Venice NeighborhoodCouncil
/PO Box 550, Venice CA 90294 /www.VeniceNC.org
Email: , /Phone or Fax: 310.606.2015
LAND USE AND PLANNING COMMITTEE STAFF REPORT
April 28, 2010
Case Number: APCW 2010-800; AA 2010-791 PMLA
Application for Parcel Map, SP Exceptions, SP Permit Compliance Review, CDP, Mello Roos review
Address of Project: 14 Reef Street, Marina Peninsula, Venice, California 90292
SYNOPSIS:
This is a very convoluted project. Originally built in 1971 (prior to VCZSP, or LUP) as two (2) dwelling units and four (4) guest rooms. Early on it morphed into four (4) condominium units with four (4) separate owners without benefit of any of the legalities of converting two (2) units into four (4) units. Separate units were sold and resold. Title companies signed off on every sale without checking the original documents! FYI two “owners” are suing two separate title companies, other title company denies any wrongdoing, and LUPC never found out what the fourth owner is doing about title shanigans. LA Housing Department discovered these errors.
The four “owners” went to CD11, Arturo sent them to LUPC. They appeared before us last year without a clue about their problems. We said, “Get a facilitator, an expeditor. Someone in the business of getting projects through the planning/building & safety/housing process.” They did. Steve Kaplan of Luna & Glushon is sheparding them. He admitted that never in his 30 years of handling land use issues had he seen anything like this.
Mr. Kaplan is carefully taking the “owners” through the system in order to get the units correctly entitled. We are the first step.
The addendum to this staff report is a more detailed overview.
Size of Project: 4,625 sq ft – for all 4 units
Lot dimensions 35’ X 90’
Project Description: According to ZIMAS, subdivision of property for condominium purposes. Continued use and maintenance of 2 dwelling units and 4 guest rooms without a permit in order to process entitlements to permit a total of 4 units plus 8 ground level parking spaces contained within a 2-car garage.
Venice Subarea: Marina Peninsula
Zone: R3-1
LUPC Staff: Challis Macpherson
Applicants: Bonnie Wilks Wiseman, Larry and Deborah Wolf, Cate Rubenstein, Sabri Sansoy
Address: 14 Reef Street, Venice, California 90292 Marina Peninsula
Representative: Steve Kaplan, Luna & Glushon, 15760 Ventura Blvd, #520
Encino, California 91436
Contact Information: Steve Kaplan, ;
Date before by LUPC: April 28, 2010
Zoning Administration Date: TBA
WLA Area Planning TBA
Commission Dates:
LUPC MOTION APRIL 28, 2010:
Regarding 14 Reef Street, APCW 2010-800; Challis Macpherson, LUPC Chair, moves that the VNC Board of Officers accept the LUPC Staff Report as presented; and recommend according to the following LUPC recommendation:
Approve project, 14 Reef Street, APCW 2010-800, as presented including approval of following Venice Coastal Zone Specific Plan exceptions:
Whereas: this project was built in 1971, and never entitled correctly, LUPC finds that this project should be allowed these two VCZSP exceptions (the lack of one parking guest parking space and the existing density).
Whereas the CC certified LUPC specifies Reef Street in Policy II., C 7 to be maintained as a walk street; and therefore this project should have an additional condition to maintain the landscaping as specified in said Policy II, C 7.
Jim Murez, John Reed, unanimous.
ARGUMENTS FOR THIS PROJECT:
Although this building was built in 1971, and divided into 4 units, it was never recorded correctly through no fault of current “owners”.
ARGUMENTS AGAINST THIS PROJECT:
There were none stated.
SYNOPSIS OF PUBLIC COMMENT:
There were no public comments.
FINDINGS: See attached Addendum to Master Land Use Application below
ADDENDUM TO MASTER LAND USE APPLICATION
The owners/applicant seek to subdivide the existing 4 unit multi-residential property located at 14 Reef Street, Marina Del Rey ("Property") for condominium purposes. The subject
4 units on the Property have been purchased and sold as condominiums for over 30 years.
On July 23, 1975 a Condominium Plan, as Instrument No. 4247, and a Declaration of Covenants, Conditions and Restrictions ("Restrictions"), as Instrument No. 4248, were recorded for Reef Street Condominium Homes with the Los Angeles County Recorder's Office. A title company review of the transaction/deed recordation history of each unit at the Property indicates that the first condominium unit conveyance took place in February 1978.
Even though a Condominium Plan was recorded, it appears that the Property was not subdivided in accordance with the Subdivision Map Act ("Map Act") and the Los Angeles Municipal Code ("LAMC"). Only recently did the unit owners become aware that the original developer did not subdivide the Property in compliance with the Map Act and the LAMC. It appears that the current owners, all prior owners, all lenders and all title companies relied on the recorded Condominium Plan and Restrictions filed with the County of Los Angeles.
In order to 'legalize' the existing 4 units as condominiums and achieve compliance with applicable law, the within application is being filed which includes a Preliminary Parcel Map;
Specific Plan Exception, Specific Plan Project Permit Compliance, Coastal Development Permit
/Mello Compliance and an Environmental Assessment review.
Permit History
Building Permit No. LA 7907/70, dated 4-30-70, was issued for the construction of a 2- unit residential dwelling with 4 guest rooms and 9 parking spaces at 14 Reef Street, Marina Del Rey ("Property"). Building Permit No. LA 25363/71, dated 3-19-71, was issued to revise the parking layout to reflect reduction to 8 parking spaces. A Certificate of Occupancy was issued September 22, 1971 for a 2-unit family dwelling.
Condominium History
Even though a Condominium Plan was recorded, it appears that the Property was not subdivided in accordance with the Subdivision Map Act and Los Angeles Municipal Code.
LADBS Enforcement Action
A Substandard Order was issued by the City of Los Angeles Building & Safety Department, effective December 19, 2008, for the unapproved occupancy and use of a 2-famly residential dwelling and four guest rooms as a 4-unit condominium building. The order directed the Property owners to obtain permits and all related approvals, including a new Certificate of Occupancy for condominiums.
No New Construction
The within application and related entitlements do not contemplate any new construction, expansion or intensification of use beyond the existing use which has been there for over 30 years.
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