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SR-11-08-1983-12BC/ED:JL:nh Council Mtg.: November 8, 1983 TO: Mayor and City Council FROM: City Staff x~v ~ Santa Monica, California SUBJECT: Appeal, Tentative Tract No. 37984, Conditional Use Permit No. 358, Development Review No. 207,.16 Unit. Condominium Conversion, 631-705 Bay Street, R2, Billie Sorrel. Introduction This is an appeal from the Planning Commission's determination denying a tentative tract map, conditional use permit and interim development permit for a 16 unit condominium conversion. Appeal is by the applicant. Background The applicant owns a 16 unit apartment complex at 631-705 Bay Street which she wishes to convert to condominiums. In June 1983 the Santa Monica Rent Control Board granted a removal permit for the units allowing her to proceed with an application for conversion. Following public hearing on the request on October 17, 1983, the Planning Commission voted to-deny the application on the basis of Program 25 of the Housing Element but added a recommendation that the City Council consider the request on appeal. Program 25 of the Housing Element adopted in January of 1983 prohibits conversions of market-rate condominiums until the 1,300 rental units demolished in 1978 and 1979 are replaced. appealed the Commission's action. In support of Mrs.. Sorrel offered to provide ornamental street section of Bay Street. Alternatives In the matter of an appeal the City Council may modify any ruling of the Planning Commission and The applicant has her application, lighting for this affirm, reverse or the decision of the Council shall be final. / ., W $ Mayor and City Council -2- November 8, 1983 The Subdivision Map Act states that in order to approve a Tentative Map, the legislative body must find that the map is consistent with the City's General Plan of which. the adopted Housing Element is a part. Because this project is in conflict with Program 25 of the Housing Element, as the Planning Commission found, it is not possible to find that the Tentative Map is consistent with the General Plan. In view of the Planning Commission's concern for consideration of hardship in this case, staff has consulted with the City Attorney to determine if there is a legal basis for granting the appeal and approving the tentative map based on a hardship exemption. The City Attorney advised staff that because the Subdivision Map Act contains no provision for hardship exemptions, there is no legal basis for the Council to grant such an exemption and approve a map on that basis. Recommendation Because the State Subdivision Map Act (Government Code Section 66474) mandates that-the legislative body shall deny approval of a tentative map if it makes the finding that the proposed map is not consistent with applicable General and Specific plans, staff respectfully recommends that the City Council deny the appeal thereby denying the tentative map based on the following finding: 1. That Tentative Tract Map No. 37984 is not consistent with the City's General Plan in that Program 25 of the Housing Element of the. General Plan clearly prohibits conversions of market-rate condominiums until the 1300 rental units demolished in 1978 and 1979 are replaced. The recommendations presented in this .report do not have a budget/ financial impact. Prepared by: Mark Tigan, Director Community and Economic Development ~'~~ ~ ~, _~-~3 THOMAS R. LARMORE JOJ WILSH~RE BOULEVARD LOS ANGELES, CALIFORNIA 90017 November 8, 1983. BY MESSENGER Members of Santa Monica City Council Santa Monica City Hall 1685 Main Street Santa Monica, California 90401 Re: Billie Sorrel Dear Councilmember: I am writing this letter in connection with the appeal of the Planning Commission's rejection,'_i of the subdivision map requested by Billie Sorrel for the conversion of the existing apartment building into condominium units. Having found myself in the minority on the Planning. Commission, as I often do, and being in disagreement with the staff report you have received, I thought it might be helpful to you for me to set forth the reasons why I favored the granting of the subdivision map. The staff report contends that the Cali- fornia Subdivision Map Act requires a finding of consistency with a city's general plan and that Program 25 of Santa Monica's Housing Element prevents a finding of consistency in this case. While I agree with the first statement, I disagree with the second based upon a conflict in the Housing Element policies as applied to this project. The Housing Element consists of goals, policies and programs. Certainly, approval of the subdivision map is not inconsistent with the overall goal of the Housing Element which is stated as follows: Assure that Santa Monica meets the existing and projected housing needs of all its residents and its regional responsibilities for decent, afford- able housing opportunities for all social groups while maintaining an economically sound and healthy environment. Members of Santa Monica City Council November 8, 1983 Page Two This goal is further refined by a series of policies. Program. 25 is found under Policies I E 1 and I E 2 which are stated on pages 35 and 36 of the Housing Element. These policies provide that a conversion should be approved only "consistent with all laws of the City of Santa Monica" and "tenants are not displaced." In reviewing the proposed conver- sion, I concluded-that approval of the map would not be inconsistent with either of these policies. In addition, Policy II C 1 on page 36 states that the City should "encourage housing ownership opportuni- ties for all income groups." Certainly an approval of this map would provide for homeownership opportuni- ties for the tenants in the building. The only basis-which I could find in the Housing Element among its goals, policies and programs for disapproving the subdivision map is Program 25 which, if self-executing, would prohibit the conver- sion. In my view, however, the programs are not self-executing. A review of the various programs in the Housing Element shows that virtually all of them call for the City to develop programs, review existing ordinances and regulations, encourage certain activities and study certain other issues. Also, each program includes a timing schedule within which the program is to be implemented. (Program 25 is scheduled to be implemented by the end of January, 1984.) My reading of the programs convinced me that they were intended to provide descriptions of ordin- ances which the City Council would adopt, or other actions the City would take, in the future. Certainly, the Council has not adopted an ordinance to implement: Program 25 and, therefore, I did not feel that it provides an impenetrable obstacle to the approval of this subdivision map. (I might point out in addition that Program 10 provides that the demolition of existing multi-family residential dwellings is not to be author- ized unless provision has been made for replacing the units. In view of the fact that Mrs. Sorrel has obtained the removal permit from the Rent Control Board, she would be authorized to demolish the units Members of Santa Monica City Council November 8, 1983 Page Three if conversion is not permitted, thereby arguably violating the intent of Program 10.) In view of the conflicts in the Housing Element policies as applied to this conversion, and based upon advice given to the Commission by the City Attorney's Office, I concluded that the City could approve or deny the subdivision map and, in either case, make a finding of consistency with the general plan. Therefore, i felt free to consider the other aspects of the situation, including the existence of the removal permit from the Rent Control Board, the obvious hardship upon Mrs. Sorrel which would follow a denial of the map and the desire of all of the tenants in the building to acquire their individual units. Sincerely, ~~ /~ - Th omas R. Larmore