HomeMy WebLinkAbout2014 CON (Notice of Restriction on Real Property) 1509 / 1531 / 1534 National City Blvd and 49 E 16th StreetRECORDING REQUESTED BY:
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Prcaertv Owner' Na
Property Owner's Signature
WHEN RECORDED MAIL TO:
PLANNING DEPARTMENT
City of National City
1243 National City Boulevard
National City, CA 91950
DOC# 2014-0500562
111111111111111111111111111111111111111111111111111
NOV 17. 2014 431 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg, Jr., COUNTY RECORDER
FEES: 50.00
PAGES: 12
I IIIIII IIIII IIIII IIIII IIIII III0I IIIII IIIII IIIII III I IIIII IIIII IIIII IIIII IIIII IIII 1111
NOTICE OF RESTRICTION ON REAL PROPERTY:
Address: 1509, 1531, and 1535 National City Boulevard and 49 East 16th Street, National City,
California 91950
Assessor's Parcel No. 560-100-05, -06, -07, and -08
The real property located in the City of National City, County of San Diego, State of California
described as follows:
LOTS 1 THRU 20 IN BLOCK 1 IN THE QUARTER SECTION 154 IN RANCHO DE LA NACION,
IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP NO. 552 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY OF JULY 2, 1888
is restricted by conditions of approval of City Council Resolution No. 2014-146 issued by the City of
National City. The obligations and restrictions imposed by City Council Resolution No. 2014-146
approving the Downtown Specific Plan Consistency Review and Tentative Subdivision Map (2012-03
DSP, S) are binding on all present or future interest holders or estate holders of the property. A copy of
the City Council Resolution No. 2014-146 is on file with the National City Planning Department.
Dated: October 20, 2014
Executive Director, City of National City
PPROVED AS TO FORM:
CLAUDI %11
. SILVA
City Atto City of National City
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
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personally appeared
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Here Insert Name and Title of the Officer
Name(s) of Signer(s)
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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
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 my hand and official seal.
Signature
OPTIONAL
nature of Notary Public
Though the information pelow is not required by law, it may prove valuabl :.ersons 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:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer — Tit e(s):
❑ Partner — ❑ Limited C General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHTTHU
OF SIG
SPRINT
ER •..
Top of thumb here
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited 0 General
0 Attorney in Fact
❑ Trustee
0 Guardian or Conservator
Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
02007 National Notary Association • 9350 pe Soto Ave., P.O. Box 2402 . Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827
ALL PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA }
COUNTY OF SAN DIEGO }
On October 20, 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
ichael R. Dal a, CMC, City
RESOLUTION NO. 2014 — 146
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
APPROVING A MODIFICATION OF A PREVIOUSLY APPROVED TENTATIVE
SUBDIVISION MAP AND CONSISTENCY REVIEW FOR "PARK LOFTS"
LOCATED AT 1509, 1531, AND 1535 NATIONAL CITY BOULEVARD
(PARADISE CREEK HOLDING CORPORATION)
WHEREAS, the City Council considered a modification of a previously approved
Tentative Subdivision Map and Consistency Review for "Park Lofts" located at 1509, 1531, 1535
National City Blvd., at a duly advertised public hearings held on October 7, 2014, at which time
oral and documentary evidence was presented; and
WHEREAS, at said public hearing, the City Council considered the staff report
provided for Case File No. 2012-03 S, DSP, 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
October 7, 2014, supports the following findings:
1. The project is consistent with the Downtown Specific Plan for which an Environmental
Impact Report was certified and Mitigation Measures and a Mitigation Monitoring and
Reporting Program (February 2005 SCH # 2004011110) were adopted.
2. The proposed map is consistent with the General Plan since it is consistent with and
implements the Downtown Specific Plan, which is a further refinement of the goals and
objectives of the General Plan.
3. The site is physically suitable for the proposed type of development since the proposed
project and all required improvements can be provided on site, and the project would
comply with the applicable development standards or has been granted the appropriate
exemptions.
4. The site is physically suitable for the proposed density of development since the proposed
project and all required improvements can be provided on site, and the project would
comply with the applicable development standards or has been granted the appropriate
exemptions.
5. The design of the subdivision or the proposed improvements are not likely to cause
substantial environmental damage or substantially and avoidably injure fish or wildlife or
their habitat, since the site is was previously developed and is located in a completely
urbanized area.
6. The design of the subdivision and the proposed/required improvements are not likely to
cause serious public health problems, since all necessary public services, facilities,
infrastructure, and utilities will be provided.
