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HomeMy WebLinkAbout1998 08-25 CC AGENDA PKTL AGENDA OF A REGULAR MEETING NATIONAL CITY CITY COUNCIL COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD REGULAR MEETING - TUESDAY - AUGUST 25, 1998 - 6:00 P.M. OPEN TO THE PUBLIC PLEASE COMPLETE A REQUEST TO SPEAK FORM PRIOR TO THE COMMENCEMENT OF THE MEETING AND SUBMIT IT TO THE CITY CLERK IT IS THE INTENTION OF YOUR CITY COUNCIL TO BE RECEPTIVE TO YOUR CONCERNS IN THIS COMMUNITY. YOUR PARTICIPATION IN LOCAL GOVERNMENT WILL ASSURE A RESPONSIBLE AND EFFICIENT CITY OF NATIONAL CITY. WE INVITE YOU TO BRING TO THE ATTENTION OF THE CITY MANAGER ANY MATTER THAT YOU DESIRE THE CITY COUNCIL TO CONSIDER. WE THANK YOU FOR YOUR PRESENCE AND WISH YOU TO KNOW THAT WE APPRECIATE YOUR INVOLVEMENT. ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG BY CITY MANAGER, TOM G. MCCABE. INVOCATION APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF AUGUST 18, 1998. COUNCIL AGENDA 8/25/98 Page 2 INTERVIEWS/APPOINTMENTS Senior Citizens Advisory Board - Reappointments PUBLIC HEARINGS 1. Public Hearing - Appeal of the Planning Commission's denial of a Conditional Use Permit application for an indoor bazaar within an existing commercial building at 1320 Highland Avenue. Applicant: Kye Chuan Chu. Case File No. CUP-1998-5. (Planning) 2. Public Hearing - Police Department request for Local Law Enforcement Block Grant Funds. **See Item #3** (Police) NON CONSENT RESOLUTION 3. Resolution No. 98-104 Resolution of the City Council of the City of National City authorizing appropriation of FY 1997/98 Local Law Enforcement Block Grant Funds to the Police Department for purchase of an integrated Computer Aided Dispatch and Records Management System (CAD/RMS). ""See Item #2** (Police) NEW BUSINESS 4. WARRANT REGISTER #7 (Finance) Ratification of Demands in the amount of $542,880.69. Certification of Payroll in the amount of $505,055.72. COUNCIL AGENDA 8/25/98 Page 3 NEW BUSINESS (Cont.) 5. Report on use of commercial areas by non-profit organizations for outdoor sales. (City Attorney) 6. Notice of Decision - Conditional Use Permit for use of existing commercial space (701 National City Boulevard) as a satellite campus for higher education. Applicant: Southwestern College. Case File No. CUP-1998-7. (Planning) —> CITY MANAGER - > CITY ATTORNEY —> OTHER STAFF - MAYOR —> CITY COUNCIL PUBLIC ORAL COMMUNICATIONS (Five -Minute Time Limit) NOTE: Pursuant to State Law, items requiring Council action must be brought back on a subsequent Council agenda unless they are of a demonstrated emergency or urgent nature. COUNCIL AGENDA 8/25/98 Page 4 NEW BUSINESS (Cont.) CLOSED SESSION CONFERENCE WITH LABOR NEGOTIATOR - Government Code Section 54957.6. Agency Negotiator: Personnel Director Employee Organization: Firefighters' Association ADJOURNMENT Next Regular City Council Meeting — September 1, 1998 — 3:00 p.m. - Council Chambers, Civic Center. TAPE RECORDINGS OF EACH CITY COUNCIL MEETING ARE AVAILABLE FOR SALE AND TO LISTEN TO IN THE CITY CLERK'S OFFICE Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4230 George H. Waters - Mayor AUGUST 13, 1998 TO: COUNCILMEMBERS FROM: MAYOR GEORGE H. WATERS SUBJECT: SENIOR CITIZENS ADVISORY BOARD Please be advised that Mr. Alfred Hlawatsch term on the Senior Citizens Advisory Board expires on August 31, 1998. Mr. Hlawatsch has served three terms on the Senior Citizens Advisory Board and is requesting consideration for reappointment. If there are no objections, I recommend we reappoint Mr. Hlawatsch for a term ending August 31, 2000—will require 3/4ths vote. This item will be placed on the Council Agenda for the meeting of August 25, 1998. AL/t/;6. GEORGE H. WATERS Mayor GHW:nu CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMISSIONS PURPOSE AND INTENT: it is the purpose and intent of this form to provide the City Council with as much background information as possible on those persons wing to serve on any of the Boards and Commissions of the City of National City. Please note: This application will be kept on tile and under consideration for one (1) year from the date it is submitted. PLEASE CHECK THE BOARD OR COMMISSION FOR WHICH YOU ARE APPLYING (You May Apply for More than One) Building Advisory & Appeals Board Civil Service Commission Senior Citizens Advisory Board Parks & Recreation Advisory Board Serra Library Systems Boa Street Tree & Parkway Comm Project Area Committee Student Commissioner Comm' Name: (Last) kLAWATIS - Planning Commission Port Commission Traffic Safety Committee Library Board of Trustees '=Sweetwater Authority "se s " ' `'San Diego County Water Authority - Housing & Community Development Committee ALizRe 0 J. Birth Date ,3--3 i (First) (Optional) Home Address: I 3 9 E k'S7 v Telephone: Residence ( "l - ) Business/Work ( Q-C NUMBER OF YEARS YOU HAVE LIVED IN: CALIFORNIA? SAN DIEGO COUNTY? i91i3 i/ NATIONAL CITY? i% ARE YOU A REGISTERED VOTER: YES ✓ NO ) Colleges attended and degrees held, if any: D P L _ N (2,.. Related Professional or Civic Experience: PLEASE INDICATE BELOW ANY FURTHER INFORMATION THAT WILL BE OF VALUE REGARDING YOUR SERVICE ON THE ABOVE NAMED BOARDS, COMMITTEES OR COMMISSIONS: DATE: 2 - \ \ YOUR SIGNATURE RETURN COMPLETED FORM TO: THE CITY COUNCIL OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD, NATIONAL CITY, CA 91950 a Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4230 George H. Waters - Mayor AUGUST 11, 1998 TO: COUNCILMEMBERS FROM: MAYOR GEORGE H. WATERS SUBJECT: SENIOR CITIZENS ADVISORY BOARD Please be advised that Mr. Raymond Spann's term on the Senior Citizens Advisory Board expires on August 31, 1998. Mr. Spann has served five terms on the Senior Citizens Advisory Board and is requesting consideration for reappointment. If there are no objections, I recommend we reappoint Mr. Spann for a term ending August 31, 2000—will require 3/4ths vote. This item will be placed on the Council Agenda for the meeting of August 25, 1998. GEORGE H. WATERS Mayor GHW:nu CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMISSIONS PURPOSE AND INTENT: It is the purpose and intent of this form to provide the City Council with as much background information as possible on those persons willing to serve on any of the Boards and Commissions of the City of National City. Pleaca note: This application will be kept on file and under consideration for one (1) year from the date it is submitted. PLEASE CHECK THE BOARD OR COMMISSION FOR WHICH YOU ARE APPLYING (You May Apply for More than One) Building Advisory & Appeals Board Civil Service Commission Senior Citizens Advisory Board V Parks & Recreation Advisory Board Serra Library Systems Board Street Tree & Parkway Committee Project Area Committee Student Commissioner Planning Commission Port Commission Traffic Safety Committee Library Board of Trustees Sweetwater Authority San Diego County Water Authority Housing & Community Development Committee Name: PA A/^/ (Last) (First) Home Address: 3 d�4==. 