Item 7-A

Planning Commission: 4/16/97                 Santa Monica, CA

TO:       The Honorable Planning Commission

FROM:          Planning Staff

SUBJECT:  TPC #330, VTTM #52300, 10-Unit Tenant-Participating
          Conversion 

          Address: 924 5th Street
          Zoning: R2NW
          Owner(s): Eugene D. Temkin

Background:  This is an application for approval of a Tenant-Participating Conversion (TPC) submitted under the provisions of
the Tenant Ownership Rights Charter Amendment (TORCA) approved by
the voters of the City of Santa Monica in June 1984 and amended
in November 1990 and June 1992.  As required by the provisions of
TORCA, the public hearing held by the Planning Commission on the
TPC application is held simultaneously with the hearing on the
tentative map for the conversion.

The subject property is a two-story, ten-unit apartment building
constructed in 1961.  Units 1-8 have one bedroom each; unit # 9
has two bedrooms and unit #10 is a three-bedroom unit.  All units
contain a full bath.  Eleven parking spaces were required at the
time of the original building permit in 1961 and are provided on-site.  The parking is located in three areas; seven spaces are
within an enclosed garage (two spaces at the front of the
property and five at the rear) and four at-grade uncovered
parking spaces are accessed from the 4th Court Alley.  Upon
conversion to condominium and if not in conflict with on-going
tenant lease agreements, each unit will be assigned the exclusive
use of one parking space each with two spaces allocated to unit
#10.  There are no vacant units.  One senior tenant resides at
this property.

The required building inspection report did not identify any
existing health or safety issues which would require a special
condition by the Planning Commission.

The Planning Commission may deny this application ONLY upon a
specific finding that the proposed conversion fails to meet the
requirements of Article XX of the City Charter (TORCA) or the
State Subdivision Map Act or is the result of fraud,
misrepresentation, or threat or similar coercion.  

Staff requests the Planning Commission review this application
with respect to Charter Amendment XX, Section 2003(c).  This
section requires the applicant to provide the tenants with
certified notice of the owners' intent to convert the property
and a tenant information handbook, forty-five days prior to
filing an application with the City Planning Division.  This
initial time period allows the tenants a chance to familiarize
themselves with the process, confirm their rights as renters, and
research any questions they may have with City staff.  The
applicant has certified that this information was mailed to all
tenants, three years prior to the July 1, 1996 application file
date (March 22, 1993).  It is unusual for the notices to be sent
more than six months in advance of the application filing,
however the City Attorney's office advised staff that the
application should not be deemed incomplete solely on the
noticing issue. 

Staff believes the applicant has met the spirit of the law as
shown by the percentages of tenants signing the agreement to
convert forms and intent to purchase forms.  Eight of the ten
tenants have remained tenants since the first mailing notice, and
the two remaining tenants have signed affidavits indicating they
support the conversion and received the a copy of the tenant
information booklets.

Staff recommends approval with the findings and conditions set
forth below.

Summary Information

     Number of Total Units    10

     Units with Cosigning Tenants  8 (80% of total units)

     Units with Tenants Signing    7 (70% of total units)
     Intent to Purchase

     Units with Senior or one Senior tenant Disabled Tenants          

     Estimate of Conversion Tax    54,000 on sale of all units

     Owner(s)       Eugene D. Temkin

     Last Hearing Date        May 1, 1997
     per Sub. Map Act

Building Qualification:  The subject building is a Qualifying
Building per Section 2001(m) of Article XX of the City Charter,
as declared by the applicant and confirmed by the City Planning
Division, the Building and Safety Division and the Rent Control
Administration office.

Objections:  No objections or signature rescissions to this
Tenant-Participating Conversion were filed with the City within
the 30-day objection period following notification to all build-
ing tenants of the Tenant-Participating Conversion Application,
nor were any objections received prior to the time of
distribution of this report to Planning Commissioners.

Additional Information:  Additional information may be found in
the attached portions of the Tenant-Participating Conversion Ap-
plication and Tentative Map Application.

Analysis/Recommendation:  A Tenant-Participating Conversion,
along with any required tentative map, may only be denied if it
fails to meet the requirements of Article XX of the City Charter,
is the result of fraud, misrepresentation, or threat or similar
coercion, or fails to meet any mandatory requirement of the Sub-
division Map Act.

