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SR-04-24-1979-7GSanta Monica, California, April 17, 1979 TO: The Mayor and City Council A P f7 2 4 1979 FROM: The City Staff SUBJECT: Appeal, Tentative Tract No. 36630, New 6 Unit Condo- minium Project, 1031 - 18th Street, R2, Gwo Rong Ueng Introduction This is an appeal from the action of the Planning Commission in not disapproving a Tentative Tract Map for a condominium project. The appeal is made by Councilman Pieter van den Steenhoven. Background On December 5, 1978 the applicants filed a Tentative Tract Map for a new 6 unit condominium project at 1031 - 18th Street in the R2 District. The property was then occupied by 5 older dwellings in good condition. On February 26, 1979 the matter came before the Planning Commission and was continued to permit the developer to investigate the possibility of keeping an existing pittosporum undulatum (victorian box tree) located near the northeast corner of the property and determine from the Parks Department how close excavation could come to the tree without endangering it. On March 5th the Commission rejected a recommendation permitting re- moval of the tree but requiring replacement totaling equivalent foliage and continued the matter until such time as the developer came back with an attempt to redesign the project incorporating the existing tree. A P R ~ ~ 9979 Mayor and City Council - 2 - April 17, 1979 On April 2, 1979 the applicant submitted a new landscaping plan but no building redesign which included retention. of the tree. With only 5 Commissioners present neither a motion to continue nor a motion to deny received the 4 votes necessary for passage and the application became automatically approved under the State Map Act provision that maps not conditionally approved or dis- approved within 50 days shall be deemed approved. .The matter was subsequently appealed to the City Council by City Councilman Pieter van den Steenhoven. Alternatives Under the City's Subdivision Ordinance the City Council may affirm, reverse or modify any determination of the City Planning Commission in the matter of a Tentative Tract Map and the decision of the City Council shall be final. Since the Planning Commission took no official action, the project currently stands approved as origi- nally submitted including removal of the tree and the initial moderate landscaping plan. The Council may therefore deny the appeal and let the project proceed as originally proposed, accept the applicants' lavish landscaping proposal which does not in- clude the tree. or require redesign of the project to accommodate the tree as desired by the Planning Commission. Inasmuch as the applicant has made no real effort to explore the possibilities of redesigning, the economic consequences are not really known. Tract No. 36630, 1031 - 18th Street Mayor and City Council - 3 - April 17, 1979 Recommendation In view of the extent of concern expressed over the possible removal of the tree, the applicants` failure to explore the possibility of its retention as requested by the Planning Com- mission and the fact that the automatic approval would incor- porate neither the tree nor the alternative landscaping plan, it is respectfully recommended that the appeal be granted and the applicant directed to return to the Planning Commission for approval of plans incorporating retention of the pittosporum undulatum with the provision that if no satisfactory plan is approved by the Planning Commission within 60 days, the applica- tion shall be deemed denied. Prepared by: James Lunsford JL:bt Tract No. 36630, 1031 - 18th Street