HomeMy WebLinkAbout2022 CON Notice of Restriction - 1616-1628 M AvenueRECORDING RJ)ING E ESTE BY.
Property Owner's Name
ProperlyOwner's ignature
f-VIIEN RECORDEDMAIL TO:
Planning Division
City of National City:
1243 National City Boulevard
National City, CA 1 0
Address:
Property Owner:
Assessor's Parcel #
NOTICE OF RESTRICTION ON REAL PROPERTY:
:
16 1 6-1628 M Avenue
Jorge Eduardo Rivera, Carlo Fernando Rivera, and Monica Cespedes-Ampudia
561-090-18
The real properly located in the City of National City, County oSan Diego, State of California described as
follows:
See attached Exhibit
is restricted by conditions of approval of Planning Commission Resolution No. 2022-01 issued by the City of
National City. The obligations and restrictions imposed by Planning_ Commission Resolution No. 0 -01
approving the Conditional Use Permit (2021-22 LS) are binding on all present or future interest holders or estate
holders of the property. A copy of Planning Commission Resolution No. 022. 1 is on file with the National Cite
Planning Division (See attached Exhibit "B").
Dated: March 23,
2022
BRAD R LJ LSTCAN
City Manager-, City of National City
APPROVED AS TO FOR
eff,
CHARLES E. BELL JR
City Attorney, City o tonal City
Exhibit "A"
LEGAL DESCRIPTION
The westerly half of the westerly half of the northerly half of the northerly half of 40 acre.
Lot 1 in quarter Section 133 of Rancho De La Nacion, in the City of National City, County
of San Diego, State of California, according to Mar th r f No. 166, by Merrill, filed in the
office of the County Recorder of San Diego County, May I I , 1 6 . .
Excepting ' therefrom, the southerly 90.00 feet; the westerly 165.00 feet; the northerly
MOO feet; and that portion of the easterly 25.00 feet lying northerly of the northerly line
of the southerly 100.00 feet thereof.
Also excepting therefrom, that portion described as follows:
Commencing at the northeasterly corner of said westerly half of the westerly half of the
northerly half of the northerly -half of 40 acre Lot I; thence parallel with the westerly line
of said lot, • .south 9° ' " east, 30.00 feet; thence parallel with the northerly line of said
Lot 1, south 7 ° ' " west, 25.00 feet to the true point of beginning; thence continuing
along said parallel line, south ° ' " west, 50.00 feet; thence at right angles, south
.19'00'00" east, 100.00 feet; thence at right angles, s, north 1 ° ' " east, 50.00 feet; then
at right angles, north 19° ' " west, 100.00 feet to the true point of beginning,
Exhibit" "
RESOLUTION2 2- 1
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF NATIONAL CITY, CALIFORNIA,
MAKING A FINDING OF NO SIGNIFICANT IMPACT FOR A TENTATIVE PARCEL
MAP FOR THE SUBDIVISION OF ONE LOT INTO FOUR
LOCATED AT 1616 `M' AVENUE WITH EXCEPTIONS
FOR LESS THAN REQUIRED LOT WIDTH AND MINIMUM LOT SIZE
CASE FILE NO. 2021-22 LS
APN: 561-090-18
WHEREAS, the Planning Commission of the City of National City considered a
Tentative Parcel Map for the subdivision of one lot into four at 1616 ' ' Avenue with
exceptions for less than required lot width and minimum lot size at a duly advertised
public hearing held on February 7, 2022, at which time oral and documentary evidence
was presented; and,
WHEREAS, at said public hearings the Planning Commiss[on considered the
staff report contained in Case File No. 2O21-22 LS maintained d by the City and
incorporated herein by reference along with evidence and testimony at said hearing;
and,
WHEREAS, E ►S, this action is taken pursuant to all applicable procedures required by
State law and City law; and,
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission f the City
of National City, California, that the testimony and evidence presented to the Planning
Commission at public hearing held on February 7, 2022, support the following findings
for certification of the Negative Declaration:
1. The proposed project has been reviewed in compliance with CEQA for which a
Negative Declaration (ND) has been prepared, The ND has determined that the
proposed project could not have significant effect on the environment
NOW, , THEREFORE, BE iT RESOLVED by the Planning Commission f the City
of National City, California, that the testimony and evidence presented to the Planning
Commission at public hearing held on February 7, 2022, support the following findings
for approval of the Tentative Parcel Map:
1. The proposed map is consistent with the National City General Plan because the
proposed single-family subdivision, at a density of 7.1 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.
