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SR-01-13-1981-11F~, _i JA~1 ~ 3 t9&~ Santa Monica, California, January 2, 1981 TO: Mayor and City Council FROM: City Staff SUBJECT: Appeal, .Modification of .Landscaping Plan, Tentative Tract No. 38531, New 16-Unit Condominium, 202 San Vicente, Progressive Savings and Loan Introduction This is an appeal from the Planning Commission's modification of the landscaping plan for a new condominium project on San Vicente Boulevard. Appeal is by Councilmember Jennings. Background On October 15, 1979 the Planning Commission approved the Tentative Tract Map for a new 16-unit condominium on a vacant lot at 202 San Vicente Boulevard which still contained several mature trees including nine palms and a large Pittosporum. As a condition of approval the Commission required retention of four of the palms and the Pittosporum with the further requirement that the palms to be removed either be relocated on site or moved to a city park at the developer's expense. The Pittosporum was sub- sequently damaged by a storm and a substitute approved by the Architectural Review Board's landscape architect. Five palms were eventually moved to Virginia Avenue Park but only two, instead of four, were retained on site. On October 20, 1980 the Planning Commission required the developer to replace the two missing palms and comply with the original 1;1nd'SO~~j.ng pl~xa. On December 15, 1980 the Planning Commission 0 d 6°~ ~ 1 v s'l; ,; '' Mayor and City Council -2- January 2, 1981 approved a modified landscaping plan using Canary Island pines in lieu of palms and requiring relocation of the two remaining palms to a park at the developer's expense. The revised land- scaping plan was approved by the Architectural Review Board on December 16, 1980. On December 19, 1980 the Planning Commission's action was appealed by Council member ~ehnings. In the interim the developer has installed all of the txeesrcalled-for by the new plan. Alternatives Under the City's condominium procedures the City Council may affirm, reverse or modify any action of the Planning Commission in regard to a tract map and the decision of the Council is final. The Council, therefore, has three alternatives available: 1. Deny the appeal and affirm the Commission's action, thereby ratifying the new landscaping plan approved by the Commission and the Architectural Review Board. 2. Grant the appeal and delete the new landscaping plan, requiring the developer to proceed with the original plan including the provision of two mature palm trees to replace those erroneously removed. 3. Grant the appeal and modify the new landscaping plan to require the retention of the two existing palms in addition to the Canary Island pines. Recommendation In view of both the Planning Commission and the Architectural Review Board's approval of the revised plan and the relocation of the two palm trees to a city park where they will receive a Mayor and City Council -3~ January 2, 1981 higher degree of protection than might exist on site, it is respectfully recommended that the appeal be denied and the Planning Commission's action affirmed, Prepared by: James Lunsford JL:bn ~p~~; w ~~. ~,-,.'. ~3 i'1 ~€~ ~~ ~ ~~ ~~ ~ U~ December 19, 1980 TOc TYe Honorable City Council F.'FtOM: William Jennings 1~Et 202 San Vicente Boulevard, Tentative Tract No. 38531, Modification of Landscape Plans T respectfully appeal the decision of the Planning Commission on December 15, 1980 allowing the. Developer of the above Tentative Tract to revise that Tract's landscape plans allowing the removal of two large palms from the premises, The grounds for this appeal are: 1. The :Developers newest landscape plan is not in keeping with the intent of the Commission to retain existing planting. 2. That there is substantial question as to whether the Developer has .acted in good faith with respect to previous Commission requirements; and 3. Landscape Plans incorporating the existing palms are possible. n 12espectfull.y /ubmitted, The staff report concerned a request for modification of plans fora new five- unit condominium at 2325 Twentieth Street by Charles }lou. A 1S0-day extension had been granted Plovember 3, 19$U: (There being no-one present to speak for the app7i-- cation in its turn before the Commission, the matter was postponed and heard later.) Mr. Hou was then present and spoke for his request. Chairman !Catz moved to approve the extension of the Tentative Map for 1$0 days with t}re requirement that the dish- washers be moved right next to the sink in the same wall as the sink. Seconded by Commissioner Edvaards, the motion carried by the following vote: AYE: Hotchkiss, Kennedy; Sullivan, Katz NAY: Cloke, Edwards ABSENT: Kleffel E. Re uest for Extension:. Tentative Tract No. 36240' .The staff report was read for an extension requested fora new six-unit condo- minium at 911-913 Fifth Street by International V.I:P. Investments, Inc. (This item was taken prior to Items 5C and 5D during the meeting because 5C & 5D representa- tives had not arrived in ahe.Co_unci7_Chamber:j .Commission discussion centered on the court case Filed by the applicants. Robert Smylie, project attorney, spoke for the matter. Commissioner Sullivan r:cved to grant a 1$0-day extension., seconded by Commissioner Kennedy. 