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HomeMy WebLinkAbout2001 11-20 CC AGENDA PKTAGENDA OF A REGULAR MEETING NATIONAL CITY CITY COUNCIL COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD REGULAR MEETING - TUESDAY — NOVEMBER 20, 2001 - 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 APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF NOVEMBER 6, 2001 AND THE SPECIAL MEETING OF NOVEMBER 6, 2001 PRESENTATIONS Employee Introduction Program INTERVIEWS/APPOINTMENTS Appointment — Vice Mayor COPIES OF THE CITY COUNCIL MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.ci.national-city.ca.us COUNCIL AGENDA 11/20/01 PAGE 2 PUBLIC HEARINGS 1. Continued Public Hearing — Amendment to National City Municipal Code Chapters 9.32 (Advertising Displays Bordering Freeways), 18.04 (Definitions), 18.16 (Commercial Zones), 18.62 (Signs and Outdoor Advertising Displays), and 18.92 (Outdoor Display or Sale of Merchandise) (Case File No. A-2001-3) (Planning) ** Refer to Agenda Item #10** ** Continued from Council Meeting of 11/6/01 ** 2. Continued Public Hearing — Specific Plan and Subdivision for 42 single- family residential parcels on the south side of Paradise Valley Road east of the terminus of E. 8th Street. (Applicant: Simon and Richard Construction Co. Inc.) (Case File Nos. SP-2000-1, S-2000-3, IS-2000-10) (Planning) ** Continued from Council Meeting of 11/6/01 ** 3. Public Hearing — Proposed Sewer Rate Increases for Fiscal Years 2002 and 2003. (Public Works/Engineering) CONSENT CALENDAR Consent Calendar: Consent calendar items involve matters which are of a routine or noncontroversial nature. All consent calendar items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of the agenda and separately considered, upon request of a Council member, a staff member, or a member of the public. 4. Resolution No. 2001-175 Resolution of the City Council of the City of National City designating the Sweetwater Union High School Marine Corps Junior Reserve Officer Training Corps Color Guard as the Official Color Guard of the City of National City. (City Attorney) COUNCIL AGENDA 11/20/01 PAGE 3 CONSENT CALENDAR (cont.) 5. Resolution No. 2001-176 Resolution of the City Council of the City of National City authorizing the City Engineer to establish angle parking on the north side of 19th Street between Wilson Avenue and Coolidge Avenue, and the west side of Harding Avenue between 19th and 20th Streets. (St. Anthony's Church, TSC Item No. 2001-40) (Engineering) 6. Resolution No. 2001-177 A Resolution of the City Council of the City of National City approving Supplemental Agreement Number One with BDS Engineering to provide the City with engineering and environmental services in order to assist in achievement of compliance with Regional Water Quality Control Board Order 2001-01 and authorize the Director of Public Works/Engineering to execute the Agreement. (Public Works/Engineering) 7. WARRANT REGISTER NO. 19 (Finance) Ratification of Demands in the amount of $313,493.88 8. WARRANT REGISTER NO.20 (Finance) Ratification of Demands in the amount of $1,083,912.95 NON CONSENT RESOLUTION 9. Resolution No. 2001-178 Resolution of the City Council of the City of National City authorizing the filing of an impartial analysis and written arguments relating to Library Bond Election, requesting County services, and adding statement to Bond Measure. (City Clerk) COUNCIL AGENDA 11/20/01 PAGE 4 ORDINANCE FOR INTRODUCTION 10. An Ordinance of the City Council of the City of National City amending National City Municipal Code Chapters 9.32 (Advertising Displays Bordering Freeways), 18.04 (Definitions), 18.16 (Commercial Zones), 18.62 (Signs and Outdoor Advertising Displays), and 18.92 (Outdoor Display or Sale of Merchandise). (Planning) ** Refer to Agenda Item #1 ** ORDINANCES FOR ADOPTION 11. An Ordinance of the City Council of the City of National City ordering the submission of a proposition of incurring bonded debt for the purpose of the acquisition, construction and completion of a new City Library to the qualified voters of the City of National City at the Special Municipal Election to be held on March 5, 2002. (Library) 12. An Ordinance of the City Council of the City of National City establishing the Mile of Cars Business Improvement District pursuant to the Parking and Business Improvement Area Law of 1989 and levying an assessment and charge therein for upgrading and improving the area. (Community Development Commission) OLD BUSINESS 13. Report on clarification of the relationship between Transient Occupancy Taxes and the definition of "Transient." (City Attorney) ** Continued from Council Meeting of 10/16/01 ** NEW BUSINESS 14. General Obligation Bond for construction of new City Library; determination of term of bond issue; request of City Treasurer to sign Tax Rate Statement. (Library) COUNCIL AGENDA 11/20/01 PAGE 5 NEW BUSINESS (cont.) 15. Notice of Decision - Planned Development Permit and Coastal Development Permit for a self -storage facility on vacant property at the southwest corner of National City Boulevard and West 33`d Street. (Applicant: Bob Halliday for Telesis Development Corporation) (Case File No. PD-2001-5/CDP-2001-2) (Planning) 16. Request to use the Community Center by the County of San Diego and waiver of fees. (Public Works) 17. Request by the National City Chamber of Commerce to serve alcohol at their Annual Dinner. (Public Works) 18. Request to use the Community Center by the Sweetwater Union High School Marine Corps JROTC and waiver of fees. (Public Works) -> CITY MANAGER -* CITY ATTORNEY -* OTHER STAFF -* MAYOR CITY COUNCIL COUNCIL AGENDA 11/20/01 PAGE 6 NEW BUSINESS (cont.) 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. CLOSED SESSIONS Conference with Legal Counsel - Anticipated Litigation Initiation of Litigation pursuant to Government Code Section 54956.9(c) (One potential case: Abandonment of MTDB/SD & AE rail line south from "F" Street in Chula Vista) Conference with Legal Counsel — Pending Litigation Government Code Section 54956.9(a) NCPOA v. City of National City, Superior Court Case No. 728486 Conference with Labor Negotiators — Government Code Section 54957.6 Agency Negotiators: Roger De Fratis, Randy Kimble Employee Organization: National City Firefighters' Association ADJOURNMENT Next Regular City Council Meeting — December 4, 2001 at 6:00 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 City of National City Personnel Department 1243 National City Boulevard National City, CA 91950-4301 Phone: (619) 336-4300 TDD: (619) 336-4304 MEMORANDUM DATE November 13, 2001 TO Park Morse, Assistant City oqq r(:71...Y.4-1--- FROM Roger C. DeFratis, Person I/Director SUBJECT : EMPLOYEE INTRODUCTION PROGRAM The City Council has requested that all new full-time employees hired each month be invited to the third City Council meeting of each month. The attendance of the employee is voluntary and will not be paid overtime for such appearance. The below department director(s) are requested to extend such an invitation to the listed employee(s) and confirm the employee(s) attendance, if applicable, with the City Manager by the Thursday preceding the meeting. Chief DiCerchio Jacqueline Esterly/Crime Scene Specialist Nancy Martinez/Police Records Clerk October 30, 2001 October 30, 2001 Chief Kimble Thomas Butts/Firefighter October 31, 2001 xc: Chief DiCerchio Chief Kimble RCD:Im Employee Intro ® Recycled Paper Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4526 George H. Waters - Mayor NOVEMBER 6, 2001 TO: COUNCILMEMBERS FROM: MAYOR WATERS SUBJECT: VICE MAYOR Please be advised that Councilman Nick Inzunza will be recommended for appointment to serve as the Vice Mayor from November 20, 2001 to November 10, 2002. This item will be placed on the Council Agenda for the meeting of November 20, 2001. GEORGE H. WATERS MAYOR GHW:nu ® Recycled Paper City of National City, California COUNCIL AGENDA STATEMENT MEETING DATENovember 20, 2001 AGENDA ITEM NO. 1 ITEM TITLECONTINUED PUBLIC HEARING AMENDMENT TO NATIONAL CITY MUNICIPAL \ CODE CHAPTERS 9.32 (ADVERTISING DISPLAYS BORDERING FREEWAYS), 18.04 (DEFINITIONS), 18.16 (COMMERCIAL ZONES), 18.62 (SIGNS AND OUTDOOR ADVERTISING DISPLAYS), AND 18.92 (OUTDOOR DISPLAY OR SALE OF MERCHANDISE) CASE FILE NO. A-2001-3 PREPARED BY Roger Post DEPARTMENT Planning EXPLANATION The City Council continued this item from the meeting of November 6, 2001. Since that time staff has met with the Executive Director of the Chamber of Commerce to discuss the various revisions. Their primary concern was any possible effect on the upgrading of the existing sign on I-5 to accommodate the Sky Vision proposal. It was concluded that since this project involves the refurbishment of an existing sign on MTDB property, it would not be affected by the proposed Ordinance. Environmental Review X N/A Financial Statement N/A STAFF RECOMMENDATION Approve the proposedamendments BOARD / COMMISSION RECOMMENDATION N/A A TAC NTS (listed. Belo A. 1. ounce eportfor November , Meeting with attachments. A-200 (9/80) 2. Draft Ordinance Account No. Resolution No. City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE November 6, 2001 AGENDA ITEM NO. /ITEM TITLE PUBLIC HEARING —AMENDMENT TO NATIONAL CITY MUNICIPAL CODE CHAPTERS 9.32 (ADVERTISING DISPLAYS BORDERING FREEWAYS), 18.04 (DEFINITIONS), 18.16 (COMMERCIAL ZONES), 18.62 (SIGNS AND OUTDOOR ADVERTISING DISPLAYS), AND 18.92 (OUTDOOR DISPLAY OR SALE OF MERCHANDISE) CASE FILE NO. A-2001-3 PREPARED BY Steve Ra m " DEPARTMENT Planning EXPLANATION The proposed amendments are described in the attached list and primarily address sign regulations. The catalysts for undertaking this effort were the first and second items on the list and are changes that the City Attorney's office had identified as necessary for enforcement purposes and to address constitutional issues. Most of the other changes will clarify and fine-tune the Sign Ordinance. The last two amendments will clarify requirements concerning outdoor display and seafood sales. The Planning Commission recommended approval of all proposed amendments after holding a public hearing October 15. An Ordinance for these amendment is addressed in a separate agenda item. Environmental Review X N/A Financial Statement N/A STAFF RECOMMENDATION Approve the proposed amendments. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Amendments 2. Findings • Resolution No. 3. Notice of Exemption A-200 (9/80) CHANGES TO SIGN REGULATIONS Numbers at the end of each title in the list refer to Section numbers in the attached, draft ordinance. Major catalysts: 1. Signs and banners visible to the exterior, 18.62.030,18.62.100C.4 To facilitate enforcement of sign and banner regulations, Section 18.62.030 of the draft ordinance specifies that banners and outdoor advertising includes signs placed inside but visible to the exterior, and it defines ` vislle to the exterior". Also, Section 18.62.100 C.4 clarifies that restrictions on flags and banners apply within the first eight feet of the interior of commercial or industrial premises when readily visible to the exterior. This issue was the crux of a Code violation at Express Tire at 1705 Sweetwater Road, where several banners were hung just inside service bay roll up doors. While the Planning Commission reviewed and upheld an appeal of this violation, it was later determined unenforceable. 2. Government and Chamber of Commerce Signs, Deletion of Section 9.32.030, replaced by 18.62.020 The proposed ordinance would remove specific exemptions concerning displays near freeways, including those installed by the City or Chamber of Commerce. The deletion responds to First Amendment issues, which prohibit the City from regulating the content of or message on signs as well as from creating preferential treatment. Signs such as the Chamber of Commerce freeway signs will be otherwise regulated by the Sign Ordinance. Proposed Code Section 18.62.020 D exempts governmental agencies from City sign regulations. This includes the Navy, MTDB and Caltrans, who own property where Chamber of Commerce signs are placed. Additional changes fine-tuning the Sign Ordinance. 3. Shopping Center Signs, 18.62.120 This new section is recommended to clarify regulations of signs within shopping centers. Since many of them do not face a street, the application of the existing Code, which provides for business advertising on the basis of street frontage, has required careful interpretation. Signs in shopping centers, which face walkways, driveways, and parking lots, as well as sometimes streets and freeways, would be required to conform to existing standards in Section 18.62.110 C. In many approvals for new shopping centers, the Planning Commission requires more limiting sign criteria, such as styles of lettering and lighting that may be used, as well as color and size of signs. These standards are also referenced in the proposal As most commercial signs are proposed in shopping centers, this new Code Section will save time and make the ordinance easier to administer. 4. Limit the coverage for small signs to 10% of wall area, 18.62.130 Signs up to 25 square feet are now allowed to cover 25% of the area of the ground floor wall area. Decreasing this to 10% should lessen the clutter of small signs. 5. Limit the coverage of window signs to 10% of the wall area, 8.62.170 The Code now allows these signs to cover up to 25% of the wall area, and this proposal should also prevent potential clutter from excessive signage. 6. Clarify directional slum, 18 62.030, and 18.62.090 F A definition is proposed to clarify what constitutes a directional sign. This should avoid redundant business signage. A maximum size of 3 square feet for each directional sign is also recommended. The Code now allows for up to 16 square feet for these signs. 7. Sign projections --18.62.180 The amendment would allow a wall sign to project more than 18 inches beyond the face of a building pursuant to site plan review. Staff has required applicants, such as Plaza Bonita and Blockbuster, to change their plans for signs that extended more than 18 inches from the wall, although their proposals seemed otherwise attractive and compatible with the scale and design of the affected buildings. 8. Clarify inflatable displays, 18.16.210 Inflatable displays have been approved for special events through a Temporary Use Permit issued by City Council. The proposal would clarify that these may be permitted in such circumstances. 9. Clarify signing in Institutional Zones, 18 62 110, 18.62.130, and 18.62.180 The Code now specifies allowable signs for Commercial and Manufacturing Zones. The amendment would add references to signs allowed in Institutional Zones. 10. Political Signs, 18.62.030 and 18.62.090 E The proposal narrows the definition of a political sign to refer to specific elections, as opposed to the current, more general reference to any sign regarding a political or quasi - political office. No change is proposed to current restrictions on political signs; i.e., concerning their placement, length of display after an election, or size. Other Code Amendments: 11. Newspapers not considered merchandise, 18.92.010 Specifically excluded from the definition, the outdoor display of newspapers would not be restricted by Chapter 18.92. 12. Retail Fish Sales, 18.16.195 The proposed ordinance adds an exception for the sale of manufacturer's prepackaged frozen seafood from the CUP requirement that applies to the sale of fresh and frozen seafood. There are no expected concerns that a Conditional Use Permit would need to address for the retail sale of manufacturer's prepackaged frozen seafood. The Planning Commission recently considered the sale of prepackaged frozen seafood at Grocery Outlet, and no concerns regarding this product were identified. The Conditional Use Permit requirement would still be applied to the sale of fresh seafood, as well as to frozen seafood not prepackaged by the marafacturer• RECOMMENDED FINDINGS FOR APPROVAL Signs and Outdoor Display That the Code amendments concerning definitions, signs, outdoor advertising display, outdoor display of merchandise, and signs bordering freeways, are consistent with the General Plan, as the General Plan calls for review of National City's zoning and development ordinances to achieve implementation of General Plan policies and programs, as well as to implement standards to improve signage to support compatibility with adjacent land uses and strengthening of the overall business environment; and the proposed changes are needed to facilitate enfoiceutnt and to clarify existing requirements for signage, and also to reduce signage in limited situations where excessive temporary signs could be installed or placed, while maintaining opportunities for bncin'cs advertising. Retail Seafood Sales The Code amendment to allow the retail sale of prepackaged frozen seafood in larger markets without a Conditional Use Permit is consistent with the General Plan, as it will avoid an unnecessary review process, which can discourage establishment of new business, and one of the economic development goals of the General Plan is to provide a favorable climate for attracting new, high -quality business activity into the City. The Code amendment is consistent with the General Plan, since it maintains the Conditional Use Permit requirement for the sale of fresh seafood, as well as for frozen seafood not prepackaged by the manufacturer, and General Plan policies encourage careful review of uses that may not be compatible with adjoining neighborhoods and business districts. The Conditional Use Permit requirement for the sale of fresh seafood and frozen seafood not prepackaged by the manufacturer will allow the review of new markets to ensure that seafood odors do not adversely impact surrounding properties. City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Project Title: CASE FILE NO.: A-2001-3 Project Location: Citywide Contact Person: Steve Ray Telephone Number: (619) 336-4310 Description of Nature, Purpose and Beneficiaries of Project: Amendment to Title 18 of the National City Municipal Code concerning definitions, signs, outdoor advertising displays, outdoor display of merchandise, and retail fish sales, and amendment to Title 9 of the Municipal Code regarding signs bordering freeways. Applicant: City of National City Telephone Number: (619) 336-4310 Exempt Status: ❑ Statutory Exemption. (State type and Section No., if applicable) ❑ Categorical Exemption. Class _, Section (Definition) ❑ Not a project as defined in Section 15378 of CEQA ® Not subject to CEQA (Sec. 15061b3) Reasons why project is exempt: There is no possibility that the proposal will have a significant environmental effect, since the amendment is limited to changes which clarify the regulation of signage and seafood markets and will neither modify any zoning designations nor increase the intensity of use or signage for any property and will maintain regulations concerning the sale of fresh seafood. Date: Steve Ray Principal Planner ® Recycled Paper ORDINANCE NO. 2001 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING NATIONAL CITY MUNICIPAL CODE CHAPTERS 9.32 (ADVERTISING DISPLAYS BORDERING FREEWAYS), 18.04 (DEFINITIONS), 18.16 (COMMERCIAL ZONES), 18.62 (SIGNS AND OUTDOOR ADVERTISING DISPLAYS), AND 18.92 (OUTDOOR DISPLAY OR SALE OF MERCHANDISE) BE IT ORDAINED by the City Council of the City of National City that the National City Municipal Code is hereby amended to read as follows: Section 1. That Chapter 9.32 is amended by changing the title of said Chapter to "Advertising Displays Bordering Freeways". Section 2. That Chapter 9.32 is amended by repealing Section 9.32.030. Section 3. That Title 18, Chapter 18.04 is anted by repealing sections 18.04.602 and 18.04.604. Section 4. That Title 18, Chapter 18.16, Section 18.16.195 is hereby amended to read as follows: 18.16.195 Markets that sell seafood. Markets that sell fresh or frozen seafood that are less than twenty-five thousand square feet hi area shall be located a minimum distance of three hundred feet from any residentially zoned properties. A conditional use permit shall be required for all markets that sell fresh or frozen seafood. This section chail not apply to manufacturers' prepackaged frozen products. Section 5. That Title 18, Chapter 18.62 is amended in its entirety to read as follows: Sections: 18.62.010 18.62.020 18.62.030 18.62.040 18.62.050 CHAPTER 18.62 SIGNS AND OUTDOOR ADVERTISING DISPLAYS Purpose and intent Unlawful display of signs or banners —Prohibited Definitions Site Plan Review required Design 1 Amfndina Titlrc 9 and 1 R 18.62.060 Uniform Building, Electrical and Mechanical Code compliance required 18.62.070 Maintenance 18.62.080 Removal from abandoned site or building 18.62.090 Signs permitted in all zones 18.62.100 Flags and banners —Regulated 18.62.110 Large permanent signs in Commercial, manufacturing and institutional zones 18.62.120 Large permanent signs in shopping centers 18.62.130 Small permanent signs in commercial, manufacturing and institutional zones 18.62.140 Pole -mounted signs in commercial and manufacturing zones 18.62.150 Roof -mounted signs in commercial and manufacturing zones 18.62.160 Revolving signs in commercial and manufacturing zones 18.62.170 Small temporary window signs in commercial and manufacturing zones 18.62.180 Projecting signs in commercial and manufacturing zones 18.62.190 Signs for churches 18.62.200 Mural -type signs in commercial zones 18.62.210 Signs prohibited in all zones 18.62.220 Nonconforming signs 18.62.230 Constitutional severability 18.62.010 Purpose and intent. The purpose and intent of this chapter is to: A. Aid in the identification of properties, land uses and enterprises; B. Improve traffic safety by reducing visual distractions and physical obstructions and hazards; C. Enhance the general appearance and aesthetics of the urban environment; and D. Protect the natural beauty of the city's open space. 18.62.020 Unlawful display of signs and banners —Prohibited. A. Except as provided in this Chapter 18.62, it is unlawful for any person or entity to install, maintain or allow the installation or maintenance of a sign or banner as defined in this chapter in any zone. B. The reference to a specific prohibition in this Section 18.62.020 'hail not affect the validity and effect of the general prohibition set forth in Section 18.02.080 or its application regulating the uses of property outlined throughout the remainder of Title 18 of the National City Municipal Code, nor shall it affect chapter 10.54 prohibiting the maintenance of graffiti as a public nuisance. C. Chapter 18.62 shall not apply to any governmental agency or to any regulatory sign prescribed or required by federal or state law or local ordinance. D. Nothing in this Chapter is intended to authorize the installation of a sign or banner without the permission of the owner or occupant of that property. E. Within this chapter, all regulations shall refer and apply only to "on -site" displays of signs and banners. When a regulation is made applicable to an "off -site" display, it chap be so designated. Unless so designated, off -site displays are prohibited. Ampnrdino Tit1Pc Q arid 1 R 18.62.030 Definitions. As used in this Chapter, and in addition to the definitions in chapter 18.04, the following definitions or concepts shall be applicable: A. "Banner" is any flexible material, such as cloth, plastic, vinyl, paper, cardboard or thin metal, with or without a "message", attached outdoors to a building, structure or mounting device, or attached indoors to a building, structure or mounting device so as to be "visible from the exterior" of a building or structure. The term "banner" includes a "pennant", "flag" or "bunting". B. "Bunting" is a form of "banner" that is typically presented and displayed in a folded or gathered fashion or combination. It may include a display in combination with a "flag" or "banner". Depending on the format of the display, the term may be synonymous with "banner". C. "Business premises" refers to specific business occupancy within a building or upon a parcel of land, typically having a specific address and discrete entrance(s) and exit(s) so as to maintain a specific business identity and location. D. "Changeable copy sign" refers to a sign displaying a `message" that is changed by means of moveable letters, slats, lights, light emitting diodes or moveable background material. E. "Directional sign" is any individual sign used to provide directions to pedestrians and vehicular traffic. It shall not include a grouping or mosaic of individual signs that are arranged in such a manner as to constitute a larger sign F. "Flag" is a form of "banner" that is mounted and displayed outdoors on a pole. G. "Frontage," when used as a measurement reference of a building or business premises, shall refer to the distance between the two most distant corners of a building measured in a straight line along the building face bordering the adjoining street. See Section 18.04.260 pertaining to "frontage" when made applicable to a parcel of land. It Shall also refer to the elevation of a building that abuts or adjoins a private or public right of way or parking lot. H. `Height". The distance measured vertically from grade to the highest point or portion of the object to be measured or height limited. I. "Illuminated sign" means a sign whose message is made readable by internal or external lights or light emitting diodes, typically during hours of darkness. J. "Install" or "installation" includes but is not limited to the act by which a "sign" is constructed or placed on land or a structure, or the act of attaching, painting, printing, producing or reproducing, or using any other method or process by which a visual message is presented or placed upon a surface. K. "Message" means any form of visual communication presented on any type of media. It is not material whether the communication has any logical, practical, literary or artistic significance or not. It includes any form or combination of letters, graphics, symbols or designs. The term is not intended to include mono -color paint applied to the exterior, trim, fascia, or other architectural elements of a building for protection against the elements. L. "Mural" or `mural type sign" means a sign painted on the exterior wall of a building consisting of graphics or images, either alone or in combination with letters. M. "Off -site" or "Off -site sign" refers to a sign or banner that promotes or advertises goods, services or activities located or offered on a business premises or parcel that is separate from the parcel where the sign is located, even if the two sites or parcels are contiguous to each other. 2 Amanrlina Titlnc Q and 1 R N. "On -site" or "on -site sign" refers to a sign or banner that promotes or advertises goods, services or activity located or offered on the business premises or parcel of property where the sign is located. O. "Outdoors" means a location on undeveloped property or to the exterior of a building or structure. P. "Outdoor advertising" refcis to the placement of a message on signs or banners located "outdoors", or located indoors in a manner such that the message is "visible from the exterior" of a building or structure. Q. "Parcels" or `property" or similar references or descriptions shall refer to parcels defined or delineated by Assessor Parcel Numbers maintained by the County Tax Assessor or as defined by Sections 18.04.476 and 18.04.386 of this Code. R. "Pennant" is a banner with three sides. S. "Permanent sign" means a sign that is solidly attached to a building, structure or the ground by means of mounting brackets, bolts, welds or other combination of attachment methods, thereby rendering the sign non -moveable or difficult to reposition without the use of machinery, cutting devices or mechanical devices. See also "temporary sign". T. "Political sign" for the purposes of this Chapter means and is limited to refer only to a sign associated with a comfit -busy to an elected office or a ballot measure to be decided at a specific election. It does not pertain to any other type of message or commentary of political or social expression or nature. U. "Projecting sign" is any sign which projects beyond a building face and uses a wall or vertical element of a building as its main source of support. A projecting sign includes a double-faced sign that is installed more or less perpendicular to the face of a building so as to allow a message to be viewable from either side. A projecting sign does not include signs that are installed along the face of a building and that are completely attached to the face of a building. V. "Shopping Center" shall mean a group of commercial buildings as defined in section 18.04.596. W. "Sign" as used in this Chapter 18.62, shall generically refer to any medium through which. a "message" is conveyed which is placed "outdoors" in any zone or is "visible to the exterior" of a commercial or industrial building or structure. It shall include a "banner" and any of the following: (a) Any "advertising display" defined in Section 9.32.010. (b) Any "message" painted, printed or otherwise produced or affixed on or to: (1) The exterior of a building or structure; or (2) A rigid or semi -rigid material or surface, such as wood, metal or plastic, attached to a building, structure or pole, or which is itself free-standing; or (3) An inflatable balloon or other three-dimensional object that is tethered or fastened to a building, structure, pole or the ground. X. "Temporary sign" means a sign that is easily moveable and which is not attached to a building, structure or the ground in such a manner as to be rendered a `permanent sign". Y. `Visible to the exterior" refers to the placement of a sign or banner within the interior first eight feet of a commercial or industrial building or structure in such a manner so that it or its message is readily visible on an immediately contiguous public right-of-way, parking lot or parcel. To be visible does not require that the mecssige be understandable or readable. A Amami/Una Tit1vc Q an(1 1R 18.62.040 Site Plan Review required. A. Except as exempted in Section 18.62.040B, signs allowed by this chapter may not be installed until a site plan review is conducted (see Chapter 18.128), and a finding of compliance with the design criteria in Appendix A of the National City Land Use Code by the Planning Director is completed. Signs that are not consistent with the design criteria outlined in Appendix A of the National City Land Use Code may not be installed. This determination may be appealed pursuant to the provisions of Chapter 18.128, and Sections 18.134.010 and 18.034.020. B. Site planreview shall be limited to considerations of the location, installation or placement, size, public safety and sight distance, view blockage, and comparable matters, and not to the content of the message conveyed by the sign or banner, except when the publication of such message is unlawful. C. Site Plan review is not required for signs allowed by Sections 18.62.090, 18.62.100 and 18.62.170. 18.62.050 Design. The design of all signs shall comply with the design guidelines described in Appendix A of the National City Land Use Code, "Standards for On -Premises Signs." It shall be the duty of the Planning Commission to interpret these guidelines in the manner prescribed in Section 18.134.020. 18.62.060 Uniform Building. Electrical and Mechanical Code compliance required. No sign shall be installed that does not comply with the applicable Uniform Building, Mechanical and Electrical Codes adopted by the City. Permits for installation shall be obtained, when required, prior to any installation, from the director of Building and Safety. 18.62.070 Maintenance. All signs and their supporting structures and components Shall be maintained in a state of safe condition and good repair. Signs shall be "face washed" at least once a year. Electrically energized components must bear the seal of approval of an approved testing laboratory. Broken faces and burned -out lamps, bulbs or tubes 'mist be replaced within thirty days from the date of notification from the City. 18.62.080 Removal from abandoned site or building. When the use of any parcel or building is vacated, terminated or abandoned for any reason for a period of more than one hundred twenty (120) consecutive days, the owner or person in possession of the property shall be responsible for the physical removal of all signs on the property, building or walks), and for painting over the surface so as to obliterate any painted or printed signs on the building so that the copy is not visible, within thirty (30) days following notice from the City. Removal, painting out or obliteration shall be performed in a manner that does not create a blighting influence. 18.62.090 Signs permitted in all zones. The following signs shall be permitted in all zones. Site Plan Review pursuant to Section 18.62.040 shall not be required. A. Temporary signs on construction sites having the following specifications shall be permitted in all zones: 1. The maximum total area for signs at residential construction projects shall be twenty square feet. Ampndina Titles 0 and 1 R 2. The maximum area of signage at other construction projects shalt be fifty square feet. 3. All signs must be removed prior to and as a condition of the final inspection and approval of the project. B. A maximum of two (2) temporary real estate signs for the sale or lease of property may be installed on developed or undeveloped property in all zones, with the following requirements and specifications for the sign: 1. The maximum area of signage allowed per parcel per street frontage in commercial and industrial zones shall be a total of fifty (50) square feet. 2. The maximum area of signage allowed per parcel per stmet frontage in residential zones is six (6) square feet. 3. .Signs shall be unlighted only. 4. Signs shall be removed within seven (7) days following the lease or sale of the premises on which the sign is displayed, C. Temporary off -site signs pertaining to and in connection with the sale or leasing of housing, business, and industrial subdivisions within the City shall be permitted in all zones, subject to the following requirements: 1. The maximum area of all signs shall be limited to one hundred square fret. 2. Signs shall not be located within required setback areas. 3. Any message on signs located within six hundred sixty feet (660') of any freeway shall not be oriented towards or viewable from a freeway. 4. Signs shalt be unlighted only; reflective or fluorescent materials or exterior coatings shall not be used. 5. Signs shall be not installed for more than 180 days. D. One identification sign not exceeding one hundred square feet, or two identification signs not exceeding fifty square feet each shall be permitted for multi -family dwellings and apartments, clubs, lodges, and similar uses. E. Political signs are allowed in all zones, subject to the following provisions: 1. No political sign shall be placed on the public right-of-way, streets or sidewalks or on public property or structures. If a sign is placed on the public right-of-way, on public property or a public structure, the Director of Public Works shall remove the sign and assess a charge for removal to the person or entity responsible for the placement of the sign, or on whose behalf the sign was placed. (660') of a 2. Messages on signs located within six hundred sixty feet freeway shall not be oriented towards or viewable from a freeway. 3. All political signs shall be removed no later than seven days following the corresponding election. 4. Individual signs shall not exceed thirty-two square feet in size. F. Directional signs which do not exceed three (3) square feet in size per sign. G. Temporary on -site or off -site signs including inflatable displays advertising special events which have been permitted under Chapter 15.60, may be allowed in all zones no earlier than thirty (30) days before and no later than five (5) days after the event. H. The display on any parcel of any single sign, flag or banner that is less than six (6) square feet in area, except that if a home occupation permit has been issued for a residential parcel, this exemption shall not apply and that property shall be subject to all the requirements of this chapter. Amenriinn Titlx Q annl 1R I. Other signs that the Planning Commission determines to be consistent with the purpose and intent of this chapter shall be allowed. 18.62.100 Flags and banners —Regulated. A. Flags and banners may be displayed on automobile sales lots without time limitation or site plan review provided that: 1. The displays are properly maintained; 2. Displays are limited to the perimeter of the lot; 3. Displays do not exceed a height of twenty-five feet above the ground. B. Flags and banners may be displayed on other commercial and industrial uses for a cumulative period of sixty (60) days within each calendar year. The time limit commences when a banner permit is issued by the Planning Director. The sixty-day period may be divided into two occasions per calendar year, provided the total display time does not exceed sixty (60) days per calendar year. A banner permit fee and an administrative fee in an amount representing the anticipated City enforcement costs in causing the applicant to remove flags or banners shall be paid to the City Treasurer at the time of application for site plan review. The administrative fee shall be refimded upon the verified removal of the flag or banner by the specified deadline. C. The following shall apply to all displays of flags and banners: 1. Flags and banners must be removed by the owner or occupant within fifteen (15) days after a determination by the Planning Director that the display is improperly maintained or the flag or banner is tattered or worn. 2. Flags and banners shall not be displayed in lieu of a permanent sign. 3. Violation of the time limits established by section 18.62.100B shall render the site ineligible for issuance of a permit for display of a banner for a period of one year from the date that the violation is abated. 4. The restrictions of this Section 18.62.100 shall also apply to signs and banners located within the first eight feet (8') of the interior of commercial or industrial premises when such sign or banner is visible to the exterior. 18.62.110 Large permanent signs in commercial. manufacturing and institutional zones. Except in shopping centers, large permanent signs exceeding twenty-five (25) square feet in area may be installed on or along the face of a building in commercial, manufacturing or institutional zones, subject to the following specifications and restrictions: A. Signs shall be limited to one sign per business premise per frontage along a street, freeway or parking lot. B. Sign area on the primary frontage shall not exceed thirty percent (30%) of the area of the building face or four square feet of sign for each lineal foot of building face along that frontage, whichever is greater. C. Sign area on a secondary frontage shall not exceed fifteen percent (15%) of the area of the building face or two square feet per lineal foot of secondary frontage, whichever is greater. D. The sign face shall not be located, such as by a cabinet, deep lettering dr architectural feature, more than eighteen inches (18") from a building face unless an exception is approved pursuant to site plan review. Amen/line Tithe Q anti iR 18.62.120 Large permanent signs in shopping centers. Large permanent signs for businesses within a shopping center shall be limited to one per business premises per frontage on a common walkway, parking lot, driveway, alleyway, street or freeway. The size and placement of these signs shall conform with the standards specified by section 8.62.110C and D, as well as standards that may be applied through any required City Council or Planning Commission approval, including but not limited to a conditional use permit, planned development permit, specific plan or variance. 18.62.130 Small permanent signs in commercial. manufacturing and institutional zones. Any permanent sign measuring less than twenty-five square feet and not described elsewhere in this chapter shall be considered a small permanent sign that shall only be permitted in commercial, manufacturing and industrial zones as follows: A. Small permanent signs shall be permitted only in windows or along the face of a B. The total area of all small permanent signs and any allowable small temporary signs combined shall not exceed ten percent (10%) of the wall or elevation on which the sign is placed. 18.62.140 Pole -mounted or freestanding signs in commercial and manufacturing zones. Pole -mounted or freestanding signs are permitted in the commercial and manufacturing zones, subject to the following requirements: A. Pole signs or freestanding signs shall be limited to one sign per frontage on street, freeway or parking lot and may include a cluster sign identifying individual businesses on the dl(s)• B. The total area of any sign installed along the primary frontage shall not exceed four square feet per lineal foot of property on the primary frontage. C. The total area of any sign installed along each secondary frontage shall not exceed two square feet per lineal foot of property on the secondary frontage. D. Sign structures shall not be placed within the required setback area, except that projecting signs may protrude into or overhang a maximum distance of one-half of the setback. 18.62.150 Roof -mounted signs. A. Except as provided in subsection B, signs shall not be installed on roofs in any zone. B. Roof signs may be authorized in commercial and manufacturing zones if the Planning Commission determines that no other form of sign arrangement can effectively serve to advertise on -premises goods, services, or businesses. The maximum total area of a roof sign shall not exceed thirty percent (30%) of the area of the front building face of the building upon which the sign is to be located. Authorized roof -mounted signs shall not project outward over the face of the building 18.62.160 Revolving signs in commercial and mannfactnrin . zones. Signs that revolve shall be restricted to those that rotate three hundred sixty degrees and no more than eight revolutions per minute. Revolving signs shall be permitted only in commercial and manufacturing zones. Anmvndina Titlac Q owl 1 R 18.62.170 Small temporary window signs in commercial and manufacturing zones. One or more temporary signs, each of which is less than twenty-five square feet in area, shall be permitted per parcel in commercial and manufacturing zones. Temporary signs shall not be fastened directly to the exterior wall or face of any building. Such signs may be displayed in windows or on display boards, provided the combined total area of all signs does not exceed ten percent (10%) of the area of the building face upon which the signs are mounted. (See Section 18.62.100 for icsteictions on flags and banners). 18.62.180 Projecting signs in commercial. manufacturing and institutional zones. A projecting sign may be permitted in all commercial, manufacturing and institutional zones, subject to the following conditions: A. Projecting signs shall not project over any public right-of-way, including streets or alleys, except as provided in Subsection D. B. The maximum height of projecting signs shall be twelve feet, and may project above any eave or parapet of less than twelve feet in height, but may not project inward over any such cave or parapet. C. The maximum area of a projecting sign shall be thirty-two square feet. D. Projecting signs may project over street parkways and required setback areas a maximum of one-half of the street parkway or setback width, but in no case shall the projection exceed that allowed for marquee signs as set forth in Appendix A of the National City Land Use Code. For the purpose of this section, "street parkway" is defined as that part of the public street right-of-way lying between the front property line and the edge of the roadway. E. No more than one projecting sign shall be placed on each street frontage per business premises. F. A projecting sign shall be permitted only in lieu of a freestanding or marquee sign, and may not be utilized in addition to a freestanding or marquee sign. G. Projecting signs shall be supported so as to appear to be an architectural and integral part of the building. The sign shall be free of any extra bracing, angle iron, guy wires, or cables. 18.62.190 Signs for churches. Churches may display one wall mounted sign not to exceed twenty square feet in area, and one freestanding changeable copy directory sign not to exceed six feet in height and twenty square feet in area; provided, however, that the signs shall be architecturally related to the structure to which they are appurtenant. Any illumination of the sign is to be achieved only through the use of non -flashing, indirect or internal lighting, and shalt not reflect upon other properties. 18.62.200 Mural -type signs in commercial zones. Mural -type signs not exceeding one hundred ten square feet in area shall be allowed in commercial zones in lieu of a fixed sign. 18.62.210 Signs prohibited in all zones. Notwithstanding Section 18.62.020A, the following signs are strictly prohibited in all zones: A. Signs that obstruct any window, door, or opening used or required as a means of regular ingress and egress, legal light and ventilation, as a fire escape or other emergency access or escape. B. Signs placed on public property or within the public street right-of-way C. Signs placed on property without permission of the property owner or occupant. D. Signs on fences. ft Ampntiina Tithe Q anti 1R E. Except as provided in Section 18.62.090B, 18.62.090C or 18.62.090F, signs on vacant or unimproved land. F. Any sign whose intensity of illumination, or size, shape or location interferes with the safe operation of a vehicle or creates distraction to the operator of a motor vehicle on adjoining public streets. G. Animated and flashing signs exceeding the following limits or restrictions: 1. Flashing signs are limited to a maximum illumination equivalent to incandescent bulbs of sixty watts per bulb maximum, and shall not flash more than sixty times per minute. "Chasers" are prohibited. 2. High intensity neon lights, tubes or "flashing" lights exceeding sixty watts are prohibited on animated or flashing signs. 3. -Rotating beacon -type lighting elements on signs are prohibited. H. Off -site signs, including billboards, except as allowed by Section 18.62.090. I. Temporary signs, except as permitted by Section 18.62.170. J. Inflatable signs and displays, unless authorized pursuant to a temporary use permit issued under chapter 15.60. K. Signs mounted on motor vehicles that are in violation of Section 7.20.150, or signs exceeding twenty-five (25) square feet mounted on motor vehicles parked for more than 8 hours in any 24-hour period on private property. 18.62.220 Nonconforming signs. Any sign that is made non -conforming by enactment of Ordinance may continue to be maintained or displayed, subject to the provisions of Section 18.108.150 regarding the continuance and abatement of nonconforming signs. 18.62.230 Constitutional severability. The City Council declares that the judicial invalidity of any section or portion of this chapter shall not affect the validity of any other remaining section or portion; that the Council would have adopted each of those remaining portions, notwithstanding any later declared invalidity. If any provision determined invalid under the preceding sentence can either be judicially severed or interpreted in a way that could harmonize it with the remaining provisions, then it may be severed or interpreted and applied so as to give full purpose, meaning and effect to the remaining provisions of this chapter. Section 6. That Title 18, Chapter 18.92 is amended in its entirety to read as follows: Chapter 18.92 OUTDOORS DISPLAY OR SALE OF MERCHANDISE Sections: 18.92.010 18.92.020 18.92.030 18.92.040 Outdoors display or sale of merchandise prohibited --General Permitted displays Special promotions Seasonal sale of Christmas trees and pumpkins 111 Anwmlino Titiaa Q oriel lit 18.92.010 Outdoors display or sale of m rchandis ' prohibited —General. A. The outdoors display or sale of merchandise on public or private property is unlawful, except as provided in this chapter or Chapter 7.21. Merchandise is displayed outdoors when it is placed to the exterior of a building or structure. B. The inclusion of a specific prohibition in this Section 18.92.010 shall not affect the general prohibition set forth in Section 18.02.080 or its application creating restrictions on the uses of property outlined throughout the remainder of Title 18 of the National City Municipal Code. C. The term "merchandise" is as defined in Section 10.22.010 and means any tangible object of nominal or value greater than one cent ($.01), including, but not limited to, all manufactured products, food, goods and flowers, but excluding `newspapers" defined in Section 10.22.010D. 18.92.020 Permitted displays in commercial and industrial zones. A. In commercial and industrial zones, service stations, auto dealers, recreational vehicle sales lots, nurseries, licensed flower shops, and building material yards may display merchandise outdoors only on the same site approved for the business. B. Other businesses in commercial and industrial zones shall not display or sell merchandise outdoors except pursuant to a determination by the Planning Director under Section 18.104.040 that the display would be customary with that type of business and consistent with or comparable to the types of uses described in Section 18.92.020A. 18.92,030 Special promotions. A. Except as allowed by Section 18.92.020, all other businesses in the commercial and industrial zones are permitted to have special promotions at which outdoors display and sales will be allowed, limited to a maximum of three consecutive days each, including all set-up and takedown time. No business shall have more than two such sales in a calendar year. There chall be a period of at least thirty days between sales. B. Special promotions involving outdoor display of merchandi' which are to last more than three days, or would involve more than two such sales in any calendar year, are not allowed. unless City Council approval in accordance with Chapter 15.60 is first obtained. All sales shall be limited to the site approved for the business. C. No business shall conduct a special promotion with an outdoors display on a property unless the business has a permanent business address on that property. This restriction shall not apply to sales conducted entirely indoors. 18.92.040 Seasonal sale of Christmas trees and pumpkins. A. The seasonal sale of Christmas trees and pumpkins outdoors is permitted only in commercial zones on property developed with a commercial use or on vacant property in a commercial zone. B. Displays and sales of Christmas trees and pumpkins are limited to thirty-five (35) days each, including installation and removal of all related materials. A business license shall be obtained each year prior to setting up displays. Section 7. That the City Council finds that the proposed Code Amendment to Chapter 18.16 is consistent with the General Plan, since the General Plan contains policies that encourage the careful review of uses which may not be compatible with adjoining neighborhoods and business districts. The Conditional Use Permit and distance requirements will ensure that seafood odors do not adversely impact surrounding properties, while the exemption for frozen 11 Amnntline Titlna 0 area 1 R seafood will avoid an unnecessary review process, which can discourage establishment of new business, and one of the economic development goals of the General Plan is to proide a favorable climate for attracting new, high -quality business activity into the City. Section 8. That the City Council finds that the Code amendments to Chapter 18.04, 18.62 and 18.92 concerning definitions, signs, outdoor advertising displays, outdoor displays . of merchandise, and signs bordering freeways, are consistent with the General Plan, as the General Plan calls for review of National City's zoning and development ordimes to achieve implementation of General Plan policies and programs, as well as to implement standards to improve signage to support compatibility with adjacent land uses and strengthening of the overall business environment, and the proposed changes are needed to facilitate enforcement and to clarify existing requirements for signage, and also to reduce signage in limited situations where excessive temporary signs could be installed or placed, while maintaining opportunities for business advertising. Section 9. That the City Council finds that the proposed amendments are exempt from the California Environmental Quality Act (CEQA), on the basis that there is no possibility that the proposal will have a significant environmental effect, since the ameendments.will modify the Code requirements regarding the regulation of seafood markets, definitions, outdoor advertising displays, outdoor displays of merchandise, and signs bordering freeways, and will neither modify the zoning designations nor increase the intensity of use for any property. PASSED and ADOPTED this day of 2001. AHEST: Michael R. Dalla City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney George H. Waters, Mayor 1'1 Amt ntiino Tit1p t 9 anti 1 R City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE November 20, 2001 AGENDA ITEM NO. 2 (-ITEM TITLE CONTINUED PUBLIC HEARING — SPECIFIC PLAN AND SUBDIVISION FOR 42 SINGLE-FAMILY RESIDENTIAL PARCELS ON THE SOUTH SIDE OF PARADISE VALLEY ROAD EAST OF THE TERMINUS OF E. 8TH STREET (APPLICANT: SIMON AND RICHARD CONSTRUCTION CO. INC.) (CASE FILE NOS.: SP-2000-1, S-2000-3, IS-2000-10) PREPARED Y Jon Cain - Associate Planner EPA T ENT Planning EXPLANATION The Council conducted a public hearing on this item on November 6. Based on citizen concerns and the late submission of revised plans for the project, the Council voted to continue the hearing. The attached background report describes the latest information on the project. Environmental Review N/A Mitigated Negative Declaration proposed Financial Statement N/A Account No. STAFF RECOMMENDATION Staff recommends approval of the Specific Plan and subdivision reflecting 38 single-family lots with a minimum 6,500 square foot lot size and typical 50 feet of street frontage. BOARD / COMMISSION RECOMMENDATION. 1'he Planning Commission voted to recommenddenial of the Specific Plan and subdivision. Vote: Ayes — Parra, Flores, Ungab, Baca Abstaining — Valderrama, Reynolds, Detzer rnleA_'.., ` 1TLL@po t 2. Revised Possible Findings for Approval 3. Revised Possible Conditions of Approval \4. Alternate Biology Condition A-200 (9/80) Listed Belo ) 5. Citizen petition and le solution No. 6. National School District letter dated 11/13/01 7. Applicant's Revised Plans (Exhibit A-2nd Revision) 8. November 6 Council report with attachments BACKGROUND REPORT The Council continued this item following a November 6 public hearing to allow the applicant to meet with residents to discuss revised plans submitted the day of the hearing. The Council also asked staff to revise mitigation measures and findings pertaining to biology. At the public hearing, there was testimony both in opposition to and in favor of the project. The applicant described the new proposal and asked for changes to conditions regarding sidewalk improvements and biology mitigation measures. The Specific Plan and subdivision are proposed on 16.5 acres of vacant property on the south side of Paradise Valley Road. Revised plans show 38 single-family lots and two open space lots rather than the 42 single-family lots previously proposed. The minimum lot size has increased to 6,500 square feet from the 5,000 square feet originally proposed, and the typical street frontage has increased to 50 feet rather than 40 feet. Nine lots, seven in the cul-de-sacs and two panhandle lots, will have less than 50 feet of street frontage. The new lots will have the same general location as the original proposal, although there are some changes to the grading plan which involve additional retaining walls three to ten feet tall. Minimum pad sizes have increased by over 400 square feet, and will now range from 3,600 to 4,200 square feet with five pads at 4,600 square feet or larger. The two open space lots are proposed to be deeded to the owner of the Wellington Estate and become part of that property. Most of the new retaining wall area proposed by the project will be behind new homes, although some of the additional wall area will be along Paradise Valley Road and at the ends of the cul- de-sac proposed as part of the project. The proposal shows a 90-foot diameter cul-de-sac, which will need to be increased to 96 feet to comply with Engineering conditions for minimum street requirements (see condition of approval #4). The project engineer indicated that this condition could be met. The revised plans better comply with the RS-1 General Plan/Zoning designation for the site than the previous proposal. The revisions result in larger usable yard areas, increased area for on - street parking, and more privacy. The 6,500 square foot minimum lot size and 50-foot minimum frontage comply with the standards that would be applied to a Planned Unit Development in this zone. Also, the project density is 2.6 units per acre where 4.4 units per acre are allowed in the zone. The Council discussed the biology report and suggested the deletion of several mitigation measures pertaining to biology (see condition #32). These mitigation measures were recommend by the California Department of Fish and Game and U.S. Fish and Wildlife Service. The Initial Study originally prepared for the project had identified less stringent mitigation measures based on input from the applicant's biology consultant. Finding for approval #6 has been modified as requested by Council. The applicant asked that condition #4 be modified to eliminate the requirement that the applicant construct a sidewalk on Paradise Valley Road east of the new street. This is a standard Engineering requirement and the attached condition remains as shown in the previous report. Condition #40 has been revised to clarify that no structures will be permitted in the Open Space areas identified on the tentative map. A REVISED FINDINGS FOR APPROVAL OF THE SPECIFIC PLAN 1. Find that the project will not have a significant effect on the environment and adopt the proposed mitigated negative declaration. 2. That the revised mitigation measure pertaining to potential biological impacts is more effective in mitigating or avoiding potential impacts than that described in the Initial Study and that it in itself will not cause any potentially significant impact on the environment. 