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SR 07-23-2019 3I City Council Report City Council Meeting: July 23, 2019 Agenda Item: 3.I 1 of 2 To: Mayor and City Council From: David Martin, Director, City Planning Subject: Approval of Statement of Official Action Upholding Appeal 18ENT -140 and Denying the Designation of Sycamore Tree(s) at 1122 California Avenue as a City Landmark Recommended Action Staff recommends that the City Council approve the attached Statement of Official Action for the Appeal 18ENT-140, denying the designation of the sycamore tree(s) at 1122 California Avenue as a City Landmark. Executive Summary On May 14, 2019, the City Council held a public hearing to consider Appeal 18ENT-140 of the approval of application 17ENT-211 to designate sycamore tree(s) located at 1122 California as a City Landmark. The Council upheld the appeal, thereby denying the designation. The Statement of Official Action is attached for Council approval (Attachment A). Financial Impacts and Budget Actions There is no immediate financial impact or budget action as a result of the recommended action. Prepared By: Stephanie Reich, Approved Forwarded to Council 2 of 2 Attachments: A. STOA 18ENT-0140 B. Written Comments FINDINGS AND DETERMINATION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA IN THE MATTER OF THE DENIAL OF THE DESIGNATION OF THE SYCAMORE TREE AT 1122 CALIFORNIA AVENUE _____________________________________________________________________ DENIAL OF THE DESIGNATION OF THE SYCAMORE TREE AT 1122 CALIFORNIA AVENUE AS A CITY LANDMARK 17ENT-0211 SECTION I. On October 16, 2017, John C. Smith, on behalf of the Wilshire Montana Neighborhood Coalition (Wilmont), filed application 17ENT -0211 to designate a western sycamore tree located at 1122 California as a City Landmark. The Landmarks Commission, after conducting two public hearings on the application, on Decemb er 11, 2017 and May 14, 2018, and, in consideration of all public testimony, reports and materials introduced into the public record, designated the tree as a City Landmark by a 4-2 vote. On May 24, 2018, the property owners, Iradj and Lesley Shahriary, filed a timely appeal (18ENT-0140) of the Landmarks Commission’s decision to designate the tree . The City Council, on appeal, having held a Public Hearing on August 14, 2019, and in consideration of all public testimony, reports and materials introduced into the public record, hereby upholds the appeal and denies the designation of the sycamore tree at 1122 California Avenue based on the following findings: (1) It exemplifies, symbolizes, or manifests elements of the cultural, social, economic, political, or architectural history of the City. Research did not reveal information in support of this criterion. (2) It has aesthetic or artistic interest or value, or other noteworthy interest or value. The subject tree is not one but two trees, with one wrapping the other, not an uncommon configuration for western sycamore trees . It is a large mature tree which stands out on this portion of California Avenue, as other trees on this side of the street appear to have been more recently planted. However, there are several notable trees on this block, 153 mature and notable trees and 21 native Sycamores within the neighborhood. While this tree may be prominent on its site and an excellent specimen, there are western sycamore trees throughout the City of Santa Monica. Many trees on the block and in the neighborhood are mature and notable, and this tree is not more notable than other trees on the block or in the neighborhood. As there is no particular noteworthy interest or value in the tree at 1122 California Avenue, it does not meet this criterion. (3) It is identified with historic personages or with important events in local, state or national history. It is likely that Joseph C. Gilbert and his wife Bess planted the tree. The property is identified with the Gilberts and later, John Cornish and his wife Corinne. While both families appear to have had successful careers and were involved in local organizations, neither would be considered to be historic personages associated with the history of the City of Santa Monica. The tree has not been identified with any other historic personages or with important events in local, state or national history. Therefore, it does not meet this criterion. (4) It embodies distinguishing architectural characteristics valuable to a study of a period, style, method of construction, or the use of indigenous materials or craftsmanship, or is a unique or rare