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HomeMy WebLinkAboutCC RESO 2005 - 5RESOLUTION NO. 2005 — 5 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TENTATIVE SUBDIVISION MAP AND CONDITIONAL USE PERMIT FOR THE CONVERSION OF 72 APARTMENT UNITS TO CONDOMINIUMS AT 305 EAST 26TH STREET AND 2420 D AVENUE APPLICANT: WESTONE MANAGEMENT CONSULTANTS CASE FILE NO. S-2004-4/CUP-2004-5 WHEREAS, application was made for approval of a tentative subdivision map and conditional use permit for the conversion of 72 apartment units to condominiums at 305 East 26th Street and 2420 D Avenue on property generally described as: The westerly 60 feet of the easterly 320 feet of the easterly half of 10-acre Lot 2 in Quarter Section 152, the westerly 50.00 feet of the east 370.00 feet of the east half of 10-acre Lot 2, in Quarter Section 152, the westerly 34 feet of the easterly 404 feet of the east half of 10-acre Lot 2 of Quarter Section 152, that portion of the easterly half of 10-acre Lot 1, Quarter Section 152, that portion of the easterly half of 10-acre Lot 1, Quarter Section 152, Rancho De La Nacion, in the City of National City, County of San Diego, State of California, according to Map thereof No. 166, filed in the Office of the County Recorder of San Diego County, May 11, 1869. WHEREAS, the Planning Commission of the City of National City, California, considered said applications at public hearing held on October 18, 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 November 16, 2004, and continued to the meeting of December 21, 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-2004-4 and CUP-2004-5 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. Resolution No. 2005 — 5 January 18, 2005 Page Two NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City, California, that it hereby approves tentative subdivision map and conditional use permit for the conversion of 72 apartment units to condominiums at 305 East 26th Street and 2420 D Avenue, based on the findings: RECOMMENDED 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 72 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 all development is existing and will remain, 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. Resolution No. 2005 — 5 January 18, 2005 Page Three 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. ADDITIONAL RECOMMENDED FINDINGS FOR CONDOMINIUM CONVERSIONS 1. The proposal is consistent with housing element goals and objectives, since the conversion of the existing apartment complex will create 72 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. RECOMMENDED 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 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 no additional traffic will be generated, since the project consists solely of a change of ownership and repair and renovation of existing improvements. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the existing multi -family development already exists and only the form of ownership is changing. Conditions requiring the new owners to maintain the property have been included with the approval. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the creation of 72 new homeownership opportunities that should be attractive to first time homebuyers will allow for mobility in the housing market, and since the increased rate of homeownership may translate into an improved property appearance. Resolution No. 2005 — 5 January 18, 2005 Page Four BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, said tentative subdivision map and conditional use permit for the conversion of 72 apartment units to condominiums at 305 East 26th Street and 2420 D Avenue is hereby approved subject to the following conditions: 1. This Tentative Map and Conditional Use Permit authorize the conversion of the property at 305 East 26th Street and 2420 D Avenue, including 72 residential apartment units, into 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-2004-4/CUP-2004-5, dated May 28, 2004 and September 14, 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. The landscape plan shall reflect additional elements/enhancements above and beyond what is shown in Exhibit "B", dated May 28, 2004, subject to review and approval by the Planning Director. 3. All of the recommendations of the Property Condition Assessment and Pest Report shall be implemented prior to release of any unit for sale. 4. 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. 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 ownership of parking areas, walks, buildings, utilities, 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 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. 6. 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 Resolution No. 2005 — 5 January 18, 2005 Page Five 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. 7. A rapid entry system for Police Department access shall be provided in compliance with Municipal Code Chapter 10.47. 8. 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. 9. 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. 10. The developer shall bond for the monumentation prior to the approval of the final map. 11. All new property line survey monuments shall be set on private property, unless otherwise approved. 12. 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 the existing horizontal control stations shall be shown. 13. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 14. 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. 15. 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 Resolution No. 2005 — 5 January 18, 2005 Page Six 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. 16. 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 §17.04.070. 17. 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. 18. The property owner and any successor in interest shall agree to not object to the formation of a utility undergrounding district in the future. 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 18th day of January, 2005. Nick ATTEST: Mich. -I Dalla, rty Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney