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HomeMy WebLinkAboutCC RESO 2006-18RESOLUTION NO. 2006 — 18 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TENTATIVE SUBDIVISION MAP AND CONDITIONAL USE PERMIT FOR THE PROPOSED CONVERSION OF 36 APARTMENT UNITS (LE NATIONAL) TO CONDOMINIUMS AT 1306 EAST 18TH STREET APPLICANT: WESTONE MANAGEMENT CONSULTING CASE FILE NOS. S-2003-06/CUP-2003-25 WHEREAS, application was made for approval of a Tentative Subdivision Map and Conditional Use Permit for the proposed conversion of 36 apartment units (Le National) to condominiums at 1306 East 18`h Street on property generally described as: All that portion of the westerly half of the northeasterly Quarter of the southwesterly Quarter of 40 acre Lot 1 in Quarter Section 133 of the Rancho De La Nacion, in the City of National City, County of San Diego, State of California, according to Map thereof No, 166 on file in the Office of the Recorder of said San Diego County. WHEREAS, the Planning Commission considered said application at public hearings held on November 7, 2005, and by Resolution recommended conditional approval of the application; and WHEREAS, the City Council considered said application, and at a public hearing 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-2003-06 and CUP-2003-25, 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 of the City of National City that it hereby approves the Tentative Subdivision Map and Conditional Use Permit for the proposed conversion of 36 apartment units (Le National) to condominiums at 1306 East 1 8th Street, based on the following 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 36 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 Resolution No. 2006 — 18 February 7, 2006 Page 2 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 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 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. 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. 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. Resolution No. 2006 — 18 February 7, 2006 Page 3 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the creation of 36 new homeownership opportunities should be attractive to first time homebuyers, will allow for mobility in the housing market and an increased rate of homeownership. FINDINGS FOR CONDOMINIUM CONVERSION PROJECTS 1 The proposal is consistent with Housing Element goals and objectives, since the conversion of the existing apartment complex will create 36 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 proposed conversion of 36 apartment units (Le National) to condominiums at 1306 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 1306 East 8`h Street, including 36 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, Case File No. S 2003-06 / CUP 2003-25, November 3, 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 Control Report shall be implemented prior to release of any unit for sale including, but not limited to the: interior painting including the ceiling, new kitchen, new appliance, new interior doors, new window coverings, new carpet and floor tile, new bathroom, new lighting, new door hardware and baseboard and crown molding as well as new hot water heaters. The areas of the buildings that were determined by Pest Control Report to have drywood termites shall be eradicated. The units shall also be equipped with smoke detectors. The building shall be repaired as necessary, including the painting of exterior buildings, replacement of the exterior patio, new perimeter fencing and repair to the trash enclosure. The entire asphalt paved driveway and parking lot shall be repaired, seal - coated and re -striped. 4. The individual garage doors shall be repaired or replaced. Resolution No. 2006 —18 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 to ensure the improvement for the project site are complete and shall be subject to review and approval by the City Attorney. 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. 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. Prior to the units being sold, the building must be inspected by the City Housing Inspector and all code violations must be corrected. 9. Street improvements shall be in accordance with City Standards. All missing street improvements (110-feet of gutter) shall be constructed. In addition, the deteriorated portions of the existing street improvements (5-feet of curb) along the property frontage shall be removed and replaced. 10. The final 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. 11. 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. 12. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 13. All new property line survey monuments shall be set on private property, unless otherwise approved. Resolution No. 2006 — 18 February 7, 2006 Page 5 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 (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. 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. 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. Resolution No. 2006 —18 February 7, 2006 Page 6 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 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. 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. 25. Prior to the issuance of Building Permits for the rehabilitation of the units and the tenant occupying the unit is a tenant in good standing, the developer shall give the last 30 days free rent. Further, the developer shall refund 100% of the rental deposit back at the beginning of the 30 day free rent period to further enable the tenant to find suitable accommodation. All units occupied by a person on the lease age 55 or greater shall receive 30 days free rent, their rental deposit returned at the start of the free rent and a cash payment equal to 60 days rent. This relocation assistance is in addition to any such payment required by the California Subdivision Map Act. 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. --- Signature Page to Follow --- Resolution No. 2006 — 18 February 7, 2006 Page 7 PASSED and ADOPTED this 7th day of February, 2006. ATTEST: it Michael R. Della, City Clerk APPROVED AS TO FORM: 21s- 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 /,' /1 City CIt°rk of the City of ational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2006-18 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