In that this application meets the requirements of Article XX and
all mandatory requirements of the State Subdivision Map Act,
staff respectfully recommends that Tenant-Participating Conver-
sion TPC #330 and Vesting Tentative Tract #52300 be approved with
the following findings and conditions:

TENANT-PARTICIPATING CONVERSION FINDINGS

1.   This Tenant-Participating Conversion Application meets the
     requirements of Article XX of the City Charter of the City
     of Santa Monica along with all mandatory requirements of the
     Subdivision Map Act of the State of California.  [reference
     Section 2004, Article XX]

2.   The Tenant-Participating Conversion Application has been
     deemed complete and accepted for filing.  At the time of
     filing it met the requirements of Section 2002 of Article XX
     of the City Charter for a complete application.  The subject
     application:

       (a) Identifies the building, its owner and tenants, and
           contains a declaration that such building is a
           qualifying building, the specific details of which are
           incorporated into these findings by reference.

       (b) Sets forth, for each tenant occupied unit, the follow-
           ing sales information, which is incorporated into
           these findings by reference:

             1) The maximum sales price for each unit.
             2) If seller financing is offered, the minimum
                amount to be financed, the minimum down payment,
                the maximum rate of interest and the minimum term
                of the loan offered by the seller.

       (c) Sets forth, for each unit, the following common area,
           maintenance and budget information, which is incorpo-
           rated into these findings by reference:

             1) The plan for the assignment and use of all park-
                ing spaces.
             2) The plan for the use of all common area
                facilities.
             3) The occupancy and management plans and policies.
             4) A list of all repairs and alterations, if any,
                which will be performed before the close of the
                first escrow and a temporary relocation assis-
                tance plan, if any, that will be offered to ten-
                ants impacted by the repairs and alterations
                while they are being performed.
             5) The plan for allocating costs and expenses for
                the building.
             6) A prepared monthly maintenance budget based upon
                actual maintenance expenses for at least the pre-
                ceding two years plus a reserve fund which states
                the monthly maintenance assessment for each unit.
             7) The procedures for the allocation and use of such
                reserve funds.

       (d) Contains a declaration with the following information:

             1) That there has been a building inspection report
                of the accessible portions of the entire build-
                ing, including but not limited to, the roof,
                walls, floors, heating, air conditioning, plumb-
                ing, electrical systems or components of a simi-
                lar or comparable nature, and recreational
                facilities of the building prepared by a Building
                Inspection Service or similar agency within the
                preceding four (4) months.
             2) That, for each tenant occupied unit, a written
                statement setting forth any substantial defects
                or malfunctions identified in the building in-
                spection report regarding the unit and the common
                areas has been delivered to the unit or a tenant
                occupying the unit.
             3) That, for each tenant occupied unit, a copy of
                the complete building inspection report has been
                delivered to the unit or a tenant occupying the
                unit.
             4) The building is used for residential rental pur-
                poses and no eviction has occurred pursuant to
                Government Code Section 7060 et seq. ("the Ellis
                Act") within a five (5) year period prior to the
                filing of an application for Tenant-Participating
                Conversion.
             5) No eviction has occurred pursuant to Section 1806
                (h) of the Charter (relating to eviction for pur-
                poses of owner occupancy or occupancy by relative
                of the owner) within a two (2) year period prior
                to the filing of an application for Tenant-Participating Conversion.
             6) In obtaining the signatures of cosigning tenants
                and intending to purchase tenants, I/we, as
                owner(s) of the building described in this ap-
                plication, neither offered nor agreed to pay mon-
                ey or other financial consideration to par-
                ticipating tenants if the tenants would release
                all rights that they had to purchase a rental
                unit in the building.
             7) That the signature of each cosigning tenant was
                obtained only after the delivery, in writing, to
                such tenant of the information required in Sub-
                section (a), (b), (c), (d), and (e) of Section
                2002 of Article XX of the City Charter.
             8) That all lawful notices have been given of the
                application for conversion.
             9) That in obtaining the signatures of cosigning
                tenants and intending to purchase tenants,
                neither the owner nor the owner's agent or rep-
                resentative coerced a tenant to sign by threaten-
                ing that the owner, or any successor thereof,
                would cease operating the property as residential
                rental property pursuant to Government Code Sec-
                tion 7060 et seq. ("the Ellis Act") if the pro-
                posed conversion of the building pursuant to Ar-
                ticle XX of the City Charter did not occur.
            10) That no less than forty-five (45) days prior to
                obtaining the signatures of cosigning tenants and
                intending to purchase tenants, the person intend-
                ing to gather the requisite tenant signatures
                notified all tenants residing at the owner's
                property by certified mail on a form approved by
                the City of his or her intent to obtain the sig-
                natures and provided these tenants with the in-
                formational booklet prepared by the City discuss-
                ing the TORCA process, addressing the tenants'
                legal rights and obligations under TORCA, and
                informing the tenants of upcoming seminars.
          11)       That, for each tenant occupied unit, a Tenant
                    Intent to Purchase has been delivered to the
                    unit or a tenant occupying the unit.

