HomeMy WebLinkAbout2011 CON (Notice of Restriction on Real Property) 1941 Palm AvenueRECORDING REQUESTED BY:
BENJAMI N Y I C'$H,"
Property Owner's Name
Property Owner's Signatur
WHEN RECORDED AIL TO:
Planning Division
City of National City
1243 National City Boulevard
National City, CA 91950
DOC # 2011-0640078
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NOV 30, 2011 11:20 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg, Jr., COUNTY RECORDER
FEES: 58.00
20 PAGES 9
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NOTICE OF RESTRICTION ON REAL PROPERTY:
Address:
Assessor's Parcel # 556-101-15
The real property located in the City of National City, County of San Diego, State of California
described as follows:
A portion of the south half of the southwest quarter of the west half of 60 Acre Lot 1 in
Quarter Section 128 of Rancho De La Nacion, County of San Diego, State of California,
according to Map thereof No. 166, made by Morrill, filed in the office of the County
Recorder of San Diego County on May 11, 1869.
is restricted by conditions of approval of Planning Commission Resolution No. 21-2011 issued by the
City of National City. The obligations and restrictions imposed Tentative Parcel Map (2011-21 LS) are
binding on all present or future interest holders or estate holders of the property. A copy of the Planning
Commission Resolution No. 21-2011 is on file with the National City Planning Division.
Dated: October 3, 2011
National City Development Services Department
A OVED AS TO FORM:
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City Attom. ity of National City
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
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OFFICIAL SEAL
RAMONA KHYROLOMOOR
NOTARY PUBLIC-CALIFORNIA E4
COMM. NO. 1906799 --
SAN DIEGO COUNTY
MY COMM. EXP. OCT.31, 2014
Place Notary Seal Above
capacity(�a} and that by
instrument the person(, or the entity upon behalf of
which the personOrj-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.
who proved to me on the basis of satisfactory evidence to
be the person(9).whose name �s re subscribed to the
within instrument and ackno edged to me that
helshe/they executed the +e in is er/their authorized
er/their signature(* on the
WITNESS my hand and official seal.
Signature
Slgnalur%f Notary Public
OPTIONAL
Though the information below fs 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
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Number of Pages:
Signer's Name: Signer's Name:
Li Individual
❑ Partner —❑ Limited ❑ General
O Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
❑ Individual
❑ Corporate Officer — Title(s): U Corporate Officer — Title(s):
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L] Partner — O Limited 0 General
0 Attorney in Fact
Trustee
❑ Guardian or Conservator
0 Other:
Signer Is Representing:
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02007 National Notary Association. 9350 De Soto Ave., Pa Box 2402 • Chatsworth, CA 91313•2402 • www.NalionalNolary.org Item #5907 Raorde, Call Tolt.Free 1.800-876.6827
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ALL PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
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On October 3, 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
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RESOLUTION NO. 21-2011
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF NATIONAL CITY, CALIFORNIA,
APPROVING A TENTATIVE PARCEL MAP FOR A TWO LOT SPLIT
AND LOT LINE ADJUSTMENT AT 1941 PALM AVE.
APPLICANT: JOSE PEREZ
CASE FILE NO. 2011-22 LS
WHEREAS, application was made for approval of a Tentative Parcel Map for a
two lot split and lot line adjustment at 1941 Palm Avenue on property generally
described as:
A portion of the south half of the southwest quarter of the west half of 80-
acre Lot 1 in quarter section 128 of Rancho de la Nacion, County of San
Diego, State of California, according to map thereof No. 166 made by
Merrill, filed in the office of the County Recorder of San Diego County on
May 11, 1869.
WHEREAS, the Planning Commission of the City of National City, California,
considered said applications at a duly advertised public hearing held on September 19,
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. 2011-22 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, California, 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 proposal will create an additional homeownership
opportunity, and since there are no applicable specific plans.
2. The site is physically suitable for the proposed type of development, since two
single-family homes can be located on the two proposed lots with all commensurate
improvements and meeting all pertinent Land Use Code requirements.