2. The site is physically suitable for the proposed type of development because
additional single-family homes with ADUs can be located on level building pads on
the site with a minor amount of grading.
3. The site is physically suitable for the proposed density of development because
the proposed parcels can accommodate odat single family residences with suitable
yard areas and still meet prescribed recommended density for the area
4. The design of the subdivision and the proposed improvements are not likely to
cause substantial environmental damage or substantially and avoidably injure fish
or wildlife or their habitat because there is no natural habitat or body of water.
present nearby or on -site. The property 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 because all necessary public
services will be provided, as required by approvals required for new construction.
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 because existing easements will be
maintained and not be encroached upon.
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(commencing
with Section 13000) of the Water Code, as specified by Government Code Section
474. because discharge of sewerage waste will be addressed through a sewer
permit} which is required as part of construction of a future home.
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 because the project will provide an additional homeownership
opportunity, which is consistent with and encouraged by the City's Housing
Element. . .
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 reuirements without requiring reduction in allowable density or
lot coverage because all new construction proposed in the future will be in
compliance with the California Building Code, which takes such factors in .to
consideration.
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 four 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. 2021-22
LS, dated 8/30/2021. No construction or demolition is approved as part of this
approval.
2. Before this Tentative Parcel Map shall become effective, the applicant and/or property
owner shall sign and have notarized an Acceptance Fora, 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 3 .
days of its receipt shall automatically terminate the Ten a i e Parcel Map. The
applicant shall also submit evidence to the satisfaction of the Community
Development 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 Community Development 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.
Fngineering
4. SITE PLAN REQUIREMENTS
.
1 Tentative Parcel Map Checklist
a. Fora and Content
i Scale: 1" = 100' (lcm = 1 om minimum with north arrow
ii. Title: Tentative Parcel Map
Hi. Legal description: Sufficient to define map boundaries
iv. Tax Assessor's Parcel Number(s)
v. owner's name, address, telephone number and _signature
vi. Civil engineer's or land surveyor's name, address,IdgEhone number
and registration or license number
vii. Method of sewage disposal -- sewer laterals shall be 6-inch minimum.
.
viii. Reference to topographic source
ix. Grading — statement if no grading proposed
x. Date of preparation and number and dates of any revision
b. Map Data
i. North arrow with scale (rein, 1" = 100')
ii. Boundaries
1. Fully dimensioned
2. Proposed as solid lines, existing as dashed lines
Utilities
1. Sewer — location, size, type, depth manholes
2. Water — location, size, type
3. Gas — location, size
4. Electrical, telephone, cable, TV lines .— location, size, type,
poles, overhead or underground
5. Water courses — widths, directions of flow
6, Contours — maximum um 5' 2 interval
7. Easements — location, purpose, size, public or private
iv. Proposed
1. Sidewalks, curbs and gutters, driveways
2. Sewers — location, size, type, manholes
3. Drainage facilities
4. Removal or relocation of existing buildings and location of
any proposed buildings
5. Removal of existing trees
6. Grading — degree of slope, benches, retaining wails, pad
elevations
', Easements — location, purpose, size, public or private
5. STORM WATER REQUIREMENTS
1. A Hydrology study (100 year flood) is required for the new project. The study
should consider the proposed project area to the closest municipal storm 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.