3. The proposed plan is consistent with General Plan policies which encourage the following: retention and enhancement of existing hillsides, development at lower densities in areas with steep slopes, a higher rate of home ownership, production of new housing for the moderate and middle income ranges, and the infilling of vacant lots with single family homes, and the preparation of a Specific Plan for the project area. 4. That the project is consistent with the Single -Family Large Lot General Plan designation, since the project provides for single-family homes at a density of 2.6 units per acre in an area where a density of up to 4.4 units per acre is permitted, and since an average lot size of over 16,500 square feet is provided in an area of 10,000 square foot lots. REVISED FINDINGS FOR APPROVAL OF THE TENTATIVE SUBDIVISION MAP 1. Find that the project will not have a significant effect on the environment and adopt the proposed mitigated negative declaration. 2. That the revised mitigation measure pertaining to potential biological impacts is more effective in mitigating or avoiding potential impacts than that described in the Initial Study and that it in itself will not cause any potentially significant impact on the environment. 3. The proposed map is consistent with the National City General Plan since it provides for retention and enhancement of existing hillsides, development at lower densities in areas with steep slopes, a higher rate of home ownership, production of new housing for the moderate and middle income ranges, and the infilling of vacant lots with single family homes. Additionally, the map is consistent with and will carry out the proposed specific plan for the property. 4. The site is physically suitable for the proposed type of development, since the site is in a single-family residential area and contains gently sloping areas that can accommodate the proposed homes without import or export of soils. 5. The site is physically suitable for the proposed density of development, since the 16.5-acre can accommodate building pads for 38 homes at a density of 2.6 units per acre while preserving steep slopes and biologically sensitive areas. 6. 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. 7. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, since all necessary public services will be provided. 8. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, since existing easements on the property will remain in place and new homes will be located outside the easement boundaries. 9. The discharge of sewerage waste from the subdivision into the City of San Diego sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6. 10. 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. 11. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. REVISED CONDITIONS OF APPROVAL This Specific Plan and Subdivision authorizes the development of 38 single-family homes. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A-2"d Revision dated 11/6/2001, Exhibits B and C dated 3/16/2001, and Exhibit D dated 6/14/2001, case file nos. SP-2000-1, S-2000-3. 2. A hydrology study (100 year flood) shall be submitted for the review and approval of the City Engineer. The study shall consider the area from the project area to the closest municipal storm drain collection pipe inlet. The study shall consider the adequacy of the existing system to convey any additional runoff. All hydrology study findings and recommendations shall be part of the Engineering Department requirements. 3. A drainage plan shall be submitted for review and approval by the City Engineer showing all of the proposed and existing on- 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 development shall be implemented with the design of the grading plan. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. 4. Separate street improvement plans prepared by a Registered Civil Engineer showing all of the existing and proposed improvements shall be submitted for review and approval by the City Engineer. The plans shall be in accordance with City requirements. The cul-de- sac shall have a minimum diameter of 96 feet. The street right-of-way shall be 50 feet wide with a 6-foot wide utility easement on each side. Sidewalks shall be 5 feet wide and the street width shall be 40 feet curb -to -curb. All missing street improvements on Paradise Valley Road (approximately 2100 linear feet of curbs, gutters, and sidewalks) shall be constructed. All street improvements shall be in accordance with City standards. 5. 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, and shall adjust the sprinkler heads so as to prevent overspray upon the public sidewalk or streets. 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, its successors or assigns shall 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. 6. For PVC irrigation lines in the public right-of-way, a metallic identification tape shall be placed between the bottom layer of the finished surface and the top of the lines. 7. A soils engineering report shall be submitted for review and approval by the City Engineer. The report shall address the stability of all the existing and proposed slopes on the property. It shall also address the stability of the building pads, the criteria for new retaining wall design, the maximum allowable soil bearing pressure, and the required pavement structural sections for the proposed streets, parking areas, and driveways. The street pavement sections shall be in accordance with Regional Standard Drawing G-24 with National City modifications. All soils report findings and recommendations shall be part of the Engineering Department requirements. 8. The method of sewage and collection disposal shall be shown on the street improvement plans. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. A sewer permit will be required unless a letter of approval from the City of San Diego verifying connection to the City of San Diego sewer main is submitted. 9. The new pedestrian ramps at the intersections shall be per ADA requirements and the Regional Standard Drawing. 10. A new street light is required at the intersection of Street A and Street B and at each cul- de-sac. The street light and location shall comply with City standards and ADA requirements. The feasibility and electrical energy availability of the street light shall be verified with the Public Works Department prior to its final approval and installation. 11. The existing and proposed curb inlet on the property shall be provided with a "No Dumping" tile in accordance with the NPDES program. 12. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way and the drainage construction on private property. 13. A cost estimate shall be submitted with the plans. A performance bond equal to the approved cost estimate for all of the proposed grading, drainage, street improvements, landscaping, and retaining wall work 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 will be subject to adjustment. 14. A title report shall be submitted to the Engineering Department for a review of all existing easements and the ownership at the property. 15. Separate traffic signal plans will be required for the intersection of Plaza Boulevard and Street B. The plans shall show new traffic signals and loops. 16. An NPDES permit is required for discharges of storm water runoff associated with construction activity where clearing, grading, and excavation results in a land disturbance. A construction stormwater permit shall be obtained from the Regional Water Quality Control Board. A copy of the permit shall be given to the National City Engineering Department prior to any work beginning on the project. 17. A final map is required. The final map shall meet all of the requirements of the Subdivision Map Act and the National City Municipal Codes including certification, acknowledgment, complete boundary information and monumentation. 18. The subdivider shall submit an approval letter from Sweetwater Authority stating that fire flow requirements have been met. If additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Authority prior to obtaining the final map approval. 19. Separate water and sewer laterals shall be provided to each lot. 20. The developer shall bond for the monumentation, 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 map. E 21. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 22. The final map shall be recorded prior to issuance of any building permit. 23. All new property line survey monuments shall be set on private property, unless otherwise approved. 24. The final subdivision map shall be prepared by a California registered civil engineer with registration number 33965 or lower, or by a California licensed land surveyor. 25. The final 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 map. Two measured ties from the boundary of the property to existing horizontal control stations. shall be shown. 26. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 27. All retaining 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. 28. The final map shall be in substantial conformance with the tentative map depicted in Exhibit A-2"d Revision dated 11/6/2001, case file nos. SP-2000-1 and S-2000-3. Minimum lot area shall be 6,500 square feet with 50 feet typical street frontage. 29. Landscaping in the public right-of-way shall be installed in conjunction with the installation of public improvements. 30. Buildings shall be in substantial conformance with those depicted in Exhibit C dated 3/16/2001, case file nos. SP-2000-1 and S-2000-3. 31. To mitigate potential archaeological impacts on the site, an archaeologist shall field check the flat areas of the property during or following the clearing of vegetation on the property, prior to grading. 32. To mitigate potential biological impacts, the following mitigation measures shall be carried out: A. Construction, including clearing and grading, should occur outside of the bird breeding season (February 15 to August 30). If construction is proposed during the breeding season, a qualified biologist shall conduct a pre -construction survey of the project site and surrounding habitat to determine whether there are active nests in the area. The results of this survey shall be submitted to the Planning Department for review and approval prior to commencement of any construction activity. If an active nest is observed, a minimum 300-foot buffer between the nest and construction activities shall be observed as long as the nest is active. 33. To mitigate potential noise impacts on the proposed homes from the street, a 6-foot high sound attenuation wall shall be provided along the top of the fill slope along Paradise Valley Road. This bottom four feet of this wall shall be constructed with solid material such as masonry block, and the top two feet of the wall shall be constructed of clear Plexiglas. Prior to issuance of grading and building permits, an acoustical study shall be performed to verify the adequacy of the proposed sound attenuation walls. 34. A paleontologist shall be notified prior to the commencement of grading for the project. Evidence shall be submitted to the Planning Department indicating that notice has been given. 35. Minimum 18-foot front yard setbacks and minimum 10-foot deep usable rear yards are required for all new homes. 36. The following shall be carried out to provide for maintenance of slopes and natural areas: A. The developer shall provide a declaration of covenants, conditions, and restrictions, running with the land, setting forth privileges and responsibilities including the duty to maintain all graded and landscaped slopes in the Specific Plan and to preserve all natural slopes in the Specific Plan area that are not proposed for transfer to the adjacent property owner. The CC&Rs shall be subject to approval as to content and form by the City Attorney and Planning Director and shall be provided prior to recordation of the final map. The CC&Rs shall grant the City the authority but shall not obligate the City to assume maintenance of these areas and assess the full cost, including overhead costs therefor, as a lien or special tax assessment against the properties if said properties are not adequately maintained. B. A corporation, association, property owners' group, or similar entity shall be formed with the right to assess all the properties in the entire development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all graded, landscaped slopes and natural slopes in the Specific Plan area that are not proposed for transfer to the adjacent property owner. Such entity shall operate under recorded conditions, covenants, and restrictions approved by the City Attorney as to form and content, which shall include compulsory membership of all owners and flexibility of assessments to meet changing costs of maintenance, repairs and services. 37. Ownership of natural slope areas identified as open space lots 39 and 40 on the tentative map (Exhibit A-2nd Revision dated 11/6/2001, case file nos. SP-2000-1 and S-2000-3) shall be transferred to the owner of the Wellington Estate, who shall be responsible for all necessary maintenance, including landscape maintenance as needed. Subject to terms and conditions as shall be agreed upon by the grantor and grantee, an escrow account shall be opened into which a deed shall be deposited transferring ownership of this property upon recordation of the fmal map. A lot line adjustment shall be processed as a condition of the escrow to ensure that the deeded area will become a part of the Wellington Estate property. Title shall pass upon recordation of the final map. 38. Landscaping and irrigation for cut and fill slopes shall be installed at the time of grading in substantial conformance with Exhibit B dated 3/16/2001, case file nos. SP-2000-1 and S-2000-3. A detailed landscape and irrigation plan prepared by a California registered Landscape Architect, including plant types, method of planting, etc. shall be submitted for review and approval by the Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. a 39. A detailed landscape and irrigation plan for the upper, "transitional" slope areas prepared by a California registered Landscape Architect, including plant types, method of planting, etc. shall be submitted for review and approval by the Planning Director. These areas must be landscaped, irrigated, and maintained to the satisfaction of the City. 40. Construction of new homes shall be limited to level pad and yard areas as identified on the final map. No accessory structures shall be constructed on preserved natural slopes or cut/fill slopes within the Specific Plan area without an Approval of Plans from the Planning Commission. Accessory structures or any other new construction shall be prohibited in the Open Space areas identified on the tentative map (Exhibit A-2nd Revision dated 11/6/2001, case file nos. SP-2000-1 and S-2000-3). 41. The entryway to the project shall include enhanced landscape features and other defining elements to the satisfaction of the Planning Director. 42. Prior to recordation of the final map, the applicant shall 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 the Specific Plan and Subdivision 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. 43. Approval of the tentative map expires two (2) years after adoption of the resolution of approval at 5:00 p.m. unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by Section 66452.6 (e) of the California Government Code. ALTERNATE BIOLOGY CONDITION 32. To mitigate potential biological impacts, the following mitigation measures shall be carried out: A. Construction, including clearing and grading, should occur outside of the bird breeding season (February 15 to August 30). If construction is proposed during the breeding season, a qualified biologist shall conduct a pre -construction survey of the project site and surrounding habitat to determine whether there are active nests in the area. The results of this survey shall be submitted to the Planning Department for review and approval prior to commencement of any construction activity. If an active nest is observed, a minimum 300-foot buffer between the nest and construction activities shall be observed as long as the nest is active. B. Cut slopes above the mid -slope terrace shall be landscaped with native species only. A Coastal Sage Scrub revegetation plan shall be included in landscape plans submitted for the review and approval of the Planning Department prior to issuance of grading permits for the property. C. Offsite mitigation for the loss of Coastal Sage Scrub is required at a ratio of 2:1. This mitigation shall be in the coastal region of southern San Diego County in an area that supports cactus wrens and that is within a Biological Core Resource Area or in a Wildlife Agency -approved mitigation bank. D. Offsite mitigation for the loss of NNG (grassland) is required at a ratio of 0.5:1. The mitigation area shall be purchased in acres of equivalent habitat within a Wildlife Agency -approved Biological Resource Core Area or mitigation bank. E. The proposed best management practices program for the site shall address the potential for increased volume and velocity of runoff from the site to affect Paradise Creek. Plans shall be developed with the consultation of the California Department of Fish and Game. F. Adequate surveys for the California gnatcatcher shall be conducted in compliance with U.S. Fish and Wildlife Service Survey Protocol (1997) prior to the issuance of grading permits. Survey results shall be submitted to the U.S. Fish and Wildlife Service and Planning Department for review. If the survey concludes that gnatcatchers are present or if the applicant wishes to forego the survey requirement, take authorization- will be required per the Endangered Species Act. Petition ATTONAL CITY PLANNING DEPARTMENT' L. v1i.111 To: National City Plapping Commission, and National City City Council We, the undersigned citizens of National City oppose the planned subdivision for 42 single- family residential parch on the south side of Paradise Valley'Road east of the terminus of B. 13s` Street, Case file Nos, SP-2000-1, g-2001-2, IS-MO-10. We believe the proposed project would be detrimental to the quality of life in National City for the following reasoner homes and the creationof a new access road. and street, on the proposed 10 • 4t± acres, less unbuildable and graded areas is an unacceptable average per residence. • Proposes high-densitybossingwith narrow lots and very limited recreational areas. The proposed subdivision of 5000 square foot lots with a width of 40 feet and 15 foot setbacks is not even the minimum residential requirement in National Qty. • Inadequate off street parking per residence. • No provision for on -going maintenance of green areas nor individual properties • The property currently shows heavy erosion. There n3 no provision for halting nor improving potential erosion in the long term. • Citizens of National's its woultlbe heavily impacted. by the increased traffic on. Paradise Valley Road, B. 8a` streets and Plaza Blvd, all with a high traffic and high ineidenoes of traffic accidents. • There are inadequate provisions for the protection of mitigating plants and animals. t A.ddrep Signature if-� 4. D ��. Name `U- . City 2. 44A /oN City 4. Si Name )/Z7 •.,1)1/Z A, co StreeVAddress rapt/ City 727 A,qi, la PA - Street __ 41,il )1 yr 6 rn Petition NATIONAL CITY PLANNING DEPARTMENT CCU' 012Q01 WE T 0 1 To: National City Planning Commission, and National City City Council We, the undersigned citizens of National City oppose the planned subdivision for 42 single- family residential parcels on the south side of Paradise Valley Road east of the terminus of B. 8s` Street, Case file Nos. SP 2000-1, S-2000-3, I&2000-10 We believe the proposed project would be detrimental to the quality of life in National City for the following reasons • 42 homes and the creation of a new access road and street, on the proposed 10 acres, less unbaildable and graded areas is an unacceptable average per residence. • Proposes high -density housing with narrow lots and very limited recreational areas. The proposed subdivision of 5000 square foot lots with a width of 40 feet and 15 foot setbacks is not even the minimum residential requirement in National City. • Inadequate off street parking per residence. • No provision for on -going maintenance of green areas nor individual properties. • The property currently shows beery erosion. There is no provision for halting nor improving potential erosion in the long term. • Citizens of Nationaltity would be heavily impacted by the increased traffic on Paradise Valley Road, B. tit` Street, and Plaza Blvd, all with existing high traffic and high incidences of traffic accidents. .. • There are inadequate provisions for the protection of min ; sting plants and 6£ PL 2. 3. 4. Nil City City \33•3 -1 PA, Street Address City Signature % t Address awe City Petition To: National City Planning Commission, and National City City Council We, the undersigned citizens of National City oppose the planned subdivision for 42 single- family residential parcels on the south side of Paradise Valley Road east of the terminus of B. So` Street, Caee file Nos. SP-2000-1, &2000-3, I&2000-10 We believe the proposed project would be detrimental to the quality of life in National City for the following reasons: • 42 homes and the creation of a new access road. and street, on ege he proposed 10 residence. acres, less unbuildable and graded areas is an unaccept able Proposes high -density housing with narrow lots and very limited recreational • areas. The proposed subdi' ' n of 5000 square foot lots with a width of 40 feet and 15 foot setbacks is not even the minimum residential requirement in National City. • Inadequate off street parking per residence. • No provision for on -going maintenance of green areas nor individual properties. • The property currently shows heavy erosion. There is no provision for halting nor improving potential erosion in the long term. • Citizens of Nationalt)ity won*be heavily impacted by the increased traffic on Paradise Valley Road, B. 8a` Street, and Plaza Blvd, all with existibg high traffic and high incidences of traffic accidents. • There are inadequate provisions for the protection of mitigating plants and animals. Name •' 2. 3. 4. q3 1 r- tst0e Addre ss ±v/ O'"ll2rt City ld G I ..fit ( 61-u PR Street Address A/47 i O✓1n c C2 r (« 71 F J 6 City h Street Address City Petition To: National City Planning Commission, and National City City Council We, the undersigned citizens of National City oppose the planned subdivision for 42 single- family residential parcels on the south side of Paradise Valley Road east of the terminus of E. 8s` Street, Case file Nos. SP-2000-1, S-2000-3, lS-2000-10. We believe the proposed project would be detrimental to the quality of life in National City for the following reasons • 42 homes and the creation of a new access road and street, on the proposed 10 acres, less unbuildable and graded areas is an unacceptable average per residence. • Proposes high -density housing with narrow lots and very limited recreational areas. The proposed subdivision of 5000 square foot lots with a width of 40 feet and 15 foot setbacks is not even the minimum residential requirement in National City. • Inadequate off street parking per residence. • No provision for on -going maintenance of green areas nor individual properties. • The priperty currently shows heavy erosion. There is no provision for halting nor improving potential erosion in the long term. • Citizens of Nationaltity would be heavily impacted by the increased traffic on Paradise Valley Road, E. 8s` Street, and Plaza Blvd, all with existThg high traffic and high incidences of traffic accidents. • There are inadequate provisions for the protection of mitigating plants and animals. L Signature g it- -XY 4. Name Signature AL7 c11., Name Name Name (o 2 J 7".- - o _Lee Street Address 111977.9C c /7 Y City <e G.(b ! f- Street Address City / ° ? .c+(4 0 ,Ja2 Street Address i!).rter'nJ/�c lT_/ City G44f- Petition To: National City Planning Commiaaion, and National City City Connell We, the undersigned oldie= of National City oppose the planned subdivlaioa for 48 single- family mudslide' parcels on the south aide of Paradise Volley Bead east of the bands= of 11, 8th Street, Cave file Na. SP-2010.1, S48000.8, IS-$080.10. We believe the proposed project would be detrimental to the quality of life in National City for the following reaming • 42 homes and the creation of a now aeaeee road and street, on the proposed 18 sores` less unbuildable and graded mess la an unacceptable average pee residence. • • Proposer high -density housing with narrow lobs and very limited recreational mew The proposed •ubdivieion of fi060 square foot lots with a width of 40 feet and 18 foot aefberks is not even the minimum residential requirement hi National City. • Inadequate of street parking per residence. • No provision for on -going maintenance of green areas nor individual properties. a The propoaty ewes* dead heavy nawlou. There l no provision for batting nor improving potential melon in the long term. • Miens of National v be heavily impeoted by the inorwaeed traffic on Paradise Valley Road, M. el Street, and Places Blvd, all with exhibit high swine end high incidenoer of treble aeoidente. • There are inadequate provisions for the protection of mitigating plants and 9. 4. animals. 9_10.0447 4 Quo,-I2S Name Signature sievK N i 0A e y Efz Name f Name 12 3- i4-At••VAMS-rEit, S7 Street Addresae i. -1tri City 13l5 rvt4hcheSW City 1�ik clew Afi'�� City 'City Petition. To: National City Planning Commieaion, and National City City Council We, the endued &isms of National City oppose the planned subdivision for 40 single- family residential parcels on the south side of Paradise Valley Boad east of the tannin's of 15, Ss` Street, (lase file Nos S -0000- I, S-2000.3, IS-000640. We believe the proposed projeet would be detrimental to the quality of life in National City for the following reasoner • 40 homes and the creation of a new secede road and etaeet, on the proposed 10 acres, lees unbendable and graded areas is an unacceptable average pen residence. • sty housing with narrow Iota and very limited reereationat arena The proposed subdivision of 5000 square foot iota with a width of 40 feet and 10 foot set m hs is not even the minimum residential requirement in National • Inadeepune off street parking per wee. • No provision for on -going maintenance of green areas nor individual propertied a The peoposty cereatly ahem heavy aaei•bun. There is no pu+avision ror batting nor improving potential mosion in the long term. • GUMS of Nalionaltity w+oul4 be heavily Impacted by the increased traffic on Paradise Valley Bead, FL 8n Steed sad Plans Blvd, all with a xiatibg high treats and high inoidenoes of traffic accidents • There are inadequate provisions' for the protection of mitigating plants and 1. a 1eev ,1 .0eq IP Signature Naas —Q K �c �s Name� 14..6w Petition Ta National City Planning Commietion, and National City City Caancii. We, the undersigned cigar of NationalCity oppose the planned subdivision for 40 single- family teddenfial parcels on the south side of Paradise Volley Boad east of the terminus of 1!, 8a` Street, (are file Nos. i P 9000-1, S Qeo0.3, IS-2002-10. We believe the proposed project would be detrimental to the quality of life in National City for the following masonic • 40 homes and the creation of a new access road and street, on the proposed 10 urea, less unbuildable and graded tunas is an uneeaeptible average per residers*. • Proposes Leigh -duty homing with narrow lots and very limited recreational saw The proposed subdivision of 5000 square foot lots with a width of 40 feet and 15 toot setbacks is not even the minimum. residential requirement in National. City. • Inadequate off etceet parking per residence. • No prevision for ongoing maintenance of green me s nor individual properties. • The property ouerestil.y shaves hem/ condom Thus id no provision for baiting nor improving potential erosion in the long tern. Clams of Nationeltity woni4. be heavily imparted by the increased traffic on Paradise Valley Boad, E. 8n Street, sad Plaza Blvd, all with esehg high muffle sad high inoidenoee of traffic accidents. • There are inadequate provisions for the proteetiori of mitigating plants and erelmals. ' /_d Auer /?e& RGL4 ax A2jeAt Signature n o.d, k L. St k.� e k Nemo a Isidsiame Signature -kr' N►g2 Nacre Street A City $ LI c i' }Street e Ocerfon`1 Clfiy City slq IICity Street Address City �c� Petition ToNational City Planning Compilation, and National City City Council We, the undersigned deans of Nam City oppose the planned subdivision for 42 single- family 'evidential parcels on the south side of Paradise Valley Bond met of the terminus of ET Sa Street OMB file Nos t4P 2000 t, 400O0.3, IS-0000-10. We believe the piopoeed project would be detrimental to the quality of life in National City for the following reaeenc a 4$ homes and the creation of a new acmes road and street, on the proposed 10 awes, lees unbuildable and graded areas is an unacceptable average per reaidenoe. • Proposer high -density housing with narrow lots and very limited reoteaiional SWIM The proposed subdivision of 5000 square foot loin with a width of 40 feet and 15 foot setbacks is not even the minimum residential requirement in *Atonal • Inadequate off street parking per raddenee. • No provision for on -going maintenance of green areas nor individual properties. a The peep* mien* slums lvwy ern lun.. There is no provision ror baiting nor improving potential erosion in the long term. • Claire= of Nationaitity weulrji be heavily impacted by the increased C a . on Paradise Valley Read, E. eh Street, and Plaasa Blvd, all with eschabg high waffle and high incidences of traffic acoidentd 1. 9. e. 4. • Thou are inadequate provisions for the protection of mitigating plants an animals.d QM Mari clwo-_Nretp j� w City City City Street , jr sty eib Name tuatara Name Name Petition To: National City Planning Commioaion, and National City City Council We, the undersigned aitlams of National City oppose the planned subdivision for 42 single- family teddentlal parcels on the south side of Paradise Valley Bead east of the t•ttdaus of 15, ifh Street* Case file Nos. SP-2000- t, saws, IS- 10. We believe the proposed project would be detrimental to the quality of life in National Cdty for the following mamma • 40 homes and the creation of a new aecem road and Meet on the proposed 10 aoreq, less unbuildable and graded arras is an unacceptable average per residence. • Proposes high -density housing with narrow lots and vary limited recreational seeaa. The proposed subdivision of 5000 square foot lots with a width of 40 feet and 15 foot aetbaalts is not even the minimum residential requirement in National Qty. • • Inadequate off street parking per residence. • No provision for on -going maintenance of green areas nor individual properties. • 'Chi pope* onerently shows liuw y n wlwn. There IS no provision ror muting nor improving potentad erosion in the long term. • Mims of Naionaltity w onl. be heavily imapsatad by the interred traffic on Paradise Valley Road, B. dia Stneot, ead. Please Blvd, eat with erdslfbg high *affie and high foldouts of traffic maiden* • There are inadequate provisions for the protection of mitigating plants and 1. s. Name f1f%406- AS//EP- of . 4 IL Oity 915/7 ei CA- 41956 City eic B1r4st A Oity fitiy Petition Tac National City Planning Communion, and National City City Council We, the undersigned damns of Natlonak City oppose the planed subdivision for 42 single family residue parcels on the south side of Paradise Volley lined east of the tormdnas of E, 04' Street, Case file Noe. SP-0000-1, &*000-3, IS- 10. We believe the proposed project would be detrimental to the quality of life in National City for the following reasons • 49 homes and the oreation of a new aooeas road and street, on the proposed 10 aeree, lees unbendable and graded areas is an unacceptable average per residence. • Proposee high-flonsity housing with narrow loin and very limited recreational m em The proposed aabdivision of 5000 square foot Iota with a width of 40 feet and 15 foot aatbaoks is not even the ndnimnm residential requirement in National City. • Inadequate off greet parking per residence. • No provision for on -going maintenance of green arena nor individual properties. • The pop, currently shave heavy merlon. There is no provision ror palling nor improving potential erosion in the long tntm. • Means of National tity wo°It), be heavily impacted by the increased traffic on Paradise Val Road, E. 8k etareet, wad Plana Blvd, all with exiselbig high *atria ass of traffic accidents. a. • Thom are Name Name one for the protection of mitigating plants and • City ,Street Address ' City y3 /lljfiesf Street Address, t Ar *Le saAL, cc City 4. City Petition To: National City Planning Commission, and National City City Council citizens of National City oppose the planned subdivision for 42 single- family residential undersignedVolley 'Road east of the terminus of E. 8c` parcels on the south side of Paradise $11 Y Street, Case file Nos. SP 2000.1, S-2000-3, Ig2000.10. We believe the proposed project would be detrimental to the quality of life in National City for the following reasons • 42 homes and the creation of a new access road and street, on the proposed n� sores, less unbuildable and graded areas is an unacceptable average per • Ps subdivisity on off 5000 squaw narrow f witha width of 40 feet areas.and very limited recreational The proposed in National and 15 foot setbacks is not even the minimum residential City. • Inadequate off street parking per residence. areasnor individual properties • No provision for on -going maintenance of greenfor halting The• property currently shows heavy emaion. There is no provision nor improving potential erosion in the long term. • Citizens of National'%ity would be heavily impacted by the increased traffic onh traffic Paradise Valley Road, R. 8 Street,and Place' Blvd, all with esialTg and high incidences of traffic accidents. and • There are inadequate provisions for the protection of mitigating plants 1. 2. 3. animals. (» Signature avt4S& i- Name store 1zabeTh -1-17nojos Name Signature ?<— Name o�acYr..rt Ai c[�F Street Address City AkAreclet City Street Gi l A ll City Street Address cam. — City Petition To: National City Planning Commission, and National City City Council. We, the undersigned citizens of National City oppose the planned subdivision for 42 single- family residential parcels on the south side of Paradise Valley Road east of the terminus of E. Sth Street, Case file Nos. SP-2000-1, S-2000-3, IS-2000-10 We believe the proposed project would be detrimental to the quality of life in National City for the following reasons • 42 homes and the creation of a new access road and street, on the proposed 10 ' acres, less unbuildable and graded areas is an unac epiable average per residence. • Proposes high -density housing with narrow lots and very limited recreational areas. The proposed subdivision of 5000 square foot lots with a width of 40 feet and 15 foot setbacks is not even the minimum residential requirement in National City. • Inadequate off street parking per residence. • No provision for on -going maintenance of green areas nor individual properties. • The property currently shows heavy erosion. There is no prevision for halting nor improving potential erosion in the long term. • Citizens of Nationaliity won* be heavily impacted by the increased traffic on Paradise Valley Road, E. Sc' Street, and Plaza Blvd, all with exidiug high traffic and high incidences of traffic ac ciident . • There are inadequate provisions for the protection of mitigating plants and 1. 2. 3. 4. animals. Signature Name Signature v OETTy Ifs Name iY 820 L I1 L f�lRC G1rx r ��t tCA °tin° City elo ETHEL. Pi. Street Address City S tq L/ _ PI.44Ca Signature Street Address Name / City .G2e-,,,-e_ q 19 J PLAcc-7- Sddress I� lac iOP- crt\i e-if ci tC6 o City Name Petition To: National City Pig Commission, and National City City Council We,dersi 1od citizens of National City oppose the planned subdivision for 42 single- family the un Valleygoad, east of the terminus of B. 88i residential parcels on the south side of Paradise Street, Case file Nos. SP-2000-1, S-2000-3, IS-2000-10 We believe the proposed project would be detrimental to the quality of life in National City for the following reasons • 42 homes and the creation of a new access road and street, on the proposed 10 acres, less unbui dable and graded areas is an unacceptable average per reside • Proposes high -density, housing with narrow lots and very limited recreational areas. The proposed subdivision of 5000 square foot lots with a width of 40 feet and 15 foot setbacks is not even the minimum residential requirement.in National City • Ina ate off street parking per residence. • Inaoing dequate areas nor individual properties. • No provision forty shows heavy erosion There is no provision for halting nor • The improving property erosion in the long term. o Natin potential wont be heavily imperiled by the increased traffic on • Paradise Citizens of allty Road, 8 and Plaza Blvd, all with a xist3bg high traffic Paradise Valley Road, and high incidences of traffic accidents. • There are inadequate provisions for the protection of mitigatingplants and. 1. 2. animals. Signature __ARO A✓96 Name City t Address _ ., .9 , street A ]Q lif t56 A/ -'L - Street Address r A City Street Address gas E 7NEL r\/A7OPs1 - c I , / cA q195(...3 _�r Petition To: National City Planning Commission, and National City City Council We, the unde migned citizens of National City oppose the planned subdivision for 42 single- family residential parcels on the south side of Paradise Valley Road east of the terminus of E. 8a` Street, ('rose file Nos. SP-2000-1, S-2000-3, IS-2000-10 We believe the proposed project would be detrimental to the quality of life in National City for the following reasons • 42 homes and the creation of a new mess road and street, on the proposed 10 acres, less unbnildable and graded areas is an unacceptable average per residence. • Proposes high -sty homing with narrow cots and very limited recreational areas. The proposed subdivision of 5000 square foot lots with a width of 40 feet and 15 foot setbacks is not even the minimum residential requirement in National City. • Inadequate off street parking per residence • No provision for on -going maintenance of green areas nor individual properties. • The *party currently shows heavy erosion. There is no provision for halting nor improving potential erosion in the long term. • Cites of Natiionalrity won11 be heavily impacted by the increased traffic on Paradise Valley Road, E. Sa' Street, and Plaza Blvd, all with misers* high traffic and high incidences of traffic accidents. • • There are inadequate provisions for the protection of mitigating plants and annuals. t M 2. r®�J L, Name Name Maly et lee 9't f s-1° �/ _PE01E41-6 % / $ nu A- 5• l A-F-0y1 Name City ly tY City Petition To: National City Pla'Ming Commission, and National City City Council We, the undersigned citizens of National City oppose the planned subdivision for 42 single- family residential parcels on the south side of Paradise Valley Road east of the terminus of L. 8c` Street, Case file Nos. SP 2000-1, S2000-3,1E-2000-10 We believe the proposed project would be detrimental to the quality of life in National City for the following reasons: • 42 homes anti the creation of a new access road and street, on the proposed 10 acres, less unbuildable and graded areas is an unacceptable average per residence. • Proposes high -density hang with narrow lots and very limited recati�o nal areas. The proposed subdivision of 5000 square foot lots with a width of feet and 15 foot setbacks is not even the minimum residential requirement in National City. • Inadequate off street parking per residence. • No prevision for on -going maintenance of green areas nor individual properties. • The property currently shows heavy erosion There is no provision for halting nor improving potential erosion in the long term. bythe increased traffic on • Citizens of Nationaltity woul�be heavily impeded Paradise Valley Bead, E. 8t Street, and Plaza Blvd, all with eacistrog high traffic and high incidences of traffic accidents. and • There are inadequate provisions for the protection of mitigating plants 2. 3. 4. v-ib iv\ At4-ror4 Name ,' u (63q Pti c Street Address am C CISD City 83cl tTheiQlac¢.. Street Address Sign Kt 3A (otD� _ N(Tiowit, Ci at a 1950 Name R City 4L- T-Le l/0G1/ELL ►l y, CA9 )95o City Name Signature en Mucuradlo Name _gt 3 -H, e4 P(ct _ Street Address City Petition To: National City Planning Commission, and National City City Council We, the undersigned citizens of National City oppose the planned subdivision for 42 single- ton* residential parcels on the south side of Paradise Valley Road east of the terminus of B. 8s` Street, Case file Nos. SP-2000-1, S-2000-3, IS-2000-10 We believe the proposed project would be detrimental to the quality of life in National City for the following reasons: • 42 homes and the creation of a new access road and street, on the proposed 10 acres, less unbuildable and graded areas is an unacceptable average per residence. • Proposes bigh density housing with narrow lots and very limited recreational areas. The proposed subdivision of 5000 square foot lots with a width of 40 feet and 15 foot setbacks is not even the minimum residential requirement in National City. • Inadequate off street parking per residence. • No provision for on -going maintenance of green areas nor individual properties • The property currently shows heavy erosion. There is no provision for halting nor improving potential erosion in the long term. • Citizens of Nationaltity wonitl be heavily impacted by the increased traffic on Paradise Valley Road, R. se` Street, and Plaza Blvd, all with eaistffig high traffic and high incidences of traffic accidents. • There are inadequate provisions for the protection of mitigating plants and animals. hi. �J- S < -65g11417471.1 Name „- 2. Signature . Fiau" (a l:l1r o'ha vl Name 3. Signature P' 9UL)0y/ 4. 9ff,3 E ZdP� 6- StreAfir , Wiz, C rr `/ c4. 9/95V City c 03 )1--LL1 street Address Lb) j C 9' ) City S..7-s6. .ee Street Addmill,' 6//f City cAlBoa tic viettesfe,k . Street Ad ACi d ke,S� City 1 Petition To; National City Planning Commission, and National City City Council We, the undersigned citizens of National City oppose the planned subdivision for 42 shigle- family residential parcels on the south side of Paradise Valley Road east of the terminus of R, 8a Street, Case file Nos. SP-2000-1, 5-2000-3, LS-2000-10. We believe the proposed project would be detrimental to the quality of life in National City for the following reasons: • 42 homes and the creation of a new access road and street, on the proposed 10 acres, less unbuildable and graded areas is an unacceptable average per residence. • Proposes high -density housing with narrow lots and very limited recreational areas. The proposed subdivision of 5000 square foot lots with a width of 40 feet and 15 foot setbacks is not even the minimum residential requirement in National City. • Inadequate off street parking per residence. • No provision for on -going maintenance of green areas nor individual properties. • The property currently shows heavy erosion. There is no provision for halting nor improving potential erosion in the long term • Citizens of Nationaltity ity would be heavily impacted by the increased traffic on Paradise Valley Road; R. 8ei Street, and Plaza Blvd, all with egg high traffic and high incidences of traffic accidents. • There are inadequate provisions for the protection of mitigating Plants and animals. L-, g 7 tom` �-�— SIAa t 751 Name or City 2. 63.7 E ` -I 1' I Street A 41 City 3. 4. S vi2 etQuSos•N Name Signature Name 37 c? Adcres8G5t5 Street Address City z Petition To: National City Planning Commission, and National City City Council We, the undersigned citizens of National City oppose the planned subdivision for 42 single- family residential parcels on the south side of Paradise Valley Road east of the terminus of E. 8ei Street, Case file Nos. SP-2000-1, S-2000-3, IS-2000-10. We believe the proposed project would be detrimental to the quality of life in National City for the following reasons: • 42 homes and the creation of a new access road and street, on the proposed 10 acres, less unbuildable and graded areas is an unacceptable average per residence. • Proposes high -density housing with narrow lois and very limited recreational areas. The proposed subdivision of 5000 square foot lois with a width of 40 feet and 15 foot setbacks is not even the minimize residential requirement in National City. • Inadequate off street parking per residence. • No provision for on -going maintenance of green areas nor individual properties. • The property currently shows heavy erosion. There is no provision for halting nor improving potential erosion in the long term. • Citizens of Nationaltity would be heavily impacted by the increased traffic on Paradise Valley Road, E. 8n` Street, and Plaza Blvd, all with exi�ng high traffic and high incidences of traffic accidents. • There are inadequate provisions for the protection of mitigating plants and 2. 3. 4. animals. % 1D Ent E l-.,111- Street Address s Pd,roe AraIDYL NAtiabi etiy City Name Signature Street Address Name City Signature Street Address Name City Signature Street Address Name City iR September 27, 2001 Planning Commissioners National City Planning Department 1243 National City Blvd. National City, CA 91950 Commissioners, I am offering the following comments concerning the proposed Specific Area Plan (SP 2000-1 at Paradise Valley Road and Plaza Blvd. The development of 42 houses in this area adds many impacts to the community. The proposed finding of no significant environmental impact should be carefully considered. Has the developer designed the project to be compatible with the neighborhood? Have all potential impacts been thoroughly addressed? Only after requiring a project that limits impacts can you meet the test for finding the project in conformance with the law. My suggestions for modifications to the project plan follow in the next section of this letter. One of the obvious impacts is increased traffic. New development in urban areas should be designed to allow for mass transit access. This plan should include a bus stop for National City Transit to provide service to the new (and existing) residents of National City. We cannot continue to claim dense "urban villages" are appropriate without having some relief from impacts of the increased density. Additionally, the pedestrian access to this development must be improved by including sidewalks along the Paradise Valley Road street frontage. While it is encouraging to see the project preserves some of the native plants and habitat on the properties, the pockets of habitat are isolated from other :areas of preserved space. This does not provide high quality habitat for wildlife. The developers should be required to contribute to a mitigation bank to offset their impacts. The US Fish and Wildlife Service claims, and I concur, that more surveying of the properties for sensitive species of wildlife is required. The development of this project will require structural best management practices for controlling storm water and the pollution that is generated by developments of this nature. Simply put, 42 households, with fertilizers, pesticides, pet wastes, oils, solvents, and detergents washing into the streets, storm drains, and creeks must be held accountable for managing their polluted waste. One solution for managing the storm water from this development is for the project to build natural grassy swales at the entrance, the drainage path from the project to the watershed. By taking out the two homes at the entrance, the swales could be constructed to naturally filter storm water while providing an attractive landscaped entry to the project. Instead of allowing the streets to drain directly into the public right of way, you should require the drainage to flow into these swales. On the subject of design considerations, I have the following comments. First, the average lot size is statistically skewed by the inclusion of the 53,900 sq. ft., 41,580 sq ft. 30, 060 sq. ft. and 207,120 sq. ft. lots. To claim some kind of benefit to the community by stating that the average lot size is 15,088 sq. ft misleads decision makers and the community. 36 lots of the 42 planned are less than 10,000 sq. ft. This does not comply with the General Plan. The result of these small lots is a crowded space done in the same style as every other housing development in Southern California. The staff report has stated that the . developer was encouraged to "explore wider and larger lots." We have heard the economic argument for dense projects before. You should require the project to provide 10,000 sq. ft. lots as a minimum. Secondly, the design of homes with the garages in the front has become a cliche and works against community- building and a pleasurable visual appearance. The project should be redesigned to put the garages in the back of the homes. This would allow for more open space and a development less dominated by the automobile. Please take the time to consider all testimony from the community and the responsible wildlife agencies. New home ownership opportunities in National City are possible even when the existing community and natural resources are respected. Thank you, Ted Godshall( CC NATIONAL CITY PLANNING DEPARTMENT Unlit 1 NATIONAL SCHOOL DISTRICT 1500 N AVENUE • NATIONAL CITY, CA 91950 • (619) 336-7500 FAX (619) 336-7505 November 13, 2001 Mr. Roger Post, Planning Director City of National City Planning Department 1243 National City Blvd. National City, CA 91950 Dear Mr. Post: The purpose of this correspondence is to a submit formal response on the proposed project described below: "Specific plan and subdivision for 42 single family residential parcels on the south side of Paradise Valley Road east of the terminus of E. 8th Street. Case File Nos. SP-2000-1, S-2000-3, IS-2000-10." Although National School District is taking a neutral position on the proposed development, there are several areas of concern the District wishes to point out to both the Planning Dept. and the members of the City Council. Of primary concern is the overcrowding the 42 single family units will create for Ira Harbison School, the designated home school for the project. Ira Harbison is currently experiencing overcrowding and as a consequence is transporting 50 students out to other school sites. If you assume the student generation factor for the proposed project is 1.5 approximately 63 students will be eligible to attend Ira Harbison School. Unfortunately, if the current trend continues the District could not guarantee that all of the students generated from the project could attend their home school. Finally, in order to minimize the number of students being bussed out of Ira Harbison to other neighboring school sites in National School District additional portable classrooms would have to be purchased and installed. Given the present infrastructure that exists at the school no more than one maybe two BOARD MEMBERS: ROSALIE'ROSIE" ALVARADO; ANNE L. CAMPBELL; ALMA GRAHAM; JAMES GRIER, JR.; FRANK PEREZ DISTRICT SUPERINTENDENT: GEORGE J. CAMERON, Ed.D. ASSISTANT SUPERINTENDENT —EDUCATIONAL SERVICES: ELLEN C. CURTIN, Ed.D. ASSISTANT SUPERINTENDENT --BUSINESS SERVICES: MICHAEL J. CASTANOS ASSISTANT SUPERINTENDENT —HUMAN RESOURCES: CYNTHIA A. MESAROS portable classrooms could be added. Unfortunately, the statutory developer fees collected from the project would only provide approximately one third of the funds needed to purchase and install the two classrooms. The District is currently collecting $0.85 per sq. ft. for Level I developer fees. If you assume the average size of each single family unit is approximately 1500 sq. ft., the total fees collected would be $53,550. A standard 960 sq. ft. relocatable classroom costs the District on the average of $75,000. Under these circumstances the District would be forced to limit the number of classrooms to one portable building; therefore, limiting the number of students attending Ira Harbison School from the proposed project. Should you have any questions please contact me directly at (619) 336-7717. Sincerely, Michael Castanos Assistant Superintendent Business Services cc: Dr. George Cameron, Superintendent Mr. Jon Cain, Associate Planner Et City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE November 6, 2001 AGENDA ITEM NO. 2 7-ITEM TITLE PUBLIC HEARING — SPECIFIC PLAN AND SUBDIVISION FOR 42 SINGLE- FAMILY RESIDENTIAL PARCELS ON THE SOUTH SIDE OF PARADISE VALLEY ROAD EAST OF THE TERMNUS OF E. 8TH STREET (APPLICANT: SIMON AND RICHARD CONSTRUCTION CO. INC.) (CASE FILE NOS.: SP-2000-1, S-2000-3, IS-2000-10) PREPARED BY Jon Cain - Associate PlannerDEPARTMENT Planning EXPLANATION The project is proposed at one of the major entryways to National City, on one of the largest remaining undeveloped properties in the City. A variety of planning issues are involved. The attached background report and Planning Commission staff reports describe those issues in detail. Environmental Review N/A Mitigated Negative Declaration proposed Financial Statement N/A Account No. STAFF RECOMMENDATION Staff recommends approval of a Specific Plan and subdivision reflecting 38 single-family lots with a minimum 6,500 square foot lot size and typical 50 feet of street frontage. BOARD / COMMISSION RECOMMENDATION The Planning Commission voted to recommend denial of the Specific Plan and subdivision. It is anticipated that a resolution will be adopted November 5. A es — Parra Flores Un : ab Baca Abstaining — Valderrama, Reynolds, Detzer TTA.CHMENTS I Listed Below) cation No. Background Report5. Possible Conditions of Ap V 2. Location Map 6. Planning Commission Staff Reports, Including Initial 3. Draft Planning Commission Resolution with Study, Citizen Letters, Department and Agency Comments, and Applications Findings for Denial A-24'.(sible Findings for Approval 7. Applicant's Plans (Exhibits A -Revised, B, (2, LI and E) BACKGROUND REPORT The proposed project would be located on 16.5 acres of vacant property on the south side of Paradise Valley Road, east of the terminus of E. 8th Street, and 300 feet west of the eastern City boundary. The site includes steep slopes and is adjacent to the historic Wellington Estate. The proposed Specific Plan and subdivision would create 42 new single-family lots. A new access street would be provided at an existing traffic light on the north side of the site, and the new homes would be located along a new street to parallel Paradise Valley Road, with a cul-de- sac at either end. Lots would typically be 40-feet wide with a minimum 5,000 square foot lot size. Proposed homes range from 1,700 to 2,126 square feet in size with three to four bedrooms and two and a half to three bathrooms. Grading for the project would take place on approximately 10 acres of the site. Steep slopes along the south and westernmost portions of the property would not be graded and would remain as open space. The proposed open space area includes the existing driveway on the site serving the Wellington Estate, which will remain, along with 1.74 acres of sensitive habitat. The attached Initial Study and Planning Commission staff reports describe the habitat area, the project site, and the proposed project in greater detail. The Planning Commission first considered this item on August 20. The hearing was continued due to a lack of quorum, and to allow the applicant to address remaining unresolved issues. A second hearing was conducted on October 1. Three letters of opposition were received prior to the hearing along with a petition from residents of the nearby Manchester neighborhood. Seven citizens spoke in opposition to the project at the hearing. Those opposed expressed concern regarding density, small lot sizes, small backyards, limited parking, school impacts, property values, noise, traffic, and impacts on the historic Wellington Estate. One citizen spoke in favor of the project based on its density relative to other development in the area and the proposed clustering of lots to minimizing grading of steep slopes. The applicant also spoke in favor of the project. Planning Commissioners voiced concern regarding lot sizes, lot width, and traffic. The Commission discussed a possible continuance to allow the applicant to explore alternatives with larger lot widths and lot sizes. The applicant stated that a continuance was undesirable and asked for a decision. The Planning Commission then voted to recommend denial of the project. As described in the attached staff reports and initial study, there are sensitive plant and animal species present on the site along with sensitive habitats. The attached conditions of approval include mitigation measures proposed by the U.S. Fish and Wildlife Service and the State Department of Fish and Game. The applicant disagrees with these mitigation measures. Throughout the review of the project, staff has encouraged the applicant to discuss this issue with the resource agencies directly. The resource agencies have indicated a willingness to discuss less stringent mitigation measures with the applicant; however, as of this writing, the applicant has not met with these agencies. The applicant has suggested an alternate proposal that would involve 38 lots rather than 42 as originally proposed. The alternate proposal would involve a 6,500 square foot minimum lot size, with 50-foot typical street frontage. The proposal would have eight lots with less than 50 feet of frontage, including six cul-de-sac lots and two panhandle lots. The proposal would involve I generally the same design with altered lot lines and modifications to the grading plan including additional retaining walls. Although the applicant has shown staff preliminary plans, no plans have been actually provided for us to review. The 50-foot wide lots in the alternative proposal would be similar to lot widths in most of the City's residential zones, and would allow for more on -street parking. The larger lot size would better comply with the General Plan. PROJECT SITE ZONE BOUNDARY CITY BOUNDARY ••••••••+■. DRN. DATE: LOCATION MAP SP-2000-1 8/10/01 5-2000-3 INITIAL. South side of Paradise Valley Road east of 8th Street IS-2000-10 HEARING: NATIONAL CITY PLANNING ) 8120/01 RESOLUTION NO.34-2001 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, RECOMMENDING DENIAL OF A SPECIFIC PLAN AND TENTATIVE SUBDIVISION MAP FOR 42 SINGLE-FAMILY RESIDENTIAL PARCELS ON THE SOUTH SIDE OF PARADISE VALLEY ROAD EAST OF THE TERMINUS OF E. 8113 STREET APPLICANT: SIMON & RICHARD CONSTRUCTION, INC. CASE FILE NO. SP-2000-1, S-2000-3, IS-2000-10 WHEREAS, proceedings were initiated for the Specific Plan in accordance with procedures of the Land Use Code for the area on the south side of Paradise Valley Road east of the terminus of E. 8th Street; and WHEREAS, application was made for approval of a Specific Plan and Tentative Subdivision Map for 42 single-family lots on property generally described as: Portions of lots 2, 3, 4, 5, 6, and 7 of B. F. Pritchard's Paradise Villa Addition to National City in the City of National City, County of San Diego; and these properties constitute the same area for which the Specific Plan was initiated; and WHEREAS, the Planning Commission of the City of National City considered a Specific Plan and said Tentative Subdivision Map application and proposed Negative Declaration for 42 single-family lots on the south side of Paradise Valley Road east of the terminus of E. 8th Street at a duly advertised public hearing held on August 20, 2001 and continued to the meeting of October 1, 2001 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 Nos. SP-2000-1 and S-2000-3, which is maintained by the City and incorporated herein by reference, along with evidence and testimony at said hearings; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action hereby taken is found to be essential for the preservation of the 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 hearings held on August 20, 2001 and October 1, 2001 fail to support a finding, required by the Municipal Code for granting any Specific Plan, that the proposal is consistent with the General Plan, and that the testimony and evidence also fail to support findings, required by the Municipal Code for granting any Tentative Subdivision Map, that the proposal is consistent with the General Plan and that the site is physically suitable for the proposed density of development. U 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 hearings held on August 20, 2001 and October 1, 2001 support the following findings: FINDINGS FOR DENIAL OF THE SPECIFIC PLAN 1. The proposed plan is inconsistent with General Plan policies since the proposed small minimum lot sizes will not provide the optimum benefit to the City and since the density of proposed development is inappropriate for the steeply sloping site. 2. That the project is inconsistent with the Single -Family Large Lot General Plan designation, since the project provides for narrow, 5,000 square foot minimum lot sizes in an area intended for 10,000 square foot lots. FINDINGS FOR DENIAL OF THE TENTATIVE SUBDIVISION MAP 1. The proposed map is inconsistent with the National City General Plan since the proposed small minimum lot sizes will not provide the optimum benefit to the City, since the density of proposed development is inappropriate for the steeply sloping site, and since the project provides for narrow, 5,000 square foot minimum lot sizes in an area intended for 10,000 square foot lots. 2. The site is not physically suitable for the proposed density of development, since the steep slopes on the site limit the developable area of the project. BE IT FURTHER RESOLVED that the Planning Commission hereby recommends that the City Council deny Specific Plan application no. SP-2000-1 and the Tentative Subdivision Map application. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council for public hearing before the City Council. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of November 5, 2001, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: CHAIRMAN FINDINGS FOR APPROVAL OF THE SPECIFIC PLAN 1. Find that the project will not have a significant effect on the environment and adopt the proposed mitigated negative declaration. 2. That the revised mitigation measure pertaining to potential biological impacts is more effective in mitigating or avoiding potential impacts than that described in the Initial Study and that it in itself will not cause any potentially significant impact on the environment. 3. The proposed plan is consistent with General Plan policies which encourage the following: retention and enhancement of existing hillsides, development at lower densities in areas with steep slopes, a higher rate of home ownership, production of new housing for the moderate and middle income ranges, the infilling of vacant lots with single family homes, and the preparation of a Specific Plan for the project area. 4. That the project is consistent with the Single -Family Large Lot General Plan designation, since the project provides for single-family homes at a density of less than 2.9 units per acre in an area where a density of up to 4.4 units per acre is permitted, and since an average lot size of over 15,000 square feet is provided in an area of 10,000 square foot lots. FINDINGS FOR APPROVAL OF THE TENTATIVE SUBDIVISION MAP 1. Find that the project will not have a significant effect on the environment and adopt the proposed mitigated negative declaration. 2. That the revised mitigation measure pertaining to potential biological impacts is more effective in mitigating or avoiding potential impacts than that described in the Initial Study and that it in itself will not cause any potentially significant impact on the environment. 3. The proposed map is consistent with the National City General Plan since it provides for retention and enhancement of existing hillsides, development at lower densities in areas with steep slopes, a higher rate of home ownership, production of new housing for the moderate and middle income ranges, and the infilling of vacant lots with single family homes. Additionally, the map is consistent with and will carry out the proposed specific plan for the property. 4. The site is physically suitable for the proposed type of development, since the site is in a single-family residential area and contains gently sloping areas that can accommodate the proposed homes without import or export of soils. 5. The site is physically suitable for the proposed density of development, since the 16.5-acre can accommodate building pads for single-family homes at a density of less than 2.9 units per acre while preserving steep slopes and biologically sensitive areas. 6. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, since the proposal includes mitigation measures which will preserve existing Coastal Sage Scrub habitat onsite. 7. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, since all necessary public services will be provided. 8. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, since existing easements on the property will remain in place and new homes will be located outside the easement boundaries. 9. The discharge of sewerage waste from the subdivision into the City of San Diego sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6. 10. 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. 11. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. CONDITIONS OF APPROVAL 1. This Specific Plan and Subdivision authorizes the development of 38 single-family homes. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A -Revised dated 7/9/2001, Exhibits B and C dated 3/16/2001, and Exhibit D dated 6/14/2001, case file nos. SP-2000-1, S-2000-3. 2. A hydrology study (100-year flood) shall be submitted for the review and approval of the City Engineer. The study shall consider the area from the project area to the closest municipal storm drain collection pipe inlet. The study shall consider the adequacy of the existing system to convey any additional runoff. All hydrology study findings and recommendations shall be part of the Engineering Department requirements. 3. A drainage plan shall be submitted for review and approval by the City Engineer showing all of the proposed and existing on- 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 development shall be implemented with the design of the grading plan. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. 4. Separate street improvement plans prepared by a Registered Civil Engineer showing all of the existing and proposed improvements shall be submitted for review and approval by the City Engineer. The plans shall be in accordance with City requirements. The cul-de- sac shall have a minimum diameter of 96 feet. The street right-of-way shall be 50 feet wide with a 6-foot wide utility easement on each side. Sidewalks shall be 5 feet wide and the street width shall be 40 feet curb -to -curb. All missing street improvements on Paradise Valley Road (approximately 2100 linear feet if curbs, gutters, and sidewalks) shall be constructed. All street improvements shall be in accordance with City standards. 5. 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, and shall adjust the sprinkler heads so as to prevent overspray upon the public sidewalk or streets. 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, its successors or assigns shall 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. 6. For PVC irrigation lines in the public right-of-way, a metallic identification tape shall be placed between the bottom layer of the finished surface and the top of the lines. 7. A soils engineering report shall be submitted for review and approval by the City Engineer. The report shall address the stability of all the existing and proposed slopes on the property. It shall also address the stability of the building pads, the criteria for new retaining wall design, the maximum allowable soil bearing pressure, and the required pavement structural sections for the proposed streets, parking areas, and driveways. The street pavement sections shall be in accordance with Regional Standard Drawing G-24 with National City modifications. All soils report findings and recommendations shall be part of the Engineering Department requirements. 8. The method of sewage and collection disposal shall be shown on the street improvement plans. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. A sewer permit will be required unless a letter of approval from the City of San Diego verifying connection to the City of San Diego sewer main is submitted. 9. The new pedestrian ramps at the intersections shall be per ADA requirements and the Regional Standard Drawing. 10. A new street light is required at the intersection of Street A and Street B and at each cul- de-sac. The street light and location shall comply with City standards and ADA requirements. The feasibility and electrical energy availability of the street light shall be verified with the Public Works Department prior to its final approval and installation. 11. The existing and proposed curb inlet on the property shall be provided with a "No Dumping" tile in accordance with the NPDES program. 12. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way and the drainage construction on private property. 13. A cost estimate shall be submitted with the plans. A performance bond equal to the approved cost estimate for all of the proposed grading, drainage, street improvements, landscaping, and retaining wall work 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 will be subject to adjustment. 14. A title report shall be submitted to the Engineering Department for a review of all existing easements and the ownership at the property. 15. Separate traffic signal plans will be required for the intersection of Plaza Boulevard and Street B. The plans shall show new traffic signals and loops. 16. An NPDES permit is required for discharges of storm water runoff associated with construction activity where clearing, grading, and excavation results in a land disturbance. A construction stormwater permit shall be obtained from the Regional Water Quality Control Board. A copy of the permit shall be given to the National City Engineering Department prior to any work beginning on the project. 17. A final map is required. The final map shall meet all of the requirements of the Subdivision Map Act and the National City Municipal Codes including certification, acknowledgment, complete boundary information and monumentation. 18. The subdivider shall submit an approval letter from Sweetwater Authority stating that fire flow requirements have been met. If additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Authority prior to obtaining the final map approval. 19. Separate water and sewer laterals shall be provided to each lot. 20. The developer shall bond for the monumentation, 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 map. 21. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 22. The final map shall be recorded prior to issuance of any building permit. 23. All new property line survey monuments shall be set on private property, unless otherwise approved. 24. The final subdivision map shall be prepared by a California registered civil engineer with registration number 33965 or lower, or by a California licensed land surveyor. 25. The final 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 map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. 26. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 27. All retaining 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. 28. The final map shall be in substantial conformance with the tentative map depicted in Exhibit A -Revised dated 7/9/2001 with revisions to reflect 38 lots and a minimum lot area of 6,500 square feet with 50 feet typical street frontage. A revised tentative map shall be submitted for Planning Department approval prior to recordation of the final map. Any substantial variation from the design will require substantial conformance review by the City Council. 29. Landscaping in the public right-of-way shall be installed in conjunction with the installation of public improvements in accordance with Exhibit C-Revised, case file no. S-2000-2, dated July 11, 2000. 30. Buildings shall be in substantial conformance with those depicted in Exhibit C dated 3/16/2001, case file nos. SP-2000-1 and S-2000-3. 31. To mitigate potential archaeological impacts on the site, an archaeologist shall field check the flat areas of the property during or following the clearing of vegetation on the property, prior to grading. 32. To mitigate potential biological impacts, the following mitigation measures shall be carried out: A. Construction, including clearing and grading, should occur outside of the bird breeding season (February 15 to August 30). If construction is proposed during the breeding season, a qualified biologist shall conduct a pre -construction survey of the project site and surrounding habitat to determine whether there are active nests in the area. The results of this survey shall be submitted to the Planning Department for review and approval prior to commencement of any construction activity. If an active nest is observed, a minimum 300-foot buffer between the nest and construction activities shall be observed as long as the nest is active. fib B. Cut slopes above the mid -slope terrace shall be landscaped with native species only. A Coastal Sage Scrub revegetation plan shall be included in landscape plans submitted for the review and approval of the Planning Department prior to issuance of grading permits for the property. C. Offsite mitigation for the loss of Coastal Sage Scrub is required at a ratio of 2:1. This mitigation shall be in the coastal region of southern San Diego County in an area that supports cactus wrens and that is within a Biological Core Resource Area or in a Wildlife Agency -approved mitigation bank. D. Offsite mitigation for the loss of NNG (grassland) is required at a ratio of 0.5:1. The mitigation area shall be purchased in acres of equivalent habitat within a Wildlife Agency -approved Biological Resource Core Area or mitigation bank. E. The proposed best management practices program for the site shall address the potential for increased volume and velocity of runoff from the site to affect Paradise Creek. Plans shall be developed with the consultation of the California Department of Fish and Game. F. Adequate surveys for the California gnatcatcher shall be conducted in compliance with U.S. Fish and Wildlife Service Survey Protocol (1997) prior to the issuance of grading permits. Survey results shall be submitted to the U.S. Fish and Wildlife Service and Planning Department for review. If the survey concludes that gnatcatchers are present or if the applicant wishes to forego the survey requirement, take authorization will be required per the Endangered Species Act. 33. To mitigate potential noise impacts on the proposed homes from the street, a 6-foot high sound attenuation wall shall be provided along the top of the fill slope along Paradise Valley Road. This bottom four feet of this wall shall be constructed with solid material such as masonry block, and the top two feet of the wall shall be constructed of clear Plexiglas. Prior to issuance of grading and building permits, an acoustical study shall be performed to verify the adequacy of the proposed sound attenuation walls. 34. A paleontologist shall be notified prior to the commencement of grading for the project. Evidence shall be submitted to the Planning Department indicating that notice has been given. 35. Minimum 18-foot front yard setbacks and minimum 10-foot deep usable rear yards are required for all new homes. 36. The following shall be carried out to provide for maintenance of slopes and natural areas: A. The developer shall provide a declaration of covenants, conditions, and restrictions, running with the land, setting forth privileges and responsibilities including the duty to maintain all graded and landscaped slopes in the Specific Plan and to preserve all natural slopes in the Specific Plan area that are not proposed for transfer to the adjacent property owner. The CC&Rs shall be subject to approval as to content and form by the City Attorney and Planning Director and shall be provided prior to recordation of the final map. The CC&Rs shall grant the City the authority but shall not obligate the City to assume maintenance of these areas and assess the full cost, including overhead costs therefor, as a lien or special tax assessment against the properties if said properties are not adequately maintained. (I B. A corporation, association, property owners' group, or similar entity shall be formed with the right to assess all the properties in the entire development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all graded, landscaped slopes and natural slopes in the Specific Plan area that are not proposed for transfer to the adjacent property owner. Such entity shall operate under recorded conditions, covenants, and restrictions approved by the City Attorney as to form and content, which shall include compulsory membership of all owners and flexibility of assessments to meet changing costs of maintenance, repairs and services. 37. Ownership of natural slope areas west of lot 37 as detailed in Exhibit E dated September 25, 2001 shall be transferred to the owner of the Wellington Estate, who shall be responsible for all necessary maintenance, including landscape maintenance as needed. Subject to terms and conditions as shall be agreed upon by the grantor and grantee, an escrow account shall be opened into which a deed shall be deposited transferring ownership of this property upon recordation of the final map. A lot line adjustment shall be processed as a condition of the escrow to ensure that the deeded area will become a part of the Wellington Estate property. Title shall pass upon recordation of the final map. 38. Landscaping and irrigation for cut and fill slopes shall be installed at the time of grading in substantial conformance with Exhibit B dated 3/16/2001, case file nos. SP-2000-1 and S-2000-3. A detailed landscape and irrigation plan prepared by a California registered Landscape Architect, including plant types, method of planting, etc. shall be submitted for review and approval by the Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. 39. A detailed landscape and irrigation plan for the upper, "transitional" slope areas prepared by a California registered Landscape Architect, including plant types, method of planting, etc. shall be submitted for review and approval by the Planning Director. These areas must be landscaped, irrigated, and maintained to the satisfaction of the City. 40. Construction of new homes shall be limited to level pad and yard areas as identified on the final map. No accessory structures shall be constructed on preserved natural slopes or cut/fill slopes within the Specific Plan area without an Approval of Plans from the Planning Commission. 41. The entryway to the project shall include enhanced landscape features and other defining elements to the satisfaction of the Planning Director. 42. Prior to recordation of the final map, the applicant shall 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 the Specific Plan and Subdivision 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. 43. Approval of the tentative map expires two (2) years after adoption of the resolution of approval at 5:00 p.m. unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by Section 66452.6 (e) of the California Government Code. Item no. 5 City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR PLANNING COMMISSION STAFF REPORT Title: Case File No.: Location: Assessor's Parcel Nos.: Staff report by: Applicant: Property owner: Plans prepared by: Combined General Plan/ Zoning designation: Parcel size: Adjacent land use/zoning: North: East: South: West: Environmental review: October 1, 2001 CONTINUED PUBLIC HEARING — SPECIFIC PLAN AND SUBDIVISION FOR 42 SINGLE-FAMILY RESIDENTIAL PARCELS ON THE SOUTH SIDE OF PARADISE VALLEY ROAD EAST OF THE TERMINUS OF E. 8Th STREET SP-2000-1, S-2000-3, IS-2000-10 Vacant property between 8th Street and the east City boundary along Paradise Valley Road 669-060-22, 23, 25, and 27 Jon Cain — Associate Planner Simon & Richard Construction Inc. Paradise Homes LLC Lambert & Associates RS-1 (Sing e-Family Residential) Four parcels totaling 16.5 acres Single-family homes across Paradise Valley Road/RS-2 Vacant/RS-1 Wellington Estate and other single-family homes/RS-1 Single-family homes/RS-1 and a shopping center across Plaza Boulevard/CL-PD Negative Declaration proposed ® Recycled Paper /3 BACKGROUND This project involves a Specific Plan and Subdivision for the development of 42 single-family homes on individual lots on the south side of Paradise Valley Road near the eastern City boundary. The proposed lots are typically 40 feet wide and have a minimum 5,000 square foot lot size with an average size of 15,088 square feet. The project is described in detail in the attached August 20 staff report. The item was originally scheduled for Planning Commission consideration on August 20. Due to the lack of a quorum based on potential conflicts of interest, the Commission did not open the public hearing, and instead voted to continue the item as suggested by the Senior Assistant City Attorney. Since the August 20 meeting, the City Attorney's office has been working with Commissioners and staff to resolve the questions regarding potential conflicts of interest. At the meeting, staff had also recommended that the item be continued based on comments submitted late that day by the U.S. Fish and Wildlife Service and the California Department of Fish and Game. Additionally, the staff report noted some unresolved issues that should be addressed. The following is a discussion of these items. Lot configuration As described in the August 20 report, the Specific Plan must demonstrate conformance with the General Plan to be approved. The combined General Plan/Zoning designation of RS-1 Single - Family Large Lot allows detached single-family dwellings at a maximum density of 4.4 units per acre on minimum 10,000 square foot lots. The proposed project density is 2.89 units per acre, well under the maximum 4.4 units per acre allowed by the General Plan. The zone also requires lots to be a minimum of 60 feet wide. It is notable that this project includes small minimum lot sizes for the zone at 5,000 square feet and narrow, 40-foot typical lot widths. These factors coupled with the steep slopes on the property will result in small usable yard areas and limited on -street parking. Staff has encouraged the applicant to explore wider and larger lots throughout the review process; however, the applicant has stated that the current proposal is preferred since widening the lots will reduce the number of lots and affect the economics of the project. BioloQv A Mitigated Negative Declaration is proposed for this project. A biology study prepared by the applicant's consultant indicated the presence of some sensitive plant and animal species on the site, and mitigation measures were proposed to alleviate any potential impacts. Comments received from the State and Federal resource agencies just prior to the August 20 meeting asked for clarification and questioned the adequacy of proposed mitigation measures. Throughout the review process, staff has encouraged the applicant to work with the resource agencies. Following the August meeting, staff again asked the applicant to do so and to identify appropriate mitigation measures. Rather than contacting these agencies, the applicant submitted a l Ll letter responding to their comments. The project biologist and the resource agencies agree on some additional mitigation measures; however, there is significant disagreement on some points. Mitigation measures agreed to by the two parties that have been added in response to the resource agency comments are listed as recommended conditions of approval #3 IA and B. These measures pertain to construction during the bird breeding season and the planting of native species on the upper slope areas. The remaining mitigation measures recommended by the resource agencies and not agreed to by the applicant are listed as recommended conditions of approval #31C through F. These items pertain to the loss of Coastal Sage Scrub and Non -Native Grassland habitat, survey methods for identifying Gnatcatcher habitat, and the potential for increased runoff from the property to affect Paradise Creek. The resource agencies have indicated a willingness to discuss these items with the project biologist and make site visits as needed to determine whether an alternative would adequately address the resource agency concerns. Without the benefit of such discussion, approving the project without the mitigation measures as recommended by the resource agencies would run the risk of creating an invalid environmental document. An additional environmental finding is attached as required by State law. The finding reflects the fact that the proposed mitigation measure for potential biological impacts (#31) has been updated in response to comments with a more effective measure and will not itself cause a new significant effect. Slope Maintenance The applicant proposes a homeowner's association for maintenance of slopes along Paradise Valley Road and the highest slope areas at the south, with maintenance of the lower portion of cut slopes on the south performed by individual homeowners. Some areas that will not be disturbed near the Wellington Estate are proposed for transfer to the owner of the estate, who would then be responsible for maintenance of them. Staff recommends that a homeowner's association be responsible for maintenance of all graded slopes, along with the natural slopes that will not be transferred to the adjacent estate. This recommendation is attached as condition #35. An amended map was provided as requested by staff following the public hearing showing slope areas proposed for transfer to the owner of the Wellington Estate. Condition #36 regarding the transfer of this area has been updated. Accessory Structures As discussed in the previous report, individual homeowners may want to use the natural or graded slopes for accessory buildings such as gazebos, patios, sheds, or other structures. The applicant has asked that these structures be permitted. Staff recommends a condition that would prevent the use of these areas for accessory buildings since structures on slopes, particularly along Paradise Valley Road, would be highly visible. Condition #39 remains as stated in the previous report. Planning Commissioners may wish to consider modifying the condition to allow structures on the southern slopes with Approval of Plans by the Planning Commission. 15 Entryway The applicant proposes to add an enhanced entryway as recommended by staff. The proposal would involve special landscaping and concrete monument signs 18 to 24 inches tall and six to eight feet long on both sides of the new entry. Condition of approval #42 has been added requiring an enhanced entryway. Citizen meetings As suggested by staff, the applicant has conducted two meetings with neighbors since the August 20 Planning Commission meeting. RECOMMENDATION 1. Continue the public hearing to a specific date if the Planning Commission determines further consideration should be given to addressing biology or project alternatives regarding visual or other concerns; or 2. Recommend that the City Council approve SP-2000-1 and S-2000-3 subject to the conditions listed below, based on attached findings; or 3. Recommend that the City Council deny SP-2000-1 and S-2000-3 based on attached findings. ATTACHMENTS 1. Revised recommended conditions of approval 2. Recommended additional environmental finding 3. August 20 Staff Report with attachments, including findings for approval/denial 4. Staff handouts from August 20 meeting 5. Applicant's letter dated 9/25/01 6. Applicant's Plans JON CAIN ROGER G. POST Associate Planner Planning Director ,i REVISED RECOMMENDED CONDITIONS OF APPROVAL 1. This Specific Plan and Subdivision authorize the development of 42 single-family homes. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A -Revised dated 7/9/2001, Exhibits B and C dated 3/16/2001, and Exhibit D dated 6/14/2091, case file nos. SP-2000-1, S-2000-3. 2. A hydrology study (100 year flood) shall be submitted for the review and approval of the City Engineer. The study shall consider the area from the project area to the closest municipal storm drain collection pipe inlet. The study shall consider the adequacy of the existing system to convey any additional runoff. All hydrology study findings and recommendations shall be part of the Engineering Department requirements. 3. A drainage plan shall be submitted for review and approval by the City Engineer showing all of the proposed and existing on- 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 development shall be implemented with the design of the grading plan. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. 4. Separate street improvement plans prepared by a Registered Civil Engineer showing all of the existing and proposed improvements shall be submitted for review and approval by the City Engineer. The plans shall be in accordance with City requirements. The cul-de- sac shall have a minimum diameter of 96 feet. The street right-of-way shall be 50 feet wide with a 6-foot wide utility easement on each side. Sidewalks shall be 5 feet wide and the street width shall be 40 feet curb -to -curb. All missing street . improvements on Paradise Valley Road (approximately 2100 linear feet if curbs, gutters, and sidewalks) shall be constructed. All street improvements shall be in accordance with City standards. 5. 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, and shall adjust the sprinkler heads so as to prevent overspray upon the public sidewalk or streets. 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, its successors or assigns shall 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. 6. For PVC irrigation lines in the public right-of-way, a metallic identification tape shall be placed between the bottom layer of the finished surface and the top of the lines. 7. A soils engineering report shall be submitted for review and approval by the City Engineer. The report shall address the stability of all the existing and proposed slopes on the property. It shall also address the stability of the building pads, the criteria for new retaining wall design, the maximum allowable soil bearing pressure, and the required pavement structural sections for the proposed streets, parking areas, and driveways. The street pavement sections shall be in accordance with Regional Standard Drawing G-24 /7 with National City modifications. All soils report fmdings and recommendations shall be part of the Engineering Department requirements. 8. The method of sewage and collection disposal shall be shown on the street improvement plans. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. A sewer permit will be required unless a letter of approval from the City of San Diego verifying connection to the City of San Diego sewer main is submitted. 9. The new pedestrian ramps at the intersections shall be per ADA requirements and the Regional Standard Drawing. 10. A new street light is required at the intersection of Street A and Street B and at each cul- de-sac. The street light and location shall comply with City standards and ADA requirements. The feasibility and electrical energy availability of the street light shall be verified with the Public Works Department prior to its fmal approval and installation. 11. The existing and proposed curb inlet on the property shall be provided with a "No Dumping" tile in accordance with the NPDES program. 12. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way and the drainage construction on private property. 13. A cost estimate shall be submitted with the plans. A performance bond equal to the approved cost estimate for all of the proposed grading, drainage, street improvements, landscaping, and retaining wall work 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 will be subject to adjustment. 14. A title report shall be submitted to the Engineering Department for a review of all. existing easements and the ownership at the property. 15. Separate traffic signal plans will be required for the intersection of Plaza Boulevard and Street B. The plans shall show new traffic signals and loops. 16. An NPDES permit is required for discharges of storm water runoff associated with construction activity where clearing, grading, and excavation results in a land disturbance. A construction stormwater permit shall be obtained from the Regional Water Quality Control Board. A copy of the permit shall be given to the National City Engineering Department prior to any work beginning on the project. 17. A fmal map is required. The final map shall meet all of the requirements of the Subdivision Map Act and the National City Municipal Codes including certification, acknowledgment, complete boundary information and monumentation. 18. The subdivider shall submit an approval letter from Sweetwater Authority stating that fire flow requirements have been met. If additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Authority prior to obtaining the final map approval. 19. Separate water and sewer laterals shall be provided to each lot. fc 20. The developer shall bond for the monumentation, 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 map. 21. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 22. The final map shall be recorded prior to issuance of any building permit. 23. All new property line survey monuments shall be set on private property, unless otherwise approved. 24. The final subdivision map shall be prepared by a California registered civil engineer with registration number 33965 or lower, or by a California licensed land surveyor. 25. The final 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 map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. 26. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 27. All retaining 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. 28. Each lot shall have a minimum lot area of 5,000 square feet. The final map shall be in substantial conformance with the tentative map depicted in Exhibit A -Revised dated 7/9/2001. Landscaping in the public right-of-way shall be installed in conjunction with the installation of public improvements in accordance with Exhibit C-Revised, case file no. S- 2000-2, dated July 11, 2000. 29. Buildings shall be in substantial conformance with those depicted in Exhibit C dated 3/16/2001, case file nos. SP-2000-1 and S-2000-3. 30. To mitigate potential archaeological impacts on the site, an archaeologist shall field check the flat areas of the property during or following the clearing of vegetation on the property, prior to grading. 31. To mitigate potential biological impacts, the following mitigation measures shall be carried out: A. Construction, including clearing and grading, should occur outside of the bird breeding season (February 15 to August 30). If construction is proposed during the breeding season, a qualified biologist shall conduct a pre -construction survey of the project site and surrounding habitat to determine whether there are active nests in the area. The results of this survey shall be submitted to the Planning Department for review and approval prior to commencement of any construction activity. If an active nest is observed, a minimum 300 foot buffer between the nest and construction activities shall be observed as long as the nest is active. B. Cut slopes above the mid -slope terrace shall be landscaped with native species only. A Coastal Sage Scrub revegetation plan shall be included in landscape plans submitted for the review and approval of the Planning Department prior to issuance of grading permits for the property. C. Offsite mitigation for the loss of Coastal Sage Scrub is required at a ratio of 2:1. This mitigation shall be in the coastal region of southern San Diego County in an area that supports cactus wrens and that is within a Biological Core Resource Area or in a Wildlife Agency -approved mitigation bank. D. Offsite mitigation for the loss of NNG (grassland) is required at a ratio of 0.5:1. The mitigation area shall be purchased in acres of equivalent habitat within a Wildlife Agency -approved Biological Resource Core Area or mitigation bank. E. The proposed best management practices program for the site shall address the potential for increased volume and velocity of runoff from the site to affect Paradise Creek. Plans shall be developed with the consultation of the California Department of Fish and Game. F. Adequate surveys for the California gnatcatcher shall be conducted in compliance with U.S. Fish and Wildlife Service Survey Protocol (1997) prior to the issuance of grading permits. Survey results shall be submitted to the U.S. Fish and Wildlife Service and Planning Department for review. If the survey concludes that gnatcatchers are present or if the applicant wishes to forego the survey requirement, take authorization will be required per the Endangered Species Act. 32. To mitigate potential noise impacts on the proposed homes from the street, a 6-foot high sound attenuation wall shall be provided along the top of the fill slope along Paradise Valley Road. This bottom four feet of this wall shall be constructed with solid material such as masonry block, and the top two feet of the wall shall be constructed of clear Plexiglas. Prior to issuance of grading and building permits, an acoustical study shall be performed to verify the adequacy of the proposed sound attenuation walls. 33. A paleontologist shall be notified prior to the commencement of grading for the project. Evidence shall be submitted to the Planning Department indicating that notice has been given. 34. Minimum 18-foot front yard setbacks and minimum 10-foot deep usable rear yards are required for all new homes. 35. The following shall be carried out to provide for maintenance of slopes and natural areas: A. The developer shall provide a declaration of covenants, conditions, and restrictions, running with the land, setting forth privileges and responsibilities including the duty to maintain all graded and landscaped slopes in the Specific Plan and to preserve all natural slopes in the Specific Plan area that are not proposed for transfer to the adjacent property owner. The CC&Rs shall be subject to approval as to content and form by the City Attorney and Planning Director and shall be provided prior to recordation of the final map. The CC&Rs shall grant the City the authority but shall not obligate the City to assume maintenance of these areas and assess the 2.A full cost, including overhead costs therefor, as a lien or special tax assessment against the properties if said properties are not adequately miantained. B. A corporation, association, property owners' group, or similar entity shall be formed with the right to assess all the properties in the entire development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all graded, landscaped slopes and natural slopes in the Specific Plan area that are not proposed for transfer to the adjacent property owner. Such entity shall operate under recorded conditions, covenants, and restrictions approved by the City Attorney as to form and content, which shall include compulsory membership of all owners and flexibility of assessments to meet changing costs of maintenance, repairs and services. 36. Ownership of natural slope areas west of lot 37 as detailed in Exhibit E dated September 25, 2001 shall be transferred to the owner of the Wellington Estate, who shall be responsible for all necessary maintenance, including landscape maintenance as needed. Subject to terms and conditions as shall be agreed upon by the grantor and grantee, an escrow account shall be opened into which a deed shall be deposited transferring ownership of this property upon recordation of the final map. A lot line adjustment shall be processed as a condition of the escrow to ensure that the deeded area will become a part of the Wellington Estate property. Title shall pass upon recordation of the final map. 37. Landscaping and irrigation for cut and fill slopes shall be installed at the time of grading in substantial conformance with Exhibit B dated 3/16/2001, case file nos. SP-2000-1 and S-2000-3. A detailed landscape and irrigation plan prepared by a California registered Landscape Architect, including plant types, method of planting, etc. shall be submitted for review and approval by the Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. 38. A detailed landscape and irrigation plan for the upper, "transitional" slope areas prepared by a California registered Landscape Architect, including plant types, method of planting, etc. shall be submitted for review and approval by the Planning Director. These areas must be landscaped, irrigated, and maintained to the satisfaction of the City. 39. Construction of new homes shall be limited to level pad and yard areas as identified on the final map. No accessory structures shall be constructed on preserved natural slopes or cut/fill slopes within the Specific Plan area. 40. Prior to recordation of the final map, the applicant shall 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 the Specific Plan and Subdivision 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. 41. Approval of the tentative map expires two (2) years after adoption of the resolution of approval at 5:00 p.m. unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by Section 66452.6 (e) of the California Government Code. 42. The entryway to the project shall include enhanced landscape features and other defining elements to the satisfaction of the Planning Director. RECOMMENDED ADDITIONAL ENVIRONMENTAL FINDING FOR APPROVAL OF THE SPECIFIC PLAN AND SUBDIVISION That the revised mitigation measure pertaining to potential biological impacts is more effective in mitigating or avoiding potential impacts than that described in the Initial Study and that it in itself will not cause any potentially significant impact on the environment. m no. S City of National City August 20, 2001 Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR PLANNING COMMISSION STAFF REPORT Title: Case File No.: Location: Assessor's Parcel Nos.: Staff report by: Applicant: Property owner: Plans prepared by: Combined General Plan/ Zoning designation: Parcel size: Adjacent land use/zoning: North: East: South: West: Environmental review: PUBLIC HEARING — SPECIFIC PLAN AND SUBDIVISION FOR 42 SINGLE-FAMILY RESIDENTIAL PARCELS ON THE SOUTH SIDE OF PARADISE VALLEY ROAD EAST OF THE TERMINUS OF E. 8m STREET SP-2000-1, S-2000-3, IS-2000-10 Vacant property between 811' Street and the east City boundary along Paradise Valley Road 669-060-22, 23, 25, and 27 Jon Cain— Associate Planner Simon & Richard Construction Inc. Paradise Homes LLC Lambert & Associates RS-1 (Single -Family Residential) Four parcels totaling 16.5 acres Single-family homes across Paradise Valley Road/RS-2 Vacant/RS-1 Wellington Estate and other single-family homes/RS-1 Single-family homes/RS-1 and a shopping center across Plaza Boulevard/CL-PD Negative Declaration proposed ,� y BACKGROUND 1. Site characteristics The project site is located 330 feet from the eastern City boundary, along the south side of Paradise Valley Road. The west end of the property comes to a point by the intersection of E: 8th Street, Plaza Boulevard, and Paradise Valley Road. The site is comprised of four contiguous parcels with a total area of 16.5 acres. The irregularly -shaped site is curved along Paradise Valley Road so that it is narrow at the east and west ends and wide in the center. With the exception of the narrow west end, the property varies from 300 to 600 feet in width. The site is zoned RS-1, Single -Family Large Lot and is one of the largest vacant areas in the City. Adjacent properties include the Wellington Estate to the south, a Spanish Revival home built in 1926 that is on the City's Historic Site List. The 5,766 square foot home is on a 2.5-acre lot that is also zoned RS-1. To the north across Paradise Valley Road are Paradise Creek and RS-2 (Single -Family Small Lot) zoned residential neighborhoods. The City's Manchester neighborhood (the O. D. Arnold Estates) starts at the top of the hill to the south and contains single-family homes zoned RS-1. This area contains generally larger lots than those north of the project site under different zoning. A Sweetwater Authority water tank is also at the top of the hill. An underground water line from the tank is present under an easement at the east property boundary. The vacant properties east of the project site are also zoned RS-1, with vacant land in the City of San Diego beyond. There is a shopping center southwest of the site across Plaza Boulevard in the CL zone. The project site is vacant and was previously part of the Wellington Estate, and included orchards or groves in the past. There are few existing improvements on the site. A tree -lined driveway passing through the property leads to the estate. The remains of a garage once used for the estate are on the flat portion of the property. The site contains varying natural slopes. The southern and far western portions of the property slope steeply downward to the north and west, respectively; gentle slopes and flatter areas are located in the northern portion of the property near Paradise Valley Road. A few small canyon and ridge areas are present where areas of higher elevation stretch north toward the road. There is an overall loss of elevation of at least 100 feet from south to north across most of the site. The property is highly visible from hillside properties to the north and from Paradise Valley Road. Traffic on Paradise Valley Road at the traffic signal on the north side of the site has a direct view of the property, and several homes at the top of the hill to the south overlook the site. The site is further characterized by areas of dense native and naturalized vegetation. Most of the property contains non-native grasses; near the st<eet in the flatter portion of the property there are a number of Pepper trees, which were once' part of a larger grove. There is a dense cluster of Eucalyptus trees in one of the canyon areas near the south property line in the center of the property. There are three areas of native Coastal Sage Scrub habitat on the site, including two relatively undisturbed areas at the southeast and southwest property boundaries and a somewhat disturbed area adjacent to the Eucalyptus trees. Although the Coastal Sage Scrub onsite does not contain any listed endangered species, it is considered a sensitive native habitat. 2. Proposed use The applicant proposes a Specific Plan and subdivision for 42 new single-family lots. State law allows a Specific Plan to be adopted to guide development in a precise area. Specific Plans typically cover sites that are particularly important due to their location, characteristics, or unique development potential. A Specific Plan can create new development standards within the plan area that do not comply with the Land Use Code, but it must carry out the General Plan. Access to the project will be provided by a new street connecting to Paradise Valley Road near the center of the site at the location of an existing three-way signal. This short access road will lead to the primary street for the development, which will run east -west with a cul-de-sac at either end. New homes will be located on both sides of the new street and will front on it. One proposed home will be further up the hill, directly behind homes on the south side of the project. Grading will take place on approximately 11.3 acres of the 16.5-acre site. Areas that will not be graded include roughly the western 500 feet of the property and most of the steep slopes at the south end of the property. Grading will extend approximately 200 feet south from Paradise Valley Road at the east and west ends of the development area and will extend as much as 440 feet south in the wider, central portion of the lot. Approximately 75,000 cubic yards of grading is anticipated. Graded material will remain on the site, no import or export of soil is proposed. A retaining wall varying from four to eight feet tall will be built along approximately 550 feet of Paradise Valley Road, west of the new connection road. Other retaining walls varying from six to ten feet tall will be built at the rear of most of the homes on the south side of the east -west street. The average lot size for the project is 15,088 square feet. The majority range in size from 5,080 square feet to 10,000 square feet. Six lots are considerably larger, between 22,950 and 207,120 square feet in size. Building pad sizes are much smaller, however, between 3,180 and 3,420 square feet for all but two lots, which have pads of 4,400 and 6,600 square feet. The lots will generally have 40 feet of street frontage, with those in the bulbs of the cul-de-sacs and the panhandle lot having frontages of 20 to 25 feet. There are three floor plans proposed for the new homes. The applicant anticipates sale prices will range from $214,900 for the smallest plan size; $229,900 for the middle plan size; and $249,900 for the largest floor plan. Plan 1 is a 1,700 square foot home with 4 bedrooms and 2% baths; Plan 2 is a 1,924 square foot home with 3 bedrooms, a den that can be converted to a fourth bedroom, and 3 baths; and Plan 3 is a 2,126 square foot home with 3 bedrooms and 3 baths. All three plan types are two-story with an attached two -car garage in the front. Amenities include laundry rooms, fireplaces, and first -floor ceilings that are own to the second floor. Exterior treatments will include white, tan, or beige stucco with wood trim in neutral colors such as gray, tan, or "Painted Desert", a reddish brown. Wood siding on some wall planes is proposed on Plan 3 homes. Brown to reddish -brown tile roofs are proposed for all new homes. All plans include a substantial amount of window area, including some that will face adjacent homes across side yards. Sliding glass doors are provided at the rear of the homes to facilitate use of the rear yards. The homes are a maximum of 30 feet wide and 60 feet deep, including the garage. Since the lots are generally 40 feet wide, and slopes are present in rear yards, usable yard areas are small. Front yards vary from 15 to 20 feet deep, and usable rear yards are generally 10 to 20 feet deep. The applicant provided conceptual yard plans showing small patios and garden areas at the rear yards, and some trees in side yards. Side yard setbacks of 4 feet on one side and 6 on the other are proposed for each lot creating a total 10-foot distance between homes. The larger 6-foot setback will be used to accommodate small slopes between properties since building pad elevations vary slightly from lot to lot. Varying front yard setbacks of 15 to 20 feet are proposed; rear yard setbacks are at least 50 feet; most rear setbacks are much larger due to the upwardly sloping terrain. The project proposal involves leaving approximately 5 acres of undeveloped open space, consisting of much of the steep slope area at the south of the property and approximately the west 500 feet of the site. Biological open space easements are proposed for areas at the southwest and southeast corners of the property to conserve Coastal Sage Scrub habitat. The easement area would include 1.74 acres of habitat and would be fenced and signed to discourage entry. Landscaping is proposed on cut and fill slopes for erosion control; landscaping is also proposed at the head and toe of the retaining wall along Paradise Valley Road to grow over the wall. Proposed slope landscaping includes a mix of trees, shrubs, and ground cover. The applicant proposes to plant primarily native vegetation that does not require irrigation where new landscaping meets the natural steep slopes at the south end of the property. A homeowners association is proposed to maintain the landscaped slope area along Paradise Valley Road. Maintenance by individual homeowners is proposed for all other slope and yard areas. 