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HomeMy WebLinkAboutDecision LetterSent via e-mail and EDGE Portal March 13, 2025 Kim A Tu 356 W Woodruff Ave Arcadia, Ca. 91007 Subject: Removal of Protected Healthy Tree Permit No. TRH 24-10 Project Address: 616 Walnut Ave. Arcadia CA. 91006 Dear Ms. Tu: The public comment period for the Notice of Pending Decision for the above mentioned application ended on February 24, 2025. 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 Chinese Elm located in the rear yard of the property. As evaluated by a Certified Arborist, the tree is healthy but substantially overhang the subject property and the adjacent property. The tree appears to have caused some cracking in a property line wall. Furthermore, no mitigation measures are identified which could reduce the size of the tree while maintaining its health and structural integrity. 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 of a species not on the City’s unprotected tree list; 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. 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 24-10 (“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, 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 $693.00 appeal fee by 5:30 p.m. on Monday, March 24, 2025. You will be notified if an appeal is filed. Approval of TRH 24-10 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 March 13, 2026, this approval will become null and void. The form can be submitted via email. This approval shall expire in one year (December 17, 2025) from the effective date. If you have any questions, please contact me at (626) 574-5447 or by email at mchipres@ArcadiaCA.gov. Sincerely, DEVELOPMENT SERVICES DEPARTMENT Community Development Division/Planning Services Melissa Chipres Senior Planner