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sr-102875-7aSanta Monica, California, October 1'], 1975 TO: Mayor and City Council FROM: City Staff ~" SUBJECT: Review of Planning Commission Approval of Con minium` ~'^J Conversion at 191`] - 11th Street Y A ypgegQ R~~R®r~ ~$$gg~~p~~pe Introduction ~ q ~tqq ~~ This is a staff report on a Review by the City.Cou~~~~ ~i"7a'~ ~'Mts i33 ® sa~~ action by the City Planning Commission approving conver~e~~L~N~~~,~g GI"lY CL~R6C six unit apartment house to a six unit condominium. FOt2 F441tA~: Background In September 1974 the City Council established a moratorium on condominium conversions until a new condominium conversion ordinance based on a Housing Element had been adopted or six months read elapsed whichever came first: By virtue of the six month limi- tation the moratorium expired on March 17, 19']5 while the Housing Element is only now in its final stages of completion. On August 12 the owner of the six unit apartment at 1917 - 11th Street filed a Tentative Tract Map to convert the building to condominium purposes. The .building. meets the minimum requirements of the City's Condo- minium Ordinance in that it is three years old and has 1% parking spaces per unit. On September 22, 1975 .the City Planning Commission by vote of 4 to 1 approved the conversion and on October 9, 1975 Councilman Seymour A. Cohen requested that the decision be reviewed by the City Council. Section 9123 of the Municipal Code regulating the development of condominiums requires that condominium projects be evaluated and processed .pursuant to Section 9148 regulating Conditional Uses which Section provides that any member of the City Council may ask for a Review of a Planning Commission decision within 20 days of the Commission's action and that the Determination of the City Council affirming, reversing or modifying any decision shall be final. In reaching its Determination that the application should be" approved, the Planning Commission cited the following factors: 1. The City presently does not have a moratorium in effect precluding condominium conversions. 2. .The building meets-the minimum required standards - for condominium conversions. 3. The building is well maintained in both appear- ante and repair and the present tenants-are not opposed to the proposed conversion. 4. The conversion would make :available owner-occupied dwellings at or near the $40,000 price level, a range in which few if any such units are now being offered. 5. Construction features and proposed improvements, including automatic carport gates, represent better than average standards for the community. Alternatives In view of the building's recent construction and area limi- tation," the City Council appears to have only two alternatives: to sustain or reverse the Planning Commission's decision. - 2 - Alternative 1. Sustain the Planning Commission decision and " approve the subdivision for, condominium purposes., Pros of this alternative include the provision of six owner- occupied units in a probable price range and area in which the availability of owner-occupied dwellings are at a premium. Such action will also probably result in increased property values and a corresponding rise in tax revenues to the City. The cons of this alternative include the approval. of a condo- minium conversion prior to the City Council's expressed desire to defer further conversions until they had an opportunity to approve new regulations. Another result may be an increase in the cost of housing for either the present occupants or subsequent occupants of the units involved. Alternative 2 includes the reversal of the Planning Commission Determination and the denial of the subdivision application. The pros of this alternative include the retention of the present ban on condominium conversions until such time as the City Council has reviewed and adopted new policies and regulations cover ing such actions. Additionally'housing costs for the present occu- pants and the units involved will probably be retained at a some- what lower level in the near fut~zre than would otherwise be done and those present tenants not wishing or unable ,to participate will not be displaced by the conversion activity. The cons include the potential loss of owner-occupied units which may not be eligible under revised conversion regulations, the resultant loss of potential