7 '1).., _&-ry is R S f Telephone: Residence ( i9) 1179'. ?l,`?La ) BusinessiWork( NUMBER OF YEARS YOU HAVE LIVED IN: CALIFORNIA? Gvu SAN DIEGO COUNTY? ty14 NATIONAL CITY? ARE YOU A REGISTERED VOTER: YES Birth Date i //i (Op tonal) NO J STUDS: T= VFI ISSION sPP CAI '1'S:a fxade Colleges attended and degrees held, if any: Related Professional or Civic Experience: z-(. , 7rj,p�c 4 f PLEASE INDICATE BELOW ANY FURTHER INFORMATION THAT WILL BE OF VALUE REGARDING YOUR SERVICE ON THE ABOVE NAMED BOARDS, COMMITTEES OR COMMISSIONS: DATE: / j O /74 YOUR SIGNATURE J U RETURN COMPLETED FORM TO: THE CITY COUNCIL OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD, NATIONAL CITY, CA 91950 Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4230 George H. Waters - Mayor AUGUST 11, 1998 TO: COUNCILMEMBERS FROM: MAYOR GEORGE H. WATERS SUBJECT: SENIOR CITIZENS ADVISORY BOARD Please be advised that Ms. Louise Barchus term on the Senior Citizens Advisory Board expires on August 31, 1998. Ms. Barchus has served four terms on the Senior Citizens Advisory Board and is requesting consideration for reappointment. If there are no objections, I recommend we reappoint Ms. Barchus for a term ending August 31, 2000—will require 3/4ths vote. This item will be placed on the Council Agenda for the meeting of August 25, 1998. GEORG H. WATERS Mayor GHW:nu CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMISSIONS PURPOSE AND INTENT: It is the purpose and intent of this form to provide the City Council with as much background information as possible on those persons wiling to serve on any of the Boards and Commissions of the City of National City. PlPaca note: This application will be kept on file and under consideration for one (1) year from the date it is submitted. PLEASE CHECK THE BOARD OR COMMISSION FOR WHICH YOU ARE APPLYING (You May Apply for More than One) Building Advisory & Appeals Board Civil Service Commission Senior Citizens Advisory Board s,, Parks & Retreat onAdvisory J3oard` Serra LibraySystemsBoard Street Tree & Parkway Committee ` r.`. Project Area Committee Student Commissioner r<„* A Name: U 5 (Last) Home Address: Planning Commission Port Commission Traffic Safety Committee Library Board of Trustees Sweetwater Authority San Diego County Water Authority Housing & Community Development Committee Lvv IS' Birth Date 4/;.9/l? (;,1. (First) (Optional) t o- 3 e 3' FU rz f Telephone: Residence ( 7 7 -7 $ L 7' ) BusinessiWork ( NUMBER OF YEARS YOU HAVE LIVED IN: CALIFORNIA? '7O SAN DIEGO COUNTY? 7fl NATIONAL CITY? %d ARE YOU A REGISTERED VOTER: YES )e., NO $FtIOEi T:::e s itd tOfWi ICAO Nta Grade Colleges attended and degrees held, if any: Related Professional or Civic Experience: PLEASE INDICATE BELOW ANY FURTHER INFORMATION THAT WILL. BE OF VALUE REGARDING YOUR SERVICE ON THE ABOVE NAMED BOARDS, COMMITTEES OR COMMISSIONS: P /. DATE: 5?Ilq/4 4 a YOUR SIGNATURE RETURN COMPLETED FORM TO: THE CITY COUNCIL CF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD, NATIONAL CITY, CA 91950 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 25, 1998 AGENDA ITEM NO 1 ITEM TITLE PUBLIC HEARING - APPEAL OF THE PLANNING COMMISSION'S DENIAL OF A CONDITIONAL USE PERMIT APPLICATION FOR AN INDOOR BAZAAR WITHIN AN EXISTING COMMERCIAL BUILDING AT 1320 HIGHLAND AVENUE. APPLICANT: KYE CHUAN CHU CASE FILE NO. CUP-1998-5 PREPARED BY DEPARTMENT R. Santos - Assistant Planner Planning EXPLANATION. The applicant proposes to operate an indoor bazaar, a use permitted only with a CUP in the CG Zone. As shown in the attached floor plan, the project would involve the installation of five-foot tall interior partitions as a means to divide the floor area into individual retail spaces. Each of these spaces would be rented to independent retailers of miscellaneous merchandise. The store is intended to accommodate approximately 25 vendors and would operate from 10:00 am to 8:00 p.m. Monday -Saturday, and 10:00 p.m. to 6:00 p.m. on Sundays. On August 3, 1998, following a public hearing on the matter held July 20, the Planning Commission unanimously adopted a resolution denying CUP-1998-5. The applicant filed an appeal on August 4, 1998, asserting a right to own and operate a business and that the basis for denial is unsubstantiated. The appeal letter also states that the proposed use will benefit the community. Additional information regarding the proposal is provided in the attached background report. Environmental Review Financial Statement N/A N/A Account No StartTconcurswanFF the he ATon of the the appeal. Planning Commission and recommends that the City Council deny BOARD/COMMISSION RECOMMENDATION The Planning Commission voted to deny the application. Vote: Ayes: unanimous TTACHMENTS ( Listed 1. Background IZeport 2. Letter of Appeal Location Map Below) 4. Recommended Findings 5. Recommended Conditions 6. P.C. Resolution ResolutioNo. roperty owner s Letter 8. Application 9. Appellant's Plans J BACKGROUND The proposed use would be housed within an existing 25.250 square -foot commercial building, located immediately south of the Fedco shopping center at 1320 Highland Avenue. This building has been vacant since the previous occupant. a Lucky Market, closed in June 1997. Commercial uses, including those within the Fedco center and those in the South Bay Plaza. exist to the north and east. The latter includes Price Breakers, an existing indoor bazaar use. Areas south of the subject site, across E. 14th Street, are developed with multi -family residential uses, and commercial uses fronting on Highland Avenue. To the west, across "F" Avenue and Kimble Way, are areas with both multi -family and single-family dwellings. A sufficient number of parking spaces (256) are provided on site to accommodate the proposed use in conformance with the Land Use Code. Seventy-seven parking spaces in excess of that required for the shopping center are provided. At the hearing, the Commission expressed concern over the potential for an over -concentration of similar uses in the vicinity and in the City at large, noting the existence of Price Breakers, the City's outdoor swap meet, and the recent proliferation of 99-cent stores in the City. These concerns were echoed by a resident who spoke in opposition to the project. The Commission also determined that approval of the proposed use would be contrary to General Plan policies which encourage high -quality retail business development, seek to improve the diversity and quality of the City's economic environment, and promote preservation and strengthening of existing commercial uses. This determination was made following consideration of a staff report which characterized the type of commercial uses operating within indoor bazaars as typically similar to those within an outdoor swap meet. These facilities often provide a wide array of bargain products, of a quality below what might generally be expected at a single -tenant department store. There is also an inherent degree of instability associated with these types of facilities in that they sometimes accommodate marginally profitable businesses. Such businesses often lack the wherewithal to guarantee the products they sell and may fail to provide accountability. This presents a certain degree of risk to the consumer. Also. concerns were expressed related to expected management problems and compliance with conditions. These were based on information regarding a March 15 visit to the site by staff. On this date. the proposed bazaar use was found in operation. despite staff having explicitly and repeatedly advised the applicant that operating such a use prior to issuance of the required CUP is a violation of the Municipal Code. During this visit. numerous merchants stationed at their respective stalls were observed. each exhibiting a wide array of for -sale merchandise. Significant tenant improvement work had also been completed by this time, including the installation of counters and partition walls in areas throughout the building. Moreover. each of the more than ten tenants doing business on the day staff visited the site were operating without the required City business license. Mr. Chu was instructed to cease operations immediately. This followed the recent issuance of a business license to the applicant for a single -tenant general merchandise store. a use permitted by right in the zone. Mr. Chu advised staff that he intended to open this business. ,-Highland Mart—). in