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SR 10-25-2022 5J City Council Report City Council Meeting: October 25, 2022 Agenda Item: 5.J 1 of 4 To: Mayor and City Council From: David Martin, Director, City Planning Subject: Adoption of a Resolution Approving Final Parcel Map No. 83173 for 1311 Third Street Promenade Recommended Action Staff recommends that the City Council adopt the attached resolution approving Final Parcel Map No. 83173 for a three-unit subdivision of an existing mixed-use building located at 1311 Third Street Promenade, which includes existing residential units, office space, and retail space to be separately leased, financed, or sold. Summary This report transmits for City Council approval a Final Parcel Map for a three-lot airspace subdivision of an existing mixed-use building located at 1311 Third Street Promenade for the purposes of separately leasing and financing the residential and commercial components of the building. All procedural steps have been followed and Council’s approval of the Final Map is the final step in the subdivision process. PARCEL MAP ADDRESS SUBDIVIDER UNITS 83173 1311-1313 3rd Street Prom Chris Jones, KPFF 3 The following table provides a brief summary of the project: Zoning District Downtown Community Plan – Bayside Conservation (BC) Parcel Area 22,509 SF Parcel Dimensions 150‘ W x 150‘ D Existing On-Site Improvements (Year Built) 70,224 SF, 3-Story Mixed-Use Building (1924) Rent Control Status 32 Controlled Units 5.J Packet Pg. 550 2 of 4 Historic Resources Inventory Status The Criterion Theater and Apartments is listed as eligible for listing as a Santa Monica Landmark (5S3) AHPP Compliance N/A Background On February 3, 2021, the Planning Commission approved the Vesting Tentative Parcel Map. In accordance with Santa Monica Municipal Code (“SMMC”) Section 9.54.070(G)(2), the Planning Commission’s decision could have been appealed to the City Council within 10 days; however, the City did not receive an appeal within that time frame. Additionally, pursuant to SMMC Section 9.39.020, no additional land use entitlements were required from the Planning Commission to approve the project. A timely filing of the Final Map was made to the County or City prior to the Map’s expiration date. According to Section 66452.6(d) of the Subdivision Map Act, once a timely filing is made to the County or City, subsequent actions of the local agency, but not limited to, processing, approving, and recording of a map, may lawfully occur after the map’s expiration date. Discussion The site is currently developed with a 3-story mixed-use building with a basement built in 1924 and consisting of residential and commercial uses. On November 9, 2012, an Administrative Approval was granted to allow for a remodel and a 7,490 SF addition to the existing building for general retail use. On December 23, 2020, the applicant submitted a Vesting Tentative Parcel Map application (20ENT-0314) to the City Planning Division, to create three air space parcels on one land lot improved with a mixed-used building located at 1311 Third Street Promenade in the Downtown Community Plan’s Bayside Conservation Zoning District. The purpose of the subdivision was to allow the residential and commercial components of the buildings to be separately leased or financed. The three airspace parcels would consist of the residential units, the office area, and the retail space. The 32 rent- 5.J Packet Pg. 551 3 of 4 controlled residential units would not be affected by the creation of the residential airspace parcel as its only purpose is to allow the residential component to be separately leased or financed. On February 3, 2021, after a public hearing and careful review of the record, including comments received and staff recommendations, the Planning Commission approved a Tentative Parcel Map for the property. The action of the Planning Commission to approve the Vesting Tentative Parcel Map was based on its findings that the proposed subdivision will have no significant environmental impact and is in conformance with all state and local laws and regulations, and applicable General Plan Elements. No appeal was filed to the City Council within the ten-day appeal period in accordance with SMMC 9.54.070(G)(2). The Final Map conforms to the Tentative Map. As a Vesting Tentative Parcel Map application, its associate approval confers a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards in effect at the time the vesting map is deemed complete by the City. In this case, the application was deemed complete on January 4, 2021, and, therefore, the development is subject to the development standards of the Zoning Ordinance (as amended) in effect at that time. The Final Map has been approved by the Los Angeles County Engineer’s office and certified by the City Engineer for conformance with the Tentative Map and conditions thereon, the Subdivision Map Act and local ordinance. The City Engineer’s office indicates that there are no required off-site public improvements. The City Attorney’s office has approved the Covenants, Conditions, and Restrictions for the Final Map as complying with the conditions of the Tentative Map and applicable laws. Finance Impacts & Budget Actions There is no immediate financial impact or budget action necessary as a result of the recommended action. 5.J Packet Pg. 552 4 of 4 Prepared By: Becky Cho, Associate Planner Approved Forwarded to Council Attachments: A. CCD - Reso - Final Parcel Map 1311 Third Street Promenade (No. 83173) - 102522 5.J Packet Pg. 553 City Council Meeting: October 25, 2022 Santa Monica, California RESOLUTION NUMBER _________ (CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING THE FINAL SUBDIVISION MAP FOR PARCEL NO. 83173 TO SUBDIVIDE A PROPERTY AT 1311 THIRD STREET PROMENADE WHEREAS, on February 3, 2021, the Santa Monica Planning Commission approved a vesting tentative parcel map to create a three-unit subdivision of an existing mixed-use building located at 1311 Third Street Promenade, which includes existing residential units, office space and retail space to be separately leased, financed, or sold; and WHEREAS, a timely filing of a final parcel map was made to the County of Los Angeles prior to expiration of the vesting tentative parcel map; and WHEREAS, pursuant to Section 66452.6(d) of the Government Code, if a timely filing of a final map is made to the City or County, then the City may process, approve, and record a final map after the expiration of the vesting tentative map; and WHEREAS, the final parcel map conforms to the vesting tentative parcel map; and WHEREAS, the City Council finds that the proposed subdivision is consistent with the applicable general and specific plans. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. That the Final Map for Parcel No. 83173 in the City of Santa Monica is hereby accepted and approved. SECTION 2. That the City Clerk hereby is authorized and directed to endorse 5.J.a Packet Pg. 554 Attachment: CCD - Reso - Final Parcel Map 1311 Third Street Promenade (No. 83173) - 102522 [Revision 1] (5381 : Final Map for 1311 Third upon the face of said Map this order authenticated by the Seal of the City of Santa Monica. SECTION 3. That the City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: _________________________ DOUGLAS SLOAN City Attorney 5.J.a Packet Pg. 555 Attachment: CCD - Reso - Final Parcel Map 1311 Third Street Promenade (No. 83173) - 102522 [Revision 1] (5381 : Final Map for 1311 Third