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HomeMy WebLinkAbout2013 CON (Notice of Restriction on Real Property) 926 East 22nd StreetRE ORDING R UESTED BY: Prope far1 Pr rty Owner's Signature WHEN RECORDED MAIL TO: Planning Division City of National City 1243 National City Boulevard National City, CA 91950 DOC it 2013-0455103 JUL 22, 2013 4:19 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 47.00 PAGES: 8631 7 IIIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII NOTICE OF RESTRICTION ON REAL PROPERTY: Address: 926 East 22nd Street Assessor's Parcel # 561-313-17 The real property located in the City of National City, County of San Diego, State of California described as follows: Lots 17 to 20 inclusive in Block 11 of Wilbur's Additions, according to Map thereof No. 251, filed in the office of the County Recorder of San Diego County. is restricted by conditions of approval of Planning Commission Resolution No. 13-2013a issued by the City of National City. The obligations and restrictions imposed Tentative Parcel Map (2013-15 LS) are binding on all present or future interest holders or estate holders of the property. A copy of the Planning Commission Resolution No. 13a-2013 is on file with the National City Planning Division. Dated: July 2, 2013 PRO ± AS TO FORM: audia G. City Atto of National City Braaulston, Executive Director National City Development Services Department CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of 50.atei30 On`J(•(ladr3 beore m p. Date e, personally appeared f7 yl vl f t er-)._ Name J Naha Signer(s) P, MENA - i` Commission * 2027581 a --: Notary Public - California z '' San Diego County 3 ! My Comm. Expires Jun 10, 2017 E Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person( hose name;'i /are subscribed to the withi instr ment and acknowledged to me that he /they executed the same in.b4 le thleir authorized capacity), and that by er heir signature,, on the instrument the person), or a 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 han Signature OPTIONAL al seal. Signature of Notary Public 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: / V 1 C e of k-e $'rj7 G4-, Ul a n eea1 Prcrer-V Document Date: J t, (C. a Number of Pages: 6 Signer(s) Other Than Named Ab ve: Capacity(ies) Claimed by Signer(s) Signer's Name: Ley2 a_ (-h individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited 0 General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here N/4 Signer's Name: _ ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ Gen ❑ Attorney in Fact ❑ Trustee 0 Guardian or Conser ❑ Other: Signer Is Repr senting: RIGHTTHUMBPRINT OF SIGNER Top of thumb here •✓x,y4s✓.4�4w4'titi4;,k4s✓c..2e,4wAstt" �4�✓4A0wAL,x✓.'ei4`+i, 'e'<✓.4�✓�'✓4�s�✓.4`ri.4�4�4�✓.4�✓.4�✓ ei4�✓.4� .'ti4�4�b:✓i+�ei.4�. ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item 85907 Reorder: CaN Toll -Free 1-800-87P: ALL PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF SAN DIEGO On July 10, 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 A M' hael R. gall.,, CMC, City Cler 8633 8634 RESOLUTION 13a-2013 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 TWO AT 926 EAST 22ND STREET. APPLICANT: LENA CHUNG CASE FILE NO. 2013-15 LS WHEREAS, application was made for approval of a Tentative Parcel Map for a two lot split and lot line adjustment at 1941 Palm Avenue on property generally described as: Lots 17 to 20 inclusive in Block 11 of Wilbur's Additions, according to Map thereof No. 251, filed in the office of the County Recorder of San Diego County. WHEREAS, the Planning Commission of the City of National City considered a Tentative Parcel Map for the subdivision of one lot into two at 926 East 22nd Street at a duly advertised public hearing held on July 1, 2013, 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. 2013-15 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 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 hearing held on July 1, 2013, support the following findings: 1. The proposed map is consistent with the National City General Plan and applicable specific plans, since the proposal will create an additional homeownership opportunity, and since there are no applicable specific plans. 2. The site is physically suitable for the proposed type of development, since two single-family homes can be located on the two proposed lots with all commensurate improvements and meeting all pertinent Land Use Code requirements. 8635 3. The site is physically suitable for the proposed density of development, since the density of the two proposed RS-3-zoned lots (1.9 and 2.8 units per acre respectively) is consistent with the General Plan allowable maximum density of 15 units per acre. 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 there is no native habitat or bodies of water on the previously developed 13,764 square -foot property, which is located in an urbanized area. 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. 7 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. 8. 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. 9. 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 the Tentative Parcel Map is approved subject to the following conditions: General 1. This Tentative Parcel Map authorizes the creation of two 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 A, case file no. 2013-15 LS, dated 5/16/2013. 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 8 636 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 construction shall comply with the 2010 editions of the California Building, Electrical, Mechanical, Plumbing, Energy, Fire, Residential and Green Codes. 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 construction shall be in compliance with the current editions of the CRC, the 2010 editions of the NFPA and CFC, title 19 and local City of National City Municipal Codes. 7. Fire Sprinklers will be required for each new unit. Fire sprinkler plans shall be submitted to the National City Fire Department directly through permit. Sweetwater Authority 8. New water service shall be provided and shall include a backflow prevention assembly. 9. A ten -foot horizontal separation between sewer and water laterals is required. 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 8637 CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of July 1, 2013, by the following vote: AYES: Pruitt, Baca, Flores, Alvarado, Bush, DeLaPaz NAYS: None ABSENT: NOne ABSTAIN: Garcia C 111.E-,- �✓t ��^'�---_ CHAIRPERSON