the interim processing period for the requested CUP. and that he would continue to operate it if his CUP reauest is denied. The proposed facility requires adequate management to ensure smooth and successful operations. There is significant potential for violations to occur. due to the number and volatility of tenants which may or may not be familiar with City codes and regulations. A good -faith relationship between the operators of such a use and the City is particularly desirable. If the CUP were approved. it would authorize multi -vendor use of the building only in substantial conformance with the configuration shown on the proposed plans. and only those uses permitted by right in the CG Zone. In order to avoid any potential unsightly and/or incompatible display of signs related to the various vendors operating within the building, a recommended condition of approval would limit the number of signs to one primary identification sign, and one small sign (under 25 sq. ft.) on each wall. Also. two pole signs exist on site, one of which relates to the subject building. Permits to install one channel letter wall sign and to re -face an existing freestanding cabinet sign were recently issued to Mr. Chu. The signs were approved with the understanding that they would correspond with the single -tenant "Highland Mart" business mentioned above. No additional signs are proposed at this time. Other recommended conditions for possible approval would restrict hours of operation to those proposed: 10:00 a.m. to 3:00 p.m. Monday through Saturday and 10:00 a.m. to 6:00 p.m. on Sundays. The sale of used merchandise would also be prohibited. A letter from the subject property owner, Ernest Peterson. was received on August 17. The letter. provided as an attachment. states an objection to recommended condition of approval number 13. The condition would require that the driveway providing access between the subject property and the Fedco shopping center property be made accessible if and when such access is made feasible by improvements on the Fedco property. Hivhiand Mart v August 19g8 To Whom It May Concern: Na00Cal C.:v. :„ NATIONAL CITY A PLANNING DEPARTMENT Mj���1998 TO, 'ti IJ�t VI Ki�i:�L .. I am writing for an appeal to the City Council of National C;ty concerning the decision mace by the Planning Commission on Case File Number CUP-1998-5. I sincerely find the reasons beninc the denial of a conditional use permit at 1320 Highland Avenue to be unsucstantiai. These reasons. the city nas enough of this type of business' (Commissioner Martinelli) and 'this is not that type of ,higr- quality] business' (Commissioner C-odsnaik), are stereotypical as a result of the proposed center at the above address being referred to as a 'bazaar.' Just because this building will be used as a bazaar does not mean that inferrer quality prceucts will be scud in a .run-down atmcspnere. I intend to ease to vendors who sell quality goods and services at a reascnacie pnca. It has been said that ''The city has enough of this type of business.' This has been said from the standccint of people who earn a larger income than the average National City resident. The truth is. there are not enough businesses in National City which,, provide decendacie products at affordaple paces. and I intend to 'help contribute to the City by doing just that. In addition to the commercial impact. this business will significantly ccntncute to employment in National Gty. All benefits of the proposed center aside. it is my right to own and operate a business. especially i It is within iegai and ethical standards. How many residents of National City have approved of the''C-erer'ai Plan' or have even seen ate plan? I fully intend to get my business up and running, and the vote of five ap,ccinred commissioners who might not directly benefit from my business will not stop me from egaily pursuing this matter. My ease payment is up. anc ! wcuid sincerely appreciate t if a scnecule care for an acceal was excedited to the Clty Council_ Time '.s of the essence on my !ease agreement. SincefC:y Kye C,huan Chu Applicant _ MB N — ^ „9 I JERI RM-2-PD ./T RM-3-PD FE CC SHOPPING CENT CG Gih a��i�l�����mann 1 RM-1 IRM-3-PD�1�� D -1 RS-3-PD _I 1 s 0- -PD L1. ' .OS CG 'JJCE RS INCCOR /99 j C LI a ino RS-2 IL 8 F_I 1 .ga ■ '6 .Ap. .z -as -.0_ SUBJECT SHOPPING CENTER PROPOSE SA:1,AR ws ZONE BOUNDARY LOCATION MAP 1220 HIGHLAND AVENUE CUF- 9 8 N A T I O N A L CITY PLANNINS RECOMMENDED FINDINGS FOR DENIAL That the proposed use will have an adverse effect on adjacent or abutting properties in that it fails to support General Plan policies which encourage high -quality retail business development. seek to improve the diversity and quality of the City's economic environment. and promote preservation and strengthening of existing commercial uses. That the proposed use is not deemed essential and desirable to the public convenience or welfare. since it is expected to result in an over -concentration of substantially similar uses: and the applicant's lack of relevant business experience and failure to abide by City regulations in establishing the proposed use demonstrates a lack of management expertise. RECOMMENDED FINDINGS FOR APPROVAL 1. That the site for the proposed use is adequate in size and shape, since the use would be established in an existing commercial building with adequate floor space to accommodate the type of business proposed; and a sufficient number of on -site parking spaces are available. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use. since access to the property is provided along Highland Avenue and E. 14th Street: and the use is expected to generate traffic commensurate with the previously existing use and the intended use of the structure. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties. since it would be compatible with the primarily commercial uses surrounding the property. is adequately buffered from adjacent residential uses, and would generally conform with the previously existing use of the site. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare. since the use supports General Plan policies intended to help expand employment opportunities and which encourage businesses to locate in the City. where compatible with existing development. In addition the proposal will utilize a large vacant building. RECOMMENDED CONDITIONS OF' APPROVAL 1. A sewer permit and/or payment of additional sewer fees may be required. The applicant shall submit a site plan to the Engineering Department showing existing sewer laterals and provide evidence of sewer connection. The deteriorated portions of existing right-of-way improvements along the property's street frontages and as marked in the field, shall be removed and replaced. including approximately 471 square feet of sidewalk, 44 lineal feet of curb and gutter. and 150 square feet of driveway along E. 14th Street; and 342 square feet of sidewalk along Highland Avenue. Other areas with chipped, broken, or cracked concrete surfaces shall receive epoxy patching. Raised edges shall be grinded to eliminate trip hazards. In lieu of removal. and as directed by the City Engineering Department, marked areas, including two driveway areas along E. 14th Street. may be grinded. All affected "no parking" zones shall be repainted red after completion of work. 3. Existing catch basins on -site shall be provided with a "No Dumping" tile in accordance with the NPDES program. 4. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way. 5. A performance bond acceptable to the City attorney and inspection deposit for all street improvement work shall be posted prior to approval of any building permits. 