HomeMy WebLinkAboutDecision letter
September 29, 2023
Milica Jelisavcic
2130 Colby Avenue #6
Los Angeles, CA 90025
SUBJECT: Healthy Protected Tree Removal No. TRH 23-10
PROJECT ADDRESS: 1354 Michillinda Avenue
Dear Applicant:
The public comment period for the Notice of Pending Decision for the above
mentioned application ended on September 28, 2023. 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 one (1) healthy Coast Live Oak that is within the footprint of the new
development, remove one (1) diseased tree, and encroach upon seven (7)
protected Coast Live oaks on the property. The application is subject to the
following condition:
1. Four (4) 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 August 4,
2023.
3. To the maximum extent permitted by law, Applicant must defend,
indemnify, and hold the 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 Healthy
Tree Removal TRH 23-10 (“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.
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,
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
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, the Applicant
shall provide to the 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.
The 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. The City shall only refund to the
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,
at the request of the Applicant or not.
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 $679.00 appeal fee by 5:30 p.m. on Monday, October 9, 2023. You will be notified if
an appeal is filed.
Approval of TRH 23-10 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 29, 2023, this approval will become null and void. The form can be submitted via
email.
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
letter. If you have any questions regarding the above approval, please contact me at (626)
574-5447 or by email at amaccarley@ArcadiaCA.gov. Thank you.
Sincerely,
DEVELOPMENT SERVICES DEPARTMENT
Community Development Division/Planning Services
Alison MacCarley
Assistant Planner
C. Sushil Amand, Property Owner
Sanjay B. Kucheria, Upper Rancho Property Owners Association ARB Chairperson