The URL can be used to link to this page

Home My WebLink About2014 CON (Notice of Restriction on Real Property) 1300 Wilson Avenue 559-061-14 / 559-061-15RECORDING REQUESTED BY: Property Owner's Name Property Owner's Signature WHEN RECORDED MAIL TO: Planning Department City of National City ��1243 National City Boulevard National City, CA 91950 D O C if 2014-010 541 IIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII II II IIII IIIII IIII MAR 18, 2014 10:26 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 45.00 PAGES. 11 I11101111I IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII NOTICE OF RESTRICTION ON REAL PROPERTY: Address: 1300 Wilson Avenue Assessor's Parcel # 559-061-14 & 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 City Council Resolution No. 2013-175 issued by the City of National City. The obligations and restrictions imposed by City Council Resolution No. 2013-175 approving the Conditional Use Permit (2013-20 CUP) are binding on all present or future interest holders or estate holders of the property. A copy of the City Council Resolution No. 2013-175 is on file with the National City Planning Department. Dated: January 14, 2014 Brad Raulston, Executive Director, City of National City PPROVED AS TO FORM: a G. City Attorn v, Ojty of National City III RECORDING REQUESTED BY: CGtv(05V ZVG roperty Owner' ignature WHEN RE I RDED MAIL TO: Planning Department City of National City 1243 National City Boulevard National City, CA 91950 NOTICE OF RESTRICTION ON REAL PROPERTY: Address: 1300 Wilson Avenue Assessor's Parcel # 559-061-14 & 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 City Council Resolution No. 2013-175 issued by the City of National City. The obligations and restrictions imposed by City Council Resolution No. 2013-175 approving the Conditional Use Permit (2013-20 CUP) are binding on all present or future interest holders or estate holders of the property. A copy of the City Council Resolution No. 2013-175 is on file with the National City Planning Department. Dated: January 14, 2014 Brad Raulston, Executive Director, City of National City PPROVED AS TO FORM: City Attorn=R�a'ty of National City First American Title EXHIBIT "A" � � • PARCEL 1: , 1 889 • ALL THOSE PORTIONS OF BLOCKS 177 AND 178 OF NATIONAL CITY. COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP 1 THEREOF NO. 348, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 2, 1802, LYING NORTHEASTERLY OF A LINE PARALLEL WITH AND DISTANT NORTHEASTERLY, 70 FEET, MEASURED AT RIGHT ANGLES FROM THE SOUTHWESTERLY LINE OF SAID BLOCKS 177 AND 178, AND ALL THAT PORTION OF BLOCK 179 OF NATIONAL CITY, ACCORDING TO MAP THEREOF, LYING NORTHEASTERLY OF )i LINE PARALLEL WITH AND DISTANT NORTHEASTERLY, 100 FEET, MEASURED AT RIGHT ANGLES FROM THE SOUTHWESTERLY LINE OF SAID BLOCK 179. EXCEPTING THEREFROM ALL MINERALS AND MINERAL ORES INCLUDING ALL PETROLEUM, OIL, NATURAL GAS AND OTHER HYDROCARBON SUBSTANCES AND PRODUCTS DERIVED THEREFROM AS RESERVED AND EXCEPTED BY SAN DIEGO AND ARIZONA EASTERN RAILWAY COMPANY, A CORPORATION, IN • DEEDS RECORDED JUNE 25, 1953, INSTRUMENT NOS. 86184 AND 86185. PARCEL 2: ALL THAT PORTION OF 15TH STREET (NOW VACATED AND CLOSED TO PUBLIC USE), LYING BETWEEN BLOCKS 177 AND 178 OF NATIONAL CITY, ACCORDING TO MAP THEREOF NO. 348, FILED IN, THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 2, 1982, LYING NORTHEASTERLY OF A LINE PARALLEL WITH AND DISTANT NORTHEASTERLY, 70 FEET, MEASURED AT RIGHT ANGLES FROM THE SOUTHEASTERLY PROLONGATION OF THE SOUTHWESTERLY LINE OF SAID BLOCK 178. EXCEPTING THEREFROM ALL MINERALS AND MINERAL ORES INCLUDING ALL PETROLEUM, OIL, NATURAL GAS AND OTHER HYDROCARBON SUBSTANCES AND PRODUCTS DERIVED THEREFROM, AS RESERVED AND EXCEPTED BY SAN • DIEGO AND ARIZONA EASTERN RAILWAY COMPANY, A CORPORATION, IN DEEDS RECORDED JUNE 25, 1953, INSTRUMENT NOS. 86184 AND 86185. PARCEL 3: ALL THAT PORTION OF 14TH STREET (NOW VACATED AND CLOSED BY PUBLIC USE), LYING BETWEEN BLOCKS 178 AND 179 OF NATIONAL CITY. ACCORDING TO MAP THEREOF NO. 348, FILED IN THE OFFICE OF•COUNTY RECORDER OF SAN DIEGO COUNTY, LYING NORTHEASTERLY OF A LINE PARALLEL WITH AND DISTANT NORTHEASTERLY, 70 FEET, MEASURED AT RIGHT ANGLES FROM THE SOUTHEASTERLY PROLONGATION OF THE SOUTHWESTERLY LINE OF BLOCK 179. EXCEPTING THEREFROM ALL MINERAL ORES INCT.UDTN(; ALLPETROLEUM.' OIL, NATURAL GAS AND OTHER HYDROCARBON SUBSTANCES AND PRODUCTS DERIVED THEREFROM, AS RESERVED AND EXCEPTED BY SAN DIEGO & ARIZONA EASTERN RAILWAY COMPANY, A CORPORATION, IN DEEDS RECORDED JUNE 25, 1953, INSTRUMENT NOS. 86184 AND 86185. PARCEL 4: THE NORTHWESTERLY ONE-HALF OF THAT PORTION 0? 