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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from the County Engi- neer and tentatively scheduled for City Council action on Septem- ber 25, 1979 but was later withdrawn because of the condition for Rent Control approval.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 Ah c_ •. - b. yx`~ F_ ayrt _ ___