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HomeMy WebLinkAboutPlanning Commission Staff Report8 9 811 817 CD 10 MU 11 N Cn 706 714 720 730 N Cn W W - -r -East-7th' St --I 822 830 840 CO — W o CO IV CO 340 I G) N CA G) 4 w Subject Parcel — — — Zone Boundary 704 712 MXC-2 cn East 8th Street 0 CD 1 L 923 0 01 430 (D 832 1 r N E-9th-St - 1 906 N 01 MXC-2 Plaza -Blvd. cn i I I I I Feet 0 95 190 380 APN: 556-493-11 Planning Commission Location Map 2011-26 S 10.26.11 N CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT Title: Case File No.: Location: Assessor's Parcel No.: Staff report by: Applicant: Property owner: Combined General Plan/ Zoning designation: Parcel size: Adjacent land use/zoning: North: East: South: West: Environmental review: Item no. 2 November 7, 2011 PUBLIC HEARING — MODIFICATION OF A PREVIOUSLY APPROVED TENTATIVE SUBDIVISION MAP FOR THE HARBOR VIEW CONDOMINIUMS LOCATED AT 819 D AVENUE. 2011-26 S Southeast corner of East 8th Street and D Avenue. 556-493-11 Martin Reeder, AICP Andrew Held 819 D Ave LLC Downtown Specific Plan Development Zone 9 & 10 0.67 acres St Mary's Catholic Church / Major Mixed Use Corridor (MXC-2) Commercial and single family residences / MXC-2 Apartments / MXC-2 Offices and apartments / DSP zones 9 and 10 An Addendum, prepared September 10, 2009, to the National City Downtown Specific Plan, Final Program Environmental Impact Report, February 2005, SCH #2004011110 BACKGROUND Site Characteristics The project site is the Harbor View Condominium building located at the southeast corner of 8th Street and D Avenue within the Downtown Specific Plan area. The building encompasses the whole half block and is split between Development Zone 9 (north) and 10 (south). The original Tentative Subdivision Map (S-2006-16) was approved for 75 dwelling units and 7 commercial suites (82 units). These specific unit numbers were included on the title page for the approved Final Map. Only one of the seven commercial units is being used, whereas all of the residential units are occupied. Proposed Use The applicant is requesting to convert part of the commercial space and common area into six additional residential units. Specifically, the existing gym on the 6th floor would be converted into a 3-bedroom residential unit and the gym relocated to the ground floor; five urban loft -style units (four 2-bedroom and one 1-bedroom) would be constructed in the existing commercial area on the D Avenue frontage (west side); and the commercial suites along 8th Street would be one large unit, rather than individual units. The existing active commercial suite would continue to operate and the overall number of units would remain at 82 (81 residential units and one commercial unit). Given that the Final Map specifically mentions the number and type of condominium units, the modification is necessary to change that language. Analysis The project was approved based on the maximum floor area ratio allowed at the time, which the project would still meet, rather than residential density. Therefore, the project as proposed would still be consistent with the original approval. Seeing as no exterior work is proposed, solely conversion of commercial to residential space, no additional approvals are needed. The only reason that the modification to the subdivision map is required is because the recorded Final Map specifically tied the project to a maximum of 75 residential units and 7 commercial condominium units. Parking The project was originally approved with 12,905 square feet of commercial space. The proposal to convert part of that to the five ground level units reduces the space to approximately 6,500 square feet (including the gym). Parking is required based on requirements of the MXC-2 zone, which has a minimum of 0 spaces and a maximum of 3 spaces per 1,000 square feet. This produces a range of 0 to 20 parking spaces. There are 108 parking spaces on site, 80 in the subterranean parking garage and 28 at ground level. The Downtown Specific Plan requires 100 parking spaces for this residential development, leaving 8 remaining for commercial use, within the 0-20 range. The relocated gym would reduce the amount of commercial space further, thus reducing the need for parking. A Condition of Approval has been added to ensure that the gym is replaced. Summary Due to the recent economic downturn it has been difficult to retain commercial tenants. Since the construction of the Harbor View building, only one commercial tenant has been active at the site, whereas demand for residential units has outstripped demand. In order to take advantage of the residential interest and to offset the lack of commercial interest, the applicant wishes to convert commercial space to residential use. There is no increase in the overall number of condominium units and parking standards are met. In addition, the project is consistent with the Downtown Specific Plan. The project would also allow complete use of an underutilized building, consistent with General Plan policy. RECOMMENDATION Approve 2011-26 S subject to the conditions listed below, based on attached findings. ATTACHMENTS 1. Recommended Findings for Approval 2. Recommended Conditions 3. Location Map 4. Public Hearing Notice (Sent to 51 property owners) 5. City Council Resolution 2006-266 6. Applicant's Plans (Exhibits A and B, case file no. 2011-26 S, dated 10/5/2011) MARTIN REEDER, AICP Assistant Planner RYAMB':I Development Services Director RECOMMENDED FINDINGS FOR APPROVAL 2011-26 S Harbor View 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. 