SR-08-22-1978-7C
AU6 2 2 1978
Santa Monica, California, July 26, 1978
TO: The Mayor and City Council
FROM: City Staff
SUBJECT: Appeal, Tentative Tract No. 35411, 19 Unit Condominium
Conversion, 1125 Pico Boulevard R4, Kew Enterprises, Inc.
Introduction
This report transmits an appeal from the Planning Commission's
decision to deny an application to convert a 20 unit apartment
building to 19 condominiums. In the case of a subdivision, the
City Council is the appeals body from decisions of the Planning
Commission. The determination of the Council in these matters
is final.
Background
In August 1977 Kew Investment Enterprises obtained a building
permit for a 20 unit apartment with 38 parking spaces for the
northwest corner of 12th and Pico. Eleven of the 38 parking
spaces are in tandem. In April 1978 with the building not yet
finished, the applicant filed a subdivision map seeking to con-
vert the building to 19 condominiums. In June the request was
denied by the Planning Commission and the applicant has appealed
to the City Council.
While the Zoning Ordinance requires a minimum of 2 spaces per
condominium unit and allows up to 1/3 of them to be in tandem,
the Planning Commission over the past three years has consistently
required two independently accessible parking spaces for condo-
miniums without tandem parking. Buildings not meeting this re-
quirement have been required to be three years old before conversion.
A U 6 2 2 1978
The Mayor and City Council - 2 - July 26, 1978
The express purpose of these provisions was to prohibit the
commencement o£ construction as an apartment and then seek
approval as a condominium without meeting the more stringent
Planning Commission requirements. Had the applicant sought
approval of the Planning Commission last August, the tandem
parking arrangements would undoubtedly have been disapproved and
possibly other features of the building as well. .The application
was unanimously denied by the Planning Commission with a seven
to nothing vote on the basis that it employed a parking design
not acceptable to the Planning Commission for condominium devel-
opment.
Alternatives
In the matter of an appeal from an action o£ the Planning Com-
mission, the City Council may affirm, reverse or modify any
determination of the Planning Commission and such decision shall
be final. The Council may, therefore, grant the Appeal and
approve the Tentative Tract Map thereby granting the applicant
the right to sell the units as condominiums, deny the Appeal and
uphold the action of the Planning Commission or in some other
way modify the Commission's ruling.
Recommendation
In view of the applicant's election to commence construction of
the building as an apartment including the employment of a tandem
parking arrangement, the Planning Commission's unanimous disap-
proval of the application and the applicant's right to reapply
The Mayor and City Council - 3 - July 26, 1978
Recommendation (continued)
in two years, it is respectfully recommended that the Appeal
be denied and the decision of the Planning Commission upheld.
Prepared by: James Lunsford
JL:bt