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HomeMy WebLinkAbout2014 CON (Notice of Restriction on Real Property) Alex Ahmadian - 1745 East 10th StreetRECORDING REQUESTED BY: IIe-x Rhm&c ai) Properly Owner'1ame Property Owner's Signature WHEN RECORDED MAIL TO: Planning Department City of National City 1243 National City Boulevard National City, CA 91950 OFFICIAL DOC# 2014-0571139 III IIIIIIIIII II IIIIII III III III 11111111 Dec 26, 2014 04:49 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $62.00 NOTICE OF RESTRICTION ON REAL PROPERTY: Address: 1745 East 10th Street, National City, CA 91950 Assessor's Parcel # 557-190-34 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 Planning Commission Resolution No. 28-2014issued by the City of National City. The obligations and restrictions imposed Tentative Parcel Map (2014-17 LS) are binding on all present or future interest holders or estate holders of the property. A copy of the Planning Commission Resolution No. 28-2014 is on file with the National City Planning Department. Dated: December 17, 2014 Bra4-R-aQIston Executive Director, City of National City APPRO E AS TO FORM: Claudia va City Attorney, City . National City EXHIBIT "a" LEGAL DESCRIPTION Real property in the City of National City, County of San Diego, State of California, described as follows: PARCEL "A", IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AS SHOWN ON A PARCEL MAP FILED AT PAGE 1809 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY AND THAT PORTION OF PARCEL "B" ACCORDING TO PARCEL MAP NO. 1809 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA AS FILE NO. 73-222163 DATED AUGUST 9, 1973, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF PARCEL "A", PARCEL MAP NO. 1809; THENCE NORTH 18° 22' WEST, FEET; THENCE SOUTH 71° 38' WEST 57 FEET; THENCE SOUTH 53° 36'43" WEST 71.14 FEET TO THE NORTHWESTERLY CORNER OF SAID PARCEL "A", THENCE NORTH 71° 38' EAST, 124.65 FEET ALONG THE NORTHERLY LINE OF SAID PARCEL "A" TO THE POINT OF BEGINNING. APN: 557-190-34-00 personally appeared CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Saari Di v } On �ec. a b r vf�� before me, SUStt� -S. / /1 0(0 5oU r. No-k r y Date Here Insert Name and Title of the Officer A ltX i-I R.. ahN►c,d; art Name(s) of Signer(s) z z JUS'I IN J. MANSOUR Cormiission # 1946803 Notary Public - California Sian Diego County ' ' My Comrfn• Expires Aug 5, 2015 Place Notary Soal Above z z a who proved to m n the basis of atisfactory evidence to be the person whose name(iss subscribed to the within instrument and acknowledged to me that he/sheet to cuted the same in his/hoWtheir a it] o zed capacity(' s), and that by h's/her/their signature(n 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 official Signatu OPTIONA Lure of Notary Public Though the information elow 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 4 Title or Type of Documental �6+(t(-,�- 04 �. >��-�-f' ,L�jto/l �J .� �2, Z(�/I �0 P Document Date: C - lY Number of Pages: C Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Tit e(s): ❑ Partner — ❑ Limited L General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGIfTTHU OF SIC BPRINT IER • . • Top of thumb here Signer's Name: 0 Individual ❑ Corporate Officer — Title(s): Partner — ❑ Limited LI General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator El Other: Signer Is Representing: RIOUTTHUMBPRINT OF SIGNER • Top of thumb here ©2007 National Notary Association • 9350 pe Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402• www.NationalNotary.org Item 115907 Reorder:Call Toll -Free 1-800-876-6827 Please have this form signed and notarized, and return to the Planning Department, City of National City, 1243 National City Boulevard, National City, California, 91950 STATE OF CALIFORNIA COUNTY OF SAN DIEGO ) says; ss ACCEPTANCE FORM 2014-17 LS , being first duly sworn, deposes and I am We are the applicant(s) for / owner(s) of the property described in the above noted Tentative Parcel Map Case. I am We are aware of, and accept, all of the conditions of approval in the said Tentative Parcel Map as set forth in Planning Commission Resolution No. 28-2014, a copy of which I (we) have received, read and accepted. DATE: ,Z- jZ(p / ;if Subscribed and sworn to before me this day of , 2014. Notary Public in and for the County of San Diego, State of California. My Commission expires Address City, State, Zip State of California County of San Diego Subt�sc �jbed and sworn to (or affirmed) before me on this �Sz day of .mac''_. c.r AD( t-/ by Date Month Year A 109( 41M-CA.1440 Name of Signer Proved me on the basis of satisfactory evidence the perso o appeared before me. ature of Notary Public JUSTIN J. MANSOUR Commission # 1946803 �.. z Notary Public -California D z "`t�„ "r San Diego County My Comm. Expires Aug 5, 2015 ALL PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF SAN DIEGO } On December 17, 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 Mi hael R. Dall' CMC, City Cler RESOLUTION 28-2014 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A TENTATIVE PARCEL MAP FOR THE SUBDIVISION OF ONE LOT INTO THREE AT 1745 EAST 10TH STREET WITH AN EXCEPTION FOR REDUCED LOT FRONTAGE. APPLICANT: ALEX AHMADIAN CASE FILE NO. 2014-17 LS WHEREAS, application was made for approval of a Tentative Parcel Map for the subdivision of one lot into three at 1745 East 10th Street with an exception for reduced lot frontage on property generally described as: Parcel "A" in the City of National City, County of San Diego, State of California, as shown on a parcel map file at page 1809 of parcel maps in the office of the County Recorder of said County and that portion of parcel "B" according to parcel map no. 1809 filed in the office of the County Recorder of San Diego County, California as file No. 73-222163 dated August 9, 1973. WHEREAS, the Planning Commission of the City of National City considered a Tentative Parcel Map for the subdivision of one lot into three at 1745 East 10th Street with an exception for reduced lot frontage at duly advertised public hearings held on December 1 and 15, 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. 