sr-022680-7f7F
~E6 ~ 6 1980
Santa Monica, California, January 17, 1980
T0: Mayor and City Council
FROM: City Staff
SUBJECT: Appeal of the Planning Commission's Action in
.Extending a Tentative Tract Map
Introduction
This report transmits an appeal by Councilmember Ruth Yannatta
Goldway of the Planning Commission's extension of an expired
Tentative Tract Map for a 34 unit condominium.
Background
On September 11, 1978 the Planning Commission approved con-
struction of a new 34 unit condominium on a vacant property
at 2677 Centinela Avenue. A building permit was obtained and
construction commenced on March 5, 1979. Under the provisions
of the State Map Act a tentative Tract Map expires in one year
unless extended by the Planning Commission. No request for
extension was made until December 12, 1979, two months after
the expiration date of September 11, 1979. Inasmuch as the
building was approximately three-quarters finished, is in ac-
cordance with the current zoning regulations, the preliminary
public report had been issued and 31 of the 34 units had been
reserved, the Planning Commission granted the extension nunc pro
tunc on January 7, 1980. Councilmember Goldway, believing the
approval was contrary to law inasmuch as the Tentative Map had
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Mayor and City Council - 2 - January 17, 1980
expired prior to the date of extension, appealed the Planning
Commission's decision to the City Council.
Alternatives
The Planning Commission's extension was on the theory of nunc
pro tunc (now for then) on the basis that the extension would
undoubtedly have been granted had. the matter been considered
in September, that the project was substantially completed, not
in conflict with existing ordinances including the rent control
initiative and no public purpose would be served by reprocessing
the application. As the City Council may affirm, reverse or
modify any determination of the Planning Commission in regard
to a subdivision, the Council has the alternative of either sus=
taming the Planning. Commission's action or reversing it as the
appeal requests. Sustaining the Flanning Commission could still
leave the matter in doubt, whereas overturning the Commission
would eliminate the doubt but require the Planning Commission
to reprocess the subdivision. application.
Recommendation
In view of the uncertainty involved, it is respectfully recommended
that the Council grant the appeal and overturn the Planning Com-
mission's decision.
Prepared by: James Lunsford
JL:bt