HomeMy WebLinkAboutConditional Approval
DEVELOPMENT SERVICES DEPARTMENT
ArcadiaCA.gov | 240 West Huntington Drive, Arcadia, CA 91007 | (626) 574- 5415
September 23, 2025 Via EDGE Portal
Jenny Lin
1841 S. San Gabriel Blvd.
San Gabriel, CA 91776
Subject: Removal of Protected Healthy Tree Permit No. TRH 25-08
Project Address: 936 Portola Drive
Dear Applicant:
The public comment period for the Notice of Pending Decision for the above-mentioned
application ended on September 22, 2025. Staff received one (1) comment during the public
comment emphasizing the scarcity and importance of mature trees. After careful
consideration, the Development Services Department has conditionally approved the
request to remove one (1) protected coastal redwood tree located in the rear yard of the
property. As evaluated by a Certified Arborist, the tree is healthy, however it is located within
the footprint of a new detached Accessory Dwelling Unit (ADU) which is not subject to
discretionary review. As such, removal is approved subject to the following condition:
1. Two (2) new minimum 24-inch box trees are to be planted on the property. The trees
are to be of a species not on the City’s unprotected tree list. Any tree that is not an oak
tree or a sycamore must be planted within a required setback (front, rear, or side yard
setback). A Certified Arborist shall submit a follow-up report to the City verifying
installation of the required trees within six (6) months of building permit issuance for
the proposed ADU, or within twelve (12) months of this approval, whichever occurs
first.
2. The protected tree shall only be removed in preparation for the commencement of
construction activities, and after the issuance of a building permit for the proposed
ADU. If the ADU is not pursued, the tree is to be maintained.
3. Any proposed changes to the front yard landscaping, including planting any
replacement trees in accordance with Condition No. 1, above, will be subject to a Short
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Site Plan and Design Review by the Santa Anita Village Homeowners Association
Architectural Review Board (see application form attached).
4. 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 25-08 (“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
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 init ial
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.
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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 $735.00 appeal fee by 5:30 p.m. on Monday, October 6, 2025. You will be notified if
an appeal is filed.
Approval of TRH 25-08 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 23, 2025, this approval will become null and void. The form can be submitted via
email.
This approval shall expire in one year (October 7, 2026) from the effective date.
If you have any questions, please contact me at (626) 574-5442 or by email at
fgraham@ArcadiaCA.gov.
Sincerely,
DEVELOPMENT SERVICES DEPARTMENT
Community Development Division/Planning Services
Fiona Graham
Planning Services Manager
Enclosed: Acceptance Form
HOA ARB Short Review Form
C: Jay Chao & Lirong Chao, Property Owner