HomeMy WebLinkAboutDecision Letter
May 30, 2024
Zhong Qun Li
2241 Highland Vista Drive
Arcadia, CA 91006
Subject: Removal of a Protected Healthy Tree Permit No. TRH 24-03
Project Address: 2241 Highland Vista Drive
Dear Applicant:
The public comment period for the Notice of Pending Decision for the above
mentioned application ended on May 24, 2024. Staff received one comment during
the public comment period against the granting of the retroactive permit. After
careful consideration, the Development Services Department has conditionally
approved the retroactive removal of one (1) protected Italian stone pine tree
located along the side yard setback within the rear yard. As evaluated by a Certified
Arborist, the tree was located on a 45-degree slope and was growing directly
underneath a utility pole and utility lines which provided a difficult location for
maintenance of the tree. As such, the retroactive removal is approved subject to
the following conditions:
1. The retroactive removal of the protected Italian stone pine tree shall be
replaced with one new 24-inch box Saucer magnolia, crape myrtle, or
camphor tree in the lawn area on the southwest portion of the property as
determined to be the best replacement type and location by the Certified
Arborist. A follow-up report by a Certified Arborist shall be submitted to the
City verifying installation of said replacement tree within 90 days of this
letter. 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 24-03 (“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
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 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, 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 $713.00
appeal fee by 5:30 p.m. on Monday, June 10, 2024. You will be notified if an appeal is filed.
If you have any questions, please contact me at (626) 821-4334 or by email at
earreola@ArcadiaCA.gov.
Sincerely,
DEVELOPMENT SERVICES DEPARTMENT
Community Development Division/Planning Services
Edwin Arreola
Associate Planner