6. Tenant improvement plans must conform with the 1994 Editions of the Uniform Building Code. Uniform Mechanical Code. and Uniform Plumbing Code: the 1993 Edition of the National Electrical Code: and State Title 24 handicapped and energy regulations. 7. The applicant shall, upon the issuance of required sign,building penults, be permitted to install a maximum of one primary identification sign per street frontage. in conformance with National City Municipal Code Section 18.62.100 - Permanent On -site Advertising in Commercial and Manufacturing Zones. plus one additional sign with a maximum area of 25 square feet per street frontage. This condition shall supersede the provisions of N.C.M.C. Section 18.16.130 - Small Permanent Signs in Commercial and Manufacturing Zones. and 18.62.150 - Small Temporary Window Signs in Commercial and Manufacturing Zones. 8. The west facing exterior wall of the subject building shall re -painted and treated with "Graffiti Melt Coating" manufactured by Genesis Coatings. Inc. A similar product may be used. subiect to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 9. The use may open for business only between the hours of 10:00 a.m. and 8:00 p.m. Monday through Saturday. and between 10:00 am and 6.00 p.m. on Sundays. Merchandise delivery. both to and from the subject building, shall be permitted only between the hours of 9:00 am and 9:00 p.m. ylondav through Saturday and between 10:00 p.m. and 6:00 p.m. on Sundays. 10. The sale of used merchandise shall not be permitted. 11. Evidence shall be provided to the satisfaction of the Planning Department that reciprocal parking and access agreements are recorded to maintain parking for the proposed use. 12. Redwood slats shall be inserted into the existing chainlink fence/gates enclosing the subject buildings designated loading area. 13. The driveway providing access between the subject property and the Fedco shopping center property immediately north shall be made accessible if and when such access is made feasi- ble by improvements on the Fedco property. 14. Except as required by conditions of approval, tenant improvement plans shall be submitted for review and approval by the Planning Director in conformance with Exhibit A, Case File No. CUP-1998-5, dated 05/28/98. 15. Before this Conditional Use Permit shall become effective, both the applicant and the 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 Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning 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 Conditional Use Permit No. 1998-5 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 Planning Director prior to recordation. 16. Use of the property as authorized by this Conditional Use Permit shall be limited to the operation of an indoor bazaar in conformance with all provisions of the National City Municipal Code, excepting those provisions specifically superseded by adopted conditions of approval. 17. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 18. This permit shall expire if the use authorized by this resolution is discontinued for a period of twelve months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. RESOLUTION NO. 9-98 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA. DENYING A CONDITIONAL USE PERMIT APPLICATION FOR AN INDOOR BAZAAR WITHIN AN EXISTING COMMERCIAL BUILDING AT 1320 HIGHLAND AVENUE APPLICANT: KYE CHUAN CHU CASE FILE NO. CUP-1998-5 WHEREAS, the Planning Commission of the City of National City, California considered a Conditional Use Permit application for an indoor bazaar within an existing commercial building at 1320 Highland Avenue at the public hearing held on July 20, 1998, 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. CUP-1998-5 which is maintained by the City, and incorporated herein by reference; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State 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 City 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 20, 1998. fail to support findings, required by the Municipal Code for granting any Conditional Use Permit, that the proposed use will not have an adverse effect on adjacent or abutting properties. and that the proposed use is deemed essential and desirable to the public convenience or welfare. BE IT FURTHER RESOLVED by the City 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 20, 1998, support the following findings: 1. The proposed use will have an adverse effect on adjacent or abutting properties in that it fails to support General Plan policies which encourage high -quality retail business development. seek to improve the diversity and quality of the City's economic environment. and promote preservation and strengthening of existing commercial uses. The proposed use is not deemed essential and desirable to the public convenience or welfare, since it is expected to result in an over -concentration of substantially similar uses; and the applicant's lack of relevant business experience and failure to abide by City regulations in establishing the proposed use demonstrates a lack of management expertise. BE IT FURTHER RESOLVED that the Planning Commission hereby denies Conditional Use Permit application no. 1998-5. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council; and, 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 p.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. 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. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of August 3, 1998 by the following vote: AYES: LARGE, FLORES, VALDERRAMA, DETZER, MARTIENLLI, BACA, GODSHALK. NAYS: ABSENT: ABSTAIN: CI-IAIRMAN HAFIONAL CITY NING DEPARTMENT AN 17 1998 PETERSON PROPERTIES Ernie Peterson 3722 Liggett Drive San Diego, CA 92106 (619) 226-4663 8-14-98 City Council of the City of National City 1243 National City Boulevard National City, CA 91950-4397 Re: Case file No. CUP-1998-5 Dear Sirs, The Condition of Approval Item #13 for CUP 1998-5 is very objectionable to us. This condition would condemn the drive up portion of our property. It could not be used for additional parking or as a future building site. We request that item # 13 be removed as a condition of the CUP. Sincerely, Ernest . Peterson APPLICATION for Conditional Use Peiuiit Planned Development Permit Planned Unit Development Permit xx NATIONAL CITY, CALIFORNIA Make checks payable to the City of National City File application with the National City Planning Department 1243 National City Boulevard National City, California 91950 (619) 336-4310 PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM FOR DEPARTMENT USE ONLY Case Number &71:1'/ %'� Filing Fee S / v< '2 6�-c Receipt No. Date Received 6'� ' / By / . i y ,/ E.A.F. Required Al //1 Fee S /v%d Related Cases N / A / LEGAL DESCRIPTION OF PROPERTY: (Attach if insufficient space) LEGAL DESCRIPTION ATTACHED. PROPERTY LOCATION 1320 HIGHLAND HIGHLAND AVE. No. Street betweets PLAZA BLVD . and 14 th STREET COMBINED GENERAL PLAN/ZONING DESIGNATION GC (GENERAL COMMERCIAL ) Conditional Use;Planned Development/Planned Unit Development Permit Application Revised June. 1907 Pace 1ofl REQUEST: The Applicant requests a Conditional Use Permit (Chapter 18.1 16). Planned Development Permit (Chapter 18.126). or Planned Unit Development Permit (Chapter 18.30) to use the above described property for the following purposes: ...AN INDOOR RA7.AAR CONSISTING OF 8-12 PARTITIONED BOOTHS. THE BAZAARS PRIMARY BUSINESS IS GENERAL MERCHANDISE(JEWELRY, LUGGAGE, TOYS, CLOTHING, SHOES, AND A'2 ESSORIES). THE EXISTING SPACE IS APPROX. 