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