Planning Commission Mtg: March 6, 1996 TO: The Honorable Planning Commission FROM: Planning Staff SUBJECT: Request for an Extension of Vesting Tentative Tract Map No.51738 For Tenant-Participating Conversion (TPC-305) to Permit Conversion of A Six-Unit Apartment Building To Condominiums. Address: 914 20th Street, R2 Applicant: Alojzy Pieczulis INTRODUCTION Action: Request for an extension of the previous approval of Vesting Tentative Tract Map No. 51738 to allow the conversion of a six-unit apartment building to condominiums under the provisions of the Tenant Ownership Rights Charter Amendment (TPC-305). Recommendation: Approval of a one year extension of Vesting Tentative Tract Map No.51738 with extension of vested rights for TPC-305. Subdivision Action Deadline: March 6, 1996 SITE LOCATION AND DESCRIPTION The subject property is an 8,000 square foot parcel located on the west side of Twentieth Street between Idaho and Washington Avenues having a frontage of 50 feet. Surrounding uses consist of Low Density Residential (R2) to the north, south, east, and west. Existing on-site uses include a six-unit apartment building. Zoning District: R2, Low Density Multiple Family Residential District Land Use District: Low Density Housing Parcel Area: 50' x 160' = 8,000 square feet MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE As per the requirements of Article XX, the Tenant Ownership Rights Charter Amendment (TORCA), the building may be required to comply only with the applicable laws, including building, safety, and zoning codes, which were in effect as of the date the building was constructed. The subject building conforms to the applicable laws in effect at the time of construction. CEQA STATUS The project is categorically exempt from the provisions of CEQA, pursuant to Class - 1 (k) of the State Guidelines in that the project is the division of existing multiple family rental units into condominiums. HISTORIC RESOURCES INVENTORY STATUS The existing building on the project site is not identified in the City's Historic Resources Inventory. RENT CONTROL STATUS There are six rent-controlled properties located on the subject property. FEES The project is not subject to any special Planning and Zoning related fees. PUBLIC NOTIFICATION In addition, pursuant to Municipal Code Section 9.04.20.22.050, notice of the public hearing was mailed to all owners and residential and commercial tenants of property located within a 300 foot radius of the project at least ten consecutive calendar days prior to the hearing. A copy of the notice is contained in Attachment B. ANALYSIS Background The Planning Commission approved Tenant Participating Conversion, TPC-305 and Vesting Tentative Tract Map No.51738 on October 27, 1993. The applicant requested an extension prior to expiration of the Vesting Tentative Tract Map on November 6, 1995. According to the applicant, a long delay in review of the map by the County combined with the applicant's attention to other earthquake damaged buildings which he owns prevented the applicant from obtaining City Council approval of the Final Map prior to tentative map expiration. The applicant is requesting a one year extension of the map to allow adequate time to finish processing the project. Pursuant to Condition 15 of the original approval, the term of TPC-305 is tied to the tentative map term. Therefore, TPC-305 only expires if the tentative map expires. The subject property is a one- and two-story, six-unit apartment building. There are five units with one bedroom, one bathroom and one unit with two bedrooms, one and three-quarters bathrooms. Five parking spaces are provided, which was the same number required when the original building permit was issued in 1952. All units, except Unit A, will be entitled to one parking space. There are no senior citizens nor disabled persons living at this property. There were no vacant units at the time of the original application. The Planning Commission may approve an extension to the tentative map of up to three years. The "sunset" clause of Article XX prohibits submission of any new TORCA projects after July 1, 1996; however, prior to that date, processing of any new TORCA applications could continue for an additional three years or more. Staff believes the request for a one year extension is a reasonable one which would give the applicant adequate time to complete processing of the TORCA application. RECOMMENDATION Vesting Tentative Tract Map No.51738 meets all mandatory requirements of the Subdivision Map Act, and therefore, staff recommends that Vesting Tentative Tract Map No.51738 be approved with the following findings and conditions: TENTATIVE MAP FINDINGS 1. The proposed subdivision, together with its provisions for its design and improvements, is consistent with the ap- plicable general and specific plans as adopted by the City of Santa Monica. [Reference California Government Code Section 66473.5 and Santa Monica Municipal Code Section 9.20.14.030(a)] 2. The owner(s) and each tenant on the subject property received copies of this staff report and recommendation at least three (3) days prior to this public hearing. 3. Notification of this hearing has been in conformance with Section 9.20.14.010 of the Santa Monica Municipal Code. 4. Each of the tenants of the proposed conversion project has received, pursuant to Government Code Section 66452.9, written notification of intention to convert at least sixty (60) days prior to the filing of the tentative map pursuant to Section 66452. Each such tenant, and each person applying for the rental of a unit in such residential real property, has, or will have, received all applicable notices and rights now or hereafter required by the Subdivision Map Act. Each tenant has received or will receive ten (10) days written notification that an application for a public report will be, or has been, submitted to the Department of Real Estate, and that such report will be available on request. The written notices to tenants shall be deemed satisfied if such notices comply with the legal requirements for service by mail. 5. Each of the tenants of the proposed conversion project has been, or will be, given written notification within ten (10) days of approval of a final map for the proposed conversion. 6. Each of the tenants of the proposed conversion project has been, or will be, given 180 days written notice of intention to convert prior to any termination of tenancy due to the conversion or proposed conversion. This will not alter or abridge the rights or obligations of the parties in performance of their covenants, including, but not limited by Sections 1941, 1941.1, and 1941.2 of the Civil Code, and set forth herein as conditions of approval. 7. Each of the tenants of the proposed conversion project has been, or will be, given notice of an exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions that such unit will be initially offered to the general public or terms more favorable to the tenant. The right will run for a period of not less than ninety (90) days from the date of issuance of the subdivision public report pursuant to Section 11018.2 of the Business and Professions Code, unless the tenant gives prior written notice of his or her intention not to exercise the right. This will not alter or abridge the rights or obligations of the parties set forth herein as conditions of approval. 8. This project has been found to be categorically exempt from the California Environmental Quality Act of 1970 (Section 15301) and from the City of Santa Monica Guidelines for Implementation of the California Environmental Quality Act (Article 5.a) as a Class 1 exemption. CONDITIONS 1. The vesting tentative tract map shall expire 12 months after approval, except as provided in the provisions of California Government Code Section 66452.6 and Sections 9.20.18.010-9.20.18.030 of the Santa Monica Municipal Code. During this time period, the final map shall be presented to the City of Santa Monica for approval. If the tentative map is a vesting tentative map pursuant to California Government Code Section 66474.2, the provisions of Santa Monica Municipal Code Section 9.20.06.060 also shall apply. 2. The applicant shall comply with all requirements set forth in Government Code Section 66427.1, including notification of tenants regarding application for a public report to the Department of Real Estate and notification of tenants regarding approval of a final map for the conversion. 3. The developer/applicant shall provide the Engineering Department of the City of Santa Monica with one Dizal Cloth print reproduction and microfilm of each sheet of the final map after recordation. 4. The effective date of this action shall be ten (10) calendar days from the date of Planning Commission determination or, if appealed per Section 9.20.14.070 (SMMC), at such time as a final determination is made by the City Council.