HomeMy WebLinkAboutCC RESO 2006-257RESOLUTION NO. 2006 — 257
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
APPROVING A TENTATIVE SUBDIVISION MAP
TO CREATE CONDOMINIUM OWNERSHIP OF
AN EXISTING INDUSTRIAL PARK
AT 1445-1645 TIDELANDS AVENUE
APPLICANT: CHRISTIE RADDER
CASE FILE NO. S-2006-7
WHEREAS, application was made for approval of a Tentative Subdivision Map to
create condominium ownership of an existing industrial park at 1445-1645 Tidelands Avenue on
property generally described as:
A parcel of land located in the City of National City, County of San Diego, State
of California, being that portion of the California Southern Railroad (predecessor
of the Atchison Topeka Santa Fe Railway Company) terminal grounds, as said
terminal grounds are shown on map of National City, California, filed October 2,
1882, as per Map No. 348, in the Office of the Recorder of said County.
WHEREAS, the Planning Commission considered said application at a public
hearing held on October 2, 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-2006-7, 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 to create condominium ownership of an
existing industrial park at 1445-1645 Tidelands Avenue based on the following 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.
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.
Resolution No. 2006 — 257
December 5, 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 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 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 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.
BE IT FURTHER RESOLVED that based on the findings hereinbefore stated,
said Tentative Subdivision Map to create condominium ownership of an existing industrial park
at 1445-1645 Tidelands Avenue is hereby approved subject to the following conditions:
1. This Tentative Subdivision Map authorizes a one -lot division with up to 40 industrial
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-2006-7,
dated August 31, 2006.
2. All of the immediate and short-term repairs as recommended by the Property Condition
Assessment shall be implemented prior to recordation of the Final Map.
3. 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.
4. 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.
5. 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
Resolution No. 2006 — 257
December 5, 2006
Page 3
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.
6. All parking spaces designated on approved plans shall continue to be striped and shall
remain clear and available for the parking of vehicles at all times.
7. Adequate trash disposal containers shall be provided for the tenants of the condominium
project. All trash enclosures shall be covered in accordance with Section 7.10.050 (G) of
the National City Municipal Code.
8. All landscape areas, existing and proposed, shall be properly irrigated. All irrigation
systems shall be maintained in working order to provide adequate water supply to said
landscaping.
9. 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
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.
10. A title report shall be submitted to the Engineering Department, after the Planning
Commission approval, for review of all existing easements and the ownership at the
property.
11. 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.
12. 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.
13. 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.
14. All utility distribution facilities within the boundaries of the subdivision, and within the half
street abutting the new subdivision, shall be placed underground.
Resolution No. 2006 — 257
December 5, 2006
Page 4
15. All new property line survey monuments shall be set on private property, unless
otherwise approved.
16. 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.
17. 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.
18. 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.
BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted
forthwith to the applicant; and,
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.
ATTEST:
PASSED and ADOPTED this 5th day of December 06.
n Morrison, Mayor
APPROVED AS TO FORM:
Mic el R. Dal a, City Clerk George H. Ijiser, III
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
4
City CI rk of the City of National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2006-257 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