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HomeMy WebLinkAbout2013 CON (Notice of Restriction on Real Property) 1624 South Lanoitan AvenueRECORDING REQUESTED B : L� t Sofi0 Property Owper's Property tner's Sri nature WHEN RECORDED MAIL TO: Planning Division City of National City 1243 National City Boulevard National City, CA 91950 DOC # 2013-0210393 IIIIII1I II1 hill IIIII IIIII IIIII illll Iilll IIIII IIIII IIIII hill IIII illl APR 03, 2013 3:50 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 16.00 14 381 PAGES 8 I IIIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII 11111 II1II IIIII 11111 HII 1111 IIII NOTICE OF RESTRICTION ON REAL PROPERTY: Address: 1624 South Lanoitan Avenue Assessor's Parcel # 558-200-34 The real property located in the City of National City, County of San Diego, State of California described as follows: Lot 198, Lincoln Acres Annex Unit No. 2, in the City of National City, County of San Diego, according to Map thereof No. 1748, filed in the office of the County Recorder of San Diego County, February 7, 1923. is restricted by conditions of approval of Planning Commission Resolution No. 4-2013 issued by the City of National City. The obligations and restrictions imposed by Planning Commission Resolution No. 4-2013 approving the Zone Variance (2013-01 Z) are binding on all present or future interest holders or estate holders of the property. A copy of the Planning Commission Resolution No. 4-2013 is on file with the National City Planning Division. Dated: March 20, 2013 aulston, Executive Director National City Development Services Department APPROVED AS TO FORM: A C auia 9: Silva, City Attorney City of National City CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 14382 CIVIL CODE § 1189 kY�cv�:t�,s�6�.� ftF;Erh'Ls.�P,c,�"F:ts'k P.cai�.�.ci"�.�,[�"�A�^�.k�.�K✓_.e`frrc^t�.F t�.[�t�.�K'.c�l�.r�E`.��.+-�.k:F.crif;Cs.F��.�C`�.i*7�4i�Cc'tSe��r^.�t+.,e;•F�,�.? State of Californian County of �,' n l.) C �` J On a -pi (2 before me, Date personally appeared } Here Insert Name a Title of the Officer Jt✓(a c /r Name(s) of Signer(s) A. VICTORIA Commission of 2005291 Notary Public - California San Diego County My Comm. Extras Jan 26, 2017411 Plane Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(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 and official seal. Signature: OPTIONAL Signature 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 Title or Type of Document: 1b"+l C C C V. e—s r C-mn OA Real Cluceiy- Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Corporate Officer — Title(s): Individual Partner — _ Limited General I Attorney in Fact 1- Trustee 1 Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER fop of thumb here Signer's Name: Corporate Officer — Title(s): I Individual ri Partner — I.I Limited 7:1 General Attorney in Fact C Trustee ❑ Guardian or Conservator rl Other: Signer Is Representing: (5, 2010 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) RIGHT THUI OF SIG PRINT R Top of thumb here Item #5907 14383 ALL PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF SAN DIEGO On March 26, 2013, before me Michael R. Dalla, City Clerk, personally appeared BRAD RAULSTON, Executive Director and CLAUDIA G. SILVA, City Attorney, who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons 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 A Michael R. Dall./ CMC, City Clerk RESOLUTION 4-2013 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A ZONE VARIANCE FOR A REDUCED REAR YARD SETBACK RELATED TO A RESIDENTIAL ADDITION AT 1624 SOUTH LANOITAN AVENUE. APPLICANT: SILVIA SOTELO CASE FILE NO. 2013-01 Z 14384 WHEREAS, the Planning Commission of the City of National City considered a Zone Variance for a reduced rear yard setback related to a residential addition at 1624 South Lanoitan Avenue at a duly advertised public hearing held on March 4, 2013, 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. 2013-01 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 March 4, 2013, support the following findings: 1. Because of special circumstances applicable to the property, including size, shape, or topography, 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 property is shallow in depth, which restricts the normal buildable area afforded standard -shaped lots, and since the north side of the lot is restricted by a retaining wall due to an embankment sloping down into the property. 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 there are multiple properties in the same neighborhood in the same zone which have Tess than the required rear yard setback. 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 a single- family residence is an allowed use in the underlying residential zone (RS-2). BE IT FURTHER RESOLVED that the application for Zone Variance is approved subject to the following conditions: General 1. This Zone Variance authorizes a single-family residential addition with a Tess than required rear yard setback at 1624 Lanoitan Avenue. Plans submitted for approvals shall show the location of the addition in substantial conformance with Exhibit A, case file no. 2013-01 CUP, dated 1/7/2013. 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 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 Zone Variance. The applicant shall also submit evidence to the satisfaction of the Planning Department 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 Executive 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. Engineering 6. A drainage plan shall be submitted showing all of the proposed and existing conditions. 7. The Priority Project Applicability checklist for the National Pollutant Discharge Elimination System (NPDES) is required to be completed and submitted to the Engineering Division. 8. 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. 9. An existing 20-foot wide right-of-way easement reserved by Sweetwater Authority is located along the westerly 20 feet of the property. The easement shall be shown on plans and permission must be granted by Sweetwater Authority for construction within the easement. 14385 10. A title report shall be submitted to the Engineering Division, after Planning Commission approval for review of all existing easements and ownership of the property. Fire 14386 11. 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. Planning 12. Plans submitted for building permits must meet appropriate design guidelines as specified by the Land Use Code, including a matching pitch roof and matching construction materials. Sweetwater Authority 13. In the event that the property is ever redeveloped, the existing 20-foot Sweetwater Authority right-of-way easement shall be quitclaimed through the standard [Sweetwater] Authority process. 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: This certifies that the Resolution was adopted by the Planning Commission at their meeting of March 4, 2013, by the following vote: AYES: Baca, Bush, DeLaPaz, Flores, Pruitt, Reynolds, Alvarado NAYS: None ABSENT:None ABSTAIN: None CHAIRPERSON 14337 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 arc to be returned to the Planning Department. Failure to return the Acceptance Forms within 30 days of its receipt shall automatically terminate the permit. 14338 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 STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss says; I am We are Case. ACCEPTANCE FORM 2013-01 Z 5 (\4a. Lo j-e l o , being first duly sworn, deposes and the applicant(s) for / owner(s) of the property described in the above noted Zone Variance I am We are aware of, and accept, all of the conditions of approval in the said Zone Variance case as set forth in Planning Commission Resolution No. 4-2013, a copy of which I (we) have received, read and accepted. DATE: gna ure) na/4,7 Address Subscribed and sworn to before me this 1 day of fit' I , 2013. Notary Public in and for the County of San Diego, State of California. • My Commission expires 1 I2ID I I .