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. RECOMMENDED CONDITIONS OF APPROVAL 2011-26 S Harbor View General 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 10/5/2011. 2. 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. 3. 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 §17.04.070. Building 4. Plans submitted for construction shall comply with the 2010 editions of the California Building, Electrical, Mechanical, Plumbing, Energy, Fire, Residential and Green Codes. Fire 5. Plans submitted for construction shall comply with the 2010 edition of the California Fire Code and the 2010 edition of NFPA. Planning 6. 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. CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING MODIFICATION OF A PREVIOUSLY APPROVED TENTATIVE SUBDIVISION MAP FOR THE HARBORVIEW CONDOMINIUMS LOCATED AT 819 D AVENUE. CASE FILE NO.: 2011-26 S APN: 556-493-11 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, November 7, 2011, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: Andrew Held) The project site is the area at the southeast corner of 8th Street and D Avenue within the Downtown Specific Plan area. The site was approved for 75 dwelling units and 7 commercial suites. The applicant is requesting to convert part of the commercial space and common area into 6 residential units. The existing active commercial suite would continue and the overall number of units would remain at 82. Plans are available for review at the City's Planning Division, Civic Center. Members of the public are invited to comment. Written comments should be received by the Planning Division on or before 12:00 p.m., November 7, 2011, who can be contacted at 619-336-4310 or planning@nationalcityca.gov If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. NATIONAL CITY PLANNING DIVISION MA YAM BABAKI Development Services Director RESOLUTION NO. 2006 -- 266 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TENTATIVE SUBDIVISION MAP FOR HARBOR VIEW CONDOMINIUMS LOCATION: 404 EAST 8TH STREET, 419 EAST 9TH STREET, AND 829 AND 831 D AVENUE APPLICANT: HARBOR VIEW CONDOS LLC I GULF UNLIMITED CORPORATION CASE FILE NO. S-2006-16 WHEREAS, application was made for approval of a Tentative Subdivision Map for the Harbor View Condominiums located at 404 East 8th Street, 419 East 9th Street, and 829 and 831 D Avenue within the City of National City on property 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 6, 2006, and by Resolution recommended conditional approval of the application; and WHEREAS, the City Council of the City of National City considered said application at a public hearing held on December 19, 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 No. S-2006-16, 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 said 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. Resolution No. 2006 — 266 December 19, 2006 Page 2 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. 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 the City Council has considered that the certified Environmental Impact Report for the Downtown Specific Pian serves as adequate environmental documentation, together with any comments received during the public review process, and finds on the basis of the whole record that that the project was adequately considered by the Environmental Impact Report, which reflects the City's independent judgment and analysis, and hereby authorizes the filing of a Notice of Determination. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, that the City Council approves said Tentative Subdivision Map subject to the following conditions: Resolution No. 2006 — 266 December 19, 2006 Page 3 1. Mitigation Measures. The Tentative Subdivision Map shall be subject to all applicable mitigation measures of the adopted Mitigation Monitoring and Reporting Program of the certified Environmental Impact Report for the Downtown Specific Plan. 2. Approved Exhibit. The Tentative Subdivision Map authorizes the subdivision of the subject property for condominium purposes in conformance with Exhibit (S-2006-16), dated October 19, 2006, except as modified by the conditions of approval. 3. Consistency Review. The Tentative Subdivision Map shall be consistent with Downtown Specific Plan Consistency Review (DSP-2005-5). 4. Landscape Plans. The applicant shall submit landscape and irrigation plans for approval and shall install and construct all improvements pursuant to the approved plans prior to occupancy. 