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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
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EKGs(/w
TYPICAL SECTION 9 TR ST
O1 TO SCALE
EXIST AC PAVING
2z _ _2z
E%AST. /W
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TYPICAL SECTION 'D' AVE
NOT To SCALE
EWST. CONCR
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CGG
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TYP SECTION ALLEY
NOT TO SCALE
\\ m ®�;S{ pI ' GAS EXISTING ffwffl MANNOf£ °VH
x NE
GA£ EXISTING GAS UNE GAS -
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/�.I R NP EMSTNG CURB k CUTTER
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�� �V 'Cr ^� E%ISnNG CONTIGUOUS SIDEWALK
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( IN FEET )
I Inch . 2D (A,
1.0
0
40
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0 j
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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
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as ens on a.
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STREEV EVEL-
OVERALL PLAN
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