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sr-060981-6iRM M :~>, 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 JJN g` 993'1 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 JL:lk ~g ~G¢.~-a~ 5 -13 - ~' f 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 /l~ 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