       (e) Sets forth the form of tenant ownership for which the
           application is submitted.

       (f) Has attached to the application Tenant Agreement to
           Conversion Forms, signed by cosigning tenants occupy-
           ing 80% (not less than two-thirds) of the total number
           of residential units in the building.  The application
           indicates whether the cosigning tenants have an
           economic relationship with or are related by blood or
           marriage to the owner.

       (g) Identifies the cosigning tenants and the units occu-
           pied by such tenants and lists all other tenants known
           to the owner in the building and the units they
           occupy.

       (h) Has attached to the application Statements of Tenant
           Intent to Purchase, signed by Intending to Purchase
           tenants occupying 70% (not less than fifty percent) of
           the total number of residential units in the building.

3.     The following procedures have been followed in the pro-
       cessing of this Tenant-Participating Conversion
       Application:

       (a) No less than forty-five (45) days prior to obtaining
           the signatures of cosigning tenants and intending to
           purchase tenants, the person intending to gather the
           notified requisite tenant signatures has first noticed
           all tenants residing at the owner's property by
           certified mail on a form approved by the City of his
           or her intent to obtain the signatures and with the
           notification has provided an informational booklet to
           these tenants prepared by the City discussing the TOR-
           CA process, addressing the tenants' legal rights and
           obligations under TORCA, and informing the tenants of
           upcoming TORCA seminars.  The notification form
           prepared by the City was in substantial compliance
           with the form and substance as prescribed by Section
           2003(a) of Article XX of the City Charter.

       (b) A Tenant-Participating Conversion Application was
           deemed complete and accepted for filing by the City
           and meets the requirements of Section 2002 of Article
           XX of the City Charter.

       (c) The Tenant-Participating Conversion Application was
           submitted to the City for filing by the owner on July
           1, 1996, not less than forty (40) days prior to the
           owner's submittal to the City for filing of the
           application for the tentative subdivision map on
           February 25, 1997, filed under the Subdivision Map Act
           of the State of California.  No application for any
           required tentative subdivision or tentative parcel map
           has been deemed complete and accepted for filing as
           provided in Section 2003(c) of Article XX of the City
           Charter unless the Tenant-Participating Conversion
           Application has also been deemed complete and accepted
           for filing.  The Tenant-Participating Conversion
           Application may have been submitted for filing
           simultaneously with the service of the Notice of
           Intent to Convert required by the Subdivision Map Act
           of the State of California.

       (d) Within five (5) days of deeming the Tenant-Participating Conversion Application complete and
           accepting it for filing, the City sent notice to every
           tenant in the building stating that a Tenant-Participating Conversion Application had been filed
           and that any objections thereto may be filed with the
           City within thirty (30) days from the date of the
           notice.

       (e) Upon deeming the application for the required tenta-
           tive subdivision map complete and accepted for filing,
           or if no such map was required, at the end of forty
           (40) days from deeming a Tenant-Participating
           Conversion Application complete and accepted for
           filing, the Tenant-Participating Conversion Applica-
           tion and any required map were scheduled for hearing
           and processed in accordance with the procedures for
           the processing of subdivision maps.  The City and the
           applicant may have agreed to extend the time period
           required for processing.