Resolution No. 2014 —146
Page Two
October 7, 2014
7. The design of the subdivision and the proposed/required improvements will not conflict with
easements, acquired by the public at large, for access through or use of the property within
the proposed subdivision, or such easements will be provided or relocated as required.
8. The discharge of sewerage waste from the subdivision into the City of National City sewer
system will not result in violation of existing requirements prescribed by the California
Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of
the Water Code, as specified by Government Code Section 66474.6.
9. The subdivision has been considered by the Planning Commission with regard to its effect
on the housing needs of the region, and these needs are balanced by the public service
needs of the residents and available fiscal and environmental resources.
10. The design of the subdivision provides, to the extent feasible, for future passive and natural
heating and cooling opportunities in the subdivision, based on consideration of local
climate, topography, property configuration and other design and improvement
requirements without requiring reduction in allowable density or lot coverage.
BE IT FURTHER RESOLVED that the application for Tentative Subdivision Map
and Consistency Review is approved subject to the following conditions:
1. Mitigation Measures. The Tentative Subdivision Map shall be subject to all applicable
mitigation measures of the adopted Mitigation Monitoring and Reporting Program of the
certified Environmental Impact Report for the Downtown Specific Plan.
2. Approved Exhibit. The Tentative Subdivision Map authorizes the subdivision of the subject
property for condominium purposes in conformance with Exhibit "A", Case File No. 2012-03
DSP, S, dated February 6, 2012, except as modified by the Conditions of Approval.
3. Consistency Review. The Tentative Subdivision Map shall be consistent with Downtown
Specific Plan Consistency Review (2012-03 DSP).
4. Landscape Plans. The applicant shall submit landscape and irrigation plans for approval
and shall install and construct all improvements pursuant to the approved plans prior to
occupancy.
5. Lighting Plans. The applicant shall submit lighting plans for approval and shall install and
construct all lighting pursuant to the approved plans prior to occupancy. Lighting shall be
designed to provide adequate illumination for safety, security, identification, and direction as
well as for landmark visibility of the primary buildings and/or significant features of the
project.
16. Sign Program. The applicant shall submit a sign program for approval, and all signs shall
be designed and installed pursuant to the approved sign program.
17. Public Art Program. The applicant shall submit a public art program for approval and shall
install, construct, or implement the approved public art program prior to occupancy. The
Resolution No. 2014 — 146
Page Three
October 7, 2014
installation shall cost no Tess than a half -percent of the project valuation. The applicant
may also pay an in -lieu fee of no less than a half -percent of the project valuation.
18. Public Improvements. The applicant shall submit improvement plans for all adjacent public
rights -of -way for approval. The plans shall be consistent with the Downtown Specific Plan,
including the Open Space Framework, the Streetscape Master Plan, and the Design
Guidelines. The improvements shall include but not be limited to streets; alleys; curbs and
gutter; sidewalks; medians; parkways; landscape; street lights; street furniture; traffic
control; parking facilities; utilities; water, sewer, and drainage facilities; and other necessary
facilities and infrastructure. The applicant shall install and construct the improvements
pursuant to the approved plans prior to occupancy.
19. Engineering Requirements. The applicant shall comply with all engineering requirements,
including the listed requirements.
a) A Hydrology study (100 year flood) is required for the new project. The study should
consider the proposed project area to the closest municipalstorm drain collection
point. The study should consider the adequacy of the existing storm drain system to
convey any additional run off. All Hydrology study findings and recommendations
are part of Engineering Department requirements.
b) The Priority Project Applicability checklist for the Standard Urban Storm -water
Mitigation Plan (SUSMP) is required to be completed and submitted to 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), an approved SUSMP will be required prior
to issuance of an applicable engineering permit. The SUSMP shall be prepared by
a Registered Civil Engineer.
c) 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.
d) All surface run-off shall be collected by approved drainage facilities and directed to
the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be
protected from surface run-off resulting from this development.
e) A grading and drainage plan shall be submitted showing all of the proposed and
existing on -site and off -site improvements. The plan shall be prepared in
accordance with the City's standard requirements by a Registered Civil Engineer.
