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HomeMy WebLinkAbout2022 CON Notice of Restriction - 1317 Kimball WayRECORDING REQUESTED BY: Property owner's Name 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 EAL PROPERTY: Address: 1317 Kimball all Way Property owner: Moman Tower Housing Associates, LP., Assessor's Parcel 4 560-410-03 & 05 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. 2022-03 issued by the City of National City. The obligations and restrictions imposed by Planing Commission Resolution No. 2022-03 approving the Conditional Use Permit (2022-01 CUP) are binding on all present or future interest holders or estate holders of the roperty. A copy of Planning Commission Resolution No. 2022-03 is on file with the National City Planning Division (See attached Exhibit "B"). Dated: March 23, 2022 City Manager, City of National City APPROVED AS TO FORM: CHARLES E. BELL J City Attorney, City of f onal City EXHIBIT A LEGAL DESCRIPTION ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL A: LOT 2 OF CENTER CITY PROJECT, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 8807, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 24, 1978. EXCEPTING THEREFROM THE LEASE OF THE PROPERTY A NON-EXCLUSIVE EASEMENT FOR VEHICULAR AND PEDESTRIAN INGRESS AND EGRESS OVER THAT PORTION OF THE PROPERTY MORE FULLY DESCRIBED AS FOLLOWS: PORTION OF LOT 2 OF CENTER CITY PROJECT, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 8807, RECORDED JANUARY 4, 1978, AS FILE NO. 78-75321, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. BEGINNING AT THE EASTERLY CORNER SAID LOT 2 AND ALSO BEING ON THE WESTERLY 30 FEET RIGHT-OF-WAY OF KIMBALL WAY; THENCE SOUTHERLY ALONG SAID EASTERLY LINE SOUTH 17° 47' 19" EAST (SOUTH 17° 47' 52" EAST, RECORD PER MAP NO. 8807) A DISTANCE OF 66.48 FEET; THENCE LEAVING SAID EASTERLY LINE, NORTH 72° 18' 17" EAST A DISTANCE OF 38.83 FEET TO THE BEGINNING OF A 780.00 FEET RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL TO SAID CURVE BEING SOUTH 39° 07' 04" WEST AND ALSO BEING ON SAID WESTERLY 30 FOOT RIGHT-OF-WAY OF KIMBALL WAY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 05° 39' 41", AN ARC LENGTH OF 77.07 FEET TO THE POINT OF BEGINNING. PARCEL B: EASEMENT FOR PEDESTRIAN AND VEHICULAR ACCESS FOR INGRESS AND EGRESS AS CONVEYED BY THE EASEMENT AND JOINT USE AGREEMENT RECORDED ON MARCH 29, 20191 AS INSTRUMENT NO. 2019-114010 OF OFFICIAL RECORDS. PARCEL C: AN EASEMENT FOR PEDESTRIAN AND VEHICULAR ACCESS FOR INGRESS AND EGRESS AND VEHICULAR PARKING AS CONVEYED BY THE GROUND LEASE DISCLOSED BY THE MEMORANDUM OF GROUND LEASE RECORDED MARCH 29, 2019 AS INSTRUMENT NO. 2019-113613 OF OFFICIAL RECORDS, MORE FULLY DESCRIBED AS FOLLOWS: PORTION OF LOT 6 OF CENTER CITY PROJECT, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 8807, RECORDED JANUARY 4, 1978, AS FILE NO. 78-75321, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. BEGINNING AT THE EASTERLY CORNER SAID LOT 6 AND ALSO BEING ON THE WESTERLY 30 FEET RIGHT-OF-WAY OF KIMBALL WAY; THENCE SOUTHERLY ALONG SAID EASTERLY LINE SOUTH 17° 47' 19" EAST (SOUTH 17° 47' 52" EAST, RECORD PER MAP 8807) A DISTANCE OF 66.48 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EASTERLY LINE SOUTH 17° 47' 19" EAST (SOUTH 17° 47' 52" EAST) A DISTANCE OF 52.66 FEET TO THE SOUTHERLY LINE OF SAID LOT 6; THENCE WESTERLY ALONG SAID •SOUTHERLY LINE, SOUTH 72° 04' 42" WEST (SOUTH 72° 04' 09' WEST) EXHIBIT A (Continued) A DISTANCE OF 0.5' 0.70) FEET TO THE WE TERL ` LINE OF SAID LOT 6 AND ALSO BEING ON THE EASTERLY 40 FEET RIGHT-OF-WAY OF D AVENUE; THENCE NORTHERLY ALONG SAID WESTERLY LINE NO. TH 17e 46' 21" WEST (NORTH 1 7" 46' 54" VVEST) A DISTANCE OF 50.22 FEET; THENCE LEAVING SAID WESTERLY LINE NORTH 45` 57" EAST A DISTANCE OF 175.92 FEET; THENCE NORTH 17' 12' .0" WEST A DISTANCE OF 5.01 FEET; THENCE NORTH 72 " 18' 17T' EAST A DISTANCE OF 114.56 FEET TO THE TRUE POINT OF BEGINNING. EXHiBIT RESOLUTION N, 2 22- 3 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A_CONQ!