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HomeMy WebLinkAbout2010 CON (Notice of Restriction on Real Property) 520 'V' AvenueRECORDING REQUESTED BY: F LSE WC OE L L O Ai Pr Z.J-1(� -cJ PiToierty Owner's Name :, Property Owner's Signature WHEN RECORDED MAIL TO: Planning Division City of National City 1243 National City Boulevard National City, CA 91950 DOC# 2010-0520134 SEP 29, 2010 2:41 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L. BUTLER, COUNTY RECORDER FEES: 43.00 PAGES 10 11I111Il11Illllhlllll1IIIIIIIH11111IIII11111IIII11111111111111111111111111111 15151 NOTICE OF RESTRICTION ON REAL PROPERTY: Address: 520 V Avenue Assessor's Parcel # 557-140-33, 34, 35 The real property located in the City of National City, County of San Diego, State of California described as follows: Lots 1-3 in the City of National City, County of San Diego, State of California, according to Map thereof No. 12287, filed in the Office of the County Recorder of San Diego County, December 20, 1988, is restricted by conditions of approval of Planning Commission Resolution No. 21-2010 issued by the City of National City. The obligations and restrictions imposed by Planning Commission Resolution No. 21-2010 approving the Planned Development Permit (2010-18 PD) are binding on all present or future interest holders or estate holders of the property. A copy of the Planning Commission Resolution No. 21-2010 is on file with the National City Planning Division. Dated: September 16, 2010 AP ' OVED AS TO FORM: . Si City Attorney, y of National City t Maryam Babaki, Developrifeurservices Director National City Development Services Department 15152 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT • State of California CIVIL CODE § 1189 ./7./7./' v7 v 'v '• . '. /7.y7 l' /-` r` /--•/'fit♦ - % •r`./�• Y` .r`%' On 'pt" "V4 /Z before me, EDDY ESPINA, Notary Public Here Insert Name and Title of the Officer County of Date / personally appeared r� ��L�,�I•-'tf PrZAKK3 Names) of Signer(s) z EDDY A. ESPINA Commission # 1891469 Notary Public - California z San Diego County My Comm. Expires May 30. 2014 who proved to me on the basis of sati ry evidence to be the person(s) whose name(s) s re subscribed to(�thin instrument and acknowledged me that a e/they executed the same in /their authorized capacity(ies), and that by r/their signature(s) on the instrument the rson(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand ancf offfs�at�eah, Signature: Place Notary Seal Above _ Signature of Noublic OPTIONAL Though the information below is not required by law, it max prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: CL E fl C--C& Document Date: 2ci' ® 1 0 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: f" Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Individual RIGHT THUMBPRINT 11 Individual OF SIGNER ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Partner — ❑ Limited 1 General ❑ Attorney in Fact LJ Attorney in Fact 'J Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: 3) 3) RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: Signer Is Representing: © 2010 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) 1 3) 3) Item #5907 ALL PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF SAN DIEGO } } 15153 On September 16, 2010 before me, MICHAEL R. DALLA, City Clerk personally appeared Maryam Babaki, Development Services Director who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to on the attached instrument, and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature RESOLUTION NO. 21-2010 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A PLANNED DEVELOPMENT PERMIT FOR THE CONSTRUCTION OF FIVE UNITS AT AN EXISTING 21-UNIT APARTMENT COMPLEX AT 520 V AVENUE. APPLICANT: JOE ASTORGA CASE FILE NO. 2010-18 PD 15154 WHEREAS, the Planning Commission of the City of National City considered a Planned Development Permit application for the construction of five units at an existing 21-unit apartment complex at 520 V Avenue., at a duly advertised public hearing held on August 16, 2010 at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File No. 2010-18 PD, 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 law 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 Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on August 16, 2010, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the 1.48- acre site can accommodate the development of five addition units with adequate access to parking, common area, and private open space for each unit. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the project is in within close proximity to East 8th Street (an arterial street), that has sufficient capacity to adequately handle the approximately 30 average daily trips (ADT) generated by the project without a significant decrease in operating levels of service. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the site is surrounded by other multi -family residential uses and more intensive non-residential uses; therefore, the project would not divide an established community. 15155 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the project will provide new rental opportunities, and promote the development and use of a currently underutilized property. BE IT FURTHER RESOLVED that the application for Planned Development Permit for the construction of five units at an existing 21-unit apartment complex at 520 V Avenue.is approved subject to the following conditions: General 1. This Planned Development Permit authorizes the addition of five (5) units on property developed with the 21-unit Villa Paraiso apartment complex. Except as required by Conditions of Approval, all plans submitted for permits associated with the project shall conform with Exhibits A and B, Case File No. 2010-18 PD, dated 6/7/2010. 2. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Division. 3. This permit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 4. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 5. Before this Planned Development Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Division, 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 Planned Development Permit. 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 Planned Development Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Development Services Director prior to recordation. Building 6. All plans shall comply with the 2007 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. 7. Call 800-227-2600 (Underground Service Alert) for mark out prior to any digging activities. 15156 8. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. Engineering 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. 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. 11. 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. 12. 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. A checklist for preparation of the grading plan/drainage plan is available at the Engineering Department. 13. The property owner, or its successors and assigns shall be responsible for the maintenance, repair, or reconstruction of all irrigation and landscaping improvements installed within the public right-of-way. Sprinkler heads shall be adjusted so as to prevent overspray upon the public sidewalk or the street. The proposed sprinkler heads shall be installed behind the sidewalk, and the irrigation mainline upon private property only, as required by the City. The property owner or, its successors or assigns, shall be remove and relocate all irrigation items from the public right-of-way at no cost to the City, and within a reasonable time frame upon a written notification by the City Engineer. 14. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City 15157 right-of-way shall be 6 inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 15. A soils engineering report shall be submitted for the Engineering Department's review, after Planning Commission approval. The report shall address the stability of all of the existing and proposed slopes on the property. It shall also address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure and the required pavement structural sections for the proposed streets, the parking areas, and the driveways. As a minimum, the parking lot pavement sections shall be 2 inch 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. 16. The deteriorated portions of the existing street improvements (30 feet of sidewalk) along the property frontages shall be removed and replaced. 17. The proposed inlet on the property shall be provided with "NO DUMPING" signage in accordance with the NPDES program. 18. 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. 19. The existing pedestrian ramp at the northwest corner of the intersection of East 7th Street and V Avenue shall be removed and replaced with standard ramp complying with A.D.A. requirements and the applicable Regional Standard Drawings. 20. 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. 21. 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. 22. All existing survey monuments, including any benchmark, within the boundaries of the project shall be shown on the plans. If disturbed, a licensed land surveyor or civil engineer shall be shown on the plans. If disturbed, a licensed land surveyor or civil engineer shall restore them after completion of the work. A Corner Record shall be filed with the County of San Diego Recorder. A copy of the documents filed shall be given to the City of National City Engineering Department as soon as filed. 23. All new dwelling units are subject to a $2,081 Traffic Impact Fee per unit per City of National City ordinance. This includes new homes, condos and apartments. Fire 15158 24. The project is to be in compliance with the current editions of NFPA, CFC, title 19 and local City of National City Municipal Codes. 25. The existing apartment buildings contain a sprinkler system. New construction shall be evaluated for sprinkler coverage. 26. A contractor's license is required for fire sprinkler and alarm design plans. Fire Protection Systems require a C-16 license and Fire Alarm Systems require a C- 10 license. The contractor's stamp shall be visible on all sets of plans. 27. Fire Sprinkler, Fire Alarm, Fire Protection Systems and Fire Underground plans are to be directly submitted to the National City Fire Department under separate permits for review and permitting. Fees along with three (3) sets of plans including all "Cut Sheets and Calculations" shall be included upon submittal. Plan review shall be a 30 day plan review process or 21 working days. No over the counter plan reviews accomplished. 28. Supervision (Fire Alarm) of sprinkler piping and fire detection devices shall be automatically supervised where more than 20 sprinklers are on the system. 29. Plans will not be reviewed until fees have been paid. Checks shall be payable to the City of National City. 30. Upon submittal for City permits, the following shall be included for Fire Underground plans: • Data sheet for Back -Flows • Data sheets for Private and Commercial Hydrants • Data sheets for Post Indicator Valves Information on required fire hydrants back -flow devices, etc; can be acquired from Sweetwater Authority. All pipe and their appliances, shall meet industry/code standards for under ground use. 31. Should any plan corrections be required, the contractor must correct the plan and re -submit to the Fire Department for approval prior to installation. 32. Once plans are approved, contact will be made with the contractor. The contractor will be required to retrieve the approved plan from the National City Fire Department. The contractor will be required to sign the permit and pick up the approved plans. Work may not commence prior to plan pick-up. 33. A rough inspection of all work is required prior to closure. All rough work shall be visible at time of inspection 34. A request for an inspection shall be made 48 hours in advance. The inspection shall be made once work is complete utilizing approved and stamped plans. The contractor shall be required to have the approved plans on site per code. 35. All contractors shall possess a National City Business License prior to Fire Department plan submittal. A copy of the business license will be required at the time of plan submittal. 36. Any FDC caps are to be Knox FDC Plugs. Knox applications can be acquired from the National City Fire Department Administration offices. 15159 37. If entrance/exit gates are used, the gates shall be equipped with a Knox Box and Emergency Strobes so as to provide emergency vehicle access and egress. A Knox Key Switch shall be required in conjunction with the strobe for emergency access and shall be placed at the front of the property. Please contact the National City Fire Department for the exact field location. 38. During construction, the project shall follow Chapter 14 of the CFC edition "Fire Safety During Construction Alteration Or Demolition Of A Building". 39. Addressing shall be visible from the street. Lettering shall be a minimum of eight (8) inches in height and shall be in a contrasting color to the structure. Please contact the National City Building Department for required addresses. Planning 40. Unless specifically covered by Conditions of Approval of this approval (2010-18 PD) the subject Villa Paraiso apartment complex shall continue to comply with all Conditions of Approval for the previous approval (PD-4-87) as specified in Planning Commission Resolution No. 32-87, excepting previous condition No. 24, which shall no longer refer to the tot lot or the northern parcel as being required to be held in common ownership for the permanent use and enjoyment of all owners of the development. 41. Prior to issuance of building permits, the applicant shall provide recordation of the lot merger of all three parcels for the project. 42. At the time of building permit submittal, an exterior lighting plan shall be provided in conformance with National City Land Use Code §18.60.010. The plans shall also show walkway lighting as well as building entrance lighting. 43. All requirements for this project as stated in the letter from Sweetwater Authority, dated June 14, 2010 shall be provided and/or incorporated into building plans. 44. A landscape and below -grade irrigation plan shall be submitted that reflects the approved landscape and irrigation concept plan. The plans shall reflect the plant species, number, and plant sizes, all fencing and gates and walkway/building lighting. The plans shall be submitted with the building permits for review and approval by the Planning Division. 45. At time of building permit submittal, the proposed design shall show adequate provisions for the separation of recyclable items from household trash pursuant to section 9.52 of the National City Municipal Code. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: 15160 This certifies that the Resolution was adopted by the Planning Commission at their meeting of August 16, 2010, by the following vote: AYES: DeLaPaz, Farias, Alvarado, Baca, Pruitt, Reynolds, Flores. NAYS: ABSENT: ABSTAIN: C IRMAN