5. Lighting Plans. The applicant shall submit lighting plans for approval and shall install and construct all lighting pursuant to the approved plans prior to occupancy. Lighting shall be designed to provide adequate illumination for safety, security, identification, and direction as well as for landmark visibility of the primary buildings and/or significant features of the project. 6. Sign Program. The applicant shall submit a sign program for approval, and all signs shall be designed and installed pursuant to the approved sign program. 7. Public Art Program. The applicant shall submit a public art program for approval and shall install, construct, or implement the approved public art program prior to occupancy. 8. Green Design. The applicant shall incorporate green design, energy efficiency, waste reduction, recycling, conservation, and sustainable design in the project to the maximum extent feasible. 9. Public Improvements. The applicant shall submit improvement plans for all adjacent public rights -of -way for approval. The plans shall be consistent with the Downtown Specific Plan, including the Open Space Framework, the Streetscape Master Plan, and the Design Guidelines. The improvements shall include but not be limited to streets; alleys; curbs and gutter, sidewalks; medians; parkways; landscape; street lights; street furniture; traffic control; parking facilities; utilities; water, sewer, and drainage facilities; and other necessary facilities and infrastructure. The applicant shall install and construct the improvements pursuant to the approved plans prior to occupancy. 10. Engineering Requirements. The applicant shall comply with all engineering requirements, including the listed requirements. a) A Hydrology study (100 year flood) is required for the new project. The study should consider the proposed project area to the closest municipal storm drain collection point. The study should consider the adequacy of the existing storm drain system to convey any additional run off. All Hydrology study findings and recommendations are part of Engineering Department requirements. Resolution No. 2006 — 266 December 19, 2006 Page 4 b) 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. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of c) 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. d) 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. e) All surface run-off shall be collected by approved drainage facilities and directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface run-off resulting from this development. f) A grading and drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall be signed and recorded. The checklists for preparation of the grading plan, drainage plan, and Standard Urban Storm Water Mitigation Plan (SUSMP) are available at the Engineering Department. A National Pollutant Discharge Elimination System (NPDES) permit is required for discharged of storm water runoff associated with construction activity where clearing, grading, and excavation results in a land disturbance. A construction stormwater permit shall be obtained from the Regional Water Quality Control Board. A copy of the permit shall be given to the City of National City Engineering Department prior to any work beginning on the project. h) A sewer permit will be required. A sewer study shall consider the adequacy of the existing sewer system. The sewer study recommendations shall be part of the Engineering Department Requirements. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of-way shall be 8-inch in size with a clean out and the installation of a g) Resolution No. 2006 — 266 December 19, 2006 Page 5 manhole in the street. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. A sewer main runs through the alley that shall be addressed or relocated if building is to be constructed in this location. i) A soils engineering report shall be submitted for the Engineering Department's review, after Planning Commission approval. The report shall address the adequacy of the building pads, the criteria for any new retaining wail design, the maximum allowable soil bearing pressure. As a minimum, the parking lot pavement sections shall be 2 indh A.C. over 4 inch Class II aggregate base. The street pavement sections shall be in accordance with National City modified Standard Drawing G-34. All soils report findings and recommendations shall be part of the Engineering Department requirements. j) The deteriorated portions of existing street improvements (including sidewalks and curbs) along the property frontages shall be removed and replaced. k) 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. I) Street improvements shall be in accordance with City Standards. Abandoned driveway aprons shall be replaced with curbs, gutters, and sidewalks. m) A title report shall be submitted to the Engineering Department, after the Planning Commission approval, for review of all existing easements and the ownership of the property. n) 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. o) 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. The subdivider shall submit an approval letter from Sweetwater Authority stating fire flow requirements have been met. If additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Authority prior to obtaining the Final Map approval. 