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SR-10-27-1981-11J1 ~~ OCi 2 7 t98t Santa Monica, California,. October 27, 1981 TO: Mayor and City Council FROM: City Staff SUBJECT: Appeal, Tentative Tract Map No. 42087, 19-Unit Commercial Condominium Conversion, 2120 Wilshire Blvd,., C4, F. Noble.. Introduction This report transmits an appeal from the Planning CommissionPs failure to take action on an applioation for a Tentative Tract. Map. Appeal is by Mayor Ruth Yannatta Goldway. Background Application for the Tentative Map in this case was filed prior to the moratorium enacted April 22, 1981 and first appeared before the Planning Commission on A9ay 4, 1981 at which. time the Commission took no action an ito At the time of filing a written waiver was obtained allowing the. Planning Commission six months to act on the Map. On October 5, 1981 the Map was again placed before the Conunission because the six month period was running out and, if not acted upon, the Map would be deemed approved under the State Map Act. The Commission again took no action and on October 6, 7:981 the matter was appealed by Mayor Goldwayo Recommendation Under the provisions of Ordinance 1220, the approval of a Tentative Tract Map is prohibited and it is respectfully recommended i:hat the application be denied. Prepared by: James Lansford ~~~ JL:lk OC7 2 7 1981 0 DSr. James Lansford, Secretary City Planning Commission City of Santa Monica, California Dear Pdr. Lansford: ®ctober 6, 1981 2n accordance c~rith the provisions of Section 9122C and 9148C of Chapter 1, Article 2X of the Santa Monica Municiapl Code and with the provisions of Section 66452.5(d~ of the State Map Act, 2 appeal the Planning Commission"s October 5, 1981, decision to table and thus take no action on the fo17.oF-wing: Tentative Tract No. 41814, 5-unit new condominium, 1510 Princeton Street, R2, Ro Plurphy. Tentative Parcel No. 14444, 4-unit condominium conversion, 631 California Avenue, R3, M. Daley. and its decision to take no action on: Tentative Tract No. 42087, 19-unit condominium office conversion, 2120 Wilshire Boulevard, C4, F. Noble. ~i ~ 7C. CITY PLANNING DEPARTMENT CITY OF SANTA MONICA M E M O R A t~ D U M DATE: October 5, 1981 TO: Honorable Planning Commission FROM:. Director of Planning SUBJECT: Tentative Tract No~ 42087, 19-TJnit Commercial Condominium Conversion, 2120 Wilshire Boulevard, C4, F., Noble. This is an application for conversion of a 19-unit office ' .building on which no action was taken at the May 4, 1981 meeting. As the applicant had executed a written waiver allowing the Commission 180 days to act on the tentative map it will be deemed approved on October 14, 1981 unless acted upon before that dateW Under Section 2(b} of the Interim Permit Procedures Ordinance in effect October 1, 1981, a tentative tract or parcel map for which application has been made cannot be approvede RECOP'IMENDATION. It is respectfully recommended that Tentative Tract Map No. 42087 be denied in accordance with the requirements of Ordinance No. 1220„ Re ectfully submitted, mes Luns o d irector of Planning JL:nh Planning Commission Minutes 6. PUBLIC HEARIiJGS: Plone. 7. OLD BUSINESS: A. Tentative Parcel No. 14444 i I_ 2- October 5, 1981 The staff report stated that this application 'for a four-unit condominium con- version at 531 California Avenue by Margaret Daley had been before the Commission for tentative approval May 4, 1981 when the applicant executed a written araiver allowing the Commission 180 days to act on khe tentative map. The Commissioners consulted with the City Attorney Stark on alternative means to deal with the matter under Interim Permit Procedures Ordinance No. 1220. Following discussion, attorney for the applicant, Gordon Russell, addressed the Commission as did Mrs. Daley, both responding to questions. Commissioner Choke stated she felt that the Commission did not have adequate information on ne~v requirements: She moved to adjourn to a study session with legal counsel and continue the matter to I~Jedsneday night when they could act on the matter. Co~~urrissioner McKee seconded the motion and further consideration anal discussion fol~lbwed. Commissioner Hotchkiss made a substitute motion to ta61e the matter and Chairman Katz seconded it. Commissioner Shearer offered to move the recommendation of the staff report but Commissioner Hotchkiss noted that a motion to table is not debatable; adding he felt tabling t~ras a clearer act than abstaining from voting. Thereafter the motion to table carried as follows: AYEo Choke, Hotchkiss, McKee, Kleffel, Katz PJAY: Shearer ABSENT: Sullivan. B. Tentative Tract Nb, 41814 Staff member Kenyon Webster read the staff report which concerned a new'five- unit condominium at 1510 Princeton Street proposed by Robert Murphy and Bud Richard- son. Mr. Richardson was present and responded to questibne, noting Mr. Murphy lived in .the old single-family dNrehling the partners had owned from early 1979. The pro= had been before the Commission for tentative approval May 4, 1981 and had been held over on a 180 day waiver. It uvas noted that one of the partners lined an the pro- perty in the old single_family home there, Following discussion, Commissioner Hotchkiss moved to table the matter Seconded by Chairman Katz, the motion carried by a vote identical to that immediately above. C. Tentative Tract ido. 42087 , i4r. Webster's staff report noted an application for conversion of a nineteen unit office building to condominiums at 2120 !