2. The Storm Water BIM Requirements ents Applicability Form 1-1 and if required I-2
checklist for the National Pollutant Discharge Elimination System (NPDES) ES is
required to be completed and ,submitted to the Engineering Department. The
checklist will be required when a project site is submitted for review of the City
Departments. The checklist is available at the Engineering Division web site at
the link below *. If it is determined that the project is subject to the `Priority
Project Permanent nt Storm Water BIVIP Requirements" and the City of National
City Storm Water Best Management Practices of the Jurisdictional Urban Runoff
Management Program JUMP approved Standard Urban Storm Water
Mitigation Plan (SUSMP) documentation will be required prior to issuance of :an
applicable engineering permit. The SUSMP shall be prepared by a Registered
Civil Engineer,
*http:www.rtionlcityc.city-governrenterineering-public-
wor s/engineering-division/online-servi es -forms -fees.
3. The Best Management ent Practices (BMPs) for the maintenance of the proposed.
construction shall be undertaken in accordance with the National Pollutant
Discharge Elimination System (NPDES) ES 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.
. All surface run-off shall be treated with an approved Standard Urban Runoff
Mitigation Plan (SUSMP) Best Management Practice (BMP) for all Priority
SU SM P projects. No runoff will be permitted to flow over the sidewalk. Adjacent
properties shall be protected from surface run-off resulting • from this
development.
5. All existing and proposed curb inlet on property shall be provided with a "No
Dumping" signage in accordance with the NPDES program.
6. A National Pollutant Discharge Elimination System (NPDES) permit is required
for discharges of storm water runoff associated with construction greater than 1
acre activity where clearing, grading, and excavation results i.n a land
disturbance. A construction storm water permit shall be obtained from the
Regional Water Quality Control Board. A copy of shall be given to the City of
National City Engineering Department prior to any work beginning on the project.
7. A Notice of Intent ll shall be filed with the Regional Water Quality Control
Board QC .
8. industrial facilities shall comply with NPDES regulations. .A Storm Water
Pollution Prevention plan shall be prepared and submitted to the Engineering
Department for approval. The facility shalt satisfy the sampling and monitoring
requirements of the NPDES regulations.
. A hydromodification plan or a letter sealed and signed by the Engineer of Work
explaining why the project is exempt from hydrorodification requirements shall
be submitted.
6. ENGINEERING LAND DEVELOPMENT REQUIREMENTS
1. 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 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. A check list for
preparation of the grading plan/drainage plan is available at the Engineering
Department.
2. A sewer permit will be required. 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 6 inch in size with a clean out. A sewer stamp "S" shall be
provided on the curb to mark the location of the lateral.
3. Separate street and sewer plans prepared by Registered Civil Engineer, shall be..
submitted showing all of the existing and proposed improvements. The plans
shall be in accordance with City requirements.
4. A soi[s engineering report shall be submitted for the Engineering Department's
review, after Planning Commission approval. The report shall address the
stability of all of the existing and proposed slopes on the. property. It shall also
address the adequacy of the building pads, the criteria for any new retaining wall
design, the maximum allowable soil bearing pressure and the required pavement
structural sections for the proposed streets, the parking areas, and the
driveways. As a minimum, the parking lot pavement sections shall . e 2 inch KC.:.
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.
5. A title report shall be submitted to the Engineering Department, after the
Planning Commission approval, for review of all existing easements and the
ownership at the property.
.. All NEW dwellings are subject to Development Impact Fee according to the
current fee schedule at the time of Permit issuance. This includes new homes,
condos and apartments.
. 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.
. All proposed ADU units must comply with the City's current guidelines and
requirements.
. RIGHT OF WAY REQUIREMENTS
1 The property owner, or its successors and assigns shall be responsible for the
maintenance, repair, or reconstruction of all irrigation and landscaping
improvements installed within the public right-of-way. Sprinkler heads shall be
adjusted so as to prevent overspray upon the public sidewalk or the street. The
proposed sprinkler heads shall be installed behind the sidewalk, and the
irrigation mainline upon private property only, as required by the City. The
property owner or, its successors or assigns, shall be remove and relocate all
irrigation items from the public right-of-way at no cost to the City, and within a
reasonable time frame upon a written notification by the City Engineer.
2. Metallic identification tape shall be placed between the bottom layer of the
finished surface and the top of all irrigation lines in the public right-of-way.
