SR-021081-6F8 ~ d fi98~`
Santa Monica, California, February 4, 1981
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Final Map Approval
Introduction
Ti'iis report transmits a Final Map for City Council approval of
the following condominium project:
TRACT ADDRESS DEVELOPER UNITS
35504 937 Twelfth Street E1 Patio, Ltd. 34-Unit Conversion
Background
The Tentative Map fo.r this thirty-`our unit conversion was origi-
nally approved on July 10, 1978. On July 2, 1979 a one-year
extension was granted with a condition requiring Rent Control
issuance of a vested right, exemption or removal permit prior
to approval of the Final Map. The applicant appealed the imposi-
tion of this condition to the City Council which affirmed the
Commission's action on July 24, 1979.
On June 29, 1979 the Final Map was received from the County Engi-
neer and tentatively scheduled for City Council action on Septem-
ber 25, 1979 but was later withdrawn because of the condition
for Rent Control approval. The Final Map was considered at the
September 25, 1979 meeting, however, as a Councilmember item
and a motion to approve was defeated.
FE9 1 0 9981
Mayor and City Council -2- February 4, 1981
The owners subsequently won a court decision that conditions
may not be attached to extensions of maps in what is often.
referred to ws-the "El Pafio Case."
The Tentative Map expired on July 10, 1980.
On January 7, 1981 the District Court of Appeal issued a writ
of mandate directing the City Council to consider the Final Map
without regard to Rent Control. The City Attorney will advise
the Council relative to approval of a Final Map for which the
Tentative has expired.
The Final Map conforms to the Tentative Map. The License Division
reports the developer has either paid or agreed to pay the Condo-
minium Tax. Fees for Final Map approval were paid September 5,
1979. The Building and Safety .and Fire Departments indicate that
the project meets present fire safety requirements.
Alternatives
State and City ordinances require approval of final subdivision
maps which comply with approved Tentative Maps.
Recommendation
It is respectfully recommended that the City Council be guided
by the City Attorney as to the appropriate action in this case.
Prepared by: James Lunsford
JL:lk
RESOLUTION NO. 6202
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA ACCEPTING. AND APPROVING SUBDIVISION
MAP OF TRACT NO.-35504 AND DIRECTING ISSUANCE
OF CONDOMINIUM CONVERSION PERMIT ON CONDITIONS
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE
AS FOLLOWS:
___ SECTION 1. The. Map of Tract No. 35504 in the City of Santa
Monica presented by Robert C. Wilson and Nathan Goller, general
partners in El Patio Limited, .being a subdivision for condominium
purposes of Lots Q, R-and S, Block 39, Amended Map of the Town
of Santa Monica, as shown on Map recorded in Book 39, Pages 45
et seq., of Miscellaneous Records, Records of Los Angeles County,
is accepted and approved.
SECTION 2. The Building Officer is directed to issue a
condominium conversion permit for the project described by this
map, pursuant to the provisions of Resolution SS72(CCS), to be
effective upon full satisfaction of .the conditions precedent
stated in Section 2 thereof.
SECTION 3. The adoption of this resolution does not
relieve the subdivider from compliance with all Federal, State
and local laws applicable to the project.
SECTION 4. The City Clerk hereby is authorized and
directed to endorse upon the face of said Map. this order authen-
ticated by the Seal of the City of Santa Monica.
SECTION 5. The City Clerk shall certify to the adoption
of this. resolution and thenceforth and thereafter the same shall
be in full force and effect.
APPROVED AS TO FORM:'
Q
STEP-1~ANE STARK
Acting. City Attorney
DAY
''
MAYOR
I HEREBY
" CERTIFY TNAT THE FOREGOIfaG RESOLUTIOPI, ",. ~.
~jp, 6zoz -~AS DULY ADOPTED BY THE CITY COUNCIL OF THE
CITY DF SAfdT~a f10tJICA AT A REGULAR f1EETIfdG THEREOF HELD Ofd
February loth "`. Zggl BY THE FOLLO-.'ldPIG COUfdCIL VOTE: '
AYES:. - COUf1C~IL~1E°1BERS: Jennings, Reed, Scott and
. Mayor Bambrick
f~OES: COUNCIL~1EfiBERS: Yannatta Goldway and Rhoden -
ABSEftT: COUfICIL~3Ef1BERS: None
fABSTAIf~: COU~iCiL~°~IEf9BERS:~~~~- None ~~_
ATTEST:
- ~ ~~~~-12~~~
:CITY CLERK
~. .nor
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