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. p) q) Resolution No. 2006 — 266 December 19, 2006 Page 6 r) All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. s) The Final Map shall be recorded prior to issuance of any building permit. t) All new property line survey monuments shall be set on private property, unless otherwise approved. u) 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. 11. Public Works Requirements. The applicant shall comply with all public works requirements. a) The developer shall replace the existing sidewalks adjacent to the project. b) Sewer facilities — The developer shall prepare a capacity study and upgrade the sewer line as necessary. c) The developer shall replace the existing street trees with a tree palette commensurate with the building's architecture and adjacent landscaping theme. d) The developer shall install streetlights along the project's frontages. 12. Fire Department Requirements. The applicant shall comply with all Fire Department requirements. a) Automatic fire sprinkler system will be required. b) Wet standpipes will be required c) Automatic and manual fire alarm system with communications system will be required. d) Estimated minimum fire flow will be 3,000 gpm measured at 20 psi residual with a flow duration of 4 hours. e) Underground parking area must have ready emergency access on both sides of parking area. 13. Building Department Requirements. The applicant shall comply with all Building Department requirements, and plans shall 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. Resolution No. 2006 — 266 December 19, 2006 Page 7 14. Police Department Requirements. The applicant shall comply with all Police Department requirements. a) The project shall comply with the crime free multi -housing criteria and crime prevention through environmental design standards. b) The project shall incorporate a camera system for security monitoring purposes of the common, open public spaces and retail areas of this project. Such camera system should be compatible to operationally integrate with the current Police Department security camera project scheduled for various areas throughout the City. 15. National City Transit Requirements. The applicant shall comply with all National City Transit requirements. a) Evaluate existing bus stops for installation of shelters, benches, trash containers, lighting, and CCTV security cameras with direct feed to NCPD if warranted. Cost for these upgrades shall be borne by the developer. b) NCT should be directly involved during the preliminary and ongoing evaluation of any/all proposed shuttle services within National City. An evaluation should also be undertaken to see if it would be more cost effective for NCT to directly operate this proposed new service in conjunction with our existing fixed route service. One benefit of this concept would be the leveraging component of Transit Capital funds for equipment purchases (including vehicles) and possible availability of FTA and Department of Homeland Security funding and grants as well. c) Submit plans to MTS Planner Mike Daney (mike.daney rr7sdmts.com) for review and comments. 16. Covenants, Conditions, and Restrictions. The applicant shall submit a declaration of covenants, conditions, and restrictions for approval prior to approval of a final subdivision map. The CC&Rs shall run with the land, clearly setting forth privileges and responsibilities, including maintenance, involved in the common ownership of buildings, streets, parking areas, walks, open spaces, recreation areas, utilities, and common areas and facilities. The CC&Rs shall allow the City of National City the authority but not the obligation to assume the maintenance of the property and assess the full cost, including overhead costs, as a lien against the property if said property is not adequately maintained pursuant to the CC&Rs. The CC&Rs shall include a determination that the funds provided by the maintenance provisions will be sufficient to cover all contemplated costs. The CC&Rs shall be approved as to form and content by the City Attorney of the City of National City. 17. Property Owners Association. A corporation, association, property owners' group, or similar entity shall be formed with the right to assess properties that 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 such common areas and facilities. Such entity shall operate under recorded CC&Rs approved Resolution No. 2006 — 266 December 19, 2006 Page 8 by the City of National City, which shall include compulsory membership of all property owners and flexibility of assessments to meet changing costs of maintenance, repairs, and services. 