25,000 S.F. OF OPEN AREA. PRESENT OWNER(S) of all property included in this application MUST SIGN HERE. (Attach extra sheets if necessary). Name - C—C7 Address ` 2 7 L r �j/�• Address Date Date I. (signature). / c✓ « (date) v /7 ,4 9ci2- . do hereby affirm and certify that: I am the APPLICANT and that the statements and answers hereby submitted are true and accurate to the best of my knowledge. NAME OF APPLICANT (Please type or print) KYE CHUAN CHU Mailing Address 1320 HIGHLAND AVE. NATIONAL CITY, CA. 91950 No. Street City State Zip Telephone No.( 619 ) 474-4014 FAY No. Conditional Use:Planned Dev-elnpment.Planned Unit Development Permit Application Revised June, 1907 Pace 2 of 7 .JUSTIFICATION Section 18.116.020 of the National City Municipal Code states that before any conditional use permit. planned development permit or planned unit development permit is granted. the applicant must show the existence of the following facts: ?. 2. That the site for the proposed use is adequate in size and shape: and That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the quantity and quality of traffic generated by the proposed use: and That the proposed use will not have an adverse effect upon adjacent or abutting properties; and 4. That the proposed use is deemed essential and desirable to the public convenience or welfare. The above findings must be incorporated into each staff report for a Conditional Use Permit. Planned Development Permit or Planned Unit Development Permit presented to the decision making body. Each of the findings must he found to exist. As the applicant. you are not required to provide justification of these findings; however, the it formation can he useful to Planning Staff when compiling their report. Please provide any additional information which mat' be helpful when considering the application. THE INTERIOR OF THE EXISTING BUILDING IS A LARGE.SQUARE SPACE OF APPROX. 120x140 OF OPEN AREA WITH ADEQUATE STORAGE, DELIVERY ROLL -UP DOOR, AND RESTROOMS. THE EXISTING MECHANICAL, ELECT. AND LIFE -SAFETY SYSTEMS ARE OPERATIONAL AND ADEQUATE FOR THE PROPOSED USE. THE SITE HAS SAFE AND ESTABLISHED ACCESS FROM HIGHLAND AVENUE AS WELL AS FROM THE 14th ST. THERE ARE 212 REGULAR PARKING STALLS & 5-HANDICAPPED STALLS. THE PARKING LOT IS FULLY LANDSCAPED PARKING LOT: THERE ARE ADEQUATE SITE LIGHTING, AND AN EXISTING SIGN STRUCTURE THAT CAN BE UTILIZED FOR THE PROPOSED USE. THE BUSINESSES IN THE IMMEDIATE AREA ARE VARIED AND APPEAR GENERALLY COMPATIBLE WITH THE PROPOSED USE. "FED CO." IS TO THE IMMEDIATE NORTH OF THE PROPERTY. "PRICE BREAKERS INDOOR BAZAAR", A PRIMARILY JEWELRY BAZAAR, IS LOCATED AT THE SOUTH- EAST CORNER OF PLAZA BLVD. AND HIGHLAND AVE. TO THE EAST OF THE SITE, ACROSS HIGHLAND AVE., THERE IS A COMPUTER STORE, A BICYCLE SHOP,AUTO PARTS STORE, AND AN ORIENTAL MARKET. BUSINESSES IMMEDIATELY ADJACENT TO THE PROPERTY CONSIST OF A INCOME TAX SERVICE, HAIR AND NAIL SALON, A DRY CLEANER, AND AN GENERAL MERCHANDISE STORE. Conditional Use Planned Deveiocment'Pianned Unit Development Permit -Application Revised June. 1007 Pave 3 of; City of National City, California COUNCIL AGENDA STATEMENT MEETING DATEAugust 25, 1998 REFER TO ITEM #3 AGENDA ITEM NO 2 ITEM TITLE PUBLIC HEARING ON POLICE DEPARTMENT REQUEST FOR LOCAL LAW ENFORCEMENT BLOCK GRANT FUNDS. PREPARED BY LT. D'lIKE IGLESIAS DEPARTMENT POLICE DEPARTMENTNP EXPLANATION. Background In June, 1997; the City of National City applied for FY 1997/98 Local Law Enforcement Block grant from the U.S. Department of Justice. Effective, October 1, 1997, the U.S. Department of Justice awarded the City of National City a $178,391 FY 1997/98 Local Law Enforcement Block grant for the purchase of police equipment and technology. Pursuant to federal law , a public hearing must be held prior to Council action on the allocation of the funds. The Police Department is requesting that all of the above funds be utilized for the purchase of an integrated Computer Aided Dispatch and Records Management System (CAD/RMS). The Warner Group conducted a CAD need assessment which was presented to Council on June 9, 1998. The needs assessment determined that the Police Department's existing CAD/RMS system is not Year 2000 compliant nor does it have the functionalities of a modern day CAD/RMS such as the ability to provide officer safety premise history, officer safety time prompts for dispatchers, automated 911 interface, automated geofiles, unit assignment or simultaneous viewing of unit status and oal' screens. Environmental Review N/A !Financial Statement There will be no impact on the FY 1998/99 budget. The local match will be funded with $19,801 in asset seizure funds. 131-409-00o-8010 Account No 169-409= 000-8010 �7AF RECOMMENDATION (71 Approve the Resolution. BOARD /COMMISSION RECOMMENDATION On August 5, 1998, the Local Taw Enforcement Block Grant Advisory Board reviewed the proposal and recuuhiended approval of the Resolution. ATTACHMENTS (Listed Below) Resolution No Resolution Minutes -Local Law Enforcement Block Grant Advisory Board Meeting COUNCIL AGENDA STATEMENT PUBLIC HEARING ON POLICE DEPARTMENT REQUEST FOR LOCAL LAW ENFORCEMENT BLOCK GRANT FUNDS PAGE 2 Additionally, the existing CAD/RMS system lacks the capacity of producing management reports that track the time of all officers assigned to calls. The Warner Group recommended purchase of a CAD/RMS system with the above functionalities. The Warner Group indicated that the the one time purchase cost of a CAD/RMS system which would fulfill the needs of the National City Police Department would be between $6699,000 and $1,118,000. The Police Department submitted a Capital Improvement Request for a Computer Aided Dispatch/Records Management system (Project no. 8010) during the FY 1998/99 budget process and received subsequent Council approval for the project as part of the FY 1998/99 Capital Improvement Program. Proposal The Police Department is requesting that the $178,391 in FY 1997/98 Local Law Enforcement Block grant funding be appropriated to C.I.P. account #169-409-000-8010 for the purchase of an integrated Computer Aided Dispatch and Records Management System. It is the Police Department's intention if the appropriation is approved to provide the required cash match for these expenditures with $19,801 in asset seizure funds. Under the proposal, the requested funds and local match would be applied towards the purchase an integrated Computer Aided Dispatch and Records Management system. The funds would be utilized for the purchase of necessary hardware, software, software configuration and customization, as well as necessary interfaces to the automated field reporting system, 911 and other critical law enforcement data bases. This proposal was presented to the Local Law Enforcement Block Grant Advisory Board at their meeting on August 5, 1998. The Local Law Enforcement Block Grant Advisory Board voted unanamously to adopt the proposal. The Police Department currently estimates the cost of purchase of a CAD/RMS at approximately $838,391. This funding if approved will be the first funding appropriated by Council to the project. Under the current projected funding plan in the CIP, the Police Department intends to fund the balance of the project with FY 1998/99 and FY 1999/00 Local Law Enforcement Block Grant and Supplemental Law Enforcement Services Funds. The Police Department will bring requests to Council for appropriations of those funds to the project when the city receives them. RESOLUTION NO. 98 - 104 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING APPROPRIATION OF FY 1997/98 LOCAL LAW ENFORCEMENT BLOCK GRANT FUNDS TO THE POLICE DEPARTMENT FOR PURCHASE OF AN INTEGRATED COMPUTER AIDED DISPATCH AND RECORDS MANAGEMENT SYS I'EM (CAD/RMS) WHEREAS, in June 1997, the City of National City applied for a FY 1997/1998 Local Law Enforcement Block grant from the U.S. Department