_T_!0NAL USE—P-E-h?M-IT-FQR THE RELOCATION OF AN EXISTING WIRELESS COMMUNICATIONS FACILITY LOCATED AT 1320 HIGHLAND AVENUE. CASE FILE NO. 2022-02 CUP APN: 560-410-03 & 560-410-45 WHEREAS, the Planning Commission of the Cityof National City nsidrd Conditional Use Permit for the relocation of an existing wireless communications facility located at 1320 Highland Avenue at a duly advertised publichearing arin held on February 7, 2022, at which time oral and documentary evid n was presented; WHEREAS, at said public hearings the PlanningCommission considered the staff report contained in Case File 1 . 2022- 2 CUPCity maintained bythe and incorporated herein by reference along with evidence and testimony at said hearing; and WHEREAS, this action is taken pursuant to ail applicable bl procedures required by State law and City law; and, WHEREAS, the action recited hersin is found to be essential for the preservation of public health, safety, and general welfare, NOW, THEREFORE, BE IT RESOLVED LVE bythe Planning of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on February 2 2� supportfollowing findings: � a �the 1. That the proposed use is allowable within the applicable nin district pursuant to a CUP and complies with all other applicable f the Land Use Code, because use is allowable within the RM-3 zone pursuant to CUP, and the proposed facility meets the required telecommunication facility design guidelines that include providing the minimum distance req uirements from habFtable and screening the facility. 2. That the proposed use is consistent with the General Plan and any applicable specific plan, because General Plan Poly E-3.3 encourages access to wireless internet connections, computers, and other forms of communication technology: the proposed facility modifications r vid increased Internet/cellular data as will as standard cellphone service capability. In addition the ...x proposed facility is conditionally -permitted use in the RM-3 zone. 3. That the design, location, size, and operating characteristics of the proposed activity would be r p tibl with the existing and future landis . usesin thevicinity, because the facility will be located on the roof of the interferingbuildingwithout with the existing use. No future expansion of the buildingis rthat the facility would conflict with. The screening for the antennas will match the architectural style of the building, in compliance with the LUC. 4. That the site is physically suitable for the type, dintensity�rtr, and of use barns proposed, including access, utilities, and the absence of physical constraints, because the building on which the facility will be located ted is existing, no xpansrn or future use that the proposal would conflict with is anticipated,facility ` and the farli� will meet all development standards and distance requirements. 5, That granting the permit would not constitute injuriousa nuisane r b ror detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements vicinity the vMrnity and zone in which the property is located, because the proposed facility will not be highly visible due to the height of the building m fired to thr development in the area, and because of screening walls around the antennas. 6. That the proposed project has been reviewed inwith compliance the California Environmental Quality Act and has been determined to be t rrca l ly exempt from environmental review pursuant to Class 3 Section 15303 (New Construction or Conversion of &rail Structures), for which a Notice of Exemption will be filed subsequent to approval of this CUP. '. That the facility being located on the roof of a residential building will not impact the quality of life of building or area residents because no residential or other use of the roof occurs or will occur in the future, antennas. face away from the building and will not interact with the residential use n the property,.,, and all ether are significantly lower than the subject building, BE IT FURTHER ES LED that the application for Conditional Use Permit is s approved subject to the following conditions: General 1. This Conditional Use Permit Mauthorizesthe relocation of an existing wireless communications facility t 1320 Highland Avenue to the roof of Kimball Tower located at 1317 ' Avenue. Except as required by conditions ri of approval, all plans submitted for -permits - • • - • i• t ri•th-thy r ' t h� f}q�' 2 CUP, dated � f conformwith