sr-032580-7c- 1~
MAR ~ ~ 19~s;1
Santa Monica, California, March 14, 1980
TO: Mayor and City Council
FROPQ: The City Staff
SUBJECT: Appeal, Tentati~Le Tract Map Extension, Tentative
Tract Map No. 3$412, 120 Unit Condominium Con-
version, 1221 Ocean Avenue, C3, Wilshire West Co.
Introduction
This is an appeal from the Planning Commission's extension of a
Tentative Tract Map for a 120 unit condominium conversion. The
applicants specifically appeal requirements that approvals be
obtained from the Santa Monica Rent Control Board and the Cali-
fornia Coastal Commission as well as the limitation of the ex-
tension to only June 1, 1980 which they believe is unreasonably
short.
A prior appeal in time by Council Member William Jennings, ob-
jecting to any extension at all, was denied by the City Council
on March 11, 1980 by a vote of 4 to 3.
Background
On February 26, 1979 the City Planning Commission approved a
Tentative Tract Map for conversion of the 120 unit Champagne
Towers at 1221 Ocean Avenue from apartments to condominiums.
The only unusual physical requirement required of the conversion
was that substantial landscaping of both the Champagne Towers and
the General Telephone building be completed unless this requirement
was taken as part of the Arizona Plaza project which was not
yet approved. The Arizona project is now underway and the
SAAR 2 ~ 3~~H
Mayor and City Council - 2 - March 14, 1980
landscaping requirement was placed on that project by the
City Council.
On February 4, 1980 the Planning Commission granted an extension
of the Tentative Tract Map until June 1, 1980 on condition that
a Certificate of Exemption, removal permit or vested right be
obtained from the Santa Monica Rent Control Board as well as
Coastal Commission approval prior to approval of the Final Tract
Map. The applicant has appealed from these requirements as
being unreasonably short in the case of the June 1, 1980 dead-
line and that requiring approval of the Rent Control Board and
Coastal permission are not related to the design or improvement
of the subdivision. The applicant maintains that no conditions
are appropriate for extension of a Tentative Map.
The State Map Act provides that the Planning Commission may ex-
tend an approved Tentative Map for a period of up to two years
but provides no guidelines for the granting or denial of exten-
sions. The obvious intent of the extension procedure was to
allow the Planning Commission to provide additional time for com-
pletion of the Final Map where indicated or terminate those
rights if conditions warrant. As the Commission has the dis-
cretion to extend or deny, there should be no restriction in the
imposition of conditions created by new conditions or circum-
stances which the Commission believes advisable. The Commission's
action therefore appears to be in accordance with local and
State regulations.
Mayor and City Council
- 3 - March 14, 1980
The staff recommendation was for a one year extension on condition
that Rent Control and Coastal Commission permits be obtained.
The Planning Commission determined that the extension should be
only until June 1, 1980. The Commission vote was 5 to 1 with
one absence.
Alternatives
Inasmuch as the appeal in this instance is by the subdivider,
the City Council is not required to make an initial determination
as to whether the appeal should be heard. In the matter of an
appeal, the Council may affirm, reverse or modify the determination
of the Planning Commission and the decision of the City Council
shall be final. The Council may therefore grant the appeal and
modify any or all of the Planning Commission's restrictions
relating to the Rent Control Board, the Coastal Commission or
June 1st expiration date-or may deny the appeal and leave the
Commission's requirements intact.
Recommendation
It is respectfully recommended that the appeal be denied and
the determination of the Planning Commission affirmed.
Prepared by: James Lunsford
JL:bt