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sr-082581-7d`=~ -, ,i RMM:BB:b City Council Meeting 8-25-81 Santa Monica, California STAFF REPORT T0: Mayor and City Council FROM: City Attorney SUB~7ECT: Clai?a Number M-055, by Enco Builders to Construct a 10 Unit Condominium Project at 955 Ocean Avenue auG ~ 5 99fit PROJECT DESCRIPTION Claimant seeks to proceed with the construction of a five stor-„ 10 unit condominium project at 955 ^cean Avenue. There will be two units on each floor and the units will have two bedrooms, three bedrooms, or three bedrooms and den, and. tT.ro and one-half baths. Subterranean parking is proposed. The property is zoned R-4 and is presently vacant. 7t was purchased by claimant in January 1981. VESTED RIGHT A determination of a vested right depends on whether the claimant has secured the last governmental approval necessar~~ 'or construction and, in good faith reliance thereon, performed substantial work or incurred substantial liabilities in furtherance thereof. 1. Governmental Approvals. Claimant obtained the following gr_vern_mental approvals i.n connection with its proposed development nri_or to the adoption of the moratorium: m AUG 2 5 1981 Tentative Tract trap 9-15-80 Coastal Development Permit 1-06-81 Claimant did not obtain the approval prior to the adoption of yet obtained Architectural Review map, or a building permit. In th; been obtained, claimant would not to ~ roceed. last necessary governmental the rioratorium. It has not Board approval, a final tract st these approvals have not yet be entitled to a vested right 2. Expenditures and Liabilities. Claimant indicates the total cost of development :vill be $3,500,000. It is not stated, but it would appear that the rurchase price of $1,100,000 is included w~.thin that total. Expenditures prior to April 22, 1981 are stated to be $18,129 and represent permit `ees ($575), professional fees (architectural $10,000, engineering $792, legal $1,350), blueprints ($262) and a soil test ($900). Nearly $5,000 of the total expenditures predate even the tentative map approval. These ex~~enditures are neither the type nor magnitude that would establish a vested right. Claimant has listed a loan liability in the amount o- the total purchase price. Costs related to land acquisition do not count toward a vested right. HARD S'r.I P Claimant states as its hardship the loss of money and interest spent on the project. Claimant also indicates that it has complied with City and Coastal Ccm,-nission regulations, and that the proposed development will enhance the City, increase =.ts tax base, and provide new housing. -. -~- Claimant makes reference to the provision of low cost housing in the vicinity of Santa Monica as part of its Droposed development. It is unclear what this means. Presumably, provision of affordable housing was a condition of a Coastal Permit. No specific information has been provided in the cla~_m. RECOMMENDATION 1. It is respectfully recommended that the claim for vested right be denied. Prior to April 22, 1981, claimant had not obtained the last necessary governmental approval and did not perform substantial work or incur substantial liabilities in reliance thereon. 2. If, under the facts as presented above or as may be determined at the time of the hearing, the City Council should determine that application of the moratcr_i_um to claimant's project would result in an unfair hardship to claimant, an exemption on the basis of unfair hardshi^ should be granted. -3-