increases in property values and City - 3 - -revenues and the disruption of plans or decisions which the present occupants may have made based on the expectation; of conversion. Recommendation In light of the Planning Commission's determination that this property represents a-.suitable subject for a condominium conversion;, in spite of the intended moratorium on conversions and the staff recommendation that such action be deferred or denied, it is re- spectfully recommended that the City Council affirm_ the Planning Commission's determination in this-case and take such action as may be necessary to preclude further conversion applications until new regulations have been prepared. Prepared by: James Zunsford Jl,:bt - 4 - SIXTEEN EiG HTY FIVE MAIN STREET SANTA MONICA, CALIFORNIA 90404 Mr. James Lunsford Director of Planning City of Santa Monica 1685 .Main Street Santa Monica, Calif. 80401 Dear Mr. Lunsford: Seymour A, Cohen Councilman October 8, 1975 I note that the City Planning Commission Minutes of September 22, 1975 indicate approval of Tentative Tract No. 28111 allowing the conversion of a six unit apartment building at 1817 - 11th Street, Santa Monica, to a six unit condominium. Under the provisions of Section g148C of the Santa Monica Municipal Code, any member of the City Council upon written notice filed with the Secretary of the Planning Commission within twenty days from the date of Determination' may-require the Commission's decision be reviewed by the City Council. I hereby request that the decision in the matter of Tentative Tract No. 28111 be reviewed by the City Council in accordance with the provisions of this Section. SEYMOT3IZ A. COHEN, Councilman City of Santa Monica cc: City Manager City Attorney RESOLUPION OF THE CITY PLANNING COMMISSION bF THE CITY OF SANTA MONICA APPROVING THE TENTATIVE MAP FOR A SUBDIVISION WHEREAS a Tentative Map for a subdivision of Lot 378, Towner Terrace Tract, having been filed on August 13, 1975_. by Christopher J. Bourke, owner and subdivider, and, WHEREAS the Tentative Subdivision Map, identified as Tract No. 28111, effects property .located in the corporate boundaries of the City of Santa Monica, and, WHEREAS the City Planning Commission of the .City of Santa Monica has held a Public Hearing on such application for subdiv- ision on September 15, 1975, and, WHEREAS the City Pla-ning Commission finds that the proposed subdivision is in conformance with Chapters 1 and 3, Article. IX of the Santa Monica Municipal Code relating to subdivisions, and in conformance with the General Plan, NOW, THEREFORE, THE CITY PLANNING COMMISSION DOES RESOLVE AS FOLLOWS: SECTION 1. That the City Planning Commission of the City of Santa Monica does hereby approve the Tentative Subdivision Map No. 28111 subject to any corrections required by the City Engineer. SECTION 2. That the Secretary shall certify to the adoption of this resolution and henceforth and thereafter the Resolution shall be in full force and effect. ADOPTED and APPROVED this 22nd day of September, 1975 DONALD G. MALCOLM, Chairman City Planning Commission City of Santa Monica ATTF.CT Regular Meeting of the City Planning Commission 9-22-75 Page 2. C. TENTATIVE TRACT NO. 28111, 1917.- 11th Street Public Hearing was called in the matter of a request for approval of Subdivision Tract No. 28111, involving the conversion of a six unit apartment building to a six unit condominium. Following a Staff report, the Public Hearing was declared open. The following persons spoke in favor of approval: Christopher Bourke, Applicant There being no one else present wishing to speak on the matter, the Public Hearing was closed: - Following a discussion by the Commission, Commissioner Malcolm moved to approve the Tract with the provision that the cohstraints' as to the treatment of the tenants as stated in findings of the- Planning Director be included as a condition bf approval. The motion was seconded by Commissioner Schneider and carried by the following vote: AYES: Commissioners Hotchkiss, Katz, Schneider, Malcolm NOES: Commissioner Lonsinger ABSENT: Commissioi~er_s Gould, Roper ADDED IPEM: In the discussion of Item Sc, the Commissioners expressed a feeling that further attempts at condominium coriver_sions should - be eliminated until the Housing Element is adopted and the effects of nonversi_ons on housing and economies is known., Commissioner- Ratz