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SR-05-12-1981-6KSanta D4onica, California, April 30, 1981 ~~ TO: Mayor and City Council MAY ~ ~ 1981 FROM: City Staff SUBJECT: Communication from Virginia Moore Requesting Final Map Approval for Tentative Parcel Map No. 35408, Four-Unit Condominium Conversion, 2224 Oak Street, R2. Introduction This report summarizes activities in connection with Tentative Parcel Map 35408 for a four-unit condominium conversion at 2224 Oak Street. The applicants are requesting approval of the Final Map even though the physical alterations have not been completed. Background The property involved consists of five older units at the southwesterly corner of Twenty--third Street and Oak .Street. The original construction was three cottages and a second-story apartment over four garages but at some point, probably during World V7ar II, the garages were illegally converted to a dwelling unit. The applicants propose to remove the fifth unit, restore the garaging and sell the three cottages and garage apartment as condominiums. The Tentative Parcel Map was approved June 5, 1978 with the condition that all repairs and improvements be completed. The Tentative has been extended four times while the applicants negotiated with the Rent Control staff and, without final GK MAY 1 2 pg89 -z- approval, will expire June 4, 1981, there being no legal extension beyond that date. The Final Map has never been submitted for Council approval because the work has not been done. Under a Council policy established April 24, 1979 Final maps for conversions are not considered until all conditions of the tentative have been met. All conditions in this instance have not been met because a building permit for removal of the fifth unit cannot be obtained without Rent Control approval and a formal request for a removal permit has never been filed. The applicant now requests approval of the Final Map on the basis that the State Map Act prohibits any work being done without a Final Map. Recommendation It is respectfully recommended that the request be denied for the following reasons: 1, The tentative map requires the removal of an .existing unit and provision of additional parking to qualify the remaining four units for conversion. 2. The existing unit cannot be removed with a Removal Permit from the Rent Control Board and no application for a removal permit has been made. 3, The property does not currently qualify for conversion due to lack of required parking and approval of the Final Map would leave the City without an appropriate means of enforcing the conditions of the tentative. m 3 _ 4. The Final Map does not comply with the tentative in that required off-street parking does not exist. Prepared by James ?J. Lunsford JWL:nh ~C cA:Rru,z:l ~~'~ 2 ~ ,~~~ Council .meeting 4/28/81 Santa Monica, California STAFF REPORT ~~ 1 `~' i9 $1 T0: l2ayor and City Council FROM: City Attorney SUBJECT: Communication from Virginia Moore Requesting Final Map Approval for Tentative Parcel Map No. 35408, Four Unit Condominium Conversion, 2224 Oak St., R2 The applicants have submitted with the Planning Department a final map for a four unit condominium conversion. The Planning Department has not filed the final map with the'City Council for approval or disapproval because of its determination that the final map does not conform to the tentative rnap. Although there is authority for the Planning Department's refusal to file the map with. the City Council (see Government Code Section 66457), the applicants nevertheless insist that the final map be brought before the City Council. It is recommended that the final map be filed and received by the City Council at its May 12, 1981 meeting, and that the City Council either approve or disapprove the final map at that time or at its following meeting. Since the City Council is the ultimate decision-making body on whether the final rnap in fact conforms to the tentative map, this procedure ensures that the City Council in fact makes a decision on the subject. It is recommended that this procedure be followed in the future where the applicants insist on presenting the final map to the City Council notwithstanding staff determination that the final map fails to conform to the tentative map. Prepared by: Robert M. Myers, Acting City Attorney ~i~ 1 G ?3 $1' S 9~: ~~, APR 2 ~ ~9$f Santa Monica, California, April 28, 1981 TO: Mayor and City Council FROM: City Staff SUBJECT: Communication from Virginia Moore Requesting Final Map Approval for Tentative Parcel Map No. 35408, Four-Unit Condominium Conversion, 2224 Oak Street, R2 Introduction This report summarizes activities in connection with Tentative Parcel Map 35408 for a four-unit condominium conversion at 2224 Oak Street. The applicants are requesting approval of the Final Map even though the physical alterations have not been completed. Background The property involved con;;ists of five older units at the south- westerly corner of Twenty-third Street and Oak Street. The original construction was three cottages and a second-story apartment over four garages but at some point, probably during World War II, the garages were illegally converted to a dwelling unit. The applicants propose to remove the fifth unit, restore the garaging and sell the three cottages and garage apartment as condominiums. The Tentative Map was approved June 5, 1978 with the condition that all repairs and improvements be completed. The Tentative has been extended four times while the applicants negotiated with the Rent Control staff and, without final approval, will expire May 4, 1981, there being no legal extension beyond that date. Mayor and City Council. 2- April 28, 1981 The Final Map has never been submitted for Council approval because the work has not been done. The work has not been done because a building permit cannot be issued without Rent Control approval and a formal request for a removal permit has never been filed. Recommendation It is respectfully recommended that the Council be guided by the City Attorney as to the appropriate course of action. Prepared by James Lunsford JL:lk i `'~ ~~~ 4 1981 t ~~ F(t~ / /~ ~JFFiCF r~j~ sb~ ,~ ,~1~ /~ j ~ c:> l/ ~,~ij I i_~ ~ ~' i 0 ~~ ~ ; ~i~~[il~ ~ , /~/ . J / f ~ f. ~ f/ j / 1~.,~ ~~'~ ,, ~, ,: ~ ~r ~~~~ ~- // J /' ~`<~ ~- ,~ /~ ~~~~~ ._ __ \ ice,. 1 i_ - --~ ~ ~~ Gay G~ ~~'~i ~~ APR 2 8 1989 ra Aid 1 4 9981 C/ ,,F ~~~~"~~ ~~ ~ ~ G F ~ U ~ ioiulvtfFtl-, aViBf FFUO • _ • F~I~NDED 1$1a City Clerk Miss Virginia Ploore 914 Georgina Ave. Santa Monica:, CA 9.0402 Dear bliss Moore: 1685 Main Street, Santa Monica, Ca. 90401 Telephone (213) 393-9975 April 9, 1y81 Your reduest to address the City Council has been played on ` the agenda for the meeting to be held on April 14, 1981. • Please plan to attend the above meeting if you wish. to participate in the discussion. Sincerely, ? ~ ~ 9 1 .,. `~i , "ti ~ ~ C ~,,- Ann bi. Shore City Clerk Attachment: City Council Agenda C1'1"1' Ol-~ CALIFORNIA r ~~%~>' City Clerk Virginia Moore 914 Georgina Ave. Santa Monica, CA 90402 Dear Miss D4oore: 1685 Main Street, Santa Monica, Ca, 90401 Telephone (213) 393-99'15 April 23, 1981 Your request to address the City Council has been placed on the agenda for the meeting to be held on April 28, 1981, 7:30 P,M., Council Chambex°s, Room 213: Please plan to attend the above meetin if-you wish to liarti- cipate in the discussion. Sincerely, Aim P4. Shore City Clerk Attachment: City Council Agenda