3. Analysis General Plan Conformity As noted above, the Specific Plan allows for creation of new standards for development; consequently, the proposal is not required to comply with the Land Use Code. Since there is a Specific Plan proposed, the subdivision simply must comply with Specific Plan. The differences between the proposal and standard Code requirements are described in the following table for comparison: P. Proposed RS-1 Code Requirement Minimum Residential Requirement Minimum Lot Size (sq. ft) Minimum Lot Width (ft.) Side Yard Setbacks (ft.) Front Yard Setbacks (ft.) 5,000 40 4 and 6 15 10,000 60 5 25 5,000 50 5 15 Prior to submittal of the project, the applicant considered a Planned Unit Development (PUD), which also allows flexibility in development standards. A PUD would have allowed minimum 6,500 square foot lot sizes if sufficient dedicated open space were provided as part of the project. The amount of open space would need to match the area of lot size reductions. A PUD could allow the requested smaller setbacks as well. Since the applicant was seeking lots smaller than 6,500 square feet, a Specific Plan was proposed rather than a PUD. As discussed previously, the Specific Plan must demonstrate conformance with the General Plan. The General Plan encourages a Specific Plan for this area of the City -the south side of Paradise Valley Road at the eastern City limit. The intent of the combined General Plan/Zoning designation of RS-1 Single -Family Large Lot for the property is to allow detached single-family dwellings on minimum 10,000 square foot lots at a maximum density of 4.4 units per acre. Although the proposed development includes lots with less than the minimum lot size, the overall density is 2.89 units per acre, well under the maximum 4.4 units per acre allowed by the General Plan. Residentially developed properties in the Manchester area, an RS-1 subdivision south of both this site and the Wellington Estate, are built at a density of 3.81 units per acre. The proposed development will be less dense overall than the area. The proposed minimum 5,000 square foot lot sizes and typical 40-foot lot widths are smaller than those in the Manchester neighborhood to the south. Those lots range from 5,900 to 52,300 square feet in size; 61% of the 154 lots in the neighborhood are less than 10,000 square feet in size. Most of these properties have 60-70 feet of street frontage; lots on cul-de-sacs have a minimum of 45 feet of street frontage. Wider and somewhat larger minimum lots would better comply with the General Plan and would be more similar to the RS-1 neighborhood to the south. Planning Commissioners heard a request to initiate this Specific Plan in August 2000. Commissioners mentioned that the then -proposed 4,400 minimum lot size was small, and that 5,000 square foot lots should be considered at a minimum. A minor change was made that achieved a 5,000 square foot minimum lot size. Staff has since encouraged the applicant to explore wider and larger lots; however, the applicant has stated that the current proposal is preferred since widening the lots will reduce the number of lots and affect the economics of the project. The Housing Element of the General Plan identifies the provision of more moderate- and above moderate -priced housing as an important g(ia1. The Housing Element assumes that vacant RS-1 properties will be developed at half the permitted density due to site constraints, and that all new 2 RS-1 development will be in the above moderate range. This proposal would further the goals of the Housing Element by providing one plan type in the moderate price range and two plan types in the above moderate price range. The proposed density of 2.89 units per acre is substantially lower than the maximum of 4.4 units per acre, and is consistent with the projections of the Housing Element. Land Use Compatibility General Plan policies encourage protecting established single-family neighborhoods from inappropriate higher density development. Although the project site is physically near to the RS-1 zoned Manchester neighborhood, it is not readily accessible from this area; Paradise Valley Road provides the only access. Open space and existing vegetation on the steep slopes near these properties will remain in place as described above. Additionally, the project will be at a lower overall density than the existing residential area, although lot sizes will generally be smaller. The homes in this neighborhood closest to the proposed development are on Manchester Street and the end of Ethel Place; the closest proposed home is over 280 feet from any house in this area and at an elevation over 98 feet lower. Due to the separation between existing homes and new development, minimal impacts are anticipated on the Manchester neighborhood. Minimal impacts are expected on the historic Wellington Estate. The existing driveway and adjacent landscaping will be protected in place —all of the project grading will be north and east of the driveway, at least 100 feet from the home. The new units will be at least 200 feet from the estatehome, at an elevation at least 100 feet lower. It will continue to be surrounded by vegetation and large undeveloped areas to the east and west. The estate has pitched roofs, tile roofing, a prominent fireplace, and a masonry exterior. Proposed homes will relate to the estate, as they include pitched roofs with tile roofing, fireplaces, and stucco and wood exteriors. Proposed color schemes will not negatively contrast with the estate. The project will have minimal impacts on the RS-2 zoned properties in the neighborhood to the north. This area is separated from the project by Paradise Valley Road and partially by Paradise Creek. The nearest home is about 100 feet from the project grading and 150 feet from the closest proposed home. The changed views from this area will likely be the most noticeable impact. This RS-2 neighborhood has smaller lot sizes and a higher density than the RS-1 zoned Manchester neighborhood. Properties in the RS-2 zone along Paradise Valley Road are built at a density of 6.4 units per acre, substantially higher than proposed for the new development. These properties vary in size from 4,600 to 11,900 square feet, with most being between 5,000 and 7,000 square feet. Views of the project site from Paradise Valley Road and the RS-2 residential area to the north will change substantially after development The Pepper trees on the flatter portion of the site near the road will be removed to make way for the new development, and the natural topography of the site will be altered by project grading. Some natural areas and topography will be preserved on the south and west portions of the property, these will be visible from a distance. The most obvious feature from Paradise Valley Road will likely be the retaining walls to be built along approximately 25% of the site's street frontage. Since the walls will have a textured design with landscaping proposed above and below them, they will not be a flat, blank feature. The proposed walls behind the new homes will likely not be visible due to the two-story construction. Though recommended by staff, the applicant provided no photosimulations or other detailed visual analysis. The attached elevational sketch does not provide a realistic image of how the project will appear in perspective when viewed from off -site. Cross -sections prepared by the applicant show that there will no longer be views of the natural slopes from Paradise Valley Road; motorists instead will see the retaining wall and the first row of homes. Views of higher slopes will be blocked by the two-story homes. The project will not have a gateway appearance or defining entry point. New developments are often accented by enhanced landscaping at the primary entrance, which is not proposed for this project. A view corridor to the hillside at the primary entry to the project from Paradise Valley Road would be a potential defining feature; no such amenity is proposed. Design Guidelines and Site Planning In the opinion of staff; the proposed building architecture complies with Design Guidelines. The homes include several desirable elements including pitched roofs, variations in wall and roof planes, numerous windows, second stories set back from the first, appropriate exterior materials, rear doors to encourage the use of yard areas, and the use of neutral colors. The combination of long, narrow homes with several side windows will result in some lack of privacy between neighbors in the new homes. However, there are no nearby rear neighbors for any of the homes, so rear -facing windows will be fairly private. The new homes will have small usable outdoor areas available for recreation due to the narrow lot widths and the presence of slopes behind new homes, and no common recreation areas are proposed. Larger yard areas or common recreation areas are desirable to provide recreation opportunities, particularly since the City has an average household size of 3.38 persons, the largest in the County, and since 30% of the City's residents are 14 or under. The large family size also impacts parking since larger families often have multiple cars. Although two -car garages are proposed, the requested 15-foot minimum front yard setbacks will limit parking availability on the driveways, since 19 feet of driveway depth is required for a parking space. The narrow lot widths also limit parking availability on the street since there will generally be room for only one car on the street in front of each lot between driveways. Since Paradise Valley Road separates the project from other neighborhoods and other on -street parking opportunities, there could be minimal parking available for these homes. A' recommended condition of approval would require front yard setbacks to be a minimum of 18 feet -two feet larger than the minimum compact stall size and one foot smaller than the minimum standard stall size. This would allow more room for driveway parking and should also allow ample room so vehicles do not park in short driveways and overhang the sidewalk. This condition will, however, result in smaller usable backyard sizes since homes will be further back on the lots. Slope and Landscape Maintenance Staff has met with the applicant to discuss potential methods for maintaining the graded slopes and the natural areas of the site that will not be disturbed. The applicant's original proposal to have a homeowner's association care for the slopes along Paradise Valley Road only and have individual homeowners maintain the remaining graded slopes and undisturbed natural areas will likely be inadequate. The applicant and the owner of the Wellington Estate have discussed potential alternatives. The applicant recently submitted a letter that suggests transferring ownership of natural areas adjacent to the Wellington Estate that will not be developed along with the upper portions of the graded areas to the owner of the estate. The estate owner would then be responsible for maintenance of those areas. The estate owner has better access to the upper slope areas, although the applicant's proposal would place a large burden of maintenance on this one owner. The applicant proposes deed restrictions for the lower portions of graded slopes and the slope area along Paradise Valley Road making maintenance of these areas the joint responsibility of all homeowners within the new development. Another option not preferred by the applicant would be to require a homeowner's association to maintain all graded slopes and natural areas on the property. A homeowner's association would likely have the resources necessary to provide for maintenance. To ensure that all slope areas are adequately maintained, it is recommended that a homeowner's association be required for maintenance of all graded slope areas in the Specific Plan area along with the natural slopes in the Specific Plan area behind and east of lot 37. It is recommended that ownership of natural slope areas and some upper portions of graded slopes west of lot 37 be transferred to the Wellington Estate owner as shown on the applicant's map. The estate owner will then be responsible for all necessary maintenance of the upper slope areas. An additional consideration is the fact that individual homeowners may want to use the remaining natural areas or graded slopes for accessory buildings, such as gazebos, patios, sheds, or other structures. It may be undesirable to have accessory structures in these landscaped areas. A recommended condition would prevent the use of these areas for accessory buildings. Conditions would also restrict development to the flat pad and yard areas identified on the subdivision map. The applicant proposes primarily native vegetation without irrigation in the upper slope areas. Much of this area is proposed for transfer to the Wellington Estate property owner. Since no irrigation is proposed, there is a risk that the new landscaping will not establish itself in these areas. Staff has discussed this potential problem with the applicant and is seeking additional input. A recommended condition would require these landscaped areas to be landscaped and irrigated to the satisfaction of the City; the appropriateness of the proposed plant selection and the necessity for irrigation will be further evaluated when detailed landscape and irrigation plans are submitted for the project. Environmental Review As part of the initial environmental review for the project, the applicant submitted technical studies including a biology study, archaeological study, and geotechnical report along with statements regarding other environmental considerations. Staff prepared an Initial Study to evaluate the potential environmental impacts. The attached Initial Study, which describes the environmental considerations in detail, concludes that there will be no significant negative environmental effects if mitigation measures are carried out as proposed by the applicant. The following discussion briefly covers the most relevant environmental topics. The biology study prepared for the site identified native Diegan Coastal Sage Scrub (CSS) habitat of high resource value at the east and west ends of the property, along with somewhat disturbed CSS habitat of a low resource value in the center of the property. There are no wetlands present. A sensitive plant species, Ashy Spike -moss, and a sensitive animal species, the San Diego Cactus Wren, were found in the CSS habitat at the west end. This area will not be developed, and no negative environmental effects on these species are anticipated. Another sensitive species, Coast Barrel Cactus, is present on the east end of the property in the CSS habitat area. Roughly half of this area will be disturbed by the new project. The biology study indicates that the loss of Coast Barrel Cactus would be less than significant since the species is relatively common in the region in undisturbed habitat. The study found that mitigation for the loss of CSS habitat, specifically, a fenced biological open space easement to preserve 1.74 acres (52%) of the habitat area, would reduce the environmental effects to a level beneath significance. City staff discussed the adequacy of the biology study's proposed mitigation measures with California Department of Fish and Game and U.S. Fish and Wildlife Service staff. Neither agency raised concerns since there are no endangered species present on the site. Both were interested in whether this habitat relates to other habitat on adjacent properties. The biology study indicates that there is additional undisturbed habitat on vacant properties to the east; staff research found that there is also protected habitat area in the City of San Diego to the east at the City limits. The Initial Study has been distributed to the state and federal agencies for review; no comments have been received to date. Traffic to and from the proposed project will exit at a four-way stoplight where the three-way stop presently exists. There will be no individual driveways along Paradise Valley Road, an arterial street with ample capacity to carry the estimated additional 443.1 daily trips associated with the construction of 42 homes. The geotechnical study for the project concluded that there are no significant potential landslide or other hazards associated with the project grading. There are no active faults on the property, although the project is designed with a 10-foot setback from a fault line near the east property boundary. The archaeological study did not identify any potential archaeological resources, although it recommends that an archaeologist field check the flat areas of the property during or following the clearing of vegetation on the property, prior to grading. This item is included in the recommended conditions. Whenever the is a large amount of grading, there is a possibility for paleontological resources to be discovered. Consequently, it is recommended that a paleontologist be notified prior to the commencement of grading work. 2 =� The project is located on a north -facing slope, so solar access opportunities are limited. The design of the subdivision allows access to the extent feasible and will not hinder solar access for other properties. Comments The attached citizen letter received in response to the public notice distributed for the project recommends that an environmental study be performed for the project and discusses biology, traffic, slopes, and the adjacent historic home. These issues are discussed above; the Initial Study did not identify a need for any further analysis. Minimum lot sizes and widths and potential impacts on the Wellington Estate are also discussed in the letter; these issues are evaluated in the above analysis of compliance with the General Plan. Standard conditions for public improvements required by the Engineering Department have been included in the recommended conditions of approval, along with standard comments from Sweetwater Authority. Fire Department comments regarding turn -around area have been addressed in the project design and a condition is included regarding fire hydrants. The Sweetwater Union High School District requested that the property annex into a Community Facilities District for school fee purpose; this annexation has already been completed. City of San Diego recommendations regarding street improvements are also attached along with the request for a presentation before the Skyline —Paradise Hills Planning Committee. The applicant has discussed street improvements with the City and designed the new street per National City standards. The applicant has been informed of the request for a presentation. No further comments have been received. RECOMMENDATION 1. Continue the public hearing to a specific date if the Planning Commission determines further consideration should be given to addressing project alternatives regarding visual or other concerns; or 2. Recommend that the City Council approve SP-2000-1 and S-2000-3 subject to the conditions listed below, based on attached findings; or 3. Recommend that the City Council deny SP-2000-1 and S-2000-3 based on attached findings. 33 ATTACHMENTS 1. Recommended Findings for Approval/Denial 2. Recommended Conditions 3. Location Map 4. Departmental and Agency Comments 5. Initial Study 6. Letters from concerned citizens 7. Application 8. Applicant's memo regarding slope maintenance dated August 14, 2001 9. Applicant's Plans (Exhibit A Revised dated 7/9/2001, Exhibits B and C dated 3/16/2001, and Exhibit D dated 6/14/2001, case file nos. SP-2000-1, S-2000-3) JON CAIN Associate Planner ROGER G. POST Planning Director RECOMMENDED FINDINGS FOR APPROVAL OF THE SPECIFIC PLAN 1. Find that the project will not have a significant effect on the environment and adopt the proposed mitigated negative declaration. 2. The proposed plan is consistent with General Plan policies which encourage the following: retention and enhancement of existing hillsides, development at lower densities in areas with steep slopes, a higher rate of home ownership, production of new housing for the moderate and middle income ranges, and the infilling of vacant lots with single family homes, and the preparation of a Specific Plan for the project area. 3. That the project is consistent with the Single -Family Large Lot General Plan designation, since the project provides for single-family homes at a density of 2.89 units per acre in an area where a density of up to 4.4 units per acre is permitted, and since an average lot size of 15,088 square feet is provided in an area of 10,000 square foot lots. RECOMMENDED FINDINGS FOR APPROVAL OF THE TENTATIVE SUBDIVISION MAP 1. Find that the project will not have a significant effect on the environment and adopt the proposed mitigated negative declaration. 2. The proposed map is consistent with the National City General Plan since it provides for retention and enhancement of existing hillsides, development at lower densities in areas with steep slopes, a higher rate of home ownership, production of new housing for the moderate and middle income ranges, and the infilling of vacant lots with single family homes. Additionally, the map is consistent with and will carry out the proposed specific plan for the property. 3. The site is physically suitable for the proposed type of development, since the site is in a single-family residential area and contains gently sloping areas that can accommodate the proposed homes without import or export of soils. 4. The site is physically suitable for the proposed density of development, since the 16.5-acre can accommodate building pads for 42 homes at a density of 2.89 units per acre while preserving steep slopes and biologically sensitive areas. 5. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage oi•`°substantially and avoidably injure fish or wildlife or their habitat, since the proposal includes mitigation measures which will preserve existing Coastal Sage Scrub habitat onsite. $5 6. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, since all necessary public services will be provided. 7. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, since existing easements on the property will remain in place and new homes will be located outside the easement boundaries 8. The discharge of sewerage waste from the subdivision into the City of San Diego sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6. 9. 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. 10. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. RECOMMENDED FINDINGS FOR DENIAL OF THE SPECIFIC PLAN 1. The proposed plan is inconsistent with General Plan policies since the proposed small minimum lot sizes will not provide the optimum benefit to the City and since the density of proposed development is inappropriate for the steeply sloping site. 2. That the project is inconsistent with the Single -Family Large Lot General Plan designation, since the project provides for narrow, 5,000 square foot minimum lot sizes in an area intended for 10,000 square foot lots. RECOMMENDED FINDINGS FOR DENIAL OF THE TENTATIVE SUBDIVISION MAP 1. The proposed map is inconsistent with the National City General Plan since the proposed small minimum lot sizes will not provide the optimum benefit to the City, since the density of proposed development is inappropriate for the steeply sloping site, and since the project provides for narrow, 5,000 square foot minimum lot sizes in an area intended for 10,000 square foot lots. 2. The site is not physically suitable for the proposed density of development, since the steep slopes on the site limit the developable area of the project. J RECOMMENDED CONDITIONS OF APPROVAL 1. This Specific Plan and Subdivision authorize the development of 42 single-family homes. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A -Revised dated 7/9/2001, Exhibits B and C dated 3/16/2001, and Exhibit D dated 6/14/2001, case file nos. SP-2000-1, S-2000-3. 2. A hydrology study (100 year flood) shall be submitted for the review and approval of the City Engineer. The study shall consider the area from the project area to the closest municipal storm drain collection pipe inlet. The study shall consider the adequacy of the existing system to convey any additional runoff. All hydrology study findings and recommendations shall be part of the Engineering Department requirements. 3. A drainage plan shall be submitted for review and approval by the City Engineer showing all of the proposed and existing on- 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 development shall be implemented with the design of the grading plan. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. 4. Separate street improvement plans prepared by a Registered Civil Engineer showing all of the existing and proposed improvements shall be submitted for review and approval by the City Engineer. The plans shall be in accordance with City requirements. The cul-de-sac shall have a minimum diameter of 96 feet. The street right-of-way shall be 50 feet wide with a 6-foot wide utility easement on each side. Sidewalks shall be 5 feet wide and the street width shall be 40 feet curb -to -curb. All missing street improvements on Paradise Valley Road (approximately 2100 linear feet if curbs, gutters, and sidewalks) shall be constructed. All street improvements shall be in accordance with City standards. 5. 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, and shall adjust the sprinkler heads so as to prevent overspray upon the public sidewalk or streets. 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, its successors or assigns shall 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. 6. For PVC irrigation lines in the public right-of-way, a metallic identification tape shall be placed between the bottom layer of the finished surface and the top of the lines. 7. A soils engineering report shall be submitted for review and approval by the City Engineer. The report shall address the stability of all the existing and proposed slopes on the property. It shall also address the stability of the building pads, the criteria for new retaining wall design, the maximum allowable soil bearing pressure, and the required pavement structural sections for the proposed sheets, parking areas, and driveways. The street pavement sections shall be in accordance with Regional Standard Drawing G-24 with National City modifications. All soils report findings and recommendations chall be part of the Engineering Department requirements. 8. The method of sewage and collection disposal shall be shown on the street improvement plans. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. A sewer permit will be required unless a letter of approval from the City of San Diego verifying connection to the City of San Diego sewer main is submitted. 9. The new pedestrian ramps at the intersections shall be per ADA requirements and the Regional Standard Drawing. 10. A new street light is required at the intersection of Street A and Street B and at each cul-de- sac. The street light and location shall comply with City standards and ADA requirements. The feasibility and electrical energy availability of the street light shall be verified with the Public Works Department prior to its final approval and installation. 11. The existing and proposed curb inlet on the property shall be provided with a "No Dumping" tile in accordance with the NPDES program. 12. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way and the drainage construction on private property. 13. A cost estimate shall be submitted with the plans. A performance bond equal to the approved cost estimate for all of the proposed grading, drainage, street improvements, landscaping, and retaining wall work shall be posted. Three percent (3%0) 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 will be subject to adjustment. 14. A title report shall be submitted to the Engineering Department for a review of all existing easements and the ownership at the property. 15. Separate traffic signal plans will be required for the intersection of Plaza Boulevard and Street B. The plans shall show new traffic signals and loops. 16. An NPDES permit is required for discharges of storm water runoff associated with construction activity where clearing, grading, and excavation results in a land disturbance. A construction stormwater permit shall be obtained from the Regional Water Quality Control Board. A copy of the permit shall be given to the National City Engineering Department prior to any work beginning on the project. 17. A final map is required. The final map shall meet all of the requirements of the Subdivision Map Act and the National City Municipal Codes including certification, acknowledgment, complete boundary information and monumentation. 18. The subdivider shall submit an approval letter from Sweetwater Authority stating that fire flow requirements have been met. If additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Authority prior to obtaining the final map approval. 19. Separate water and sewer laterals shall lib provided to each lot. 20. The developer shall bond for the monumentation, 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 map. 21. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 22. The final map shall be recorded prior to issuance of any building permit. 23. All new property line survey monuments shall be set on private property, unless otherwise approved. 24. The final subdivision map shall be prepared by a California registered civil engineer with registration number 33965 or lower, or by a California licensed land surveyor. 25. The final 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 map Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. 26. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 27. All retaining walls shall be treated with "Graffiti Melt Coating" mannfar a ed 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. 28. Each lot shall have a minimum lot area of 5,000 square feet. The final map shall be in substantial conformance with the tentative map depicted in Exhibit A -Revised dated 7/9/2001. Landscaping in the public right-of-way shall be installed in conjunction with the installation of public improvements in accordance with Exhibit C-Revised, case file no. S- 2000-2, dated July 11, 2000. 29. Buildings shall be in substantial conformance with those depicted in Exhibit C dated 3/16/2001, case file nos. SP-2000-1 and S-2000-3. 30. An archaeologist shall field check the flat areas of the property during or following the clearing of vegetation on the property, prior to grading. 31. A portion of the property shallbe placed into perpetual protection within a Biological Open Space Easement as dedicated to the City of National City intended to preclude the removal or addition of any thing, including structures and vegetation, as recommended by the project biologist. This easement shall be fenced along its entire interior boundary and marked with high visibility markers (at 50-foot intervals) along the length of the fence to discourage entry into the natural area. The onsite open space easement shall constitute mitigation for project - related impacts to sensitive habitat and species. Approximately 52% of the onsite scrub habitat identified in the biology report (1.74 acres) shall be conserved onsite. 32. To prevent any significant noise impacts on the proposed homes from the street, a 6-foot high sound attenuation wall shall be provided: along the top of the fill slope along Paradise Valley Road. This bottom four feet of this wall shall be constructed with solid material such as masonry block, and the top two feet of the wall shall be constructed of clear Plexiglas. Prior to issuance of grading and building permits, an acoustical study shall be performed to verify the adequacy of the proposed sound attenuation walls. 33. A paleontologist shall be notified prior to the commencement of grading for the project. Evidence shall be submitted to the Planning Department indicating that notice has been given. 34. Minimum 18-foot front yard setbacks and 10-foot rear yard setbacks are required for all new homes. 35. A homeowner's association shall be established for maintenance of all graded slope areas in the Specific Plan area along with the natural slopes in the Specific Plan area behind and east of lot number 37. 36. Ownership of natural slope areas west of lot 37 and upper portions of the rear slopes shall be transferred to the Wellington Estate owner as detailed in the applicant's submittal dated August 14, 2001, and the property owner of those areas shall be responsible for all necessary maintenance, including landscape maintenance as needed. 37. Landscaping and irrigation for cut and fill slopes shall be installed at the time of grading in substantial conformance with Exhibit B dat" 3/16/2001, case file nos. SP 2000-1 and S- 2000-3. A detailed landscape and irrigation plan prepared by a California registered Landscape Architect, including plant types, method of planting, etc. shall be submitted for review and approval by the Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. 38. A detailed landscape and irrigation plan for the upper, "transitional" slope areas prepared by a California registered Landscape Architect, including plant types, method of planting, etc. shall be submitted for review and approval by the Planning Director. These landscaped areas must landscaped, irrigated, and maintained to the satisfaction of the City. 39. Construction of new homes shall be limited to level pad and yard areas as identified on the final map. No accessory structures shall be constructed on preserved natural slopes or cut/fill slopes within the Specific Plan area. 40. Prior to recordation of the final map, the applicant shall 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 the Specific Plan and Subdivision 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. 41. Approval of the tentative map expires two (2) years after adoption of the resolution of approval at 5:00 p.m. unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by Section 66452.6 (e) of the California Government Code. PROJECT SITE ZONE BOUNDARY — ~' South side of Paradise Valley Road east of 8th Street CITY BOUNDARY 4alswamoe NATIONAL CITY PLANNING DR8/1N. 0/01 DATE: INITIAL HEARING: 8120/01 City of National City Office of the City Engineer 1243 National City Blvd., National City, California 91950-4397 (619) 336-4380 November 17, 2000 ENGINEERING REQUIREMENTS FOR THE REVIEW OF 42 LOT SINGLE FAMILY SUBDIVISION To: Roger G. Post, Director of Planning Department From: Adam J. Landa, Engineering Department 4111 Via: Stephen M. Kirkpatrick; Principal Civil Engineer Subject: 42 LOT SINGLE FAMILY SUBDIVISION ON PARADISE VALLEY ROAD 1. A Hydrology study (100 year flood) shall be submitted. The study will consider from the proposed project area to the closest municipal storm drain collection pipe inlet. The study shall consider the adequacy of the existing drain system to convey any additional run off. All Hydrology study findings and recommendations shall be part of Engineering Department requirements (Ordinance 99-2164). 2. A 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 plan. 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 Pollutant Discharge Elimination System (NPDES) regulations. The property owner, or its successors or assigns shall be responsible for post -development maintenance of a devices and best management practices. A checklist for preparation of the grading and drainage plan is available at the Engineering Department (Appendix Chapter 33 C.B.C. and Ordinance 99-2164). 3. Separate street improvement plans shall be submitted, prepared by a Registered Civil Engineer, showing all of the existing and proposed improvements. The plans shall be in accordance with the City requirements. The cul-de-sac shall have a minimum diameter of 96 feet. Street improvements shall be in accordance with the City Standards. The street right-of-way shall be 50' wide with a 6' wide utility easement on each side. Sidewalk shall be 5' wide and the street width shall. be 40' curb to curb. All missing street (on Paradise Valley Road) improvements shall be constructed. Approximately 2100 L.F. of sidewalk, curb, and gutter. (Ordinance 1473, 1491, 1734, 1927, 1954, 92-2033). Planning Department November 17, 2000 Page 2 4. 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 over spray 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 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 (Ordinance 99-2164). 5. For P.V.C. irrigation lines in the public right-of-way, a metallic identification tape shall be placed between the bottom layer of the finished surface and the top of the lines (Ordinance 99-2164). 6. A soils engineering report shall be submitted for the Engineering Department's review. The report shall address the stability of all of the existing and proposed slopes on 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. The street pavement sections shall be in accordance with Standard Drawing G-24 with National City modifications (Ordinance 99-2164). All soils report findings and recommendations shall be part of the Engineering Department requirements. 7. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the street improvement plans. The sewer main shall be a minimum of 8" and all new sewer laterals, in the City right-of-way shall be 6 inch in size with a clean -out for each property. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. The developer will be required to obtain a letter of approval from the City of San Diego if developer chooses to connect to their sewer main. (Ordinance 1489; 92-2033; 93-2052). 8. The new pedestrian ramp(s) at the intersections shall be per A.D.A. requirements and the Regional Standard Drawing. 9. A new street light is required at the intersection of street A and. street B and at each cul-de- sac. The street light shall be per City standards. The location of the light shall meet the A.D.A. requirements. The feasibility and the electrical energy availability of the street light will be verified with the Public Works Department first prior to its final approval and installation. Planning Department November 17, 2000 Page 3 10. The existing and proposed curb inlet on property shall be provided with a "No Dumping" tile in accordance with the NPDES program (Ordinance 94-2088). 11. A permit shall be obtained from the Engineering Department for all improvement work within the Public Right -of -Way, and the grading construction on private property (Ordinance 1473, 1491, 1734, 1927, 1954, 92-2033). 12. A cost estimate shall be submitted with the plans. A performance bond equal to the approved cost estimate for all of the proposed grading, drainage, street improvement, landscaping and retaining wall work 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 (Ordinance 99-2164,1473, 1491, 1734, 1927, 1954, 92-2033). 13. A title report shall be submitted to the Engineering Department for a review of all existing easements and the ownership at the property (Ordinance 99-2164). 14. Separate traffic signal plans 'will be required for intersection of Plaza Boulevard and Street "B". The plans shall show new traffic signals and loops. 15. A National Pollutant Discharge Elimination System (NPDES) permit is required for discharges of storm water runoff associated with construction activity where clearing, grading, and excavation results in a land disturbance. A construction stormwater permit shall be obtained from the Regional Water Quality Control Board (9771 Clairemont Mesa Boulevard, Suite B). A copy of the permit shall be given to the National City Engineering Department prior to any work beginning on the project (Ordinance 94-2088). TENTATIVE MAP REQUIREMENTS. 1. The final map shall meet all of the requirements of the Subdivision Map Act, and the National City Municipal Codes including certification, acknowledgment, complete boundary information and monumentation (Ordinance 99-2164, 1473, 1491, 1734, 1927, 1954, 92-2033, 94-2088). 2. The Subdivider shall submit an approval letter from Sweetwater Authority stating fire flow requirements have been met. If additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Authority prior to obtaining the final map approval. Planning Department November 17, 2000 Page 4 3. Separate water and sewer laterals shall be provided to each lot/parcel (Ordinance 92- 2033). 4. The developer shall bond for the monumentation, 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 map (Appendix Chapter 33 C.B.C. and Ordinance 99-2164). 5. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground (Ordinance 92-2033). 6. The final map shall be recorded prior to issuance of any building permit. 7. All new property line survey monuments shall be set on private property, unless otherwise approved. 8. The final subdivision or parcel map shall be prepared by a California registered civil engineer with registration number 33965 or lower, or by a California licensed land surveyor. 9. The final 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 map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. AJL:jha2 paradise NATIO AL CITY FIRE DEPA FMENT NATIONAL CITY 333 East 16`h Street PLANNING i?FPA NATIONAL CITY, CA 91950 (619) 336-4550 DATE: 10-31-00 TO: Planning Dept. FROM: Jeff Burriss, Deputy Fire Marshal SUBJECT: Case File #'s — SP-2000-1, S-2000-3, IS-2000-10. C I.2DDD Fire Department concerns re: the above referenced project are the following: Fire apparatus turn-arounds should be larger than shown. One engine might be able to get in, but if the truck company was required there would not be enough room. Sweetwater Authority would need to verify the fire flow requirements could be met. At least one new fire hydrant would be necessary and possibly two. THE CITY OF SAN DIEGO November 14, 2000 Jon Cain 1243 National City Blvd. National City, CA 91950 NATIONAL CITY PLANNING DEPARTMENT SUBJECT: PARADISE VALLEY ROAD SPECIFIC PLAN AND SUBDIVISION REVIEW Dear Jon: The proposed Paradise Valley Road Specific Plan is located along the westerly Skyline - Paradise Hills Community Planning area boundary. Properties within the City of San Diego and adjacent to the proposed project are designated by the Skyline -Paradise Hills Community Plan for single and multi -family development and open space preservation. Recommendations made in the Plan include maintaining the existing character of the predominately single-family neighborhoods, encouraging development to be oriented at a pedestrian scale to stimulate pedestrian circulation and enhancing open space opportunities afforded by Paradise Canyon. Development adjacent to Paradise Canyon is encouraged to be designed to ensure that the natural environment remain undisturbed. A planned residential development permit or other discretionary review is recommended when residential projects of greater than 30 units or greater than 20 units per net acre are developed or redeveloped. The discretionary review process is intended to help ensure compatibility with surrounding structures, as well as quality design of the project and its landscaping. The Skyline -Paradise Hills Community Plan recommends coordination between the Cities of San Diego and National City to widen Paradise Valley Road to a four -lane major street providing a curb -to -curb dimension of 82 feet. A presentation before the Skyline -Paradise Hills Community Planning Committee would be appreciated. Please contact Guy Preuss, Chair, at 619-479-6986. Sincerely, Lara Evans Associate Planner, City of San Diego Planting and Development Review Department Planning and Development Review 202 C Street, MS 4A m San Diego, CA 92101-3864 / /V I11VFP. SIT? r_I (I1m nor coon C.... 1(10\ COI con 11/16/00 15:53 CITY OF; D. LDR 3 619 336 4321 . NO.630 P002/002 CITY OF SAN DIEM MEMORANDUM DATE: November 16, 2000 TO: Ion Cain, Associate Planner (City of National City) PROM: Kamran Khaligb, Transportation Development Section (City of San Diego) SUBJECT: 42 Lot Single Family Subdivision (Case Pile Nos SP-2000-1) We have the following recommendations to the 42 Lot Single Family Subdivision project listed above. 1. 2. The City of San Diego's Skyline -Paradise Hills Community Plan MO 56, Item 7) recommends coordination between the Cities of San Diego and National City a to widen Paradise Valley Road to a four lane major dimensionof 82 feet. Thy we recommendthe fi� projecte t be required to dedicate and improve ValleyR ad of to 1151' half width standard or at least provide an Irrevocable Offer Dedication to provide curb to property line dimension of 51 feet along the entire project frontage. We recommend the project be required to install curb, gutter, and sidewalk along the entire project frontage. Please call me at 446-5357 if there are any questions. kft (14 Kamran Khaligb NATIONAL CITY LANNING DEPARTMENT SWEETWATER AUTHORITY 505 GARRETT AVENUE $i ;'t 0 2 ZOOG POST OFFICE BOX 2328 CHULA VISTA, CALIFORNIA 91912-2328 (619) 420-1413 FAX (619) 425-7469 http://www.sweetwater.org November 1, 2000 Mr. Jon Cain, Associate Planner City of National City Planning Department 1243 National City Boulevard National City, CA 91950 GOVERNING BOARD MARGARET COOK WELSH, CHAIR JAMES'JIM' DOUD, VICE CHAIR SUE JARRETT BUD POCKIJNGTON GEORGE H. WATERS J.S. SKI WOLNIEWICZ CARY F. WRIGHT WANDA AVERY TREASURER MARISA FARPOSI-FRIEDMAN SECRETARY Subject: WATER AVAILABILITY 42-LOT SUBDIVISION, PARADISE VALLEY RD., E/O E. 8'H ST., NATIONAL CITY - A.P.N. 669-060-22, 23, 25 & 27 CASE NO.: SP-2000-1, S-2000-3, IS-2000-10 SWA Gen. File: Water Availability, 2000 Dear Mr. Cain: This letter is in response to a notice of an Application for Specific Plan within the Sweetwater Authority service area. There is a sixteen -inch water main located on the south side of Paradise Valley Rd. adjacent to the proposed development. The Authority's records indicate that there are no water services in the project area. Enclosed is a copy of 1/4 SEC. 104 map, which shows the existing water facilities. At this time, we cannot comment on the adequacy of the existing system to provide fire protection for this project. As plans develop for structures, the Owner must submit a letter to the Authority from the appropriate fire agency stating fire flow requirements. Based on this requirement, this project may result in the need for new water systems or substantial alteration to the existing water system. The Authority recommends that your Agency work with ours to determine if the existing water facilities are adequate to meet the added demands prior to issuing a building permit. Please note that Sweetwater Authority requires a ten -foot horizontal separation between sewer and water laterals. A Public Water Agency T_ T• n Mr. Jon Cain City of National City Planning Dept. Re: CASE NO.: SP-2000-1, S-2000-3, IS-2000-10 November 1, 2000 Page 2 If the Owner provides the required fire flow information and enters into an agreement with the Authority for water facility improvements, if required, water service can be obtained at a pressure ranging from a maximum of 72 p.s.i. to a minimum of 62 p.s.i. If you have any questions, please contact Mr. Russell Collins at 422-8395, ext. 639. Very truly yours, SWEETWATER AUTHORITY. es L. Smyth Chief Engineer JLS:LJE enclosure: photocopy of 1/4 SEC. 104 map pc: Simon and Richard Construction Co., Inc. Mr. Kamil Salem 6443 University Ave. San Diego, CA 92115 I:\erg_pooNaude\WiravailTaradiseValiey Jastrab.doc SWEETWATER UNION HIGH SCHOOL DISTRICT Planning e5. Facilities November 1, 2000 Mr. Roger Post City of National City Planning Department 1243 National City Boulevard National City, CA 91950 Dear Mr. Post: NATIONAL CITY PLANNING DEPARTMENT Q 3 2!} Re: Case File Nos: SP-2000-1, S-2000-10, IS-2000-10 42 SFD on the south side of Paradise Valley Road, east of e. 8th Street. The proposed project will have a significant impact on;. the Sweetwater Union High School District, as a majority of schools in our district, serving grades 7 through 12, are operating at capacity. It is the policy of the school district. that projects with over five new dwelling units be requested to annex to our generic community facilities district (CFD). The district has established a generic CFD (No. 10) and the developer incurs no cost for formation. Please direct any questions by the developer directly to my office at 619-691-5553 or to the district's consultant on this matter, Mr. Jeff Hamill at 760-233-2635. Thank you for the opportunity to comment. Sincerely, k Ili Katy Wright Director of Planning KW/It 1130 FIFTH AVENUE ^ CHULA VISTA CALIFORNIA m 91911 PHONE (619) 691-5553 = FAX (619) 420-0339 City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR INITIAL STUDY Project plans & Environmental Assessment form received on: October 19,2000 Environmental Assessment form determined complete by: Jon Cain, Associate Planner Initial Study completed by: Jon Camsociate Planner Date: July 18, 2001 ****************************************************************************** Address of Project: Vacant properties on the south side of Paradise Valley Road east of the terminus of E. 8th Street Specific Plan for a 42-lot Subdivision for construction of 42 single- family homes, grading and new streets to serve the proposed homes (Applicant: Simon & Richard Construction Inc.) The project includes 16.5 acres of vacant land in an urbanised area. Nearby uses are primarily single-family homes. Water tanks are located on an adjacent parcel. The site slopes downward approximately 100 feet from south to north, and includes some steep slopes. Gradients vary from 10% in the lower, northerly portion of the site to 50% in the higher, southerly portion. A portion of the west end of site has been graded in the past for an existing driveway, which leads to a home on an adjacent parcel to the south. A garage and an orchard accessory to the single-family home on an adjacent property to the south are the only previous known uses of the property. The site contains non-native grasses along with small areas of coastal sage scrub vegetation and some eucalyptus woodland. Additional contiguous coastal sage scrub habitat is found on adjacent property. Case File No.: IS-2000-10 Reference Files: SP-2000-1 S-2000-3 Project Description: Environmental Setting: Date: July 16, 2001 Recycled Paper Conclusion: 1) - X A Negative Declaration is proposed, since (a) There is no substantial evidence that the project may have a significant effect on the environment; or X (b) The project may result in a significant environmental impact but revisions in the plans or proposals made by or agreed to by the applicant mitigate or avoid the effects where clearly no significant effects would occur; or, 2) _ An EIR is required since the project may result in a significant environmental impact. RECOMMENDATION: That the decision -making body consider the proposed Mitigated Negative Declaration together with any comments received during the public review process and find on the basis of the Initial Study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. There is no substantial evidence that the project will have a significant impact on the environment based on the following discussion of potential, non -significant impacts and the proposed mitigation measures CHANGE IN USE: The proposed single-family residential use conforms with that in the adjacent areas to the south, and to the north and west across Paradise Valley Road. Vacant property to the east is also zoned single-family residential, and will likely be used for that purpose if developed in the future. Proposed lots are narrower, and many are smaller than other properties in the RS-1- zone. However, the overall project density will conform with the zone and area. The project design provides for the preservation of roughly 5.2 acres of vegetated open space, primarily on the west end and southern portions of the site. The General Plan identifies the project site as a key entry to the City and encourages the preparation of a Specific Plan for it. Since the property is zoned for single-family residential development, the proposal to maintain approximately 5.2 acres of the 16.5-acre project site prevents a significant loss of open space. ALTERATIONS TO TRAFFIC PATTERNS: Completion of the project will create 42 new residential units. These units will be accessed via a new street that will connect to the south side Paradise Valley Road at Plaza Boulevard. The existing three-way intersection is signalized, and it will become a four-way signalized intersection upon completion of this project. According to the SANDAG `Brief Guide for Vehicular Traffic Generation Rates for the San Diego Region" (July 1998), the estimated number of average daily trips per unit for single- family residential development is 10.555. The proposed project will thus result in an estimate 443.1 daily trips. This traffic will be dected to Paradise Valley Road, which is an arterial street The National City Transportation Study prepared by SANDAG (December 1995) forecasts 2015 traffic volumes on Paradise Valley Road at 29,00triips vehicles per day Paradise The Valley design Road west of Plaza Boulevard, and 21,000 trips perle areast of design capacity is 50,000 trips per day west of Plaza Boulevard and 25,000 trips perday za Boulevard. Due to the small number of trips relative to the design capacity of the streets and the large available capacity, no traffic impacts are anticipated. ARCHAEOLOGICAL AND HISTORICAL RESOURCES 2001.The study indicates An archaeological study for the site was prepared by Affinis in May that no archaeological or cultural resources have previouslys been recorded ed o The adjacent archaeologicaltothe property, and that none were identified during April study does not identify any potentially significant impacts. Due to the limited visibility resulting from dense ground cover present on the site, the study recommends that that an archaeologist field check the flat areas of the property during or following the clearing of vegetation on the property, prior to grading. This recommendation is proposed as part of the project. The only existing structure on the property is a dilapidated garage. The garage is not listed as a historic structure and there are no records for it. The property south of the proposed project contains the Wellington Estate, a Spanish Revival home built in 1926 that is listed as a historic building by the National City Historic Society. A tree -lined driveway leading to the home crosses over portions of the property to be developed. No new development is proposed in the area of the driveway and no changes to the driveway access are proposed. There is no work proposed within 30 feet of the driveway or within 100 feet of the historic home. Consequently, much of the existing mature vegetation will remain, separating the home and driveway from the new development. Additionally, the new homes will be at a much lower grade, at least 90 feet lower than the existing home. The nearest building pad is 200 feet north at an elevation approximately 100 feet lower. As a result of these factors, no significant impacts on the historic home are anticipated. BIOLOGICAL AND WILDLIFE HABITAT A biology study for the site was prepared by biological consultant Vincent N. Scheidt. The biology study identifies three primary biological communities. These include 10.73 acres of non-native Grassland, 3.34 acres of Diegan Coastal Sage Scrub, Coastal Form, and 2.46 acres of Eucalyptus Woodland (Figure 2). The Coastal Sage Scrub (CSS) is the only native community onsite, and it is considered sensitive. Mitigation measures are proposed as described below to prevent the significant loss of CSS habitat. The biology study determined that CSS is located in three distinct areas on the property. The first section is in the center of the property adjacent to the Eucalyptus Woodland. This habitat is somewhat disturbed and is of low resource quality. The other two sections of habitat are on the east and west ends of the property, and are of high resource quality. Grading for the project would eliminate the section of CSS in the center of the property, along with roughly half of the CSS near the east property boundary. The habitat on the west end of the property would not be disturbed. The area to the east of the project site is presently undeveloped. The biology report identifies generally contiguous CSS vegetation east of the property, interrupted only by a narrow disturbed area at the east property boundary where there is a below -ground water line. The adjacent, undeveloped area is contained on three vacant properties in the City of National City and a portion of U.S. Navy property in the City of San Diego. The National City properties total 3.36 acres and are zoned RS-1 Single -Family Residential. These three properties could be developed with single-family homes or subdivided to allow additional single-family lots. The 60.5-acre Navy property in the City of San Diego includes as much as 8 acres of undeveloped area with potential habitat value stretching to the south from Paradise Valley Road. The remainder of the site further south is primarily developed with Navy housing. The habitat on the west end of the property is located in an isolated area at the top of steep slopes, away from areas of potential foot traffic. Although there are small areas of habitat on three single-family residential zoned properties to the south, these properties are developed, two with single-family homes, and the third with water facilities. These properties total 1.2 acres, and appear to contain minimal potentially valuable habitat area. All three properties are smaller than 20,000 square feet and thus could not be subdivided under current zoning due to the minimum lot size of 10,000 square feet in the applicable RS-1 zone. The habitat on the project site has continued to have high resource value despite the construction of homes on those properties 40 years ago. The study also identified two sensitive plant species on the site, Coast Barrel Cactus and Ashy Spike -moss, along with one sensitive animal species, the San Diego Cactus Wren. The study determined that the site is unoccupied by the California Gnatcatcher. The Ashy Spike -Moss and San Diego Cactus Wren were found within the areas of CSS on the west end of the property. No development is proposed on the west end of the property in the vicinity of the CSS, and the biology study indicates that no significant impacts to these species are anticipated. Several dozen specimens of Coast Barrel Cactus were observed in the CSS on the east end of the property. The biology study indicates that the loss of Coast Barrel Cactus would be less than significant since the species is relatively common in the area in undisturbed habitat, and since the majority of the habitat occupied by the species will be conserved as described below. The mitigation proposed to reduce the impacts of the removal of CSS habitat is as follows: A portion of the property shall be placed into perpetual protection within a Biological Open Space Easement dedicated to the City of National City intended to preclude the removal or addition of any thing, including structures and vegetation (Figure 3). This easement shall be fenced along its entire interior boundary and Marked with high visibility markers (at 50-foot intervals) along the length of the fence to discourage entry into the natural area. The onsite open space easement shall constitute mitigation for project -related impacts to sensitive habitat and species. Approximately 52% of the onsite scrub habitat (1.74 acres) will be conserved onsite. INCREASED LIGHT AND GLARE The new homes will include both interior and exterior lighting. City codes require that the proposed lighting be directed away from adjoining properties, and lighting will be further buffered by the surrounding landscaping. The new homes and lighting are consistent with the character of the area, which is a single-family residential area, and will not result in any significant increase in light or glare. NOISE homes will generate Grading for the project coupled with the construction of the single-family temporary construction noise. The single -family -neighborhoods to the south above the property and to the north across Paradise Valley Road would be the possible receptors of any construction noise. Construction noise is regulated by City Codes, which limit construction noise to specific levels, days of the week, and times of day. For properties north of the project, the construction noise should not exceed the ambient noise levels from the street. Although construction noise will be audible at adjacent properties to the south, the City Code requirements applicable to all construction projects will minimize the negative effects. Noise from Paradise Valley Road already is audible in the adjacent neighborhoods. A noise analysis of the roadway is included in "Noise Contours for National City Transportation Facilities", prepared by Dr. Alexander Segal in June 1996. This study identifies a sound level of 70 decibels 50-60 from the roadway, decreasing to 60 decibels between 240 and 630 feet from the roadway. The project takes in to consideration the potential for street noise to impact the proposed homes. To prevent any significant noise impacts on the proposed homes from the street, the project proposes a 6-foot high sound attenuation wall along the top of the fill slope along Paradise Valley Road. This bottom four feet of this wall will be constructed with solid material such as masonry block, and the top two feet of the wall will be constructed with clear plexiglass. This will mitigate potential noise impacts from Paradise Valley Road. Household noise at the proposed homes will affect adjacent residences to the south. This will be mitigated by background noise from other urban uses, including traffic in the area. The City's Noise Ordinance will also regulate potential disturbances. ALTERATION OF VIEWS: The proposed project will result in the grading of most of the site, with the exception of the southern and westernmost portions of the property. What is now a vacant property with a gently sloping, grassy area near Paradise Valley Road and steep, tree- and brush -covered slopes to the south will instead appear from the street as a row of homes above a retaining wall along Par dise Valley Road. From the homes further to the north, the second row of homes may be visible along with the trees on the hillside beyond. Properties to the south will still overlook a large, vacant area, as the project will preserve roughly 5.2 acres of vegetation. Although much of the vegetation nearest the homes on the south will be preserved, grading for the project will remove some of the eucalyptus and pepper trees. There is no protected viewshed in the area, and the General Plan does not identify the existing onsite vegetation or the natural terrai t as significant features. In addition, the highest portion and the east and west ends of the property will not be graded, and landscaping will be planted on 5.7 slopes that are graded. While the new homes will alter the views of the site, the residential development will not result in a significant effect on views. REDUCTION OF SOLAR ACCESS OR OPPORTUNITIES FOR PASSIVE HEATING AND COOLING ON THE SITE OR NEARBY PROPERTIES: The proposed homes will be on the south side of an existing hillside. The project engineer's analysis indicates that all of the second -story roofs for the proposed homes will have solar access and that each home will have either a front or rear yard facing south. Since the property is located on a hillside with street right-of-way at the bottom of the hill, there is no potential for the proposal to negatively impact solar access or passive heating/cooling opportunities for adjacent properties. INCREASED FLOODING/WATER QUALITY: The vacant site presently contains steep slopes, and the site is not improved to prevent runoff from leaving the property. Although completion of the project will increase the area of impervious surfaces, drainage will be improved by the project proposal to direct runoff from the site to storm drains, which are considered adequate to handle any increase in the amount of runoff from the property. Also, landscaping including landscaping on new slopes is proposed by the applicant to minimize runoff and the erosion of slopes. The project further proposes to comply with Federal NPDES standards to prevent any adverse impacts to water quality. PUBLIC FACILITIES AND SERVICES Existing City services are adequate for the proposed development. Public utility agencies expressed no concerns regarding the feasibility of serving the proposed project. However, the Sweetwater Union High School District indicated that the additional homes would have a significant impact unless the properties were annexed into a generic community facilities district. The applicant has proposed to annex as requested by the school district to mitigate the potential impact. Since the project is within a developed area, no impacts on other services are anticipated. AIR QUALITY: There will be short-term, insignificant effects associated with grading and construction on the site. The impact of these effects will be reduced by adherence to City grading standards. There will be long-term effects from vehicular emissions produced by the new homes, however, the impact on air pollution from the addition of the 42 homes is considered insignificant. GEOLOGIC HAZARDS: A geotechnical report was prepared for the project by Allied Earth Technology. The report indicates that no adverse geotechnical conditions were found on the site. Standard Building Code requirements will address potential seismic hazards, and adherence to City grading standards will avoid any potential geologic hazards. OVERCROWDING OR LACK OF PRIVACY FOR ADJOINING DEVELOPMENTS: The development of single-family homes is consistent with the existing single-family homes ire the area. Since the nearest neighboring homes to the south are over 200 feet away and at an'..