TENTATIVE MAP FINDINGS

1.     The proposed subdivision, together with its provisions for
       its design and improvements, is consistent with the
       applicable 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 six-
       ty (60) days prior to the filing of the tentative map pur-
       suant 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 Sub-
       division 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 com-
       ply 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 inten-
       tion to convert prior to any termination of tenancy due to
       the conversion or proposed conversion.  This will not al-
       ter 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 Sec-
       tion 11018.2 of the Business and Professions Code, unless
       the tenant gives prior written notice of his or her inten-
       tion 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 Guide-
       lines for Implementation of the California Environmental
       Quality Act (Article 5.a) as a Class 1 exemption.

CONDITIONS

1.     The owner shall agree to each condition imposed in connec-
       tion with the approval of a Tenant-Participating Conver-
       sion Application.  Written consent shall be filed prior to
       the approval of the required final subdivision/parcel map,
       or if no such map is required, within six (6) months from
       the date of approval of the Tenant-Participating
       Conversion Application and shall be in a form approved by
       the City Attorney.  The filing of such written consent
       shall constitute an agreement, with the City of Santa
       Monica and each participating tenant, binding upon the
       owner and any successors in interest, to comply with each
       and every condition imposed in connection with approval of
       this Tenant-Participating Conversion Application.  The
       City and any participating tenant shall have the right to
       specific enforcement of this Agreement in addition to any
       other remedies provided by law.

2.     The owner shall offer and continue to offer the exclusive
       right to purchase each rental unit in the building to the
       participating tenant thereof upon the terms set forth in
       the application, without change, for a period of not less
       than two (2) years from the date of final approval by the
       California Department of Real Estate or the date the first
       unit in the building is offered for sale, if no approval
       by the California Department of Real Estate is required. 
       Unless a participating tenant has already provided the
       owner with written acceptance of the offer, the Tenant's
       Sale Price may be adjusted at the beginning of the second
       year according to any change reflected in the Price Index
       [as defined in Section 2001(k) of Article XX of the City
       Charter] occurring during the proceeding year.  Upon the
       written acceptance of the offer by the participating ten-
       ant at any time within the two (2) year period, escrow
       shall open within thirty (30) days from the written accep-
       tance by the participating tenant.  Unless otherwise
       agreed by the parties, the period of the escrow shall not
       exceed sixty (60) days.

3.     No participating tenant shall at any time after the
       approval of this Tenant-Participating Conversion
       Application be evicted for the purpose of occupancy by the
       owner, occupancy by any relative of the owner, or for
       demolition of the unit.  In the event the participating
       tenant does not exercise his or her right to purchase
       within the time period set forth, the owner may transfer
       the unit without any price restriction to the
       participating tenant or any other person.  However, in the
       event such transfer is to someone other than the
       participating tenant, the transfer shall be expressly made
       subject to the rights of the participating tenant to
       continue to occupy the unit as provided for in Article XX
       of the City Charter.

4.     Each unit shall at all times remain subject to all terms
       and conditions of Article XVIII of the City Charter,
       except Section 1803(t), before, during and after any
       Tenant-Participating Conversion.  If any unit is rented,
       the maximum allowable rent for each unit shall be no
       greater than the maximum allowable rent allowed under
       Article XVIII of the City Charter.

5.     The building may be required to comply only with the
       applicable laws, including the building, safety, and
       zoning codes, which were in effect as of the date the
       building was constructed.  No new, additional requirements
       including, but not limited to, parking, room size, or
       interior or exterior improvements of any kind, may be
       imposed as a condition, either directly or indirectly, of
       the Tenant-Participating Conversion.  Notwithstanding the
       above, the City may impose reasonable health or safety
       requirements consistent with Article XX of the City
       Charter upon such buildings provided that such
       requirements uniformly apply to all similar multi-residential structures in the City of Santa Monica,
       regardless of the form of ownership of the building.

6.     Prior to the approval of the required final subdivision/
       parcel map for the Tenant-Participating Conversion, or if
       no such map is required, prior to the filing of the writ-
       ten consent required by Condition 1 above, each par-
       ticipating tenant shall be informed in writing, in a form
       approved by the City, of his or her rights under Article
       XX of the City Charter.

