HomeMy WebLinkAboutDecision letter
May 11, 2022
Eric Tsang
440 E. Huntington Dr., #323
Arcadia, CA 91006
SUBJECT: Healthy Protected Tree Removal No. TRH 22-01
PROJECT ADDRESS: 643 Hampton Drive
Dear Mr. Tsang:
The public comment period for the Notice of Pending Decision for the above
mentioned application ended on May 2, 2022. Staff did not receive any
comments during the public comment period. After careful consideration, the
Development Services Department has conditionally approved the request
to remove a protected Magnolia tree with a trunk diameter of 18-inches that is
currently located along the south side of the property. The removal was
proposed in order to accommodate the development of a new single-family
home and the new driveway. Alternative layouts of the new residence and
driveway were taken into consideration, however, due to the location of another
larger protected tree on the north side and to achieve a functional driveway
design, the removal of the tree was deemed necessary. The application is
subject to the following condition:
1. Two (2) 24”-box Live Oak trees shall be planted on the site as it’s
replacement along with all of the other proposed trees per the HOA
approved Landscape Plan. The Landscape Plan shall be revised to
reflect this upon submittal of the project plan-check review to Building
Services.
2. The Property Owner/Applicant shall follow and remain in compliance
with any measures provided in the Arborist Report dated February 25,
2022.
3. To the maximum extent permitted by law, Applicant must defend,
indemnify, and hold City, any departments, agencies, divisions, boards,
and/or commissions of the City, and its elected officials, officers,
contractors serving as City officials, agents, employees, and attorneys
of the City (“Indemnitees”) harmless from liability for damages and/or
claims, actions, or proceedings for damages for personal injuries,
including death, and claims for property damage, and with respect to all
other actions and liabilities for damages caused or alleged to have been
caused by reason of the Applicant’s activities in connection with TRH
22-01 (“Project”) on the Project site, and which may arise from the direct
or indirect operations of the Applicant or those of the Applicant’s
contractors, agents, tenants, employees or any other persons acting on
Applicant’s behalf, which relate to the development and/or construction
of the Project. This indemnity provision applies to all damages and
claims, actions, or proceedings for damages, as described above,
regardless of whether the City prepared, supplied, or approved the
plans, specifications, or other documents for the Project.
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
In the event of any legal action challenging the validity, applicability, or interpretation of
any provision of this approval, or any other supporting document relating to the Project,
the City will promptly notify the Applicant of the claim, action, or proceedings and will
fully cooperate in the defense of the matter. Once notified, the Applicant must indemnify,
defend and hold harmless the Indemnitees, and each of them, with respect to all liability,
costs and expenses incurred by, and/or awarded against, the City or any of the
Indemnitees in relation to such action. Within 15 days’ notice from the City of any such
action, Applicant shall provide to City a cash deposit to cover legal fees, costs, and
expenses incurred by City in connection with defense of any legal action in an initial
amount to be reasonably determined by the City Attorney. City may draw funds from the
deposit for such fees, costs, and expenses. Within 5 business days of each and every
notice from City that the deposit has fallen below the initial amount, Applicant shall
replenish the deposit each and every time in order for City’s legal team to continue
working on the matter. City shall only refund to Developer any unexpended funds from
the deposit within 30 days of: (i) a final, non-appealable decision by a court of competent
jurisdiction resolving the legal action; or (ii) full and complete settlement of legal action.
The City shall have the right to select legal counsel of its choice that the Applicant
reasonably approves. The parties hereby agree to cooperate in defending such action.
The City will not voluntarily assist in any such third-party challenge(s) or take any
position adverse to the Applicant in connection with such third-party challenge(s). In
consideration for approval of the Project, this condition shall remain in effect if the
entitlement(s) related to this Project is rescinded or revoked, whether or not at the
request of the Applicant.
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 $630.00 appeal fee by 5:30 p.m. on Monday, May 23, 2022. You will be notified if an
appeal is filed. City Hall will be closed on Friday, May 20, 2022.
Approval of TRH 22-01 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
June 10, 2022, this approval will become null and void. The form can be submitted via email.
This approval shall expire in one year (May 24, 2023) from the effective date unless plans
are submitted to Building Services for plan-check, a building permit is issued and the
construction is diligently pursued, a certificate of occupancy has been issued, or the approval
is renewed. The project plans must be consistent with the approved design concept plans
and any conditions of approval. Any inconsistency from the approved design concept plans
may preclude the issuance of a building permit.
An extension may be granted by the Development Services Director or designee, or the
Review Authority that approved the project for a maximum period of one (1) year from the
initial expiration date. An extension can only be granted if the required findings can be made.
Please note that acceptance of an extension request does not indicate approval of an
extension.
You may visit the City’s website at www.ArcadiaCA.gov/noticesanddecisions to view this
notice. If you have any questions, please contact me at (626) 574-5422, or by email at
vquiroz@ArcadiaCA.gov.
Thank you.
Sincerely,
DEVELOPMENT SERVICES DEPARTMENT
Community Development Division / Planning Services
Vanessa Quiroz
Associate Planner
c: Peter Hong, Property owner
Vince Vargas, Santa Anita Oaks Association ARB Chairperson