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sr-072479-11cSanta Monica, California, July 13, 1979 f TO: The Mayor and City Council JUL c 4 5979 FROM: The City Staff SUBJECT: Appeal. of Extension, Tentative Tract Map No. 35504, 34 Unit Condominium Conversions, 937 - 12th Street, R3 Introduction This report transmits an appeal from the Planning Commission's attachment of a condition to a Tentative Map Extension. Background Under the State Map Act a Final Tract Map. must be filed within one year of approval of the Tentative Map unless an extension is granted by the Planning Commission. The Planning Commission may extend the Tentative Map for two 1 year periods but no more. The purpose of these requirements is to limit the duration of the rights granted under a Tentative Map to provide for changes in laws or conditions. On September 10, 1978 the Planning Commission approved the con- version of a 7 year old 34 unit apartment at 937 - 12th Street. The owners have proceeded to refurbish. the building, have installed a sales office with models and have proceeded to take reservations under a temporary public report issued by the State Real Estate Commission. On June 13, 1979 a one year extension was requested to complete the filing of a Final Map. On July 2nd the Planning Commission granted a one year extension with the condition that a determination of vested rights, certificate of exemption, or a removal permit from the Rent Control Board be obtained. The Jug 2 ~ ~s~s Mayor and City Council - 2 - July 13, 1979 applicant has appealed the attachment of .this condition on the basis that the project is virtually complete and the Planning Commission has no authority to attach the condition on an exten- sion. The State P4ap Act does not provide that extension of a Tentative Tract Map ~s mandatory on the part of the Planning Commission or specifically prohibits the-attachment of additional con- ditions. The obvious intent is to allow the Commission to de- cide to extend the time for filing a Final Map or terminate those rights. Inasmuch as the rent control'iaws have been enacted since the approval of the Tentative Map the Planning Commission has consistently applied the condition for vested rights, exemption or removal permit on all extensions since May. Alternatives The City Council is the appeals body from any determination by the Planning Commission in regard to a subdivision and may affirm, reverse or modify the Commission's decision. The Council may therefore grant the appeal and eliminate the condition or deny the appeal and leave it intact. In view of the Council's recent action in establishing vested rights criteria, no substantial justification exists for waiving the requirement. If no vested right exists, the project falls into the jurisdiction of the Rent Control Board. The Commission's requirement is clearly in accordance with applicable City laws relating to conversion. Mayor and City Council - 3 - July 13, 1979 Recommendation In view of the above, it is respectfully recommended that the appeal be denied and the condition imposed by the Planning Commission affirmed. Prepared by: James Lunsford JL:bt