16TH STREET (NOW VACATED AND CLOSED TO PUBLIC USE: ADJACENT TO AND LYING SOUTHEASTERLY OF BLOCS 177, IN THE CITY OF NATIONAL CITY, ACCORDING TO MAP THEREOF NO. 348, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA, OCTOBER 2, 1882, LYING NORTHEASTERLY OF A LINE PARALLEL WITH AND DISTANT NORTHEASTERLY 70 FEET, MEASURED AT RIGHT ANGLES FROM THE EXTENSION OF THE SOUTHWESTERLY LINE OF SAID BLOCK 177. EXCEPTING THEREPROM ALL MINERAL3 AND MINERAL ONES INCLUDING ALL PETROLEUM, OIL, NATURAL GAS AND OTHER HYDROCARBON SUBSTANCES AND PRODUCTS DERIVED THEREFROM, AS RESERVED AND EXCEPTED BY SAN DIEGO AND ARIZONA EASTERN RAILWAY COMPANY, A CORPORATION, IN DEEDS RECORDED JUNE 25, 1953, INSTRUMENT NOS. 86184 AND 86185. First American Title ALL PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF SAN DIEGO } } On January 14, 2014, 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 i Michael R. Dalla, CMC, City Clerk RESOLUTION NO. 2013 — 175 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR A SELF -STORAGE FACILITY WITH ACCESSORY TRUCK RENTAL LOCATED AT 1300 WILSON AVENUE APPLICANT: U-HAUUAMERCO CASE FILE NO. 2013-20 CUP APN: 559-061-15 & 14 WHEREAS, the City Council of the City of National City considered a Conditional Use Permit for a self -storage facility with accessory truck rental located at 1300 Wilson Avenue at a duly advertised public hearing held on November 19, 2013; and WHEREAS, at said public hearing the City Council considered the staff report provided for Case File No. 2013-20 CUP, which is maintained by the City and incorporated herein by reference; along with any other evidence presented at said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by state and City law; and WHEREAS, the action hereby taken is found to be essential for the preservation of the public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the evidence presented to the City Council at the public hearing held on November 19, 2013, support the following findings: RECOMMENDED 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 use would be contained within the existing building envelope, and all activities would be contained on the subject site. 2. That the site has sufficient access to Wilson Avenue and Civic Center Drive, both Collector streets with direct access to Interstate 5, operating at a Level of Service (LOS) of A and C respectively, to accommodate the approximate maximum of 5 average daily trips (ADT). 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the use will be completely contained within the existing building and property, and since only gasoline vehicles will be used in conjunction with the business. 4. That the proposed use is deemed essential and desirable to the public convenience, since it will contribute to the conversion of an existing industrial use to a non -industrial use and will contribute to the viability of the existing commercially -zoned property. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: Resolution No. 2013 —175 November 19, 2013 Page Two General 1. The Conditional Use Permit shall not be considered valid, nor construction plans accepted for a self -storage facility, until the associated Specific Plan Amendment has been approved. 2. This Conditional Use Permit authorizes a self -storage facility with accessory truck rental and hitch installation. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibits B and C, Case File No. 2013- 20 SPA, CUP dated August 21, 2013. 3. 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. 4. This Conditional Use 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. 5. 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 6. Plans submitted for improvements in 2013 must comply with the 2010 edition of the California Building, Electrical, Plumbing, Mechanical, Fire and Accessibility Codes. If submitted in 2014, plans submitted for improvements must comply with the 2013 edition of the California Building, Electrical, Plumbing, Mechanical, Fire, and Accessibility Codes. Engineering 7. 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 Resolution No. 2013 — 175 November 19, 2013 Page Three 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. 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. 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. Adjacent properties shall be protected from surface run-off resulting from this development. 10. The property owner, or its successors and assigns shall be responsible for the maintenance, repair, or reconstruction of all irrigation and landscaping improvements installed within the public right-of-way. Sprinkler heads shall be adjusted so as to prevent overspray upon the public sidewalk or the street. The proposed sprinkler heads shall be installed behind the sidewalk, and the irrigation mainline upon private property only, as required by the City. The property owner or, its successors or assigns, shall be remove and relocate all irrigation items from the public right-of-way at no cost to the City, and within a reasonable time frame upon a written notification by the City Engineer. 