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HomeMy WebLinkAboutDecision Letter DEVELOPMENT SERVICES DEPARTMENT ArcadiaCA.gov | 240 West Huntington Drive, Arcadia, CA 91007 | (626) 574- 5415 Delivered via email & EDGE stephen.shieh@gmail.com December 2, 2025 Stephen Shieh 1801 Watson Drive Arcadia, CA 91006 Subject: Protected Healthy Tree Removal Permit No. TRE 25-12 Project Address: 1801 Watson Drive Dear Mr. Shieh: The public comment period for the Notice of Pending Decision for the above mentioned application ended on December 1, 2025. Staff did not receive any comments during the public comment period. After careful consideration, the Development Services Department has conditionally approved the retroactive removal of one (1) protected paperbark (Melaleuca quinquenervia) tree located within the side setback of the subject property. The tree was removed due to safety concerns as it was interfering with structures and utilities and creating a safety risk to property and residents. As such, the retroactive removal is approved subject to the following conditions: 1. The retroactive removal of the protected paperbark (Melaleuca quinquenervia) tree shall be replaced with two (2), 24-inch boxed Chinese Fringe (Chionanthus retusus) trees on the subject property and inside the street side-yard setback, along Norman Ave. 2. A follow-up report by a Certified Arborist shall be submitted to the City verifying installation of said replacement trees 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. Page 2 of 3 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 Permit No. TRH 25-12 (“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 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 Page 3 of 3 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 $735.00 appeal fee by 4:30 p.m. on Friday, December 12, 2025. You will only be notified if an appeal is filed. Approval of TRH 25-12 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 January 1, 2026, this approval will become null and void. The form may be submitted via email or EDGE portal. This TRH 25-12 shall expire in one year (December 13, 2026) from the effective date of this permit. 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 Enclosed: Acceptance Form Arborist Report dated September 17, 2025 CITY OF ARCADIA ACCEPTANCE FORM Development Services Department Community Development Division-Planning Services 240 West Huntington Drive Arcadia, CA 91007 Issued 12/2/25 APPLICATION NO.: Protected Healthy Tree Removal Permit No. TRE 25-12 SUBJECT PROPERTY: 1801 Watson Drive I am/We are the applicant(s), and the owner(s), or the duly authorized representative(s) of the owner(s), respectively, of the project and real property that is the subject of the above application(s). I am/We are aware of, understand, and accept, all the provisions and conditions imposed upon the project and real property that is the subject of the above application(s), and also understand that noncompliance with said provisions and conditions shall constitute grounds for the immediate suspension or revocation of any approvals granted through said application(s). I/We certify and declare under penalty of perjury that the foregoing is true and correct. APPLICANT’S SIGNATURE DATE PRINT NAME PROPERTY OWNER’S SIGNATURE DATE PRINT NAME Approval of your application shall not be of effect unless the property owner and applicant have executed and filed this 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 January 1, 2026, this approval will become null and void and all fees will be forfeited.