of Justice; and WHEREAS, effective October 1, 1997, the U.S. Department of Justice awarded the City of National City a $178,391 FY 1997/98 Local Law Enforcement Block grant for the purchase of police equipment and technology; and WHEREAS, this grant is a two year grant which will require a ten percent local match of $19,801; and WHEREAS, the Police Department desires that all of the funds be utilized for the purchase of an integrated Computer Aided Dispatch and Records Management System (CAD/RMS); and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City Council authorizes the appropriation of the 1997/98 Local Enforcement Block Grant Funds in the amount of $178,391 to the Police Department for purchase of an integrated Computer Aided Dispatch and Records Management System (CAD/RMS). PASSED and ADOPTED this 25th day of August, 1998. George H. Waters, Mayor Al JEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: City Attorney MINI.)1 ES LOCAL LAW ENFORCEMENT BLOCK GRANT ADVISORY BOARD FETING Wednesday, August 5, 1998 The meeting was called to order at approximately 0900 hours. Present: Lieutenant Michael Iglesias - National City Police Department, Dave Greenberg - Chief Deputy District Attorney of the San Diego District Attorney's Office, South Bay Division, Steve Yancy - Chamber of Commerce, Crime Prevention Committee, Katy Filzenger - National School District, Sandra Downs - Court Administrator, and Secretary Ronni Giba. 1. Review and Background on the Local Law Enforcement Block Grant Funding Fiscal Year 1997/1998. Lieutenant Iglesias gave a presentation on the funds expended to date and the AFR Program and its progress. Explained to the Board that they were at the meeting today to approve the CAD/Records Management System. Review of a report from the Warner Group on the deficiencies of the Computer Aided Records System and the Dispatch Functions. Presentation of the deficiencies to the Board. Presentation of the recommendations/alternatives of the Warner Group Presentation on long term funding plan - $838,391 reliable; $187,500 competitive. 2. Lieutenant Iglesias asked that $178,391 in fiscal year 1997/1998 Local Law Enforcement Block Grant funds be allocated to purchase the CAD/RMS system for the police department. Page 2 Mr. Yancy asked if the acquisition of the CAD/RMS systems would reduce the number of dispatchers employed by the police department. Lt. Iglesias advised that the City allocated one new dispatcher position. Mr. Yancy inquired if there were any questions or discussion. There was none. 3. Vote was taken by the Board on the allocation of funds to purchase the CAD/RMS system. The decision was unanimous. Mr. Yancy requested to be notified when the recommendation would be going to the City Council for approval. Discussion followed and it was agreed that all the Board members be present for that Council meeting. Lt. Iglesias informed the Board that the City Council was impressed when people from outside agencies attended the meetings. The next meeting of the Board will be held in September, 1998. Meeting adjourned. City of National City, California COUNCIL AGENDA STATEMENT MEETING DATEAugust 25, 1998 REFER 10 ITEM #2 3 AGENDA ITEM NO. ITEM TITLE RESOLUTION AUTHORIZING APPROPRIATION OF $ 178,391 IN LOCAL LAW ENFORCEMENT BLOCK GRANT FUNDS FOR PURCHASE OF POLICE DEPARTMENT COMPUTER AIDED DISPATCH AND RECORDS MANAGEMENT SYSTEM. PREPARED BY LT. MIKE IGLESIAS DEPARTMENT POLICE DEPARTMENT Q'v`'C..-- EXPLANATION Background In June, 1997; the City of National City applied for FY 1997/98 Local Law Enforcement Block grant from the U.S. Department of Justice. Effective, October 1, 1997, the U.S. Department of Justice awarded the City of National City a $178,391 FY 1997/98 Local Law Enforcement Block grant for the purchase of police equipment and technology. This grant is a two year grant which will require a 10 percent local match of $19,801. The Police Department is requesting that all of the above funds be utilized for the purchase of an integrated Computer Aided Dispatch and Records Management System (CAD/RMS). The Warner Group conducted a CAD need assessment which was presented to Council on June 9, 1998. The needs assessment determined that the Police Department's existing CAD/RMS system is not Year 2000 compliant nor does it have the functionalities of a modern day CAD/RMS such as the ability to provide officer safety premise history, officer safety time prompts for dispatchers, automated 911 interface, automated geofiles, unit assignment or simultaneous viewing of unit status and call screens. Environmental Review N/A Financial Statement There will be no impact on the FY 1998/99 budget. The local match will be funded with $19,801 in asset seizure funds. 131-409-000-8010 Account N o.169-409-000-8010• GAFF RECOMMENDATION Approve the Resolution. BOARD/COMMISSION RECOMMENDATION On August 5, 1998 the Local Law Enforcement Block Grant Advisory Board recuhuuended to approve the Resolution. ATTACHMENTS (Listed Below) Resolution Minutes -Local Law Enfcrcauent Block Grant Advisory Board Meeting. Resolution No. 98-104 COUNCIL AGENDA STATEMENT RESOLUTION AUTHORIZING APPROPRIATION OF LOCAL LAW ENFORCEMENT BLOCK GRANT FUNDS FOR PURCHASE OF CAD/RMS SYSTEM PAGE 2 Additionally, the existing CAD/RMS system lacks the capacity of producing management reports that track the time of all officers assigned to calls. The Warner Group recommended purchase of a CAD/RMS system with the above functionalities. The Warner Group indicated that the the one time purchase cost of a CAD/RMS system which would fulfill the needs of the National City Police Department would be between $699,000 and $1,118,000. The Police Department submitted a Capital Improvement Request for a Computer Aided Dispatch/Records Management system (Project no. 8010) during the FY 1998/99 budget process and received subsequent Council approval for the project as part of the FY 1998/99 Capital Improvement Program. Proposal The Police Department is requesting that the $178,391 in FY 1997/98 Local Law Enforcement Block grant funding be appropriated to C.I.P. account *169-409-000-8010 for the purchase of an integrated Computer Aided Dispatch and Records Management System. It is the Police Department's intention if the appropriation is approved to provide the required cash match for these expenditures with $19,801 in asset seizure funds. Under the proposal, the requested funds and local match would be applied towards the purchase an integrated Computer Aided Dispatch and Records Management system. The funds would be utilized for the purchase of necessary hardware, software, software configuration and customization, as well as necessary interfaces to the automated field reporting system, 911 and other critical law enforcement data bases. This proposal was presented to the Local Law Enforcement Block Grant Advisory Board at their meeting on August 5, 1998. The Local Law Enforcement Block Grant Advisory Board voted unanamously to adopt the proposal. The Police Department currently estimates the cost of purchase of a CAD/RMS at approximately $838,391. This funding if approved will be the first funding appropriated by Council to the project. Under the current projected funding plan in the CIP, the Police Department intends to fund the balance of the project with FY 1998/99 and FY 1999/00 Local Law Enforcement Block Grant and Supplemental Law Enforcement Services Funds. The Police Department will bring requests to Council for appropriations of those funds to the project when the city receives them. RESOLUTION NO. 98 - 104 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING APPROPRIATION OF FY 1997/98 LOCAL LAW ENFORCEMENT BLOCK GRANT FUNDS TO THE