SR-051292-6D
6-/)
, Santa Monica, California
LUTM:PB:DKW:DB/DBCCMEMO.PCWORD.PLAN
Council Mtg: May 12, 1992 MAY ~ -) ~on"1
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TO: Mayor and city Council
FROM: city Staff
SUBJECT: certification of Statement of Official Action for
Appeal of Tenant-participating Conversion 190,
Tentative Tract Map 50953, 1133 15th Street.
INTRODUCTION
This report transmits for city Council certification the
statement of Official Action for the appeal of the above listed
Tenant-participating Conversion to allow the conversion of a
6-unit apartment building to condominiums. The appeal was made
by the applicant after the project failed to gain four votes in
its favor (and was therefore denied) by the Planning Commission.
On April 14, 1992, the Council denied the appeal without
prejudice based on the findings contained in the attached
statement of Official Action.
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 findings for
denial without prejudice of Tenant-Participating Conversion 190
and Tentative Tract Map 50953.
Prepared by: Paul Berlant, Director of Land Use and
Transportation Management
Drummond Buckley, Assistant Planner
Attachment: A. statement of Official Action dated 04/l4/92~ ___ ~
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STATEMENT OF OFFICIAL ACTION
PROJECT
NUMBER: TPC 190, TTM 50953
LOCATION: 1133 15th street
APPLICANT: Valery Vekshtein
APPELLANT: Valery Vekshtein
CASE PLANNER: Drummond Buckley, Assistant Planner
REQUEST: Appeal of Planning Commission Denial
PLANNING COMMISSION ACTION
4/14/92 Date.
Approved based on the following findings and
subject to the conditions below.
X Denial of project without prejudice.
other.
EFFECTIVE DATE(S) OF ACTION(S):
4/14/92 TPC 190
4/14/92 TTM 50953
FINDINGS
1. Article XX, section 2004(a) of the city Charter of the city
of Santa Monica provides that a Tenant-participating Conversion
Application, along with any required tentative subdivision map or
tentative parcel map, shall be denied if the Tenant-Participating
Conversion Application fails to meet any of the requirements of
this Article; was the result of fraud, misrepresentation, threat
or similar coercion; or fails to meet any mandatory requirement
of the Subdivision Map Act of the State of California.
2. This Tenant-Participating Conversion does not meet the re-
quirements of Article XX of the City Charter along with all man-
datory requirements of the state of California, in that the ap-
plication contains an intentional misrepresentation that appli-
cants Vekshtein, Savarovsky, and Finaman were residents of units
1, 3, and 5 for 48 months at the time the application was pre-
pared. A letter from the applicant's attorney indicates that
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those units were in fact occupied by Max Difray, Avi Dadoun and
Phil Zukof 48 months prior to the preparation of the application.
3. A witness for the applicants stated during the public hearing
that she had misread the applicant's writing and that the appli-
cants were residents of the units for 40 months. Despite the
witness's statements, the letter from the applicant's attorney
reveals that the applicants were not residents for either the 48
month period reflected in the application or the 40 months which
allegedly should have been stated in the application.
VOTE ON A MOTION TO DENY WITHOUT PREJUDICE:
Ayes: Genser, Olsen, Vasquez, Zane
Nays: Abdo, Holbrook, Katz
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 Or-
dinance, the time within which judicial review of this decision
must be sought is governed by Code of Civil Procedure section
1094.6, which provision has been adopted by the City pursuant to
Municipal Code Section 1400.
I hereby certify that this statement of Official Action accurate-
ly reflects the final determination of the City council of the
city of Santa Monica.
signature date
Ken Genser, Mayor
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