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HomeMy WebLinkAbout2013 CON (Notice of Restriction on Real Property) 404 Mile of Cars Way 562-340-15RECORDING REQUESTED BY: • Fehton NCP LLC Property Owner's Name d2 y Owner'Sig ure WHEN RECORDED MAIL TO: Planning Department City of National City 1243 National City Boulevard National City, CA 91950 D O C It 2014-0063303 IIIIIII III Hill IIIII I I I Hill IIIII IIIII I II IIIII IIII IIIII III FEB 14, 2014 1:59 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 40.00 PAGES: 9 IIIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII NOTICE OF RESTRICTION ON REAL PROPERTY: Address: 404 Mile of Cars Way Assessor's Parcel # 562-340-15 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. 26-2013 issued by the City of National City. The obligations and restrictions imposed by Planning Commission Resolution No. 26-2013 approving the Conditional Use Permit (2013-22 CUP) are binding on all present or future interest holders or estate holders of the property. A copy of the Planning Commission Resolution No. 26-2013 is on file with the National City Planning Department. Dated: December 16, 2013 Executive Director, City of National City PROVED AS TO FORM: Claudia G. Sil City Attorney,' ty of National City CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of (San Di (10 On V?kir't1tcLrt1 I O/ I before me, Date //,�/ personally appeared /�11 C�!- IQ e l' CIVIL CODE § 1189 L-e)rrc�i rye ,l�• D%ver .�/U{ttry � V / Here Insert Name and Title of the Officer /0/41 Q fed iCt.ri Bre vc st- Name(s) of Signer(s) LORRAINE M. OUVER Commission • 20557E2 Notary Ptak - Catania San D s o County Comm. Jan 24. 2014 Place 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 jle/etSe/they executed the same in .1risLI r/their authorized capacity(ies), and that by J is/}aer/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 Signet re 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: o rc aeod pN0/22 - Document Date: D-et-€YY1 110) 2Lf3 Number of ages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact • Trustee Guardian or Conservator ❑ Other: Signer Is Representing: ❑ Corporate Officer — Title(s): Individual ❑ Partner — :I Limited ❑ General Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: © 2012 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 ALL PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA } COUNTY OF SAN DIEGO } On December 16, 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 MichelR. Dalla,'CMC, City Cler 5850 EXHIBIT "A" LEGAL DESCRIPTION The land referred to herein is situated in the State of California County of San Diego, City of National City, and described as follows: PARCEL A; LOTS 15, 16, 17, 18 AND 19 OF E. J. CHRISTMAN BUSINESS AND INDUSTRIAL PARK I, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 8038, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 7, 1974. TOGETHER WITH THOSE PORTIONS OF BLOCKS 104, 153 AND 168, TOGETHER WITH THE STREETS AND ALLEYS AS VACATED AND CLOSED ADJOINING SAID BLOCKS, OF NATIONAL CITY, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 348 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF LOT 21 OF E. J. CHRISTMAN BUSINESS AND INDUSTRIAL PARK 1, ACCORDING TO MAP THEREOF NO. 8038 FILED IN THE OFFICE OF SAID COUNTY RECORDER; THENCE ALONG THE NORTHERLY PROLONGATION OF THE WESTERLY LINE THEREOF NORTH 17° 43' 34" WEST 48.13 FEET; THENCE NORTH 72° 07' 27" EAST 206.99 FEET TO A TANGENT 508.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE 140.41 FEET THROUGH AN ANGLE OF 15° 50' 13"; THENCE TANGENT TO SAID CURVE NORTH 56° l7' 14" EAST 43.42 FEET TO A TANGENT 632.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE 176.66 FEET THROUGH AN ANGLE OF 16° 00' 57" TO AN ANGLE POINT IN THE BOUNDARY LINE OF LOT 15 OF SAID MAP NO. 8038; THENCE ALONG THE BOUNDARY LINE OF SAID LOTS 15 AND 21 OF SAID MAP NO. 8038; AS FOLLOWS: SOUTH 17° 41' 49" EAST 10.00 FEET TO A POINT IN THE ARC OF A 350.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY, A RADIAL LINE OF SAID CURVE BEARS NORTH I7° 41' 49" WEST TO SAID POINT; THENCE WESTERLY ALONG THE ARC OF SAID CURVE 111.58 FEET; THENCE TANGENT TO SAID CURVE SOUTH 54° 02' 14" WEST 110.71 FEET TO A TANGENT 450.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE 143.46 FEET; THENCE TANGENT TO SAID CURVE SOUTH 72° 18' 11" WEST 75.23 FEET; THENCE SOUTH 63° 35' 49" WEST 132.07 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM, THAT PORTION LYING SOUTHWESTERLY OF THE NORTHWESTERLY PROLONGATION OF THE SOUTHWESTERLY LINE OF SAID LOT 15. AND EXCEPT THEREFROM SAID LOT 18, THAT PORTION THEREOF LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE SOUTHWESTERLY CORNER OF LOT 17 OF SAID E. J. CHRISTMAN BUSINESS AND INDUSTRIAL PARK, THENCE SOUTH 17° 44' 25" EAST 189.00 FEET TO A rk,crrintionr San Diaao.CA Document-YeaX.DocID 2012.372615 Page: 5 of 6 5851 POINT IN THE NORTHERLY LINE OF 28TH STREET ACCORDING TO SAID MAP NO. 8038 AND THE TRUE POINT OF BEGINNING; THENCE RETRACING NORTH 17° 44' 25" WEST 189.00 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 17; THENCE CONTINUING ALONG THE WESTERLY LINE THEREOF, NORTH 17° 44' 25" WEST 52.48 FEET TO THE BEGINNING OF A TANGENT 470,00 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 15° 37' 57" A DISTANCE OF 128.23 FEET TO THE BEGINNING OF A TANGENT REVERSE 530.00 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE NORTHERLY ALONG SAID LINE THROUGH A CENTRAL ANGLE OF 03° 47' 27", A DISTANCE OF 35.07 FEET