SR-112382-9Ar
NOV 2///// 311111 9992
CA: RMPfl: JSF3: v
City Council P4eeting 11-23-32
Santa Monica, California
STAFF REPORT
TO: Mayor and City Council
FROM: City Attorney
SUBJECT: Hazon v. City of Santa Monica, Plo. C 374 185,
Final Tract L1ap Plum er T- 37305, six-unit
condominium, 1434 19th Street
On September 22, 1982, the Court of Appeal affirmed the
trial court order requiring the City to appprove Final Tract Map
Plumber T-37305. The issue was whether a condition of the
tentative map "that construction shall be in substantial
accordance with the plans submitted" created an obligation to
complete construction prior to approval of a final rnap. The
Court of Appeal concluded that any ambiguity in the language of
the condition must be resolved against the City.
The final map has now been approved by the County and City
Engineers, and the tax clearance has been paid,
NeV 2 ~rri:
RECOt1MENDAT IO21
It is respectfully recommended that the City Council
approve Final Tract Clap Number ~-37305 by adopting the standard
resolution.
PREPARED BY; Robert P9. P4yers, City Attorney
Jonathan S, Horne, Deputy City Attorney
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i
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DISTRIBUTION OF RESOLUTION # ~ $ °/~ ORDINANCE #
Council Meeting Date j/_~.3 -~ ~ Introduced:
Agenda Item # ~/ - ~ Adopted:
Was it amended? ~~ * ALWAYS PL~LISH F.DOPTID ORDINANCES
VOTE: Affirmative: ~' i ~, 2 ~ .~- ~x
Negative:
Abstain-: ,may ~-a-
Absent:
DISTRIBUTION:
ORIGINAL to be signed, sealed and filed in Vault.
NET~4SPAPER PUBLICATION (Date:
Department originating staff report
City Attorney (tease with their codes)
Agency mentioned in document or staff report
certified?
Subject file (agenda packet)
Counter file
Others:
Airport
Auditoium
Building Dept.
Environ. Serv.
Finance
Fire `_
General Serv.
Library
Manager
Parking Auth.
Personnel
Planning
Police (en-
forcement?)
Purchasing
Recr/Parks
Transportation
Treasurer
SEND FO(7R COPIES OF ALL ORDLNAN.CES~ 'FOB
CODED SYSTEMS, Attn eter sac eari_e
PROFESSIONAL CENTER, RClUTE 71
BRIELLE, NEW JERSEY 08-730
SEND FOUR COPIES OF ar.r. oRnTN u F.a Tp;
PRESIDING JUDGE
SANTA MONIGA MUNICIPAL COURT
1725 MAIN STREET
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SANTA MONICA, CA 90401 TOTAL COPIES
RESOLUTION N0. 6592 (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA MONICA ACCEPTING
AND APPROVING SUBDIVISION MAP OF
TRACT N0, 37305
THE CITY COUNCIL OF THE CITY OF SANTA MONTCA DOES.
RESOLVE. AS FOLLOWS:
SECTION 1, That the Map of Tract No. 37305 in
the City of Santa Monica be and the same hereby accepted
and approved,
SECTION 2. That the City Clerk hereby is author-
ized and directed to endorse upon the face of said Map this
order authenticated by the Seal of the City of Santa Monica.
SECTION 3, That the City Clerk shall certify to the
adoption of this resolution and thenceforth and thereafter
the same shall be in full force and effect.
APPROVED AS TO FORM:
~ ~~~~ lye- ~
ROBERT M,' MYERS ~__
City Attorney ~l
A-0OPTED ANO APPROVED THIS 23rd
OF November 1982,
DAY
I HEREBY CERTIFY THAT THE FOREGOING RESOLUTION
N0. 6592(CCS),~,yAS DULY ADOPTED- B`! THE CITY COUNCIL OF THE
CITY OF SANTA MONICA A.T A i4EETING THEREOF HELD ON
November 23 1982 BY THE FOLLO~dING COUNCIL VOTE:
A`!ES: COUNCIIMEMBERS: Conn, Edwards, Jennings, Reed, Zane
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN• COUNCILMcMBERS: press and rgayor Yannatta Goldway
ATTEST:
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CITY CLERK