11. Metallic identification tape shall be placed between the bottom layer of the finished surface and the top of all irrigation lines in the public right-of-way. 12. 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. 13. 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. Fire 14. The project shall be designed, installed, tested and approved in compliance with the 2010 edition of NFPA, current edition of the CFC, and Title 19 of the California Code of Regulations. Resolution No. 2013 — 175 November 19, 2013 Page Four Planning 15. 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. 16. Remove and dispose of the existing on site underground storage tank (UST) and its contents. Confirmatory soil and groundwater sampling should also be conducted in this area to determine if a release has occurred. 17. A limited subsurface investigation shall be conducted in order to determine the presence or absence of soil and/or groundwater contamination, specifically in the areas of the observed clarifiers, floor drains, and unidentified subsurface features within the warehouse building (Building 1). 18. Clean out the Existing catch basins, drains, inlets, and cleanouts shall be cleaned and associated waste properly disposed of. 19. Based on the information provided in the survey completed by Ninyo & Moore in 1999, the observed damaged areas of confirmed asbestos -containing materials and lead - based paints shall be abated and an Operation and Maintenance Plan be implemented to manage the remaining areas of intact confirmed asbestos -containing materials and lead -based paints in place. 20. All rental trucks shall be stored on the site and not on adjacent public streets. 21. No more than 50 rental trucks shall be stored on site at any one time. 22. The rental truck fleet shall be exclusively gasoline -powered (or hybrid/altemative fuel - powered). No diesel -powered vehicles are permitted as part of the rental fleet. 23. Exterior walls of buildings/ freestanding signs/ trash enclosures to a height of not less than 6 feet shall be treated with a graffiti resistant coating subject to approval from the Planning Department. Graffiti shall be removed within 72 hours of its observance as required by Chapter 10.54 — Graffiti Control — of the National City Municipal Code. BE IT FURTHER RESOLVED that this Resolution shall become effective, final, and conclusive on the day following the City Council meeting where this Resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedures Section 1094.6. [SIGNATURE PAGE TO FOLLOW] Resolution No. 2013 —175 November 19, 2013 Page Five PASSED and ADOPTED this 19th day of November, 2013. ATTEST 4.-ezeJA° LamMiR. Dalla, City lerk P: "ROVED AS T• FORM: 11‘ - y At citua Silva on Morrison, Mayor Passed and adopted by the Council of the City of National City, California, on November 19, 2013 by the following vote, to -wit: Ayes: Councilmembers Cano, Morrison, Rios. Nays: Councilmembers Natividad, Sotelo-Solis. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2013-175 of the City of National City, California, passed and adopted by the Council of said City on November 19, 2013. elavIiif di!, City Cl rk of the City of ational City, California By: Deputy CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ailNA— State of Gaf femra County of V A t't i On 2- (2 t(/(( before me Dntn personally appeared ar l� j Here Insert Marie and Title of the Officer Name(s) of Signer(s) 1 *cl ry CORTNEY ERIN ORTIZ Notary Public - Arizona Marfcopa County My Comm. Expires Feb 19, 2017 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to he th' perso' (s) whose narne(g) 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 mv and a official seja4-: Signature OPTIONAL S ry - ublic 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: l's-)e-Irt C2 Q t � CANS O1 Document Date:_,('A,I(\ ' IX "1 Number of Pages: Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name: Caul,. J I ZcGi v -c- ❑ Individual '1'Corporate Officer — Title(s): i Partner —Hi Limited t l General Attorney in Fact I_I Trustee Guardi. • or C. servator Oth Sign: r Is R reseal Top of ffsarlv here Signer's Name: Ff Individual C Corporate Officer — Title(s): C Partner -- C] Limited General ] Attorney in Fact I 1 Trustee Guardian or Conservator C Other: Signer Is Representing: RIGHT THUNSPRINT OF SIGNER Top of tin amh her • Call-Z.8L668? �2007 National Notary Association • 9350 De Soto Ave. BO_Box 2402 •Chatsworth, CA 91313-2g02 • m NatiunalNctaryorg Item k5907 Reorder. call Toll Free 1 800-076 6827