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HomeMy WebLinkAboutCC RESO 2005 - 228RESOLUTION NO. 2005 — 228 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TENTATIVE SUBDIVISION MAP AND CONDITIONAL USE PERMIT FOR THE CONVERSION OF 20 APARTMENT UNITS (LONA MANOR) TO CONDOMINIUMS AT 835 EAST 18TH STREET APPLICANT: STEVEN STREBIG CASE FILE NO. S 2005-08 & CUP 2005-14 WHEREAS, application was made for approval of a Tentative Subdivision Map and Conditional Use Permit for the conversion of 20 apartment units (Lona Manor) to condominiums at 835 East 18th Street on property generally described as: All that portion of the westerly half of the westerly half of the southerly half of 20 acre Lot 1, Quarter Section 133, 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 considered said application at a public hearing held on September 19, 2005, and by Resolution recommended conditional approval of the application; and WHEREAS, the City Council considered said application at a public hearing held on October 4, 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 2005-08 & CUP 2005-14, 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 action recited herein is found to be essential for the preservation of public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the Tentative Subdivision Map and Conditional Use Permit for the conversion of 20 apartment units (Lona Manor) to condominiums at 835 East 18th Street, based on the following findings: TENTATIVE SUBDIVISION MAP FINDINGS 1. The proposed map is consistent with the National City General Plan and applicable specific plans, since the project will use high quality materials and create 20 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. Resolution No. 2005 — 228 October 18, 2005 Page 2 4. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor 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 are currently being provided and will continue to 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 -site. 7. The discharge of sewerage waste from the subdivision into the 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. CONDITIONAL USE PERMIT FINDINGS 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 and the project consists solely of a change of ownership with repairs and renovation of the 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. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the creation of 20 new homeownership opportunities that should be attractive to first time homebuyers, will allow for mobility in the housing market, and an increased rate of homeownership. Resolution No. 2005 — 228 October 18, 2005 Page 3 CONDOMINIUM CONVERSION PROJECT FINDINGS 1. The proposal is consistent with Housing Element goals and objectives, since the conversion of the existing apartment complex will create 20 additional opportunities for homeownership, which will likely be available to persons of a moderate -income level. 2. Plans and reports submitted by the applicant, along with conditions of approval, indicate that all necessary upgrading will be completed prior to the sale of any of the units since all of the common area improvements as well as the individual units will be renovated before such unit(s) 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 20 apartment units (Lona Manor) to condominiums at 835 East 18th Street is hereby approved subject to the following conditions: 1. This Tentative Subdivision Map and Conditional Use Permit authorize the conversion of the property at 835 East 18th Street, including 20 residential apartment units, into condominiums. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit "A" of Case File no. S 2005- 08/CUP 2005-14, July 12, 2005. 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 Report and the Pest Report shall be implemented prior to release of any unit for sale including, but not limited to the repair/replacement of the flooring, interior paint, kitchen appliances, counter tops, cabinets and sinks, windows, doors, bathroom fixtures, water damaged building elements and materials, heating units, and hot water heaters. The building shall be exterminated to eradicate drywood termites as described in the Pest Report and the external portions of the building shall also be repaired, if necessary, and painted with a high quality elastomeric paint, and re -roofed. The entire asphalt paved driveway and parking lot shall be repaired, seal -coated and re -striped. 4. Prior to the release of the sale of Units 14 and 15, such units shall have an individual gas - fired hot water heater installed in a utility closet for each of the respective units. The common laundry room shall also be equipped with an individual gas -fired hot water heater installed in a utility closet. 5. 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. Resolution No. 2005 — 228 October 18, 2005 Page 4 6. The CC&R's shall contain a clause that allows the City the right, but not the duty, to enforce the maintenance obligations of the condominium association regarding maintenance of landscape and the external appearance of the common areas, and, when required to be installed, on -going maintenance of any storm water treatment facility. The clause shall allow the City to lien the association property and each individual parcel in the event the City elects to perform such maintenance. The City Attorney shall approve the form of the language contained in such clause. 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 ownership of streets, surface parking areas, and open spaces prior to approval of the Final Map. The CC&R's shall include a determination that the funds provided by the maintenance provisions will be sufficient to cover all contemplated costs. The CC&R's shall be subject to approval as to content and form by the City Attorney. 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, 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. 11. All utility distribution facilities within the boundaries of the subdivision and within the half street abutting the new subdivision shall be placed underground. 12. The Final Map shall be recorded prior to the issuance of any Building Permit. 13. All new property line survey monuments shall be set on private property, unless otherwise approved. 14. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way. 15. A Title Report shall be submitted to the Engineering Department for the review of all existing easements and the ownership at the property. 16. A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate 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. A deposit for Final Map review is required and is subject to adjustment according to the actual hours worked and consultant services. Resolution No. 2005 — 228 October 18, 2005 Page 5 17. 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. 18. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 19. 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. 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 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 of San Diego. 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. 21. Approval of the Tentative Subdivision Map expires two (2) years after adoption of the resolution of approval at 5:30 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 5:30 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. Exterior walls of buildings/freestanding fences/retaining walls to a height of not less than six -feet (6') 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. 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. Resolution No. 2005 — 228 October 18, 2005 Page 6 PASSED and ADOPTED this 18th day of October, 2005. Nick Inzunzd, Mayor ATTEST: a Michael R. Della,/City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney