HomeMy WebLinkAboutCC RESO 2005 - 52RESOLUTION NO. 2005 — 52
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
APPROVING MODIFICATION OF A TENTATIVE SUBDIVISION MAP
FOR COMMERCIAL CONDOMINIUM OWNERSHIP OF AN
EXISTING MEDICAL OFFICE COMPLEX AT 2340 EAST 8TH STREET
APPLICANT: MICHAEL O'LEARY
CASE FILE NO. M1-S-2004-9
WHEREAS, application was made for modification of an approved
tentative subdivision map to create commercial condominium ownership of an existing
medical office complex at 2340 East 8th Street on property generally described as:
All of the northeasterly 330.00 feet of the Northwesterly 275.00 feet of the
Northeast Quarter of Quarter Section 129 of 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
considered said modification at a public hearing held on February 7, 2005; and
WHEREAS, the City Council of the City of National City considered said
application at a public hearing held on March 1, 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 No. M1-S-2004-9 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 modification of tentative subdivision map to create
commercial condominium ownership of an existing medical office complex at 2340 East
8th Street, based on the findings:
1. The proposed map is consistent with the National City General Plan and applicable
specific plans, since the proposal will result in increased property valuation while
increasing the likelihood of adequate property conservation, and since there are no
applicable specific plans.
Resolution No. 2005 — 52
March 15, 2005
Page Two
2. The site is physically suitable for the proposed type of development, since no
development is proposed; only a change of ownership of existing development will
take place.
3. The site is physically suitable for the proposed density of development, since no
development is proposed; only a change of ownership of existing development will
take place.
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 no development is proposed; only a change of
ownership of existing development 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 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.
BE IT FURTHER RESOLVED that based on the findings hereinbefore
stated, said modification of tentative subdivision map to create commercial
condominium ownership of an existing medical office complex at 2340 East 8th Street is
hereby approved subject to the following conditions:
1. This Tentative Subdivision Map authorizes a one -lot division with up to 11
commercial condominium units. Except as required by conditions of approval, all
plans submitted for permits associated with the project shall conform with Exhibit
"A", Case File No. S-2004-9, dated 8/4/2004.
Resolution No. 2005 — 52
March 15, 2004
Page Three
2. 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 ownership
of parking areas, walks, buildings, utilities 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.
3. 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.
4. All surface run-off shall be collected by approved drainage facilities and directed
to the street by sidewalk underdrains, landscape areas, or a curb outlet.
Adjacent properties shall be protected from surface run-off from this
development. This shall include the provision of such devices as storm drain
interceptors, clarifiers, or filters. A private storm water filter treatment
maintenance agreement shall be signed and recorded.
5. 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, landscaping and retaining 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. The deposit is subject to
adjustment according to actual worked hours.
6. A title report shall be submitted to the Public Works Department, after the
Planning Commission approval, for review of all existing easements and the
ownership at the property.
7 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 — 52
March 15, 2005
Page Four
8. 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.
9. 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.
10. All new property line survey monuments shall be set on private property, unless
otherwise approved.
11. 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.
12. Before this Tentative Subdivision Map 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. 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 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.
13. 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.
14. Prior to approval of the final map, a detailed landscape and irrigation plan showing
enhanced landscaping of the site, including plant types, methods of planting, etc.
shall be submitted for review and approval by the Planning Director. Special
attention should be given to the enhancement of the 8th Street frontage.
BE IT FURTHER RESOLVED that copies of this Resolution shall be
transmitted forthwith to the applicant.
Resolution No. 2005 — 52
March 15, 2005
Page Five
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 15th day of March, 2005.
Nick Irizuk eiMayor
ATTEST:
Mich. el R. Dalla, V ity Clerk
APPROVED AS TO FORM:
George H. Eiser, Ill
City Attorney