SR-11-14-1978-7B~~
N®V 1 4 197
Santa Monica, California, November 7, 1978
TO: The Mayor and City Council
FROM: The City Staff
SUBJECT: Appeal from Planning Commission's Approval of a
Condominium Conversion, Tentative Tract No. 28018,
1308-1310 - 23rd Street, Wesley and Julia Chu
Introduction
This report covers an appeal from the Planning Commission's
requirement that the subdivider advise all prospective purchasers
of the condominium conversions at 1308-1310 - 23rd Street of the
possibility that. St. John's Hospital would eventually acquire the
building by eminent domain.
Background
Appellants Wesley and Julia Chu own a 9 unit apartment house at
1308-1310 - 23rd Street in the R2 District immediately behind
and backing up to the St. John's Hospital parking lot. On June 2,
1978 the appellants initiated action to convert the building to
condominiums. Public Hearing was held on September 18, 1978 at
which time the application was opposed by St. John's Hospital on
the basis that they intended to acquire the property for expansion
in accordance with their long range planning. Hospital officials
had written to the appellants in July indicating their interest
in the property but no meeting or discussion had yet occurred.
The Planning Commission approved the conversion on the basis that
it met all State and local requirements but attached thereto a
condition that any and all prospective purchasers of the units
must be notified of the hospital's intention to purchase the
NO`r 1 ~ +q7~]
The Mayor and City Council - 2 - November 7, 1978
building as part of its expansion program. The Appeal is against
this specific condition and asks to have it stricken.
An appeal was also filed by St. John's Hospital as an aggrieved
party on basis that the conversion should not have been approved
in light of their plans to acquire the propertg. In the case of
an appeal by other than the subdivider, the Council must decide
first if the appealing party has standing and s
wish to hear the appeal. In the event the Council determines to
hear the appeal, it must then set a time and place for the hear-
ing. In this case, however, where the subdivider has appealed
and is entitled. to a hearing, both matters could be disposed of
at the same time.
Alternatives
Under the State Map Act and local Subdivision Ordinance, the City
Council may affirm, reverse or modify any determination of the
Planning Commission in regard to a subdivision and that decision
is final. The Council may therefore strike the condition imposed
by the Planning Commission and leave the approval intact; sustain
the Planning Commission's requirement that prospective purchasers
be notified; or, defer action on the subdivider's appeal by de-
ciding that the hospital's appeal should. be formally considered
and scheduling a hearing date to do so.
The Planning Commission, following careful evaluation and advice
of counsel, determined that while the hospital wishes to acquire
The Mayor and City Council
- 3 - November 7, 1978
the property, the conversion application had been initiated prior
to their contacting the property owners and neither existing con-
ditions or statutes justified denial of an application meeting
all requirements for conversion. The Commission believed, however,
that in light of the hospital's expressed intent to eventually
acquire this property, as well as others adjacent to it, prospective
purchasers should be advised of this possibility. Section 9123C11
of the Condominium Conversion Ordinance clearly permits the Plan-
ning Commission to impose any condition or requirement believed
necessary to protect the economic, ecological, cultural or aesthetic
qualities of the community, or the public health., safety and gen-
eral welfare. The Planning Commission by approving the conversion
with the notification requirement intended. to act in the best
interests of both the subdivider and prospective purchasers.
Recnmmenrlatinn_
In view of the absence of substantial or legal grounds for denial
of the Tentative Tract Map and the right of the Planning Commission
to attach such conditions as they believe necessary to protect the
economic interests of the community and general welfare of the
public, it is respectfully recommended that the Planning Commis-
sion's determination be upheld, the subdivider's Appeal denied and
a determination made that the hospital's Appeal is without sufficient
substance and should not be considered.
Prepared by: James Lunsford
JL:bt