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City Council Meeting 6-9-81
JUN 9 i9 Hi
Santa Monica, California
STAFF REPORT
TO: Mayor and City Council
FROM: City Attorney
SUBJECT: Request of Robert 0. McGuirk to Extend Tentative
Tract Map Number 36811 Pending Litigation
Robert O, McGuirk has made application with the City of
Santa Monica to stay the time period for expiration of Tentative
Tract Map Number 36811. The request is purportedly made pursuant
to Government Code Section 66452.6(c). Government Code Section
66452.6(c) authorizes a city to adopt an ordinance establishing
procedures for reviewing requests of subdividers to stay the time
period for expiration of a tentative map during the pendency of
any court action involving the approval or conditional approval
of a tentative map.
The request for extension made by Mr. McGuirk cannot be
granted for two reasons. First, the City of Santa Monica has not
adopted an ordinance establishing procedures for such requests.
Under the Subdivision Map Act, the City can process such requests
only after it adopts a procedural ordinance and there is no
mandatory requirement that such an ordinance be adopted. Second,
the litigation commenced by Mr. McGuirk does not involve the
approval or conditional approval of his tentative subdivision
map. The litigation primarily concerns application of the Santa
Monica Rent Control Charter Amendment to his project and
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incidentially concerns the provision of the Emergency Building
Moratorium mandating denial of tentative subdivision map
extensions,
RECOMMENDATION
For the foregoing reasons,
that the request for a stay of
subdivision map be denied.
it is respectfully recommended
the expiration of the tentative
PREPARED BY: Robert M. Myers, City Attorney
-2-
Santa Monica, California, June 9, 1981
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Appeal, Request for Extension, Tentative Map No. 36811,
Six-Unit Condominium Conversion, 1226 Franklin Street,
Robert McGuirk
Introduction
This report transmits an appeal from the Planning Commission's
failure to approve an extension of a Tentati;~e Tract Map.
Background
The appellant has a Tentative Tract Map for a 6-unit condominium
conversion which expired :day 19, 1981 after the Planning Commis-
sion failed to extend the Map further on May 4, 1981. A motion
to deny the extension failed to carry with two ayes, two abstentions
and three absences. On May 18, 1981 the applicant appealed the
Commission's action.
Recommendation
Under the moratorium ordinance the Planning Commission may not grant
an extension of a Tentative Map and it logically follows that the
City Council would also be precluded from such approval. It is
respectfully recommended that the appeal be denied on the basis of
Ordinance No. 1207.
Prepared by: James Lunsford
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SHERMAN t. STACEY ~,~j Ip b
A PROFESSIONAL LAW CORPORATION p,~~D/
133> OCEAN AVENUE J`D
.SANTA MONICA, CALIFORNIA 9040( + ~A9RryE~a cone z13
1 1 ~' 6 / [[ -1163
1
May 13, 1981
City. Council
City of Santa Monica
1685 Main Street
Santa Monica, California 90401 -
Re: Tract Map No. 3681
Dear Council:
On behalf of and as attorney for Robert O. McGuirk,..
I appeal the failure of the Planning Commission to take action
on the request for extension of tentative tract map n0. 36811.
Very truly yours,
SLS:kb
ce: Robert McGuirk
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SHEaRMZMAN L. STAC
~7F
SHERMAN L. STACEY
A PROFESSIONAL LAW CORPORATION
1331 OCEAN AVENUE
AREA CODE 213
SANTA MONICA, CALIFORNIA 90401 3ga-1163
S
May 4, 1981 t
Planning Commission -
City of Santa Monica
1685 Main Street
Santa Monica, California ~ -
Rea Extension. of time for Map No. 36811
Robert McGuirk
Dear Commissioners:
On behalf of Robert McGuirk, the subdivider
in connection with tenative map no. 36811, I request that
you grant an extension of the time within which to file
the final map in accordance. with Government Code.-§66463.5,
On April 9, 3981, the Rent Control Board denied Mr. McGuirk`s
Application for Removal. I believe such denial was improper
as Mr. McGuirk presented adequate evidence supporting the
grant of such Application, Earlier today I filed a Petition
for Writ of Mandate in the Superior Court for Los Angeles
County seeking to reverse the decision of the Rent Control
Board.
Despite .the provisions of Section 2(c) of the
newly adopted ordinance no. 1207, I believe the Planning -
Commission should grant the extension to permit Mr. McGuirk
to pursue his legal remedies. The findings necessary to
approve the map were made by-the Planning Commission in the
past and no changes to the general plan for Santa Monica have
taken place which would affect such map.. Since the findings
necessary to approve or extend the map are the same today as
when originally approved, you should not deny the extension.
In reviewing this matter you act in the exercise of discretion
based upon evidence. I do not believe the Council-can direct
your findings upon the evidence.
Ve truly ours,
L/.
SHERMAN L. STACEY
SLS/sh
cc: Mr. Robert McGuirk