€ elevation at least 100 above the nearest proposed home, privacy will not be impacted. J�� Additionally, homes to the north and west are located across Paradise Valley Road, and their privacy will not be impacted by the new homes. The homes will be built on smaller lots than the surrounding development. The nearby area is zoned RS-1 Single -Family Residential, and homes generally conform to the minimum 10,000 square foot lot size in the zone. The proposed homes will be on lots as small as 5,000 square feet, with a minimum width of 40 feet. The construction of new single-family homes of similar density within existing neighborhoods is identified as an important goal in the General Plan. The zone allows for a density of one to five units per acre; the project proposes 2.89 units per acre. Although the new homes will be close together on smaller lots than the adjacent neighborhood, the clustered type of development preserves much of the hillside, and the overall project complies with the density standards for the applicable zone. THE CITY OF NATIONAL CITY, CALIFORNIA ENVIRONMENTAL ASSESSMENT FORM NOTICE The information you provide in this form will be used to determine whether or not an environmental impact report is needed. To avoid unnecessary project delays, the information you provide should be complete, accurate and unbiased. 14. 60 CITY OF NATIONAL CITY, CALIFORNIA PLANNING DEPARTMENT INITIAL STUDY GENERAL INFORMATION PLANNING DEPARTMENT FILE NO :TJ-tk��y y) -\O (PLEASE PRINT OR TYPE) TYPE OF PERMIT REQUIRED ,TM PERMIT APPLICANT Si nJ - 1 ■.E.L . . I tV (r. NAME AND ADDRESS OF PERMIT APPLICANT tic 1,1 L 9445 c-0 U -uh✓ i /at . 64 C3 VvivEitr. Y NAME AND ADDRESS OF THE PROPERTY OWNER NtVP. a w,w 5116.0FAt^ NAME AND ADDRESS OF THE PERSON WHO PREPARED THE PLAN p0.g., 9f/39L Sf () vJ 9242Z DATE OF PREPARATION 5t-p- • 2.04k) el- F.� , LEGAL DESCRIPTION OF THE JOB SITE 10� f W 1� 4 PIVIAtilSf vmi &-A A-006fpeti)D 4A-7-2OI c-in,, Mid AtX. 1 SC1 Pool 0as OF Lodi C E 7 or Skip MAP A.O. 15-5 j iit.a Poit.T►a''s 0,c- cool Z. 4 3 or S St-t0 "1 H-P Aii - / 5 • DATE 9 Og 00 PHONE NO. G19 7-f77- 5'?vo S)Abon) S Al LI 91-11 5- SITE ADDRESS `JOWT14.-`410E FOR RESIDENTIAL: NO. OF DWELLING UNITS FOR COMMERCIAL: TYPE OF BUILDING SQUARE FOOTAGE FOR INDUSTRIAL: i�A,RAil fM. - NAM E/! -oF O ST. 4Z• TYYB OF BUILDING SQUARE FOOTAGE OTHER: TYPE OF BUILDING s SQUARE FOOTAGE CITY OF NATIONAL CITY, CALIFORNIA INITIAL STUDY (General Instructions) The State of California requires cities to aRs'�s the environmental impact of all development projects before permits for such action are issued. The attached form will assist you in presenting the environmental effects of your project. The form consists of the following sections. A. BACKGROUND INFORMATION You will be asked to give a general description of the project and its environmental setting. B. ASSESSMENT OF IMPACT You will be asked to respond to .a series of yes/no questions. A "yes" answer will mean the project could have significant environmental effects. These answers will be reviewed by the Environmental Impact Committee to determine whether an Environmental Impact Report will be required. C. STATFcaT OF NO SIGNIFICANT ENVIIONMENTAL EFFECTS You should complete this section only if you answer "yes" to one or more of the questions in Section B, but still believe the project will have no significant environmental effects. D. ADDITIONAL DATA You may be asked to answer other questions and submit additional information to determine whether an EIR is required for the project. If required reed information is not submitted within four (4) months awl receipt of written notification by the Planning Department, or an extended period of time acceptable to staff, the application and project shall be considered withdrawn. E. CERTIFICATION You will be asked to certify the truth and accuracy of your statements. INITIAL STUDY (continued) A. Background Information 1. Give a brief description of the proposed project. Include within this discussion the principal engineering proposals. Z LOT' to-F�,0 T1Sbf tvi va. �,1OO6 S.v. M1N ter s,aoE. u NOuc sew To s ,,r PR-o r Pd �s ►c� Jfr P i PPAA-to, x ✓A-t. y �wD. `v � M.UA� F►r—b CIA FrA. i1" ► 5��. (�civT n.0 �A-`r�, kr ot`'PD~ AA, ,,,��1c' T�Ini 5 �"--�'00�c.� t,a AiT/Ef--1 & V tGJ -7 . f-re,oOo calk `,NU W`-(Ptll. CAA) 4. Describe the environmental setting, including distinguishing natural and man-made characteristics. The discussion should be of the site without (before) the project and include the imme- diate areas surrounding the site. Vh T tAi JO S tJ(41-013..)0D`i kkON.SSI nti SD Ub a 5 0 iNN 1 rA—or, 1i-011Sl $'(, No(t j* OF t D• sBr L/A tA.(O. , )-0 Ehsr , Akooz)w h0 s*APLy st-0114.O)s�atto /*P. . ea-n.► c-00 00 s mutat' Fooz- 1.oi3 PcL-o (AAA-AAr UMAA57 A.D. `F guM' C %11 NA 11i G,.f 4 , 41. INITIAL STUDY (continued) B. ASSESSMENT OF ENVIRONMENTAL IMPACT Answer the following questions by placing a check in the appropriate space in Column A. Specific Questions 1. Does the project significantly change the present use of the project area? (The project area includes the im- mediate location of the project, as well as more remote areas that may be directly or indirectly affected by construction and/or operation of the project.) 2. Does the project alter any unique, natural or manmade features? 3. Does the project affect the conser- vation of any natural or scenic re- sources or scarce natural resources? 4. Does the project alter the biological habitat of flora, fauna or endangered species? 5. Does the project alter or change ex- isting features of any ocean, beach, estuary, bay or tidelands? 6. 7. 8. 9. Does the project of topography in Will the project crease flooding? alter the land form excess of 25 percent? contribute to in - Will the project increase the possi- bility of erosion or sedimentation? Does the project involve any geologi- cal hazards? SEE C.iVA4-'004 BLS 10. Will the project increase the possi- bility of earth slippage? 11. Will the project contribute advers- ly to the quality of air? 7 !/ Column A Yes Maybe No. CMkaAPVI Column B Staff Analysis Yes Maybe No (5\0(4a1 � V Sir) WwNu(- x °.RW N% N-2=1 /u XI p , was iawk) & f r r" A- IA-S X � X ✓ INITIAL STUDY (continued) B. ASSESSMENT OF ENVIRONMENTAL IMPACT (continued) Column A 12. Will the project affect the use of existing or proposed recreational areas? 13. Will the project affect areas of his- toric, archaeological or aesthetic value? (The setting of such sites includes surrounding areas, the nature of which are important to the under- standing and enjoyment of the site itself.) 14. Will the project accelerate the dev- elopment of adjoining non -urban areas? (Examples include the. introduction of facilities such as streets, roads, water mains or sewerage lines in such a manner as to facilitate development or intensification of the use of an area.) Column B Staff Analysis Yes Maybe No 'Yes Maybe No 1S. Will the project tax the City's or other agency's ability to provide necessary facilities? 16. Will the project require any variance from existing environmental standards (air, water, noise)? 17. Will the project alter the character of existing communities? (Examples in- clude, but are not limited to: Changes in traffic patterns Effects on access within the com- munity to commercial establish- ments, schools, parks, etc. Introduction of activities not presently found within the community.) 18. Is the land use proposed by the pro- ject in opposition to the City's ex- .:isting: plans, programs, and policies? C5414.4 l�l.� INITIAL STUDY (continued) B. ASSESSMENT OF ENVIRONMENTAL IMPACT (continued) Column A 19. Will the project require a chaneto zone, adopted community or general plan? 20. Does the project require any variation from existing codes and ordinances? 21. Will the project significantly change the average population density of the community? Column B Staff Analysis Yes j No Yes Maybe No 5fI 22. Will the project alter the lifestyle of the community? 23. Will the project result in overcrowding, a lack of privacy for adjoining develop- ment within the community? 24. Will the project alter or eliminate views? 25. Will the project reduce solar access or opportunities for passive heating and cooling on the site or on nearby property or result in other effects on climate or micro -climate? 26. Will the project result in increased light or glare? 27. Will the project alter or limit access to public facilities or recreational resources? 28. Will the project affect existing transportation systems? 29. Will the project affect the existing utility networks? 30. Will the project affect the existing community facilities or city services? 31. Does the project involve the demolition or removal of existing improvements? /(L v Nr.^' 4W11 CIG I NM-01oa • igt 4-2 w' — aaP.� AYtt U s r& -v P toPLX., �'r INITIAL STUDY (continued) B. ASSESSMENT OF ENVIRONMENTAL IMPACT (continued) Column A Column B Staff Analysis Yes Maybe No Yes Maybe No 32. Does the project alter or improve W,iRI cg• the employment base of the community? )C 11 33. Could the project significantly affect the potential use, extraction, or conser- vation of a scarce natural resource? (Ex- amples include, but are not limited to: Developments which effectively pre- clude the extraction of the region's rock, sand, gravel, or other mineral resources. Uses which effectively preclude the multiple use of regional natural resources in scarce supply. Activities which tend to diminish the supply or availability of regional natural resources that are in scarce supply.) 34. Are any of the natural or manmade fea- tures in the project area unique, that is not found in other parts of the City, County, State, or nation? (Unique features include those areas, structures, biological phenomena, etc., that exhibit distinguish- ing characteristics not found in other areas, or, only in a small number of other areas. Such features can be either good or bad for human health, safety, comfort, or conveniences.) V ENVIRONMENTAL ASSESSMENT STATEMENT (continued) C. STATEMENT OF NO SIGNIFICANT ENVIRONMENTAL EFFECT'S If you have answered yes to one or more of the questions in Section Es, but still think the project will have no significant environmental effects, indicate your reasons below. THIS IS VERY IMPORTANT. Attach additional pages, if necessary. Pos• wr (1)7, cc3,Mr,�ar�tt , sue; 8 s FI ' t vn 62,\-14,-Yr i s-YrWs `(-v sour), pirLREA sue- Who,.) tv OPra fO,srz v rt-t-E Y P-P, Nazik5e4 rat c,- i sic -Es, Ars-JD N ,--O I4N-0lS► OPAAIIUM7e4. D. ADDITIONAL DATA 1. If there are any Army Corps of Engineers or other Governmental Agency public notices or permit numbers applicable to this Niuject, cite them and give dates. Pf k 2. Estimate the amount of grading in cubic yards. .75,O00 cy £ (E dad-s,r� 3. What are the maximum heights of man-made slopes, etc. -)g C. T 4- FILL E. CERTIFICATION I hereby acknowledge that the above Environmental Assessment Statement is true and accurate to the best of my knowledge1..r Date Date 31 cij/o6 Signed Signed it Applicant Psdn who completed this application � -�, 1 gE7z 3190 National City Planning Commission City of National City Planning Department 1243 National City Blvd. National City, CA 91950 July 21, 2001 NATIONAL CITY PLANNING DEPARTMENT JUL 312001 Reference: Public Hearing re. Case File Nos.: SP-2000-1, S-2000-3, IS-2000-10 Dear Commissioners, As residents of National City we are writing you in opposition to the proposed subdivision for 42 homes on the south side of Paradise Valley Rd. near the terminus of 8s' Street. We oppose this proposed subdivision for the following reasons: 1. We disagree that the proposed subdivision has no significant environmental effect. The steep slopes on that property, the existing wetland state of the lower portion, and the proximity to a heavily traveled road all raise serious questions about the local environment and risks to the neighborhood. We feel that a complete environmental impact study and report are required in this case. 2. The proposed minimum lot size of 5000 square feet is too small for this steep location and will result in substandard minimal housing which is incompatible with the neighborhood. The area where this subdivision is proposed is one of the best neighborhoods in National City and we feel property values would be negatively impacted by these tiny lot sizes and resulting small and densely packed houses. 3. The addition of 42 new homes in this location will add additional traffic to an already intolerable traffic area. The residents will have to use Paradise Valley Road or 8th Street for access and these are jammed with cars already. There is no proposal presented for the subdivision developers to mitigate the traffic congestion by constructing additional traffic lanes, so we assume there won't be any. 4. The access to the site is not defined, but if homes front directly onto Paradise Valley Road the danger to the drivers on that road would be considerable. The traffic on Paradise Valley Road is often fast and heavy. The result of new residents stopping to park cars or pulling out of their driveways into the traffic flow would be very hazardous and would add greatly to congestion. There is a real risk to the City that they would have to bear additional future costs from lawsuits of injured parties or costs to mitigate traffic hazards caused by the development. As taxpayers we object to both the risk to drivers and this potential extra financial risk to the City. If the developers include a full size road inside the development with a traffic light to control access from Paradise Valley Road this objection is mitigated. 5. There was no subdivision map sent to the public, but on a steeply sloped property such as this there are always problems with cuts and fills. We object to the project if the developers find it necessary to include slopes steeper than 2/1. 69 6. The historic "Wellington Estate" home is adjacent to the proposed subdivision and has its long driveway apparently passing through it. We are concerned that this precious part of our city's history could be negatively impacted by the proposed development The Wellington Estate is a very positive part of the public image of National City. This beautiful historic home should be considered the architectural centerpiece of any development adjacent to it and therefore the new homes should have appearance and location compatible with it We will re- evaluate our concerns once we see that actual design of the homes on this site. 7. We object to the proposed minimum lot width of 40 feet. 50 feet is normally the minimum even in high -density neighborhoods. This overcrowding of lots onto the site will result in a minimal substandard subdivision and will negatively impact property values in the area. We feel that even a standard 50 feet lot width is sub -minimal and this new subdivision requires a lot width greater than 50 feet due to the proximity to upscale housing adjacent to it. Is summary we object to this plan because of the following: 1. Negative impact on the environment 2. Excessive density which threatens nearby property values 3. Additional traffic congestion in an already congested place 4. Increased risk of traffic accidents 5. Risk of additional future costs to the taxpayers 6. Risk of degrading the beauty of the area We are submitting this in writing due to our inability to attend the public hearing. Please include this letter of protest in the formal records associated with this public hearing. Yours truly, Fred Puhn Margaret Puhn 425 Shell Ave. National City, CA 91950 NATIONAL CITY, CALIFORNIA APPLICATION for: Specific Plan Amendment of a Specific Plan 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 SAP -?.COO" Filing Fee $ i 050 Receipt No.'141000q Date Received br14/b By e-At E.A.F. Required i Fee $ SG° Related Cases - 1.0C 0 S5---z00o SEE FILING INSTRUCTIONS AND CHAPTER 18.112 OF THE NATIONAL CITY MUNICIPAL CODE FOR MORE INFORMATION. I/We hereby request the National City Planning Commission to set a public hearing to consider a Specific Plan or an Amendment of Specific Plan No. , Ordinance No. or Resolution No. to accomplish the following: CAA Vrek.ieta F I.OT 5 ) Mvnn►wu x t,oY S, c, o 0o SF) 401 F ltuurAfE 1 !so R-1 %A/E, 2-, , rs PE& Ito wrniA-'rt f- M T' ii '( Mk', ikPlo (, — Go —22_1 2-3 j zs, 27 NOTE: Applicant must furnish an Assessor's page obtainable from County Assessor 's Office or a plat prepared by a title company, a licensed engineer or land surveyor showing exact boundaries of the subject property. Sketches, maps, etc. that will aid the Planning Commission's review of this request are encouraged Specific Plan or Amendment of a Specific Plan Application Revised December, 1998 Page 1 of 5 / This request for a public hearing for a Specific Plan or Amendment of a Specific Plan is being requested for the following reason(s): '7° d-i-t-e " 1 4 A E-4 ZJ A Lo r S 1 T$ (5; coo o s M r>v) # ‘`r5A 1_0 TS w t 111- Pt 1 ) IP ) 6.14A-01 n)G F. ti L—or. o E 1)13 4- S F Ava-Aixe for S;16 , Z, �4- bows P R Ar-itt (1onitnti M.-um/5 /5 4,36 1)n.i Trs PM ArAE- 'trk to,noo Sc- PROPERTY OWNER(S), of all property included in this application: (Attached extra sheets if necessary). Name: EA-160 r JJ C-Roc k '-Signature.ti,�4. C � tiSignature (Signature acknowledges that this (Si owledg - this application is being filed) application is being d) MtU - IN- Pt2A-YOE.j 644. Address: 1184-6 1_ ki c* Ct Address: S . St&44 7- Avl: 0 Et tit c„4 92014- -303 WEST (AV)n/S1 cit.. 91150-300 Phone No. (31* 4tY I — 0 4- 0 &5 t — a 16 C Fax No. (9+0 ?'"5 1—O 1 '76 4-Date: Name: /N0'(R`1 1AccaT A-E'1 Phone No. Fax No. )C Date: Note: All owners of property within the boundaries of the existing and proposed Specific Plan must sign their consent. Attach an ownership list with consent signatures for more than one ownership. 14. Specific Plan or Amendment of a Specific Plan Application Revised December, 1998 Page 2 of 5 APPLICANT Name: S T-10 rd sf C-44-4/U) c-e.) c,1414.1 . (Please type or print) Signature: (V4tti-L,Q (Signature certifies that the information subthttted with this application is true and accurate to the best of the applicant's knowledge). Address: 6 4- 4 3 - vE.R-ta 11-1-; A ciVioug ch.) 01 tw,.0 64- 9 2-) I A-rri,); VAr-7) t, S A-1,5 M Phone No. (6 (75) 2.4.V*) 5-1 0 0 Fax No. (6 19) 2 t?"7 — Bon' Date: 9 iri06 ATTACHMENTS: Land Use Code Section 18.112.090 California Government Code Section 65461 Specific Plan or Amendment of a Specific Plan Application Revised December, 1998 Page 3 of 5 7,5 NATIONAL CITY LAND USE CODE SECTION 18.112.090 18.112.090 General Plan Map. General Plan, and Specific Plan amendments. A. Purpose. The general plan map, general plan, and any specific plan may be amended whenever public necessity, general welfare, convenience or sound planning principles require, in the manner prescribed in Sections 65350 through 65360, and 65500 through 65506 of the Government Code of the state. B. Initiation. Amendments to the general plan map, general plan, or any specific plan may be initiated by: 1. Minute action of the city council; 2. Minute action of the planning commission. C. Application. Any person desiring to initiate a change in the general plan map, general plan, or any specific plan shall address his request on a form prescribed by the planning commission, to the city planning commission, which shall consider the request at a regular meeting within thirty days of receipt thereof. The director of planning, upon receipt of such request, shall fix the date at which the request will be presented to the planning commission and shall inform the applicant thereof not later than ten days prior to such meeting. A nonrefundable fee in such amount as the city council shall from time to time establish by resolution shall be paid to the finance officer at the time of filing. D. Action of Planning Commission. The planning commission shall, in its sole discretion, determine whether or not to initiate any amendatory proceedings as requested by such person. E. Fee. In the event that the proposed amendment to the general plan is requested by a private citizen, no steps shall be taken to hold any hearings on such proposed amendment until said person has deposited with the city a sum equal to the estimated cost of making such amendment in such amount as the city council shall from time to time establish by resolution. (Ord. 1831 1976). §2(p�), 1984; Ord. 1686 §2, 1979; Ord. 1629 §2(i), 1978; Ord. 14 §§ --5 > Specific Plan or Amendment of a Specific Plan Application Revised December, 1998 Page 4of5 7 NATIONAL CITY, CALIFORNIA APPLICATION for Tentative Parcel Map Tentative Subdivision Map 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 Case Number PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM FOR DEPARTMENT USE ONLY -7a Filing Fee $ � Receipt No. 1(0 Date Received 10 OO By ", - £i E.A.F. Required ti Fee $ 3 50 Related Cases 5p — ZOOO — �-� SEE FILING INSTRUCTIONS AND CHAPTER 17 OF THE NATIONAL CITY MUNICIPAL CODE FOR MORE INFORMATION ASSESSOR PARCEL NO. i 669 — 04,9 u, 23, 21, 24' PROPERTY LOCATION So lark5)17Z PA LA-t Se VieLtzii /LLA-. NNS OF- )41" S COMBINED GENERAL PLAN/ZONING DESIGNATION A" Tentative Parcel/Subdivision Map Application Revised December, 1998 Page 1of3 7 CIVIL ENGINEER OR OTHER AUTHORIZED REPRESENTATIVE Name: : ivO' . 1-Aimr Name: cc-s”99 Sig nature Signature (Si .�� - acknowledges that this (Signature acknowledges that this application is being filed) application is being filed) Address: PD,go D( °J039Z Address: 5 A-40 h)ao, a 92-/69 Phone No.(30 Ti - Zzo y- Phone No. Fax No. (BSI) at1'b - (Ol Fax No. Date: 9 o4 vo Date: PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Name: (,L-AR-A C! `o Name: oz Signature gSignature (Signature acknowledges that this (Si application is being filed) evil C4)-a01, w.1314. Al ROE, Past . Address: 4-$+6 HAt,,,a0 KAAt/0e D iL HIM-, C4 92.6i 9- applica owle on is being it ed) this Address: 9 3 S • Sir • * '";03 s C.)J►A 4 cst- 91790-34/0 Phone No. \8 tl r' 37 29 Phone No. 443) 27 1 -' 01 66 Fax No. Fax No. 044 Z51 —0 /16 ,Date: <Date: f p ' 10 10.a Tentative ParceUSubdivision Map Application Revised December, 1998 APPLICANT Name: Si Q( 2C.- A Con., 5i C uUJ1 hoc — (Please (Please type or print) Signature: (Signature certifies that the information submitted with this application is true and accurate to the best of the applicant's knowledge). Address: Phone No. Fax No. Date: c 443 &\ ,Wv .‘ Sri PruP÷lisE SrA-„ i (»G()) ct4 9 z- ; --- mod' kA14IL SAo-E-M p9) (6)9) 2?'? --8oSs *G Tentative Parcel/Subdivision Map Application Revised December, 1998 Page 3 of 3 A. Lambert & Associates P.O. Box 90392 San Diego, CA 92169 (858)546-1018 June 12, 2001 City of National City Planning Department 1243 National City Blvd. National City, CA 91950 Attn: John Cain Re: Paradise Homes, SP-2000-1, S-2000-3, IS-2000-10 Dear Sir: • NATIONAL CITY PLANNING DEPARTIvIEW JUN 14 2001 On behalf of Paradise Homes LLC, we have the following comments and submittal for your review: 1. Attached are 2 copies of additional landscape plan showing conceptual layouts for typical lots along Steeet "A", including typical cul-de-sac lots. This plan is intended to demonstrate how homeowners may choose to landscape the yards making use of the 10 foot minimum useable rear yard and 4 to 6 foot wide side yard spaces. Also, we do agree to a condition on the final map which requires 19 feet minimum clear space for driveways (19 feet front yard setback to garage). 2. We do not need an exception to the zone requirement for 1,700 square feet minimum home size. Floor plan 1 will be modified to a minimum of 1,700 square feet. Also, no fireplaces will be allowed to extend into the minimum sideyard setback. Floor plan 3 will be modified so that the fireplace is not located in the sideyard setback. 3. The rear slopes south of the homes will be maintained by each homeowner. Above the mid - slope drainage ditch the cut slope will be re-vegitated with materials matching the surrounding slopes so as to blend into the existing environment. Individual gates will be provided to allow for trash pickup, fire clearing, etc. in these areas. 4. Copies of manufacturers brochures for Keystone walls and Versa-I-ok walls are attached for your review. The wall along Paradise Valley Roar will be similar to this type of wall system. Landscaping and irrigation will be provided at the toe and top of the wall to facilitate an aesthetic product and to enhance the appearance of the project from the street and surrounding community. 5. A clean copy of our Specific Plan Narrative is attached as requested. 6. 2 copies of the Tentative Map are attached. The streets now scale and lot areas have been added. Also, a note has been added stating that all of the mass grading and improvements will be completed in one phase, but homes may be phased depending on absorption in the market to as little as 10 homes at a time. 7. We ask that a Mitigated Negative Declaration be issued. A letter from our project Biologist is attached to address your concerns about any impacts from this project. It is also our understanding that you have spoken with our Biologist to clarify the processing requirements as far as the State and Federal Agencies are concerned. We have contacted to California Department of Fish and Game and the U.S. Fish and Wildlife Service about this project. 8. An Archeology study is attached for your review. Nothing was found that would be impacted by the project 9. We have analyzed information provided by the City on existing noise levels at the project site. We have determined that a 6 foot high sound attenuation wall is necessary along the top of the fill slope along the project frontage with Paradise Valley Road. This wall will be constructed with a solid material such as masonry block for the first 4 feet in height. The upper 2 feet will be constructed in clear pledglass for view protection. An acoustical engineer will certify that the City's noise ordinance is satisfied prior to permits for this wall. The acoustical engineer will also certify the building plans for any sound attenuation needed on the second floor. 10. Solar access is provided as required by State law. All two-story roofs will have solar access as well as the majority of rear and front yard areas. Generally, each home will either have a rear or front yard facing south. 11. The Sweetwater Authority has agreed to provide water service to the subdivision. Standard new water mains will be constructed in Streets "A" and "B" along with the necessary service laterals and appurtenances. The new onsite water mains will connect to the existing 16" main in Paradise Valley Road. (See letter on file with the City Engineer). 12. No adverse affect on groundwater will occur as a result of this project. Federal guidelines will be followed during construction to eliminate any impacts on groundwater or storm water. A pollution prevention plan will be included with the grading plans and approved by the City Engineer prior to construction. 13. Existing grades have been added to the cross sections as well as a scale notation to assist in the interpretation of these drawings by the Landscape Architect. Also, the project plan has been photographically inserted into an aerial of thdsurrounding area to demonstrate the project setting. 7? B 14. We will take the project before the Skyline -Paradise Hills Community group prior to going to the Planning Commission, upon the advertisement of the Negative Declaration. 15. The City Engineer has indicated that no widening is either proposed or required along Paradise Valley Road. The City of San Diego will transition any modifications they wish to make to Paradise Valley Road in their jurisdiction into the City of National City's planned improvements which do not involve any widening. We hope this new submittal will enable you to get this project advertised for public hearing as soon as possible. Sincerely, A. & Associates Andrew E. Lambert RCE 34949 SPY A. LAMBERT & ASSOC P.O. BOX 90392 SAN DEIGO, CA 92169 (858)546-1018 April 5, 2001 Paradise Homes Specific Plan (SP-2000-1) Specific Plan Narrative: 1. Architectural floor plans and elevations are submitted. All plans are intended to comply with the City's Design Guidelines. A conceptual site plan is submitted. All lots access to the interior Street "A". Typical setbacks are four feet to six feet for sideyards (10 feet minimum separations between homes) and 15 feet to 20 feet for front yards (20 feet minimum from street). Front yard setbacks will vary from house to house providing for undulation along the street frontage. Rear yard setbacks are well beyond minimums, with all homes at least 40 feet from paradise Valley Road. Rear yard pads extend a minimum of 10 feet beyond the home typically. 2. The purpose of the Specific Plan is to enable the project to conform to the General Plan with a proposed net density of 2.76 units per acre (well under the allowable density of 4.36 units per acre), and an average net lot size of 15,795 square feet (well over the allowable 10,000 square foot minimum), while reducing the minimum lot size to 5,000 square feet. The Specific Plan allows for a viable project while minimizing grading, protecting steep slopes, and protecting biological resources. Access to the existing estate home to the south is also undisturbed with this Specific Plan. The 40 foot wide lot configuration functions as follows: a. House footprints are 30 feet wide, allowing for at least 10 feet of separation between structures. Sideyard setbacks vary from 4 feet to 6 feet to allow for small sideyard slopes where necessary. b. All pads will be fenced for privacy as is typical for subdivisions of this nature. Fences will be made of wood, finished with a natural color stain, and will be six feet high typically. c. Offstreet parking is provided with two -car garages on each house. There will also be room for additional parking in each driveway with garages being setSack at least 15 feet from the front property line and at least 20 feet from the street. d. Cul-de-sac lots and a few "panhandle" lots have minimum frontage widths of 20 feet to allow for a 16 foot driveway. These lots have even more offstreet parking available since the garages are setback further from the street and the driveways are longer. ?, Page 2 of 2 Pages Paradise Homes Specific Plan April 5, 2001 3. A preliminary landscape plan prepared by Mike Lewis of Escape Design, a licensed Landscape Architect, is submitted. Full planting of all slopes with complete erosion control measures is proposed. The rear slopes south of lots 26 thru 42 will be landscaped to create a natural transition to the existing slope areas above. In addition, complete erosion control plans including storm water pollution prevention plans will be submitted along with the final engineering package prior to construction permits. 4. Cross -sections are submitted. 5. The new fill slope area along Paradise Valley Road will be maintained by a landscape maintenance homeowner's association so as to provide for a clean, well maintained project frontage to the surrounding community. 6. The wall along Paradise Valley Road will be a gravity wall system made of decorative concrete wall units such as Keystone, Allen Block, or Versa-Lok. The wall design will be integrated into the frontage landscaping to provide for a high quality appearance suitable for this primary entrance to National City. The rear walls at lots 26 thru 42 and lot 1 will likely also be constructed of a precast concrete wall system, finished to complement the architectural finish of the homes and fencing. This narrative was prepared by: ndrew E. Lambert P.E., L.S. For: Paradise Homes, LLC NATIONAL CITY PLANNING DEPARTMENT AU615 2001 A. Lambert & Associates P.O. Box 90392 San Diego, CA 92169 (858)546-1018 August 14, 2001 Fax Memo to City of National City, Planning Department Attn: John Cain Re: Paradise Valley Subdivision John, as we have discussed by phone, Kamil Salem and myself have had extensive discussions with the owner of the historic mansion above the project site, Mr. Peter Moncrieff. We have worked closely with Mr. Moncrieff 'to create a project design which does not negatively impact the existing historic estate. This joint effort was a major influence on the project which is now before you, particularly the clustering of lots to minimize grading on the steep hillsides and to avoid grading of the westerly portion of the site, leaving the existing driveway easement and hillsides westerly of the estate in their existing natural condition. The project will create graded slopes which transition into these steep slope areas to the south and west of the clustered lots. We have proposed that the lower portions of these graded rear slopes be landscaped, irrigated, and maintained by the individual homeowners. The upper portion of these graded slopes would be replanted to match existing natural vegetation of the surrounding steep slopes. These naturalized areas would not require permanent irrigation, but would be watered and maintained by the developer until the re -vegetation takes hold on its own. Thereafter, the limited maintenance necessary for these upper graded slope areas would be included with the maintenance of the front slope along Paradise Valley Road which would be secured by deed restrictions and be jointly the responsibility of all homeowners within the project. A mid -slope drainage ditch will be installed on the rear slopes as a defining transition from the irrigated landscaping maintained by individual homeowners to the non -irrigated natural re -vegetation. Mr. Moncrieff has indicated a desire and willingness to accept title to the natural steep slope areas discussed above which surround his historic estate. A copy of the Tentative Map showing the proposed property to be transferred under such an arrangFnent will be delivered in the morning. The Specific Plan and Map would be modified to create a lot encompassing these steep slope areas which would be transferred to Mr. Moncrieff upon 3 Page 2 of 2 Pages John Cain Fax Memo 8/14/01 recordation of the Final Map. The developers are perfectly willing to accept such an arrangement, which seems mutually beneficial to all concerned for the following reasons: 1. These natural areas would be restored back to the historic estate (to which I understand they belonged until 1988). 2. The preservation of these steeply sloping areas in conjunction with the historic estate by a single owner does seem to be in the best interest of the public. from the lower 3. These steeply sloping areas are naturally separated portion of the site where the new homes are to be built, and include designated habitat which will remain in its natural state. In order that the project not be delayed, we would ask that the planning commission approve the project with conditions that the Tentative Map and Specific Plan be modified to accommodate the above arrangement, should the City so desire. Sincerely, Andrew E. Lambert P.E., L.S. cc: Kamil Salem Peter Moncrieff 7s knyv 219.1991229.1 MENEM „a:a lknkkR IMPA WHIM §§§§§§§§§§§ $PUR QM444444449RMRQQRQQR 211110111111111111111111311111111111ee aCCCC!lCCC@@L'CCC�lClCl'CC L`CCliCC H fig. 311@1111 1111111111111111 s SSSSSoo Rg�j omo 0 0 spa.Sag$9498599��ggil8gg3'99 lit1.111111- SQ -----aa=342ax- 1 v �� iihn§§§§§§§§§§§§§§§§§§§§§§§§§m d v- � o [ ey 08/20/2001 17:35 8586273984 DFG SO COAST PAGE 02 US Fish and Wildlife Service Carlsbad Fish and Wildlife Office 2730 Loker Avenue West Carlsbad, CA 92008 (760) 431-9440 FAX (760) 431-9624 HANDOUT ITEM NO. 5 August 20, 2001 CA Dept. of Fish & Game South Coast Regional Office 4949 Viewridge Avenue San Diego, CA 92123 (858) 467-4201 FAX (858) 467.4299 In Reply Refer To: FWS-SDG-2109.1 Mr. Jon Cain City of National City Planning Department 1243 National City Blvd. National City, CA 91950 Re: Comments on a proposed Mitigated Negative Declaration (fS 2000-10) for the proposed housing development on the south side of Paradise Valley Road, City of National City, San Diego County, California (SCH# 200) 071105). Dear Mr. Cain: The U.S. Fish and Wildlife Service (Service) and the California Department of Fish and Game (Department), hereafter collectively referred to as the Wildlife Agencies, have received and reviewed the documents associated with the draft Mitigated Negative Declaration (MND) for the above - referenced project. However, we have not received the draft KIND, and our comments reflect our review of the initial Study, the Environmental Assessment Form, and the Biological Resources Survey Report (Biology Report). The project is located on the south side of Paradise Valley Road at the terminus of East 8' Street in the City of National City (City). The primary concern and mandate of the Service is the protection of public fish and wildlife resources and their habitats. The Service has legal responsibility for the welfare of migratory birds, anadromous fish, and threatened and endangered species occurring in the United States. The Service is also responsible for administering the Endangered Species Act of 1973, as amended (Act) (16 U.S.C. 1531 et seq.). The Department is a Trustee Agency and a Responsible Agency pursuant to the California Environmental Quality Act, Sections 15386 and 15381 respectively. The Department is responsible for the conservation, protection, and management of the state's biological resources, including rare, threatened, and endangered plant and animal species, pursuant to the California Endangered Species Act, and administers the Natural Community Conservation Planning program. The proposed project includes subdividing 16.5 acres into 42 single-family residential lots and open space. The project site includes 10.73 acres of non-native grassland (NNG), 3.34 acres of Diegan coastal sage scrub (CSS), and 2.64 acres of eucalyptus woodland. Three distinct patches of CSS are connected by NNG and eucalyptus woodland. San Diego cactus wren (Campylorhynchus brunneicapillus sandiegensis; cactus wren), a State Species of Special Concern, were observed on site, and several distinctive cactus wren nests were documented near the western end of the property. 08/20/2001 17:35 8586273984 DFG SO COAST PAGE 03 Mr. Cain (FWS-SDG-2109.1) 2 As proposed, the project will impact 1.6 acres of CSS, and 9.8 acres (City, Jon Cain, pers. comm. Sl20101) of the NNG and eucalyptus woodland on site. According to the Initial Study, to mitigate for impacts to CSS, the applicant proposes to dedicate a Biological Open Space Easement to the City over two distinct patches of CSS on opposite sides of the property. The Wildlife Agencies offer the following comments and recommendations to assist National City in avoiding or minimizing potential impacts to sensitive native plants and wildlife: 1. The documentation that we received did not contain the draft MND, though it did contain the Initial Study, the Envi romneutal Assessment Form, and the Biology Report in support of the MND. Without the MND, we do not know what mitigation measures the City is intending to implement (i.e., which measures are committed to in the MND). Our comments are based on the assumption that the mitigation measures that would be specified in the final MIN, are those described in the Initial Study, plus recommended changes as specified in this letter. If this is not the case, the City should re -circulate the CEQA documentation with a draft MNI) and provide an additional public comment period, 2. The amount of acreage to be developed is unclear. On page 2, the Initial Study indicates that 5a acres of vegetated open space would be preserved on the west end and southern portions of the site. However, page 4 of the Initial Study and Table 2 of the Biology Report indicate that 1.74 acres (52% of the on -site CSS) will be placed in a Biological Open Space Easement. The final MND must clarify the amount of acreage of the three habitats on site that would be developed. 3. The proposed project, including the preserve design, would aggravate the already isolated condition of the CSS on site, and thereby further degrade the quality of the remaining CSS. In addition, the CSS adjacent to the eastern boundary of the property is likely to be eventually developed as single family residential. While the CSS proposed for conservation will be avoided, it will have minimal long-term conservation value. It is unlikely that the CSS remaining after the proposed and future adjacent development will support any sensitive animal species in the long term. The cactus wren, a non -migratory and territorial species, is declining. Our recommended mitigation for the cactus wren is avoidance of direct and indirect impacts if the remaining habitat can support the species. In this case, it is unlikely that the CSS in the proposed Biological Open Space Easement (Easement), as depicted on Figure 3 in the Biology Report, would support cactus wren in the long term because of its lack of contiguity with and distance from other sizable patches of CSS. We typically consider such fragmented and isolated habitat as impacted even though it will not be developed. We recognize that the existing fragmented condition of the CSS is not a result of the proposed project. Therefore, rather than include die CSS proposed for placement under the Easement in the calculation of impacted acreage, we recommend that it be considered impact -neutral (i.e., no mitigation required). No Easement would be established and no fencing or other protections would be necessary. The balance of the CSS (i.e., the CSS that is developed) should then be mitigated at 1:1 to 2:1 (or, at 3:1 to 4:1, if it is maritime succulent scrub — see # 4) entirely off site in the coastal region of southern San Diego County, in an area that supports cactus wrens and that is within a Biological Resource Core Area or in a Wildlife Agency -approved mitigation bank. 08/20/2081. 17:35 8586273984 DFG SQ COAST PAGE 04 Mr. Cain (FWS-SAG-2109.1) 3 4. The presence of several species associated with maritime succulent scrub (MSS) within the habitat designated as CSS indicates that the habitat may be MSS. Specifically, prickly pear (Opuntia littoralts), coast cholla (Opuntia proli fern), and the cactus wren, are associated with MSS (Holland 1986). Cactus wrens nest almost exclusively in tall Opuntia cacti and supplement their diet of insects with the fruit of the Opuntia (Rea and Weaver 1990). We recommend that you reevaluate the vegetation community on site to determine whether it is MSS or CSS. If it is determined to be MSS, we recommend that the loss of MSS be mitigated at a ratio of 3:1 to 4:1, depending on the quality of the habitat in the area to be impacted relative to quality of the habitat in the area to provide mitigation. If it is determined to be CSS, the loss should be mitigated at a ratio of 1:1 to 2:1, also depending on on -site versus off -sire habitat quality. We are available to assist you in this determination, prior to the City's preparation of the final MND. 5. To minimize impacts on the nesting cactus wren and any nesting raptors on site or in the vicinity, construction (including clearing and grading) should occur outside of the bird breeding season (February 15 - August 30). If construction is proposed during the breeding season, a qualified biologist should conduct a pre -construction survey of the project site and surrounding habitat to determine whether there are active nests within the area. If an active nest is observed, we recommend that a buffer be established between the construction activities and the nest so that nesting activities are not intemtgrted. For raptors, the buffer should be a minimum width of 300 feet and should be in effect as long as construction is occurring and until the nest is no longer active. 6. NNG and ruderal areas in San Diego County provide important foraging habitat for raptors. The project site provides a significant area of NNG (10.73 acres preproject) for raptor foraging, and the site and adjacent habitat to the east may provide suitable raptor nesting habitat. According to the Biology Report, red-tailed hawk (Buteo jamalcensis) were observed over the project, and other raptor species including red -shouldered hawk (Buteo Uneaten), Cooper's hawk (Aecipiter cooperif), and northern harrier (Circus cyaneus) are known from the area. The Biology Report also documented the occurrence of important raptor prey species (desert cottontail [Sylvilagus audubonii], Valley pocket gopher (Thomomys bonne], and California ground squirrel [Spermophilus beecheyij) on the project site. Primarily due to development, raptor foraging areas are rapidly disappearing in coastal San Diego County. Cumulatively, raptor foraging habitat loss may be significant, and impacts to this resource warrant mitigation. Fite Wildlife Agencies, therefore, recommend that the impacts to NNG be mitigated at a ratio of at least 0.5:1 through the inclusion of the undeveloped portion of the NNG in the western portion of the Biological Open Space Easement (as described in comment #4). If there is insufficient remaining NNG on site to meet this mitigation ratio, the balance of NNG needed should be purchased in acres of equivalent habitat within a Wildlife Agency -approved Biological Resource Core Area or mitigation bank. As an alternative mitigation strategy, the applicant may wish to reduce the impacts to the on -site NNG to obviate the need for off -site mitigation. 7. We are concerned that the biological surveys did not accurately identify on -site biological resources, It appears that only three (3) surveys for coastal California gnatcatcher (Polioptila calf, fornica californfca; gnatcatcher) were conducted for the environmental assessment of this property. The gnatcatcher is federally listed as "threatened" under the Federal Endangered Species Act of 1973, as amended (ESA), and is a State Species of Special Concern. For this species, the Service recommends a minumum of six (6) surveys during the 08/20/2001 17:35 8586273984 AFG SO COAST PAGE 05 Mr. Cain (FWS-SDG2109.1) 4 breeding season and nine (9) surveys during the non -breeding season for determining presence/absence of gnatcatchers in jurisdictions not participating in the Natural Community Conservation Program (such as National City; see Survey Protocol 1997). Furthermore, the Service does not have a Survey report for the gnatcatcher on file for this project. This should have been submitted to the Service within 45 days of completion of the surveys, as per the provisions of the surveyor's 10(a)(1XA) permit. As a result of the lack of information provided and an insufficient number of surveys, we cannot fully evaluate the status of gnatcatchers on site. Prior to the City issuing any grading permits for the project, the Service recommends that the project proponent conduct the appropriate surveys, provide to us the results of the surveys, and obtain our concurrence of your conclusions. Alternatively, you may assume that gnatcatchers are present. If griatcatchers are detected on or near the site, or if their presence is assumed, take' authorization (per the ESA) will be necessary for any direct or indirect impacts. Take authorization may be obtained through section 7 of the ESA, provided there is a Federal nexus, or through section 10 of the ESA. 8. On page 5, the Initial Study indicates that landscaping would be used to buffer the proposed houses from lighting. The Wildlife Agencies are concerned about the impact of invasive non-native species, and recommend the use of native plants to the greatest extent feasible in the landscape areas, especially in areas adjacent to sensitive habitats such as the CSS/MSS to the southwest of the property.. Exotic plant species not to be used include those species listed on Lists A & B of the California Exotic Pest Plant Council's list of "Exotic Pest Plants of Greatest Ecological Concern in California as of October 1999." This list includes such species as: pepper trees, pampas grass, fountain grass, ice plant, myoporum, black locust, capeweed, tree of heaven, periwinkle, sweet alyssum, English ivy, French broom, Scotch broom, and Spanish broom. A copy of the complete list can be obtained by contacting the California Exotic Pest Plant Council at 32912 Calle del Tesoro, San Juan Capistrano, CA 92675-4427, or by accessing their web site at http://www.caleppc.org. 9. On page 1, the Initial Study indicates that the project site drains to the north, towards Paradise Valley Road. Across from the project site, Paradise Creek runs along and just north of Paradise Valley Road. Paradise Creek is an earthen channel across from the eastern % of the project site and a concrete channel downstream of there (City, Jon Cain, pers. comm. 8/17I01). The Regional Water Quality Control Board (Regional Board) has designated the beneficial uses of "warm freshwater habitae' and "wildlife habitat" for Paradise Creek, which is a tributary to Paradise Marsh and San Diego Bay.' The Department encourages and supports programs that maintain a high quality of the waters of the state and prevent the degradation thereof caused by pollution and contamination. In addition, the Department seeks mutual cooperation with the Regional Water Quality Control Board (Regional Board) "Take" is defined by the ESA as "harass, harm, pursue, hunt, shoot, wound, trap, capture. or coiled or attempt to engage In any such conduct.' fESA §3(t 8)1 `Herase" is further defined by the Service es "actions that create the likelihood of injury to listed species to such an extent as to significantly disrupt normal behavior patterns which include, but are not limited to, breeding, feeding, or sheltering." 'Hann" is defined by the Service to include 'significant habitat modification or degradation that results in death or Injury to listed species by significantly impairing behavioral patterns such as breeding, feeding, or sheltering." (50 CFR §17.3] 2 The beneficial use of "warm freshwater habitat' includes uses of water that support warm water ecosystems including, but not limited to, preservation or enhancement of aquatic habitats, vegetation, fish or wildlife, including invertebrates. The beneficial use of `wildlife habitat" Includesuses Of water that Support terrestrial ecosystems including, but not limited to, preservation or enhancement of terrestrial habitats, vegetation. wildlife or wildlife water and food sources. qll 08/20/2001 17:35 8586273984 •", �Vt �.V vi Ly..,V cesA toVIO.AVVVG DFG SO COAST PAGE 06 va rim *NU Yeieeelee otter Mr. Cain (FWS-SDO-2I09.1) 5 in solving water quality problems. On page 6, the Initial Study mentions the intention to comply with National Pollutant Discharge Blimieation System standards. However, the project -related documentation we have reviewed provides no information on the best management practices (BMPs) planned for the proposed project. The Wildlife Agencies are concerned about the potential for project -related contaminants to reach the stream, and for morphological degradation of the stream. We are concerned about increases in impervious areas and the resulting changes in the velocity, volume, duration, and frequency of wet- and dry -weather flows. Over time, these changes can seriously damage stream habitats. Increases in flows from impervious surfaces associated with urbanization can result in:1) strews bed scouring and habitat degradation; 2) shoreline erosion and stream bank widening 3) loss of aquatic species; and 4) decreased basetlow (USPS'A 1999)- The Wilder Agencies oppose any development which would moult in a reduction of wetland habitat values or area Therefore, we recommend that the site design and operation be modified to minimize the increase in dry and wet -weather Sows. The project design should integrate BMPs on site to folly mitigate for the project -related contaminants in the surface flows prior to their discharge to the stream, and to attenuate the increased flows to reduce impacts on the stream morphology and habitats. Examples of BMPs to consider include appropriately sized grassy males and vegetated detention basins. We appreciate the opportunity to comment on the proposed MND. Our comments and recommendations will require further coordination by the City with our staffs. We look forward to your response to our comm5 nts and offer our assistance on this project. If you have any questions or Concerns regarding this letter, please contact Carolyn Lieberman (Service) at (760) 431 9440 or Libby Lucas (Department) at (858) 467-4230. Nancy Gilbert Assistant Held Supervisor Carlsbad. Fish and Wildlife Office U.S. Fish and Wildlife Service References Cited Sincerely, William E.'lippets Ettviro unentai Program Manager South Coast Regional Office California Department of Fish and Game Holland, R.P. 1986. Preliminary descriptions of the terrestrial natural communities of California. State of California, Department of Fish and Game. Rea, AM. and K.L. Weaver. 1990. The taxonomy, distribution, and status of coastal California cactus wrens. Western Birds 21: 81-126. U.S. Environmental Protection Agency. 1999: Preliminary Data Summary of Urban Storm Water Best Management Practices. EPA-821-R-99-012. 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Lambert & Associates P.O. Box 90392 San Diego, CA 92169 (858)546-1018 September 25, 2001 John Cain Planning Department City of National City 1243 National City Blvd. National City, CA 91950 Re: Paradise Valley Subdivision Dear Sir: Although we have discussed the issues at length, I send this letter as a written response to your comments in your August 24, 2001 letter: Comment #1: Vince Scheidt has carefully considered all comments from the agencies and responded in the letter faxed to you yesterday (also attached hereto). Major items are: The developers are ok with a condition of approval requiring a biologist pre - construction survey if we grade between 15 February and 30 August. The project will provide additional biological open space over the entire upper portion of the site to provide connectivity of the habitat in this area. The easement area will now be approximately 4.9 acres. The upper portion of the manufactured cut slopes will also be in this easement and will be revegetated to a natural condition with native species. (See attachment noting easement on the concept landscape plan.) Comment #2: The developers have hosted one meeting at City Hall with your help and another meeting at the Peter Moncrieff's estate this past Sunday for all concerned neighbors. The meeting at City Hall was noticed by mailto all those who left addresses at the Planning Commission meeting and as you e second meeting was noticed by door- to-door of the adjacent neighborhoodow was poorly attended. or - and was better attended. Comment #3: The developer will agree to a suitable form of limited homeowner's association only for purposes of maintaining the front slope landscaping and the upper rear slopes in the open space easement. All areas deeded to the Moncrieff estate will be maintained by the estate. Very little maintenance will in fact be necessary for the open space easement as 94/ Page 2 of 2 Pages 09/25/01, John Cain we have discussed. (See attachment noting maintenance on concept landscape plan.) Comment #4: The transfer of property to Mr. Moncrieff can only occur after the final map has recorded. The Specific Plan and Tentative Map conditions will record, the final map will record, then the property will be deeded. Comment #5: The manufactured slopes have been taken out of the proposed transfer to Mr. Moncrieff. The approximate area of this transfer is now 4.7 acres. (See attachment showing new alignment of property to be transferred.) Comment #6: The rear slopes behind lots 1, and 25 thru 42 are to be privately maintained by the individual homeowners up to the limit of the proposed open space easement. We do not see why each homeowner should be restricted in any way from using their yard and slope area as they see fit so long as they abide by all local, state, and federal laws. If accessory structures are allowed by the City, any homeowner should be able to construct one subject to approval of a building permit. Comment #7: The developer has indicated that an enhanced entry way will be beneficial to the project. Monument signs and special landscaping will be used in such a way as to not conflict with sight distance at the intersection. A concrete sign approximately 18 inches to 24 inches in height and six to eight feet in length will be installed on both sides of Street "B" along with accenting plants. Comment #8: This project does comply with the General Plan. The clustered lots are necessary to create a project that is sensitive to the environment. The proposed 2.89 units per acre is far below the 4.4 units per acre allowed by the General Plan. Furthermore this project provides 2 homes in the above moderate price range as specified in the Housing Element. The project is substantially buffered from the established RS-1 neighborhood to the South both horizontally and vertically. Clustering also enables the project to blend with the adjacent historic estate. Please call with any questions or comments what -so -ever. Sincerely, Andrew E. Lambert P.E., L.S. (...D g.z. misetkiNto)tb NOcou'ir-t-EN4Qcdv._ ASY2Ct klAdEND ItICE) M CC) `Ai "V-5 Ouch U. Cak.*NOW IlwieriloplustMertArroin 64.0.6.• Mooktlea•A•oraftambrno.0..1 *ta fronnnw [0...1 ayar. 6eIsispnve. maim KCVO TRIM Such MK 01 *of mny mara Wes WM krtio.0 40 Mat* Kwasa PoWeriArnOle Ca, sw Miran 0,1.0 Ree WAN% PM Oil =Ma FF-Uy 0.101.• Cornto•None Noteement.. al - PM. 'its u,,T5 k) 2;5 TO • INt)vi (yl- rp Col?) c) Huy** OM Paw** [MIN. Oweeum,Sa. Mama IMAM, no Inillegbr jean E•10011 Tr %NUN ' WAY TWO to NM Plaf.14011. 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MINIMI0 000 00001 S;a 60069B ft9T T6R*X0 146]M61 0.-1-N9309MT]1.L ywµftf01J017YY ].50 ff1011 P69 ACP[ EtlYrixa V56: V ew•14 440 6 9611Ctt 111111581165 669-06041, 13. 45, MO 11 6aWe111W 01 Sale pramof atl lay: W ]Oa*obe+tlb, 19]I a File Na m pyd9a DYP hY a®10¢ahi _ Lambe f & Associates City of National City, California COUNCIL AGENDA STATEMENT IEETING DATE November 20, 2001 PROPOSED SEWER RATE INCREASES FOR FISCAL YEARS 2002 AND 2003.- / ITEM TITLE AGENDA ITEM NO. 3 PREPARED BY Stephen Kirkpatrick DEPARTMENT Public Works/Engineering EXPLANATION A Public Hearing was noticed in accordance with the requirements of law to consider a proposed Ordinance establishing sewer service rates for FY 2002 and 2003. Due to circumstances beyond City staffs control, specifically health problems of the consultant that has been assisting City staff with the preparation of the technical report on which the proposed sewer service rates are based, it is recommended that this issue be continued to a yet to be determined date. When the issue is again brought before Council, it will be noticed in accordance with law. Environmental Review X N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Recommend that the issue be continued and brought back to Council to a yet to be determined date. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. A-2csr1 City of National City, California COUNCIL AGENDA STATEMENT FETING DATE November 20, 2001 /ITEM TITLE AGENDA ITEM NO. 4 RESOLUTION DESIGNATING THE SWEETWATER UNION HIGH SCHOOL MARINE CORPS JUNIOR RESERVE OFFICER TRAINING CORPS COLOR GUARD AS THE OFFICIAL COLOR GUARD OF THE CITY OF NATIONAL CITY PREPARED BY George H. Eiser, DEPARTMENT City Attorney III EXPLANATION The proposed resolution would memorialize in writing the designation of the Sweetwater Union High School Marine Corps Junior Reserve Officer Training Corps Color Guard as the official color guard of the City of National City. ( Environmental Review X N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Approve resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Proposed resolution Resolution No. 2001-175 A-200 (9;99) UNtIrKo RESOLUTION NO. 2001 - 175 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DESIGNATING THE SWEETWATER UNION HIGH SCHOOL MARINE CORPS JUNIOR RESERVE OFFICER TRAINING CORPS COLOR GUARD AS THE OFFICIAL COLOR GUARD OF THE CITY OF NATIONAL CITY WHEREAS, the Sweetwater Union High School's Marine Corps Junior Reserve Officer Training Corps ("MCJROTC") Color Guard, under the direction of CW03 Gerry Forand, has been in existence since the 1995-96 school year, the first year of the MCJROTC program; and WHEREAS, during that time, the Color Guard has performed at approximately 40 events per year, such as San Diego Padres baseball games, San Diego Gulls hockey games, SDSU football and basketball games, various parades throughout San Diego County, community organizations (Kiwanis, Chamber of Commerce, Rotary Club, State of the City Address, etc.), San Diego County educational events, SUHSD events, Navy League events and JROTC competitions; and WHEREAS, the MCJROTC Color Guard has won numerous awards at both parades and competitions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Sweetwater Union High School Marine Corps Junior Reserve Officer Training Corps Color Guard is hereby designated as the Official Color Guard of the City of National City. PASSED and ADOPTED this 206 day of November, 2001. George H. Waters, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: n/3/41;i..2g. George II. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT EETING DATE NOVEMBER 20, 2001 AUTHORIZING THE CITY ENGINEER TO ESTABLISH ANGLE AGENDA ITEM NO. 5 ITEM TITLE RESOLUTION PARKING ON 19TH STREET AND HARDING AVENUE (ST. ANTHONY'S CHURCH, TSC ITEM NO. 2001-40) PREPARED BY Adam J. Landa DEPARTMENT Engineering EXPLANATION St. Anthony's Church, at 1816 Harding Avenue, has requested the installation of angle parking on 19th Street and Harding Avenue (see location map). According to St. Anthony's Church, there is a need for additional parking in this area. Staff has investigated 19th Street and Harding Avenue and has determined that install angle parking on 19th Street and Harding Avenue would give the neighborhood an additional 17 parking spaces (46 proposed, 29 existing parking spaces). The Traffic Safety Committee approved the angle parking on 19th Street and Harding Avenue at their meeting on November 14, 2001. ( Environmental Review X N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSIb'N RECOMMENDATION The Traffic Safety Committee at its meeting of November 14, 2001, approved the angle parking on 19th Street and Harding Avenue. ATTACHMENTS ( Listed Below ) 1. Resolution 2. Staff Report to the Traffic Safety Committee Resolution No. 2001-176 41 A-200 (999) RESOLUTION NO. 2001 - 176 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO ESTABLISH ANGLE PARKING ON THE NORTH SIDE OF 19TH STREET BETWEEN WILSON AVENUE AND COOLIDGE AVENUE, AND THE WEST SIDE OF HARDING AVENUE BETWEEN 19TH AND 20TH STREETS (St. Anthony's Church, TSC Item No. 2001-40) WHEREAS, St. Anthony's Church, at 1816 Harding Avenue, has requested the installation of angle parking on the north side of 19d' Street between Wilson Avenue and Coolidge Avenue, and the west side of Harding Avenue between 19th and 20t Streets for an additional 17 parking spaces; and WHEREAS, the Traffic Safety Committee has recommended approval of angle parking on the north side of 194' Street between Wilson Avenue and Coolidge Avenue, and the west side of Harding Avenue between 19th and 20d' Streets at its regular meeting on November 14, 2001. NOW, THEREFORE, BE IT RESOLVED that the. City Council of the City of National City that the City Engineer is authorized to establish angle parking on the north side of 19th Street between Wilson Avenue and Coolidge Avenue, and the west side of Harding Avenue between 19th and 20d' Streets. PASSED and ADOPTED this 20'h day of November, 2001. George H. Waters, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: L George H. Eiser, III City Attorney NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR NOVEMBER 14, 2001 ITEM TITLE: EQUEST FOR ANGLE HARDING AVENUE (BY:RST.GSTREET ON 19th ANTHONY'S CHURCH, TEL. NO. 477-4520} PREPARED BY: Adam J. Landa, Public Works Department DISCUSSION: St. Anthony's Church, at 1816 Harding Avenue, has requested the installation of angle parking on 19th Street and Harding Avenue (see location map). According to St. Anthony's Church, there is a need for additional parking in this area. Staff has investigated 19th Street and Harding Avenue and has determined that installing angle parking on 19th Street and Harding Avenue would give the neighborhood an additional 17 parking spaces (29 existing parking spaces, and 46 proposed). Presently there is a total of 52' between the curbs on both streets. Therefore, angle parking can only be placed on one side of the street (see location map). STAFF RECOMMENDATION: Staff recommends the installation of angle parking on 19th Street and Harding - Avenue as shown on the location map. EXHIBITS: 1. Location Map 2001-40 W 18th CHURCH PARK/N6 /2' IRAVLL 7- /4 ' -T VEL—ZANE- Id' STALL DEPTH- W 20th L OCATI W 21st EX/STING ANGLE PARKING SCHOOL 8' STALL DEPTH 12' TRAV/F7 LANE --/4 ' TRAVEL LANE 8' PARK/NC N SIRE =T MAP PARK, City of National City, California COUNCIL AGENDA STATEMENT rEETING DATE NOVEMBER 20, 2001 AGENDA ITEM NO. 6 (-ITEM TITLE A RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT NUMBER ONE WITH BDS� ENGINEERING TO PROVIDE THE CITY ENGINEERING AND ENVIRONMENTAL SERVICES IN ORDER TO ASSIST IN ACHIEVEMENT OF COMPLIANCE WITH REGIONAL WATER QUALITY CONTROL BOARD ORDER 2001-01 AND AUTHORIZE THE DIRECTOR OF PUBLIC WORK/ENGINEERING TO EXECUTE THE AGREEMENT PREPARED BY Stephen Kirkpatrick/ DEPARTMENT Din Daneshfar EXPLANATION SEE ATTACHED REPORT Public Works/Engineering Environmental Review ♦ N/A Financial Statement This agreement is for a "Not to Exceed" amount of $158,000. Funds have been budgeted for this in Public Works Account Number 001-422-000-299-0000 (Contract Services). Approved By. Finance Director' Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2. Three original copies of the proposed Supplemental Agreement No. 1 Resolution No. 2001-177 •s A-2 a 99) EXPLANATION: Over the next five-year period National City is required to implement the Regional Water Quality Control Board's Order 2001-01. The RWQCB issued the Order in compliance the Environmental Protection Agency's National Pollutants Discharge Elimination Permit (NPDES) Permit No. CAS107758. The Order was issued to all the cities in Sandag and the Port District as Co-Permittees. The implementation of the permit is phased over the next five years. In simple terms, the task that must be performed in the first year of the permit is for each co-permittee to design a program that complies with Order 2001-01 and ensure that adequate legal authority exists within the Municipal Code to enforce the designed program. The program must cover three core activity types as they relate to Stormwater run-off Industrial and Commercial, Construction, and Residential. The Order provides basic guidelines on the necessary components of the program; however, it leaves the responsibility to each agency to determine all program specifics. By February 21, 2002,. National City must submit its program to the Regional Water Quality Control Board for review and approval. In order to implement the permit it was decided during budget preparation that instead of hiring additional staff that the work would be accomplished through consultant services. Funds were budgeted for this purpose. Public Works staff interviewed three consulting firms qualified to perform the work: BDS Engineering, Environmental Business Solutions, and PBS&J (formerly John Powell and Associates). BDS Engineering was found to be the most qualified. Staff then met with BDS Engineering and through an iterative process refined a scope of work, schedule, and fee for the requested services. The final detailed scope of work is attached as part to the supplemental agreement that is being presented to Council for approval. The fee for performing the work is a "not to exceed" amount of $158,000. In a prior interview process, BDS Engineering was selected as one of the City's "on -call" Civil Engineering consulting firms; consequently, the City has an on -going contract with BDS. The contemplated work can be accomplished through a supplemental agreement to the existing contract. RESOLUTION NO. 2001— 177 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING SUPPLEMENTAL AGREEMENT NUMBER ONE WITH BDS ENGINEERING TO PROVIDE THE CITY WITH ENGINEERING AND ENVIRONMENTAL SERVICES IN ORDER TO ASSIST IN ACHIEVEMENT OF COMPLIANCE WITH REGIONAL WATER QUALITY CONTROL BOARD ORDER 2001-01 AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS/ENGINEERING TO EXECUTE THE AGREEMENT WHEREAS, over the next five-year period National City is required to implement the Regional Water Quality Control Board's Order 2001-01; and WHEREAS, the Regional Water Quality Control Board (hereinafter "RWQCB") issued the Order in compliance with the Environmental Protection Agency's National Pollutants Discharge Elimination Permit ("NPDES") Permit No. CAS107758, which was issued to all the cities in SANDAG and the Port District as Co-Permittees; and WHEREAS, the City desires to employ a consultant to provide the City Engineering and Environmental services in order to assist in achieving compliance with Regional Water Quality Control Board Order 2001-01; and WHEREAS, the City has determined that BDS Engineering is a professional design and engineering firm and is qualified by experience and ability to perform the services desired by the City, and BDS Engineering is willing to perform such services; and WHEREAS, the City and BDS Engineering entered into an Agreement with BDS Engineering on April 10, 2001 to provide engineering services, and the scope of services may be expanded to include the additional work proposed to be performed by BDS Engineering NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Public Works/Engineering Director is hereby authorized to execute Supplemental Agreement Number One with BDS Engineering to provide the City with engineering and environmental services in order to assist in achieving conipliance with Regional Water Quality Control Board Order 2001-01. Said Agreement is on file in the Office of the City Clerk. Al _LEST: PASSED and ADOP IED this 20th day of November, 2001. George H. Waters, Mayor APPROVED AS TO FORM: Michael Dalla, City Clerk / #) at George H. Eiser, III City Attorney NATIONAL POLLUTANTS DISCHARGE ELIMINATION (NPDES) PERMIT COMPLIANCE FOR NATIONAL CITY SUPPLEMENTOL AGREEMENT NO TO AGREEMENT DATED APRIL 10, 2001, BETWEEN TAT CITY OF NATIONAL CITY AND BDS ENGINEERING, INC This work order is for engineering and environmental services for the City of National City's Storm Water Quality Control Program in compliance with NPDES NO. CAS0108758 Service shall be set forth in the following exhibits. EXHIBIT A SCOPE OF SERVICES EXHIBIT B SCHEDULE OF SERVICES EXHIBIT C PAYMENT FOR SERVICES EXHIBIT D LISTING OF SUBCONTRACTORS/SUBCONSULTANTS CONSULTANT CITY BDS Engineering, Inc. COB/President/Vice By:_ Secrt(ry/AsstSecretary/CFO/Asst. Treasurer Date: bdse City of National City Burton S. Myers Public Works Director/City Engineer Date: October 29, 2001 Page 2 of 9 EXHIBIT A NATIONAL POLLUANTS DISCHARGE ELIMINATION (NPDES) PERMIT COMPLIANCE FOR NATIONAL CITY SUPPLEMENTAL AGREEMENT NO. 1 BDS ENGINEERING INC. SCOPE OF SERVICES BDS Engineering, Inc. will provide the engineering/environmental services to assist the City of National City in complying with NPDES No. CAS0108758 (Attachment). We have identified tasks and products to be employed in producing the program, and have developed a proposed timeline to reach the orders' requirement before the February 21, 2002 deadline. The following is our understanding of the requirements to accomplish these goals: GENERAL TASKS: • Coordinate efforts with the City of National City Departments to accomplish the February 21, 2002 order requirements. • Attend Copermittee Task Force and other essential meetings. • Report action items identified at meetings. • Coordinate with other consultants for Dry Weather monitoring and education. • Initiate bi-weekly meetings with City's Project Manager to discuss program progress. • Assist the City in responding to questions concerning the San Diego Regional Water Quality Control Board. • Assist the City in responding to hazardous material spills and other public complaints as it relates to the NPDES permit. DISCRETE TASKS: Task 1 Identify discharge categories listed in section B.2 of non -point sources non-stormwaters. Determine which discharge will not be prohibited from entering the Municipal Separate Storm Sewer System (MS4), and establish a Best Management Practice (BMP) to minimize the impact on receiving waters. PRODUCT Compile a list of discharges that will not be prohibited from entering the MS4s. Ref Section: B.3. Non-Stormwater Discharges Prohibitions L:IPROJECFS1.011001Admin\StotmW azerpoc\ContmctM.doc October 29, 2001 Page 3 of 9 Task 2 Review Grading and Stormwater ordinance recommend changes if required. Verify the ordinance inclusions of Standard Urban Storm water Mitigation Plan (SUSMP) and permit issues. National City has provide SDRWQCB with a certified statement of its' adopting an ordinance to implement this permit. PRODUCT: Develop City of National City Regulatory Ordinances. Section: D.1. Legal Authority BDS Engineering, Inc. will prepare and assist the City of National City with the implementation of the Jurisdictional Runoff Management Program that contains the components shown below and as identified herein: F.1. Land — Use Planning for New Development and Redevelopment Component F.2. Construction Component F.3. Existing Development Component a. Municipal b. Industrial c. Commercial d. Residential F.4. Education Component F.5. Illicit Discharge Detection and Elimination Component F.6. Public Participation Component F.7. Assessment of Jurisdictional URMP Effectiveness Component F.8. Fiscal Analysis Task 3 Review and update grading ordinances. Addressing pollution prevention; pollutants source identification, control and treatment during all construction activities. Ensure that the Construction and Grading approval process provides for the reduction of pollutants to the Maximum Extent Practicable (MEP) and protects the waters of the United States. Provide methods of monitoring construction sites through inspections; means of enforcing ordinances; reporting of non -compliant sites to SDRWQCB with both oral and written notification. Establishing internal and external educational program addressing the effects construction building and grading activities haves on the water quality law and regulations. PRODUCT: Develop BMP Program and assist the City of National City with Implementation and Education Ref Section: F.2. Construction Component Task 4 Develop annually a watershed inventory of all municipal land use areas and activities that generates pollutants. Prioritize the municipal watershed inventory base on threat to water quality. Establish LAPROJECTS W dmin\Storm W aterpoc\Contractltcdoc October 29, 2001 Page.4 of 9 minimum BMP for the prioritize inventories according to level of threat...i.e. High, Medium or Low. Implementation of aforementioned BMP's shall apply to each municipal area or activity independently. Set policy on the management of pesticides, herbicides, and fertilizers from municipal areas. Create methods of inspecting and enforcing regulation on high priority areas and activities. PRODUCT: BMP Implementation, Education program, Digitized map of Municipal sites and use. Ref Section: F.3.a. Municipal (Existing) Activities Task 5 Develop annually a watershed inventory of all Industrial sites within National City that generates pollutants. Prioritize the municipal watershed inventory base on threat to water quality. Establish minimum BMP for the prioritize inventories according to level of threat...i.e. High, Medium or Low. Implementation of afore mentioned BMP's shall apply to each Industrial site independently. Set policy requiring the Industrial community as a whole to conduct a monitoring program for all high threat sites. Create methods of inspecting and enforcing regulation and means of notifying SDRWQCB orally and in writing of non -compliant sites. PRODUCT: BMP Implementation, Education program, Digitized map of Industrial sites and use. Ref Section: F.3.b. Industrial (Existing) Activities Task 6 Develop annually a watershed inventory of all Commercial sites within National City that generates pollutants. Prioritize the municipal watershed inventory base on threat to water quality. Establish minimum BMP for the prioritize inventories according to level of threat...i.e. High, Medium or Low. Implementation of aforementioned BMP's shall apply to each Commercial site independently. Set policy requiring the Commercial community as a whole to conduct a monitoring program for all high threat sites. Create methods of enforcing stormwater ordinances for all commercial sites. PRODUCT: BMP Implementation, Education program, Digitized map of Commercial sites and use. Ref Section: F.3.c. Commercial (Existing) Activities Task 7 Develop and implement pollution preventing methods for the residential community and programs to encourage their use. Prioritize Residential area and activities that is a threat to water quality. Implement a BMP for high priority residential area and activities. Create methods of enforcing stormwater ordinances for all residential areas and activities L\PROJECTS\01100\hdmin\StormW aterpoe\Contractltr.doc October 29, 2001 Page 5 of 9 PRODUCT: BMP Implementation, Education program, Digitized map of Residential sites and activities. Ref Section: F.3.d. Residential (Existing) Activities Task 8 Develop and implement an education program to increase the knowledge of the community in relation to the MS4s. Address the Municipal Department Personnel Community, Construction Industry Community, Industrial Community, Commercial Community, Residential Community, Institutional Community, the General Public and Quasi -Governmental Agencies/Districts. Using all available media i.e. Radio, Television, News Paper, Magazines, Fliers, Brochures, Seminars and the Internet to gain access to all communities is possible. PRODUCT: Education program. Ref Section: F.4. Education (Existing) Component Task 9 Develop programs for seeking and detecting "Illicit" discharges and Illegal connections discharging into the municipal conveyance system. Implementation of a Dry Weather Field Screening System monitoring the municipal conveyance system to detect Illicit Discharges. Using the results of the Dry Weather Screening Program is a practical method of inspecting and investigating of Illegal connections and discharges. Implement and enforce ordinances preventing illicit discharges and illegal connections to the municipal conveyance system. Implement an Illicit Discharge and Elimination Program for high priority residential, commercial and industrial areas and activities that are a threat to water quality. Create methods of enforcing stormwater ordinances for all residential areas and activities. PRODUCT: Implementation Illicit Discharge and Elimination Program Ref Section: F.S. Illicit Discharges Detection And Elimination Component Task 10 Seek funding options available to implement the permit requirements. Assess the expenditures necessary to accomplish the permit requirements PRODUCT: Suggest funding options discussed in Task meetings. Ref Section: F.8 Fiscal Analysis Component Task 11 Establish model SUSUMP to reduce pollutants from new Development and significant redevelopment. Prepare a Local SUSUMP based on model program. Collaborate and combine SUSUMP with the City of San Diego. Coordinate Planning and L: \PROJECTS\01100\Admin\Storrn W aterpoc\Contractkr. doc October 29, 2001 Page 6 of 9 Engineering to ensure standardizing conditionals of approval related to significant development as associated to pollutants and watershed protection. PRODUCT: Task 12 PRODUCT: Task 13 PRODUCT: PRODUCT: Task 15 PRODUCT: Adoption of local SUSMP, Modification Of General Plan as needed, Education Program. Ref Section: F.1 Land Use Planning For New Development and Redevelopment Establish public groups that will be interested in participating in the implementation of the Jurisdictional URMP. Selections of Stakeholders Groups involved with the TAC. Ref Section: F.6. Public Participation Component Develop a long-term assessment strategy for the JURMP to include effectiveness. Use the strategy developed to assess the effectiveness of the JURMP. Assessment Strategy Plan Ref Section: F.7 Assessment Of Jurisdictional URMP Effectiveness Component Task 14 Monitoring the established Jurisdiction Urban runoff management program (JURMP) of this order to ensure no exceedance of an applicable water quality standard. Any evidence of exceedance shall be reported to the San Diego Regional Water Quality Control Board (SDRWQCB) in the annual report. A (BMP) shall be a part of the report for each exceedance discovered. Not included in this Contract Ref Section: C.2.a Receiving Waters Limitations. Local SUSMP must be implemented within 180 days of approval of the model SUSMP in the public process by the SDRWQCB. Not included in this Contract Ref Section: G. Implementation of Jurisdictional URMP Task 16 Written account of the overall program to be conducted during the five year life of the Order. L:\PROJECTS\01100WdminVStormWaterpoc\Contractltr.doc October 29, 2001 Page 7 of 9 PRODUCT: Not included in this Contract Ref Section: H. Submittal of Jurisdictional URMP Document Task 17 Document the activities conducted by the City of National City during the pass annual reporting period. The documentation shall contain the stipulate items listed under Section "I" of the Order. PRODUCT: Not included in this Contract Ref Section: I. Submittal of Jurisdictional URMP Annual Report Task 18 Implement Watershed Urban Management Program a) Collaborate with other Copermittees b) Prepare map of the Watershed, addressing the assessment of the Watershed receiving water quality (Based on present water quality data and on Annual Watershed water quality monitoring.) c) Identify major water quality problems d) Implement time schedule of activities e) Identify responsible Copermittees f) Provide a mechanism for Public Participation. g) Develop a Watershed Education Program h) Develop a method of collaborating — Neighboring Local Governments. i) Implementing a mechanism of assessing effectiveness of the Watershed URMP. j) Stipulated the importance of reporting to the lead Copermittee, by all participating Copermittees. PRODUCT: Not included in this Contract Ref Section: J. Water Shed Urban Runoff Management Program. Ref Section: K. Implementation of Watershed URMP. Ref Section: L. Submittal of Watershed URMP. Ref Section: M. Submittal of Watershed URMP Annual Report. Task 19 Collaborate with copermittees to address common issues, promote consistency among JURMPs, WURMPs and coordinate activities. Ref Section: N. All Copermittee Collaboration. PRODUCT: Completed by the City of National City L: \PROJECTS\01100Wdmin\Stour. Waterpoe\Contractltr.doc EXHIBIT B Activity Name Scheduled meetings with the City of National City Start Date 024/01 17101 1121/01 12/5/01 12119ro1 12/02 1/16102 i/30/02 2113/02 220/02 Identify i of ON, R WATER category of NON -STORM WATER DISCHARGE to be prohibited Review"Dry Weather Report' and provide letter report U 0 Review and Comment by the City of National City National City Review & Submittal finalize report on non -storm water dscharge m 13 m m firom;,. Develop Industrial Component Review and Comment by the City of National City Update Ordinance such that the Grading% are enforceable, Illicit discharges and connections are eliminated control pollutant contributed from MS4s, Discharges and Spill National City to Update Ordinance as required Review and Comment by the City of National City finalize report Develop Municipal Component finafze report 20 finafze report 1/5/01 Finish Date National City Pollutants Discharge Elimination (NPDES) Permit Project Services Schedule COMPLIANCE FOR NATIONAL CITY WORK ORDER NO. 1Dec'01 Oct'01 ■ 1029/01 11/13/01 10/301 • 26/01 11/12/01 1217/01 11/5/0 1119/01 11/13/01 11/15/01 12/6/01 12/12/01 126/01 12/12/01 Nov'01 28 4 ■ 18 • Mil NMI WARN1111111M —`�MIN , MIN _ -- I♦I--I---�- rn,' norm a . - 11111111111111 25 2 • 16 • 23 Jan'02 30 • • 20 27 Feb'02 • Will I L-Il=. 3 • ■ • .7�Ti 2/14/01 ��®�o��®©o■0i®�rao® 24 m D EXHIBIT B AotM y Name National City Pollutants Discharge Elimination (NPDES) Permit Project Services Schedule COMPLIANCE FOR NATIONAL CITY WORK ORDER NO. 1 Review and Comment by the City of National City Develop Commerdal Component Review end Comment by the City of National City finilize report Start Date • Develop Residential Component Review and Comment by the City of National City finalize report 1/11/01 12/14/0 Finish Date 2/14/01 12/19/01 Oct '01 21 Nov '01 28 4 Develop Educational Component Review and Comment by the City of National City finalize report Public Participation Component Fiscal Analysis Component Review and Comment by the City of National City finalize report Land Use Planning for Nov Development end Redevelopment Component Review end Comment by the City of National City finalize report Implement Watershed Urban Runoff Management Program 1220/01 11/1910 1224/01 2/10/01 1/5/02 12/28/01 2/19/01 1224/01 1228/01 1/1/02 1/5/02 /10/02 28/02 • Identify Major Water Duality Problems • Implement Time Schedule of activities • Identify Respondble Copermittees Provide a mechanism for Public Pertldpefion Develop a WAatemhed Education Program Develop a means of collaborating - Neighboring local Govemmento. Implementing means of assessing the effectiveness of the watershed URMP — • 11 '■ II MO -a iiiiiiiii.i IN 1111 -COON fill MIN 1111 -mig-- 25 Dec '01 16 '■ 23 Jan '02 30 6 MEM 20 27 Feb '02 3 10 24 00,00 .-I --• — — -- — EXHIBIT B Start Finish Activity Name Date Each Copermittoe shall report to each lead copemiitees ...;.�.....ffect..,,..._..__ Assessment of Jurisdic0onel URMP Effectiveness124102 57 Component National City Pollutants Discharge Elimination (NPDES) Permit Project Services Schedule COMPLIANCE FOR NATIONAL CITY WORK ORDER NO.1 Dec'01 Oct'01 Nov'01 2 2 9 16 16 23 30 23 30 0 6 Jan'02 13 13 20 20 27 27 3 3 Feb'02 10 10 17 17 24 24 October 29, 2001 Page 8 of 9 EXHIBIT C NATIONAL POLLUANTS DISCHARGE ELIMINATION (NPDES) PERMIT COMPLIANCE FOR NATIONAL CITY SUPPLEMENTAL AGREEMENT No.1 BDS ENGINEERING INC. PAYMENT FOR SERVICES Payment to BDS Engineering for the DESCRIBED SERVICES (EXHIBIT A) shall be made in accordance with the contract agreement. Normal processing time for payment is four (4) weeks. Contract agreement of Payment for the DESCRIBED SERVICES shall be based on the approved hourly rated in the contract. The total cost shall not exceed $158,000.00. Services will be provided on a time and material basis with a not -to -exceed amount. The following is an estimate of the weekly effort we believe will be necessary to provide the documentation to satisfy the requirement of Order 2001-01. Principal Engineer Engineer Assistant Engineer Engineering Technician Clerical 21 weeks x 7,500 = $157,500 2.0 Hrs @ $116/Hr = 24.0 Hrs @ $94/Hr = 40.0 Hrs @ $80/Hr = 16.0 Hrs @ $58/Hr = 12.0 Hrs @ $42/Hr = Subtotal Contingencies 5% $232 $2,256 $3,200 $928 $504 $7,120 $356 $7,476 => $7,500 L:\PROJECCS\01100W dmin\StormWazerpoc\Contractkr.doc October 29, 2001 Page 9 of 9 EXHIBIT D NATIONAL POLLUANTS DISCHARGE ELIMINATION (NPDES) PERMIT COMPLIANCE FOR NATIONAL CITY SUPPLEMENTAL AGREEMENT No.1 BDS ENGINEERING INC. LISTING OF SUBCONTRACTORS / SUBCONSULTANTS Listed below are any and all SUBCONTRACTORS / SUBCONSULTANTS, which the CONSULTANT plans to employ under this AGREEMENT. No change is allowed without the prior approval of the Contract Administrator. BDS Engineering, Inc. anticipates that there will be no subcontractors as part of our services. If subcontractors are required, BDS Engineering, Inc. will provide this service as additional services. L:\PROJECTS\01100\Admin\StormW aterpoc\Contractltr.doc lZ) Order No. 2001-01 Page 1 of 52 S:ISTORMISDPERMITISdperm99-011PenniaDMuniPermit 3.doc February 21, 2001 CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD SAN DIEGO REGION ORDER NO.2001-01 NPDES NO. CAS0108T58 WASTE DISCHARGE REQUIREMENTS FOR DISCHARGES OF URBAN RUNOFF FROM THE MUNICIPAL SEPARATE STORM SEWER SYSTEMS (MS4s) DRAINING THE WATERSHEDS OF THE COUNTY OF SAN DIEGO, THE INCORPORATED CITIES OF SAN DIEGO COUNTY, AND THE SAN DIEGO UNIFIED PORT DISTRICT The California Regional Water Quality Control Board, San Diego Region (hereinafter SDRWQCB), finds that: 1. COPERMITTEES ARE DISCHARGERS OF URBAN RUNOFF: Each of the persons in Table 1 below, hereinafter called Copermittees or dischargers, owns or operates a municipal separate storm sewer system (MS4), through which it discharges urban runoff into waters of the United States within the San Diego Region. These MS4s fall into one or more of the following categories: (1) a medium or large MS4 that services a population of greater than 100,000•or 250,000 respectively; or (2) a small MS4 that is "interrelated" to a medium or large MS4; or (3) an MS4 which contributes to a violation of a water quality standard; or (4) an MS4 which is a significant contributor of pollutants to waters of the United States. Table 1. Municipal Copermittees 1. City of Carlsbad 11. City of National City 2. City of Chula Vista 12. City of Oceanside 3. City of Coronado 13. City of Poway 4. City of Del Mar 14. City of San Diego 5. City of El Cajon 15. City of San Marcos 6. City of Encinitas 16. City of Santee 7. City of Escondido 17. City of Solana Beach 8. City of Imperial Beach 18. City of Vista 9. City of La Mesa 19. County of San Diego 10. City of Lemon Grove 20. San Diego Unified Port District 2. URBAN RUNOFF IS A "WASTE" AND A "POINT SOURCE DISCHARGE OF POLLUTANTS": Urban runoff is a waste, as defined in the California Water Code, that contains pollutants and adversely affects the quality of the waters of the State. The discharge of urban runoff from an MS4 is a "discharge of pollutants from a point source" into waters of the United States as defined in the Clean Water Act. 3. URBAN DEVELOPMENT AND RUNOFF CAUSES RECEIVING WATER DEGRADATION: Urban runoff discharges from MS4s are a leading cause of receiving water quality impairment in the San Diego Region and throughout the United States. As runoff flows over urban areas, it picks up harmful pollutants such as pathogens, sediment (resulting from human activities), fertilizers, pesticides, heavy metals, and petroleum products. These pollutants often become dissolved or suspended in urban runoff and are conveyed and discharged to receiving waters, such as streams, lakes, lagoons, bays, and the ocean without treatment. Once in receiving waters, these pollutants harm aquatic life primarily through toxicity and habitat degradation. 13) Order No. 2001-01 Page 2 of 52 S:15TORMISDPERMITISdperm99-01TermitISDMuniPermit 3.doc Furthermore, the pollutants can enter the food chain and may eventually enter the tissues of fish and humans. There is a strong direct correlation between "urbanization" and "impacts to receiving water quality". In general, the more heavily developed the area, the greater the impacts to receiving waters from urban runoff. These impacts especially threaten environmentally sensitive areas (such as Clean Water Act section 303(d) impaired water bodies, areas designated as Areas of Special Biological Significance, water bodies designated with the RARE beneficial use, and preserves containing receiving waters designated under the Multi species Conservation Program within the Cities and County of San Diego). Such environmentally sensitive areas have a much lower capacity to withstand pollutant shocks than might be acceptable in the general circumstance. In essence, urban development that is ordinarily insignificant in its impact on the environment may, in a particularly sensitive environment, be significant. 4. URBAN DEVELOPMENT INCREASES POLLUTANT LOAD, VOLUME, AND VELOCITY OF RUNOFF: During urban development two important changes occur. First, natural vegetated pervious ground cover is converted to impervious surfaces such as paved highways, streets, rooftops, and parking lots. Natural vegetated soil can both absorb rainwater and remove pollutants providing a very effective natural purification process. Because pavement and concrete can neither absorb water nor remove pollutants, the natural purification characteristics of the land are lost. Secondly, urban development creates new pollution sources as human population density increases and brings with it proportionately higher levels of car emissions, car maintenes, atrash,nce wastes, municipal sewage, pesticides, household hazardous wastes, pet c. which can either be washed or directly dumped into the MS4. As a reult of s, the runoff leaving the developed urban area is significantly greater involume, velocity and e two epollutant load than the pre -development runoff from the same area. The significance of the impacts of urban development on receiving waters is determined by the scope of the project, such as the size of the project, the project land -use type, etc. Large projects (such as commercial developments greater than 100,000 square feet, home subdivisions greater than 10 units, and streets, roads, highways, and freeways) generally have large amounts of impervious surface, and therefore have greater potential to significantly impact receiving waters by increasing erosion (through increased peak flow rates, flow velocities, flow volumes, and flow durations) than smaller projects. Projects of particular land use types also have greater potential to significantly impact receiving waters due to the presence of typically large amounts of pollutants on site or an increased potential for pollutants to move off site (such as automotive repair shops, restaurants, parking lots, streets, roads, highways, and freeways, hillside development, and retail gasoline outlets). 5. WATER QUALITY DEGRADATION INCREASES WITH PERCENT IMPERVIOUSNESS: The increased volume and velocity of runoff from developed urban areas greatly accelerates the erosion of downstream natural channels. Numerous studies have demonstrated a direct correlation between the degree of imperviousness of an area and the degradation of its receiving water quality. Significant declines in the biological integrity and physical habitat of streams and other receiving waters have been found to occur with as little as a 10% conversion from natural to impervious surfaces. (Developments of medium density single family homes range between 25 to 60% impervious). Today "% impervious coverage" is believed to be a reliable indicator and predictor of the water quality degradation expected from planned new development. February 21, 2001 � u) Order No. 2001-01 Page 3 of 52 S:ISTORMISDPERMITISdperm99-011PermitlSOMuniPermit 3.doc February 21, 2001 6. URBAN RUNOFF IS A HUMAN HEALTH THREAT: Urban runoff contains pollutants, which threaten human health. Human illnesses have been clearly linked to recreating (i.e., swimming, surfing, etc.) near storm drains flowing to coastal beach waters. Such flows from urban areas often result in the posting or closure of local beaches. Pollutants transported to receiving waters by urban runoff can also enter the food chain. Once in the food chain they can "bioaccumulate" in the tissues of invertebrates (e.g., mussels, oysters, and lobsters) and fish which may be eventually consumed by humans. Furthermore, some pollutants are also known to "biomagnify". This phenomenon can result in pollutant concentrations in the body fat of top predators that are millions of times greater than the concentrations in the tissues of their lower trophic (food chain) counterparts or in ambient waters. 7. POLLUTANT TYPES: The most common categories of pollutants in urban runoff include total suspended solids, sediment (due to anthropogenic activities); pathogens (e.g., bacteria, viruses, protozoa); heavy metals (e.g., copper, lead, zinc and cadmium); petroleum products and polynudear aromatic hydrocarbons; synthetic organics (e.g., pesticides, herbicides, and PCBs); nutrients (e.g., nitrogen and phosphorus fertilizers), oxygen -demanding substances (decaying vegetation, animal waste), and trash. 8. URBAN STREAMS AS AN MS4 COMPONENT: Historic and current development make use of natural drainage patterns and features as conveyances for urban runoff. Urban streams used in this manner are part of the municipalities MS4 regardless of whether they are natural, man-made, or partially modified features. In these cases, the urban stream is both an MS4 and a receiving water. 9. URBAN RUNOFF CAUSES BENEFICIAL USE IMPAIRMENT: Individually and in combination, the discharge of pollutants and increased flows from MS4s can cause or threaten to cause a condition of pollution (i.e., unreasonable impairment of water quality for designated beneficial uses), contamination, or nuisance. The discharge of pollutants from MS4s can cause the. concentration of pollutants to exceed applicable receiving water quality objectives and impair or threaten to impair designated beneficial uses. 10. COPERMITTEES IMPLEMENT URBAN RUNOFF MANAGEMENT PROGRAMS (URMPs): Copermittee implementation of Urban Runoff Management Programs (URMPs) designed to reduce discharges of pollutants and flow into and from MS4s to the maximum extent practicable (MEP) can protect receiving water quality by promoting attainment of water quality objectives necessary to support designated beneficial uses. To be most effective, URMPs must contain both structural and non-structural best management practices (BMPs). 11. BEST MANAGEMENT PRACTICES (BMPs): Pollutants can be effectively reduced in urban runoff by the application of a combination of pollution prevention, source control, and treatment control BMPs. Source control BMPs (both structural and non-structural) minimize the contact between pollutants and flows (e.g., rerouting run-on around pollutant sources or keeping pollutants on -site and out of receiving waters). Treatment control (or structural) BMPs remove pollutants from urban runoff. Where feasible, use of BMPs which utilize natural processes should be assessed. These types of BMPs, such as grassy swales and constructed wetlands, can frequently be as effective as less natural BMPs, while providing additional benefits such as aesthetics and habitat. 12. POLLUTION PREVENTION: Pollution prevention, the initial reduction/elimination of pollutant generation at its source, is the best "first line of defense" for Copermittees and should be used in conjunction with source control and treatment control BMPs. Pollutants that are never generated do not have to be controlled or treated. Encouragement during planning processes of 15) Order No. 2001-01 Page 4 of 52 SASTORM\SDPERMI71Sdperm99.011PermiaDMuniPermit 3.doc February 21, 2001 the use of pollution prevention BMPs can be an effective means for pollution prevention BMPs to be implemented, through such methods as education, landscaping, etc. 13. RECEIVING WATER LIMITATIONS: Compliance with receiving water limits based on applicable water quality objectives is necessary to ensure that MS4 discharges will not cause or contribute to violations of water quality objectives and the creation of conditions of pollution. 14. RECEIVING WATER LIMITATION COMPLIANCE STRATEGY: Implementation of BMPs cannot ensure attainment of receiving water quality objectives under all circumstances; some BMPs may not prove to be as effective as anticipated. An iterative process development, implementation, monitoring, and assessment is necessary to assure that an Urban Runoff Management Program is sufficiently comprehensive and effective to achieve compliance with receiving water quality objectives. 15. COPERMITTEES' RESPONSIBILITY FOR ILLICIT DISCHARGES FROM THIRD PARTIES:As. operators of MS4s, the Copermittees cannot passively receive and discharge pollutants third parties. By providing free and open access to an MS4 that conveys discharges to the waters of the United States, the operator of an MS4 that does not prohibit and/or control discharges into its system essentially accepts responsibility for those discharges. 16. COPERMITTEES' RESPONSIBILITY BASED ON LAND USE AUTHORITY: Utilizing their land use authority, Copermittees authorize and realize benefits from the urban development generates the pollutants and runoff that impair receiving waters. Since the Copermittees their legal authority to authorize urbanization, they must also exercise their legal authority receiving o ensure that the resulting increased pollutant loads and flows do not further degrade waters. 17. THREE PHASES OF URBAN DEVELOPMENT: Urban development has three major phases: (1) land use planning for new development; (2) construction; and (3) the "use" or existing development phase. Because the Copermittees authorize, permit, and profit from each of these phases, and because each phase has a profound impact on water quality, the Copermittees have commensurate responsibilities to protect water quality during each phase. In other words, Copermittees are held responsible for the short and long-term water quality consequences of their land use planning, construction, and existing development. decisions. 18. PLANNING PHASE FOR NEW DEVELOPMENT: Because land use planning and zoning is where urban development is conceived, it is the phase in which the greatest and most cost- effective opportunities to protect water quality exists. When a Copermittee incorporates policies and principles designed to safeguard water resources into its General Plan and development project approval processes, it has taken a far-reaching step towards the preservation of local water resources for future generations. 19. CONSTRUCTION PHASE: Construction activities are a significant cause of receiving water impairment. Siltation is currently the largest cause of river impairment in the United States. Sediment runoff rates from construction sites greatly exceed natural erosion rates of undisturbed lands causing siltation and impairment of receiving waters. In addition to requiring implementation of the full range of BMPs, an effective construction runoff program must include local plan review, permit conditions, field inspections, and enforcement. 20. EXISTING DEVELOPMENT: The Copermittees' wet weather monitoring results collected during the past decade, as well as volumes of other references in the literature today, confirm substantial pollutant loads to receiving waters in runoff from existing urban development. Implementation of jurisdictional and watershed URMPs, which include extensive controls on existing development, can reduce pollutant loadings over the long term. Order No. 2001-01 Page 5 of 52 S:\STORMISDPERMITSdperm99"011Permlt SDMunlPermit 3.doc February 21, 2001 21. CHANGES NEEDED: Because the urbanization process is a direct and leading cause of water quality degradation in this Region, fundamental changes to existing policies and practices about urban development are needed if the beneficial uses of San Diego's natural water resources are to be protected. 22. DUAL REGULATION OF INDUSTRIAL AND CONSTRUCTION SITES: Discharges of runoff from industrial and construction sites in this Region are subject to dual (state and local) regulation. (1) All industries and construction sites are subject to the local permits, plans, and ordinances of the municipal jurisdiction in which it is located. Pursuant to this Order, local (storm water, grading, construction, and use) permits, plans, and ordinances must (a) prohibit the discharge of pollutants and non -storm water into the MS4; and (b) require the routine use of BMPs to reduce pollutants in site runoff. (2) Many industries and construction sites are also subject to regulation under the statewide General Industrial Storm Water Permit or statewide General Construction Storm Water Permits. These statewide general permits are adopted by the State Water Resources Control Board and enforced by the nine Regional Water Quality Control Boards throughout California. Like the Copermittees' local permits and ordinances, the statewide General Industrial and Construction Permits also (a) prohibit the discharge of pollutants and non -storm water, and (b) require the routine use of BMPs to reduce pollutants in site runoff. Recognizing that both authorities share a common goal, the federal storm water regulations at 40 CFR 122.26 (and its preamble) call for the dual system to ensure the most effective oversight of industrial and construction site discharges. Under this dual system, each municipal Copermittee is responsible for enforcing its local permits, plans, and ordinances within its jurisdiction. Similarly, the SDRWQCB is responsible for enforcing both statewide general permits and this Order within the San Diego Region. 23. EDUCATION: Education is the foundation of every effective URMP and the basis for changes in behavior at a societal level. Education of municipal planning, inspection, and maintenance department staffs is especially critical to ensure that in-house staffs understand how their activities impact water quality, how to accomplish their jobs while protecting water quality, and their specific roles and responsibilities for compliance with this Order. Public education, designed to target various urban land users and other audiences, is also essential to inform the public of how individual actions impact receiving water quality and how these impacts can be minimized. 24. ENFORCING LOCAL LEGAL AUTHORITY: Enforcement of local urban runoff related ordinances; permits, and plans is an essential component of every URMP and is specifically required in the federal storm water regulations and this Order. Routine inspections provide an effective means by which Copermittees can evaluate compliance with their permits and ordinances. Inspections are especially important at high -risk areas for pollutant discharges such as industrial and construction sites. When industrial or construction site discharges occur in violation of local permits and ordinances, the SDRWQCB looks to the municipality that has authorized the discharge for appropriate actions (typically education followed by enforcement where education has been unsuccessful). Each Copermittee must also provide enforcement against illegal discharges from other land uses it has authorized, such as commercial and residential developments. t The "statewide General Industrial Storm Water Permit' refers to State Water Resources Control Board Water Quality Order No. 97-03-DWQ National Pollutant Discharge Elimination System General Permit No. CAS000001, Waste Discharge Requirements for Discharges of Storm Water Associated with Industrial Activities Excluding Construction Activities. The "statewide General Construction Storm Water Permit' refers to State Water Resources Control Board Order No. 99-08-DWQ National Pollutant Discharge Elimination System General Permit No. CAS000002, Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction Activity. Order No. 2001-01 Page 6 of 52 SdSTORMISDPERM171Sdperm99-011PermidS13MuniPennit 3.doc 25. PUBLIC PARTICIPATION: Public participation during the URMP development process is necessary to ensure that all stakeholder interests and a variety of creative solutions are considered. 26. TOXICITY: Urban runoff discharges from MS4s often contain pollutants that cause toxicity, (i.e., adverse responses of organisms to chemicals or physical agents ranging from mortality to physiological responses such as impaired reproduction or growth anomalies). The water quality objectives for toxicity provided in the Water Quality Control Plan, San Diego Basin, Region 9, (Basin Plan), state in part "All waters shall be free of toxic substances in concentrations that are toxic to, or that produce detrimental physiological responses in human, plant, animal, or aquatic liife....The survival of aquatic life in surface waters subjected to a waste discharge or other controllable water quality factors, shall not be less than that for the same water body in areas unaffected by the waste discharge..." Urban runoff discharges from MS4s are considered toxic when (1) the toxic effect observed in an acute toxicity test exceeds zero Toxic Units Acute (TUa=0); or (2) the toxic effect observed in a chronic toxicity test exceeds one Toxic Unit Chronic (TUc=1). 27. FOCUS ON MAN-MADE POLLUTANTS AND FLOWS: The focus of this Order is on the control of urban runoff pollutants and flows which are either generated or accelerated by human activities. This Order is not meant to control background or naturally occurring pollutants and flows. 28. COMMON WATERSHEDS AND CWA SECTION 303(d) IMPAIRED WATERS: The Copermittees discharge urban runoff into lakes, drinking water reservoirs, rivers, streams, creeks, bays, estuaries, coastal lagoons, the Pacific Ocean, and tributaries thereto within ten of the eleven hydrologic units (watersheds) comprising the San Diego Region as shown in Table 2 below. During its downstream course, urban runoff is conveyed through lined and unlined (natural, manmade, and partially modified) channels, all of which are defined as components of the Copermittees' MS4. Some of the receiving water bodies, which receive or convey urban runoff discharges, have been designated as impaired by the SDRWQCB and USEPA in 1998 pursuant to Clean Water Act section 303(d). Also shown below are the watershed management areas (W MAs) as defined in the SDRWQCB report, Watershed Management Approach, January 2000. Table 2. Watershed Management Areas (WMAS) February 21, 2001 Santa Margarita River San Luis Rey River San Luis Rey (903.00) Carlsbad San Dieguito River Carlsbad (904.00) San Luis Rey River and Estuary, Pacific Ocean 1. Coliform Bacteria 2. Nutrients 1. County of San Diego 1. Coliform Bacteria 2. Nutrients Batiquitos Lagoon San Eiijo Lagoon Agua Hedionda Lagoon Buena Vista Lagoon And Tributary Streams Pacific Ocean San Dieguito (905.00) San Dieguito River and Estuary, Pacific Ocean 1. Coliform Bacteria 2. Nutrients 3. Sediment 1. Coliform Bacteria 1. City of Escondido 2. City of Oceanside 3. City of Vista 4. Coun of San Di . o 1. City of Carlsbad 2. City of Encinitas 3. City of Escondido 4. City of Oceanside 5. City of San Marcos 6. City of Solana Beach 7. City of Vista 8. Coun of San Di ' o 1. City of Del Mar 2. City of Escondido 3. City of Poway 4. City of San Diego 5. Ci of Solana Beach Order No. 2001-01 Page 7 of 52 S:ISTORMISDPERMrnSdperm99-01\PennitSDMuniPennit 3.doc February 21, 2001 Mission Bay Pefiasquitos (906.00) San Diego River San Diego Bay Los Pefiasquitos Lagoon Mission Bay, Pacific Ocean San Diego (907.00) 1. Coliform Bacteria 2. Metals 3. Nutrients 4. Sediment San Diego River, Pacific Ocean Pueblo San Diego (908.00) Sweetwater (909.00) Otay (910.00) Tijuana River 1. Conform Bacteria San Diego Bay Sweetwater River Otay River Pacific Ocean Tijuana (911.00) Tijuana.River and Estuary Pacific Ocean 1. Colifomi Bacteria 2. Metals 3. Toxicity 4. Benthic Community Degradation 1. City of Del Mar 2. City of Poway 3. City of San Diego 4. Cou of San Di 1. Conform Bacteria 2. Low Dissolved Oxygen 3. Metals 4. Nutrients 5. Pesticides 6. Synthetic Organics 7. Total Dissolved Solids 8. Trash 1. City of El Cajon 2. City of La Mesa 3. City of Poway 4. City of San Diego 5. City of Santee 6. Cou of San D 1. City of Chula Vista 2. City of Coronado 3. City of Imperial Beach 4. City of La Mesa 5. City of Lemon Grove 6. City of National City 7. City of San Diego 8. County of San Diego 9. San Diego Unified Pot District 1. City of Imperial Beach 2. City of San Diego 3. County of San Diego 29. CUMULATIVE POLLUTANT LOAD CONTRIBUTIONS: Because they are interconnected, each MS4 within a watershed contributes to the cumulative pollutant loading, volume, and velocity of urban runoff and the ensuing degradation of downstream receiving water bodies. Accordingly, inland MS4s contribute to coastal impairments. 30. LAND USE PLANNING ON A WATERSHED SCALE: Because urban runoff does not recognize political boundaries, "watershed -based" land use planning (pursued collaboratively by neighboring local governments) can greatly enhance the protection of shared natural water resources. Such planning enables multiple jurisdictions to work together to plan for both development and resource conservation that can be environmentally as well as economically sustainable. 31. INTERGOVERNMENTAL COORDINATION: Within their common watersheds it is essential for the Copermittees to coordinate their water quality protection and land use planning activities to achieve the greatest protection of receiving water bodies. Copermittee coordination with other watershed stakeholders, especially Caltrans, the Department of Defense, and Native American Tribes, is also critical. Establishment of a management structure, within which the Copermittees subject to this Order, will fund and coordinate those aspects of their joint obligations will promote implementation of Urban Runoff Management Programs on a watershed and regional basis in the most cost effective manner. 32. WASTE REMOVAL: Waste and pollutants which are deposited and accumulate in MS4 drainage structures will be discharged from these structures to waters of the United States unless they are removed. These discharges may cause or contribute to, or threaten to cause or contribute to, a condition of pollution in receiving waters. Once removed, such accumulated wastes must be characterized and lawfully disposed. �9) Order No. 2001-01 Page 8 of 52 S:STORM\SDPERMnmSdperm99-01WennitISDMuniPermit 3.doc February 21, 2001 33. TOXIC HOT SPOTS: Urban runoff is a significant contributor to the creation and persistence of Toxic Hot Spots in San Diego Bay. California Water Code section 13395 requires regional boards to reevaluate waste discharge requirements (WDRs) associated with toxic hot spots. The State Water Resources Control Board (SWRCB) adopted the Consolidated Toxic Hot Spot Cleanuups� Plan in June f 1999. The Plan states: "The reevaluation [of WDRs associated with toxic hot spots] (1) an assessment of the WDRs that may influence the creation or further pollution of the known toxic hot spot, (2) an assessment of which WDRs need to be modified to improve environmental conditions at the known toxic hot spot, and (3) a schedule for completion of any WDR modifications deemed appropriate." 34. CHANGING THE STORM WATER MANAGEMENT APPROACH:m anagement In contrast to to filternd l "conveyance" approach, a more natural approach infiltrate runoff by allowing it to flow slowly over permeable vegetated surfaces. By "preserving and restoring the natural hydrologic cycle", filtration and infiltration can greatly reduce thfor he volume/Peak oluging from as rate, velocity, and pollutant loads of urban runoff. The greatest opportunities "conveyance" to a more natural management approach occur during the land use planning and zoning processes and when new development projects are under early design. 35. INFILTRATION AND POTENTIAL GROUNDWATER CONTAMINATION: Any drainage feature that infiltrates runoff poses some risk of potential groundwater contamination. Although dependent on several factors, the risks typically associated with properly managed infiltration of runoff (especially from residential land use areas) are not significant. The risks associated with infiltration can be managed by many techniques, including (1) designing landscape drainage features that promote infiltration of runoff, but do not inject" runoff (injection bypasses the natural processes of filtering and transformation that occur in the soil); (2) taking reasonable steps to prevent the illegal disposals of wastes; and (3) ensuring that each drainage feature is adequately maintained in perpetuity imum conditions needed to protect groundwater are specified in section F.1.b. of this Order. 36. VECTOR CONTROL: Certain BMPs implemented or required by municipalities for urban runoff management may create a habitat for vectors (e.g. mosquitoes and rodents) if not properly designed or maintained. Close collaboration and cooperative effort between municipalities and local vector control agencies and the State Department of Health Services during the development and implementation of the Urban Runoff Management Programs is necessary to minimize nuisances and public health impacts resulting from vector breeding. 37. LEGAL AUTHORITY: This Order is based on the federal Clean Water Act, the Porter -Cologne Water Quality Control Act (Division 7 of the Water Code, commencing with Section 13000), applicable state and federal regulations, all applicable provisions of statewide Water Quality Control Plans and Policies adopted by the State Water Resources Control Board, the Regional Water Quality Control Plan (Basin Plan) adopted by the Regional Board, the California Toxics Rule, and the California Toxics Rule Implementation Plan. 38. TOTAL MAXIMUM DAILY LOADS (TMDLs): 40 CFR 122.44 (d)(vii)(B) requires that NPDES permits contain effluent limitations that are consistent with waste load allocations developed under a TMDL. Several TMDLs are being developed in the San Diego Region for impaired waterbodies that receive Copermittees' discharge. Once these TMDLs are approved by the SDRWQCB and USEPA, Copermittees' discharge of urban runoff into an impaired waterbody will be subject to load allocations established by the TMDLs. 39. ANTIDEGRADATION: Conscientious implementation of URMPs that satisfy the requirements contained in this Order will reduce the likelihood that discharges from MS4s will cause or contribute to unreasonable degradation of the quality of receiving waters. Therefore, this Order is in conformance with SWRCB Resolution No. 68-16 and the federal antidegradation policy described in 40 CFR 131.12. 2,0 Order No. 2001-01 Page 9 of 52 S:ISTORMSDPERMIT1Sdperm99-01\Permit SDMuniPermtt 3.doc February 21,2001 40. CEQA: The issuance of waste discharge requirements for the discharge of urban runoff from MS4s to waters of the United States is exempt from the requirement for preparation of environmental documents under the California Environmental Quality Act (CEQA) (Public Resources Code, Division 13, Chapter 3, § 21000 et seq.) in accordance with the CWC § 13389. 41. PUBLIC NOTICE: The SDRWQCB has notified the Copemiittees, all known interested parties, and the public of its intent to consider adoption of an order prescribing waste discharge requirements that would serve to renew an NPDES permit for the existing discharge of urban runoff. 