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