HomeMy WebLinkAbout2014 CON (Notice of Restriction on Real Property) 2415 East 18th Street 558-190-28' Please complete this information.
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AND WHEN RECORDED MAIL TO:
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FEB 27, 2014 10:53 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg.Jr., COUNTY RECORDER
FEES: 53.00
PAGES: 11
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Space above this line reserved for Recorder's Use Only
Govt. Code 27361.6
Nofice of R-r,C+;60 CY\ Real Prbpe ty
(Please fill in document title(s) on this line)
Govt. Code 27324
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
Govt. Code 27361.6
(Additional recording fee applies)
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Property Owner's Sigriature
WHEN RECORDED MAIL TO:
Planning Division
City of National City
1243 National City Boulevard
National City, CA 91950
NOTICE OF RESTRICTION ON REAL PROPERTY:
Address: 2415 East 18`11 Street
Assessor's Parcel # 558-190-28
The real property located in the City of National City, County of San Diego, State or California
described as follows:
See attached Exhibit -A"
is restricted by conditions of approval of Planning Commission Resolution No. 1-2014 issued by the
City of National City. The obligations and restrictions imposed by Planning Commission Resolution
No. 1-2014 approving the Conditional Use Permit (2013-25 CUP) are binding on all present or future
interest holders or estate holders of the property. A copy of Planning Commission Resolution No. 1-
2014 is on file with the National City Planning Department.
Dated: February 5, 2014
Brad Raulston, Executive Director
City of National City
API,ROVED AS TO FORM:
Cla di S
City ttorne - of National City
CERTIFICATION PURSUANT TO GOVERNMENT CODE SECTION 27361.7
city of' El CaJovv
Place of Execution
I certify under penalty of perjury that this material is a true copy of the
original material contained in this document.
2/ 27/ 1 F &cc I l t
Date Signature of Declarant
Lisa, Her,uvi'o
Type or Print Name
Froper j Dinner o
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Recorder Form #R9
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of S7cth D I Q3o
On k'_b •
personally appeared
before me, Luz Ma. Liberato, Notary Public
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OFFICIAL SEAL
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NOTARY PUBLIC-CALIFORNIA�
COMM. NO. 2008536
SAN DIEGO COUNTY
MY COMM. EXP. MAR, 23, 2017
Pl&te fR7aey Deaf Abi,Ve
Signature
OPTIONAL
Namepp, ai S,uavrrsf
who proved to me on the basis of satisfactory evidence to
he 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! heir authorized
capacity(ies), and that by his/her/thcir signature(s) on the
instrument the persons, 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 beat the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
�vZ VV` Woe.<ottZ)
Sir nature. of leOlarr PutTic
Though the information below,;; not required by law it may prove valuable to persons retying on the document
and eolith' prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: _' '(2
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Sioner(s) Other Tlran Named Above:
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Attorney in Fact
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Signer's Name:
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ALL PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On February 5, 2014, before me, Michael R. Della, 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
4
Michael R. Della, MC, City Cle
File No: 08020153
EXHIBIT "A"
All that certain real property situated in the County of San Diego, State
of California, described as follows:
Lot "G" in Block 8 of Lincoln Acres Orchard Subdivision, in the City of
National City, County of San Diego, State of California, according to Map
No. 1785, filed in the office of the County Recorder of San Diego County,
California, on March 6, 1924.
Excepting therefrom the East 40 feet 6 inches thereof.
Excepting therefrom all that portion of Euclid Avenue Street right-of-way
described in deed to the City of National City from Hazel M. Krtek,
according to Document 88-442502 of Official Records thereof, filed in
the office oft he County Recorder of San Diego County, California, on
September 2, 1988.
That portion of Lot "F" of Block 8 of Lincoln Acres Orchard Subdivision,
in the City of National City, County of San Diego, State of California,
according to Map thereof No. 1785, recorded on March 5, 1924 in the
office of the Recorder of San Diego County, State of California, more
particularly described as follows:
Beginning at the Northwesterly corner of said Lot "F";
Thence North 72° 05' 50" East 32.06 feet to an intersection with the
proposed Easterly right of way line of Euclid Avenue, the true point of
beginning;
Thence continuing North 72° 05' 50" East 115.44 feet to the Northeast
corner of said Lot "F";
Thence South 17° 54' 10" East 61.18 feet to the Southeast corner of said
Lot "F";
Thence South 72° 05' 50" West 116.20 feet to an intersection with the
Easement right of way line of Euclid'Avenue, distant thereof 31.30 feet
from the Southwest corner of said Lot "F";
Thence Westerly and Northerly along said Euclid Avenue right of way, a
curve concave to the Northeast with a radius of 1,358 feet;
Thence Westerly and Northerly along said curve a distance of 61.82 feet
through an angle of 02° 36' 30" true point of beginning.
Said description is made pursuant to Notice of Merger recorded
November 14, 2003 as Instrument No. 2003-1374606 of Official
Records.
Assessor's Parcel Number: 558-190-28
CLTA Preliminary Report Form - Modified (11-17-06)
Page 3
RESOLUTION NO. 1-2014
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF NATIONAL CITY, CALIFORNIA,
APPROVING A CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS
FACILITY AT 2415 EAST 18TH STREET.
APPLICANT: VERIZON WIRELESS
CASE FILE NO. 2013-25 CUP
WHEREAS, the Planning Commission of the City of National City considered a
Conditional Use Permit for a Wireless Communications Facility at 2415 East 18th Street,
at a duly advertised public hearings held on January 13, 2014, 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. 2013-25 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 January 13, 2014, support the following
findings:
1. That the site for the proposed use is adequate in size and shape, since the facility,
including the faux broadleaf tree and equipment shelters, can be accommodated
on the 0.23 acre site without reducing parking beyond the minimum requirement.
