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SR-09-28-1976-7A- ~_."~t3 ''S~n1Ca, Cal~fO??'~3, September 10, 1476 i ~~' TO: The Mayor and City Council ~~ fl ~~ ~' r20M: City-Staff r~~~x~ ~~~~. SUBJ~CT: Appeal, Landmarks Case 03-007 ~tp ~.,~.~~ :~710retOn Bay Fzg Tree, if lramar Hvt21 ~ .`~ ~ 7HS3 ~e~~'.`'8' B~ ~~; u~3a~~ rn ray craw ~tH!tx's ca~~t~a~ lntrOduCtiOn r~b~;i ~,•ppy7 TF11S report d2SCr~beS the deSigriat_On Of th2 M?ramar tree aS a landmark by the Landmarks Co?r~mission, the appeal procedure and the alternatives available to tie City Council in its_ capacity as the Appeals Body. Background In June the Landmarks Cormission initiated proceedings to deS3gnate the 1'fOretOn Bdy Frg '_'r e2 at the ~"!1raTar =iO toi a5 a City Landmark. Public Hearings were held on August 3..rd and i7th following which the tree was designated as a landmark and a circular ar2a 100' in diameter from the center of the tree trunk W35 designates as a 1andr,ark parcel. The Fu]lta Gorp., owners of the Miramar property, lave appealed the size of the '_andInark va"_Cel t0 t e City COllnC11. under th2 D-rOV1S10nS Of "C112 Landmarks ~J 2"di rianCe any alteratl0n, remOVal, rel0Cat10n Or der~!Ollt_On Of a landmark Or landmark ^arCel must be approved by the Landmarks Co-rumission through the issuance of a Certificate of Appropriateness. In its designation, the Landmarks CcmT~ission specifically exempted existing structures within the 100' circle from this provision. TO: The Mayor and City Council - 2 - Sep to-.,~_ 10, 15 5 mhe designation o~ the tree is based upon its locat_on on the site of the former home of $enatar J. P. Jones, the founder of Santa Monlaa, that 1t Wa5 planted by mem~}'.erS OS tS12 Senator'S family and its aest?~ietic interest and value. The tree is mare than 9S y2arS 01d and };aS a Sprea 4i Of dppr6X litia "Le1y 110° It is ;n good condition and considered a fine 'r,atanical specimen of its species. In the course of the hearings the Commission heard testimony by_ a highly qualified landscape architect to the effect that the tree's root system could be reduced to a distance of 25' from the base of the trunk and the tree would survive. The Conmiss;on were also advised that current zoning re•G~,~irements in the R4_ District limited lot coverage to ~0° and that the suggested land- mark parcel represented approXimately 10~ or tt±e open area re- Guired. Tn geleCting the l00° d1aI^eter S122d landmark parcel, the Com- itl5S3..an eXpreSSed the .ntent to preserve nOt Only t'I1e m?nllill2lR root strllCtllre heCeSSary fOr 5llr°TiVal 'Dllt an area Sll~~1Clent t0 retain the-tree`s ap%r'J Xlmate--5122-.:-and-COnf lguratl0n aS w211. Alternatives Under the Landmarks verse or modify any The decision of the following a Public and noticed for the Ordinance, the City Council may uphold, re- determination of the Landmarks Ca:rmission. City Council must be made within 30 days ?ear;ng. The Public Hearing has been scheduled $epte,:}:er 2~,th Council meeting. id: The Mayor and City Gou_,cil - 3 - Septe~:ber i0, i97b Inasmuch as the appeal is only to the size oL the iandmark_ parcel rather than any e~uest.ion as to the appropriateness of the designation, the alternatives appear to be those of upholding the 100` circle or reducing it to 50' as desired by the rujita COrOCratlCn. A third alternatlV2, 1nCreaS_P.g ti'ie size Or 'Ciie parcel does not appear end=Gated. The OrOS Sri iaVOr Oi alternatiV2 One include the prOVisiOn Oi a parcel area susficient to reasonably preserve the fia tree`s pr2Sent Cbni~guratiO2: WltnOllt unduly restricting the ou-ners° future deVelOpment. AS indiCdted, file tree°s present Spread 1S approximately 110', greater than the area proposed, and the ~arCei Si.22 reDr25entS Only abOllt 10o Or file Tegll7.r ed Ope_T'i Space. i_e COns in"_..de the prvbau_e ~__-t3i~a.t lOn Oi t~'12 deSigna~ed ar2a being utilized for other than part of the landscaped open space. The pros in favor of the second alternative, reducing file land- mark parce'_ to a 50' ra~_her than 100' circle include the ~2serva- t-On Or t.i`_e "?inSmum area necessary fOr SUrV1?7al and the 12ast _:ipa-_ri:!ent Or C{eslyn Ca u~abi 11'=1es ~Or rL?.t ;lie COnStrllCtlOn. 'ri'le cons involife the possibility Mat future construction could im- pinge so closely upon the tree that its a2sti12t1C values mould be substantially diminished. `;ecom,-aendati on On the basis that the 100' circle is the minimum necessary to preserve the tree`s present configuration and the requirement ~0: `ihe ~"ayor and City Council - ~ - September 1Q, 1976 that at least one-hall of the total site must be devoted to open space and landscaping, there appears to be no unreasonable deprivation of the owners` future development riches and it is respectfully recoml ended that trig first alternative be selected and th2 d2 tc'rm_natton Of the Land,T~a rYS l;C:?~ 1SS1Gn llDheld. Prepared bp: J. Sv. Lur_sford