'Commissioner Cloke proposed a substitute motion to extend. for 30 days. There was .no second. .Therea,""ter-Commissioner Notchkiss moved to grant a 90-day extension, as a substitute r.;otion. Seconded by Commissioner Edwards; it failed to carry, as follows:. AYE: Hotchkiss, Edwards 'NAY: Cloke, Kennedy, Sullivan, '',atz A6SEM(: Kleffel 'fhe original motion to grant a 1$0-day extension was then voted upon and failed as follows: (None that the Commission later granted a 90-day extension. See Page 3.) . RYE: Flotchkiss,.Kennedy, Sullivan NAY: C7oke, Edwards, Ka t ABSENT: Kleffel st for t~iodiFication: Tentati 3$531 I S Fr The staff report was read concerning another request for modification of the landscaping plan at 202 San Vicente Boulevard for a new sixteen unit condominium by Plotkin Rosen Development Co. Ron Reimers, landscape architect, addressed the Commission concerning the landscaping plan proposed by the developers. During the public hearing: Linda Black, 1025=z Eighteenth Street, noted her concern about the palm trees disappearing from the project. Commissioner Hotchkiss moved for approval aF the modification under the conditions set forth in the staFf report recommendation,with.additional conditions that the replacement planting, specified .for the Pittosporum Undulaturn or Victorian Box which are noted for removal on the east side, whether in the patios or wherever, be specified so that the replacements may be reviewed by the Architectural Review Board and be substantial ,so that neighboring properties maintain a feeling of the greenery they previously and presently have, subject to appropriate finding as to orvaership and agreement with adjoining owners as necessary; and that a medium . sized,fairly full tree be located along the west side back near the adjoining p<~rrkingcourt of the adjoining building; and that, should there be any accidents -in the moving of the existing palm trees, if for any reason they cannot be moved properly, trees of equal size mu t he provided as replacements.. Seconded by Com- ,...~; ~. CITY PLAAiNING DEPARTMENT CITY OF SANTA MONICA M E M O R A N D U\ M DATE: December 1, .1980 `~~ ~~ ~ •~' ~~~,/ TO: The Honorable Planning Commission FROM:. The Director of Planning C'= ~` ~,~ SUBJECT: Request for Modification, Landscape Plan, Tentative Tract No. 38531; Nero 16-Unit .Condominium, 202 San Vicente .Boulevard, Progressive Savings and Loan. This is a request for furi:her modification of the landscaping plan at 202 San Vicente Boulevard, Last considered by the Commission on October 20, 1980. The staff recommends that the modifications be approved subject to Architectural Review Board approval and substantial compliance prior to Final Map submission because: 1. This will be the fourth major landscaping plan approved for this project, each of the first three having subsequently been discarded. 2. Part of the original intent was to retai.a existing plant- ing as much as possible and as shielding for adjacent proper- ties during construction,.a purpose which has been entirely defeated and toward which no effort has been made during the past 40 days despite assurances that immediate action would be taken. The developers have instead constructed masonry walls and contracted for yet another landscaping plan. 3. Installation of approved landscaping is the most appro- priate means of assuring concerned citiaens that the Commis- sion's requirements will be complied with, especially in those. instances where previous assurances have not been fu11fi11ed. RECOMMENDATION. It is respectfully recommended that the subdivider's request for an alternative landscaping plan be approved with notice to the subdivider that the Commission does not consider the tendered Final Map in compliance with the approved tentative, that it will not be submitted to t1.ie City Council for consideration until cer- tified to be in compliance by the Comrmission, and that such certi- fication will not be given until the following has occurred: 1. An alternative landscaping plan on the ot-der of that proposed in the Plotkin/ROSen letter of November 19, 1980 has been approved by the Architectural Review Board. 2. Any existing palm trees removed from the premises have been relocated in a City park under the direction of the Recreation and Parlcs Department. ~, ~~ ~ Planning Con¢nission -2- Decernber, I, 1980 3. The major landscape features., including but not limited to all trees in the front yard,.-court yard and replacement trees on the southwesterly side yard, have been installed in accordance with the approved plan. Respectfully submitted,. ' ames un - ard; irector of Planning JL:lk T.T. 38531 PLOTKIN ROSEN DEVELOPMENT COMPANY 13352 Washington Blvd. Los Angeles, CA 90066 (213)822-9122 November 19, 180 Planning ,Commission City of Santa Monica SantaMOnica, California Dear Commissioner: The purpose of this ,letter is to respectfully request the following approvals: 1. Approval of the modification to the existing landscaping plan to a landscaping plan which better integrates the landscaping to the buildings and to the landscaping along San Vicente Boulevard. The revised landscaping plan recom- mended and designed by Mr. Ron Reimers, Landscape .Architect, significantly upgrades the current plan (see the attached plan and the descriptions below); and 2. Upon approval of the revised landscaping plan, that the Commission allow submission of the Final Map to the Citv_ Council for final approval and recordation. The reasons for modifying the landscaping plan and requesting the above approvals