HomeMy WebLinkAboutTRH 26-04 Approval Letter
DEVELOPMENT SERVICES DEPARTMENT
ArcadiaCA.gov | 240 West Huntington Drive, Arcadia, CA 91007 | (626) 574- 5415
June 3, 2026 Via EDGE Portal
Douglas Kruse
B. Hills Architecture
3156 S. Bown Way
Boise, ID 83706
Subject: Removal of a Protected Healthy Tree Permit No. TRH 26-04
Project Address: 1150 W. Colorado Boulevard
Dear Applicant:
The public comment period for the Notice of Pending Decision for the above-referenced
application ended on June 2, 2026. No comments were received during the public comment
period. After careful consideration, the Development Services Department has conditionally
approved Removal of a Protected Healthy Tree Permit No. TRH 26-04 to remove two (2)
Deodar Cedar trees and one (1) Coast Redwood tree located within the street side setback
along the street frontage of Colorado Boulevard at 1150 W. Colorado Boulevard. The
Certified Arborist originally had determined in the original arborist report that the excavation
for a retaining wall within proximity of the trees and along the street frontage of Colorado
Boulevard would not interfere with the trees. However, the Arborist has now determined
that excavation for the wall will encroach into each tree’s root crown and would eliminate
structural roots from each of the trees causing them to ultimately be structurally unstable.
Alternative designs for the retaining wall were evaluated with each design resulting in
potential tree failure due to the removal of structural roots from the trees. As evaluated by
a Certified Arborist, the protected tree removal is proposed to be mitigated with the planting
of four (4) 36-inch box Chinese Pistache trees and one (1) 60-inch box Coast Live Oak tree
within proximity to the street frontage of Colorado Boulevard. Approval is subject to the
following conditions:
1. Four (4) new minimum 36-inch box Chinese Pistache trees and one (1) new minimum 60-
inch box Coast Live Oak tree are to be planted on the property per the Certified Arborist’s
recommendation as shown in the Arborist Report dated May 9, 2026. A Certified Arborist
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shall submit a follow-up report to the City verifying installation of the required trees,
including color photographs, prior to issuance of a Certificate of Occupancy.
2. The protected trees shall only be removed in preparation for the commencement of
construction activities, and after the issuance of a building permit for the approved senior
care facility. If construction is not pursued, the protected trees shall be maintained.
3. The remaining protected trees on the property shall be preserved and protected during
construction in accordance with the recommendations of the project's original Arborist
Report.
4. The required replacement trees shall be maintained in a healthy condition and replaced
if they become diseased, die, or are removed.
5. Conditions of Approval numbers 41 and 42 listed as Biological Resource Mitigation
Measures under Resolution No. 7572 shall remain in effect as part of this tree removal.
6. To the maximum extent permitted by law, the 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 26-04 (“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
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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 $772 appeal fee by 5:30 p.m. on Monday, June 15, 2026. You will be notified if an
appeal is filed.
Approval of TRH 26-04 shall not be in 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
July 6, 2026, this approval will become null and void.
The approval of TRH 26-04 shall expire in one year (June 16, 2026) 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) 821-4334 or by email at
earreola@ArcadiaCA.gov.
Sincerely,
DEVELOPMENT SERVICES DEPARTMENT
Community Development Division / Planning Services
Edwin Arreola
Senior Planner
Enclosed: Acceptance Form