example of an architectural design, detail, or historical type to such a study. This criterion is not applicable to the designation of a tree as a Landmark. (5) It is a significant or a representative example of the work or product of a notable builder, designer, or architect. This criterion is not applicable to the designation of a tree as a Landmark. (6) It has a unique location, a singular physical characteristic, or is an established and familiar visual feature of a neighborhood, community or the City. As the subject tree appears to have been planted around the time of the development of the site, 1922, the tree is almost 100 years old. While the subject tree may appear prominent, considering the size of existing younger and smaller nearby trees located on the south side of California Avenue, there are several notable trees on this street, across the street, and in the immediate neighborhood. The tree is located in the middle of the block, on a typical street and its location is not unique or exceptional. For these reasons, the tree does not meet this criterion. SECTION II. I hereby certify that the above Findings and Determination accurately reflect the final determination of the City Council of the City of Santa Monica on May 14, 2019 as determined by the following vote: AYES: Councilmembers Jara, McKeown, Mayor Pro Tem O’Day, Mayor Davis NOES: Himmelrich, Morena ABSENT: Winterer Each and all the findings and determinations are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the Project. All summaries of information contained herein or in the findings are based on the substantial evidence in the record. The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact. Respectfully Submitted July 23, 2019 ____________________________________ Gleam Davis, Mayor Attest: ____________________________ Stephanie Reich, Design and Historic Preservation Planner 1 Vernice Hankins From:Ruta Habnek <ruta1@verizon.net> Sent:Monday, July 22, 2019 8:38 PM To:councilmtgitems Subject:Sycamore on 1122 California Ave Dear Council Members: I am writing to you regarding the deed restriction that was to be put into place for the sycamore tree on 1122 California Ave. I urge the Council to see to it that the deed restriction be executed as the owner had agreed to do during the May 14th meeting. Additionally, i urge you to support reconstituting the Urban Forest Task Force and empower it to act as an advisory body to support developmemt and implementation of a private tree ordinance. Sincerely, Ruta Habanek Santa Monica resident Item 3-I 07/23/19 1 of 3 Item 3-I 07/23/19 1 Vernice Hankins From:Debra Narvaez <debnar77@gmail.com> Sent:Monday, July 22, 2019 8:50 PM To:councilmtgitems Subject:1122 California deed restriction Hello Council members, I am a Santa Monica resident and Sycamore tree supporter. I would like to know why the deed  restriction agreed upon at the 5‐14‐19 meeting has not been signed?? Please follow through with the deed restriction!!   Please approve the reconstituted period of 7 years for the Urban Forest Task Force and as important, setting the  advisory board to implement a private tree ordinance ASAP. Thank you Debra Narvez     Sent from my iPhone  Item 3-I 07/23/19 2 of 3 Item 3-I 07/23/19 1 Vernice Hankins From:Tom <tommarinello@hotmail.com> Sent:Tuesday, July 23, 2019 12:50 PM To:councilmtgitems Subject:Sycamore tree at 1122 California Ave Dear Council members,  I urge you to get this deed restriction signed immediately as agreed upon previously and also to act IN THE  PUBLIC INTEREST and approve the 7 year period for the Urban Force Task Force.  This can and should be done immediately.  Thank you  K.Marinello    Sent from Outlook  Item 3-I 07/23/19 3 of 3 Item 3-I 07/23/19 1 Vernice Hankins From:MINDY BEARDSLEY <mindybear27@icloud.com> Sent:Tuesday, July 23, 2019 5:15 PM To:councilmtgitems; Councilmember Kevin McKeown Subject:1122 California Avenue Sycamore Dear Council Members and Mayor Davis,    I urge you to uphold the Landmark Designation (deny the appeal) on the 100 year old Sycamore Tree at 1122 California  Avenue until a private tree ordinance or the agreed upon 2 year deed restriction has been signed by owners.    Sadly, the owners agreed to a 2 year deed restriction and the time frame was supposed to be 2‐3 weeks. It has now  been 8 weeks and there has been no movement on signing.    Additionally, I urge you to support reconstituting the Urban Forest Task Force and empower it to act as an advisory body  to support development and implementation of a private tree ordinance.    Thank you,