Item No. 7B

Planning Commission Mtg: November 18, 1998 Santa Monica, California

TO: The Honorable Planning Commission

FROM: Planning Staff

SUBJECT: Vesting Tentative Tract Map 52232, Tenant Participating Conversion (TPC) 327

Address: 1133 15^th Street

Applicant: Law Offices of Paul C. DeSantis representing the property owners

INTRODUCTION

Action: Tentative Tract Map Extension (EX 98-002) application to extend the permit approvals for the conversion of a six unit apartment to a condominium through a Tenant-Participating Conversion (TPC 327) by extending the Vesting Tentative Map (VTTM) for two years from the previous expiration date of November 16, 1998. The property is located at 1133 15^th Street.

Recommendation: Adopt the attached resolution and approve modification to condition #11 of the previously approved Tract Map and TPC to extend the term of Vesting Tentative Tract Map 52232 and TPC 327 to November 16, 1999.

Subdivision Map Act Action Date: November 29, 1998

SITE LOCATION AND DESCRIPTION

The subject property is a 7,500 sq. ft. parcel located east of 15^th Street between California Avenue and Wilshire Boulevard at 1133 15^th Street. All surrounding uses consist of properties developed as multifamily residences within the R2 District.

Zoning District: R2 (Low Density Multiple Residential) District

Land Use District: Low Density Housing

Parcel Area: 7,500 sq. ft. (50' x 150')

Legal Description: Lot R Block 85 of the Town of Santa Monica

PROJECT DESCRIPTION

Background

The subject property contains a six unit apartment building constructed in 1976. The Planning Commission granted a request to convert these apartment units to condominium through the Tenants Owners Rights Charter Amendment (TORCA) process on November 6, 1996. The applicant is requesting an extension of the Vesting Tentative Map in order to extend the permit approvals for the project.

The TORCA law was adopted by the Santa Monica voters in June 1984, amended in November 1990 and June of 1992, and expired in June of 1996. The Planning Division continues to process applications that were filed and deemed complete prior to the sunset date. Because TORCA permits are tied to the subdivision map processing time lines, all rights vested with a TORCA approval lapse if the map expires. In this case, if the map is not extended, the property owners would lose the ability to convert the building to condominium units because the City no longer accepts new TORCA applications.

CEQA STATUS

The project is categorically exempt from the provisions of California Environmental Quality Act (CEQA), pursuant to Class 1(k) of the CEQA guidelines because the request is to extend approvals that allow the division of existing multiple family rental units into condominiums.

RENT CONTROL STATUS

The property received Rent Control clearance in 1996 for a TORCA conversion. This clearance is still in effect.

FEES

The project is subject to a TORCA lien tax due and payable upon the sale of each unit. A TORCA lien (12 x the maximum allowable rents (MAR's)for each unit) is recorded on the property prior the Final Tract Map approval by the City Council.

PUBLIC NOTIFICATION

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 included as B.

ANALYSIS

The applicant has requested this extension because of pending litigation between the current property owners. Additionally there are outstanding credit issues that have delayed refinancing the property. The applicant is therefore requesting the map extension so they may complete the necessary steps in the subdivision map process.

The applicant requests a two year extension of the tract map, however, staff is recommending a one year project extension from the VTTM's expiration date of November 16, 1998. If the map extension is approved by the Planning Commission with the time lines recommended by staff, the VTTM would expire on November 16, 1999. A one year extension is consistent with the other TORCA extensions granted by the Planning Commission, and believes this will allow a reasonable amount of time to complete the process. The next step in the application process would be for the applicant to submit a copy of the map to Los Angeles County for their review and then file this Final Map with the City Engineer prior to the November 16, 1999 expiration date.

The proposed tentative tract map is consistent with the requirements of the Santa Monica Municipal Code Section 9.20.18.020 which allows tract map extensions. The applicant filed a written request to extend the tentative map prior to the map's November 16, 1998 expiration date.

The Planning Commission may, at its discretion, extend for a maximum of three years, the time line for processing a tentative map. Staff is recommending that the map be extended to November 16, 1999, which will give the applicant approximately one year to resolve the pending litigation, secure financing and submit a Final Map to the City Engineer. Staff believes this is sufficient time for the applicant to proceed, however if further difficulties arise, the applicant could apply for a second extension for a period not to exceed an additional 2 years.

Conclusion

Proposed Vesting Tentative Tract Map 52232 is consistent with the previous project approvals granted under the Tenants Ownership Rights Charter Amendment (TORCA) and with Subchapter 9.20.18.020 (Tentative Subdivision Map Extensions) of the Zoning Ordinance. The granting of a one year extension is consistent with previous TORCA extensions granted by the Planning Commission.

RECOMMENDATION

Staff recommends that the Planning Commission adopt the attached resolution (Attachment C) and approve the following amended to Condition #11, which contains the date for the expiration tentative tract map. Staff will transmit to the Planning Commission a complete copy of the project findings and conditions when the revised Statement of Official Action returns to Planning Commission for approval.

Tentative Tract Map Extension Condition #11

11. The tentative tract map shall expire on November 16, 1999, 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.

Prepared by: Gina Szilak, Assistant Planner

Attachments:

A. Municipal Code and General Plan Conformance

B. Notice of Public Hearing

C. Resolution

D. Radius and Location Map

E. Vesting Tentative Parcel Map 52232

F. VTTM Time Extension request from the Applicant

G. 11/6/96 STOA for TPC 327

F:\ADMIN\SHARE\PENSTAF\PCSTF\981118\tm52232.wpd

November 13, 1998

ATTACHMENT A

MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE