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HomeMy WebLinkAboutDecision Letter 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 October 9, 2018 Li Han 1203 Highland Oaks Drive Arcadia, CA 91006 SUBJECT: Healthy Protected Tree Removal Permit No. TRH 18-17 PROJECT ADDRESS: 1203 Highland Oaks Drive Dear Ms. Han: The public comment period for the Notice of Pending Decision for the above mentioned application ended on September 13, 2018. The Development Services Department received two letters of opposition to your request to legalize the unpermitted, significant trimming and topping of five protected trees (two Sycamore trees, two Arizona Ash trees, and one London Planetree tree) that are located in the front yard and street side yard setback areas. After careful consideration, the Development Services Department has conditionally approved the request to legalize the unpermitted, significant trimming and topping of the five above mentioned protected trees. The application is subject to the following conditions: 1. Within 60 calendar days of this decision, the property owner/applicant shall pay a fine in the amount of $5,000 to the City of Arcadia. This fine shall be paid to the Planning Division by 5:30 PM on Monday, December 10, 2018. 2. To ensure the trees will survive, the property owner/applicant shall not trim trees nos. 1, 2, 4, 5, or 6 for the next three (3) years or prior to September 27, 2021, per the Certified Arborist’s recommendation in the Tree Report, dated August 27, 2018. A Certified Arborist shall be required to monitor the trees on an annual basis and submit a follow- up/status report on the health of the trees, along with any recommendations to the Planning Division. The report shall be submitted to the Planning Division yearly by October 9th. 3. Within 60 calendar days of this decision (December 10, 2018) the property owner/applicant shall submit a deposit of $12,500 to the Planning Division. These funds shall be placed in a trust account with the City. If trees nos. 1, 2, 4, 5, and/or 6 do not survive during the three (3) year period, or before October 9, 2021, these funds shall be used to purchase replacement trees, and the property owner/applicant shall plant of the tree(s) on their property at their own expense. A Certified Arborist shall provide recommendations to the City regarding the species, size, and location of the replacement trees which will be subject to review and approval by the Planning & Community Development Administrator or designee. 4. Within 90 days of this decision (Monday, January 7, 2019), one (1) 36-inch box, evergreen tree shall be planted in the front yard area. The location and species if the tree shall be subject to review and approval by the Planning & Community Development Administrator or designee. A Certified Arborist shall supervise the planting of the tree and shall submit a follow-up report to Planning Services to verify the fulfillment of this condition. This report shall also be submitted by January 3, 2019. 5. Within 30 calendar days of this decision (Thursday, November 8, 2018), the property owner/applicant shall execute and file with the Planning & Community Development Administrator or designee the enclosed Acceptance Form to indicate awareness and acceptance of the restitution requirements. 6. 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. There is a ten (10) day appeal period for this application. To file an appeal, a completed Appeal Application form must be submitted to the Community Development Division along with a $600.00 appeal fee by 4:30 p.m. on Friday, October 19, 2018. You will be notified if an appeal is filed. You may visit the City’s website at www.ArcadiaCA.gov/noticesanddecisions to view this letter. If you have any questions regarding the above conditional approval, please contact me 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 c: Dean Obst and Sunny Padival, Acting ARB Chairs Lisa L. Flores, Planning & Community Development Administrator The Uniacks, Neighbor Kevin Kelly, Neighbor