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Home My WebLink AboutCC RESO 2011-264RESOLUTION NO. 2011 — 264 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A MODIFICATION OF A PREVIOUSLY APPROVED TENTATIVE SUBDIVISION MAP FOR THE HARBOR VIEW CONDOMINIUMS LOCATED AT 819 D AVENUE APPLICANT: ANDREW HELD; CASE FILE NO. 2011-26 S WHEREAS, application was made for approval of a modification of a previously - approved Tentative Subdivision Map for the Harbor View Condominiums located at 819 D Avenue, generally described as: Lots 1, 2, 3, 4 and 5, in block 1 of T. Parson's Addition, being a subdivision of ten acre lot 16 in quarter section 154 Ranch De La Nacion, in National City, in the County of San Diego, State of California, according to map thereof no. 57, filed in the Office of the County Recorder of San Diego County, April 26, 1881. WHEREAS, the Planning Commission considered said application at a public hearing held on November 7, 2011, and by resolution recommended conditional approval of the application; and WHEREAS, the City Council considered said application at a public hearing held on December 6, 2011, 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 No. 2011-26 S, 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 modification of said previously -approved Tentative Subdivision Map based on the following findings: 1. The project is consistent with the Downtown Specific Plan for which an Environmental Impact Report was certified and Mitigation Measures and a Mitigation Monitoring and Reporting Program were adopted. 2. The proposed map is consistent with the General Plan since it is consistent with and implements the Downtown Specific Plan, which is a further refinement of the goals and objectives of the General Plan. 3. The site is physically suitable for the proposed type of development since the proposed project and all required improvements can be provided on site, and the project would comply with the applicable development standards or has been granted the appropriate exemptions. Resolution No. 2011 — 264 November 15, 2011 Page Two 4. The site is physically suitable for the proposed density of development since the proposed project and all required improvements can be provided on site, and the project would comply with the applicable development standards or has been granted the appropriate exemptions. 5. 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 was previously developed and is located in a completely urbanized area. 6. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, since all necessary public services, facilities, infrastructure, and utilities will be provided. 7. 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, or such easements will be provided or relocated as required. 8. 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. 9. 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. 10. 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. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, that the City Council approves said modification of a previously approved Tentative Subdivision Map for the Harbor View Condominiums located at 819 D Avenue, subject to the following conditions: 1. This Tentative Subdivision Map modification authorizes the conversion of existing commercial and common area into six additional residential units, not to exceed 82 condominium units. Unless specifically modified by this resolution, all previous Conditions of Approval as stated in City Council Resolution 2006-266 are still in effect. Except as required by Conditions of Approval, all plans submitted for permits associated with this project shall conform with Exhibits "A" and "B", Case File No. 2011-26 S, dated October 5, 2011. Resolution No. 2011 — 264 November 15, 2011 Page Three 1. Before this Tentative Subdivision Map modification 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 modification. The applicant shall also submit evidence to the satisfaction of the Development Services 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 modification 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 Development Services Director prior to recordation. 2. The approved Tentative Subdivision Map shall expire two (2) years after the effective date of approval unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by Municipal Code Section 17.04.070. 3. Plans submitted for construction shall comply with the 2010 editions of the California Building, Electrical, Mechanical, Plumbing, Energy, Fire, Residential, and Green Codes. 4. Plans submitted for construction shall comply with the 2010 edition of the California Fire Code and the 2010 edition of NFPA. 5. The gym removed from the sixth floor shall be relocated to the ground floor and shall remain primarily accessible to all residents of the building. 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 6th day of December 2011. on Morrison, ! ayor ATTEST: APPROVED AS TO FORM: Mic , ity th11a Clerk ArClaudia Gacitua Silva City Attorney Passed and adopted by the Council of the City of National City, California, on December 6, 2011 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Rios, Sotelo-Solis, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California A)1 City CI k 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. 2011-264 of the City of National City, California, passed and adopted by the Council of said City on December 6, 2011. City Clerk of the City of National City, California By: Deputy