7.     All non-purchasing Participating Tenants who were senior
       citizens or disabled on the date of filing the Tenant-Participating Conversion Application and who personally
       occupied a rental unit in this qualifying building con-
       tinuously for at least six (6) months immediately preced-
       ing the date of the filing of this Tenant-Participating
       Conversion Application shall have the nonassignable right
       to continue to personally reside in their unit as long as
       they choose to do so subject only to just cause evictions
       provided that the eviction is not for the purpose of occu-
       pancy by the owner, occupancy by any relative of the
       owner, or for demolition of the unit.  In addition, should
       the maximum allowable rent provision of Article XVIII of
       the City Charter no longer apply, the rent for each such
       unit shall be adjusted annually to allow an increase of no
       more than the increase in the Price Index [as defined in
       Section 2001(k) of Article XX of the City Charter] plus a
       reasonable pro rata share of capital replacements for the
       building common areas or agreed to capital improvements
       for the building's common areas or agreed to capital im-
       provements for the unit, except where prohibited by Condi-
       tion 12.  Within sixty (60) days after the approval of
       this Tenant-Participating Conversion Application, any
       senior citizen participating tenant who is entitled to the
       protections of this condition may designate in writing the
       name of one person who is entitled to continue living in
       the rental unit under the same terms as the senior citizen
       if the senior citizen predeceases him or her and if the
       person designated is residing in the unit at the time of
       the death of the senior citizen.  The person designated by
       the senior citizen must be a lawful occupant of the unit,
       at least fifty-five (55) years of age on the date of the
       filing of this Tenant-Participating Conversion
       Application, and must have resided in the unit for a
       continuous period of six (6) months prior to the filing of
       the Tenant-Participating Conversion Application.

       All other non-purchasing Participating Tenants who
       personally occupied a rental unit in this qualifying
       building continuously for at least six (6) months
       immediately preceding the date of filing of this Tenant-Participating Conversion Application shall be given the
       nonassignable right to continue to personally reside in
       their unit subject only to just cause eviction for a
       period of five (5) years from the date the first unit is
       offered for sale.  No eviction shall be allowed during
       this time period except for just cause provided the
       eviction is not for the purpose of occupancy by the owner,
       occupancy by any relative of the owner, or demolition of
       the unit.  In addition, during this time period, should
       the maximum allowable rent provisions of Article XVIII of
       the City Charter no longer apply, the rent for each unit
       shall be adjusted annually to allow an increase of no more
       than the increase in the Price Index [as defined in
       Section 2001(k) of Article XX of the City Charter] plus a
       reasonable pro rata share of capital improvements for the
       building's common areas or agreed to capital improvements
       for the unit, except where prohibited by Condition 12.

       All rights under this condition shall expire upon the
       termination of the landlord-tenant relationship between
       the owner and the participating tenant entitled to the
       protections of this condition.

       For purposes of this condition, "just cause" means one of
       the reasons set forth in Subsections (a) through (g) of
       Section 1806 of the City Charter.

       This condition shall be interpreted in accordance with
       Santa Monica City Attorney Informal Opinion Number 84-57.

8.     Non-purchasing Participating Tenants shall not be subject
       to eviction pursuant to Government Code Section 7060 et
       seq. ("the Ellis Act").

9.     The owner shall pay the Tenant-Participating Conversion
       Tax in the manner required by Section 2008 of Article XX
       of the City Charter.

10.    No owner shall close the first escrow without completing
       the repairs and alterations agreed to pursuant to Section
       2002(c)(4) of Article XX of the City Charter.  The time to
       complete the repairs and alterations may be extended for a
       period not to exceed ninety (90) days if the tenant pur-
       chasing the first unit agrees to the extension and the
       owner provides a bond approved by the California
       Department of Real Estate in an amount sufficient to cover
       the cost of the work yet to be completed.  The Building
       Officer of the City of Santa Monica may authorize a
       further extension of time to complete the repairs and
       alterations upon finding that the owner has diligently
       sought to make the repairs during the initial extension
       period and that additional time is reasonable required to
       complete the work.

