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SR-052681-7E~~ MAY 2 6 1981 Santa P.onica, California, April 29, 1981 TO: Mayor and City Council FROb4: City Staff SUBJECT: Appeal, Tentative Tract No. 42122, New Commercial Condominium 1541-45 26th Street, Ml, J. Schwartz. 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.42122 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 61981 - 2 - inconsistent with the State or local subdivision ordinance. However, Section 2tb) 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 It 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. Lunsford JWL:nh { April 24, 1981 ,r: Janes Lansford, Secretary City Planning Commission City of Santa Monica Dear M.r. Zunsford, t In accordance with the provisions of Section 9122C and 9148E of Chapter 1, Article IX of the Santa Monica. rRUnicipal Code .and Section 66452.5{d) of the State Map Act I hzreby appeal the Planning Commissions° April Z-0, 1981 appraval of the following: Tentative Parcel Map No. 14136, New 4 Unit Condominium 2524 5th Street, R3, E. Benigno. Tentative Tract No. 41639, New 6 Unit Condominium 2247 7_9th Street, R2, C. Nahass. TertatijTe Tract No. 41763, New 6 Unit Condominium 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 1437-43 _ 7th Street, C3, J. Schwartz.. Tentative Tract No. 42122, New Commercial Condominium i541-45 _ 26th Street,. Ml, J. Schwartz. Tentative Tract No. 41969, New 4 Unit Condominium. 1217.- 22nd Street, R2, K. Lee. Tentative Tract No. 39169, New 6 Unit Condominium 1617 Franklin Avenue, R2, W. Friedman. Tentative Tract No. 4~` 7, iJew S Unit Condominium 2502 - 28th Street,R2,~. Hou.