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