POLICE DEPARTMENT FOR PURCHASE OF AN INTEGRATED COMPUTER AIDED DISPATCH AND RECORDS MANAGEMENT SYSTEM (CAD/RMS) WHEREAS, in June 1997, the City of National City applied for a FY 1997/1998 Local Law Enforcement Block grant from the U.S. Department of Justice; and WHEREAS, effective October 1, 1997, the U.S. Department of Justice awarded the City of National City a $178,391 FY 1997/98 Local Law Enforcement Block grant for the purchase of police equipment and technology; and WHEREAS, this grant is a two year grant which will require a ten percent local match of $19,801; and WHEREAS, the Police Department desires that all of the funds be utilized for the purchase of an integrated Computer Aided Dispatch and Records Management System (CAD/RMS); and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City Council authorizes the appropriation of the 1997/98 Local Enforcement Block Grant Funds in the amount of $178,391 to the Police Department for purchase of an integrated Computer Aided Dispatch and Records Management System (CAD/RIv1S). PASSED and ADOPTED this 25th day of August, 1998. George H. Waters, Mayor Al LEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. I iser, III City Attorney MINUTES LOCAL LAW ENFORCEMENT BLOCK GRANT ADVISORY BOARD MEETING Wednesday, August 5, 1998 The meeting was called to order at approximately 0900 hours. Present: Lieutenant Michael Iglesias - National City Police Depaitluent, Dave Greenberg - Chief Deputy District Attorney of the San Diego District Attorney's Office, South Bay Division, Steve Yancy - Chamber of Commerce, Crime Prevention Committee, Katy Filzenger - National School District, Sandra Downs - Court Administrator, and Secretary Ronni Giba. 1. Review and Background on the Local Law Enforcement Block Grant Funding Fiscal Year 1997/1998. Lieutenant Iglesias gave a presentation on the funds expended to date and the AFR Program and its progress. Explained to the Board that they were at the meeting today to approve the CAD/Records Management System. Review of a report from the Warner Group on the deficiencies of the Computer Aided Records System and the Dispatch Functions. Presentation of the deficiencies to the Board. Presentation of the recommendations/alternatives of the Warner Group Presentation on long term funding plan - $838,391 reliable; $187,500 competitive. 2. Lieutenant Iglesias asked that S178,391 in fiscal year 1997/1998 Local Law Enforcement Block Grant funds be allocated to purchase the CAD/RMS system for the police depai Intent. Page 2 Mr. Yancy asked if the acquisition of the CAD/RMS systems would reduce the number of dispatchers employed by the police department. Lt. Iglesias advised that the City allocated one new dispatcher position. Mr. Yancy inquired if there were any questions or discussion. There was none. 3. Vote was taken by the Board on the allocation of funds to purchase the CAD/RMS system. The decision was unanimous. Mr. Yancy requested to be notified when the recommendation would be going to the City Council for approval. Discussion followed and it was agreed that all the Board members be present for that Council meeting. Lt. Iglesias informed the Board that the City Council was impressed when people from outside agencies attended the meetings. The next meeting of the Board will be held in September, 1998. Meeting adjourned. City of National City, California COUNCIL AGENDA STATEMENT 4 MEETING DATE AUGUST 25, 1998 AGENDA ITEM NO. ITEM TITLE WARRANT REGISTER #7 PREPARED BY Adella M. Salazar EXPLANATION. Ratification of Warrant Register #7 per Government Section Code 37208. DEPARTMENT Finance Environmental Review N/A Financial Statement N/A Account No STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $1,057,683.31 80ARD/COMMISSION RECOMMENDATION L ATTACHMENTS (Listed Below) Resolution No 1. Warrant Register #7 2. Worker's Comp Warrant Register dated 08/18/98 City of National City Department of Finance 1243 National City Blvd., National City, CA 91950-4397 (619) 336-4267 TO: THE MAY'CR AND CITY CCUZvCILMEMBERS ;,A? TT ,0 FINANCE 17I7,'.7CTCR Cu. ✓F' Jai✓ SET ETSVICT .FUND.. O r NT AND/OF /O A'J OT T �F' �iAR�A.+ C lirvui vi, i'ntJ,l.;.L iU�J_ i7 LEI u�/� ✓LiL iCi .-�v.v Jli G7ANT-H7CHWAY Y 75.54 1 T✓: l 65 . _ FACLLT 777.S MAONT F U__7 8 . 81 L_A3ID_ _ _ INS. C . I'TD 4.17 cL, n.:VAL S HV - = FUN': V-' 5,5O Ii, O_ MATRON s. i .. IC i OT "D - •-r•- F ^T 22.35 3C3.15 13,250.25 5,144.77 643.21 14,497. �7.MrI7__ 1=._.7-� _.. ... •'�._. _ . _ u 11068 THROUGH 11077 INCLUSIVE 34T .)US o E ECb: OF `'LPL FUNDS T7 57,_ _ l_ _ . J ✓ f C;ty of National City, California COUNCIL AGENDA STATEMENT August 25, 1998 'TEN' NO. 5 MEETING DATE AGENDA ITE (ITEM TITLE REPORT ON USE OF COMMERCIAL AREAS BY NON-PROrll ORGANIZATIONS FOR OUTDOOR SALES. PREPARED BY EXPLANATION Rudolf Hradec DEPARTMENT City Attorney See attached memorandum. (Environmental Review Financial Statement N/A X N/A Account No. STAFF RECOMMENDATION File report BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Memorandum Resolution No. City of National City Office of the City Attorney 1243 National City Boulevard, National City, CA 91950 George H. Eiser, III • City Attorney (619) 336-4220 FAX (619) 336-4327 TDD (619) 336-1615 TO: City Manager DATE: August 19, 1998 FROM: Senior Assistant City Attorney VIA: City Attorney RE: Use of Commercial Areas by Non-profit Organizations for Garage Sales This memorandum will address an issue raised under "public oral communications" at the July 28 City Council meeting, as to whether charitable organizations may conduct rummage sales on commercial property within the City. Chapter 7.21 of the National City Municipal Code prohibits garage, yard or rummage sales on vacant lots or on commercial or industrial property. Occasional sales and displays of used household goods are allowed on residential and institutional property owned, leased or licensed for use to any household resident or qualified non-profit organization (qualified under IRC 501(c)(3)) for personal or organizational fund raising. Sales are limited to a maximum of two per year. The purpose of the chapter is to regulate occasional sales of used personal goods to prevent expansion into an impermissible commercial operation on residential or institutional properties or vacant lots. According to the Finance Department, unlike garage and yard sales, there has been no prior history of non-profit organizations conducting rummage sales on vacant lots. The prohibition against displays of used goods on vacant property is focused on preventing neighborhood blight and repetitive garage sales. Sales of used goods on commercial property are subject to zoning compliance. Because of the close interplay between zoning restrictions on outdoor displays of new merchandise on commercial property, (Chapter 18.92), the general prohibitions affecting commercial activity on vacant property (NCMC 18.02.080) and general avoidance of blight, it would be difficult from a legal perspective to justify an exemption to allow a non-profit organization to conduct a rummage sale of used goods on either vacant or commercial property. The provisions of Chapter 7.21 contain adequate provisions to otherwise allow non-profit organizations to conduct rummage sales for charitable fund raising purposes. Further amendment to Chapter 7.21 is therefore not recommended. This memorandum has been coordinated with the Planning and Finance Departments. RUDOLF HRAOECKY Senior Assistant City Attorney :e�}ded Paper City of National City, California COUNCIL AGENDA STATEMENT August 25, 1998 AGENDA ITEM NO. 6 MEETING DATE b ITEM TITLE NOTICE OF DECISION - CONDITIONAL USE PERMIT FOR USE OF EXISTING COM- MERCIAL SPACE (701 NATIONAL CITY