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3. The site is physically suitable for the proposed density of development, since the
density of the two proposed RS-2-zoned lots (8.2 and 8 units per acre respectively)
is consistent with the General Plan allowable maximum densities of 6 to 9 units per
acre.
4. 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 there is no native habitat or bodies of water on the
previously developed 10,709 square -foot property, which is located in an urbanized
area.
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 be provided.
6. 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 no such easements are located
on the site.
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
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.
8. 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.
9. 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 based on the findings hereinbefore stated,
said Tentative Parcel Map for a two lot split and lot line adjustment at 1941 Palm
Avenue is hereby approved subject to the following conditions:
General
1. This Tentative Parcel Map authorizes the creation of two new parcels from one existing
parcel. Except as required by Conditions of Approval, all plans submitted for permits
associated with the project shall conform with Exhibit A, case file no. 2011-22 LS, dated
8/2/2011.
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2. 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 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 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.
3. 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
4. Any plans submitted for construction shall comply with the 2010 editions of the
California Building, Electrical, Mechanical, Plumbing, Energy, Fire, Residential and
Green Codes.
5. Television cable companies shall be notified a minimum of 48 hours prior to filling of any
cable trenches.
Engineering
6. The Priority Project Applicability checklist for the Standard Urban Storm -water
Mitigation Plan (SUSMP) is required to be completed and submitted to the
Engineering Division. The checklist will be required when a project site is submitted
for review of the City Departments. The checklist is available at the Engineering
Division. 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.
7. 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.
8. 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.
9. 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
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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 Division.
10. The Priority Project Applicability checklist for the National Pollutant Discharge
Elimination System (NPDES) is required to be completed and submitted to the
Engineering Division. The checklist will be required when a project site is submitted
for review of the City Departments. The checklist is available at the Engineering
Division. 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) approved Standard Urban Storm Water Mitigation Plan (SUSMP)
documentation will be required prior to issuance of an applicable engineering
permit. The SUSMP shall be prepared by a Registered Civil Engineer.
11. 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.
12.A sewer permit will be/may be required. 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 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.
13.A soils engineering report shall be submitted for the Engineering Division'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 Division requirements.
14. The deteriorated portions of the existing street improvements along the property
frontages shall be removed and replaced. Specifically all sidewalks, driveways, and
curb and gutter.
15. Street pavement repair will be required. Utility trenches shall be per National City
Standards.
16. The existing street improvements along the property frontage(s) shall be kept free
from weed growth by the use of special weed killers, or other approved methods.
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17. 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 Division as soon as filed.
18.A permit shall be obtained from the Engineering Division for all improvement work
within the public right-of-way, and any grading construction on private property.
19.Street improvements shall be in accordance with the City Standards. All missing
street improvements shall be constructed. Abandoned driveway aprons shall be
replaced with curb, gutter, and sidewalk.
20.A title report shall be submitted to the Engineering Division, after the Planning
Commission approval, for review of all existing easements and the ownership at the
property.
21.AII new dwellings are subject to a $2,123 Traffic Impact Fee per unit. This includes
new homes, condos and apartments.
22.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.
23. Other miscellaneous requirements: All curb and gutter shall be replaced. All utilities
crossing under curbs shall be mark with a stamp in the top of curb — "S" for sewer
"W" for water and "G" for gas.
24. The final parcel 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.
25.The developer shall submit to the Fire Department a letter from Sweetwater
Authority stating existing fire flow. If determined by the Fire Department that
additional improvements are needed, the developer shall enter into an agreement
for the water improvements with the Sweetwater Authority prior to obtaining the final
map approval.
26. Separate water and sewer laterals shall be provided to each lot/parcel.
27. The final map shall be recorded prior to issuance of any building permit.
28.AII new property line survey monuments shall be set on private property, unless
otherwise approved.
29.The parcel map/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.
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Fire
30. 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.
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 Section 17.04.050 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 September 19, 2011, by the following vote:
AYES: Farias, Alvarado, Baca, Pruitt, Reynolds, Flores
NAYS:
ABSENT: DeLaPaz, Baca
ABSTAIN:
•
CHAIRMAN A N