3. The deteriorated portions of the existing street improvements along the property
frontages shall be removed and replaced. Specifically the sidewalk adjacent to
the property on E. 1 th Street.
. Street pavement repair will be required. The work shall be as follows: M Avenue
from the edge of the driveway connection to E. 1 th Street and south end of
street adjacent to proposed Lot I. .
. The existing street improvements along the property frontage(s) shall be kept
free from weed growth by the use of special weed killers, . or other approved
methods.
. All existing survey monuments, including any benchmark, within the boundaries
of the project shall be shown on the plans. If disturbed, a licensed land surveyor
or civil engineer shall restore them after completion of the work. A Comer
Record shall be filed with the County of San Diego Recorder. A copy of the
documents filed shall be given to the City of National City Engineering
Department as soon as filed.
7. The driveway on E. 1 th Street to access Lots 1 & 2 shall be an alley entrance
type driveway with pedestrian ramps.
8. 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.
9. Street improvements shall be in accordance with the City Standards. All •missing
street improvements shall be constructed. Abandoned driveway aprons shall be
replaced with curb, gutter, and sidewalks.
8. FINAL PARCEL MAP REQUIREMENTS
1. The final parcel map shall meet all of the requirements of the Subdivision. Map
Act, and the City of National City Municipal Codes including certification,
acknowledgement, ent, complete boundary information and mon r+nentation.
2. The developer shall submit to the Fire Department a letter from Sweetwater
Authority stating existing fire flow. If determined by the Fire Department that
additional improvements are needed, the developer shall enter into an
agreement for the water improvements with the Sweetwater Authority prior to
obtaining the final map approval,
3. Separate water and sewer laterals shall be provided to each lot/parcel.
4. The developer shall bond for the monurntation, 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 parcel map.
.. The creation of an easement for ingress and egress to and from parcel/lot
1 and 2 across parcel/lot 1 and 2 from "M" Avenue will . be required. The.
easement shall be created on the final parcel map. A driveway maintenance:
agreement between both parcel/lot owners shall be executed
6. SUSMP documentation must be submitted and approved.
.. All utility service facilities to the parcels of the new parcel map, shall be placed
underground.
. The final parcel map shall be recorded prior to issuance of any building permit.
9. All new property line survey monuments shall be set on private property, unless
otherwise approved.
1 o.The parcel 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 parcel map. Two measured ties from the boundary of the
property to existing horizontal control stations shall be shown.
Fire
. Project shall be designed to code.
1 o. The National City Fire Department utilizes all current codes and ordinances.
Currently, we are using the current editions of NFPA, , GFC and the current edition of
the OCR.
11. Fire sprinkler shall be evaluated and installed for all four new units as required per
code.
12. Existing units located to rear (south) of property will remain as indicated..
However, if any of these change from existing status, future developer will be
required to reach out to the National City Fire Department for direction prior to
change.
13.The required width of emergency fire apparatus access: roads shall not be
obstructed in any manner, including parking of vehicles. All access roads shall be
no less than 20 feet wide, no less than 14 feet high and shall have an all weathered
road with the ability to support 75 thousand pounds or greater. Where a fire hydrant
is located on a fire apparatus road, the minimum road width shall be 26 feet. A 28
foot turning radius is required for fire department access through site. All fire
department access roads shall be painted and signed to prevent parking in these
required designated emergency areas(Engineering Department).
14. Parking shall not impact requirements of turn -around provision or roadway atany
time if required.
15.Approved signs or other approved notices or markings (Red Curb) that include NO
PARKING — FIRE LANE shall be provided for fire apparatus access roads to identify
such roads or prohibit the obstruction thereof. The means by which fire lanes are
designed shall be maintained in a clean and legible condition at all tines and be
replaced or repaired when necessary to provide adequate visibility. All projects shall
be evaluated for this necessary application.
