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City Council Meeting 8-11-81
Santa Monica, California
STAFF REPORT
TO: Mayor and City Council
FROM: City Attorney
SUBJECT: Claim for Vested Rights from Emergency Building
Moratorium, Claim Number M-050, by Emanuel Streisand
School, Pacific Jewish Center, for Vested Right/
Hardship Exemption to Erect Four Modular Classrooms
at 1515 Maple Street.
PROJECT DESCRIPTION
Claimant seeks to erect four contiguous mobile modular
classrooms along the border of the property at 1515 Maple Street,
the total measurement of which will be 24'8" x 108'6'. The
property is owned by the Sunset Park Christian Church. The
church is presently used for worship services by the Sunset Park
Christian Church and as an elementary school by the Emanuel
Streisand School.
VESTED RIGHT
A determination of a vested right depends on whether the
claimant has secured the last governmental approval necessary for
construction and, in good faith reliance thereon, performed
substantial work or incurred substantial liabilities in
furtherance thereof.
In connection with this project, claimant has not obtained
any of necessary governmental approvals. Claimant has applied
for a use permit, that hearing will not be held until a decision
is made with respect to an exemption from the moratorium.
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AU8 1 I t9Rt
Additionally claimant will need a permit from the Building
Department.
Claimant has stated that the cost of these classrooms will
be $81,000. No expenditures were made and no liabilities were
incurred prior to the adoption of the moratorium.
Claimant does not have a vested right to proceed in that no
governmental approvals were obtained prior to April 22, 1981 and
no expenditures were made and liabilities incurred in reliance on
such approvals prior to that date.
HARDSHIP
Claimant states that it provides the only Hebrew Day School
west of the San Diego Freeway and that the enrollment has
increased such that the faciities available within the Sunset
Park Church are insufficient to meet the anticipated enrollment
for September 1981. Claimant also states that if these
structures cannot be erected, "some 50 children and their parents
will be denied the educational experience of their choice".
According to claimant the classrooms do not require sewer
hookups, will have no material impact on the environment in that
the classroom will border only other schools and the church, and
will result in minimal annoyance in construction.
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
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perform substantial
reliance thereon.
work or incur substantial liabilities in
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 moratorium to claimant's
project would result in an unfair hardship to claimants, an
exemption on the basis of unfair hardship should be granted.
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