TO A POINT IN THE SOUTHERLY LINE OF 26TH STREET ACCORDING TO SAID MAP NO. 8038. PARCEL B: PARCELS 1 AND 2 OF PARCEL MAP NO. 5940, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 17, 1977 AS FILE NO. 77-188973 OF OFFICIAL RECORDS. PARCEL C: PARCEL 1 OF PARCEL MAP NO. 7299, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 22, 1978 AS FILE NO.78-208247 OF OFFICIAL RECORDS. PARCEL D: PARCELS 1, 2 AND 3 OF PARCEL MAP NO. 7941, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 13, 1978 AS FILE NO. 78-437982 OF OFFICIAL RECORDS. APN: 562-340-15-00 562-340-26-00 562-340-27-00 562-340-28-00 562-340-29-00 562-340-30-00 562-340-31-00 562-340-32-00 562-340-33-00 562-340-34-00 562-340-35-00 562-340-36-00 562-340-46-00 562-340-03-00 562-340-44-00 562.340-45-00 Description: San Di,ga,CA Document-Year.DocZD 2012.372615 Page: 6 of 6 RESOLUTION NO. 26-2013 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A DRIVE -THROUGH COFFEE SHOP LOCATED AT 404 MILE OF CARS WAY. CASE FILE NO. 2013-22 CUP APN: 562-340-15 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for a drive -through coffee shop located at 404 Mile of Cars Way at a duly advertised public hearing held on November 18, 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. 2013-22 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 November 18, 2013, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the proposed design meets all design requirements. 2. That the site has sufficient access to Mile of Cars Way, an arterial street operating at a Level of Service (LOS) of B, to accommodate the additional 1,300 average daily trips (ADT). 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the use is located adjacent to an arterial street, and since design guidelines ensure an appropriately -designed project and since the use is permitted in the Major Mixed -Use Corridor 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 commercially -zoned property, an established and allowed use in the applicable mixed -use zone. 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 drive -through aisle for a new 24-hour retail coffee business. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibit A, Case File No. 2013-22 CUP dated 102/2013. 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 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 the permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate said permit. 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 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 Califomia 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 grading plan shall be submitted. The plan shall be prepared by a registered civil engineer licensed within the State of California. An application form for grading (available on the city's web site) shall be submitted along with the plans. 7. A soils report shall be submitted. 8. A plan and profile of the proposed retaining wall shall be included in the grading plan. The wall shall conform to the San Diego Regional Standard Drawings or, if designed by an engineer, the calculations shall also be submitted. 9. The owner shall replace the pedestrian ramp, the deteriorated portion of the cross gutter, and sidewalk, curb and gutter as marked out in the field. 10.A Standard Urban Storm Water Mitigation Plan (SUSMP) checklist shall be completed and returned. 11.The existing sewer lateral shall be videotaped to ensu,continued serviceability. The sewer lateral shall be encased where it runs under the proposed drive lane and retaining wall. 12.An engineer's cost estimate for all proposed work shown in the grading plan and all public improvements shall be submitted. A bond shall be submitted equal to one hundred percent (100%) of the engineer's cost estimate. 13.A plan check fee equal to three percent (3%) of the engineers cost estimate shall be submitted. 14. The owner/contractor shall be required to submit bonds to and obtain all necessary permits from the Engineering Department. Planning 15.A landscape and underground irrigation plan shall be submitted as part of the building permit process. Installation and continued maintenance of minimum landscaping items required by the Land Use Code, including a minimum three-foot hedge and trees spaces 20 feet on center along the Mile of Cars Way and Southport Way frontages, shall be provided. 16. Plans shall conform to minimum turning radius requirements for drive -through businesses unless the City Engineer approves a lesser radius. 17.Vehicular queuing operation shall be subject to future review and potential modification if problems related to parking, property ingress/egress, or street operations are noted as a result of business operations. 18. Business operations shall comply with Municipal Code Title 12 (Noise) at all times. Plans submitted for construction shall reflect the use of sound -attenuating speakers that automatically reduce the volume of ordering speakers during periods of low ambient noise. 19. Plans submitted for construction permits shall show that a cover for the new trash enclosure shall be provided. Construction plans shall show the details of the enclosure to the satisfaction of the Fire and Engineering Departments. 20. Plans submitted for construction shall conform to Land Use Code Section 18.46 (Outdoor Lighting). 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 November 18, 2013, by the following vote: AYES: Garcia, NAYS: N/A ABSENT: N/A ABSTAIN: N/A Baca, Pruitt, Flores, alvarado, Bush, Dela Paz CHAIRPERSON