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 unmanned wireless communications facility requires only
one to two visits each month for routine maintenance, which will have a negligible
effect on the adjacent developed streets.
3. That the proposed use will not have an adverse effect upon adjacent or abutting
properties, since the 40-foot faux broadleaf tree will adequately screen the twelve
panel antennas, and since additional fencing will provide adequate screening of
the equipment shelter from adjacent properties.
4. That the proposed use is deemed essential and desirable to the public
convenience and welfare, since it will improve the performance of the Verizon
Wireless communications network, resulting in enhanced service for its customers.
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 wireless communications facility at 2415
East 18th Street. Except as required by conditions of approval, all plans submitted for
permits associated with the project shall conform with Exhibits A and 8 dated
10/10/2013 Case File No. 2013-25 CUP. Any additional antennas or facilities must be
in substantial conformance with the design for installation shown on these plans.
2. 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 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.
3. Within four (4) days of approval, pursuant to Fish and Game Code 711 A 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,
4. 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 18.12.040 of the Municipal Code.
Building
5. Plans submitted for improvements must comply with the 2013 edition of the California
Building, Electrical, Plumbing, and Mechanical Codes.
Fire
6. Plans submitted for improvements must comply with the current editions of the
California Fire Code (CFC) and National Fire Protection Association (NFPA).
7. Emergency Shutdown procedures shall be posted in conspicuous area of
emergency generator "EMERGENCY POWER". All Emergency Power signs shall be
of .080 gauge aluminum. All signs shall be 10 inches wide and 12 inches long. All
signs shall have Type IV high intensity prismatic sheeting (H.I.P.), reflective in
nature. Protective overlay film shall be required on sign (P.O.F.), Color of sign shall
be white background with black letters. Sign shall describe all additional power
shutdowns in clear map form. Map shall describe present position ("You Are Here").
• White background with black letters.
• Signage letter height — Emergency Power — shall be two inches tall.
• Sign shall be clearly visible from the street. If the power source is inside of
the building and cannot be seen from the street, a sign shall be placed in
a position that can be easily seen by emergency personnel on foot.
• Please contact the National City Fire Department for requirements. A
detailed plan shall be submitted to the Fire Marshal for approval and final
field placement.
8. A 704 diamond shall be placed in conspicuous area to identify fuel and battery
hazards.
9. Fire department access roads shall meet the requirements of the California Fire
Code (current edition) Chapter 5 and Appendix D and 503.1.1 Access Roads.
Facilities, buildings or portions of buildings hereafter constructed shall be accessible
to Fire Department apparatus by way of an approved fire apparatus access road
with an asphalt, concrete or other approved driving surface capable of supporting
the imposed load of a fire apparatus weighing at least 75, 0000 pounds. Fire
Department access roads shall have an unobstructed width of not less than 20 feet
for emergency vehicle travel. Where required by the fire code official, approved
signs or other approved notices or markings that include the words NO PARKING -
FIRE LANE shall be provided for fire apparatus access roads to identify such roads
or prohibit the obstruction thereof. Fire apparatus access roads shall not be
obstructed in any manner, including the parking of vehicles.
10. Roads or alleys 20 to 26 feet in wide shall be posted on both sides as fire lanes.
11. The National City Fire Department shall be involved with all fire inspections for this
site. Rough inspections of all phases of work are required.
Engineering
12. 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 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.
13, 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.
14.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.
Utilities
15. Prior to any construction or grading activities, the applicant shall coordinate with all
utilities with infrastructure in the area to ensure protection of any existing utility
services.
16. Call 800-227-2600 (Underground Service Alert) for mark out prior to any digging
activities.
Planning
17. All appropriate and required local, state and/or federal permits must be obtained prior
to operation of the wireless communications facility.
18.A11 exterior equipment (e.g., RRU units, GPS antennas, microwave dish antenna,
panel antennas) shall be painted to match the surface on which it is mounted.
19. The proposed equipment shelter shall be designed to be consistent with the proposed
generator enclosure and existing building on site.
20.A minimum six-foot tall fence or wall shall be constructed along the east property
line to obscure the proposed facility. A block wail may be required in the future
should noise from operating equipment exceed limits prescribed by the Municipal
Code or create noise impacts for adjacent residential properties.
21. Exterior walls of buildings/poles to a height of not less than six (6) feet shall be treated
with a graffiti resistant coating subject to approval from the Building Official. Graffiti
shall be removed within 24 hours of its observance.
22. The permittee shall not object to co -locating additional facilities of other
communication companies and sharing the project site, provided such shared use
does not result in substantial technical or quality -of -service impairment for the
permitted use. In the event a dispute arises with regard to co -locating with other
existing or potential users, the City may require a third party technical study at the
expense of either or both the applicant and the complaining user. This condition in no
way obligates the City to approve any co -location proposal if it is determined by the
City not to be desirable in a specific case.
23. The applicant or operator shall be responsible for the removal and disposal of any
antennas, equipment or facilities that are abandoned, decommissioned, or become
obsolete within six (6) months of discontinuance,
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
January 13, 2014, by the following vote:
AYES: Baca, Pruitt, Flores, Alvarado, Bush, Garcia
NAYS: None
ABSENTDeLa Paz
ABSTAIN: None
CHAIRPERSON