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HomeMy WebLinkAbout2011 CON (Notice of Restriction on Real Property) 125 Palm AvenueRECORDING REQUESTED BY: D 0 C ## 2011-0095725 Property QSvy(ier's Sign WHEN RECORDED MAIL TO: Planning Division City of National City 1243 National City Boulevard National City, CA 91950 I8 uimiw II I FEB 18, 2011 11:21 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 30.00 8209 PAGES: 6 11111111111111011111111111111111111 H i l l 11111111111111 I I I I 1111111111111111111111 NOTICE OF RESTRICTION ON REAL PROPERTY: Address: 125 Palm Avenue Assessor's Parcel # 564-391-05 The real property located in the City of National City, County of San Diego, State of California described as follows: That portion of the westerly one-half of 80 acre Lot 1 in Quarter Section 130, Rancho de la Nacion, in the City of National City, County of San Diego, State of California, according to map thereof No. 166, filed in the office of the County Recorder of San Diego County, together with that portion of Lot 77, Block 5 of Paradena Park, according to map thereof No. 1404, filed in the office of the County Recorder of San Diego County. is restricted by conditions of approval of Planning Commission Resolution No. 1-2011 issued by the City of National City. The obligations and restrictions imposed by Planning Commission Resolution No. 1-2011 approving the Zone Variance Case 2010-35 Z are binding on all present or future interest holders or estate holders of the property. A copy of the Planning Commission No. 1-2011 is on file with the National City Development Services Department, Planning Division. Dated: February 8, 2011 APPROVED AS TO FORM: audia G. City Attorne ty of National City 4. Ma 'am Babaki, Development Servlc-s Director National City Development Services Department 8290 ALL PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA } COUNTY OF SAN DIEGO } On February 10, 2011, 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 Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 8291 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County,off 5 i' 1::)/A4*0 On g /?/ f( before me, Datn Title or Type of Document: } C jZ'A aFL - Q/`P /, Here Insert Name and Title of the Officer personally appeared lg1s11E1 kEL Z4 nA G C Z/7 Name4).of Signer(s) • "' HFCTOF. A4. JJAREZ CV 3i ° :OTARY PUBLk • C.ALIFORNIAU a � i SA.N DICCO CC, INTY ,: Comm lssion Expires JJLY 21, 2012 4 --------------------------------- Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the persort(s} whose namefaOire subscribed to the thin instrument and acknowledged to me that she/they executed the same in 6iiher/their authorized capacity(, and that by Is her/their signatures} on the instrument the person 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-tfi har]ykart q#ficial seal. Signature OPTIONAL l Sign'3ture of Notary Public Though the information below is not required by law, it may 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 Ar lCT/te. Gr{ Res-r{ICri'c 0vA fjeQL-,-cr-l-i Document Date: rj C` ) O / I Number of Pages: Signer(s) Other Than Named Above: r--1'1 rv7 13/L4.4)‹.1 Avid C(Au D Ifl C Si I vt Capacity(ies) Claimed by Signer(s) Signer's Name: HL4J e &CZA .Individual • Corporate Officer — Title(s): LJ Partner — LI Limited LI General ❑ Attorney in Fact Li Trustee I Guardian or Conservator ❑ Other: Signer Is Reprerysenting: II)w1sc' RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: ❑ Individual I1 Corporate Officer — Title(s): ❑ Partner — ❑ Limited LI General LI Attorney in Fact ❑ Trustee 1-1 Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here �' S`c�?'.%v`,"�W"4>�:f"cy`r✓%v�=�aY=�"'��-'«S'�'kS.'�if,"e%kfiFS``�S' `�'�l�-'•-k"e=k'.`�:C>`c%k�'�%fiS�{ ©2007 National Notary Association • 9350 De Soto Ave., PO. Box 2402 *Chatsworth. CA 91313-2402 • www.NationalNotary.org Item 45907 Reorder:Call Toll -tree 1-800-876-6827 8292 RESOLUTION NO. 1-2011 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A ZONE VARIANCE TO ALLOW PARKING SPACES AND LIGHT POLES IN THE FRONT YARD SETBACK AT AN EXISTING CHURCH LOCATED AT 125 PALM AVENUE. APPLICANT: MISAEL ZARAGOZA/APOSTOLIC ASSEMBLY OF THE FAITH IN CHRIST JESUS CORPORATION CASE FILE NO. 2010-35 Z WHEREAS, the Planning Commission of the City of National City considered a Zone Variance to allow parking spaces and light poles in the front yard setback at an existing church located at 125 Palm Avenue at a duly advertised public hearing held on January 10, 2011, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. 2010-35 Z, 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 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 January 10, 2011, support the following findings: 1. Because of special circumstances applicable to the property, the strict application of Title 18 of the Municipal Code (Zoning) deprives such property of privileges enjoyed by other properties in the vicinity and under the identical zone classification, since the narrow width of the lot reduces useable lot area proportionally greater than other properties located in the IP zone. 2. The requested Variance is subject to such conditions which will assure that the adjustment authorized will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated, since the triangular lot has more property restricted by the front yard setback than a standard shaped lot of the same square footage. 8293 3. The Variance does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property, since parking lots are an allowable use or activity in the IP zone. BE IT FURTHER RESOLVED that the application for Zone Variance is approved subject to the following conditions: General 1. This Zone Variance authorizes the expansion of a parking lot (paving and light poles) in the front yard setback at an existing church located at 125 Palm Avenue. Plans submitted for approvals shall be in substantial conformance with Exhibit A, case file no. 2010-35 Z, dated 11/24/2010. 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 Department. 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. Before this Zone Variance 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 Zone Variance. 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 Zone Variance 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 5. Any plans submitted for improvements must comply with the current 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. 6. Obtain a building permit prior to installation of the light poles. 'L 94 Engineering 7. The owner understands that any structure placed within the setback area may be removed or relocated in the future for street widening purposes. 8. The owner shall be responsible for the cost of removal and/or relocation of all structures placed in the setback area by the owner or their contractor, developer, or leasers. 9. The owner shall submit a grading and drainage plan for the construction of the parking facility and obtain a construction permit from the City Engineers Office. Planning 10. The applicant shall submit a revised site plan approved by the Planning Division prior to the issuance of grading permits or building permits. The site plan shall reflect new landscaping and planters on the property, a covered trash enclosure, and parking spaces 33-39 to standard parking dimensions or returned to landscape area. 11. This Variance shall expire one year from the approval date if the improvements described in Condition #10 are not installed to the satisfaction of the Planning Division. Additionally, no building permit shall be finaled until improvements in Condition #10 are completed. 12. Parking spaces located in the front yard setback cannot be counted towards the expansion of the church with regards to new construction, seating capacity, etc. since expansion of Palm Avenue will eventually require removal of the spaces. 13. Light from the light poles shall be shaded and adjusted to fall only on church property. 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: This certifies that the Resolution was adopted by the Planning Commission at their meeting of January 10, 2011, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: DeLaPaz, Farias, Alvarado, Baca, Pruitt, Reynolds, Flores CH IRPE,RrSON