HomeMy WebLinkAbout2014 CON (Notice of Restriction on Real Property) 1440 Highland Ave 556-234-05RECORDING REQUESTED BY:
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Property Owner's Name
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Property Owner's Signature
WHEN RECORDED MAIL TO:
Planning Division
City of National City
1243 National City Boulevard
National City, CA 91950
D O C it 2014-0064415
111111 II III010IR 010111111110111101111IIIII111II0IIII
FEB 18, 2014 9:15 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg, Jr., COUNTY RECORDER
FEES: 32.00
PAGES
6
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NOTICE OF RESTRICTION ON REAL PROPERTY:
Address: 440 Highland Avenue
Assessor's Parcel # 556-234-05
The real property located in the City of National City, County of San Diego, State of California
described as follows:
Lot 11 and the south half of lot 12 in Block 4 of Floyd's Subdivision being the east half
of the ten acre lot 12, in quarter section 155 of Rancho De La Nacion in the City of
National City, County of San Diego, State of California, according to map thereof No. 2,
filed in the office of the County Recorder of San Diego County, April 5, 1981.
is restricted by conditions of approval of Planning Commission Resolution No. 2013-18 issued by the
City of National City. The obligations and restrictions imposed by Planning Commission Resolution
No. 2013-18 approving the Approval of Plans Permit (2012-15 AP) are binding on all present or future
interest holders or estate holders of the property. A copy of the Planning Commission Resolution No.
2013-18 is on file with the National City Planning Division.
Dated: August 28, 2013
OVED AS TO FORM:
C
City At -to
of National City
on, Executive Director
NationaiCity Development Services Department
ALL PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
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On August 28, 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
Mich el R. Dalla, C C, City Clerk
RESOLUTION NO. 2013-18
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF NATIONAL CITY, CALIFORNIA,
APPROVING A REQUEST FOR APPROVAL OF PLANS
FOR CONVERSION OF AN EXISTING SINGLE-FAMILY RESIDENCE
TO A COMMERCIAL OFFICE AT 440 HIGHLAND AVENUE
APPLICANT: VICTOR M. IBARRA
CASE FILE NO. 2012-15 AP
WHEREAS, the Planning Commission of the City of National City considered a request
for Approval of Plans for a conversion of an existing single-family residence to a commercial
office at 440 Highland Avenue, at a hearing held on August, 5 2013, at which time oral and
documentary evidence was presented; and,
WHEREAS, at said public hearing the Planning Commission considered the staff report
contained in Case File No. 2012-15 AP 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 hearing held on August 5, 2013 support the following findings:
1. The proposed conversion from a residential to a nonresidential use is in
compliance with all applicable zoning regulations since the proposed office use is
allowed in the MXC-1 zone and no Variances are needed.
2. That approval of the conversion to a nonresidential structure will maintain an
architecturally compatible design and the structure and property will be
aesthetically compatible with adjacent properties since the proposed office is an
existing building that appears well maintained and landscaping on the property
will be improved.
BE IT FURTHER RESOLVED that the application for a request for Approval of Plans is
approved subject to the following conditions:
General
1. This Approval of Plans authorizes the conversion of a residential use to non-
residential use at 440 Highland Avenue. Except as required by conditions of
approval and the Land Use Code, all plans submitted for permits associated with the
project shall conform to Exhibit A, Case File No. 2012-15 AP, dated 7/15/2013.
2. Before this Approval of Plans shall become effective, the applicant and the property
owner both shall sign and have notarized an Acceptance Form, provided by the
Planning Division, 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 Division
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 Development Services 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 the Land Use Code.
Planning
5. Landscape and irrigation plans shall be submitted with building permit plans. The
total landscape area on the site shall be increased by utilizing areas not currently
dedicated to a required purpose.
6. Building permits must be obtained prior to expiration of this permit as described in
Condition of Approval #4 above. Construction must be completed for this Approval
of Plans permit to be valid.
7. All violations on the property shall be identified and remedied during the Building
Permit and construction process. The violations include the wall that encroaches
into the public right-of-way, and any construction performed on the property without
permits.
8. All facilities for living, sleeping, cooking, and dining shall be removed, except for
employee dining facilities.
Building
9. The proposed conversion from a residential use to a commercial space will require a
permit from the Building Division for the remodel as well as for the change in
occupancy. All construction/remodeling shall be as specified in the 2010 California
Building, Plumbing, Electrical, Mechanical and Accessibility Codes.
Fire
10.Any plans submitted for construction shall comply with the 2010 edition of the
California Fire Code and the 2010 edition of NFPA.
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
August 5, 2013, by the following vote:
AYES: Baca, Pruitt, Flores, Alvarado, Bush, Dela Paz, Garcia
NAYS: None
ABSENT: None
ABSTAIN: None
CHAIRPERSON
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of J n Y7 DIFgC
On 0213.2e14 before me,
Date
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Here Insert Name and Idle of the Officer
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Name(s) of Signer(s)
SURESH R. PAREKH
Commission # 1932494
9 Notary Public • California
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San Diego County
My Comm. Expires May 10, 2015
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/a subscribed to the
within instrument and acknowledged to me that
he/she/they executed the same in lbg/her/tjAr authorized
capacity(i$5, and that by I /her/tl;r6ir signature(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNE my hand ade$icial seal.
Sign
OPTIONAL
_.Signature of Notary Public
Though the information below is not required by law, it may prove valuable to persons retying 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: R lac 6 ),//c?,-
Document Date: 8 - 2 6 /3 Number of Pages: 7 VV' C
Signer(s) Other Than Named Above: ?V/ 6/'-/
Capacity(ies) Claimed by Signer(s)
Signer's Name: !1/76fy"/fit A •4'' /b -S
Individual
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Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
Li Guardian or Conservator
L 1 Other:
Signer Is Representing:
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RIGHT THUMBPRINT
OF SIGNER
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Signer's Name:
❑ Individual
Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
Guardian or Conservator
C Other:
Signer Is Representing:
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