2014-17 LS, which is 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 Planning Commission has analyzed the project pursuant to the California Environmental Quality Act (CEQA), and determined that the activity in question is exempt from CEQA under 14 Cal. Code Regs. Section 15315 (Minor Land Divisions); 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 hearings held on December 1 and 15, 2014, support the following findings: FINDINGS FOR APPROVAL OF THE TENTATIVE PARCEL MAP 1 The proposed map is consistent with the National City General Plan and applicable specific plans, since the proposed single-family subdivision, at a density of 7.9 units per acre, is consistent with the Low -Medium Density Residential land use designation, which specifies a maximum density of 9.0 units per acre the uses, and since there are no specific plans applicable to the site. 2. The site is physically suitable for the proposed type of development, since two an additional single-family homes can be located on a level building pad on the site with a minor amount of grading. 3. The site is physically suitable for the proposed density of development, since all three resultant lots can accommodate a single family residence with suitable yard areas. 4. 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 no natural habitat nor bodies of water are present on -site, and since the site is surrounded by urban development. 5. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, since all necessary public services will be provided. 6. 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, since no such easements are located on the site. 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. 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. 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. FINDINGS FOR APPROVAL OF THE EXCEPTION FOR LESS THAN REQUIRED STREET FRONTAGE 1 The property to be divided is of such size and shape that it is impossible or impracticable in the particular case to conform fully to the subdivision requirements, since most of the deep (70-plus feet) property is isolated from public streets and existing development limits the areas in which lot lines can be placed. 2. The exception will not be detrimental to the public health, safety, or welfare, or be detrimental to the use of other properties in the vicinity, since adequate access to the street (a minimum of 20 feet in width) will be provided for all three lots, and since the General Plan encourages the creation of home ownership opportunities, which the requested exception facilitates. 3. Granting of the exception is in accordance with the intent and purposes of this title, and is consistent with the General Plan and with all applicable specific plans or other plans of the City, since the proposal will create two additional homeownership opportunities, and since there are no applicable specific plans. BE IT FURTHER RESOLVED that the application for the Tentative Parcel Map is approved subject to the following conditions: General 1. This Tentative Parcel Map authorizes the creation of three new parcels from one existing parcel. Except as required by Conditions of Approval, all plans submitted for permits associated with the project shall conform with Exhibit B, case file no. 2014-17 LS, dated 12/8/2014. 2. Before this Tentative Parcel Map shall become effective, the applicant and/or property owner 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 Tentative Parcel Map. The applicant shall also submit evidence to the satisfaction of the Executive Director 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 Tentative Parcel Map 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. Approval of the tentative map expires two (2) years after adoption of the resolution of approval at 6:00 p.m. unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by National City Municipal Code §17.04.070. Building 4. Plans submitted for improvements must comply with the 2013 edition of the California Building, Electrical, Plumbing, and Mechanical. Engineering 5. A Final Map shall be filed and recorded in accordance with City requirements. The map shall show all existing and proposed easements. Fire 6. Plans submitted for improvements must comply with the 2013 editions of the California Fire Code (CFC) and National Fire Protection Association (NFPA), and the current edition of the California Code of Regulations. Planning 7. All future construction must meet setback requirements as stated in the Land Use Code. 8. If the approximate 380 square -foot portion of East 10th Street located behind the retaining wall at the front of the subject property is vacated, an easement for access and maintenance of the existing power pole and street light shall be granted. 9. If existing structures are located on or over proposed iot lines, or if existing structures would no longer meet required setbacks based on proposed lot lines, the Final Map shall not be approved until said structures are demolished or reduced to remedy these situations. No accessory structures shall be permitted on lots without a primary use. 10. If the approximate 380 square -foot portion of East 10th Street located behind the retaining wall at the front of the subject property is vacated, an easement for access and maintenance of the existing power pole and street light shall be granted. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant. BE IT FURTHER RESOLVED that this resolution shall become effective and final upon adoption, unless appealed pursuant to Section 17.04.050 of the Subdivision Ordinance of the City of National City CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of December 15, 2014, by the following vote: AYES: Alvarado, Baca, Bush, Flores, Garcia, Pruitt NAYS: ABSENT: DelaPaz ABSTAIN: CHAIRPERSON PROCEDURES FOR PROCESSING AN ACCEPTANCE FORM Once your project has received approval (after the City Council has filed Notice of Decision or approved the project at a public hearing) the following must be done: Acceptance Form: The Acceptance Form is a written statement acknowledging and accepting all conditions imposed upon the approval of the permit. This form, filled out by the Planning Department, will be mailed to you. It must be signed and dated by the property owner in the presence of a Notary Public. If the project applicant is different from the property owner, a second acceptance form will be sent; it must be signed and dated by the applicant in the presence of a Notary Public. The Notary will certify that the signature is legally authentic. (Notary Publics are listed in the Yellow Pages). Once the forms are notarized they are to be returned to the Planning Department. Failure to return the Acceptance Forms within 30 days of its receipt shall automatically terminate the permit.