=iilshire Boulevard presented by Frederid: Noble before the Commission i+lay 4, 1981. A 180-.day waiver had been executed 6y the applicant. .Chairman Katz and Commissioner tlcKee noted they had not been present at that meeting, A motion was made by Commissioner Shearer and seconded by Commissioner Cloke to deny the tentative map in accordance vaith requirements cf Ordinance 1220. The vote was as follows, and did no receive a quorumo AYEa. Choke, McKee, Shearer ABSTAIN: Hotchkiss, Kleffel, Katz ABSENTo Sullivan Thereafter, Commissioner Hotchkiss moved that the Commission recommend that the Council review this case an its of=dn mei^its. Seconded 6y Commissioner hlci<ee, the motion carried as noted AY F: P.1nkP~ Fiotrhkist. Mr.Kae~ Kleffel. Katz. ~'~ /-~- _~/ ~f- LAW OFFICES OF WILLIAM A. KERR A PROFESSIONAL CORPORATION 2120 WILSHIRE BOVLEVARD WILLIAM A.KERR FOURTH FLOOR PETER A. VMOFF SANTA MONICA. CALIFORNIA 90403-5799 JOEY P. MOORE (213 453-5473 November 3, 1981 The honorable City Council CITY OF SAIQTA MONICA 1685 Main Street Santa Monica, California 90401 Re: Tentative Tract Map No. 42087, 19-Unit Commercial Condominium Cohversioh,'2120 Wilshire Boulevard,' C4 To The honorable City Council: The Applicant under the above-referenced tentative tract map number desires hereby to make and preserve a record by lodging the following protests and/or objections in and to the within matter: 1. Pursuant to the applicable terms of the Subdi- vision I~Iap Act, .Government Code Section 6.6410, et seq., .and the Consent to an Extension of Time to Act Upon Tentative Tract Map, .the Planning Commission of the City of Santa Monica was required to act on such rnap on or before October 14,.1981. At its hearing, dated October 5, 1981, .the Planning Commission refused and/or failed to act on such matter and in fact expressly tabled such matter.. By reason of the provisions of Government Code Section 66452.1, the within tentative tract map number 420"D7 must be and is deemed approved, .and the City Clerk of the City of Santa Monica is hereby requested to approve such map; 2. The consent to an extension of time to act upon tentative tract map was and is a routine waiver requested of all applicants, and was not obtained by the City. solely for the purpose of permitting concurrent processing of related approvals or an environmental review of the subject project; 3. Ordinances numbers 1208 and 1220 breach and violate the Consent to an Extension of Time to Act Upon Tenta- tive Tract D4ap, entered into by and between the City of Santa Monica and the Applicant on April 14, 1981; The honorable City Council CITY OF SAPdTA MONICA November 3, 1981 Page 2 4. Ordinances numbers 1208 and 1220 violate Article 1, Section 1, and Article 1, Section 19, of the .California Consti- tution; 5. Ordinances numbers 1208 and 1220 are subject to and in violation of the Subdivision Map Act, Government Code Section 66410, et seq., as they relate to the conversion of commercial building into a commercial condominium; 6. As there is no applicable general or specific plan containing definite objectives and policies as to commercial condominiums, Government Code Section 66427.2 exempts this project from the application of Government Code Section 66473.5. As the Subdivision Map Act is controlling in this regard, Section 2(b) of Ordinance No. 122Q as relied upon in the staff report, is inapplicable and thus is not a justification for the failure of the Planning Commission to act timely; 7. The n-~---__ Planning Commission violated Govern- ment Code Section 66451.3 and the common law, in that they did not give sufficient or. reasonable notice to the Applicant~of the October 5, 1981 hearing; 8. The City Council violated Government Code Section 66451.3 and the common law in that they have not given sufficient or reasonable notice to the Applican£ of the November 3, 1981 hearing; 9. The within appeal is not authorized by the Subdi- vision Map Act or the Municipal Code of the City of Santa Monica and thus, the appeal filed by Mayor Goldway must not be considered as (1) only the developer may appeal under Punicipal Code Section 9314, or (2) the S4ayor is not an "aggrieved party", and thus entitled to appeal. The Applicant does not, by his appearance waive any of the above objections or protestations, the right to argue such to the appropriate tribunal. Very truly yours, tonight, arld reserves 64ILLIAP4 A. KERR i4AK : cd