are two-fold: physical impossibility and/or imprac- ticality to implement certain of the current landscaping requirements of the Tentative Tract Map and the lack of architectural integrity in the resulting landscaping if in fact the conditions could have been satisfied. The following is a description of the problems with the current landscaping plan and the solutions recommended by Mr, fieimers. Front Palm T.'rees (San Vicente Blvd.) When the Tentative Tract Map extension was approved by the Commission, we Were required to purchase'2 additional Phoenix Carnariensus (Canary Island Palms) to replace the 2 palm relocated and donated to Virginia Avenue Park. Since San Vicente is characterized by multi-trunk and branch trees rather .than by palms (there are no other parkway palms in that area of San Vicente), it has thusly been recommended to forego ..bringing in the 2 new palms. In addition, we wish to donate (at our cost) the. remaining 2 palms to a City park, bringing to 7 the total number of large palm trees voluntarily donated to the City by us. In exchange for the 7 donated palm trees (see attached letters), we will install 8 single and multi-trunk Eucalyptus Citriodora ranging in height from 25' to 50'. The result is a front elevation with a greater number of ,trees, greater landscaping inte~_est and det-aii and 2 addit- Tonal trees donated by us for the use and enjoyment. of the City park system. Page 2 Courtyard Ficus Microphylla As approved by the Commission,we were required to replace the large Pittosporum tree killed prior to our purchase of the property with a 25' high and 25' wide Ficus Microphylla. In order to place this size tree in the courtyard, it would necessitate the closure of San Vicente Blvd. for a 48 hour period iri order to allow two 90-ton cranes working in tandem to place the tree in the courtyard. It was the opinion and recommendation of the Mr. Crane Co., a leading California large crane operator, that it would be a costly and dangerous manuauver, and that he could not guarantee the safety of the tree or of the building. Tn addition, in order to fit the tree into the courtyard, it would be necessary to cut the spread by S' since it exceeds the size of the courtyard. Once installed, the tree would cut all effective light into the courtyard, be out of proportion to the courtyard and woral.d eliminate our ability to introduce flowers and small plantings into auk brick planters. It was thusly recommended to install a 48" box Ficus .Microphylla in the courtyard with a height of 14' and a spread of 16' and to add three 24" box Tristania Conferta (16' high) a7.ong the west sideyard wall to provide screening for our. building and the adjacent building. Existing Eastside Trees The eastside property line currently has some Pittosporum Undulatum of varying size and health. It has been recommended to carefully trim and shape th^ salvageable trees and to remove those stumps and superfluous specisr.ens from the alley to the point indicated on the .plan. Westside Punica Granatum At the time of the extension approval, it was required by the Commissio: to replace this tree in a westside patio. The tree size so required has a spread of 15' in a 10' sideyard area. The tree would encroach on the adjacent property and its root system would interfere with the property line wall (as the previous tree did with the previous wall). Mr. Reimers has recommended against the planting of this tree because it defeats the purpose of providing an open patio area; it encroaches on adjacent property and is not in context with the overall landscaping design. ' Summary Tn summary, the recommendations made by Mr. Reimers are logical and 1 _ Page 3 will create a superior product com~iared to the currently .approved plan. It also eliminates a severe traffic problem and the liability exposure created by the condition that we install a 2,5'.Ficus tree in the courtyard. We have worked very hard to produce a product that will enhance San Vicente. N7e have, at every step ,of the way, upgraded the building and the landscaping design; and have worked with the City at each step to secure the necessary ap,p.rovals and permits. We have to date, donated 5 large palm trees tothe City andwishto donate 2 more. However, unlike other projects in the City; we have added more trees than were relocaL-ed, and have only used mature trees which look goad. today rather than same little 15 gallon "future" trees. Landscaping is an integral element in the creation of success- ful ].ivina areas and successful neighborhood environments. San. Vicente i:;, an important resource of the community and derr.dEnds of this project a fully integrated and coordinated landscaping deign; not. a patchwork design. What we have been facing and battling is trying to force certain landscaping elements to fit where logic dictates they do not belong. We trust that you can now appreciate that we also share the concerns of the Commission with respect to the preservation and enhancer:raant of the City's landscaping. We have satisfied the preservation of trees by donating 7 palms to the Park system and have enhanced our :specific project by designing a landscaping plan superior to the one which :i.ncorporated the existing trees. Your approval of our requests will enable us to proceed .immediately w9.th the approval. of our Final Map, and will a7.1ow us to proceed with landscaping of ourr project and the addition