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Home My WebLink About2014 CON (Notice of Restriction on Real Property) 1445 Tidelands Ave 559-040-53D O C # 2014-0227359 Please complete this information. RECORDING REQUESTED BY: AND. WHEN RECORDED MAIL TO: ?low Ias Di t/ISI6 Vi _ C.+L o oh ovt.Gt ( Cr 1z1F3 matohaA Nc iona(Cc ,C/r 915(0 111111111111111111111111111111111111111111111111111111111111 JUN 03, 2014 12:01 PM 111111111 OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 49.00 PAGES: 11 1111111 IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIIII IIIII IIIII IIII IIII Space above this line reserved for Recorder's Use Only Govt. Code 27361.6 ice o-C. R'c i oils 00 Real Pro erk (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) RECORDING REQUESTED BY: Mint .-eetA 1P c, ivoo (fe,ivy' � Pvoeef4-- l?5( [-Le- P o. -ripy Owner's ame Property Owner's Signature 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: 1445 Tidelands Avenue Assessor's Parcel # 559-040-53 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. 2014-06 issued by the City of National City. The obligations and restrictions imposed by City Council Resolution No. 2014-06 approving the Conditional Use Permit and Coastal Development Permit (2013-24 CUP, CDP) are binding on all present or future interest holders or estate holders of the property. A copy of the City Council Resolution No. 2014-06 is on file with the National City Planning Department. Dated: January 28, 2014 Brad Raulston, Executive Director City of National City APP t OVED AS TO FORM: Claudia G. Sil City Attorney,( f National City ALL PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF SAN DIEGO } } On January 28, 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 "' Michael R. Dalla, MC, City Clerk File No: 08020004 EXHIBIT "A" All that certain real property situated in the County of San Diego, State of California, described as follows: A parcel of land located in the City of National City, County of San Diego, State of California, being that portion of the California Southern Railroad (Predecessor in Interest to the Atchison, Topeka, and Santa Fe Railway Company) Terminal Grounds, as said Terminal Grounds are shown on Map of National City, California, filed October 2, 1882, as per Map No. 348, in the Office of the Recorder of said County, described as follows: Commencing at the intersection of the Westerly line of Harrison Avenue (40.00 feet wide) with the Northerly line of Nineteenth Avenue, as shown on said Map No. 348; Thence along said Northerly line, South 71° 00' West 175.47 feet to a point in a line parallel with and distant 25 feet Southwesterly at right angles from the center line of said Railway Company's Main Tract said point being the most Easterly corner of that certain 8.367 acre parcel of land described in deed dated March 11, 1953 from the Atchison, Topeka and Santa Fe Railway Company to Alfred M. Lewis, ' Inc., recorded November 12, 1953 in Book 5045, Page 187 of Official Records; Thence along said parallel line and the boundary of said 8.367 acre parcel North 19° 03' 06" West 650.00 feet; Thence continuing along said boundary of the 8.367 acre parcel South 70° 56' 54" West 444.36 feet to a point in the arc of a curve concave Easterly having a radius of 945.366 feet from which point a radius of said curve bears South 89° 01' 30" East. Said point being the most Southerly corner of that certain 4.47 acre parcel described in deed dated October 2, 1953, from the Atchison, Topeka and Santa Fe Railway Company, to John Hancock Manufacturing Company, recorded April 2, 1954 in Book 5193 of Official Records at Page 56 of the Records of said County; Thence Northerly along a line parallel or concentric with and distant 10.00 feet Easterly at right angles from the center line of said Railway Company's existing Yard Tract No. 3 and along the boundary of said 4.47 acre parcel, through a central angle of 06° 00' an arc distance of 99.00 feet; Thence tangent to said curve and along said boundary of the 4.47 acre parcel North 06° 57' 54" East, 440.88 feet; Thence South 83° 02' 06" West 25.00 feet to the True Point of Beginning; Thence along a line parallel and/or concentric with and distant Westerly 15.00 feet from said center line of Tract No. 3, South 06° 57' 54" West 112.73 feet; CLTA Preliminary Report Form - Modified (11-17-06) Page 3 File No: 08020004 Thence North 83° 02' 06" West 25.10 feet to the Easterly boundary of that certain Parcel No. 4 described in Judgment and Decree in Condemnation No. 248-SD Civil, Docketed June 8, 1945 in C.O. Book 10 at Page 649, Office of the Clerk of the District Court of the United States, Southern District of California, Southern Division; Thence North 05° 42' 00" East along said Easterly boundary 123.92 feet; Thence continuing along said Easterly boundary North 09° 25' 02" East 348.20 feet to a point in the arc of a 346.82 foot radius curve concave Northwesterly, from which point a radius of said curve bears North 30° 08' 30" West, said curve being concentric with and distant Southerly 40.00 feet from that certain parcel of land described in deed dated August 1, 1957, from the Atchison, Topeka and Santa Fe Railway Company, to Fessman Corporation; Thence Northeasterly along said concentric curve through a central angle of 07° 24' 34" a distance of 44.85 feet; Thence 64° 02' 06" East 44.64 feet to said parallel or concentric line 15.00 feet Westerly of Tract No. 3; Thence along said parallel or concentric line the following four courses: (1) South 25° 57' 54" West 65.22 feet to the beginning of a tangent 618.80 radius curve concave Southeasterly; (2) Thence Southwesterly along said curve through a central angle of 14° 04' 00" a distance of 151.92 feet; (3) Thence South 11° 53' 54" West 80.63 feet to the beginning of a tangent 970.36 foot radius curve concave Southeasterly; (4) Thence Southwesterly along said curve, through a central angle of 04° 56' 00" a distance of 83.55 feet to the True Point of Beginning. Assessor's Parcel Number: 559-040-53 CLTA Preliminary Report Form - Modified (11-17-06) Page 4 RESOLUTION NO. 2014 — 06 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT AND COASTAL DEVELOPMENT PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY LOCATED AT 1445 TIDELANDS AVENUE IN THE COASTAL ZONE APPLICANT: VERIZON WIRELESS CASE FILE NO. 2013-24 CUP, CDP APN: 559-040-53 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit and Coastal Development Permit for a wireless communications facility located at 1445 Tidelands Avenue in the Coastal Zone at a duly advertised public hearing held on December 2, 2013, at which time the City Council considered evidence; and WHEREAS, at said public hearing the City Council considered the staff report provided for Case File No. 2013-24 CUP, CDP, 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 law 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 December 2, 2013, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the facility, including the faux palm tree and shelter (257 square feet), can easily be accommodated on the 0.40 acre site, and will not affect surrounding existing uses. 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 60-foot artificial palm tree will adequately screen the twelve panel antennas, and since the landscaping and fencing on -site 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. 5. That the proposed project is consistent with and implements the Certified Local Coastal Program, since the proposed stealth wireless facility, is a conditionally -allowed use in the MM-CZ zone and will not prohibit coastal access or obstruct views. Resolution No. 2014 — 06 January 21, 2014 Page Two BE IT FURTHER RESOLVED that the applications for Conditional Use Permit and Coastal Development Permit are approved subject to the following conditions: General 1. This Conditional Use Permit and Coastal Development Permit authorize a wireless communications facility at 1445 Tidelands. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits A and B, Case File No. 2013-24 CUP, dated 10/10/2013. 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 and Coastal 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 this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit and Coastal Development 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 and Coastal 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. 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 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/Fire 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. 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 Resolution No. 2014 — 06 January 21, 2014 Page Three 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. 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 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. 8. 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 9. 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. 10. Call 800-227-2600 (Underground Service Alert) for mark out prior to any digging activities. Planning 11. All appropriate and required local, state and/or federal permits must be obtained prior to operation of the wireless communications facility. 12. The dead/dying and non-existent landscape areas on -site shall be re -planted to the satisfaction of the Planning Department. The proposed relocated palm tree shall be placed south of the project area to the extent possible. 13. As part of construction of the proposed driveway to the project, the existing driveway border shall be repaired. Please contact the Planning Department for additional inforrnation. 14. The chain link fence shall incorporate vinyl slats in order to match the existing facilities on site. 15. All 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. 16. Exterior walls of buildings/poles to a height of not less than 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. 17. 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 Resolution No. 2014 — 06 January21, 2014 Page Four 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. 18. 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 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. PASSED and ADOPTED this 21st day of January, 2014. on ' orrison, Mayor ATTEST: IQ MicHael R. Della, ty Clerk OVED AS TO FORM: Clau. a ua Silva City Attor Passed and adopted by the Council of the City of National City, California, on January 21, 2014 by the following vote, to -wit: Ayes: Councilmembers Cano, Morrison, Natividad, Rios, Sotelo-Solis. Nays: None. 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. 2014-6 of the City of National City, California, passed and adopted by the Council of said City on January 21, 2014. CI k of the City o atio By: Deputy City nal City, California CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ,51W:b I Ebi) } before me, Mft/DM (422611NA COA L 2i1 Hto or K 1 f'U3�t C I fere Insert Name and Title of the Officer personally appeared MO NI _ tr'M'63 PENNY Namefs) of Signeris) OFFICIAL SEAL SANDRA CRISTINA CORIAFZUBIAURR NOTARY PUBLIC-CALIFORNIAg, COMM. NO. 2062216 SAN DIEGO COUNTY MY COMM. EXP. MAR. 23, 2018 Place Notary Seel Above who proved to me on the basis of satisfactory evidence to be the person(y whose name* is/aep subscribed to the within instrument and acknowledged to me that lx/she/tt)4y executed the same in pis/her/tt it authorized capacity(ii), and that by his/her/tKr signature) on the instrument the person*. or the entity upon behalf of which the person* 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. Signatu OPTIONAL e Public Though the information below is not required by law; it may prove valuable to persons relyt on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document f� n_,/ Title or Type of Document: Iv�c QF F-r,S IF'/ C71()N ON L -P{j� � r/�G 12' l Document Date: 01 / 2 g J / 7 Number of Pages. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): I Partner — ' Limited 1 General L Attorney in Fact Cl Trustee ❑ Guardian or Conservator Ll Other: Signer Is Representing: Signer's Name: Individual ❑ Corporate Officer --- Title(s): ❑ Partner — L_' Limited ❑ General U Attorney in Fact i Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top el thumb here 02007 National Notary A souafion• 9350 De Soto Ave., P.O-Box 2102 •Chatsworth. CA 91313-21.02• vsnrw.NationalNotary nrg Item b5907 Reorder: Call Toll -Free 1-800-875 5527