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SR-051292-6D 6-/) , Santa Monica, California LUTM:PB:DKW:DB/DBCCMEMO.PCWORD.PLAN Council Mtg: May 12, 1992 MAY ~ -) ~on"1 . I .1 {,.; J.,ji. 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~ ___ ~ MAY ~ -; 'DO'} . . ..l. ~ .....,J_ . 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 - 1 - . , 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 PCjtempstoa DKW:bz - 2 -