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HomeMy WebLinkAboutCC RESO 2004 - 37RESOLUTION NO. 2004 — 37 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TENTATIVE SUBDIVISION MAP AND CONDITIONAL USE PERMIT FOR CONVERSION OF THE RED LION INN, AT 801 NATIONAL CITY BOULEVARD, TO 170 RESIDENTIAL CONDOMINIUMS AND COMMERCIAL SPACE APPLICANT: PACIFICA COMPANIES CASE FILE NOS. S-2003-5 / CUP-2003 -22 WHEREAS, applications were made for approval of a Tentative Subdivision Map and Conditional Use Permit for the conversion of the Red Lion Inn, at 801 National City Boulevard, to 170 residential condominiums and commercial space on property generally described as: Parcel A: Lots 1 through 10 inclusive, in Block 1, of W. C. Kimball's Subdivision of 10-acre Lot 1, Quarter Section 154 of National City, Rancho de la Nacion, in the City of National City, County of San Diego, State of California, according to Map thereof No. 105, filed in the Office of the County Recorder of San Diego County, March 10, 1887. Parcel B: Lots 1, 2, 3, 4 and 5 in Block 1, of T. Parsons Addition to National City being a Subdivision of 10-Acre Lot 8 in Quarter Section 155 of Rancho de la Nacion, in the City of National City, County of San Diego, State of California, according to Map thereof No. 57, filed in the Office of the County Recorder of San Diego County, April 26, 1881. WHEREAS, the Planning Commission of the City of National City, California, considered said applications at public hearings held on December 1, 2003, and by Resolution made a recommendation on the applications; and WHEREAS, the City Council of the City of National City considered said applications, and the recommendation of the Planning Commission, at a public hearing held on January 20, 1974 and continued to February 17, 2004, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council considered the staff report prepared for Case File Nos. S-2003-5 and CUP-2003-22 which is maintained by the City, and incorporated herein by reference; along with evidence and testimony at said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and WHEREAS, the applications have been determined to be exempt from the California Environmental Quality Act on the basis that there is no possibility that the proposal will have a significant effect on the environment, since the conversion of the Red Lion Inn to residential condominiums and commercial space involves. no or negligible expansion of use, and the project may also be considered as covered by the Class 1 Categorical Exemption (Section 15301, Existing Facilities), as the difference in use from visitor occupancy to long-term, residential occupancy will be negligible with regard to effects on the physical environment. Resolution No. 2004 — 37 March 2, 2004 Page Two WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the testimony and evidence presented to the City Council at the public hearing held on January 20, 2004, and February 17, 2004, support the following findings: Findings for Approval of the Tentative Subdivision Map: 1. The proposed map is consistent with the National City General Plan and applicable specific plans, since its approval is conditional upon an amendment to the General Plan that will allow conversions of hotels and motels to residential use at higher densities than permitted for new construction. 2. The site is physically suitable for the proposed type of development, as shown on floor plans and site plans contained in Exhibit B Revised, CUP-2003-22, dated October 15, 2003, and since parking spaces in the parking structure at the northeast corner of 8th Street and National City Boulevard will be available for condominium owners and occupants of the ground level space below the parking structure, and additional surface parking will be available for ground level commercial space below the condominiums at the southeast corner of 8th Street and National City Boulevard. 3. The site is physically suitable for the proposed density of development, as shown on floor plans and site plans contained in Exhibit B Revised, CUP-2003-22, dated October 15, 2003, since parking will be provided in the parking structure and surface level parking lot. 4. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, since the site is developed with hotel, parking and other commercial facilities. 5. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, since all necessary public services will be provided. 6. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, since no such easements are located on the site. 7. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6. Resolution No. 2004 — 37 March 2, 2004 Page Three 8. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and, environmental resources. 9. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT: 1. That the site for the proposed use is adequate in size and shape, since the property is already developed with multi -level structures, and since floor plans and site plans contained in Exhibit B Revised, CUP-2003-22, dated October 15, 2003, show adequate layouts for condominium units and common amenities, and since parking spaces in the parking structure at the northeast corner of 8th Street and National City Boulevard will be available for condominium owners and occupants of the ground level commercial space below the parking structure, and additional surface parking for visitors and patrons of commercial uses below the residential condominiums will be available at the southeast comer of 8th Street and National City Boulevard. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the conversion of the hotel to residential condominiums and commercial space will not result in a substantial increase in traffic, as indicated in the Traffic and Parking Analysis report prepared for the project by Linscott Law & Greenspan, dated October 2, 2003, and the project will continue to use the existing access driveway to the parking structure from National City Boulevard, and access will be maintained from 8th Street to the surface parking lot for condominium visitors and patrons of the commercial area below them. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the site is already developed with multi -level structures which will contain proposed condominiums and commercial space and provide on -site parking, along with an existing surface parking lot and recreational area, and enhancements are proposed to existing facilities. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will result in architectural enhancement of existing structures and provide additional opportunities in the City for owner -occupied housing, encouraged by the General Plan. In addition, the proposed conversion to condominiums will result in a residential population that will support local businesses. This will assist in revitalization of the adjacent commercial area, consistent with General Plan policy. Resolution No. 2004 — 37 March 2, 2004 Page Four 5. The proposed use will not have an adverse effect upon adjacent or abutting properties, since a condition will require that at least 85% of residential condominium units are owner -occupied, and that any rentals shall be available for no less than a 6-month period. This condition will address potential concerns for blighting conditions that may be exacerbated by lack of owner -occupancy, real estate speculation and lack of a stable residential population in the area. BE IT FURTHER RESOLVED by the City Council of the City of National City that based on the findings hereinbefore stated, said Tentative Subdivision Map and Conditional Use Permit applications are hereby approved, subject to the following conditions: 1. This Tentative Map and Conditional Use Permit authorizes conversion of the Red Lion Inn to a maximum of 170 residential condominium units and commercial space. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A Revised, Case File no. S- 2003-5, dated October 15, 2003, and Exhibit B Revised, Case File no. CUP-2003- 22, dated October 15, 2003. 2. The Tentative Map and Conditional Use Permit for conversion of the Red Lion Inn, as described in condition no. 1, shall be effective only after amendment of the General Plan and Title 18 (Zoning) of the Municipal Code to allow conversions of hotels and motels to residential use at higher densities than permitted for new construction. 3. Proposed changes to the surface level parking area shall be modified to satisfy Land Use Code standards for parking space dimensions; i.e. 9 feet rather than 8 feet width. 4. Vacation of the alley adjacent to the hotel between 8th and 9th Streets shall be pursued to provide potential for additional parking and open space area. 5. A detailed landscape and underground . irrigation plan, including plant types, methods of planting, etc. shall be submitted for review and approval by the Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. 6. A trash enclosure shall be provided in accordance with City standards. 7. The developer shall provide a declaration of covenants, conditions and restrictions, running with the land, clearly setting forth the privileges and responsibilities, including maintenance, payment of taxes, etc. involved in the common areas, i.e., parking areas, buildings, accessways, recreational facilities and open spaces, prior to approval of the final map. Said CC&R's shall be subject to approval as to content and form by the City Attorney. The CC&R's shall allow the City the authority but not the obligation to assume maintenance of the property and assess the full cost including overhead costs therefore as a lien against the property if said property is Resolution No. 2004 — 37 March 2, 2004 Page Five not adequately maintained per the agreement. The CC&R's shall include a determination that the funds provided by the maintenance provisions will be sufficient to cover all contemplated costs. 8. A corporation, association, property owners' group, or similar entity shall be formed with the right to assess all the properties which are jointly owned with interests in the common areas and facilities in the entire development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded conditions, covenants, and restrictions approved by the City Attorney as to form and content, which shall include compulsory membership of all owners and flexibility of assessments to meet changing costs of maintenance, repairs and services. 9. A rapid entry system for Police Department access shall be provided in compliance with Municipal Code Chapter 10.47. 10. Plans must comply with the 2001 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and Califomia Title 24 energy and handicapped regulations. 11. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 12. Exterior walls of buildings/ freestanding signs/ trash enclosures to a height of not less than 6 feet shall be treated with a graffiti resistant coating subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 13. A drainage plan shall be submitted showing all of the proposed and existing on - site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed development shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A checklist for preparation of the grading and drainage plan is available at the Engineering Department. 14. A cost estimate shall be submitted with the plans. A performance bond equal to the approved cost estimate for all of the proposed grading, drainage, street improvements, and landscaping wall work shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment. Resolution No. 2004 — 37 March 2, 2004 Page Six 15. The proposed pedestrian bridge shall meet all State and City design requirements. An encroachment agreement shall be approved by the City Council prior to the construction of the bridge. 16. The final map shall meet all of the requirements of the Subdivision Map Act, and the City of National City Municipal Codes including certification, acknowledgement, complete boundary information and monumentation. 17. The subdivider shall submit an approval letter from Sweetwater Authority stating fire flow requirements have been met. If additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Authority prior to obtaining final map approval. 18. The developer shall bond for the monumentation, the public improvements and the on -site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the final map. 19. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 20. The final map shall be recorded prior to issuance of any building permit. 21. All new property line survey monuments shall be set on private property, unless otherwise approved. 22. The final map shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian, and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. 23. A Home Owners' fee shall include contribution to the (future) Downtown Business Improvement/Maintenance District, as determined by the CDC. 24. A minimum of one parking space shall be allocated to each residential condominium unit for exclusive use of its occupants. The opportunity to purchase one additional space for each condominium unit shall also be provided to buyers. 25. Ground level parking spaces shall be reserved for users of the commercial space. 26. The pedestrian bridge shall be constructed as part of the project, without public funds. 27. Sidewalk improvements shall be compatible with public improvements under design for the area from 7th Street to 12th Street, along National City Boulevard, as determined by the CDC. The subdivider shall install and pay for these improvements, including landscaping in the sidewalk area. Resolution No. 2004 — 37 March 2, 2004 Page Seven 28. Before this Tentative Map/Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Tentative Map/Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Tentative Map/Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 29. Approval of the Tentative Map/Conditional Use Permit expires two (2) years after adoption of the resolution of approval at 5:00 p.m. unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by National City Municipal Code section 17.04.070. 30. The City is in the process of adopting impact fees. Should the City adopt these fees prior to the issuance of a certificate of occupancy, the applicant will be responsible for the fees. These fees include, without limitation, parks and recreation, wastewater collection, street improvements, fire, police and library. 31 The applicant shall revise plans to satisfy requirements of the Fire Department for through access through the parking area behind the proposed condominium structure. This may require use of part of the alley adjacent to the property. 32. A gate shall restrict entry to the portion of the parking structure to be maintained for exclusive use of residents of the condominiums. 33. The subdivider shall enter into an agreement, approved by the City Attorney, to ensure that at least 85% of the residential condominium units are owner - occupied and that any rentals shall be for no less than a 6-month period. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant. BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. --- Signature Page to Follow --- Resolution No. 2004 — 37 March 2, 2004 Page Eight PASSED and ADOPTED this 2"d day of March, 2004. ATTEST: APPROVED AS TO FORM: George H. Eiser, III City Atto By: udolf Hradecky Se for Assistant City Attorney Nick Irizu za'Mejor