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HomeMy WebLinkAbout2011 CON (Notice of Restriction on Real Property) 2238 E 6th StreetRECORDING RE a UEST 1 BY: �t I Pro•-rty Own= 's N.me roperty Owner's Si•.►. ure WHEN RECOR Planning Division City of National City 1243 National City Boulevard National City, CA 91950 D MAIL TO: D 0 C ## 2011-0109001 II FEB 28, 2011 10:57 AM iui OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenbury, Jr., COUNTY RECORDER FEES: 2.00 PAGES 10 111111111111 I I I I 111111 I I I I 1111111111111111111111111111111 I I I I 1111111111111111111111 NOTICE OF RESTRICTION ON REAL PROPERTY: Address: 2238 East 6th Street Assessor's Parcel # 557-150-12, 557-161-01, 02, 11 & 14 The real property located in the City of National City, County of San Diego, State of California described as follows: Lots 1, 2, 3, 7, 8, 9 and a portion of Lot 4, all in Block 3 of Sanitarium Place, in the City of National City, County of San Diego, State of California, according to map thereof No. 1730, filed in the Office of the County Recorder of San Diego County, May 10, 1922, together with a portion of the south half of the west half of the east half of 80 acre Lot 2 in quarter section 130 of Rancho De La Nacion, in the City of National City, County of San Diego, State of California, according to map thereof No. 166, file in the Office of the County Recorder of San Diego County. is restricted by conditions of approval of Planning Commission Resolution No. 3-2011 issued by the City of National City. The obligations and restrictions imposed by Planning Commission Resolution No. 3-2011 approving the Tentative Parcel Map Case 2011-01 LS are binding on all present or future interest holders or estate holders of the property. A copy of the Planning Commission Resolution No. 3-2011 is on file with the National City Development Services Department, Planning Division. Dated: February 10, 2011 APPROVED AS TO FORM: audia G. City Attorne ity of National City Mary =abaki, Dev- • • - ' - ector National City Development Services Department 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 California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Please have this form signed and notarized, and return to the Development Services Department, Planning Division, City of National City, 1243 National City Boulevard, National City, California, 91950 ACCEPTANCE FORM 2011-01 LS STATE OF CALIFORNIA COUNTY OF SAN DIEGO) ss L5 5'. f deposes and says; lam , being first duly sworn, the applicant( for / ownerk of the property described in the above noted Modification to Tentative Parcel Map Case. am) r' We are-1 --- aware off' and accept, all of the conditions of approval in the said Modification to Tentative Parcel Map case 2011-01 LS, as set forth in Planning Commission Resolution No. 3-2011, a copy of which I (we) havereceived, read and accepted. DATE: - %/ Q. 6,2 J U rc N #r, r, 204 v,tlI L�'ttt flit 0-`-0-A .4r Subscribed and sworn to before meL` CV this day of . 2011. 04 -4 g'-ol D i 1 Notary Public.in,.nd for the County of San Die gra State of California. My Commission expires ,5 73 RRAnli5/de- Pi? Address 1/X Vls'T, ( 9/ City, State, Zip CALIFORNIA JURAT WITH AFFIANT STATEMENT See Attached Document (Notary to cross out lines 1-6 below) -1 See Statement Below (Lines 1-5 to be completed only by document signer[s], not Notary) Signature of Document Si. -r No. 1 Signature of Document Signer No. 2 (if any) e State of Caaliffo�or((rlia County JANICE D. PRESSLER Comm. #1902477 Notary Public • California n San Diego County Comm. ExpiresSep Z2014 Place Notary Seal Above Subscribed and sworn to (or affirmed) before me on this S/ day of / tJt2L_tst.k, �� , 20 ' / , by Date ,ylo[h Year (1) iQn =:; (cl Name of Signer proved to me on the basis of satisfactory evidence to be the person who appeared before me (.) (,) (and (2) Name of Signer proved to me on the basis of satisfactory evidence to be the person who appeared before me.) Signature OPTIONAL Signature a iry„P lhl'r 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. Further Description of Any Attached Document Title or Type of Document: /1 ()Oil Document Date: Number of Pages: `l RIGHT THUMBPRINT OF SIGNER #2 Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 •Chatsworth, CA 91313-2402• www.NationalNotary.org Item #5910 Reorde :Call Toll -Free 1-800-876-6827 RESOLUTION NO. 3-2011 A RESOLUTION OF THE PLANNING COMMISSION —OF-THE-C1TY-OF-NATIONAL -CITY,—CALI FORN IA APPROVING A TENTATIVE PARCEL MAP FOR THE CREATION OF THREE COMMERCIAL LOTS AT VALLEYVIEW SANITARIUM AT 2238 EAST 6TH STREET APPLICANT: JAMES S. GRADY CASE FILE NO. 2011-01 LS WHEREAS, application was made for approval of a Tentative Parcel Map for the creation of three commercial lots at Valleyview Sanitarium at 2238 East 6th Street on property generally described as: Lots 1, 2, 3, 7, 8, 9 and a portion of Lot 4, all in Block 3 of Sanitarium Place, in the City of National City, County of San Diego, State of California, according to map thereof No. 1730, filed in the Office of the County Recorder of San Diego County, May 10, 1922, together with a portion of the south half of the west half of the east half of 80 acre Lot 2 in quarter section 130 of Rancho De La Nacion, in the City of National City, County of San Diego, State of Califomia, according to map thereof No. 166, file in the Office of the County Recorder of San Diego County. WHEREAS, the Planning Commission of the City of National City, California, considered said applications at a duly advertised public hearing held on February 7, 2011 at which time the Planning Commission considered oral and documentary evidence; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File No. 2011-01 LS 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 hereby taken is found to be essential for the preservation of the public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, Califomia, that the testimony and evidence introduced in the staff report and public hearing for said tentative parcel map, support the following findings: 1. The proposed map is consistent with the National City General Plan and applicable specific plans, since the established medical uses on the property are allowed in the Private Institutional — Planned Development (IP-PD) zone, and since there are no applicable specific plans. 