HomeMy WebLinkAboutApproval LetterSent via e-mail and mail
February 14, 2024
Mr. Quang Leba
11 Sierra Madre Blvd.
Arcadia, CA 91006
Subject: Removal of Protected Healthy Tree Permit No. TRH 23-16
Project Address: 11 Sierra Madre Blvd.
Dear Mr. Leba:
The public comment period for the Notice of Pending Decision for the above
mentioned application ended on February 13, 2024. 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) protected oak tree located in a narrow planter within the rear yard.
As evaluated by a Certified Arborist, the tree is structurally compromised due to
exposed root system and is leaning against the roof of the residence. No mitigation
measures are identified to save the tree. As such, removal is approved subject to
the following condition:
1. Each protected tree that is removed subject to this approval, shall be
replaced with two (2) new 24-inch box trees; a total of two (2) replacement
trees, with the locations and types of the replacement trees determined by
a Certified Arborist. A follow-up report by a Certified Arborist shall be
submitted to the City verifying installation of said replacement trees. The
Director may modify the tree replacement requirement subject to a letter
provided by a Certified Arborist explaining the reason for any such request.
2. 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 No.
TRH 23-16 (“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, 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
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
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, February 26, 2024. You will be notified if an appeal is filed.
Approval of TRH 23-16 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 Friday, March
15, 2024, this approval will become null and void. The form can be submitted via email.
This approval shall expire in one year (Thursday, February 27, 2025) 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.
If you have any questions, please contact me at (626) 574-5422 or by email at
gyesayan@ArcadiaCA.gov.
Sincerely,
DEVELOPMENT SERVICES DEPARTMENT
Community Development Division/Planning Services
Gary Yesayan
Associate Planner