HomeMy WebLinkAboutConditional Approval - Decision Letter
DEVELOPMENT SERVICES DEPARTMENT
ArcadiaCA.gov | 240 West Huntington Drive, Arcadia, CA 91007 | (626) 574- 5415
July 30, 2026 Via EDGE Portal and email
Garo Artinian
615 E. Wistaria Ave.
Arcadia, CA 91006
Subject: Removal of Protected Healthy Tree Permit No. TRH 26-10
Project Address: 615 E. Wistaria Ave.
Dear Applicant:
The public comment period for the Notice of Pending Decision for the above-referenced
application ended on July 30, 2026. No comments were received during the public comment
period. After careful consideration, the Development Services Department has conditionally
approved Protected Tree Removal Permit No. TRH 26-10 for the retroactive removal of one
(1) 23-inch diameter Southern Magnolia tree. The tree was removed without first obtaining
the required City approval. To mitigate the loss of the protected tree, approval is subject to
the following conditions:
1. One (1) new minimum 36-inch box Coast Live Oak or California Sycamore tree shall be
planted in the front yard, and one (1) additional replacement tree of a species not
identified on the City's Unprotected Species List shall be planted in a location
recommended by the project arborist. The required replacement trees shall be planted
within ninety (90) days of this approval. Following installation, a Certified Arborist shall
submit a follow-up report to the City verifying installation of the required trees, including
color photographs and a revised site plan identifying the locations, species, and sizes of
the replacement trees.
2. The required replacement trees shall be maintained in a healthy condition and replaced
if they become diseased, die, or are removed.
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, e mployees,
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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 26-10 (“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 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. A completed Appeal Application
and the required appeal fee must be submitted to the Development Services Department
no later than 5:30 p.m. on Monday, August 10, 2026. You will be notified if an appeal is filed.
Approval of Protected Tree Removal Permit No. TRH 26-10 shall not become effective unless
the property owner and applicant have executed and submitted the enclosed Acceptance
Form acknowledging these conditions of approval. The Acceptance Form must be submitted
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by August 30, 2026. Failure to submit the Acceptance Form by this date will render this
approval null and void.
This approval shall expire one (1) year from the effective date unless exercised or extended
in accordance with the Arcadia Municipal Code.
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
Enclosed: Acceptance Form
Cc: Zonel Pascasio, Property Owner