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HomeMy WebLinkAboutCC RESO 2005 - 45RESOLUTION NO. 2005 — 45 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TENTATIVE SUBDIVISION MAP AND CONDITIONAL USE PERMIT FOR THE CONVERSION OF 29 APARTMENT UNITS TO CONDOMINIUMS AT 900-910 MANCHESTER STREET APPLICANT: WESTONE MANAGEMENT CONSULTANTS CASE FILE NO. S-2004-15/CUP-2004-24 WHEREAS, application was made for approval of a tentative subdivision map and conditional use permit for the conversion of 29 apartment units to condominiums at 900-910 Manchester Street on property generally described as: Lot 6 of O.D. Arnold Estates Unit No. 1, in the City of National City, County of San Diego, State of California, according to Map thereof No. 3700, filed in the Office of the County Recorder of San Diego County, August 23, 1957. WHEREAS, the Planning Commission of the City of National City considered said applications at public hearing held on January 10, 2005, and by resolution recommended conditional approval of the application; and WHEREAS, the City Council considered said application at a public hearing held on February 1, 2005, and continued to the meeting of February 15, 2005, 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-2004-15 and CUP-2004-24 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 that it hereby approves a tentative subdivision map and a conditional use permit for the conversion of 29 apartment units to condominiums at 900-910 Manchester Street, based on the 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 the project will create 29 new homeownership opportunities. Resolution No. 2005 — 45 March 1, 2005 Page Two 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 the site is fully developed and all existing improvements will remain, and no expansion will take place. 7. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in a 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 Govemment 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. 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. Resolution No. 2005 — 45 March 1, 2005 Page Three 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 29 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. 5. The proposal is consistent with housing element goals and objectives, since the conversion of the existing apartment complex will create 29 additional opportunities for homeownership, which will likely be available to persons with a moderate or lower income level. 6. 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 planned Renovation Program and each unit interior 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 29 apartment units to condominiums at 900-910 Manchester Street is hereby approved subject to the following conditions: 1. This tentative map and conditional use permit authorize the conversion of the property at 900-910 Manchester Street, including 29 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-2004-15/CUP-2004-24, dated December 13, 2004 and October 29, 2004, respectively. Resolution No. 2005 — 45 March 1, 2005 Page Four 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. 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 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 drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared by a Registered Civil Engineer, or other qualified professional, and shall be in accordance with the City requirements. In particular, the plan shall show the following: Drainage from parking area to street. 8. All surface run-off, including landscaping irrigation within the public right-of-way, shall be collected by approved drainage facilities and directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface run-off resulting from this development. Resolution No. 2005 — 45 March 1, 2005 Page Five 9. 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. 10. The deteriorated portions of the existing street improvements along the property frontages shall be removed and replaced. Specifically sidewalk, curb and gutter, and driveway opening as marked. The existing abandoned driveway on Plaza Boulevard shall be removed and replaced with sidewalk and curb and gutter. 11. The existing street improvements along the property frontage(s) shall be kept free from weed growth by the use of special weed killers, or other approved methods. 12. All existing survey monuments, including any benchmark, within the boundaries of the project shall be shown on the plans. If disturbed, a licensed land surveyor or civil engineer shall restore them after completion of the work. A Corner Record shall be filed with the County of San Diego Recorder. A copy of the documents filed shall be given to the National City Public Works Department as soon as filed. 13. A permit shall be obtained from the Public Works Department for all improvement work within the public right-of-way, and any grading construction on private property. 14. A cost estimate shall be submitted with the plans. 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 according to actual worked hours. 15. Street improvements shall be in accordance with City Standards. All missing street improvements shall be constructed. Abandoned driveway aprons shall be replaced with curb, gutter, and sidewalks. 16. All electrical, telephone and similar distribution service wires for the structure(s) shall be placed underground. 17. 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. Resolution No. 2005 — 45 March 1, 2005 Page Six 18. 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 the final map approval. 19. 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. 20. 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 retum 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 Attomey and signed by the Planning Director prior to recordation. 21. 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. 22. 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. 23. Plans to stabilize the slopes fronting Plaza Boulevard and the slopes along the south side of the property shall be submitted and approved by the City Engineer. Plans shall include repairing and raising the height of the south retaining wall as necessary. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant; and Resolution No. 2005 — 45 March 1, 2005 Page Seven 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 March, 2005. ATTEST: fi c ael j Mi Dalla City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney