SR-6-D (60)
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LUTM:PB:DKW:SW/T1B3MEM.PCWORD.PLAN Santa Monica,
. . Council Mtg: August 11, 1992
TO: Mayor and City council
FROM: City Staff
SUBJECT: certification of statement of Official Action for
Appeal of Tenant-Participating Conversion 183 and
Vesting Tentative Tract Map No. 50638, 2110 4th street
INTRODUCTION
This report transmits for City council certification the
statement of Official Action for the appeal of the above listed
Tenant-Participating conversion. on June 30, 1992, the City
Council upheld the appeal and denied the proposal to convert a
27-unit apartment building to condominiums.
BUDGET/FINANCIAL IMPACT
This recommendation will have no budget or financial impact.
RECOMMENDATION
It is respectfully recommended that the City council approve the
attached statement of Official Action which contains findinqs for
upholding the appeal to deny Tenant-participating Conversion 183.
...
Prepared by: Paul Berlant, Director of Land Use and
Transportation Management
Drummond Buckley, Assistant Planner
Attachment: A. statement of Official Action dated 6/30/92.
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SE? 8 1992
AUG t 1 1992
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~ STATEMENT OF OFFICIAL ACTION
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/ ,cJ1fO TPC 183, VTTM 50638
NUMBER:
LOCATION: 2110 4TH Street
APPLICANT: HR Capital-Rossmore
APPELLANT: D. Longstreet, L. Auker, M. Hale,
L. Gale, L. privo
CASE PLANNER: Drummond Buckley, Assistant Planner
REQUEST: Appeal of Planning Commission
Approval of Tenant Participating
conversion, Vesting Tentative Tract
Map
CITY COUNCIL ACTION
6/30/92 Date.
X Appeal upheld based on the following findings.
Appeal denied.
Other.
EFFECTIVE DATE(S) OF ACTION(S) :
FINDINGS
l. Article XX, section 2004(a) of the city Charter of the City
of Santa Monica provides that a Tenant-Partic~pating Conversion
Appl~cation (hereinafter "App11cation"), together with any
required tentative subdivision map or tentative parcel ~ap, shall
be den1ed if the Tenant-Part1cipat1ng Conversion Application
fa11s to meet any of the requirement of this Article, or was the
result of fraud, misrepresentation, or threat or similar
coercion.
2. This Tenant-participating Conversion Application fails to
meet the requ1rement of Art1cle XX, Section 2004(a) o-f the City
., ChartE!r of the City of Santa Monica, in that it is signed by
~coslgning tenants occupying less than two-thirds of all the
residential units 1n the building; in that it attached Statements
~of Tenant Intent to Purchase, signed by Intending to Purchase
Teiants~ccuPYing less than fifty percent of the total number of
~e ident ~l un1ts in the bu~ld1ng; and in that at least one
~~~>was obtained by fraud or m~srepresentation.
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3. section 2002(f) requires that the Application is signed by
cos~gning tenants occupying not less than two-thirds of all the
residential units in the building. Section 2DD1(n) defines
"tenant" as: "Any person who ~s an authorized tenant of an owner
of a residential rental bu~ld~ng for which a Tenant-Participating
Conversion Application is being processed." Sect~on 2DD1(b)
defines "cosigning tenant" as: "Any tenant agreeing to the
conversion by his or her signature on the Tenant-Participating
Conversion Application who has personally occupied his or her
unit continuously for a period of at least six (6) months prior
to the date he or she signs the Tenant-Participating Conversion
Application. II
4. The Application contained the signatures of persons occupying
19 of the 27 residential units. However, the signatures of the
persons signing for Units 12 and 16 do not qualify as cosigning
tenants.
5. The signator for Un1t 12, Gary Murakami, is not listed as the
tenant on the Rental Agreement subm~tted by applicant. Nor is he
11sted on the 1992 Rent Checklist submitted by applicant.
Sabrina Kriegs is listed as the tenant on the Rental Agreement
and Rent Checklist. KRIEGS testified at the June 16, 1992 city
Council meeting that she was away from her unit in Europe from
one year from November 26, 1990 to November 1991; that MURAKAMI
moved into her unit within one week of her departure in November
1990i that she continued to pay the rent to the building owners
durlng her absence and that MURAKAMI paid rent to KRIEGS. The
declaration submitted by MURAKAMI states that he occupied the
unit for one year. MURAKAMI does not meet the criteria for
IIcos1gning tenant" as he is not an author:ued tenant of the
owner, but rather a subtenant of KRIEGS. MURAKAMI's signature
cannot be counted as a slgnature of a cosigning tenant.
6. The signature of KRIEGS agreeing to the conversion was dated
January 22, 1992, and was submitted after the Application was
deemed complete September 18, 1991. KRIEGS' signature is not
valid, as the signatures of the cosigning tenants agreeing to
conversion must be submitted with the Application. Even had
KRIEGS signed before the time of Application submittal, september
1991, she would not have qualifled as a cosigning tenant, based
upon her testimony that she was out of the country between
November 1990 and November 1991. Thus, she did not personally
occupy unit 12 continuously for six months prior to the date the
Application was submltted.
7. The signator for Unit 16, John Ellis, is not listed as the
tenant on the Rental Agreement submitted by applicant. Eric
Anderson is listed as the tenant. ELLIS testified at the June
30, 1992 City Council meeting that he sublets the apartment from
ANDERSON; that ANDERSON retained the actual contractual
relationship with the building owners; that at the time of
signing the Tenant Participating ConverS1on Application, the rent
was pald to the building owners by checks drawn on ANDERSON's
account, not ELLIS' account; that when he was given the
Application and Intent to Purchase forms to sign, he was told it
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was a formality so that ANDERSON could get necessary paperwork;
and was told that it was necessary to sign the documents to
receive the paperwork. ELLIS does not meet the criteria for
"cosigning tenant" as he is not an authorized tenant of the
owner, but rather a subtenant of ANDERSON. ELLIS' signature
cannot be counted as a signature of a cosign1ng tenant.
8. Without the signatures of MURAKAMI or ELLIS, the Application
contains signatures of cosigning tenants occupying 17 of 27
units. The Application thus 15 signed by cosigning tenants
occupying less than two-thirds of all the resident1al units 1n
the building, and fa11s to meet the requirements of Section
2002(f).
9. In addition, based upon the testimony of ELLIS regarding the
characterization of the documents presented to him for signature
described in Paragraph 7 above, the Application is the result of
fraud or misrepresentation, and thus must be denied pursuant to
section 2004(a).
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10. section 2002(j) requires that the Application has attached
statements of Tenant Intent to Purchase, signed by Intending to
Purchase Tenants occupying not less than fifty percent of the
total number of residential units in the building. section
2002(d) deflnes UIntend1ng to Purchase Tenant" as: "Any tenant
who has personally occupied his or her unit in the building
continuously for a period of at least six months immediately
preceding the date the tenant signs a Tenant Intent to Purchase."
11. The Application attached Tenant Intent to Purchase forms
signed by persons occupying 14 of the 27 residential units.
However, the signatures of the persons signing for Units 12 and
16 do not qualify as Intendlng to Purchase Tenants.
12. The Tenant Intent to Purchase form for unit 12 is signed by
MURAKAMI. For the reasons set forth in Paragraph 5 above,
MURAKAMI is not a tenant, but a subtenant of KRIEGS. MURAKAMI
thus does not qualify as an Intending to Purchase Tenant. The
Tenant Intent to Purchase form signed by MURAKAMI cannot be
counted as a Tenant Intent to Purchase form signed by an ~
Intending to Purchase Tenant.
13. The Tenant Intent to Purchase form signed by KRIEGS was
submitted after the application was deemed complete September 18,
1991, and was dated January 22, 1992. This form is not valid, as
the Tenant Intent to Purchase form signed by Intending to
Purchase Tenants must be submitted with the Application. Even
had the form been signed by KRIEGS before the time of Application
submittal, September 1991, she would not have qualified as an
Intending to Purchase Tenant based upon her testimony that she
was out of the country between November 1990 and November 1991.
Thus, she did not personally occupy unit 12 continuously for a
period of at least six months immediately preceding the date the
Tenant Intent to Purchase form is signed.
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· 14. The Tenant Intent to Purchase form for unit 16 1S signed by
ELLIS. For the reasons set forth In Paragraph 7 above, ELLIS is
not a tenant, but a subtenant of ANDERSON. ELLIS thus does not
qualify as an Intending to Purchase Tenant. The Tenant Intent to
Purchase form signed by ELLIS cannot be counted as a Tenant
Intent to Purchase form signed by an Intend2ng to Purchase
Tenant.
15. Without the Tenant Intent to Purchase forms signed by
MURAKAMI and ELLIS, the Application attaches Tenant Intent to
Purchase forms signed by Intending to Purchase Tenants occupying
12 of 27 units. The Appl1cation thus attaches Tenant Intent to
Purchase forms signed by Intending to Purchase Tenants occupying
less than fifty percent of all the residentlal units in the
building, and fails to meet the requirements of section 2002(j).
16. Substantial questions were raised about the eligibility of
other signatures. However, in light of the above findings, no
determlnation 15 requlred with respect to other units.
VOTE ON THE MOTION TO UPHOLD THE APPEAL:
Ayes: Abdo, Genser, Holbrook, Katz, Olsen, Vazquez, Zane
Nays:
Abstain:
Absent:
NOTICE:
If this is a final decision not subject to further appeal under
the City of Santa Monica Comprehensive Land Use and Zoning
Ordinance, the time within which judicial review of this decision
must be sought 1S governed by Code of civil Procedure Section
1094.6, which prov1sion has been adopted by the City pursuant to
Municipal Code Section 1400.
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I hereby certify that this statement of Official Action,
accurately reflects the final determination of the City Council
of the City of Santa Monica.
Clarice Dykhouse Date
CITY CLERK
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