All necessary measures for prevention of storm water pollution and hazardous
material run-off to the public storm drain system from the proposed parking lot or
development shall be implemented with the design of the grading. This shall include
the provision of such devices as storm drain interceptors, clarifiers, or filters. Best
Resolution No. 2014 — 146
Page Four
October 7, 2014
Management Practices for the maintenance of the parking lot, including sampling,
monitoring, and cleaning of private catch basins and storm drains, shall be
undertaken in accordance with the National Pollution Discharge Elimination System
(NPDES) regulations. A private storm water treatment maintenance agreement
shall be signed and recorded. The checklists for preparation of the grading plan,
drainage plan, and Standard Urban Storm Water Mitigation Plan (SUSMP) are
available at the Engineering Department.
f) A National Pollutant Discharge Elimination System (NPDES) permit is required for
discharged of storm water runoff associated with construction activity where
clearing, grading, and excavation results in a land disturbance. A construction
stormwater permit shall be obtained from the Regional Water Quality Control Board.
A copy of the permit shall be given to the City of National City Engineering
Department prior to any work beginning on the project.
A sewer permit will be required. A sewer study shall consider the adequacy of the
existing sewer system. The sewer study recommendations shall be part of the
Engineering Department Requirements. The method of sewage collection and
disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the
City right-of-way shall be 8-inch in size with a clean out and the installation of a
manhole in the street. A sewer stamp "S" shall be provided on the curb to mark the
location of the lateral. A sewer main runs through the alley that shall be addressed
or relocated if building is to be constructed in this location.
h) A soils engineering report shall be submitted for the Engineering Department's
review, after Planning Commission approval. The report shall address the
adequacy of the building pads, the criteria for any new retaining wall design, the
maximum allowable soil bearing pressure. As a minimum, the parking lot pavement
sections shall be 2-inch A.C. over 4-inch Class II aggregate base. The street
pavement sections shall be in accordance with National City modified Standard
Drawing G-34. All soils report findings and recommendations shall be part of the
Engineering Department requirements.
i) The deteriorated portions of existing street improvements (including sidewalks and
curbs) along the property frontages shall be removed and replaced, unless other
funding sources become available that allow alternative options.
j) 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.
g)
k) Street improvements shall be in accordance with City Standards. Abandoned
driveway aprons shall be replaced with curbs, gutters, and sidewalks.
I) A title report shall be submitted to the Engineering Department, after the Planning
Commission approval, for review of all existing easements and the ownership of the
property.
Resolution No. 2014 — 146
Page Five
October 7, 2014
m) 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.
n) An existing 35-foot wide drainage easement reserved to the City of National City
exists at the south side of the property. No building encroachment will be allowed
within the easement. The easement shall be shown on the grading plans and on
the final map
o) The Final Map shall meet all of the requirements of the Subdivision Map Act, and
the City of National City Municipal Codes including certification, acknowledgement,
complete boundary information and monumentation.
p)
The subdivider shall submit an approval letter from Sweetwater Authority stating fire
flow requirements have been met. If additional improvements are needed, the
developer shall enter into an agreement for the water improvements with the
Authority prior to obtaining the Final Map approval.
q) The developer shall bond for the monumentation, the public improvements and the
on -site grading, drainage, landscaping, and other improvements through an
agreement with the City prior to the approval of the Final Map.
r) The proposed street and alley vacation at this site shall be approved by the City
council prior to the final map approval. City vehicle access shall be provided to
maintain the park.
s) All utility distribution facilities within the boundaries of the subdivision, and within the
half street abutting the new subdivision, shall be placed underground.
t) The Final Map shall be recorded prior to issuance of any building permit.
u) All new property line survey monuments shall be set on private property, unless
otherwise approved.
v) The Final Map shall use the California Coordinate System for its "Basis of Bearings"
and express all measured and calculated bearings in terms of the system. The
angle of grid divergence from a true meridian and the north point shall appear on
the map. Two measured ties from the boundary of the property to existing horizontal
control stations shall be shown.
20. Public Works Requirements. The applicant shall comply with all public works requirements,
including the listed requirements.
Resolution No. 2014 —146
Page Six
October 7, 2014
a) The developer shall replace the existing sidewalks adjacent to the project.
b) The developer shall replace the existing street trees with a tree palette
commensurate with the building's architecture and adjacent landscaping theme.
c) The developer shall install streetlights along street and paseo frontages.
d) Vine type plants shall be planted to cover the wall along the east project boundary,
and shall be maintained by the project HOA.
21. Fire Department Requirements. The applicant shall comply with all Fire Department
requirements, including the listed requirements.
a) The project shall be built to code. The National City Fire Department utilizes the
2013 edition of the California Fire Code and the current edition of the National
Fire Protection Association (NFPA) Codes and Standards.
b) Sprinkler piping and fire detection devices shall be automatically supervised
where more than 20 sprinklers are on the system per NFPA 13, Chapter 7
Section 7.3.2.4 Supervision. A fire alarm system is required.
c) Standpipes shall be required at ground level due to zero emergency access. A
fire protection engineer shall be contacted for direction on design.
d) Circumferential travel, including the area containing tennis courts and the skate
park, is required. If no circumferential travel is provided, emergency access
through buildings will be required per the CFC Chapter 5 and Appendix D. This
comment shall be memorialized on all submitted plans as discussed in meeting
which occurred on January 4, 2012, at City Hall.
e) If a sprinkler and/or alarm system is required, plans for such systems shall be
submitted directly to the National City Fire Department.
