HomeMy WebLinkAbout2013 CON (Notice of Restriction on Real Property) 616 East 8th StreetRECORDING REQUESTED BY:
Property�er's Name
Property (pwner's Signature
WHEN RECORDED MAIL TO:
Planning Division
City of National City
1243 National City Boulevard
National City, CA 91950
D O C # 2013-0124966
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FEB 26, 2013 1:38 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg, Jr., COUNTY RECORDER
FEES: 41.00
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NOTICE OF RESTRICTION ON REAL PROPERTY:
Address: 616 East 8th Street
Assessor's Parcel # 556-492-24
The real property located in the City of National City, County of San Diego, State of California
described as follows:
See attached Exhibit "A"
is restricted by conditions of approval of Planning Commission Resolution No. 3-2013 issued by the
City of National City. The obligations and restrictions imposed by Planning Commission Resolution
No. 3-2013 approving the Conditional Use Permit (2012-24 CUP) are binding on all present or future
interest holders or estate holders of the property. A copy of the Planning Commission Resolution No. 3-
2013 is on file with the National City Planning Division.
Dated: February 20, 2013
APPROVED AS TO FORM:
Iva,
ttorney,
ity of National City
on, Executive Director
atonal City Development Services Department
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
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Here Insert Name and rale of the Officer
Narne(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(s) whose narne(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:
Document Date:
Signer(s) Other Than Named Above:
Number of Pages:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
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JMISPRINT
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Signer's Name:
Li Individual
❑ Corporate Officer - Title(s):
❑ Partner — ❑ Limited O General
❑ Attorney in Fact
L Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
02007 National Notary Association • 9350 De Soto Ave.. P.O. Doc 2402 • Chatsworth, CA 91313-2402 • www.NationalNotaryorg [tent e5907 Reorder Call Toll -Free 1 800-876 6827
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EXHIBIT A
All that certain real property situated in the County of San Diego, State of
California, described as follows:
The Easterly 70.00 feet of Lots 6 to 10, inclusive, In Block 3 of the Subdivision of
10 acre Lot 16, in Quarter Section 154 of Rancho De La Nation, in the City of
National City, County of San Diego, State of California, as shown on Map of T.
Parson's Addition to National City, being Map No. 57, filed in the Office of the
County Recorder of said San Diego County, April 26, 1881.
Also all that portion of the West Half of "G' Avenue lying Easterly of and
adjoining said Lots as vacated and closed to public use on April 15, 1913, by
Resolution of the Board of Trustees of City of National City, a certified copy of
which said Resolution was recorded in the Office of the County Recorder of said
San Diego County, February 3, 1922, in Book 58, Page 319 of Miscellaneous
Records.
Also that portion of the Northerly 40.00 feet of 9s' Street as vacated and closed
to public use on August 15, 1911, by Resolution of the Board of Trustees of City
of National City, lying Southerly of and adjoining said portion of Lot 6 and lying
Southerly of and adjoining said vacated point of "G' Avenue, a certifledcopy of
which said Resolution was recorded in the Office of the County Recorder of said
San Diego County, February 3, 1922, in Book 58, Page 317 of Miscellaneous
Records.
ALL PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
}
}
On February 20, 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
Mic ael R. Dalla ' MC, City Clerk
15183
RESOLUTION NO. 3-2013
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF NATIONAL CITY, CALIFORNIA,
APPROVING A CONDITIONAL USE PERMIT FOR THE
EXPANSION OF AN EXISTING CHURCH, INCLUDING THE
CONSTRUCTION OF A NEW SCHOOL, WITH A REQUEST FOR
A REDUCTION IN OFF-STREET PARKING AT 616 E. 8TH ST.
CASE FILE NO. 2012-24 CUP
APN: 556-492-24
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WHEREAS, the Planning Commission of the City of National City considered a
Conditional Use Permit for the expansion of an existing church, including the
construction of a new school, with a request for a reduction in off-street parking at 616
E. 8th Street at duly advertised public hearing held on February 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. 2012-24 CUP 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 February 4, 2013, support the following
findings:
1. That the site for the proposed use is adequate in size and shape, since the
expansion of the building can be achieved within the design criteria required by the
Land Use Code, and since the use is consistent with other uses in the area.
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 educational use is expected to produce 225 ADT
(additional daily trips), which can be handled by East 8th Street — an arterial —
operating at LOS B or C.
3. That approval of a reduction in parking based on a shared parking scenario is
warranted, since the two uses are mutually exclusive and would not occur at the
same time; therefore, not needing to provide parking for both uses simultaneously.
4. That the proposed use will not have an adverse effect upon adjacent or abutting
properties, since the majority of the use will continue to be indoors and that
Conditions of Approval address potential noise issues trom outside activities to
mitigate or avoid these issues.
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5. That the school is deemed essential and desirable to the public convenience and
welfare, since it will provide additional education opportunities for elementary and
middle school age children in National City.
BE IT FURTHER RESOLVED that the application for Conditional Use Permit is
approved subject to the following conditions:
General
1. This Conditional Use Permit authorizes a 7,388 square -foot addition to an existing
church, including a 6-classroom K-8 school, with a reduction in required parking at the
International Bible Baptist Church located at 616 East 8th Street. Except as required
by Conditions of Approval, all plans submitted for permits associated with this project
shall conform with Exhibit A, Case File No. 2012-24 CUP, dated 12/17/2012.
2. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the
Califomia 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
the Municipal Code.
4. Before this Conditional Use Permit 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 Conditional Use
Permit. The applicant shall also submit evidence to the satisfaction of the Executive
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 Conditional Use 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 Executive Director prior to recordation.
Engineering
5. A Hydrology study (100 year flood) is required for the new project. The study should
consider the proposed project area to the closest municipal storm drain collection
point. The study should consider the adequacy of the existing storm drain system to
convey any additional run off. All Hydrology study findings and recommendations
are part of Engineering Department requirements.
6. The Priority Project Applicability checklist for the National Pollutant Discharge
Elimination System (NPDES) 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 Cityt 5186
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.
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.
8. All surface run-off shall be treated with an approved Non-SUSMP Standard
Permanent Storm Water Best Management Practice (BMP). No runoff will be
permitted to flow over the sidewalk or driveway. 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 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.
10.A sewer permit 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.
11.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 Engineering Department requirements.
12.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.
13.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.
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14.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.
15.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.
16. The existing sewer lateral(s) to the property shall be videotaped to determine the
serviceability of the line. If the line needs to be replaced a sewer permit will be
required.
17. The legal description of the property is not correct as shown on the title sheet. The
property contains the Easterly 70 Feet of Lots 6 thru 10 of block 3 of Map 57 and
Streets closed.
Fire
18. Plans submitted for construction shall comply with the 2010 edition of the California
Fire Code and the 2010 edition of the National Fire Protection Association Codes
and Standards.
19.AII fire alarm, fire sprinkler, occupancy, and exiting plans shall be consistent with
Fire Code requirements for an educational facility.
Building
20. Plans submitted for construction shall comply with the 2010 editions of the California
Building, Electrical, Mechanical, Plumbing, Energy, Fire, Residential and Green
Codes. Plans shall include seismic and wind load information for all awnings, fencing,
and decorative/screening material to be installed on the roof.
Planning
21. Unless otherwise specified by Conditions of Approval, all conditions contained in
Planning Commission Resolution 14-95 shall continue to be in force.
22. Hours of operation for the school shall be limited to 8:30 a.m. until 2:30 p.m.
Monday through Friday. Hours of operation for the church shall be limited to 6:30
p.m. until 8:00 p.m. on Wednesdays, and from 9:30 a.m. until 12:00p.m. and from
6:00 p.m. to 7:30 p.m. on Sundays.
23. No school services shall be offered during the same operating hours of church
services and other group activities. The uses shall remain mutually exclusive in an
effort to continue to provide adequate parking for each use.
24.The multi -purpose room shall not be used for church services unless additional
parking is provided commensurate with Land Use Code standards for public
assembly use.
25.AII parking spaces and driveway areas shall be permanently reserved for vehicle
access and parking. Any non -vehicular activities (e.g., physical education) shall be
conducted inside the building or within designated play areas.
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26. The wood fence along the west property line shall be brought into good repair. All
broken or warped boards shall be replaced and leaning posts shall be reset.
27.AII activities occurring on the site shall comply with Title 12 (Noise) of the National
City Municipal Code. In the event that an inordinate number of complaints are
received from neighboring residential uses due to outside activities (e.g.,
playground, physical education), the Planning Department may require that a
minimum six-foot high block wall or other noise -reducing medium be constructed to
alleviate noise issues.
28.AII temporary structures must be removed from the property prior to occupancy of
the expansion.
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 February 4, 2013, by the following vote:
AYES: Reynolds, Baca, Pruitt, Flores, Alvarado, DeLaPaz
NAYS: N/A
ABSENT: N/A
ABSTAIN: N/A
CHAIRMAN