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HomeMy WebLinkAboutCC RESO 2006-256RESOLUTION NO. 2006 — 256 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TENTATIVE SUBDIVISION MAP AND CONDITIONAL USE PERMIT FOR THE CONVERSION OF NINETY-SIX (96) APARTMENT UNITS TO CONDOMINIUMS AND A VARIANCE FOR REDUCED SETBACK AT 2005-2025 "F" AVENUE APPLICANT: CHRIS CHRISTENSEN FOR CONDOCONVERSIONS.COM CASE FILE NO. S-2006-9/CUP-2006-7/Z-2006-5 WHEREAS, application was made for approval of a Tentative Subdivision Map and Conditional Use Permit for the conversion of ninety-six (96) apartment units to condominiums and a Variance for reduced front yard setback at 2005-2025 "F" Avenue on property generally described as: All that portion of 10 Acre Lot 12, in Quarter Section 153 of Rancho De La Nacion, in the City of National City, County of San Diego, State of California, according to Map thereof made by Morrill No. 166, filed in the Office of the County Recorder of San Diego County. WHEREAS, the Planning Commission considered said application at a public hearing held on October 16, 2006, and by Resolution recommended conditional approval of the application; and WHEREAS, the City Council considered said application at a public hearing held on November 21, 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-2006-9/CUP-2006-7/Z-2006-5, 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 conversion of ninety-six (96) apartment units to condominiums and a Variance for reduced front yard setback at 2005-2025 "F" Avenue based on the following findings: FINDINGS FOR APPROVAL OF THE TENTATIVE SUBDIVISION MAP 1. The proposed Tentative Subdivision Map is consistent with the National City General Plan and applicable specific plans, since the project will create 96 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 — 256 December 5, 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 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 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 96 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. Resolution No. 2006 — 256 December 5, 2006 Page 3 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, 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 site improvements before sale of the units and requiring the new owners maintain the property have also 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 96 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. FINDINGS FOR APPROVAL OF REQUESTED FRONT SETBACK VARIANCE 1. That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of Title 18 (Zoning) of the Municipal Code deprives such property of privileges enjoyed by other property in the vicinity and under the identical zone classification, since the site was developed before current Code requirements regarding front setbacks were in place, since the buildings are not being enlarged, only changing their form of ownership, and since allowing the front stairs to encroach will allow the development to provide individual entrances for the units and meet Code requirements with regard to private yard areas for residential units. 2. That the requested variance is subject to such conditions which will assure that the adjustment authorized will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated, since plans only permit open, unenclosed stairwells to encroach into the front setback, not the existing buildings, and since conditions of approval require that building permits remain consistent with approved plans. 3. That the variance does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property, since the RM-2-PD zoning provides for the continuation of existing buildings and density, since the existing buildings were developed before current Code requirements regarding front setbacks were in place, and since ground floor residential uses are typically allowed to have open, unenclosed stairways encroach into the front setback and the development of the four requested stairwells will allow the eight upstairs units to have individual street front access. Resolution No. 2006 — 256 December 5, 2006 Page 4 BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, said Tentative Subdivision Map and Conditional Use Permit for the conversion of ninety-six (96) apartment units to condominiums and a Variance for reduced front yard setback at 2005-2025 "F" Avenue is hereby approved subject to the following conditions: 1. This Tentative Map, Conditional Use Permit, and Variance authorize the conversion of the property at 2005-2025 "F" Avenue, including 96 residential units, into condominiums with a reduced front yard setback. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits "A", "B", and "C" Case File No. S-2006-9/CUP-2006-7/Z-2006-5, dated October 11, 2006. 2. A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. shall be submitted prior to issuance of building permits for review and approval by the Planning Director. The landscape plan shall be consistent with the approval concept plan and reflect the use of drought tolerant planting and water conserving irrigation devices, screening of trash enclosure, vines along the fencing along the rear parking lot, and additional landscaping in the parking lot. 3 Landscape plans shall include all fencing location and design, enhanced pavements, mail kiosk location and design, location of hose bibs for lower units. The exterior fences between units shall reflect a minimum height of 5'0" and a maximum of 6'0". 4. All of the recommendations of immediate repairs in the Property Condition Assessment (Table 1) shall be implemented prior to release of any unit for sale. The applicant shall document that all work is completed with site photos to be provided to the Planning Department. 5. All of the recommendations of the Pest Report shall be implemented prior to release of any unit for sale. Applicant shall submit a copy of the final report from the pest control company showing that all remediation has been completed satisfactorily. 6. 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. 7. A trash enclosure shall be provided in accordance with city standards. It shall be constructed of decorative block, solid gate, and solid roof covering to the satisfaction of the Planning Director. The design of the trash enclosure shall be shown on the Landscape Plans. 8. 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 streets, parking areas, walkways, buildings, utilities, recreational facilities, and open spaces, prior to approval of the final map. Said CC&Rs shall be subject to approval as to content and form by the City Attorney. The CC&Rs 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. Resolution No. 2006 — 256 December 5, 2006 Page 5 9. The CC&Rs shall include a determination that the funds provided by the maintenance provisions will be sufficient to cover all contemplated costs. 10. 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. 11. Prior to the issuance of any building permits, the applicant shall submit a lighting plan to the Planning Department. The lighting plan shall reflect exterior lighting for the parking lot, lighting along the buildings and walkways. 12. Two copies of a revised site plan shall be submitted to the Planning Department reflecting any modifications and shall reflect parking lot striping and wheel stops, and handicap parking pursuant to the ADA requirements. 13. Building plans shall reflect enhanced articulation of the eastern elevation of the rear units facing the parking lot as shown on the approved concept plans. The building plans shall provide exterior color and materials for approval by the Planning Department. 14. The project shall be designed, developed, and constructed in compliance with the Califomia Fire Code (CFC) 2001 edition and the most current National Fire Protection Associate (NFPA) Standards as adopted by the City of National City. 15. 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. 16. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 17. 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. 18. A drainage plan shall be submitted showing all of the proposed and existing on -site drainage. The plan shall be prepared by a Registered Civil Engineer, or other qualified professional, and shall be in accordance with the City requirements. 19. 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 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 Resolution No. 2006 — 256 December 5, 2006 Page 6 20. 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. 21. 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. 22. All surface run-off shall be collected by approved drainage filters and directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface run-off from this property. 23. 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. 24. 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. The deposit is subject to adjustment according to actual worked hours and consultant services. 25. The final parcel 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. 26. 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. 27. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground (one pole). 28. All new property line survey monuments shall be set on private property, unless otherwise approved. 29. 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. 30. Exterior walls of accessible 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. Resolution No. 2006 — 256 December 5, 2006 Page 7 31. 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. 32. 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. The Conditional Use Permit shall expire concurrently with the Tentative Map. 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. PASSED and ADOPTED this 5th day of Dece 2006. ?,,,..._ on Morrison, ATTEST: A Michael R. Della, City Clerk APPROVED AS TO FORM: r --0 . George H. Eiser, III 1113 City Attorney Passed and adopted by the Council of the City of National City, California, on December 5, 2006, by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad , Parra, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California G City C11erk of the City f National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2006-256 of the City of National City, California, passed and adopted by the Council of said City on December 5, 2006. City Clerk of the City of National City, California By: Deputy