2. The site is physically suitable for the proposed type of development, since no development is proposed; only a change in ownership of the individual buildings will take place. 3. The site is physically suitable for the proposed density of development, since no development is proposed; only a change in building ownership. 4. The designs 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 no development is proposed. 5. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, since all necessary public services will continue to be provided. 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, since any such easements located on the site will remain accessible or be vacated. 7 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 Califomia Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specked by Government Code Section 66474.6. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, said Tentative Parcel Map for the creation of three commercial lots at Valleyview Sanitarium at 2238 East 6th Street is hereby approved subject to the following conditions: General 1. This Tentative Parcel Map authorizes the creation of four new parcels from five existing parcels. Except as required by Conditions of Approval, all plans submitted for permits associated with the project shall conform with Exhibit A, case file no. 2011-01 LS, dated 1 /18/2011. 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. Before this Tentative Parcel Map 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 Parcel Map. 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 -Parcel -Map 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. 4. Approval of the tentative map expires two (2) years after adoption of the resolution of approval at 6:00 p.m. unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by National City Municipal Code §17.04.070. Building 5. Any plans submitted for construction shall comply with the 2010 editions of the Califomia Building, Electrical, Mechanical, Plumbing, Energy, Fire, Residential and Green Codes. 6. Television cable companies shall be notified a minimum of 48 hours prior to filling of any cable trenches. Engineering 7. A Parcel Map shall be filed and recorded in accordance with City requirements. 8. A deposit shall be made with the Engineering Department for plan checking and inspection services of improvement plans and Parcel Map at the time the plans are submitted. The deposit is subject to adjustment according to actual worked hours and consultant services. 9. Separate water and sewer laterals shall be provided to each lot/parcel. 10.AII new property line survey monuments shall be set on private property, unless otherwise approved. 11. The Parcel Map shall use the California Coordinate System for its 'Basis of Bearing" 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. Fire 12. Any plans submitted for construction shall be in compliance with the current editions of the NFPA, CFC 2010 edition, title 19 and local City of National City Municipal Codes. Planning 13. All designated parking spaces shall continue to be striped and shall remain clear and available for the parking of vehicles at all times. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant. BE IT FURTHER RESOLVED that this resolution shall become effective and final — -upon-adoption, -unless -appealed-pursuant-to -Section17.04.050-of the Subdivision Ordinance of the City of National City CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of February 7, 2011, by the following vote: AYES: Ferias, Alvarado, Baca, Pruitt, Reynolds, Flores. NAYS: ABSENT: DeLaPaz. ABSTAIN: C AIR N PROCEDURES FOR PROCESSING A NOTICE OF RESTRICTION FORM Once your project has received approval (after the City Council has filed the Notice of Decision or approved the project at a public hearing) the following must be done: Notice of Restriction: The Notice of Restriction on Real Property provides information that conditions imposed by the approval of the permit are binding on all present or future property owners. A Notice of Restriction on Real Property form will be completed by the Planning Division and mailed to you along with an All Purpose Acknowledgement form. It is the property owner's responsibility to sign the Notice of Restriction form, have the All Purpose Acknowledgement form completed and notarized, and have both recorded at the County Recorder's office. County Assessor Offices arc located at San Diego County Administration Center 1600 Pacific Highway, Room 260 San Diego, CA 92101 619-238-8158 El Cajon 200 South Magnolia Avenue El Cajon, CA 92020 619-401-5750 San Marcos 334 Via Vera Cruz, Suite 150 San Marcos, CA 92069 760-940-6858 Contact the County Assessor's Office for information regarding recording procedures, fees and office hours. The applicant has the option of requesting a copy of the recorded Notice of Restriction when at the County Recorder's office and to hand deliver it back to the City as there is a three to four week delay in receiving it back from the County Recorder. PROCEDURES FOR PROCESSING AN ACCEPTANCE FORM Once your project has received approval (after the City Council has filed Notice of Decision or approved the project at a public hearing) the following must be done: Acceptance Form: The Acceptance Form is a written statement acknowledging and accepting all conditions imposed upon the approval of the permit. This form, filled out by the Planning Department, will be mailed to you. It must be signed and dated by the property owner in the presence of a Notary Public. If the project applicant is different from the property owner, a second acceptance form will be sent; it must be signed and dated by the applicant in the presence of a Notary Public. The Notary will certify that the signature is legally authentic. (Notary Publics are listed in the Yellow Pages). Once the forms are notarized they are to be returned to the Planning Department. Failure to return the Acceptance Forms within 30 days of its receipt shall automatically terminate the permit.