of the palm trees to the City park a Thank you for your consideration. Very truly yours, ff ? q l "x i. ~J Pa,,il Plotkin JJef~frey A. Rosen .. San Vicente Ocean Townhomes S A ~ti CITY PLATV'NS`~G DEPARTMENT CITY GF SANTA MONICA M E :~; O R A N D U M DATE: October 20, 1980 TO: The Honorable Planning Commission FROM: The Director of PZannina SUBJECT: Request for Extensica, T=ntative Tract No. 38531, New 16-Unit Condominiui:,,~202 San Vicente Blvd., R4 This is an application for extension of a Tentative Tract Map carried over from October 5 for determination of the exact number of trees required to be retained. Review of plans, documents and approvals indicates that 2 palm trees and 1 pomegranate, supposed to be retained, are now missing, The current project owners are not the same as those who designed the project initially. ORIGINAL CONDITIONS, The site map shows .the following trees. existed at the time of application: 1 large avocado 9 palms 1 pittosporum 1 magnolia 1 pomegranate 4 oranges PLADINING COP'L~;ISSION APPROVAL. On October 15, 1979 the Planning Commission approved plans ballinc for the retention of 4 palms, 1 pittosporu.-n, and the existing screening landscaping located on .both sides of the property both during and after construction, The Commission also added the condition that the palms the developer had planned to remove Host be either relocated on site or moved to a City park at his expense, The pittosporw-n was subsequently da:-aaged by a storm, and the Arct?itectural Review Board's landscape architect approved a 25' high and 25' wide rusty leaf fig as an appropriate substitute. The revised landscape plan also indicated relocation of 4 of the 5 palms in the middle of the lot. Two were to be moved to the front yard and two to the rear yard. The revised plan also indicated retention of an existing pomegranate tree on the westerly lot line. i Planning Com_-^.ission -2- October 20; 1980 SUBSEQUENT C_u=`iG~S. Th° ceveloper reports the following sequence of events in regard to the palms. There were 5 palms in the middle of the ict, 4 of :which were to be relocated, 2 to the front and 2 to t'?e rear. .he first to be moved fell and broke. in half when it was lifted out of the ground. The Edison Company advised agair_st cuttinc the trees in the rear yard because of the overhead electric lines. Consequently, the 3 remaining trees were all moved to the front and placed between the 2 existing palms on each side. there sere then 3 palms' on the westerly side and 4 palms on the easterly side. They maintain the small 10" palm was never intended to be retaine3. P7hen excavation for the garage began, the trees began to fa21 and there was no way to anchor them, so S of the trees, the 3 ne:~rly relocated and the 2 existing at each corner of the building, za=_re ;:loved to Virginia Avenue Park. The pomegranate trees had to ae removed when an existing retainin g wall was remo•red because the root system was involved in the wall`s base. PRESENT CONDI^IO':5. At present only 2 of the 4 required palms remain. Additionally, the pomegranate tree is also gone and there is no shrubbery: or screening whatsoever on .the westerly side. UNAUTHORIZED RJ`~`,OVAL. The 3 trees .clearly removed without authorization include 1 30" diameter palm with a 72" base from the westerly Iot line, i 36" dia-nater palm with a 60" base from the easterly side, and a 12" pomecranate from the rear westerly line. ALTERNATIVES. Extensio^ of a Tract Map is discretionary by the Planning Com~~ssion. Th=_ City Attorney's office has advised that a recent cour~ ruling pro'?ibits the imposition of new conditions on an extension, that t^e extension can be for time only. The Final Map for the proje^t was received by the City Engineer on September 18, 198 and `oraarded to the Planning Department for submission tc the City Co incil on October 13, 1980. Without extension, tine tentative .nap twill expire on October 13, 1980. Approval of a rir_a1 Diap b~,> the City Council is required if it conforms to the tentative. Inasmuch as 3 required trees are lac;cing, the Final Riap does not appear to conform to the tentative and the Coancil would not be obligated to apprpve it. Available alternatives include denial of the extension, which - would cause the rip to exoire and require reapplication; or grant the extension :cith renlace^.ent of the missing trees required before Final 2daa aaproval. RECOMMEVDhTIO_:. In vie-a of the Commission's inability to impose conditions on an extension, it is respectfully recommended that an extension be cranred for a period of 180 days, with official Planning Commission '3- October 20, 1980 notice to the subdivider that the Commission does not consider the tendered Final Map in compliance with the approved tentative, that it will not be submitted to the City Council for consideration until certified to be in co-~pliance by the Commission, and that such certification will nct be given until the fol~.owing has occurred: 1. Two palms, as sirilar as possible in size and configuration to those removed, are replaced in the approximate location fro-r which they were removed, or other approved location. 2. A 12" diameter pok,egranate tree is replaced at the location from which it was removed. 3. That the rusty lea= fig and the 2 24'° box podacarpus are in place to replace ti?e lost screening on the westerly side. Respectfully submitted, ames Lun ford Director of Planning. JL:mdt