1 .The fire code official shall have the authority to require or permit modifications to the
required access widths where they are inadequate for fire rescue operations or
where necessary to meet the public safety objectives of the jurisdiction,
17.1f entrance/exit gates are used, they shall be equipped with Knox. Box and
Emergency Strobes so as to provide emergency vehicle access and egress, A Knox
Key Switch shall be required in conjunction with strobe for emergency access, and
shall be placed at front of property. Please contact the National City Fire
Department for exact field location.
1 .Approved vehicle access for firefighting shall be provided to all construction and
demolition sites, Vehicle access shall be provided to within 100 feet of construction.
19.Where here there is conflict between a general requirement and a specific requirement,
the specific requirement shall be applicable. Where, in a specific case, different
sections of this code specify different materials, methods of construction or other
requirements, the most restrictive shall govern.
Sweetwater Authority
20. Show size of proposed water service laterals and meters, Based on proposed fixture
counts, a minimum 1-inch service with a 1-inch meter is required to serve each parcel.
The private water supply pipeline, from the meter to the dwellings, shall be a minimum .
1-1/4 inches.
21, The water service lateral and meter to serve Lots 3 and 4 are proposed to serve three
units and shall include an Authority approved lead-free backflow preventer set on
private property at the edge of the right-of-way.
22. If fire protection is required for Lots 3 and 4, a water service lateral dedicated for fire
protection with an Authority approved lead-free backflow preventer for each lot will
be required. Revise the plans, if applicable.
23.Water service laterals shall be located to maintain a minimum of ten 10 feet • f
horizontal separation from sewer laterals and five feet of separation from storm
drains and storm facilities. The clearance is measured from edge to edge of the
facilities.
24.Water service laterals shall be located to maintain a minimum of five feet of
parallel horizontal separation from gas and dry utilities, and the water meter and
water appurtenances shall be placed no : closer than three 3 feet from dry utilities
on the TPM.
25. Please provide a letter from the National City Fire Department that indicates the fire
protection requirements for the project. This must be provided prior to approval of
the TPM,
26.Water ater facilities shall be designed and installed in accordance with the current
Sweetwater Authority Design Standards and the Standard Specifications for
Construction of Water Facilities.
27. Plot all existing utilities in accordance with the record drawing information provided
by each utility. Water meter boxes shall be placed three 3 feet from the edge of the
driveway aprons and six feet from driveways.
28. If any proposed improvements nts are in conflict with existing water facilities, which will
require the water facilities to be abandoned andor:relocatd, that abandonment
and/or relocation shall be separately approved and completed prior to the
recordation of the parcel map.
29.AII proposed water services and meters must be designed, approved, and
constructed prior to the recordation of the parcel map. • .
30. n approved back flow prevention assembly is required for water services serving..
residential fire sprinklers and parcels with more than two 2 units,
31. All fees and deposits necessary to perform Authority facility work is due within two
(2) weeks of National City permit issuance. .
32. This property is most likely encumbered by an Authority blanket easement. The
Authority recommends that the owner request a quitclaim of the easement by the
Authority prior to parcel map recordation. By quitclaiming the easement, both parcel
titles will be free of the easement blanket encumbrance, and the Letter of omission
requirements will be eliminated. Quitclaims require approval of the Authority's
Governing Board. The Authority's fee for such a request is $800. If the owner.
chooses not to have the Authority quitclaim the blanket easement, the owner must
submit a written request to the Authority for a Letter or Omissions. .
Plannin .
33,Plan,s. submitted for construction shall be conformance with all applicable
development codes, including design, parking, and landscaping,
BE IT FURTHER RESOLVED that the Planning Commission has considered the
proposed: Negative Declaration No. 2021-22 LS and finds on the basis of the whole
record (including the Initial Study) that the proposed project could not have a significant
effect on the environment and a Negative Declaration reflects the City's independent
judgmerit and analysis, and hereby approves the Negative Declaration and authorizes
the filing of a Notice of Determination.
BE IT FURTHER RESOLVED that copie 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 .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 f
February 7, 2022, by the followhig vote:
AYES: Sendt, Sanchez, Roman, Valenzuela
NAYS: Yarn, Natividad, Dela Paz
ABSENT: None.
ABSTAIN: None.
CHAIRPERSON