18. Business Improvement District. Pursuant to the Implementation Program of the Downtown Specific Plan, the subject property shall be incorporated into the Morgan Square Business Improvement District and assessed as provided for in the district for purposes for which the district was formed. 19. Landscape Maintenance District. Pursuant to the Implementation Program of the Downtown Specific Plan, all properties within the boundaries of the Downtown Specific Plan shall be incorporated into a landscape maintenance district and assessed as provided for in the district for purposes for which the district was formed. 20. Parking District. Pursuant to the Implementation Program of the Downtown Specific Plan, all properties within the boundaries of the Downtown Specific Plan shall be incorporated into a parking district and assessed as provided for in the district for purposes for which the district was formed. 21. Acceptance of Conditions. The applicant and property owner shall sign and have notarized an Acceptance Form acknowledging and accepting all conditions of approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of approval of this permit shall automatically terminate this permit. The applicant shall record a Notice of Restriction on Real Property with the San Diego County Recorder. The Notice of Restriction shall provide that the conditions of approval of this permit are binding on all present and future interest or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney of the City of National City and signed by the City Manager of the City of National City prior to recordation. 22. Expiration. The approved Tentative Subdivision Map shall expire two years after the effective date of approval unless prior to that date a request for a time extension not exceeding three years has been filed as provided by Municipal Code Section 17.04.070. 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 - 266 December 19, 2006 Page 9 PASSED and ADOPTED this 19th day of December 2006. ATTEST: Mi"jai) el R. Dalla City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney sdn, Mayor Passed and adopted by the Council of the City of National City, California, on December 19, 2006, by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Parra, Ungab, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: By: RON MORRISON Mayor of the City of National City, California City Clerk of the City of ffational City, California Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2006-266 of the City of National City, California, passed and adopted by the Council of said City on December 19, 2006. By: City Clerk of the City of National City, California Deputy B ao VICINITY YAP (wR SAUNA ) 90 ao CURB TO ORB 64. BO. TENTATIVE RE -SUBDIVISION 'YAP FOR HARBORUIEH CONLOk/fNIUff f/OOD ZONE DESIGNITTOY mum ZONE PEfl fEMA NM Na O60)]CI911 f AS OE 0619199) 81 RESIDENTIAL UNITS & 1 COMMERCIAL UNIT (6,256 SF RETAIL SPACE) \ A I (EARNS CONTOUR LINE --5] �\ 0 W \ NOSRNSPROPERILINE / / S re y cps EXISTING HANDICAP flAMP B EXISTING ACIPANNC E%IChG TYPICAL SECTION 8 TR ST NOT 10 SCALE EXIST AC PAVING EKGs(/w TYPICAL SECTION 9 TR ST O1 TO SCALE EXIST AC PAVING 2z _ _2z E%AST. /W Ck TYPICAL SECTION 'D' AVE NOT To SCALE EWST. CONCR CkC CGG Si. S/W, CkC TYP SECTION ALLEY NOT TO SCALE \\ m ®�;S{ pI ' GAS EXISTING ffwffl MANNOf£ °VH x NE GA£ EXISTING GAS UNE GAS - Ey15t Uu \O E SIIG SEKR LINE /�.I R NP EMSTNG CURB k CUTTER / o' /� \0 P EXIST. WATER LINE �� �V 'Cr ^� E%ISnNG CONTIGUOUS SIDEWALK s'sY E0. GRAPHIC SCALE 7 ID 9 10 Op ( IN FEET ) I Inch . 2D (A, 1.0 0 40 B 1.L‘ Z E%. fa''CE P> 0 j N L / U £KW81E0. EXISTING DRIVEWAY EMSTNG FLOW UNE EIEVATCN_____ MST!. CURB OWLET EWSTING SIOEWAX I NGEBOR TE EXISTING PED RAMP LEGAL DESCRIPTION : COUNTY OTS 1 OF SANRDIEGO,SSTATE CONDOMINIUMS, CMIEORNIA ACCORDING TO MAP THEREOF No. 15535, FILED IN THE OFFICE OF TIE CONIT RECORDER OF SAN MECO COUNTY, APRIL 5, 2002. I. NO GRADING PROPOSED. O. WATER EASEMENT REC 10/14/1969 IN BOOK) OF DEEDS, PAGE Z IS NOT PLOTTABLE 1 SOCK UIILitt EASEMENT REC. B/09/4007 AS INSTRUMENT 4 2002-0532212 Cr MR IS NOT PLOTTABLE 4$.DSSOR'S PARCEL NO.• 556-492-11-00 RITE ADDRESS • 9 D• AVENUE NAT IONAL CITY, CA 919. SITE USAGE : EXISTING : 75 UNITS RESIDENTIAL/) UNITS COMMERCIAL PROPOSED : Al UNITS RESIDENTIAL/1 UNIT COMMERCIAL LAND USE / ZONING DESIGNATION: EATSTINC GC GENERAL COMMERCIAL ADJACENT,- MULTIPLE RESIOENTIAL k LIMITED COMMERCIAL TOPOGRAPRY: SURVEYED BY: VICTORAN RODRIGUEZ-FERNANOEZ, LS 5335 TOTAL NO. OF LOTS PROPOSED: I LOT N0. 11JTAL AREA PM) APPROb947E CROSS 29,418 29,418 INT 29,118 29,418 OWNER/SUBDIVIDER: 1319 D AVEN E, LEO. ZFRu D AVENUE S. .. EL IN 60]2 W PREPARED BY : VICTOR RODRIGUEZ-FERNAND EZ 4901 MORENA BLVD., STE. 4 409 SAN DIEGO, CA. 92117 OVE: (8581 967-5693 FAX: (760) 252-]4]4 VICTOR ROORIOUEZ-FERNANDEZ R.C.E. 25323 EXHIBIT A CASE FILE NO. 2011-26 S DATE: 10/262011 C105) rn Y 11 T1- ! STREET LEVEL -OVERALL PLAN SCALE /14 1-0 EXHIBIT B CASE FILE NO. 2011-26 S DATE: 10/262011 .1 PEDCOR COMMERCIAL DEVELOPMENT C 4) O as • > E 2 L • Q, U cco ci O N O a • • c � � o 2E z a Bid Set HAWN OVUM as ens on a. O O 0 AAPln STREEV EVEL- OVERALL PLAN A101