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HomeMy WebLinkAboutCC RESO 2004 - 94NOT ADOPTED RESOLUTION NO. 2004-94 A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TENTATIVE SUBDIVISION MAP AND CONDITIONAL USE PERMIT FOR THE CONVERSION OF 97 APARTMENTS TO CONDOMINIUMS AT 915 EAST 4T" STREET. APPLICANT: WESTONE MANAGEMENT CONSULTANT, CASE FILE NOS. S-2003-1/CUP-2003-8." This Resolution was not adopted at the City Council Meeting of June 1, 2004. DATE: June 1, 2004 4\. 1 Martha L. Alvarez, CMCJ Deputy City Clerk of the City of National City Not Adop-i-ed RESOLUTION NO. 2004 — 94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TENTATIVE SUBDIVISION MAP AND CONDITIONAL USE PERMIT FOR THE CONVERSION OF 97 APARTMENTS TO CONDOMINIUMS AT 915 EAST 4TH STREET APPLICANT: WESTONE MANAGEMENT CONSULTANTS CASE FILE NOS. S-2003-1/CUP-2003-8 WHEREAS, application was made for approval of a tentative subdivision map and conditional use permit for the conversion of 97 apartments to condominiums at 915 East 4th Street on property generally described as: That portion of the westerly half of 20 acre Lot 2 in Quarter Section 131 of Rancho de la Nacion , according to Map thereof No. 166 by Morrill, on file in the County Recorder's Office of said San Diego County, and all that portion of Lot "A" in Block 1 of Sunny Hill, according to Map thereof No. 1885, filed in the Office of the County Recorder of San Diego County, February 10, 1926, in the City of National City, County of San Diego, State of California. WHEREAS, the Planning Commission of the City of National City, California, considered said applications at public hearings held on April 5, 2004, and by Resolution recommended conditional approval of the application; and WHEREAS, the City Council of the City of National City considered said application at a public hearing held on May 4, 2004, and continued to the meeting of May 18, 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-2003-1/CUP-2003-8 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 law and City law; and 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, California, that it hereby approves the tentative subdivision map and conditional use permit for the conversion of 97 apartments to condominiums at 915 East 4th Street based on the findings: Resolution No. 2004 — 94 June 1, 2004 Page 2 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 the project will create 97 new homeownership opportunities. 2. The site is physically suitable for the proposed type of development, since all development is existing and will remain, and only the form of ownership will change. 3. The site is physically suitable for the proposed density of development, since the entire development is existing, and only the form of ownership will change. 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 fully developed and all existing improvements will remain, and no expansion will take place. 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. 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. Resolution No. 2004 — 94 June 1, 2004 Page 3 FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT 1 That the site for the proposed use is adequate in size and shape, since the site is fully developed and since all existing improvements will remain. 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 project, which consists solely of a change of ownership and repair and renovation of existing improvements, will not generate additional traffic. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the multi -family development already exists and only the form of ownership will change. Conditions requiring the new owners to properly maintain the property are included with the approval. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the creation of 96 new homeownership opportunities available to first time homebuyers will allow for mobility in the housing market, and since the increased level of ownership may translate into an improved property appearance. FINDINGS FOR CONDOMINIUM CONVERSIONS 1. The proposal is consistent with housing element goals and objectives, since the conversion of the existing apartment complexes will create 96 additional opportunities for homeownership, which will likely be available to persons with a moderate or lower income level. 2. Plans and reports submitted by the applicant, along with conditions of approval, show that necessary upgrading will be completed prior to sale of any unit, since all common area improvements will be completed during the first phase of development and each unit will be renovated before it is sold as will be specified in a Lien Contract and Agreement not to Convey. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, said tentative subdivision map and conditional use permit for the conversion of 97 apartments to condominiums at 915 East 4th Street is hereby approved subject to the following conditions: Resolution No. 2004 — 94 June 1, 2004 Page 4 1 This Tentative Map and Conditional Use Permit authorize the conversion of 97 apartment units to condominiums. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits A -revised, B, and C case file no. S-2003-1/CUP-2003-8, dated 2/24/2004, 3/19/2004, and 3/15/2004 respectively. 2. 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. 3. A trash enclosure shall be provided in accordance with city standards. It shall have an exterior to match the buildings. Prior to recordation of the final map, the applicant shall submit a Lien Contract and Agreement not to Convey subject to review and approval by the City Attorney. 