       In addition to any other remedy provided by law, for each
       consecutive calendar day that an owner fails to complete
       the repairs and alterations agreed to pursuant to Section
       2002(c)(4) of Article XX of the City Charter in a timely
       manner, the owner shall be liable to the City in the
       amount of two hundred fifty dollars ($250.00) for the
       first day and one hundred dollars ($100.00) per day for
       each day thereafter.  No penalty imposed under this Sub-
       section shall exceed two (2) times the cost of the repairs
       or alterations that were not timely completed by the
       owner, but in no event shall the penalty be less than
       $250.00.

11.    Prior to the filing and approval of the Tenant-Participating Conversion Application by the Planning
       Commission or City Council on appeal, no participating
       tenant shall offer or agree to release all rights that he
       or she has to purchase a rental unit in the building in
       return for receiving money or other financial
       consideration from the owner.

12.    The maximum allowable rent of non-purchasing participating
       tenants shall not at any time after the approval of the
       Tenant-Participating Conversion Application be increased
       due to capital expenditures incurred at the building as
       listed in the Tenant-Participating Conversion Application
       or as conditions of the conversion approved by the Santa
       Monica Planning Commission or by the City Council on
       appeal.

13.    The requirements of these conditions shall be set forth in
       the Declaration of Covenants, Conditions, and
       Restrictions, or equivalent document, and shall
       specifically name the participating tenants in each unit
       entitled to the benefits and protections of Article XX of
       the City Charter.  The City Attorney shall review and
       approve for compliance with Article XX the Covenants,
       Conditions, and Restrictions, or equivalent documents,
       prior to the approval of the required final 
       subdivision/parcel map, or if no such map or final parcel
       map is required, prior to the filing of the written
       consent required by Subdivision(b)(1) of this Section.  To
       the extent applicable, the requirements of Article XX
       shall be made a part of the rental agreement with the
       participating tenants.

14.    The Declaration of Covenants, Conditions, and Restric-
       tions, or equivalent document, shall contain a non-discrimination clause in substantially the following form:

       "No unit owner shall execute or file for record any
       instrument which imposes a restriction upon the sale,
       leasing or occupancy of his or her unit on the basis of
       sex, race, color, religion, ancestry, national origin,
       age, pregnancy, marital status, family composition,
       handicap, Acquired Immune Deficiency Syndrome (A.I.D.S.),
       sexual orientation, or the potential or actual occupancy
       of minor children.  The association shall not discriminate
       on the basis of sex, race, color, religion, ancestry,
       national origin, age, pregnancy, marital status, family
       composition, handicap, Acquired Immune Deficiency Syndrome
       (A.I.D.S.), sexual orientation, or the potential or actual
       occupancy of minor children."

15.    Approval of this Tenant-Participating Conversion
       Application shall expire if the required final subdivision
       map is not approved within the time period set forth in
       the Subdivision Map Act of the State of California, or if
       no such map is required, if the written consent required
       by Condition 1 is not filed within the required time
       period.

16.    The tentative subdivision/parcel map shall expire 24
       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 approv-
       al.  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.

17.    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.

18.    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.

19.    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.


20.    For information purposes, the following persons are
       identified in the application as participating tenants:
           Unit 
           1        John Tank
           2        Rocio Galarza
           3        Cecilia Santos
           4        Agnes Sharp
           5        Richard Konigsberg
           6        Peter Oldfield
           7        Daniel Flores
           8        Ceda & Norma Vlatkovich
           9        Estella Zuniga
          10        Morton Roness

ATTACHMENTS (available at the Planning Counter in Santa Monica
City Hall Room 111): 
                    A. Summary Cover Sheet
                    B. Unit/Tenant Info.
                    C. Seller Financing Info.
                    D. Parking Plan
                    E. Summary CC+R's
                    F. Tenant Notice
                    G. Repairs and Alterations
                    H. Radius Map 
                    I. Tract Map
                    J. Letter from Applicant dated August 7, 1996
                    K. Tenant Letters

Prepared by:  Karen Ginsberg, Planning Manager, David Martin,
Acting Senior Planner, Gina Szilak, Assistant Planner