect the long-term health of the tree and would also affect its stability. Therefore, there is no reasonable mitigation measure that can preserve the tree and thus the tree must be removed. The conditions of approval are as follows: 1. Two (2), 24-inch box Coast Live Oak trees shall be planted on the subject site. The specific location of the trees shall be determined by the Certified Arborist. Within 90 days of approval, the applicant shall submit a follow-up report to show proof that the tree was removed and that the two replacement trees are 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. 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 approval. To file an appeal, a completed Appeal Application form must be submitted to the Community Development Division with a $600.00 appeal fee by 5:30 p.m. on Monday, October 1, 2018. You will be notified if an appeal is filed. Approval of TRH 18-13 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 5:30 p.m. on October 19, 2018, this approval will become null and void. This application will expire on April 1, 2019. You may visit the City’s website at www.ArcadiaCA.gov/noticesanddecisions to view this notice. If you have any questions, please contact Vanessa Quiroz, Assistant Planner at (626) 574-5422, or by email at VQuiroz@arcadiaca.gov. Thank you. Sincerely, DEVELOPMENT SERVICES DEPARTMENT Community Development Division / Planning Services Vanessa Quiroz Assistant Planner c: Chun-Chiao, Neighboring Resident CITY OF ARCADIA ACCEPTANCE FORM Development Services Department Community Development Division-Planning Services 240 West Huntington Drive Arcadia, CA 91007 Issued 9/19/18 APPLICATION NO.: Healthy Protected Tree Removal Permit No. TRH 18-13 SUBJECT PROPERTY: 1527 Rodeo Road 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 (October 19, 2018), this approval will become null and void and all fees will be forfeited.