SR-052681-7JTO:
FROM:
Santa bonica, California, April 29,
Mayor and City Council
City Staff
7~
AflAY 2 6 1981
1981
SUBJECT: Appeal, Tentative Tract No. 41639, .New 6 Unit Condominium
2247 29th Street, R2, C. Nahass.
Introduction
This report covers an appeal from the determination of the
Planning Commission conditionally approving a tentative
tract map and Conditional Use Permit for a subdivision for
condominium purposes. Appeal is by Mayor Ruth Yannatta
Goldway.
Background
On April 20, 1981. the City Planning Commission following a
Public Hearing conditionally approved Tentative Tract Map
No.41639 a subdivision for condominium purposes. Two days
later, on April 22, 1981, the City Council enacted an
emergency moratorium on new construction in the City including
a specific requirement that the Planning Commission deny
tentative tract maps. On April 24, 1981, Mayor Goldway filed
a written appeal of the Planning Commission's approval.
Alternatives
On Appeal, the. City Council may normally affirm, deny or
modify any determination of the Planning Commission in regard
to a subdivision and may make such findings as are not
MAY 2 6 19'81
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inconsistent with the State or local subdivision ordinance.
However, Section 2(b) of the moratorium precludes Planning
Commission approval of tentative maps on the basis of
inconsistency with the General Plan and it appears that this
restriction would also be applicable to the City Council
on an appeal after the effective date of that ordinance.
Recommendation
I.t is respectfully recommended that the appeal be upheld
and the tentative map denied on the basis of Ordinance 1207
precluding Approval of tentative tract or parcel maps.
Prepared by J. W. Lansford
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April 24, 1981
Janes Lansford, Secretary
City Planning Commission
City of Santa Monica
Dear Mr. Lansford,
In accordance with the provisions of Section 91220 and
91480 of Chapter 1, Article IX of the Santa Monica
Piunicipal Code and Section 66452.5(d) of the State Map
Act I hereby appeal the Planning CommissienS' April 20,
.1981 ,approval of the followings
Tentative Parcel Map No. 14136, New 4 Unit Condo_m.,inum
2624 5th Street, R3, E. Benigno.
Tentative Tract No. 41639, New 6 Unit Condominium
2247 .25th Street, R2, C. Nahass.
Tentative Tract No. 41763, New 6 Unit Condominiuun
1138 - 21st Street, R2, R. Held.
Tentative Tract No. 39604, New 6 Unit Condominium
927 - 17th Street, R2, O. Katz.
Tentative Tract No. 42121, New Commercial Condominium
1~"s7-43 - 7th Street, C3, J. Schwartz.
Tentative Tract No. 42122, .New Commercial Condominium
1541-45 - 26th Street, M1, J. Schwartz.
Tentative Tract No. 41969, New 4 Unit Condominium
1.217 - 22nd Street, R2, K. Lee.
Tentative Tract No. 39269, D7ew 6 Unit Condominium
1617 Franklin Avenue, R2, w. Friedman.
Tentative Tract Pdo. 4f~' 7, New 5 Unit Condominium
2502 - 28th Street,~R2~. Hou.
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May 21, 1981
Mr. James Lunsford
Director of Planning
City of Santa Monica
.1685 Main Street, Room 212
Santa Monica, CA 90401
RE: Tentative Map No. 41639
Dear Mr. Lunsford:
This letter is to protest the appeal of the
Planning Commission's approval o.f the above-referenced
Tentative Map and to outline our position with respect to
this project.
On April 20, 1981, the Planning Commission approved
this Tentative Map with only one dissenting vote. Since then,
however, we have been notified by your office that Mayor Ruth
Yannatta Goldway has appealed this and all other Tentative
Maps which were approved at the Planning Commission's April
20, 1981 meeting.
We believe this appeal is improper for several
reasons. First, we question whether the Mayor has the
authority to appeal a Planning Commission decision since the
City of Santa Monica has taken the legal position in several
lawsuits that the City Council generally lacks the discretion
to approve Tentative Subdivision Maps.
Second, it is apparent that the Mayor has appealed
approval of our Tentative Map for the purpose of applying the
new Building Moratorium Ordinance to this project notwith-
standing the fact that we had obtained our Tentative Tract
Map prior to the enactment of that Ordinance.
Third, in securing approval of our Tentative Map
from the Planning Commission we necessarily demonstrated that
we were in compliance in all respects with the applicable
zoning and subdivision laws of the State of California and
the City of Santa Monica. Notably, you recommended approval
of this project "with usual conditions" in a Memorandum to
the Planning Commission dated April 6, 1981.
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S -~ ~,-
Mr. James Lunsford
May 21, 1981
Page Two
Under these circumstances, we do not believe that
the City Council has the legal authority to revoke the
Planning Commission's approval of our Tentative Map. It is
our position that once we comply with the conditions attached
by the Planning Commission to approval of our Tentative Map,
we ,are legally entitled to complete this project.
We respectfully request that the City Council
consider this position at its May 26, 1981 meeting when
Mayor Goldway's appeal is scheduled for hearing.
Sincerely,
~~~
CAMILLE NAHASS
CN:ee
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cc: Mayor Ruth Yannatta Goldway
Robert M. Myers, Acting
City Attorney