42. PUBLIC HEARING: The SDRWQCB has, at a public meeting on December 13, 2000, held a public hearing and heard and considered all comments pertaining to the terms and conditions of this Order. IT IS HEREBY ORDERED that the Copermittees, in order to meet the provisions contained in Division 7 of the California Water Code and regulations adopted thereunder, and the provisions of the Clean Water Act and regulations adopted thereunder, shall each comply with the following: A. PROHIBITIONS — DISCHARGES 1. Discharges into and from MS4s in a manner causing, or threatening to cause, a condition of pollution, contamination, or nuisance (as defined in CWC § 13050), in waters of the state are prohibited. 2. Discharges from MS4s which cause or contribute to exceedances of receiving water quality objectives for surface water or groundwater are prohibited. 3. Discharges into and from MS4s containing pollutants which have not been reduced to the maximum extent practicable (MEP) are prohibited. 4. Applicable to New Development and Redevelopment: Post -development runoff containing pollutants loads which cause or contribute to an exceedance of receiving water quality objectives or which have not been reduced to the maximum extent practicable is prohibited. 5. In addition to the above prohibitions, discharges from MS4s are subject to all Basin Plan prohibitions cited in Attachment A to this Order. B. PROHIBITIONS — NON -STORM WATER DISCHARGES 1. Each Copermittee shall effectively prohibit all types of non -storm water discharges into its Municipal Separate Storm Sewer System (MS4) unless such discharges are either authorized by a separate NPDES permit; or not prohibited in accordance with B.2. and B.3. below. 2. Pursuant to 40 CFR 122.26(d)(2)(iv)(B)(1), the following categories of non -storm water discharges need only be prohibited from entering an MS4 if such categories of discharges are identified by the Copermittee as a significant source of pollutants to waters of the United States: a. Diverted stream flows; b. Rising ground waters; c. Uncontaminated ground water infiltration [as defined at 40 CFR 35.2005(20)] to MS46; d. Uncontaminated pumped ground water; e. Foundation drains; f. Springs; g. Water from crawl space pumps; h. Footing drains; i. Air conditioning condensation; j. Flows from riparian habitats and wetlands; Order No. 2001-01 Page 12 of 52 SASTORM\SDPERMITSdpenn99-011PermMDMuniPermit 3.doc February 21, 2001 etc.; (6) Discharges of runoff from material storage areas containing chemicals, fuels, grease, oil, or other hazardous materials; (7) Discharges of pool or fountain water containing chlorine,.biocides, or other chemicals; discharges of pool or fountain filter backwash water; (8) Discharges of sediment, pet waste, vegetation clippings, or other landscape or construction -related wastes; and (9) Discharges of food -related wastes (e.g., grease, fish processing, and restaurant kitchen mat and trash bin wash water, etc.). c. Prohibit and eliminate illicit connections to the MS4; d. Control the discharge of spills, dumping, or disposal of materials other than storm water to its MS4; e. Require compliance with conditions in Copermittee ordinances, permits, contracts or orders (i.e., hold dischargers to its MS4 accountable for their contributions of pollutants and flows); f. Utilize enforcement mechanisms to require compliance with Copermittee storm water ordinances, permits, contracts, or orders; g. Control the contribution of pollutants from one portion of thesharedees. Co Mtro S4 to tan. anothem her ortion of on of the MS4 through interagency agreements among Copemift pollutants from one portion of the shared MS4 to another portion of the MS4 through interagency agreements with other owners of the MS4 such as Caltrans, the Department of Defense, or Native American Tribes is encouraged.; h. Carry out all inspections, surveillance, and monitoring necessary to determine compliance and noncompliance with local ordinances and permits and with this Order, including the prohibition on illicit discharges to the MS4. This means the Copermittee must have authority to enter, sample, inspect, review and copy records, and require regular reports from industrial facilities discharging into its MS4, including construction sites; and i. Require the use of best management practices (BMPs) to prevent or reduce the discharge of pollutants to MS4s. 2. Within 180 days of adoption of this Order, each Copermittee shall provide to the SDRWQCB a statement certified by its chief legal counsel that the Copermittee has adequate legall authority ityanto implement and enforce each of the requirements contained in 40 CFR 122.26(d)(2)(i)(-F) this Order. This statement shall include: a. Identification of all departments within the jurisdiction that conduct urban runoff related activities, and their roles and responsibilities under this Order. Include an up to date organizational chart specifying these departments and key personnel. b. Citation of urban runoff related ordinances and the reasons they are enforceable; c. Identification of the local administrative and legal procedures available to mandate compliance with urban runoff related ordinances and therefore with the conditions of this Order; Order No. 2001-01 Page 13 of 52 February 21, 2001 S:ISTORMISDPERMIT1Sdperm99-01%PermltlSDMuniPermit 3.doc d. Description of how these ordinances are implemented and appealed; and e. Description of whether the municipality can issue administrative orders and injunctions or if it must go through the court system for enforcement actions. E. TECHNOLOGY BASED STANDARDS Each Copermittee shall implement, or require implementation of, best management practices to ensure that the following pollutant discharges into and from its MS4 are reduced to the applicable technology based standard as specified below: Table 3. Technology Based Standards2 Greater than or Equal to 5 Acres (or less than 5 antes and Part of a Larger Common Plan of Sale or Dave . ent F. JURISDICTIONAL URBAN RUNOFF MANAGEMENT PROGRAM' Each Copermittee shall take appropriate actions to reduce discharges of pollutants and runoff flow during each of the three major phases of urban development, i.e., the planning, construction, and existing development (or use) phases. Each Copermittee shall implement a Jurisdictional Urban Runoff Management Program (Jurisdictional URMP) that contains the components shown below as described in Sections F.1. through F.8: F.1. Land -Use Planning for New Development and Redevelopment Component F.2. Construction. Component ,. F.3. Existing Development Component a. Municipal b. Industrial c. Commercial d. Residential F.4. Education Component F.5. Illicit Discharge Detection and Elimination Component F.6. Public Participation Component F.T. Assessment of Jurisdictional URMP Effectiveness Component F.8. Fiscal Analysis Component 2 Pursuant to this Order, each Copermittee shall ensure that pollutants in runoff from industrial and construction sites within its jurisdiction have been reduced to the MEP standard before entering its MS4. The industrial and construction site dischargers themselves however must ensure that pollutants in runoff leaving their sites have been reduced to the BAT/BCT standard pursuant to either the statewide General Industrial or Construction Storm Water Permit. Runoff from industrial and construction sites owned by municipalities and subject to either the General Industrial or Construction Storm Water Permits, must meet the BAT/BCT standard. Order No. 2001-01 Page 14 of 52 February 21, 2001 SASTORMISDPERMIT1Sdpenn99-01WorminDMuniPennit 3.doc F.1. Land -Use Planning for New Development and Redevelopment Component Each Copermittee shall minimize the short and long-term impacts on receiving water quality from new development and redevelopment. In order to reduce pollutants and runoff flows from new development and redevelopment to the maximum extent practicable, each Copermittee shall at a minimum: F.1.fyys General Plan Processes F.1.b M Mod Development Project Approval F.1.c Re Environmental Review Processes • F.1.d Conduct Education Efforts Focused on New Development and Redevelopment F.1.a. Assess General Plan Each Copermittee's General Plan or equivalent plan (e.g., Comprehensive, Master,to air Comct munse nity Plan) shall include water quality and watershed protection principles policies decisions and require implementation of consistent water quality protectionProgram document, ures for development projects. As part of its Jurisdictional Urban Runoff Management each Copermittee shall provide a workplan with time schedule detailing any changes to its General Plan regarding water quality and watershed protection. Examples of water quality and watershed protection principles and policies to be considered include the following: (1) areasMinimize of new development pandoredevelopment and wus surfaces and here feasible s d impervious surfaces in low runoff and maximize on -site infiltration of runoff. (2) Implement pollution prevention methods supplemented by pollutant source controls and treatment. Use small collection strategies located at, or as close as possible to, the source (i.e., the point where water initially meets the ground) to minimize the transport of urban runoff and pollutants offsite and into an MS4. (3) Preserve, and where possible, create or restore areas that provide important water quality benefits, such as riparian corridors, wetlands, and buffer zones. Encourage land acquisition of such areas. (4) Limit disturbances of natural water bodies and natural drainage systems caused by development including roads, highways, and bridges. (5) Prior to making land use decisions, utilize methods available to estimate increases in pollutant loads and flows resulting from projected future development. Require incorporation of structural and non-structural BMPs to mitigate the projected increases in pollutant loads and flows. (6) Avoid development of areas that are particularly susceptible to erosion and sediment loss; or establish development guidance that identifies these areas and protects them from erosion and sediment loss. (7) Reduce pollutants associated with vehicles and increasing traffic resulting from development. Coordinate local traffic management reduction efforts with the San Diego County Congestion Management Plan. (8) Implement the San Diego Association of Government's (SANDAG's) recommendations as found in the Water Quality Element of its Regional Growth Management Strategy. 24) Order No. 2001-01 Page 15 of 52 S:ISTORMISDPERMrilSdpenn99-91{PermitlSDMuniPermit 3.doe February 21, 2001 (9)• Post -development runoff from a site shall not contain pollutant loads which cause or contribute to an exceedance of receiving water quality objectives or which have not been reduced to the maximum extent practicable. F.1.b. Modify Development Protect Approval Processes Prior to project approval and issuance of local permits, Copermittees shall require each proposed project to implement measures to ensure that pollutants and runoff from the development will be reduced to the maximum extent practicable and will not cause or contribute to an exceedance of receiving water quality objectives. Each Copermittee shall further ensure that all development will be in compliance with Copermittee storm water ordinances, local permits, all other applicable ordinances and requirements, and this Order. (1) Development Project Requirements Each Copermittee shall include development project requirements in local permits to ensure that pollutant discharges and runoff flows from development are reduced to the maximum extent practicable and that receiving water quality objectives are not violated throughout the life of the project. Such requirements shall, at a minimum: (a) Require project proponent to implement source control BMPs for all applicable development projects. (b) Require project proponent to implement site design/landscape characteristics where feasible which maximize infiltration, provide retention, slow runoff, and minimize impervious land coverage for all development projects. (c) Require project proponent to implement buffer zones for natural water bodies, where feasible. Where buffer zone implementation is infeasible, require project proponent to implement other buffers such as trees, lighting restrictions, access restrictions, etc. (d) Require industrial applicants subject toCalifomia's statewide General NPDES Permit for Storm Water Discharges Associated with Industrial Activities (Except Construction), (hereinafter General Industrial Permit), to provide evidence of coverage under the General Industrial Permit. (e) Require project proponent to ensure its grading or other construction activities meet the provisions specified in Section F.2. of this Order. (f) Require project proponent to provide proof of a mechanism which will ensure ongoing long-term maintenance of all structural post -construction BMPs. (2) Standard Urban Storm Water Mitigation Plans (SUSMPs) Within 365 days of adoption of this Order, the Copermittees shall collectively develop a model Standard Urban Storm Water Mitigation Plan (SUSMP) to reduce pollutants and runoff flows from all new development and significant redevelopment projects falling under the priority project categories or locations listed in section F.1.b.(2)(a) below. Within 180 days of approval of the model SUSMP in the public process by the SDRWQCB, each Copermittee shall adopt its own local SUSMP, and amended ordinances consistent with the approved model SUSMP, and shall submit both (local SUSMP and amended ordinances) to the SDRWQCB. Immediately following adoption of its local SUSMP, each Copermittee shall ensure that all new development and significant redevelopment projects falling under the priority project categories or locations listed in F.1.b.(2)(a) below meet SUSMP requirements. The SUSMP requirements shall apply to all priority projects or phases of priority projects which have not yet begun grading or construction activities. If a Copermittee determines that lawful prior approval of a project exists, whereby application of SUSMP requirements to the project is infeasible, SUSMP requirements need not apply to the project. Where feasible, the Copermittce.. shall utilize the 18 month SUSMP implementation period to ensure that a) Order No. 2001-01 Page 16 of 52 SASTORM\SDPERNIMSdperm99A1Wermit1SDMuniPermit 3.doc February 21, 2001 projects undergoing approval processes include application of SUSMP requirements in their plans. (a) Priority Development Project Categories - SUSMP requirements shall apply to all new development and significant redevelopment projects falling under the priority project categories or locations listed below. Significant redevelopment is defined as the creation or addition of at least 5,000 square feet of impervious surfaces on an already developed site. Significant redevelopment includes, but is not limited to: the expansion of a building footprint or addition or replacement of a structure; structural development including an increase in gross floor area and/or exterior construction or remodeling; replacement of impervious surface that is nqt part of a routine maintenance activity; and land disturbing activities related with structural or impervious surfaces. Where significant redevelopment results in an increase of less than fifty percent of the impervious surfaces of a previously existing development, and the existing development was not subject to SUSMP requirements, the numeric sizing criteria discussed in section F.1.b.(2)(c) applies only to the addition, and not to the entire development. i. Home subdivisions of 100 housing units or more. This category includes single- family homes, multifamily homes, condominiums, and apartments. ii. Home subdivisions of 10-99 housing units. This category includes single-family homes, multi -family homes, condominiums, and apartments. M. Commercial developments greater than 100,000 square feet. This category is defined as any development on private land that is not for heavy industrial or residential uses where the land area for development is greater than 100,000 square feet. The category includes, but is not limited to: hospitals; laboratories and other medical facilities; educational institutions; recreational facilities; commercial nurseries; multi -apartment buildings; car wash facilities; mini -malls and other business complexes; shopping malls; hotels; office buildings; public warehouses; automotive dealerships; commercial airfields; and other light industrial facilities. iv. Automotive repair shops. This category is defined as a facility that is categorized in any one of the following Standard Industrial Classification (SIC) codes: 5013, 5014, 5541, 7532-7534, or 7536-7539. v. Restaurants. This category is defined as a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption (SIC code 5812), where the land area for development is greater than 5,000 square feet. vi. All hillside development greater than 5,000 square feet This category is defined as any development which creates 5,000 square feet of impervious surface which is located in an area with known erosive soil conditions, where the development will grade on any natural slope that is twenty-five percent or greater. vii. Environmentally Sensitive Areas: All development and redevelopment located within or directly adjacent to or discharging directly to an environmentally sensitive area (where discharges from the development or redevelopment will enter receiving waters within the environmentally sensitive area), which either creates 2,500 square feet of impervious surface on a proposed project site or increases the area of imperviousness of a proposed project site to 10% or more of its naturally occurring condition. Environmentally sensitive areas include but are not limited to all Clean Water Act Section 303(d) impaired water bodies; LL) Order No. 2001-01 Page 17 of 52 S:ISTORMISDPERMmSdperm99-011PennitSDMuniPennit 3.doc February 21, 2001 areas designated as Areas of Special Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water bodies designated with the RARE beneficial use by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); areas designated as preserves or their equivalent under the Multi Species Conservation Program within the Cities and County of San Diego; and any other equivalent environmentally sensitive areas which have been identified by the Copermittees. "Directly adjacent' means situated within 200 feet of the environmentally sensitive area. "Discharging directly to" means outflow from a drainage conveyance system that is composed entirely of flows from the subject development or redevelopment site, and not commingled with flows from adjacent lands. viii. Parking lots 5,000 square feet or more or with 15 or more parking spaces and potentially exposed to urban runoff. Parking lot is defined as a land area or facility for the temporary parking or storage of motor vehicles used personally, for business, or for commerce. ix. Street, roads, highways, and freeways. This category includes any paved surface which is 5,000 square feet or greater used for the transportation of automobiles, trucks, motorcycles, and other vehicles. x. Retail Gasoline Outlets. Retail Gasoline Outlet is defined as any facility engaged in selling gasoline. (b) BMP Requirements — The SUSMP shall include a list of recommended source control and structural treatment BMPs. The SUSMP shall require all new development and significant redevelopment projects falling under the above priority project categories or locations to implement a combination of BMPs selected from the recommended BMP list, including at a minimum (1) source control BMPs and (2) structural treatment BMPs. The BMPs shall, at a minimum: i. Control the post -development peak storm water runoff discharge rates and velocities :v ;,taint in or reduce pre -development downstream erosion, and to protect stream habitat; ii. Conserve natural areas where feasible; iii. Minimize storm water pollutants of concern in urban runoff from the new development or significant redevelopment (through implementation of source control BMPs). Identification of pollutants of concern should include at a minimum consideration of any pollutants for which water bodies receiving the developments runoff are listed as impaired under Clean Water Act section 303(d), any pollutant associated with the land use type of the development, and any pollutant commonly associated with urban runoff; iv. Remove pollutants of concern from urban runoff (through implementation of structural treatment BMPs); v. Minimize directly connected impervious areas where feasible; vi. Protect slopes and channels from eroding; vii. Include storm drain stenciling and signage; viii. Include properly designed outdoor material storage areas; ix. Include properly designed trash storage areas; x. Include proof of a mechanism, to be provided by the project proponent or Copermittee, which will ensure ongoing long-term structural BMP maintenance; xi. Include additional water quality provisions applicable to individual priority project categories; Order No. 2001-01 Page 18 of 52 SASTORMtSDPERMITSdperm99-01Wermi6SDMuniPermH 3.doc February 21, 2001 xii. Be correctly designed so as to remove pollutants to the maximum extent practicable; xiii. Be implemented close to pollutant sources, when feasible, and prior to discharging into receiving waters supporting beneficial uses; and xiv, Ensure that post -development runoff does not contain pollutant loads which have cause or contribute to an exceedance of water quality objectives or which not been reduced to the maximum extent practicable. (c) Numeric Sizing Criteria — The SUSMP shall require structural treatment BMPs to be implemented for all priority development projects. All structural treatment BMPs shall be located so as to infiltrate, filter, or treat the required runoff volume or flow prior to its discharge to any receiving waterbody supporting beneficial uses. Structural treatment BMPs may be shared by multiple new development projects as long as construction of any shared structural treatment BMPs is completed prior to the use of any new development project from which the structural treatment BMP will receive runoff. In addition to meeting the BMP requirements listed in item F.1.b.(2)(b) above, all structural treatment BMPs for a single priority development project shall collectively be sized to comply with the following numeric sizing criteria: Volume Volume -based BMPs shall be designed to mitigate (infiltrate, filter, or treat) either: The volume of runoff produced from a 24-hour 85"' percentile storm event, as determined from the local historical rainfall record (0.6 inch approximate average for the San Diego County area);3 or ii. The volume of runoff produced by the 85n' percentile 24-hour rainfall event, determined as the maximized capture storm water volume for the area, from the formula recommended in Urban Runoff Quality Management, WEF Manual of Practice No. 23IASCE Manual of Practice No. 87, (1998); or iii. The volume of annual runoff based on unit basin storage volume, to achieve 90% or more volume treatment by the method recommended in California Stormwater Best Management Practices Handbook — IndustriaUCommercial, (1993); or iv. The volume of runoff, as determined from the local historical rainfall record, that achieves approximately the same reduction in pollutant loads and flows as achieved by mitigation of the 85r" percentile 24-hour runoff event 4 OR 3 This volume is not a single volume to be applied to all of San Diego County. The size of the 85"' percentile storm event is different for various parts of the County. The Copermittees are encouraged to calculate the 85"' percentile storm event for each of their jurisdictions using local rain data pertinent to their particular jurisdiction (the 0.6 inch standard is a rough average for the County and should only be used where appropriate rain data is not available). In addition, isopluvial maps contained in the County of San Diego Hydrology Manual may be used to extrapolate rainfall data to areas where insufficient data exists in order to determine the volume of the local 85"' percentile storm event in such areas. Where the Copermittees will use isopluvial maps to determine the 85"' percentile storm event in areas lacking rain data, the Copermittees shag describe their method for using isopluvial maps in the model and local SUSMPs. 4 Under this volume criteria, hourly rainfall data may be used to calculate the 85t percentile storm event, where each storm event is identified by its separation from other storm events by at least six hours of no rain. Where the Copermittees may use hourly rainfall data to calculate the 85"' percentile storm event, the Copermittees shall describe their method for using hourly rainfall data to calculate the B5"' percentile storm event in the model and local SUSMPs. Order No. 2001-01 Page 19 of 52 S:ISTORMISDPERMmSdpenn99-011PennitlSDMuniPermit 3.doc Flow February 21, 2001 Flow -based BMPs shall be designed to mitigate (infiltrate, filter, or treat) either i. The maximum flow rate of runoff produced from a rainfall intensity of 0.2 inch of rainfall per hour; or ii. The maximum flow rate of runoff produced by the 85"' percentile hourly rainfall intensity, as determined from the local historical rainfall record, multiplied by a factor of two; or iii. The maximum flow rate of runoff, as determined from the local historical rainfall record, that achieves approximately the same reduction in pollutant loads and flows as achieved by mitigation of the 85"' percentile hourly rainfall intensity multiplied by a factor of two. (d) Equivalent Numeric Sizing Criteria - The Copermittees may develop, as part of the model SUSMP, any equivalent method for calculating the volume or flow which must be mitigated (i.e., any equivalent method for calculating numeric sizing criteria) by post - construction structural treatment BMPs. Such equivalent sizing criteria may be authorized by the SDRWQCB for use in place of the above criteria. In the absence of development and subsequent authorization of such equivalent numeric sizing criteria, the above numeric sizing criteria requirement shall be implemented. (e) Pollutants or Conditions of Concern — As part of the model SUSMP, the Copermittees shall develop a procedure for pollutants or conditions of concern to be identified for each new development or significant redevelopment project. The procedure shall include, at a minimum, consideration of (1) receiving water quality (including pollutants for which receiving waters are listed as impaired under Clean Water Act section 303(d)); (2) land use type of the development project and pollutants associated with that land use type; (3) pollutants expected to be present on site; (4) changes in storm water discharge flow rates, velocities, durations, and volumes resulting from the development project; and (5) sensitivity of receiving waters to changes in storm water discharge flow rates, velocities, durations, and volumes. (f) Implementation Process — As part of the model SUSMP, the Copermittees shall develop a process by which SUSMP requirements will be implemented. The process shall identify at what point in the planning process development projects will be required to meet SUSMP requirements. The process shall also indude identification of the roles and responsibilities of various municipal departments in implementing the SUSMP requirements, as well as any other measures necessary for the implementation of SUSMP requirements. (g) Restaurants Less than 5,000 Square Feet - New development and significant redevelopment restaurant projects where the land area development is less than 5,000 square feet shall meet all SUSMP requirements except for structural treatment BMP and numeric sizing criteria requirement F.1.b.(2)(c) and peak flow rate requirement F.1.b(2)(b)(i). A restaurant is defined as a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption (SIC Code 5812). (h) Waiver Provision — A Copermittee may provide for a project to be waived from the requirement of implementing structural treatment BMPs (F.1.b.(2)(c)) if infeasibility can be established. A waiver of infeasibility shall only be granted by a Copermittee when all available structural treatment BMPs have been considered and rejected as infeasible. Copermittees shall notify the SDRWQCB within 5 days of each waiver issued and shall include the name of the person granting each waiver. 2q) Order No. 2001-01 Page 20 of 52 S:ISTORMISDPERMIT1Sdperm99.91TermINSOMuniPermit 3.doc February 21, 2001 As part of the model SUSMP, the Copermittees may develop a program to require project proponents who have received waivers to transfer the savings in cost, as determined by the Copermittee(s), to a storm water mitigation fund. This program may be implemented by all Copermittees which choose to provide waivers. Funds may be used on projects to improve urban runoff quality within the watershed of the waived project. The waiver program may identify: The entity or entities that will manage the storm water mitigation fund (i.e., assume full responsibility for) ii. The range and types of acceptable projects for which mitigation funds may be expended; iii. The entity or entities that will assume full responsibility for each mitigation project including its successful completion iv. How the dollar amount of fund contributions will be determined. (i) Infiltration and Groundwater Protection — To protect groundwater quality, each Copermittee shall apply restrictions to the use of structural treatment BMPs which are designed to primarily function as infiltration devices (such as infiltration trenches and infiltration basins). Such restrictions shall ensure that the use of such infiltration structural treatment BMPs shall not cause or contribute to an exceedance of groundwater quality objectives. At a minimum, use of structural treatment BMPs which are designed to primarily function as infiltration devices shall meet the following conditions:5 i. Urban runoff shall undergo pretreatment such as sedimentation or filtration prior to infiltration. ii. All dry weather flows shall be diverted from infiltration devices. iii. Pollution prevention and source control BMPs shall be implemented at a level appropriate to protect groundwater quality at sites where infiltration structural treatment BMPs are to be used. iv. Infiltration structural treatment BMPs shall be adequately maintained so that they remove pollutants to the maximum extent practicable. v. The vertical distance from the base of any infiltration structural treatment BMP to the seasonal high groundwater mark shall be at least 10 feet. Where groundwater basins do not support beneficial uses, this vertical distance criteria may be reduced, provided groundwater quality is maintained. vi. The soil through which infiltration is to occur shall have physical and chemical characteristics (such as appropriate cation exchange capacity, organic content, clay content, and infiltration rate) which are adequate for proper infiltration durations and treatment of urban runoff for the protection of groundwater beneficial uses. vii. Infiltration structural treatment BMPs shall not be used for areas of industrial or light industrial activity; areas subject to high vehicular traffic (25,000 or greater average daily traffic on main roadway or 15,000 or more average daily traffic on any intersecting roadway); automotive repair shops; car washes; fleet storage areas (bus, truck, etc.); nurseries; and other high threat to water quality land uses and activities as designated by each Copermittee. viii. Infiltration structural BMPs shall be located a minimum of 100 feet horizontally from any water supply wells. As part of the model and local SUSMPs, the Copermittees may develop alternative restrictions on the use of structural treatment BMPs which are designed to primarily function as infiltration devices. 5 These conditions do not apply to structural treatment BMPs which allow incidental infiltration and are not designed to primarily function as infiltration devices (such as grassy swales, detention basins, vegetated buffer strips, constructed wetlands, etc.) Order No. 2001-01 Page 21 of 52 S:ISTORM\SDPERMnISdperm99-01\PermlaSDMuniPenn t 3.doe February 21, 2001 (j) Downstream Erosion — As part of the model SUSMP and the local SUSMPs, the Copermittees shall develop criteria to ensure that discharges from new development and significant redevelopment maintain or reduce pre -development downstream erosion and protect stream habitat At a minimum, criteria shall be developed to control peak storm water discharge rates and velocities in order to maintain or reduce pre - development downstream erosion and protect stream habitat. Storm water discharge volumes and durations should also be considered. F.1.c. Revise Environmental Review Processes (1) To the extent feasible, the Copermittees shall revise their current environmental review processes to include requirements for evaluation of water quality effects and identification of appropriate mitigation measures. The following questions are examples to be considered in addressing increased pollutants and flows from proposed projects: (a) Could the proposed project result in an increase in pollutant discharges to receiving waters? Consider water quality parameters such as temperature, dissolved oxygen, turbidity and other typical storm water pollutants (e.g., heavy metals, pathogens, petroleum derivatives, synthetic organics, sediment, nutrients, oxygen -demanding substances, and trash). (b) Could the proposed project result in significant alteration of receiving water quality during or following construction? (c) Could the proposed project result in increased impervious surfaces and associated increased runoff? (d) Could the proposed project create a significant adverse environmental impact to drainage patterns due to changes in runoff flow rates or volumes? (e) Could the proposed project result in increased erosion downstream? (f) Is the project tributary to an already impaired water body, as listed on the Clean Water Act Section 303(d) list. If so, can it result in an increase in any pollutant for which the water body is already impaired? (g) Is project tributary to other environmentally sensitive areas? If so, can it exacerbate already existing sensitive conditions? (h) Could the proposed project have a potentially significant environmental impact on surface water quality, to either marine, fresh, or wetland waters? (i) Could the proposed project have a potentially significant adverse impact on ground water quality? (j) Could the proposed project cause or contribute to an exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? (k) Can the project impact aquatic, wetland, or riparian habitat? F.1.d. Conduct Education Efforts Focused on New Development and Redevelopment (1) Internal: Municipal Staff and Others Each Copermittee shall implement an education program to ensure that its planning and development review staffs (and Planning Boards and Elected Officials, if applicable) have an understanding of: (a) Federal, state, and local water quality laws and regulations applicable to development projects; (b) The connection between land use decisions and short and long-term water quality impacts (i.e., impacts from land development and urbanization); and (c) How impacts to receiving water quality resulting from development can be minimized (i.e., through implementation of various source control and structural BMPs). 3)) Order No. 2001-01 Page 22 of 52 SASTORMISDPERMITSdperm99-01WermitISDMunIPermlt 3.doc February 21, 2001 (2) External: Project Applicants, Developers, Contractors, Property Owners, Community Planning Groups As early in the planning and development process as possible, each Copermittee shall implement a program to educate project applicants, developers, contractors, property owners, and community planning groups on the following topics: (a) Federal, state, and local water quality laws and regulations applicable to development projects; (b) Required federal, state, and local permits pertaining to water quality; (c) Water quality impacts of urbanization; and (d) Methods for minimizing the impacts of development on receiving water quality. F.2 Construction Component Each Copermittee shall implement a Construction Component of its Jurisdictional URMP to reduce pollutants in runoff from construction sites during all construction phases. At a minimum the construction component shall address: F.2.a. Pollution Prevention F.2.b. Grading Ordinance Update F.2.c: Modify Construction and Grading Approval Process F.2.d. Source Identification F.2.e. Threat to Water Quality Prioritization F.2.f. BMP Implementation F.2.g. Inspection of Construction Sites F.2.h. Enforcement of Construction Sites F.2.i. Reporting of Non -compliant Sites F.2.j. Education Focused on Construction Activities F.2.a. Pollution Prevention (Construction) Each Copermittee shall implement pollution prevention methods in its Construction Component and shall require its use by construction site owners, developers, contractors, and other responsible parties, where appropriate. F.2.b. Grading Ordinance Update (Construction) Each Copermittee shall review and update its grading ordinances as necessary for compliance with its storm water ordinances and this Order. The updated grading ordinance shall require implementation of BMPs and other measures during all construction activities, including the following BMPs and other measures or their equivalent: (1) Erosion prevention; (2) Seasonal restrictions on grading; (3) Slope stabilization requirements; (4) Phased grading; (5) Revegetation as early as feasible; (6) Preservation of natural hydrologic features; (7) Preservation of riparian buffers and corridors; (8) Maintenance of all source control and structural treatment BMPs; and (9) Retention and proper management of sediment and other construction pollutants on site. Order No. 2001-01 Page 23 of 52 S:ISTORMISDPERMMSdperm99-01\Permit1SDMuniPertnit 3.doc February 21, 2001 F.2.c Modify Construction and Grading Approval Process (Construction) Prior to approval and issuance of local construction and grading permits, each Copermittee shall require all individual proposed construction and grading projects to implement measures to ensure that pollutants from the site will be reduced to the maximum extent practicable and will not cause or contribute to ad exceedance of water quality objectives. Each Copermittee shall further ensure that all grading and construction activities will be in compliance with applicable Copermittee ordinances (e.g., storm water, grading, construction, etc.) and other applicable requirements, including this Order. (1) Construction and Grading Project Requirements Include construction and grading project requirements in local grading and construction permits to ensure that pollutant discharges are reduced to the maximum extent practicable and water quality objectives are not violated during the construction phase. Such requirements shall include the following requirements or their equivalent: (a) Require project proponent to develop and implement a plan to manage storm water and non -storm water discharges from the site at all times; (b) Require project proponent to minimize grading during the wet season and coincide grading with seasonal dry weather periods to the extent feasible. If grading does occur during the wet season, require project proponent to implement additional BMPs for any rain events which may occur, as necessary for compliance with this Order; (c) Require project proponent to emphasize erosion prevention as the most important measure for keeping sediment on site during construction; (d) Require project proponent to utilize sediment controls as a supplement to erosion prevention for keeping sediment on -site during construction, and never as the single or primary method; (e) Require project proponent to minimize areas that are cleared and graded to only the portion of the site that is necessary for construction; (f) Require project proponent to minimize exposure time of disturbed soil areas; (g) Require project proponent to temporarily stabilize and reseed disturbed soil areas as rapidly as possible; (h) (h) Require project proponent to permanently revegetate or landscape as early as feasible; (i) Require project proponent to stabilize all slopes; and Q) Require project proponents subject to California's statewide General NPDES Permit for Storm Water Discharges Associated With Construction Activities, (hereinafter General Construction Permit), to provide evidence of existing coverage under the General Construction Permit. F.2.d. Source Identification (Construction) Each Copermittee shall annually develop and update, prior to the rainy season, a watershed based inventory of all construction sites within its jurisdiction regardless of site size or ownership. This requirement is applicable to all construction sites regardless of whether the construction site is subject to the California statewide General NPDES Permit for Storm Water Discharges Associated With Construction Activities (hereinafter General Construction Permit), or other individual NPDES permit. The use of an automated database system, such as Geographical Information System (GIS) is highly recommended, but not required. F.2.e. Threat to Water Quality Prioritization (Construction) (1) To establish priorities for construction oversight activities under this Order, the Copermittee shall prioritize its watershed -based inventory (developed pursuant to F.2.d. above) by threat to water quality. Each construction site shall be classified as high, medium, or low threat to Order No. 2001-01 Page 24 of 52 S:ISTORMISDPERMrnadperm88-011PermiNDMuniPemdt 3.doc February 21,2001 water quality. In evaluating threat to water quality each Copermittee shall consider (1) soil erosion potential; (2) site slope; (3) project size and type; (4) sensitivity of receiving water bodies; (5) proximity to receiving water bodies; (6) non -storm water discharges; and (7) any other relevant factors. (2) A high priority construction site shall at a minimum be defined as a site meeting either of the following criteria or equivalent criteria: (a) The site is 50 acres or more and grading will occur during the wet season; OR (b) The site is (1) 5 acres or more and (2) tributary to a Clean Water Act section 303(d) water body impaired for sediment or is within or directly adjacent to or discharging directly to a coastal lagoon or other receiving water within an environmentally sensitive area (as defined in section F.1.b.(2)(a)vii of this Order). F.2.f. BMP Implementation (Construction) (1) Each Copermittee shall designate a set of minimum BMPs for high, medium, and low threat to water quality construction. sites (as determined under section F.2.e). BMPs are to be implemented year round. (2) Each Copermittee shall implement, or require the implementation of, the designated minimum BMPs (based upon the site's threat to water quality rating) at each construction site within its jurisdiction year round. If particular minimum BMPs are infeasible at any specific site, each Copermittee shall implement, or require the implementation of, other equivalent BMPs. Each Copermittee shall also implement or require any additional site specific BMPs as necessary to comply with this Order, including BMPs which are more stringent than those required under the statewide General Construction Permit. (3) Each owever BMP implementation requi eshall implement, or ments can varyry based o wet and dry sea quire ttie implementation of, BMPs year round; hseasons. (4) Each Copermittee shall implement, or require implementation of, additional controls for construction sites tributary to Clean Water Act section 303(d) water bodies impaired for sediment as necessary to comply with this Order. Each Copermittee shall implement, or require implementation of, additional controls for construction sites within or adjacent to or discharging directly to coastal lagoons or other receiving waters within environmentally sensitive areas (as defined in section F.1.b.(2)(a)(vii) of this Order) as necessary to comply with this Order. F.2.g. Inspection of Construction Sites (Construction) (1) Each Copermittee shall conduct construction site inspections for compliance with its ordinances (grading, storm water, etc.), permits (construction, grading, etc.), and this Order. Inspections shall include review of site erosion control and BMP implementation plans. (2) Each Copermittee shall establish inspection frequencies and priorities as determined by the threat to water quality prioritization described in F.2.e above. During the wet season (i.e., October 1 through April 30 of each year), each Copermittee shall inspect, at a minimum, each High Priority construction site, either: (a) Weekly OR (b) Monthly for any site that the responsible Copermittee certifies in a written statement to the SDRWQCB all of the following (certified statements may be submitted to the SDRWQCB at any time for one or more sites): 34) Order No. 2001-01 Page 25 of 52 S;\STORM\SDPERMITISdperm99-911PennittSDMuniPenntt 3.doc February 21, 2001 i. Copermittee has record of construction site's Waste Discharge Identification Number (WDID#) documenting construction site's coverage under the statewide General Construction Permit; and ii. Copermittee has reviewed the constructions site's Storm Water Pollution Prevention Plan (SWPPP); and iii. Copermittee finds SWPPP to be in compliance with all local ordinances, permits, and plans; and iv. Copermittee finds that the SWPPP is being properly implemented on site. At a minimum, Medium and Low Priorityconstruction sites shall be inspected by Copermittees twice during the wet season. All construction sites shall be inspected by the Copermittees as needed during the dry season (i.e., May 1 through September 30 of each year). (3) Based upon site inspection findings, each Copermittee shall implement all follow-up actions necessary to comply with this Order. F.2.h. Enforcement of Construction Sites (Construction) Each Copermittee shall enforce its ordinances (grading, storm water, etc.) and permits (construction, grading, etc.) at all construction sites as necessary to maintain compliance with this Order. Copermittee ordinances or other regulatory mechanisms shall include sanctions to ensure compliance. Sanctions shall include the following or their equivalent Non -monetary penalties, fines, bonding requirements, and/or permit denials for non-compliance. F.2.i. Reporting of Non -compliant Sites (Construction) Each Copermittee shall provide oral notification to the SDRWQCB of non -compliant sites that are determined to pose a threat to human or environmental health within its jurisdiction within 24 hours of the discovery of noncompliance, as required under section R.1 (and B.6 of Attachment C) of this Order. Each Copermittee shall develop and submit criteria by which to evaluate events of non- compliance to determine whether they pose a threat to human or environmental health.. These criteria shall be submitted in the Jurisdictional Urban Runoff Management Program Document and Annual Reports for SDRWQCB review. Such oral notification shall be followed up by a written report to be submitted to the SDRWQCB within 5 days of the incidence of non-compliance as required under section R.1 (and B.6 of Attachment C) of this Order. Sites are considered non -compliant when one or more violations of local ordinances, permits, plans, or this Order exist on the site. F.2.j. Education Focused on Construction Activities (Construction) (1) Internal: Municipal Staff Each Copermittee shall implement an education program to ensure that its construction, building, and grading review staffs and inspectors have an understanding of: (a) Federal, state, and local water quality laws and regulations applicable to construction and grading activities. (b) The connection between construction activities and water quality impacts (i.e., impacts from land development and urbanization). (c) How erosion can be prevented. (d) How impacts to receiving water quality resulting from construction activities can be minimized (i.e., through implementation of various source control and structural BMPs). Order No. 2001-01 Page 26 of 52 SASTORM\SDPERNIMSdperm99-011PennihSDMuniPermit 3.doc (e) Applicable topics listed in section F.4. of this Order. (2) External: Project Applicants, Contractors, Developers, Property Owners, and other Responsible Parties Each Copermittee shall implement an education program to ensure that project applicants, contractors, developers, property owners, and other responsible parties have an understanding of the topics outlined in section F.2.j.1. above of this Order. F.3. Existing Development Component Each Copermittee shall minimize the short and long-term impacts on receiving water quality from all types of existing development. F.3.a. Municipal (Existing Development) Each Copermittee shall implement a Municipal (Existing Development) Component to prevent or reduce pollutants in runoff from all municipal land use areas and activities. At a minimum the municipal component shall address: F.3.a.(1) F.3.a.(2) F.3.a.(3) F.3.a.(4) F.3.a.(5) F.3.a.(6) F.3.a.(7) F.3.a.(8) February 21, 2001 Pollution Prevention Source Identification Threat to Water Quality prioritization BMP Implementation Maintenance of Municipal Separate Storm Sewer System Management of Pesticides, Herbicides, and Fertilizers Inspection of Municipal Areas and Activities Enforcement of Municipal Areas and Activities F.3.a.(1) Pollution Prevention (Municipal) Each Copermittee shall implement pollution prevention methods in its Municipal (Existing Development) Component and shall require its use by appropriate municipal departments and personnel, where appropriate. F.3.a.(2) Source Identification (Municipal) Each Copermittee shall develop, and update annually, a watershed based inventory of the name, address (if applicable), and description of all municipal land use areas and activities which generate pollutants. The use of an automated database system, such as Geographical Information System (GIS) is highly recommended when applicable, but not required. F.3.a.(3) Threat to Water Quality Prioritization (Municipal) (a) To establish priorities for oversight of municipal areas and activities required under this Order, each Copermittee shall prioritize each watershed inventory in F.3.a.2. above by threat to water quality and update annually. Each municipal area and activity shall be classified as high, medium, or low threat to water quality. In evaluating threat to water quality, each Copermittee shall consider (1) type of municipal area or activity; (2) materials used; (3) wastes generated; (4) pollutant discharge potential; (5) non -storm water discharges; (6) size of facility or area; (7) proximity to receiving water bodies; (8) sensitivity of receiving water bodies; and (9) any other relevant factors. (b) At a minimum, the high priority municipal areas and activities shall include the following: i. Roads, Streets, Highways, and Parking Facilities. Order No. 2001-01 Page 27 of 52 S:ISTORMSDPERMITlSdperm99-011PennitSDMuniPermit 3.doc February 21, 2001 H. Flood Management Projects and Flood Control Devices. M. Areas and activities tributary to a Clean Water Act section 303(d) impaired water body, where an area or activity generates pollutants for which the water body is impaired. Areas and activities within or adjacent to or discharging directly to coastal lagoons or other receiving waters within environmentally sensitive areas (as defined in section F.1.b.(2Xa)vii of this Order). iv. Municipal Waste Facilities. • Active or closed municipal landfills; • Publicly owned treatment works (including water and wastewater treatment plants) and sanitary sewage collection systems; • Municipal separate storm sewer systems; • Incinerators; • Solid waste transfer facilities; • Land application sites; • Uncontrolled sanitary landfills; • Corporate yards including maintenance and storage. yards for materials, waste, equipment and vehicles; • Sites for disposing and treating sewage sludge; and • Hazardous waste treatment, disposal, and recovery facilities. v. Other municipal areas and activities that the Copermittee determines may contribute a significant pollutant load to the MS4. vi. Municipal airfields. F.3.a.(4) BMP Implementation (Municipal) (a) Each Copermittee shall designate a set of minimum BMPs for high, medium, and low threat to water quality municipal areas and activities (as determined under section F.3.a.(3)). The designated minimum BMPs for high threat to water quality municipal areas and activities shall be area or activity specific as appropriate. (b) Each Copermittee shall implement, or require the implementation of, the designated minimum BMPs (based upon the threat to water quality rating) at each municipal area or activity within its jurisdiction. If particular minimum BMPs are infeasible for any specific area or activity, each Copermittee shall implement, or require implementation of other equivalent BMPs. Each Copermittee shall also implement any additional BMPs as are necessary to comply with this Order. i. Each Copermittee shall evaluate feasibility of retrofitting existing structural flood control devices and retrofit where needed. (c) Each Copermittee shall implement, or require implementation of, any additional controls for municipal areas and activities tributary to Clean Water Act section 30$(d) impaired water bodies (where an area or activity generates pollutants for which the water body is impaired) as necessary to comply with this Order. Each Copermittee shall implement, or require implementation of, additional controls for municipal areas and activities within or directly adjacent to or discharging directly to coastal lagoons or other receiving waters within environmentally sensitive areas (as defined in section F.1.b.(2)(a)(vii) of this Order) as necessary to comply with this Order. F.3.a.(5) Maintenance of Municipal Separate Storm Sewer System (Municipal) (a) Each Copermittee shall implement a schedule of maintenance activities at all structural controls designed to reduce pollutant discharges to or from its MS4s and related drainage structures. 3)) Order No. 2001-01 Page 28 of 52 S:ISTORMISDPERMrnsdperm99-011PenniflSDMuniPermit 3.doc (b) Each Copermittee shall implement a schedule of maintenance activities for the municipal separate storm sewer system. (c) The maintenance activities must, at a minimum, include: i. " Inspection and removal of accumulated waste (e.g. sediment, trash, debris and other pollutants) between May 1 and September 30 of each year; ii. Additional cleaning as necessary between October 1 and April 30 of each year; iii. Record keeping of cleaning and the overall quantity of waste removed; iv. Proper disposal of waste removed pursuant to applicable laws; v. Measures to eliminate waste discharges during MS4 maintenance and cleaning activities. F.3.a.(6) Management of Pesticides. Herbicides. and Fertilizers (Municipal) The Copermittees shall implement BMPs to reduce the contribution of pollutants associated with the application, storage, and disposal of pesticides, herbicides and fertilizers from municipal areas and activities to MS4s. Important municipal areas and activities indude municipal facilities, public rights -of -way, parks, recreational facilities, golf courses, cemeteries, botanical or zoological gardens and exhibits, landscaped areas, etc. Such BMPs shall include, at a minimum: (1) educational activities, permits, certifications and other measures for municipal applicators and distributors; (2) integrated pest management measures that rely on non -chemical solutions; (3) the use of native vegetation; (4) schedules for irrigation and chemical application; and (5) the collection and proper disposal of unused pesticides, herbicides, and fertilizers. F.3.a.(7) Inspection of Municipal Areas and Activities (Municipal) At a minimum, each Copermittee shall inspect high priority municipal areas and activities annually. Based upon site inspection findings, each Copermittee shall implement all follow-up actions necessary to comply with this Order. F.3.a.(8) Enforcement of Municipal Areas and Activities (Municipal) Each Copermittee shall enforce its storm water ordinance for all municipal areas and activities as necessary to maintain compliance with this Order. F.3.b. Industrial (Existing Development) Each Copermittee shall implement an Industrial (Existing Development) Component to reduce pollutants in runoff from all industrial sites. At a minimum the industrial component shall address: F.3.b.(1) F.3.b.(2) F.3.b.(3) F.3.b.(4) F.3.b.(5) F.3.b.(6) F.3.b.(7) F.3.b.(8) February 21, 2001 Pollution Prevention Source Identification Threat to Water Quality Prioritization BMP Implementation Monitoring of Industrial Sites Inspection of Industrial Sites Enforcement Measures for Industrial Sites Reporting of Non -compliant Sites Order No. 2001-01 Page 29 of 52 S:WTORM SDPERMIT1Sdpenn99-011PermifiSDMuniPermit 3.doc February 21, 2001 F.3.b.(1) Pollution Prevention (Industrial) Each Copermittee shall implement pollution prevention methods in its Industrial (Existing Development) Component and shall require its use by industry, where appropriate. F.3.b.(2) Source Identification (Industrial) Each Copermittee shall develop and update annually a watershed -based inventory of all industrial sites within its jurisdiction regardless of site ownership. This requirement is applicable to all industrial sites regardless of whether the industrial site is subject the California statewide General NPDES Permit for Storm Water Discharges Associated With Industrial Activities, Except Construction (hereinafter General Industrial Permit) or other individual NPDES permit. The inventory shall include the following minimum information for each industrial site: name; address; and a narrative description including SIC codes which best reflects the principal products or services provided by each facility. The use of an automated database system, such as Geographical Information System (GIS) is highly recommended, but not required. F.3.b.(3) Threat to Water Duality Prioritization (Industrial) (a) To establish priorities for industrial oversight activities under this Order, the Copermittee shall prioritize each watershed -based inventoly in F.3.b.(2) above by threat to water quality and update annually. Each industrial site shall be dassified as high, medium, or low threat to water quality. In evaluating threat to water quality each Copermittee shall consider (1) type of industrial activity (SIC Code); (2) materials used in industrial processes; (3) wastes generated; (4) pollutant discharge potential; (5) non -storm water discharges; (6) size of facility; (7) proximity to receiving water bodies; (8) sensitivity of receiving water bodies; (9) whether the industrial site is subject to the statewide General Industrial Permit and (10) any other relevant factors. (b) At a minimum the high priority industrial sites shall include industrial facilities that are subject to section 313 of Title III of the Superfund Amendments and Reauthorization Act of 1986 (SARA); industrial facilities tributary to a Clean Water Act section 303(d) impaired water body, where a facility generates pollutants for which the water body is impaired; industrial facilities within or directly adjacent to or discharging directly to coastal lagoons or other receiving waters within environmentally sensitive areas (as defined in section F.1.b.