Loading...
HomeMy WebLinkAboutCC RESO 2006-17RESOLUTION NO. 2006 — 17 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TENTATIVE SUBDIVISION MAP AND CONDITIONAL USE PERMIT TO CONVERT 9 APARTMENTS INTO CONDOMINIUM UNITS FOR INDIVIDUAL SALE AT 603-609 EAST 19TH STREET. APPLICANT: CONDOCONVERSION.COM CASE FILE NO. S-2005-3/CUP-2005-4 WHEREAS, application was made for approval of a Tentative Subdivision Map and Conditional Use Permit to convert 9 apartments into condominium units for individual sale at 603-609 East 19th Street on property generally described as: Lots 5, 6, 7, 8, 9, and 10 in Block 3 of Subdivision by W. S. Bullis, Map 201 filed in the Office of the County Recorder of San Diego County May 21, 1881, together with vacated street adjacent ("F" Avenue). WHEREAS, the Planning Commission considered said application at a public hearing held on November 7, 2005, and by Resolution recommended conditional approval of the application; and WHEREAS, the City Council considered said application, and at public hearings held on December 6, 2005 and January 17, 2006, 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-2005-3/CUP-2005-4, 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 by the City Council that it hereby approves the Tentative Subdivision Map and Conditional Use Permit to convert 9 apartments into condominium units for individual sale at 603-609 East 19th Street, based on the following findings: 1. The proposed Tentative Map is consistent with the National City General Plan and applicable specific plans, since the project will create 9 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. 2006 — 17 February 7, 2006 Page 2 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 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. ADDITIONAL RECOMMENDED FINDINGS FOR CONDOMINIUM CONVERSIONS 1. The proposal is consistent with housing element goals and objectives, since the conversion of the existing units will create 9 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 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. 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. Resolution No. 2006 —17 February 7, 2006 Page 3 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 9 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. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, said Tentative Subdivision Map and Conditional Use Permit to convert 9 apartments into condominium units for individual sale at 603-609 East 19th Street, is hereby approved subject to the following conditions: 1. This Tentative Map and Conditional Use Permit authorize the conversion of the property at 603 East 19th Street, including 9 residential units, into condominiums. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, B, C, and D, Case File No. S-2005-03 / CUP 2005-04, dated June 24, 2005 and September 12, 2005, 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. All of the recommendations of the Property Condition Assessment shall be implemented prior to release of any unit for sale. Such improvements include the replacement of the roof, as need, exterior painting of the building, replacement of windows, enhanced landscaping, replacement of balcony railing, repair balcony deck, addition of a barbeque area and bench seating in the common area. The interior improvements include painting the interior of the units, replace flooring, replace or refinish cabinets, replace plumbing fixtures, lighting and other fixtures, provide new kitchen countertops where necessary and install new kitchen appliances. 4. All of the recommendations of the Property Condition Assessment including the eradication of the subterranean and dry wood termites, fungus -dry rot, abate the mildew and mold shall be implemented prior to release of any unit for sale. Resolution No. 2006 — 17 February 7, 2006 Page 4 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, to ensure that the improvements for the project site are completed. 6. The Covenants, Conditions and Restrictions (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 (CC&R's), 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. 8. The gas water heater for unit number 605 shall be replaced. 9. The project shall comply with the Crime -free Multi -Housing criteria and Crime Prevention through Environmental Design (CPTED) standards. 10. 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. 11. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 12. 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. 13. A drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. Show filtering system for the parking lot. The plan shall be prepared by a Registered Civil Engineer, or other qualified professional, and shall be in accordance with the City requirements. A private storm water filter treatment maintenance agreement shall be signed and recorded. 14. The Priority Project Applicability checklist for the Standard Urban Storm -water Mitigation Plan (SUSMP) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review of Resolution No. 2006 — 17 February 7, 2006 Page 5 the City Departments. The checklist is available at the Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP) an approved SUSMP will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. 15. The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. 16. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. 17. 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 map 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 and consultant services. 18. The final parcel map shall meet all of the requirements of the Subdivision Map Act, and the National City Municipal Codes including certification, acknowledgement, complete boundary information and monumentation. 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. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. There is one pole and one service pole that would be underground at this location. 21. All new property line survey monuments shall be set on private property, unless otherwise approved. 22. The parcel 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. Resolution No. 2006 —17 February 7, 2006 Page 6 23. Exterior walls of buildings/freestanding fences/retaining walls 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. 24. 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. 25. 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. 26. 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. 27. 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. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. 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. 2006 —17 February 7, 2006 Page 7 PASSED and ADOPTED this 7th day of February, 2006. 41v zunza, Mayor ATTEST: tiL Mic ael R. Dalla, C' y Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on February 7, 2006, by the following vote, to -wit: Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: NICK INZUNZA Mayor of the City of National City, California City Clerk of the City bf National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2006-17 of the City of National City, California, passed and adopted by the Council of said City on February 7, 2006. City Clerk of the City of National City, California By: Deputy