22. Building Department Requirements. Plans submitted for construction shall comply with the
2013 editions of the California Accessibility, Building, Electrical, Mechanical, Plumbing,
Energy, Fire, Residential, and Green Codes.
23. Police Department Requirements. The applicant shall comply with all Police Department
requirements, including the listed requirements.
a) The project shall comply with the crime free multi -housing criteria and crime
prevention through environmental design standards.
b) The project shall incorporate a camera system for security monitoring purposes of
the common open public spaces and retail areas of this project. Such camera
system should be compatible to operationally integrate with the current Police
Department security camera project scheduled for various areas throughout the
City.
Resolution No. 2014 — 146
Page Seven
October 7, 2014
24. Covenants, Conditions, and Restrictions. The applicant shall submit a declaration of
covenants, conditions, and restrictions for approval prior to approval of a final subdivision
map. The CC&Rs shall run with the land, clearly setting forth privileges and responsibilities,
including maintenance, involved in the common ownership of buildings, streets, parking
areas, walks, open spaces, recreation areas, utilities, and common areas and facilities.
The CC&Rs shall allow the City of National City the authority but not the obligation to
assume the maintenance of the property and assess the full cost, including overhead costs,
as a lien against the property if said property is not adequately maintained pursuant to the
CC&Rs. The CC&Rs shall include a determination that the funds provided by the
maintenance provisions will be sufficient to cover all contemplated costs. The CC&Rs shall
be approved as to form and content by the City Attorney of the City of National City.
25. Property Owners Association. A corporation, association, property owners' group, or
similar entity shall be formed with the right to assess properties that are jointly owned with
interests in the common areas and facilities in the entire development to meet the
expenses of such entity, and with authority to control, and the duty to maintain, all such
common areas and facilities. Such entity shall operate under recorded CC&Rs approved
by the City of National City, which shall include compulsory membership of all property
owners and flexibility of assessments to meet changing costs of maintenance, repairs, and
services.
26. Landscape Maintenance District. Pursuant to the Implementation Program of the
Downtown Specific Plan, if a landscape maintenance district is formed, the subject property
shall be incorporated into the landscape maintenance district and assessed as provided for
in the district for purposes for which the district was formed.
27. Parking District. Pursuant to the Implementation Program of the Downtown Specific Plan, if
a parking district is formed, the subject property shall be incorporated into the parking
district and assessed as provided for in the district for purposes for which the district was
formed.
28. Acceptance of Conditions. The applicant and property owner shall sign and have notarized
an Acceptance Form acknowledging and accepting all conditions of approval of this permit.
Failure to return the signed and notarized Acceptance Form within 30 days of approval of
this permit shall automatically terminate this permit. The applicant shall record a Notice of
Restriction on Real Property with the San Diego County Recorder. The Notice of
Restriction shall provide that the conditions of approval of this permit are binding on all
present and future interest or estate holders of the property. The Notice of Restriction shall
be approved as to form by the City Attorney of the City of National City and signed by the
City Manager of the City of National City prior to recordation.
29. Expiration. The approved Tentative Subdivision Map shall expire two years after the
effective date of approval unless prior to that date a request for a time extension not
exceeding three years has been filed as provided by Municipal Code Section 17.04.070.
30. Plans submitted for construction permits shall be in compliance with all required parking
standards as set forth in the Land Use Code and/or the Downtown Specific Plan.
Resolution No. 2014 —146
Page Eight
October 7, 2014
31. A faux storefront/window treatments shall be installed along the south and north
elevations of each building to the extent feasible.
BE IT 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 7th day of October, 2014.
on Morrison, Mayor
ATTEST:
Michael R. Dalla, City Clerk
ROVED £S TO FO
audia -cit a Silva
City Attorn
Passed and adopted by the Council of the City of National City, California, on October
7, 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
By:
Mayor of the City of National City, California
MICHAEL R. DALLA
City Clerk of the City of National City, California
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2014-146 of the City of National City, California, passed and
adopted by the Council of said City on October 7, 2014.
H
City Clerk of the City f National City, California
By:
Deputy