5. All of the recommendations of the Property Condition Assessment and Pest Report shall be implemented prior to release of any unit for sale. 6. The developer shall provide a declaration of covenants, conditions and restrictions, running with the land, clearly setting for the privileges and responsibilities, including maintenance, payment of taxes, etc. involved in the common parking lot, walkways, stairs, trash enclosure(s), landscaping, recreation building, laundry room(s), fence(s) and pool 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 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. 7. 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. Resolution No. 2004 — 94 June 1, 2004 Page 5 8. A rapid entry system for Police Department access shall be provided in compliance with Municipal Code Chapter 10.47. 9. The smoke detectors shall be updated in each unit prior to release of said unit for sale. 10. Each unit shall be improved with one -hour rated firewalls and floors prior to its release for sale. 11. 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 California Title 24 energy and handicapped regulations. 12. 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 parking lot or development shall be implemented with the design of the grading plan. 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 Pollutant Discharge Elimination System (NPDES) regulations. A checklist for preparation of the grading and drainage plan is available at the Engineering Department. 13. The property owner, or its successors and assigns shall be responsible for the maintenance, repair, or reconstruction of all irrigation and landscaping improvements installed within the public right-of-way. Sprinkler heads shall be adjusted so as to prevent overspray upon the public sidewalk or the street. The proposed sprinkler heads shall be installed behind the sidewalk, and the irrigation mainline upon private property only, as required by the City. The property owner or, its successors or assigns, shall remove and relocate all irrigation items from the public right-of-way at no cost to the City, and within a reasonable time frame upon a written notification by the City Engineer. 14. For P.V.C. irrigation lines in the public right-of-way, a metallic identification tape shall be placed between the bottom layer of the finished surface and the top of the lines. 15. The existing and proposed curb inlet on property shall be provided with a "No Dumping" tile in accordance with the NPDES program. Resolution No. 2004 — 94 June 1, 2004 Page 6 16. A permit shall be obtained from the Engineering Department for all improvement work within the Public Right -of -Way, and the grading construction on private property. 17. 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 improvement, landscaping and retaining wall work shall be posted. Three percent (3%) of the estimated cost shall 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. 18. A title report shall be submitted to the Engineering Department after Planning Commission approval for a review of all existing easements and the ownership at the property. 19. A private sewer easement for 303 Highland Avenue is required for a sewer lateral running from 303 Highland Avenue and connecting into the city sewer easement. 20. The final map shall meet all of the requirements of the Subdivision Map Act, and the National City Municipal Codes including certification, acknowledgment, complete boundary information and monumentation. 21. 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. 22. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 23. All new property line survey monuments shall be set on private property, unless otherwise approved. 24. The final map shall use the California Coordinate System for its "Basis of Bearing" 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. 25. Private Storm Water Treatment Maintenance Agreement must be signed by owner. 26. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. Resolution No. 2004 — 94 June 1, 2004 Page 7 27. 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. 28. The property owner shall submit a letter to the Sweetwater Authority stating fire flow requirements. The owner shall enter into an agreement with the Authority for any water facility improvements required for the proposed project. 29. Before this Tentative Subdivision Map and 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 Subdivision Map and 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 Subdivision Map and 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. 30. Approval of the tentative map 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. 31. The Conditional Use Permit shall expire two (2) years after adoption of the resolution of approval at 5:00 p.m., or one year after recordation of the final map, whichever is later, unless exercised prior to that time, by transfer of any unit to separate ownership. One or more extensions of time may be granted, pursuant to provisions of the Land Use Code. 32. The covenants, conditions and restrictions (CC&R's) shall include a provision that authorizes the Home Owner's Association Board of Directors to impose owner occupancy restrictions not to allow more than 15 percent (15%) of the units in the complex to be occupied other than by an owner -occupant. 33. The single -story structure fronting on 4th Street shall be improved in its entirety for use as a recreation room by the future owners of the Villa Rea complex. 34. The laundry room(s) are to be completely renovated with new machines. Resolution No: 2004 — 94 June 1, 2004 Page 8 BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant; and, 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. PASSED and ADOPTED this 1st day of June, 2004. Nick lnzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney