HomeMy WebLinkAbout2013 CON (Notice of Restriction on Real Property) 3007 Highland Ave 563-370-35RECORDING REQUESTED BY:
Hope wner's Na
Property Owner's Signature
WHEN RECORDED MAIL TO:
Planning Department
City of National City
1243 National City Boulevard
National City, CA 91950
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SEP 20, 2013 10:38 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg, Jr., COUNTY RECORDER
FEES: 77.00
PAGES 13
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NOTICE OF RESTRICTION ON REAL PROPERTY:
Address: 3007 Highland Avenue
Assessor's Parcel # 563-370-35
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. 15-2013 issued by the
City of National City. The obligations and restrictions imposed by Planning Commission Resolution
No. 15-2013 approving the Planned Development Permit and Conditional Use Permit (2013-14 PD,
CUP) are binding on all present or future interest holders or estate holders of the property. A copy of the
Planning Commission Resolution No. 15-2013 is on file with the National City Planning Department.
Dated: August 8, 2013
APPROVED AS TO FORM:
Claudi.r' Sil
City Attorney, f National City
rad Raulston, Executive Director
National City Development Services Department
ACKNOWLEDGMENT
State of California
County of
On / 20/3 before me, . i)d y-e-r 6. KFT-2_ 8 i,� IC, (insert name and title of the officer
personally appeared n K r / (G7 bC- 3
who proved to me on the basis of satisfactory evidence to be the personj'whose namek5j'is/ate
subscribed to the within instrument and acknowledged to me that he/fey-executed the same in
his/her/tfieir authorized capacity. ies), and that by his/kresitheir signature(s) on the instrument the
persorus'), 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.
(Seal)
JMDGET G. KOTZ
CommisiiSQ I 11199144
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ALL PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
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On August 21, 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 �� ,5
Michael R. Dalla, MC, City Clerk
EXHIBIT A
3003-3009 I-Iighland Boulevard, City of National City, County of San Diego, State of California
and is described as follows:
Parcel A:
Parcel 1 as shown on a Parcel Map filed in Book of Parcel Maps on Page 1308 in the Office of
the County Recorder of San Diego County, on February 14, 1973 a portion being in the City of
National City, and a portion being in the City of Chula Vista, County of San Diego, State of
California.
Parcel B:
Together with a slope easement for slope pluposes aver the Southwesterly 30.00 feet of Parcel 2
as shown on a Parcel Map filed in Book of Parcel Maps on Page 1308 in the Office of the
County Recorder of San Diego County, on February 14, 1973.
Said slope easement to terminate at such time as Parcel 2 is filled and compacted in such a
manner that said slope easement is no longer necessary for the support of Parcel 1 (hereinabove
described) and the improvements thereon and said improvements are utilities by the occupants
thereof.
613B017,03/SD
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EXHIBIT A
•1-
RESOLUTION NO. 15-2013
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT AND PLANNED DEVELOPMENT PERMIT
FOR A NEW DRIVE-IN AND DRIVE -THROUGH RESTAURANT
WITHIN AN EXISTING SHOPPING CENTER, WITH AN EXCEPTION
FOR LESS THAN REQUIRED PARKING,
LOCATED AT 3007 HIGHLAND AVENUE.
CASE FILE NO. 2013-14 CUP, PD
APN: 563-370-35
WHEREAS, the Planning Commission of the City of National City considered a
Conditional Use Permit and Planned Development Permit for a new drive-in and drive -
through restaurant within an existing shopping center, with an exception for Tess than
required parking, located at 3007 highland avenue at a duly advertised public hearing
held on July 15, 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. 2013-14 CUP, PD 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 July 15, 2013, support the following findings:
FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT
1. That the site for the proposed use is adequate in size and shape, since the
proposed design meets all design requirements, and since the requested reduction
in parking is less than 8% of existing parking spaces.
2. That the site has sufficient access to Highland Avenue and East 30th Street, both
arterial streets operating at a Level of Service (LOS) of C and B respectively, and
State Route 45, a freeway, to accommodate the additional 900 average daily trips
(ADT).
3. That the proposed use will not have an adverse effect upon adjacent or abutting
properties, since the use is contained upon an existing shopping center property
and the use is consistent with a commercial office use which is permitted in the
Major Mixed -Use District zone.
4. That the proposed use is deemed essential and desirable to the public
convenience, since it will contribute to the continued viability of an existing
shopping center, an established and allowed use in the applicable mixed -use
zone.
RECOMMENDED FINDINGS FOR APPROVAL OF THE
PLANNED DEVELOPMENT PERMIT
1. The proposed development is consistent with the General Plan, since a
restaurant is a typical and permitted commercial use within the Mixed -Use zones,
subject to a Conditional Use Permit.
2. The proposed development will not be detrimental to the public health, safety,
and welfare; since the use is allowed with a Conditional Use Permit, and since all
design requirements for fast food restaurants have been addressed by the
approved design.
3. The proposed development will comply with the regulations of the Land Use
Code, since all such requirements are met with the exception of a reduction in
the amount of required parking spaces.
4. The proposed development, when considered as a whole, will be beneficial to
the community, since the addition of a new drive -up and drive -through restaurant
will contribute to the continued viability of an existing shopping center, an
established and allowed use in the applicable mixed -use zone.
5. The proposed reduction in parking spaces is appropriate for this location and will
result in a more desirable project than would be achieved if designed in strict
conformance with the development regulations of the applicable zone, since the
project will help to break up the existing expanse of parking lot and add
architectural interest to the shopping center.
6. The proposed project has been reviewed in compliance with the California
Environmental Quality Act, since the project is considered to be categorically
exempt pursuant to Class 3 Section 15303 of said Act.
BE IT FURTHER RESOLVED that the application for Conditional Use Permit is
approved subject to the following conditions:
General
1. This Conditional Use Permit and Planned Development Permit authorize the
construction a 1,395 square -foot drive-in and drive -through fast food restaurant with
patio dining with an exception for the removal of 44 parking spaces. Except as
required by conditions of approval, all plans submitted for permits associated with the
project shall conform to Exhibit A, case file no. 2013-14 CUP, PD, dated 5/15/2013.
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
the Land Use Code.
4. Before this Conditional Use Permit and Planned Development 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 these permits. Failure to
return the signed and notarized Acceptance Form within 30 days of its receipt
shall automatically terminate said permits. 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 Conditional Use Permit and
Planned Development 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.
Building
5. Plans submitted for improvements in 2013 must comply with the 2010 edition of the
California Building, Electrical, Plumbing, Mechanical, and Fire Codes. If submitted in
2014, plans submitted for improvements must comply with the 2013 edition of the
California Building, Electrical, Plumbing, Mechanical, and Fire Codes.
Engineering
6. 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.
7. The completed NPDES check list indicates this is a priority project 2 copies off
the Storm Water Management Plan and Hydromodification Determination and
review fee of $2,000.00 shall be submitted after Planning Commission approval.
8. All surface run-off shall be treated with an approved Standard Urban Runoff
Mitigation Plan (SUSMP) Best Management Practice (BMP) for all Priority SUSMP
projects. No runoff will be permitted to flow over the sidewalk or driveway openings.
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 and/or site
design BMP. 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 or on
the City of National City web site.
10.A sewer permit will 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 the Engineering Department requirements.
12.AII 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.
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.
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 owner/developer shall be required to remove and replace three existing
pedestrian ramps per San Diego Regional Standard Drawing (SDRSD) G-29 and
the adjoining spandrels per SDRSD G-12, as marked out in the field.
Fire
17. The project shall be designed, installed, tested and approved in compliance with the
2010 edition of NFPA and 2010 edition of the CFC.
18. Hood suppressions plans shall be submitted directly to the National City Fire
Department through permit.
19.Signs used for utilities shall follow National City Fire Department "Handout"
requirements.
20.A fire sprinkler system shall be required if the fire area exceeds an occupant load of
100 or more. This would be described as the area available, not area used.
Planning
21.A landscape and underground irrigation plan shall be submitted as part of the
building permit process. The plans shall meet minimum landscape requirements of
the Land Use Code, including a minimum three-foot hedge and trees spaces 20 feet
on center along the Highland Avenue street frontage.
22.A covered trash enclosure shall be provided. Construction plans shall show the
location and details of the enclosure to the satisfaction of the Planning, Fire, and
Engineering Departments.
Sweetwater Authority
23.A letter shall submit a letter to the National City Fire Department stating fire flow
requirements.
24. Proposed water demands for domestic and irrigation uses in gallons per day shall
be submitted to Sweetwater Authority.
25.Installation of new water services will require the installation of an approved
backflow prevention assembly.
26. Water facilities shall not be located within three feet of the edge of driveway aprons.
27.Ten feet of horizontal separation shall be maintained between sewer and water
laterals.
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 July 15, 2013, by the following vote:
AYES: Garcia, Baca, Pruitt, Flores, Bush, DeLaPaz
NAYS: None
ABSENT: Alvarado
ABSTAIN: None
CHAIRPERSON
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.
Please have this form signed and notarized, and return to the Planning Department, City of National
City, 1243 National City Boulevard, National City, California, 91950
ACCEPTANCE FORM
2013-14 PD, CUP
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss
1,q4 4"k » �os-7 , being first duly sworn, deposes and
says;
tam
We are the applicant(s) for / owner(s) of the property described in the above noted Conditional
Use Permit Case.
Iam
We are aware of, and accept, all of the conditions of approval in the said Conditonal Use Permit
case as set forth in Planning Commission Resolution No. 15-2013, a copy of which I (we) have
received, read and accepted.
DATE:
Subscribed and sworn to before me
this day of , 2013.
Notary Public in and for the County
of San Diego, State of California.
My Commission expires
(Signature)
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Address /.0
City, SLtare, Zip
Please have this form signed and notarized, and return to the Planning Department, City of National
City, 1243 National City Boulevard, National City, California, 91950
ACCEPTANCE FORM
2013-14 PD, CUP
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
says;
ss
Ct-EgiSTON-L K SU,2 AN1
(TI am
e-arc the applicant for / owner(
Use Permit Case.
, being first duly sworn, deposes and
of the property described in the above noted Conditional
‘-ram
--'We at c aware of, and accept, all of the conditions of approval in the said Conditonal Use Permit
case as set forth in Planning Commission Resolution No. 15-2013, a copy of which IJerhave
received, read and accepted.
DATE: 0 a sy IS
Subscribed and sworn to before me
this S day of Sep-P7", 2013.
Notary Public in and for the County
of San Diego, State of California.
My Commission expires 311 2—ot s"
ure)
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Address
54N MAR..n_5 ( C4- Z061
City, State, Zip
PHILIP A. HELMUTH
Commission # 1937642 L
Notary Public - California zz
San Diego County
Comm. Exeres Jun 16. 2015 C