BOULEVARD) AS A SATELLITE CAMPUS FOR HIGHER EDUCATION. APPLICANT: SOUTHWESTERN COLLEGE CASE FILE NO. CUP-I998-7 DEPARTMENT g PREPARED BY R.Santos - Assistant Planner Plartnin� EXPLANATION -Southwestern College is proposing to utilize 11,000 sq. ft. of commercial space on the ground floor of an existing 3-story building. The proposal involves remodeling to create 8 classrooms and administrative offices. College courses would be provided for an estimated 850 students in the first year, and up to 1,700 by the year 2000. Up to 350 students could be accommodated at any one time. Classes would be held weekdays 8am and 9:30pm, and possibly on Saturday. The remainder of the building's ground floor and the two levels above would continue to provide parking for the Holiday Inn and Radisson hotels. Also, according to the facility's dean, the College's lease agreement allows for use of 100 parking stalls within the garage, constructed with 113 more stalls than required for the hotels. The Dean also advised that additional stalls could be made available, since the garage is generally underutilized. However, it is expected that an adequate number of stalls will be available, based on the estimated needs of the school and recent experience with other educational facilities approved in the City. Minor changes to the west -facing exterior wall are proposed, including elimination of existing doors, glass store- front and awnings; and installation of new tinted windows, signs, and sunscreens. Proposed improvements are consistent with Land Use Code and Design Guideline criteria. Several benefits to the community may be expected to follow approval, including improved educational opportuni- ties, increased patronage of local businesses, and reduced crime due to the increased presence of pedestrians. \A.t the hearin Anna Ak azar. owner of nearby property, expressed concerns related to potential parking problems. / Environmental Review X N/A Financial Statement N/A Account No STAFF RECOMMENDATION g Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD/COMMISSION RECOMMENDATION The Planning Commission voted to approve the application. Vote: Ayes: Unanimous ATTACHMENTS (Listed Below) Resolution No 1. Resolution 10-98 2. Location Map RESOLUTION NO. 10-98 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA.. APPROVING A CONDITIONAL USE PERMIT FOR USE OF E GS 11NG COMMERCIAL SPACE (701 NATIONAL CITY BOULEVARD) AS A SATELLITE CAMPUS FOR HIGHER EDUCATION APPLICANT: SOUTHWESTERN COLLEGE CASE FILE NO. CUP-1998-7 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit application for use of existing commercial space (701 National City Boulevard) as a satellite campus for higher education, at a duly advertised public hearing held on August 17, 1998, at which time oral and documentary evidence was presented; and. WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File No. CUP-1998-7 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 August 17, 1998, support the following findings: 1. That the site for the proposed use is adequate in size and shape. since the use would be established in an existing building with adequate floor space to accommodate the type of use proposed: and a sufficient number of on -site parking spaces are available. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use. since access to the property is provided along National City Boulevard. E. 7th Street and E. 8th Street. Tne site is also readily accessible to/from I-5 freeway ramps located three blocks east. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties. since associated improvements include only interior renovations and minor exterior modifications: the use is deemed compatible with and supportive of the predominately commercial uses surrounding the property: and adequate parking area will be provided. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare. since the facility will create additional educational opportunities for local residents; and is consistent with General Plan policies calling for new and varied uses in the Downtown National City Boulevard/Eighth Street area and revitalization of the surrounding business district. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 1. Improvement plans shall show the existing sewer service for the facility and indicate the approximate amount of waste generated from the site in gallons per day. Payment of additional sewer fees may be required. 2. Improvement plans shall show compliance with the 1994 U.B.C., U.P.C.. U.M.C.; the 1993 N.E.C.; and State handicapped and energy regulations. 3. Exterior building walls shall be treated with "Graffiti Melt Coating' manufactured by Genesis Coatings. Inc. A similar product may be used, subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 4. Classroom occupancy loads shall be posted as follows: Classroom 46 - 31; Classroom #7 - 33; Classroom #8 - 33. 5. Plans for fire sprinkler and fire alarm systems shall be submitted to the Fire Department for review and approval prior to issuance of required Fire Department permits. 6. Doors leading. from the parking structure shall be fitted with automatic closing devices. 7. The north vehicular entrance to the parking garage shall be maintained open during classroom hours. 8. Where approved plans call for new windows. only non -reflective type glassitint may be used. 9. An intent to provide bicycle racks shall be shown on improvement plans submitted for review. This condition may be waived where deemed unfeasible by the Planning Department. 10. Except as required by conditions of approval, tenant improvement plans shall be submitted for review and approval by the Planning Director in conformance with Exhibit A. Case File No. CUP-1998-7, dated 07/28/98. 11. Before this Conditional Use Permit shall become effective. both the applicant and the 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 Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning 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 Conditional Use Permit No. 1998-7 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 P!annine Director prior to recordation. 12. Use of the property as authorized by this Conditional Use Permit shall be limited to a classroom and administration facility for higher education. 13. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. BE IT FURTHER RESOLVED that copies 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 foIIowing 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 p.m. on the day of that Ciry 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. of August 17, 1998, by the following vote: AYES: LARGE, VALDERRAMA, FLORES, DETZER, MARTINELLI, GODSEALK, BACA. NAYS: ABSENT: ABSTAIN: CHAIRYIA N p I 22 26 38 S 04 U_i z w OS 0 J cn 0 1.� 607 CT-PD N 23 7 630 632 i 1 I z C m÷ — W 7th ST'" 829 5' 830 ql �840 MLR 90? •o 700 W8th 2ST. 80/ Q 824 9:8 636 540 = =,STREET j—� 900 90/ I 9/I 3 902 1 909 904 LLI 1 92/ -- 906 = 9/6 Z 949 i 925-27 908 LLI �930 929d/— > i� 932 939-// N . a II 945 i I{ ., b ?p"i (10th STREET) BOULEVARD= 1 CM /o/o �J 7 9/0 343 e1 ,,I wkw CM 6/9 - II 51 I12 13 6/4 a 16 t 1e 620 6231S-33, IT 634 19 19 20 ,. M : N CG-PD Ci m hi PROJECT SITE 801 909 92 .925 ^ ^ 929 099 e /00' /007 19 9/0 le 9/2 9/6 922 IS 926 • 926 13 934 12 938 - 1 940 bth r 609' z0 I al I- 61,2 G 6/3 re 3 6/4 6 67-79 IT+ _ _ S 62/ Ie c I - 1:6: y- RM-1-PD - LLI r6.37 ] �MN -- IOW 477% .2( 9 w w a w 1_645 !I ....; RM-1 LP° 7th •l 0 t - 9 7164 716 ▪ 5 III�WWW��fy•7246 e 724A 1 0, • 1Tti le o • ea "it! 8 th 825 mi meth. CG 92/ 92 939 0 93 PLAZA' RM-1- 1-CGr"�� -PD ZONE BOUNDARY SCALE: 1" = 200" NORTH 0 50 100 FEET LOCATION MAP CUP-1998-7 NATIONAL CITY P L A N N I N G DRN. DATE: 07-30-98 REVISIONS: HEARING: 08-1 7-98