Exhibit A, CaseFileNo. Any2022-additional antennas or facilities t be In substantial conformanceith the design for installation tfJt�n shown on these lan, 2. Before this Conditional Use mit shall become fft« the applicant and the property owner both shall sign and have notarized an Acceptance Form,providedby the Planning Division, acknowledging and r ,. approval of this acceptingall conditions imposed upon the permit. Failure to return the .signed and notarized Acceptance Form within 30 days of its receipt shall automatically • terminate n t the Conditional Use Permit, The lint shalt also submit evidence to the satisfaction of the Planning Division that a Notice f Restriction on Real Property isrecorded �with the County Recorder. The pfrant shalt pay nos recording �fees tothe County. Thy Notice of Restriction shall provide information that conditions ' • imposed by roval of the Conditional Use Permitare ire d in on all present or future interest holders or estate holde.rs of the property. The Notice of Restriction � ftfn shalt be approved as to form by the City ttornand signed ned y the City Manager orarssl ri r to recordation. ratan. 3. Within four (4) days of approval, pursuant to Fish and Game Code 1 1 , and the CaliforniaCode of Regulations, Title 14, Section 7515,the lMnfi shall allp necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the- County Clerk and submitted rfttad 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 r in to • • proceduresspecified • �n Section 18.12.040 of the Municipal Code. Building . Plans submitted for demolition and construction' improvements shall comply with the current editions of the California Building,Electrical, 1, Plumbing, Mechanica and Fire Codes. Fire 6. Plans submitted for improvements must with �rlth the current editions of the CaliforniaFire Code (CFC), National Fire Protection Association (NFPA), and Code of Regulations(CCR). 7. The National City Fire D �rtrr�onfi shall � l involved with all fire inspections for this site. Rough inspections are required for all phasesof work. Planning 8. All appropriate and required local, state and/or dr federal permits must beobtained nddr modified prior to operation of thewirelesscommunications • • n�rn�n�t,n facility. 9. Antennas shall be screened from adjacent views• through the �-f screening walls no higher than the antennas plus one foot. Screening walls shall be textured and painted to match the architectural style and color ofexisting. . tf�building. 10. The reverse side of the screening walls, all Ltd equipment, and the antennas themselves shall be painted a neutral color that' blends with the roof color andfor the surface n which they are mounted. 1 1 . The permittee hll notco-locating� • •facilities t t additional f other communication companies and sharing the t r '' � � site, provided such shared use does not result in substantial technical or quality -of -service impairment for the permitted use. In the event a dispute arises with regard to -lati nwith other existing r potential users, the City may require third party technical study at the expense of either or both the applicant and the complaining n usr. This condition in no way obligates the City to approve anyco-location proposal if it isdetermined by the City not to be desirable in a specific case. 2. The applicant or operator shall be responsible � for the removal and disposal of any antennas, equipment r facilities that are abandoned, decommissioned, or become obsolete within six 6 months of discontinuance. BE IT FURTHER RESOLVED that copies of this Resolution transmitted forthwith to the ppli ant and to the City Council. BE IT FINALLY RESOLVED that this Resolution • on shall becomeeffective and final on the day following the City Council meeting where thePlanning Commission resolution is set for review, unless an appeal in writing fold with the City Clerkprior to 5:00 p.m, on the day of that City Council me ` tin The Cty Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This ifithat the Resolution was d oft the Planning Commssion at their meeting of February 7, 2022, the foUowing�vote: AYES: Sendt, Sanchez, D la Paz, Nate i a ate} Valenzuela, Roman NAYS: None. ABSENT: None. ABSTAIN: Nona.