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SR-062381-5C~, ~ ~ Z ~-8/ CA : RP4M : BB : se Council Meeting 06/23/81 STAFF F.EFORT T0: r?ayor and City Council FRO4~: City Attorney Santa Monica, California SUBJECT: Review of Final Map for Six Unit Condominium Project at 1434 Nineteenth Street INTRODUCTION At its meeting of June 16, 1981, continued from June 9, 1981, the Citg Council continued action on Fihal Tract Map Number 37305 submitted by Reuven Hazon for a six unit condominium at 1434 19th Street. Staff was recuested to provide additional information. DISCUSSION The tentative tract map for this project was approved on August 6, 1979. Among the conditions imposed on the map was "that construction shall be in substantial accordance with the plans submitted." Although a building permit was issued on March 15, 1980 (which expired 6 months laterj, no construction 'commenced. Section 66499.3'~'of the Subdivision Map Act provides that any action to determine the validity of any condition imposed on the map must be .commenced within 180 days after the date of the conditional approval of the map. In that no challenge of the condition to commence construction occurred within the permitted time period, this condition is valid 5 ~~ ~-z3 °~/ with respect to the subject property. rt is not necessary at this time to determine whether construction may or must commence prior to final. map approval for other condominium projects. RECOMMENDATIODI It is respectfully recommended that the Council deny Final Tract Map Number 37305 for a six unit condominium project at 1434 Nineteenth Street on the ground that the conditions of the tentative tract rap have not have been fulfilled. Prepared by: Robert ?~. Myers, City Attorney Bettylou Borovay, Deputy City Attorney -2- TRANSCRIPT: PORTION OF CITY COUNCIL MINUTES OF JUNE 23, 1981: S-C: Report regarding Final Tract Map No. 37305 submitted by Reuven Hazon for a 6-unit new con dominum at 1434 - 19th Street (previously Item 11-B on June 16. 19811 Staff Report by City Attorney Robert Myers: Last week this item was before the City Council for consideration in response to inquiries from the Council concerning one of the conditions of the Tentative Tract Map approval which was that construction shall be in substantial accordance with the plans submitted. An additional staff report was requested. The staff report has been presented. The Planning Director has done an on-site inspection of the property indicating that the property is enclosed with a chain link fence and no construction has commenced. A building permit which was issued in March of 1980 has expired without construction having commenced. Based upon the fact that one of the conditions of the Tentative Map have not been complied with, it is respectfully recommended that the Final Map be disapproved on the basis of failure to present a Final Map and substantial compliance with the conditions of the Tentative Map. That concludes the staff report. Mayor Yannatta Goldwav: I don't appear to have any chits from the public to be heard on this item. Is there anyone representing the developer here. ....Mr. Hazon, I suppose you should have an opportunity to speak. Excuse me before you begin. The City Manager has reminded me to request the audience to please find seats in the Chambers here 1 aw because it is against the Fire Marshal's/to have. people standing page 1 Transcript of 6/23/81 in the halls. If you'd rather you may stand in the lobby and the proceedings are on the PA system out there. Mr. Hazon, would you give your name and address for the record. Mr. Hazon: My name is Reuven Hazon, 218 North Palm Drive, Beverly Hills. I bought this property on August 1980 and it's almost before the Tentative expired so I requested from~he City to extend the Tentative (inaudible) and during this period I had to work on this project to prepare for the Final. I had a lender, he lives in Massa- chusetts, and it takes three months to get his signature from the old couple there. Then we prepare in the County and the County takes another three months til they check everything and I prepare the fees and I prepare the bonds -- they ask for the bonds -- and we submit everything -- and since that time my engineer is work everything and prepare and present to the city and already I spend enough money. on this project since one year. This tentative tract map going to expire on August 7th I think and I don't think I have the possibility to extend it more. My attorney says if the Council cannot approve the final so he has to go to the court and file a lawsuit and in this way he is going to keep the tentative going without expiring and this is going to cost me another few thousand dollars which is I don't know why I have to lose more and more money for this project which is -- I thought it, it was free and clear -- I mean it was vacant land. There's no permit demolishing this to have -- and I think this is the project only the bad luck become with .the moratorium. This is not my fault. This is not mine because it takes time, everything is here, all this procedure. And I ask the Council and the Mayor really to page Z Transcript of 6/23/81 consider the situation which is -- really this is low income area or at least not the higher price for this condominium to keep it - because I think this price is very reasonable for the people of Santa Monica to buy. Councilmember Jennings: Mr. Hazon, when did you buy this property? Mr. Hazon: August 1980. - Councilmember Jennings: 1980 or 1979? - Mr. Hazon: 1980. -- Mayor Yannatta Goldway: He bought a tentative tract map. Councilmember Jennings: I don't understand why a whole year has gone by and you haven't started any construction. Mr. Hazon: Because I bought the plans from a private seller and I have to work on them and come to this City and check everything again til they approve everything and then we have to start to find all the documents for every seller -- he doesn't know where we put it until I found the engineer, he didn't know where the engineer -- and I have to dig and dig for everything to find everything. And the most time I wait for the lender they have to sign the condominium plan and they have to sign the subordination agreement. This old couple we cou d't find because we (they?) are only agency they collect the interest and to find them it's really takes me more than three months to find them and get their signatures, because without their signatures we cannot go ahead with the condominium plans, and then we submit all these things to the County. The County takes more than three months to check everything and they come and ask again and again and my engineer call me and go their, bring (inaudible) and it takes more than three months until we pay all the fees and brought -- they ask for the bonds and I bought the bonds and I submit the bonds and they approve,.. page 3 Transcript of 6/23/81 it, then the engineer come here, (inaudible.) I think four or five weeks. ago. This is the only reason. I didn't delay anything. Mayor Yannatta Goldway: Any other questions? Do we have a motion? Councilmember Zane: I'd like to move the staff report. Councilmember Conn: Second. .Mayor Yannatta GoldwaX: Okay, it's moved by Councilmember Zane and second by Councilmember Conn that we deny the Final Tract Map for a 6-unit condominium project on the grounds that the conditions of the Tentative Tract Map have not been fulfilled. Councilmember Reed? Councilmember Reed: I withdraw my comments, thank you. Mayor Pro Tempore Edwards: Normally I'm very reluctant to vote to deny a Final Map but to me I'm sure this gentleman here had good intentions when he purchased the land but this I think is just an example of the kind of speculative sale of vacant lots that has been going on in this city for a-long time. We have had a number of examples while I've been on the Council and I saw quite a few while I was on the Planning Commission in which people were really buyhg and selling permits. I think we had one gentleman within this last month tell us that he paid a $150 premium because the property -- $150,000 premium because the property had permits, and this just exemplifies the speculative nature of how the permit process is used. This land has remained empty page 4 Transcript of 6/23/81 for quite a period of time and it's been bought and sold morethan once after the Tentative-- well it's been sold after the Tentative was secured, nothing's been done, and I just don't have the same feelings I do about denying this map as I would on another occasion. ,Mayor Yannatta Goldway: Any other discussion? Can we have a roll call please. City Clerk Shore: Councilmember Conn: .Aye Edwards: Aye Jennings: Yes Press: Yes Reed: No Zane: Yes Yannatta Goldway: Yes Ciry Clerk: The motion carries.. k :F :F * z Transcript provided by Ann M. Shore, City Clerk of Santa Monica. July 27, 1981 Page S Transcript of 6/23/81