moved to reconunend to the City Council a moratorium on condo- minium conversions until the Housing Element is adopted. The . motion was amended at the request of Commissioner Lonsinger to,' reconnnend a six months moratorium. The motiori was seconded by Cornmiss.i_oner Schneider and carried by the following vote: AYES: Commissioners Hotchkiss, Katz, Lonsinger,. Schneider, Malcolm NOES:- None ABSENT: Commissioners Gould, Roper Sd. CONDITIONAL USE PERMIT, Z. A. CASE 237 U.P. Kramer Motors Public Hearing was called in the matter of a request by Kramer Motors for a Conditional Use Permit to extend a commercial use for automobile service into an adjoining R2A District. Following a Staff report,, the Public Hearing was declared open. The following persons spoke in favor of the application: Robert Kramer, Kramer Motors There being no one else present wishing to speak either in favor or opposition on the matter, the Public Hearing was closed. Following a discussion. by the Commission, it was unanimously agreed to put over the request to the October 20 meeting because of the lack of definitive information. The applicant was requested to have floor plans, detailed landscaping plans and elevations available for review. OLD BUSINESS: None NEW BUSINESS: None CO1dP;U?VICATIONS e~" - CITY PLANNING DEPARTMENT CITY OF SANTA. MONICA M E M O R A N D U M DATE: September 18,.,1975 T0: The I3onorable Planning Commission FROM: The Director of Planning SUBJF'CT: Proposed Condominium Conversion, Tract 191'] - 11th Street, 6 Units. Christopher Bourke, owner of the building at 191'] - 11th Street, has filed Map for the conversion of the apartment to No. 28111, 6 unit apartment Tentative Tract condominiums. Completed in September 1972 and providing 9 parking spaces for 6 units, the building meets the minimum requirements for conversion in that it is three years old and has 1%z parking spaces per unit. The building is in good condition and we11 maintained. All units are two bedroom and 2 baths with the exception of an owner's unit of 2 bedrooms, a family room, a den and 3%z baths. In September of 19']4 the City Council placed a mora- torium in effect on all condominium conversions for a period of six months or the adoption of a new condominium conversion ordinance based on the City's Housing Element. Unfortunately, completion of the Housing Element has not been accomplished as early as anticipated and although the moratorium has technically expired, a new condominium conversion ordinance has not been pre- pared. Inasmuch as the moratorium is not in effect the applicant has the legal right to seek approval for a condominium conversion under the existing Ordinance and consequently has filed a Tentative Tract Map for this purpose. The applicant was advised that the Planning Staff did nod belies the application was appropriate or would be favorably re- ceived because the intent of the City Council was clearly to defer all further conversions until they had adopted a more ac- ceptable conversion ordinance. Recommendation In view of the fact -that the proposed structure meets the minimum requirements for conversion and the applicant has elected to pursue the matter at this time rather than wait for adoption of a new condominimum ordinance, it is respectfully recommended that the application be denied on the basis that the granting of a condominium conversion constitutes a discretionary ' act effecting the availability of housing in the community and that the absence of an adopted Housing Element impairs the capa- bility of the Planning Commission to properly make a decision based upon adequate information as to need and economic copse- quences. As an alternative, it is suggested that the matter be - put over, with the consent of the applicant, until a new convey- sion ordinance has been adopted or such other action as may be forthcoming. Unless such consent is granted by the applicant, the application should be denied. Respectfully submitted, .w L James Lunsf r Director of arming JL:bt - 2 - CITY PLANNING DEPAR'IMII~T CITY OF SANTA MONICA ' AGENDA ITEM 5C TJM EVALUATION ANALYSIS TENTATIVE TRACT NO: 28111 FOR: Christopher Bourke Santa Monica ADDRESS: 1917 - 11th Street LOT SIZE: 50' x 150' LOI' AREA: 7500 Square Feet MAXIMUM UNITS PERMITTED: 6 Il7P AREA PER UNIT: 1333.3 Square Feet I,OT COVERAGE: 63°s DISTRICT: R2 ADJACENT DISTRICT: R2 PLUS z ALLEY: -8000 Square Feet UNITS PROPOSED: 6 Unit Conversion D~VSITY: 32.67 DU/ACRE TAT TYPE: Interior YARDS: Front: 20' Rear: 15' from centerline of rear alley Right Side: 5' Left Side: 5' HULLOING FIGHT: 2 stories over subterranean garage - 22' total HEIGHT OF SUBTERRANEAN GARAGE: Varies (Hillside) UNIT DESCRIPTION: Owner's - 2 bedrooms, Family room, Den, 32 baths 2400 square feet #2 2 bedrooms, 2 baths 1050 square feet #3 2 bedrooms, 2 baths 1120 square feet #4 2 bedrooms, 2 baths 1070 square feet #5 2 bedrooms, 2 baths 1250 square feet #6 2 bedrooms, 2 baths 1080 square feet PARKING: 2 spaces in front subterranean garage .for owner's unit; 7 spaces (2 tandem) in rear carport off alley. GENERAL SPECIFICATIONS: Please refer to attached "check list" CC&Rs: Please refer to attached "Resume. ENVIRONMENTAL IMPACT ASSESSMENT: Exempt from CEQA EXISTING USE OF PROPERTY: 6 unit apartment building TREES OR LANDSCAPING TO BE REMOVED: None STAFF RECOMMENDATION: Date: B W. FORD JWL/js Directo of Planning MR. Cl-iRISTOPHER J. BOURKE, t9t7 11TH STREET, #1 SANTA MONICA CA 90401 AUGUST 12TH, 1975 DEAR MR, OBERBECK, 6 UNET APT. BU@CDING; t9t7 tt.TH STREET LOT 378, TOWNER TERRACE 1 APPLY TO HAVE THE ABOVE APARTMENT BUILDING CONVERTED INTO A 6 UNIT CONDOMINIUM® ENCLOSED, HEREWITH, IS A CHECK FOR $60 TOGETHER WIdH A TRACT MAP, ARCHITECTURAL PLANS AND CONDOMENIUM LAYOUTS THE BUILDING MAINTENANCE, INSURANCE, OUTSIDE LIGHTING, ACCESS AREAS, LAUNDRY ROOM, GAS AND WATER USAGE WILL BE PROF~SS[ONALLY ORGANISED UNDER A HOMEOWNERS ASSOCIATION. IF THE CONVERSION IS APPROVED, MY WIFE AND 1 INTEND TO ENCLOSE THE CARPORT WITH AUTOMATIC OPEN AND CLOSE .GATES, YOURS FAITHFULLY, CHRISTOPHER J. BOURKE (OW NERD CITY OF SANTA MONICA, DEPARTMENT OF CITY PLANNING, ROOM 202, 1685 MAIN STREET, SANTA MONICA SCALE I"• 40' - SjiEET i OF I SHEET • TENTATIVE MAP . .~ ~~~ ' IN THE CITY OF SANTA MONICA " STATE OF CALIFORNIA I~ FOR CONDOMINIUM PURPOSES '. BEING A SUBDIVISION OF LOT 378, 70WNER TERRACE, PER MAP _ RECORDED IN BOOK 8, PAGE 25, OF MAPS, RECORDS OF LOS - ANGELES COUNTY. ~~ I " ~ -` AUGUST II, 1975 ".. ': --, ... '~~. ... O INNER ... ~ NOTE-- C.h'/2/STOPHER ®oURKE TN/J % RO/ECT CoN3/STS Of THE PROPOSED /9/> E[E/ENTN 9TR EET APT / foH/EA3/ON, TO Go NdO M/N/e/M OF AN SANTA MON/CA, CAL/PORN/A 9040¢ EX/ST/N4 2' S/ORT, 6-UN/T APq RTMENT ' TEL ~2/3) ,395-9457 _ ,9u/LO/NG, D/ER 9 PARK/NG SPACES, - LOGATEO /N THE R-C ZONE AT /9/> ' EGE /ENTN .STREET, JANTy MON/LAS "'ENG/NEER^ fAL/FORK/A. ROBERT Yl! (NOOOBC/RY ~R.GE, 65BSJ - i 6d0 N/GNTREE ROAD SANTA MON/cA fAL/PORN/q 90402 TEL. ~ ~Z/gJ 4S6 - 5650 _ _ - Ili .tu .. o _ Fi'>` o ~_ "ti THl'ELFTH STREET - - ~_ ~ -.. -. m - - .. - - -. - " v 1 _~ I ~~ ~- of , o' Q, a~ 2~ y d~ v o 2 _~ ~ _ .*3V ~ &~e ne ti ~ ~~ o ° 0' 6 O' ' vk4 3 JO 5 ~ r .. -0 ~ o- _ @ _ E~EVE~vrH srR~Er - - ® _- 0 a ~ • 1 _ 0 Q ~2O N ~;~ tto W !h ~or7 y~~a `~ 3°'wW ~ 4Vq h \~p` t Z Zo\~ SO.OO ~ /d CA SIS:cam Santa Monica, California October 28, 1975 T0: Mayor and City Council FROM: City Attorney SUBJECT: Request by Seymour A. Cohen for Review of Planning Commission Approval or Tentative Tract No. 28111; Council Agenda Item No. 10A3, October 28, 1975 INTRODUCTION This report discusses available grounds to disapprove the above referenced tract map.. BACKGROUND Denial can be based upon the discretionary deter- urination that the affect of the conversion's overall impact on "schools, parks, utilities, neighborhoods, streets, traffic, parking and other community facilties and re- sources" is adverse from the point of view of "sound community planning, the economic, ecological, cultural and aesthetic qualities of the community, and on public health, safety, and general welfare." (Section 9123A1 S.M. M.C.) Specifically, §9123B presently requires two parking spaces per unit for a condominium. This structure provides only 1-1/2 spaces per unit. This lack may have an adverse effect upon the neighborhood, streets, traffic and parking, sound community planning may require adequate parking to affect a "home-like" atmosphere for condominium owners, to keep vehicles off the street and to prevent possible future manipulation of garage area parking space by the proposed homeowner`s association in contravention of ~9123B1, ALTERNATIVE SOLUTIONS Not applicable. RECOMMENDATION It is respectfully recommended that if denial of tract #28111 is desired, it be implemented through the above process.