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.