(2)(a)vii of this Order); facilities subject to the statewide General Industrial Permit; and all other industrial facilities that the Copermittee determines are contributing significant pollutant loading to its MS4, regardless of whether such facilities are covered under the statewide General Industrial Permit or other NPDES permit. F.3.b.(4) BMP Implementation (Industrial) (a) Each Copermittee shall designate a set of minimum BMPs for high, medium, and low threat to water quality industrial sites (as determined under section F.3.b.(3)). The designated minimum BMPs for high threat to water quality industrial sites shall be industry and site specific as appropriate. (b) Each Copermittee shall implement, or require the implementation of, the designated minimum BMPs (based upon the site's threat to water quality rating) at each industrial site within its jurisdiction. If particular minimum BMPs are infeasible at any specific site, each Copermittee shall implement, or require implementation of, other equivalent BMPs. Each Copermittee shall also implement or require any additional site specific BMPs as necessary to comply with this Order including BMPs which are more stringent 3 3) Page No. 2001-01 Pa a 30 of 52 February 21, 2001 SASTORMISDPERMITsdperm99-01TennidndlluniPermit 3.doc than those required under the statewide General Industrial Permit. (c) Each Copermittee shall implement, or require implementation of, additional controls for industrial sites tributary to Clean Water Act section 303(d) impaired water bodies (where a site generates pollutants for which the water body is impaired) as necessary mply with this Order. Each Copermittee shall implement, or require implementation of, additional controls for industrial sites within or directly adjacent to or discharging directly to coastal lagoons or other receiving waters within environmentally sensitive areas (as defined in section F.1.b.(2)(a)(vii) of this Order) as necessary to comply with this Order. F.3.b.(5) Monitoring of Industrial Sites (Industrial) (a) Each Copermittee shall conduct, or require industry to conduct, a monitoring program for runoff from each high threat to water quality industrial site (identified in F.3.b.(3) above). Group monitoring by multiple industrial sites conducted under group monitoringprograms approved by the State Water Resources Control Board is acceptable. (b) At a minimum, the monitoring program shall provide quantitative data from two storm events per year on the following constituents: i. Any pollutant listed in effluent guidelines subcategories where applicable; H. Any pollutant for which an effluent limit has been established in an existing NPDES permit for the facility; iii. Oil and grease or Total Organic Carbon (TOC); iv. pH; v. Total suspended solids (TSS); vi. Specific conductance; and vii. Toxic chemicals and other pollutants that are likely to be present in storm water ' discharges. F.3.b.(6) Inspection of Industrial Sites (Industrial) (a) Each Copermittee shall conduct industrial site inspections for compliance with its ordinances, permits, and this Order. Inspections shall include review of BMP implementation plans. (b) Each Copermittee shall establish inspection frequencies and priorities as determined by the threat to water quality prioritization described in F.3.b.(3) above. Each Copermittee shall inspect high priority industrial sites, at a minimum: Annually OR ii. Bi-annually for any site that the responsible Copermittee certifies in a written statement to the SDRWQCB all of the following (certified statements may be submitted to the SDRWQCB at any time for one or more sites): • Copermittee has record of industrial site's Waste Discharge Identification Number (W DID#) documenting industrial site's coverage under the statewide General Industrial Permit; and • Copermittee has reviewed the industrial site's Storm Water Pollution Prevention Plan (SWPPP); and • Copermittee finds SWPPP to be in compliance with all local ordinances, permits, and plans; and • Copermittee finds that the SWPPP is being properly implemented on site. Order No. 2001-01 Page 31 of 52 S:ISTORMtSDPERMITlSdperm99-011PermittSDMuniPermit 3.doe February 21, 2001 Each Copermittee shall inspect medium and low threat to water quality industrial sites as needed. (c) Based upon site inspection findings, each Copermittee shall implement all follow-up actions necessary to comply with this Order. (d) To the extent that the SDRWQCB has conducted an inspection of a high priority industrial site during a particular year, the requirement for the responsible Copermittee to inspect this site during the same year will be satisfied. F.3.b.(7) Enforcement of Industrial Sites (Industrial) Each Copermittee shall enforce its storm water ordinance at all industrial sites as necessary to maintain compliance with this Order. Copermittee ordinances or other regulatory mechanisms shall include sanctions to ensure compliance. Sanctions shall include the following or their equivalent Non -monetary penalties, fines, bonding requirements, and/or permit denials for non-compliance. F.3.b.(8) Reporting of Non-comoliant Sites (Industrial) Each Copermittee shall provide oral notification to the SDRWQCB of non -compliant sites that are determined to pose a threat to human or environmental health within its jurisdiction within 24 hours of the discovery of noncompliance, as required under section R.1 (and B.6 of Attachment C) of this Order. Each Copermittee shall develop and submit criteria by which to evaluate events of non- compliance to determine whether they pose a threat to human or environmental health. These criteria shall be submitted in the Jurisdictional Urban Runoff Management Program Document and Annual Reports for SDRWQCB review. Such oral notification shall be followed up by a written report to be submitted to the SDRWQCB within 5 days of the incidence of non-compliance as required under section R.1(and B.6 of Attachment C) of this Order. Sites are considered non -compliant when one or more violations of local ordinances, permits, plans, or this Order exist on the site. F.3.c. Commercial (Existing Development) Each Copermittee shall implement a Commercial (Existing Development) Component to reduce pollutants in runoff from commercial sites. At a minimum the commercial component shall address: F.3.c.(1) F.3.c.(2) F.3.c.(3) F.3.c.(4) F.3.c.(5) Pollution Prevention Source Identification BMP Implementation Inspection of Commercial Sites and Sources Enforcement of Commercial Sites and Sources F.3.c.(1) Pollution Prevention (Commercial) Each Copermittee shall implement pollution prevention methods in its Commercial (Existing Development) Component and shall require its use by commerce, where appropriate. F.3.c.(2) Source Identification (Commercial) Each Copermittee shall develop and update annually an inventory of the following high priority threat to water quality commercial sites/sources listed below. (If any commercial 41) Order No. 2001-01 Page 32 of 52 SASTORMISDPERMITlSdperm99-01WermiNSDMuniPemdt 3.doc February 21, 2001 site/source listed below is inventoried as an industrial site, as required under section F.3.b.(2) of this Order, it is not necessary to also inventory it as a commercial site/source). (a) Automobile mechanical repair, maintenance, fueling, or cleaning; (b) Airplane mechanical repair, maintenance, fueling, or cleaning; (c) Boat mechanical repair, maintenance, fueling, or cleaning; (d) Equipment repair, maintenance, fueling, or cleaning; (e) Automobile and other vehicle body repair or painting; (f) Mobile automobile or other vehicle washing; (g) Automobile (or other vehide) parking lots and storage facilities; (h) Retail or wholesale fueling; (i) Pest control services; (j) Eating or drinking establishments; (k) Mobile carpet, drape or furniture cleaning; (I) Cement mixing or cutting; (m) Masonry; (n) Painting and coating; (o) Botanical or zoological gardens and exhibits; (p) Landscaping; (q) Nurseries and greenhouses; (r) Golf courses, parks and other recreational areas/facilities; (s) Cemeteries; (t) Pool and fountain cleaning; (u) Marinas; (v) Port -a -Potty servicing; (w) Other commercial sites/sources that the Copermittee determines may contribute a significant pollutant load to the MS4; (x) Any commercial site or source tributary to a Clean Water Act section 303(d) impaired water body, where the site or source generates pollutants for which the water body is impaired; and (y) Any commercial site or source within or directly adjacent to or discharging directly to a coastal lagoon or other receiving water within an environmentally sensitive area (as defined in F.1.b(2Xa)vii of this Order). The use of an automated database system, such as Geographical Information System (GIS) is highly recommended, but not required. F.3.c.(3) BMP Implementation (Commercial) (a) Each Copermittee shall designate a set of minimum BMPs for the high priority threat to water quality commercial sites/sources (listed above in section F.3.c.(2)). The designated minimum BMPs for the high threat to water quality commercial sites/sources shall be site and source specific as appropriate. (b) Each Copermittee shall implement, or require the implementation of, the designated minimum BMPs at each high priority threat to water quality commercial site/source within its jurisdiction. If particular minimum BMPs are infeasible for any specific site/source, each Copermittee shall implement, or require the implementation of, other equivalent BMPs. Each Copermittee shall also implement or require any additional site specific BMPs as necessary to comply with this Order. (c) Each Copermittee shall implement, or require implementation of, additional controls for commercial sites or sources tributary to Clean Water Act section 303(d) unpaired water bodies (where a site or source generates pollutants for which the water body is impaired) as necessary to comply with this Order. Each Copermittee shall implement, or require implementation of, additional controls for commercial sites or sources within 1 ) Order No. 2001-01 Page 33 of 52 S:STORM\SDPERMiflSdpenn99-01WennittSDMunIPermit 3.doc February 21, 2001 or directly adjacent to or discharging directly to coastal lagoons or other receiving waters within environmentally sensitive areas (as defined in section F.1.b.(2)(axvii) of this Order) as necessary to comply with this Order. F.3.c.(4) Inspection of Commercial Sites and Sources (Commercial] Each Copermittee shall inspect high priority commercial sites and sources as needed. Based upon site inspection findings, each Copermittee shall implement all follow-up actions necessary to comply with this Order. F.3.c.(5) Enforcement of Commercial Sites and Sources (Commercial) Each Copermittee shall enforce its storm water ordinance for all commercial sites and sources as necessary to maintain compliance with this Order. F.3.d. Residential (Existing Development) Each Copermittee shall implement a Residential (Existing Development) Component to prevent or reduce pollutants in runoff from all residential land use areas and activities. At a minimum the residential component shall address: F.3.d.(1) F.3.d.(2) F.3.d.(3) F.3.d.(4) Pollution Prevention Threat to Water Quality Prioritization BMP Implementation Enforcement of Residential Areas and Activities F.3.d.(1) Pollution Prevention (Residential2 Each Copermittee shall include pollution prevention methods in its Residential (Existing Development) Component and shall encourage their use by residents, where appropriate. F.3.d.(2) Threat to Water Quality Prioritization (Residential) Each Copermittee shall identify high priority residential areas and activities. At a minimum, these shall include: • Automobile repair and maintenance; • Automobile washing; • Automobile parking; • Home and garden care activities and product use (pesticides, herbicides, and fertilizers); • Disposal of household hazardous waste (e.g., paints, cleaning products); • Disposal of pet waste; • Disposal of green waste; • Any other residential source that the Copermittee determines may contribute a significant pollutant load to the MS4; • Any residence tributary to a Clean Water Act section 303(d) impaired water body, where the residence generates pollutants for which the water body is impaired; and • Any residence within or directly adjacent to or discharging directly to a coastal lagoon or other receiving waters within an environmentally sensitive area (as defined in F.1.b.(2)(a)vii of this Order). 43) Order No. 2001-01 Page 34 of 52 SASTORMISDPERMITSdperm99A1WermlaSDMuniPennit 3.doc F.3.d.(3) BMP Implementation (Residential (a) Each Copermittee shall designate a set of minimum BMPs for high threat to water quality residential areas and activities (as required under section F..3.d.(2)). The designated minimum BMPs for high threat to water quality municipal areas and activities shall be area or activity specific. (b) Each Copermittee shall require implementation of the designated minimum BMPs for high threat to water quality residential areas and activities. If particular minimum BMPs are infeasible for any specific site/source, each Copermittee hhalllllrequi implement, or implementation of other equivalent BMPs. Each Copermitteewith this require implementation of, any additional BMPs as are necessary to comply Order. (c) Each Copermittee shall implement, or require implementation of, any additional controls for residential areas and activities tributary to Clean Water Act Section 303(d) impaired water bodies (where a residential area or activity generates pollutants for which theheshall water body is impaired) as necessary to comply with this Order. Each Cope implement, or require implementation of, additional controls for residential areas within or directly adjacent to or discharging directly to coastal lagoons or other receiving waters within environmentally sensitive areas (as defined in section F.1.b.(2)(axvii) of this Order) as necessary to comply with this Order. F.3.d.(4) Enforcement of Residential Areas and Activities (Residential) Each Copermittee shall enforce its storm water ordinance for all residential areas and activities as necessary to maintain compliance with this Order. F.4. Education Component Each Copermittee shall implement an Education Component using all media as appropriate to (1) measurably increase the knowledge of the target communities regarding MS4s, impacts of urban runoff on receiving waters, and potential BMP solutions for the target audience; and (2) etheases to measurably change the behavior of target communities and thereby reduce pollutant MS4s and the environment. At a minimum the education component shall address the following target communities: • Municipal Departments and Personnel • Construction Site Owners and Developers • Industrial Owners and Operators • Commercial Owners and Operators • Residential Community, General Public, and School Children • Quasi -Governmental Agencies/Districts (i.e., educational institutions, water districts, sanitation districts, etc.) F.4.a. All Target Communities February 21, 2001 At a minimum the Education Program for each target audience shall contain information on the following topics where applicable: • State and Federal water quality laws • Requirements of local municipal permits and ordinances (e.g., storm water and grading ordinances and permits) • Impacts of urban runoff on receiving waters • Watershed concepts (i.e., stewardship, connection between inland activities and coastal problems, etc.) Order No. 2001-01 Page 35 of 52 SASTORMISDPERMMSdperm99.011PerminDMuniPennit 3.doc February 21, 2001 • Distinction between MS4s and sanitary sewers • Importance of good housekeeping (e.g., sweeping impervious surfaces instead of hosing) • Pollution prevention and safe alternatives • Household hazardous waste collection • Recycling • BMPs: Site specific, structural and source control • BMP maintenance • Non -storm water disposal alternatives (e.g., all wash waters) • Pet and animal waste disposal • Proper solid waste disposal (e.g., garbage, tires, appliances, furniture, vehicles) • Equipment and vehicle maintenance and repair • Public reporting mechanisms • Green waste disposal • Integrated pest management • Native vegetation • Proper disposal of boat and recreational vehicle waste • Traffic reduction, alternative fuel use •. Water conservation F.4.b. Municipal, Construction, Industrial, Commercial, and Quasi -Governmental (educational institutions, water districts, sanitation districts, etc.) Communities In addition to the topics listed in F.4.a. above, the Municipal, Construction, Industrial, Commercial, and Quasi -Governmental (Educational Institutions, Water Districts, Sanitation Districts) Communities shall also be educated on the following topics where applicable: • Basic urban runoff training for all personnel • Additional urban runoff training for appropriate personnel • Illicit Discharge Detection and Elimination observations and follow-up during daily work activities • Lawful disposal of catchbasin and other MS4 cleanout wastes • Water quality awareness for Emergency/First Responders • California's Statewide General NPDES Permit for Storm Water Discharges Associated with Industrial Activities (Except Construction). • California's Statewide General NPDES Permit for Storm Water Discharges Associated with Construction Activities • SDRWQCB's General NPDES Permit for Groundwater Dewatering • 401 Water Quality Certification by the SDRWQCB • Statewide General NPDES Utility Vault Permit (NPDES No. CAG990002) • SDRWQCB Waste Discharge Requirements for Dredging Activities • Local requirements beyond statewide general permits • Federal, state and local water quality regulations that affect development projects • Water quality impacts associated with land development • Alternative materials & designs to maintain peak runoff values • How to conduct a storm water inspection • Potable water discharges to the MS4 • Dechlorination techniques • Hydrostatic testing • Spill response, containment, & recovery • Preventive maintenance • How to do your job and protect water quality 4) Order No. 2001-01 Page 36 of 52 S:\STORM\SDPERNIMSdperm99-01\PennitkSDMunlPermlt 3.doc F.4.c. Residential, General Public, School Children Communities In addition to the topics listed in F.4.a. above, the Residential, General Public, and School Children Communities shall be educated on the following topics where applicable: • Public reporting information resources • Residential and charity car -washing • Community activities (e.g., "Adopt a Storm Drain, Watershed, or Highway" Programs, citizen monitoring, creek/beach cleanups, environmental protection organization activities, etc.) F.5. Illicit Discharge Detection and Elimination Component February 21, 2001 Each Copermittee shall implement an Illicit Discharge Detection and Elimination Component containing measures to actively seek and eliminate illicit discharges and connections. At a minimum the Illicit Discharge Detection and Elimination Component shall address: F.5.a Illicit Discharges and Connections F.5.b Dry Weather Analytical Monitoring F.5.c Investigation / Inspection and follow-up F.5.d Elimination of Illicit Discharges and Connections F.5.e Enforce Ordinance F.5.f Prevent and Respond To Sewage Spills (Including from Private Laterals and Failing Septic Systems) and Other Spills F.5.g Facilitate Public Reporting of Illicit Discharges and Connections — Public Hotline F.5.h Facilitate Disposal of Used Oil and Toxic Materials F.51 Limit Infiltration From Sanitary Sewer to MS4 F.5.a. Illicit Discharges and Connections Each Copermittee shall implement a program to actively seek and eliminate illicit discharges and connections into its MS4. The program shall address all types of illicit discharges and connections excluding those non -storm water discharges not prohibited by the Copermittee in accordance with Section B. of this Order. F.5.b. Dry Weather Analytical Monitoring Each Copermittee shall conduct dry weather analytical monitoring of MS4 outfalls within its jurisdiction to detect illicit discharges and connections in accordance with Attachment E of this Order. F.5.c.Investiaation / Inspection and Follow -Up Each Copermittee shall investigate and inspect any portion of the MS4 that, based on dry weather analytical monitoring results or other appropriate information, indicates a reasonable potential for illicit discharges, illicit connections, or other sources of non -storm water (including non -prohibited discharge(s) identified in Section B. of this Order). Each Copermittee shall establish criteria to identify portions of the system where such follow-up investigations are appropriate. F.5.d. Elimination of Illicit Discharges and Connections Each Copermittee shall eliminate all detected illicit discharges, discharge sources, and connections immediately. Order No. 2001-01 Page 37 of 52 S:ISTORM\SDPERMITSdperm99-01\Permit SOMuniPermit 3.doc February 21, 2001 F.5.e. Enforce Ordinances Each Copermittee shall implement and enforce its ordinances, orders, or other legal authority to prevent illicit discharges and connections to its MS4. Each Copermittee shall also implement and enforce its ordinance, orders, or other legal authority to eliminate detected illicit discharges and connections to it MS4. F.51 Prevent and Respond to Sewage Spills (Including from Private Laterals and Failing Septic Systems) and Other Spills Each Copermittee shall prevent, respond to, contain and dean up all sewage and other spills that may discharge into its MS4 from any source (including private laterals and failing septic systems). Spill response teams shall prevent entry of spills into the MS4 and contamination of surface water, ground water and soil to the maximum extent practicable. Each Copermittee shall coordinate spill prevention, containment and response activities throughout all appropriate departments, programs and agencies to ensure maximum water quality protection at all times. Each Copermittee shall develop and implement a mechanism whereby it is notified of all sewage spills from private laterals and failing septic systems into its MS4. Each Copermittee shall prevent, respond to, contain and clean up sewage from any such notification. F.5.g. Facilitate Public Reporting of Illicit Discharges and Connections - - Public Hotline Each Copermittee shall promote, publicize and facilitate public reporting of illicit discharges or water quality impacts associated with discharges into or from MS4s. Each Copermittee shall facilitate public reporting through development and operation of a public hotline. Public hotlines can be Copermittee-specific or shared by Copermittees. All storm water hotlines shall be capable of receiving reports in both English and Spanish 24 hours per day I seven days per week. Copermittees shall respond to and resolve each reported incident. All reported incidents, and how each was resolved, shall be summarized in each Copermittee's individual Jurisdictional URMP Annual Report. F.5.h. Facilitate Disposal of Used Oil and Toxic Materials Each Copermittee shall facilitate the proper management and disposal of used oil, toxic materials, and other household hazardous wastes. Such facilitation shall include educational activities, public information activities, and establishment of collection sites operated by the Copermittee or a private entity. Curbside collection of household hazardous wastes is encouraged. F.5.i. Umit Infiltration From Sanitary Sewer to MS4/ Provide Preventive Maintenance of Both Each Copermittee shall implement controls and measures to limit infiltration of seepage from municipal sanitary sewers to MS4s through thorough, routine preventive maintenance of the MS4. Each Copermittee that operates both a municipal sanitary sewer system and a MS4 shall implement controls and measures to limit infiltration of seepage from the municipal sanitary sewers to the MS4s that shall include overall sanitary sewer and MS4 surveys and thorough, routine preventive maintenance of both. F.6. Public Participation Component Each Copermittee shall incorporate a mechanism for public participation in the implementation of the Jurisdictional URMP. Order No. 2001-01 Page 38 of 52 SASTORM\SDPERNIMSdperm99-01WemeSDMuniPermit 3.doc F.7. Assessment of Jurisdictional URMP Effectiveness Component a. As part of its individual Jurisdictional URMP, each Copermittee shall develop a long -tens strategy for assessing the effectiveness of its individual Jurisdictional URMP. The long-term assessment strategy shall identify specific direct and indirect measurements that each Copermittee will use to track the longterm progress of its individual Jurisdictional URMP towards achieving improvements in receiving water quality. Methods used for assessing effectiveness shall include the following or their equivalent surveys, pollutant load also discuss ing estimations, and receiving water quality monitoring. The long -tern strategy the role of monitoring data in substantiating or refining the assessment. b. As part of its individual Jurisdictional URMP Annual Report, each Copermittee shall include an assessment of the effectiveness of its Jurisdictional URMP using the direct and indirect assessment measurements and methods developed in its long-term assessment strategy. F.8. Fiscal Analysis Component Each Copermittee shall secure the resources necessary to meet the requirements of this Order. As part of its individual Jurisdictional URMP, each Copermittee shall develop a s ra degy to cond uct a fiscal analysis of its urban runoff management program in its entirety. In sufficient financial resources to implement the conditions of this Order, each Copermittee shall conduct an annual fiscal analysis as part of its individual Jurisdictional URMP Annual Report. This analysis shall, for each fiscal year covered by this Order, evaluate the expenditures (such as capital, operation and maintenance, education, and administrative expenditures) n S�� analysis ry to accomplish the activities of the Copermittee's urban runoff management program. shall include a description of the source(s) of funds that are proposed to meet the necessary expenditures, including legal restrictions on the use of such funds. G. IMPLEMENTATION OF JURISDICTIONAL URMP Each Copermittee shall have completed full implementation of all requirements of the Jurisdictional URMP section of this Order no later than 365 days after adoption of this Order, except as stated as follows: Each Copermittee's local SUSMP must be implemented within 180 days of approval of the model SUSMP in the public process by the SDRWQCB. H. SUBMITTAL OF JURISDICTIONAL URMP DOCUMENT The written account of the overall program to be conducted by each Copermittee within its jurisdiction during the five-year life of this Order is referred to as the "Jurisdictional URMP Document". 1. Individual — Each Copermittee shall submit to the Principal Permittee(s) an individual Jurisdictional URMP document which describes all activities it has undertaken or is undertaking to implement the requirements of each component of the Jurisdictional URMP section F. of this Order. a. At a minimum, the individual Jurisdictional URMP document shall contain the following information for the following components: (1) Construction Component (a) Which pollution prevention methods will be required for implementation, and how and where they will be required (b) Updated grading ordinances (c) A description of the modified construction and grading approval process (d) Updated construction and grading project requirements in local grading and construction permits (e) A completed watershed -based inventory of all construction sites February 21,2001 4`6 Order No. 2001-01 Page 39 of 52 SASTORM\SDPERNIMSdpenn99.011PennidSDMuniPermk 3.doc February 21, 2001 (f) A completed prioritization of all construction sites based on threat to water quality (g) Which BMPs will be implemented, or required to be implemented, for each priority category (h) How BMPs will be implemented, or required to be implemented, for each priority category (i) Planned inspection frequencies for each priority category (j) Methods for inspection (k) A description of enforcement mechanisms and how they will be used (I) A description of how non -compliant sites will be identified and the process for notifying the SDRWQCB, induding a list of current non -compliant sites (m) A description of the construction education program and how it will be implemented (2) Municipal (Existing Development) Component (a) Which pollution prevention methods will be required for implementation, and how and where they will be required (b) A completed watershed -based inventory of all municipal land use areas and activities (c) A completed prioritization of all municipal areas and activities based on threat to water quality (d) Which BMPs will be implemented, or required to be implemented, for each priority category (e) How BMPs will be implemented, or required to be implemented, for each priority category (f) Municipal maintenance activities and schedules (g) Management strategy for pesticides, herbicides, and fertilizer use. (h) Planned inspection frequencies for the high priority category (i) Methods for inspection (j) A description of enforcement mechanisms and how they will be used (3) Industrial (Existing Development) Component (a) Which pollution prevention methods will be required for implementation, and how and where they will be required (b) A completed watershed -based inventory of all industrial sites (c) A completed prioritization of all industrial sites based on threat to water quality (d) Which BMPs will be implemented, or required to be implemented, for each priority category (e) How BMPs will be implemented, or required to be implemented, for each priority category (f) A description of the monitoring program to be conducted, or required to be. conducted (g) Planned inspection frequencies for each priority category (h) Methods for inspection (i) A description of enforcement mechanisms and how they will be used (j) A description of how non -compliant sites will be identified and the process for notifying the SDRWQCB, including a list of current non -compliant sites (4) Commercial (Existing Development) Component (a) Which pollution prevention methods will be required for implementation, and how and where they will be required (b) A completed watershed -based inventory of high priority commercial sites (c) Which BMPs will be implemented, or required to be implemented, for high priority sites (d) How BMPs will be implemented, or required to be implemented, for high priority sites (e) Planned inspection frequencies for high priority sites (f) Methods for inspection Order No. 2001-01 Page 40 of 52 SASTORMISDPERNIMSdperm99-011Permit1SDMuniPermit 3.doc February 21, 2001 (g) A description of enforcement mechanisms and how they will be used (5) Residential (Existing Development) Component (a) Which pollution prevention methods will be encouraged for implementation, and how and where they will be encouraged (b) A completed inventory of high priority residential areas and activities (c) Which BMPs will be implemented, or required to be implemented, for high priority areas and activities (d) How BMPs will be implemented, or required to be implemented, for high priority areas and activities (e) A description of enforcement mechanisms and how they will be used (6) Education Component (a) A description of the content, form, and frequency of education efforts for each target community (7) Illicit Discharges Detection and Elimination Component (a) A description of the program to actively seek and eliminate illicit discharges and connections (b) A description of dry weather analytical monitoring to be conducted to detect illicit discharges and connections (see Attachment E) (c) A description of investigation and inspection procedures to follow-up on dry weather analytical monitoring results or other information which indicate potential for illicit discharges and connections (d) A description of procedures to eliminate detected illicit discharges and connections (e) A description of enforcement mechanisms and how they will be used (f) A description of methods to prevent, respond to, contain, and clean up all sewage (including spills from private laterals and failing septic systems) and other spills in order to prevent entrance into the MS4 (g) A description of the mechanism to receive notification of spills from private laterals (h) A description of efforts to facilitate public reporting of illicit discharges and connections, including a public hotline (i) A description of efforts to facilitate proper disposal of used oil and other toxic materials (j) A description of controls and measures to be implemented to limit infiltration of seepage from sanitary sewers to MS4s (k) A description of routine preventive maintenance activities on the sanitary system (where applicable) and the MS4 (8) Public Participation Component (a) A description of how public participation will be included in the implementation of the Jurisdictional URMP (9) Assessment of Jurisdictional URMP Effectiveness Component (a) A description of strategies to be used for assessing the long-term effectiveness of the individual Jurisdictional URMP. Order No. 2001-01 Page 41 of 52 SASTORMSDPERMITSdperm99-01WenniNS13MuniPermit 3.doc February 21, 2001 (10) Fiscal Analysis Component (a) A description of the strategy to be used to conduct a fiscal analysis of the urban runoff management program. (11) Land -Use Planning for New Development and Redevelopment Component (a) Workplan for inclusion in General Plan (or equivalent plan) of water quality and watershed protection principles and policies (b) Development project requirements in local development permits (c) Participation efforts conducted in the development of the Model SUSMP (d) Environmental review processes revisions (e) A description of the planning education program and how it will be implemented (12) Fire Fighting (a) A description of a program to reduce pollutants from non -emergency fire fighting flows identified by the Copermittee to be significant sources of pollutants. b. Each Copermittee shall submit to the Principal Permittee(s) each part of its individual Jurisdictional URMP document by the dates specified by the Principal Permittee(s). c. In addition to submittal of the Jurisdictional URMP document, each Copermittee shall submit to the SDRWQCB its own adopted local SUSMP consistent with the approved Model SUSMP, as described in section F.1.b.(2). of this Order. Each Copermittee's own local SUSMP, along with its amended ordinances, shall be submitted to the SDRWQCB within 180 days of the SDRWQCB's approval of the Model SUSMP. 2. Unified — The Principal Permittee(s) shall submit the unified Jurisdictional URMP document to the SDRWQCB. The unified Jurisdictional URMP document shall be submitted in two parts (the collected Jurisdictional URMPs and the model SUSMP). The unified Jurisdictional URMP document submittal shall address the requirements of the entire Jurisdictional URMP sections F.1 — F.8. of this Order, with the exception of the local SUSMP requirements (which are to be implemented 180 days after approval of the model SUSMP by the SDRWQCB). The unified Jurisdictional URMP document submittal shall contain a section covering common activities conducted collectively by the Copermittees, to be produced by the Principal Permittee(s), and the twenty individual Jurisdictional URMP documents. The Principal Permittee(s) shah be responsible for the development and production of a stand alone Model SUSMP document meeting the requirements of section F.1.b.(2) of this Order. The Principal Permittee(s) shall submit the unified Jurisdictional URMP document, including the Model SUSMP, to the SDRWQCB within 365 days of adoption of this Order. 3. Universal Reporting Requirements All individual and unified Jurisdictional URMP document submittals shall include an executive summary, introduction, conclusion, recommendations, and signed certified statement. Each Copermittee shall submit its individual Jurisdictional Urban Runoff Management Program Document with a signed certified statement. The Principal Permittee(s) shall submit a signed certified statement referring to its individual Jurisdictional Urban Runoff Management Program Document, the section covering common activities conducted collectively by the Copermittees, and the Model SUSMP document meeting the requirements of section F.1.b.(2) of this Order as produced by the Principal Permittee(s). Order No. 2001-01 Page 42 of 52 S:\STORMISDPERMITSdperm99-01\PermittSDMuniPermit 3.doc February 21, 2001 I. SUBMITTAL OF JURISDICTIONAL URMP ANNUAL REPORT 1. Individual - Each individual Jurisdictional URMP Annual Report shall be a documentation of the activities conducted by each Copermittee during the past annual reporting period. Each Jurisdictional URMP Annual Report shall, at a minimum, contain the following: a. Comprehensive description of all activities conducted by the Copermittee to meet all requirements of each component of the Jurisdictional URMP section of this Order; F.1. Land -Use Planning for New Development and Redevelopment Component F.2. Construction Component F.3. Existing Development Component (Including Municipal, Industrial, Commercial, Residential, and Education) F.4. Education Component F.5. Illicit Discharge Detection and Elimination Component F.6. Public Participation Component F.7. Assessment of Jurisdictional URMP Effectiveness Component F.8. Fiscal Analysis Component b. Each Copermittee's accounting of all: (1) Reports of illicit discharges (i.e., complaints) and how each was resolved (indicating referral source); (2) Inspections conducted; (3) Enforcement actions taken; and (4) Education efforts conducted. c. Public participation mechanisms utilized during the Jurisdictional URMP implementation process; d. Proposed revisions to the Jurisdictional URMP; e. A summary of all urban runoff related data not included in the annual monitoring report (e.g., special investigations); f. Budget for upcoming year; g. Identification of management measures proven to be ineffective in reducing urban runoff pollutants and flow; and h. Identification of water quality improvements or degradation. 2. Unified - The unified Jurisdictional URMP Annual Report shall contain a section covering common activities conducted collectively by the Copermittees, to be produced by the Principal Permittee(s), and the twenty individual Jurisdictional URMP Annual Reports. Each Copermittee shall submit to the Principal Permittee(s) an individual Jurisdictional URMP Annual Report by the date specified by the Principal Permittee(s). The Principal Permittee(s) shall submit a unified Jurisdictional URMP Annual Report to the SDRWQCB by January 31, 2003 and every January 31 thereafter. The reporting period for these annual reports shall be the previous fiscal year. For example, the report submitted January 31, 2003 shall cover the reporting period July 1, 2001 to June 30, 2002. 3. Universal Reporting Requirements All individual and unified Jurisdictional URMP submittals shall include an executive summary, introduction, conclusion, recommendations, and signed certified statement. Each Copermittee shall submit its individual Jurisdictional Urban Runoff Management Program Annual Report with a signed certified statement. The Principal Permittee(s) shall submit a signed certified statement referring to J�J Order No. 2001-01 Page 43 of 52 S:ISTORMISDPERMITSdperm99-011PermitISDMuniPermit 3.doc February 21, 2001 its individual Jurisdictional Urban Runoff Management Program Annual Report and the section covering common activities conducted collectively by the Copermittees as produced by the Principal Permittee(s). J. WATERSHED URBAN RUNOFF MANAGEMENT PROGRAM 1. Each Copermittee shall collaborate with other Copermittees within its watershed(s) as shown in Table 4. below to identify and mitigate the highest priority water quality issues/pollutants in the watershed(s). 2. Each Copermittee shall collaborate with all other Copermittees discharging urban runoff into the same watershed to develop and implement a Watershed Urban Runoff Management Program (Watershed URMP) for the respective watershed. Each Watershed URMP shall, at a minimum contain the following: a. An accurate map of the watershed (preferably in Geographical Information System [GIS] format) that identifies all receiving waters (including the Pacific Ocean); all Clean Water Act section 303(d) impaired receiving waters (including the Pacific Ocean); land uses; MS4s, major highways; jurisdictional boundaries; and inventoried commercial, construction, industrial, municipal sites, and residential areas. b. An assessment of the water quality of all receiving waters in the watershed based upon (1) existing water quality data; and (2) annual watershed water quality monitoring that satisfies the watershed monitoring requirements of Attachment B ; c. An identification and prioritization of major water quality problems in the watershed caused or contributed to by MS4 discharges and the likely source(s) of the problem(s); d. An implementation time schedule of short and long-term recommended activities (individual and collective) needed to address the highest priority water quality problem(s). For this section, "short-term activities" shall mean those activities that are to be completed during the life of this Order and long-term activities" shall mean those activities that are to be completed beyond the life of this Order; e. An identification of the Copermittee(s) responsible for implementing each recommended activity, including the selection of the Lead Permittee(s) and the time schedule for implementation. In the event that a Lead Permittee is not selected and identified by the Copermittees in a watershed, the Copermittee identified in Table 4 as the Lead Permittee for that watershed shall be responsible for implementing the requirements of the Lead Permittee in that watershed by default; f. A mechanism for public participation throughout the entire watershed URMP process; g. A watershed based education program; h. A mechanism to facilitate collaborative "watershed -based" (i.e., natural resource -based) land use planning with neighboring local governments in the watershed. i. Long-term strategy for assessing the effectiveness of the Watershed URMP. The long-term assessment strategy shall identify specific direct and indirect measurements that will track the long-term progress of Watershed URMP towards achieving improvements in receiving water quality. Methods used for assessing effectiveness shall include the following or their equivalent: surveys, pollutant loading estimations, and receiving water quality monitoring. The long-term strategy shall also discuss the role of monitoring data in substantiating or refining the assessment. 53) Order No. 2001-01 Page 44 of 52 SASTORM\SDPERMITSdperm99-01\PenninDMuniPermit 3.doc 1. County of San Diego 1. City of Escondido 2. City of Oceanside 3. City of Vista 4. County of San Diego 1. City of Carlsbad 2. City of Encinitas 3. City of Escondido 4. City of Oceanside 5. City of San Marcos 6. City of Solana Beach 7. City of Vista 8. County of San Diego 1. City of Del Mar 2. City of Escondido 3. City of Poway 4. City of San Diego 5. City of Solana Beach 6. County of San Diego 1. City of Del Mar 2. City of Poway 3. City of San Diego 4. County of San Diego 1. City of San Diego 1. City of El Cajon 2. City of La Mesa 3. City of Poway 4. City of San Diego 5. City of Santee 6. County of San Diego 1. City of Chula Vista 2. City of Coronado 3. City of Imperial Beach 4. City of La Mesa 5. City of Lemon Grove 6. City of National City 7. City of San Diego B. County of San Diego 9. San Diego Unified Port District 1. City of imperial Beach 2. City of San Diego 3. County of San Diego Table 4: Copermittees by Watershed Santa Margarita River San Luis Rey River Carlsbad San Dieguito River Pefiasquitos Mission Bay San Diego River San Diego Bay Tijuana River Santa Margarita HU (902.00) San Luis Rey HU (903.00) Carlsbad HU (904.00) San Dieguito HU (905.00) Miramar Reservoir HA (906.10) Poway HA (906.20) Scripps HA (906.30) Miramar HA(906.40) Tecoiote HA (906.50) San Diego HU (907.00) February 21, 2001 Santa Margarita River and Estuary, Pacific Ocean San Luis Rey River and Estuary, Pacific Ocean Pueblo San Diego HU (908.00) Sweetwater HU (909.00) Otay HU (910.00) Baliquitos Lagoon San Elijo Lagoon Agua Hedionda Lagoon Buena Vista Lagoon and Tributary Streams Pacific Ocean San Dieguito River and Estuary Pacific Ocean Los Pefresquitos Creek Los Pefasquitos Lagoon Pacific Ocean Mission Bay Pacific Ocean San Diego River Pacific Ocean San Diego Bay Sweetwater River Otay River Pacific Ocean Tijuana (911.00) Tijuana River and Estuary Pacific Ocean • The Lead Watershed Copennittee for each watershed is highlighted K. IMPLEMENTATION OF WATERSHED URMP Each Copermittee shall have completed full implementation of all requirements of the Watershed URMP section of this Order no later than January 31, 2003 unless otherwise specified. L. SUBMITTAL OF WATERSHED URMP DOCUMENT The written account of the overall watershed program to be conducted by each Copermittee during the remaining life of this Order is referred to as the "Watershed URMP Document". The Watershed )4 / Order No. 2001-01 Page 45 of 52 S:\STORMSDPERMmSdperm99-01\Permk\SDMuniPermtt 3.doc URMP is conducted concurrently with the Jurisdictional URMP.6 1. Each Watershed Specific URMP document shall state how the member Copermittees within each watershed will develop and implement the requirements of the Watershed URMP section J. of -this Order. The Copermittees responsible for each of the nine Watershed URMPs are specified in Table 4 above. The Lead Watershed Copermittee for each watershed is highlighted, unless a different Lead Watershed Copermittee is designated. Each Lead Watershed Copermittee shall be responsible for producing its respective Watershed URMP document, as well as for coordination and meetings amongst all member watershed Coperritees. Each Lead Watershed Copermittee further responsible for the submittal of the Watershed URMP document to the Principal Permittee(s) by the date specified by the Principal Permittee(s). a. Each Watershed specific URMP document shall include: (1) A completed watershed map (2) A water quality assessment and watershed monitoring needed (3) Prioritization of water quality problems (4) Recommended activities (short and long term) (5) Individual Copermittee implementation responsibilities and time schedules for implementation (6) A description of watershed public participation mechanisms (7) A description of watershed education mechanisms (8) A description of the mechanism and implementation schedule for watershed -based land use planning (9) A strategy for assessing the long-term effectiveness of the Watershed URMP 2. Unified - The unified Watershed URMP document shall contain a section covering common activities conducted collectively by the Copermittees, to be produced by the Principal Permittee(s), and the nine Watershed Specific URMP documents. The Principal Permittee(s) shall submit the unified Watershed URMP document to the SDRWQCB by January 31, 2003. February 21, 2001 3. Universal Reporting Requirements. All individual and unified Watershed URMP submittals shall include an executive summary, introduction, conclusion, recommendations, and signed certified statement. Each Copermittee shall submit a signed certified statement covering its responsibilities in the specific Watershed URMP Document. The Principal Permittee(s) shall submit a signed certified statement referring to its specific Watershed URMP Document and the section covering common activities conducted collectively by the Copermittees as produced by the Principal Permittee(s). M. SUBMITTAL OF WATERSHED URMP ANNUAL REPORT 1. Watershed Specific - Each Watershed Specific URMP Annual Report shall be a documentation of the activities conducted by watershed member Copermittees during the previous annual reporting period to meet the requirements of all components of the Watershed URMP section of this Order. Each Watershed URMP Annual Report shall, at a minimum, contain the following: 6 As each Copermittee transitions from conducting its management program only within its jurisdiction to conducting it also throughout the entire watershed (with neighboring Copermittees), it is expected that many activities will continue on a jurisdictional level (e.g., enforcement of local ordinances and permits). Implementation of the Watershed URMP is not meant to replace, but to expand implementation of the Jurisdictional URMP. For this reason, it is necessary to report management activities on both levels. This can be accomplished either by submitting both a Jurisdictional URMP Annual Report and a Watershed URMP Annual Report or by submitting a single Watershed URMP Annual Report that contains two separate sections (i.e., watershed activities and jurisdictional activities). Information need only be reported once (to the extent something is covered in the Watershed URMP Annual Report, it need not be covered again the Jurisdictional URMP Annual Report); s `Y Order No. 2001-01 Page 46 of 52 February 21, 2001 S:ISTORMISDPERMIiladpenn99-01\PemdflSDMuniPennit 3.doc a. Comprehensive description of all activities conducted by the watershed member Copermittees to meet all requirements of each component of Watershed URMP section J. of this Order b. Public participation mechanisms utilized during the Watershed URMP implementation process; c. Mechanism for watershed based land use planning; d. Assessment of effectiveness of Watershed URMP; e. Proposed revisions to the Watershed URMP; f. A summary of watershed effort related data not included in the annual monitoring report (e.g., special investigations); and g. Identification of water quality improvements or degradation. 2. Unified - The Unified Watershed URMP Annual Report shall contain a section covering common activities conducted collectively by the Copermittees, to be produced by the Principal Permittee(s), and the nine Watershed Specific URMP Annual Reports. Each Lead Watershed Copermittee shall submit to the Principal Permittee(s) a Watershed Specific URMP Annual Report by the date specified by the Principal Permittee(s). The Principal Permittee(s) shall submit the Unified Watershed URMP Annual Report to the SDRWQCB by January 31, 2004 and every January 31 thereafter. The reporting period for these annual reports shall be the previous fiscal year. For example, the report submitted January 31, 2004 shall cover the reporting period July 1, 2002 to June 30, 2003. 3. Universal Reporting Requirements All individual and unified Watershed URMP submittals shall include an executive summary, introduction, conclusion, recommendations, and signed certified statement. Each Copermittee shall submit a signed certified statement covering its responsibilities in the specific Watershed URMP Annual Report. The Principal Permittee(s) shall submit a signed certified statement referring to its specific Watershed URMP Annual Report and the section covering common activities conducted collectively by the Copermittees as produced by the Principal Permittee(s). N. ALL COPERMITTEE COLLABORATION 1. Each Copermittee shall collaborate with all other Copermittees regulated under this Order to address common issues, promote consistency among Jurisdictional Urban Runoff Management Programs (Jurisdictional URMPs) and Watershed Urban Runoff Management Programs (Watershed URMPs), and to plan and coordinate activities required under this Order a. Management Structure - All Copermittees shall jointly execute and submit to the SDRWQCB no later than 365 days after adoption of this Order, a Memorandum of Understanding, Joint Powers Authority, or other instrument of formal agreement which at a minimum provides a management structure for the following: • Designation of Joint Responsibilities • Decision making • Watershed activities; • Information management of data and reports, including the requirements under this Order; and • Any and all other collaborative arrangements for compliance with this Order. b. All Copermittees shall jointly develop a standardized format(s) for all reports required under this Order (e.g., annual reports, monitoring reports, fiscal analysis reports, and program effectiveness reports, etc.). The standardized reporting format(s) shall be used by all Copermittees and shall include protocols for electronic reporting. The Principal Permittee(s) shall submit the standardized format(s) to the SDRWQCB no later than 365 days after �fJ Order No. 2001-01 Page 47 of 52 SASTORMISDPERMnl3dperm99-011PermiNSDMuniPemdt 3.doc February 21, 2001 adoption of this Order. O. PRINCIPAL PERMITTEE RESPONSIBILITIES Within 90 days of adoption of this Order, the Copermittees shall designate the Principal Permittee(s) and notify the SDRWQCB of the name(s) of the Principal Permittee(s). The Principal Permittee(s) may require the Copermittees to reimburse the Principal Permittee(s) for reasonable costs incurred while performing coordination responsibilities and other related tasks. The Principal Permittee(s) shall, at a minimum: 1. Serve as liaison(s) between the Copermittees and the SDRWQCB on general permit issues. 2. Coordinate permit activities among the Copermittees and facilitate collaboration on the development and implementation of programs required under this Order, 3. Integrate individual Copermittee documents and reports required under this Order into single unified documents and reports for submittal to the SDRWQCB as described below. If a reporting date falls on a non -working day or State holiday, then the report is to be submitted on the following working day. a. Unified Jurisdictional URMP Document — The Principal Permittee(s) shall submit the unified Jurisdictional URMP document in its entirety (including the model SUSMP) to the SDRWQCB within 365 days of the adoption of this Order. The Principal Permittee(s) shall be responsible for producing the sections of the unified Jurisdictional URMP document submittals covering common activities conducted by the Copermittees. The Principal Permittee(s) shall be responsible for the development and production of a stand alone Model SUSMP document meeting the requirements of section F.1.b.(2). of this Order. The Principal Permittee(s) shall also be responsible for collecting and assembling the individual Jurisdictional URMP document submittals covering the activities conducted by each individual Copermittee. b. Unified Jurisdictional URMP Annual Reports — The Principal Permittee(s) shall submit unified Jurisdictional URMP Annual Reports to the SDRWQCB by January 31 of each year, beginning on January 31, 2003. The reporting period for these annual reports shall be the previous fiscal year. For example, the report submitted January 31, 2003 shall cover the reporting period July 1, 2001 to June 30, 2002. The Principal Permittee(s) shall be responsible for producing the section of the unified Jurisdictional URMP Annual Reports covering common activities conducted by the Copermittees. The Principal Permittee(s) shall also be responsible for collecting and assembling the individual Jurisdictional URMP Annual Reports covering the activities conducted by each individual Copermittee. c. Unified Watershed URMP Document — The Principal Permittee(s) shall submit the unified Watershed URMP document to the SDRWQCB by January 31, 2003. The Principal Permittee(s) shall be responsible for producing the section of the unified Watershed URMP document covering common activities conducted by the Copermittees. The Principal Permittee(s) shall also be responsible for collecting and assembling the watershed specific Watershed URMP documents covering the activities conducted by each individual Copermittee. d. Unified Watershed URMP Annual Report - The Principal Permittee(s) shall submit unified Watershed URMP Annual Reports to the SDRWQCB by January 31 of each year, beginning on January 31, 2004. The reporting period for these annual reports shall be the previous fiscal year. For example, the report submitted January 3, 2004 shall cover the reporting U4) Order No. 2001-01 Page 48 of 52 SASTORM\SDPERM111Sdperm99-011PermitiSDMuniPermit 3.doc February 21, 2001 period July 1, 2002 to June 30, 2003. The Principal Permittee(s) shall be responsible for producing the section of the unified Watershed URMP Annual Reports covering common activities conducted by the Copermittees. The Principal Permittee(s) shall also be responsible for collecting and assembling the watershed specific Watershed URMP Annual Reports covering the activities conducted by each individual Copermittee. e. Receiving Waters Monitoring and Reporting Program - The Principal Permittee(s) shall be responsible for the production and submittal of the Previous Monitoring and Future Recommendations Report. The report shall be submitted to the SDRWQCB within 180 days of adoption of this Order. f. Receiving Waters Monitoring and Reporting Program - The Principal Permittee(s) shall be responsible for the development and production of the Receiving Waters Monitoring Program as it is outlined in Attachment B. The Principal Permittee(s) shall submit the Receiving Waters Monitoring Program to the SDRWQCB within 180 days of adoption of this Order. g. Receiving Waters Monitoring and Reporting Program - The Principal Permittee(s) shall submit the Receiving Waters Monitoring Annual Report to the SDRWQCB on January 31 of each year, beginning on January 31, 2003. h. Formal Agreements/Standardized Formats - The Principal Permittee(s) shall submit to the SDRWQCB, within 365 days of adoption of this Order, a formal agreement between the Copermittees which provides a management structure for meeting the requirements of this Order (as described in section N.1.a.). The Principal Permittee(s) shall submit to the SDRWQCB, within 365 days of adoption of this Order, standardized formats for all reports and documents required under this Order. i. Dry Weather Analytical Monitoring - The Principal Permittee(s) shall collectively submit the Copermittees' dry weather analytical monitoring maps and procedures to the SDRWQCB within 365 days of adoption of this Order. P. RECEIVING WATERS MONITORING AND REPORTING PROGRAM 1. Pursuant to California Water Code section 13267, each Copermittee shall comply with Monitoring and Reporting Program for No. 2001-01 contained in Attachment B of this Order. 2. Each Copermittee shall also comply with standard provisions, reporting requirements, and notifications contained in Attachment C of this Order. Q. TASKS AND SUBMITTAL SUMMARY The tasks and submittals required under this Order are summarized in Tables 5 and 6 below: Table 5. Task Summary 7 t` i %"'�+3- '-'.� '�e`",'_. �..:'.5' 'iAr3 !Si. _ 4,-+s 8.3. - LCaF I 365 days after adoption of Order 1.4. One Time 1 Identify discharges not to be prohibited and BMPs required for treatment bf discharges not prohibited 2 / Emm ine field screening results to identify water quality problems resulting from non - prohibited non -storm water discharges, 8.5 January 31, 2003 Annually 3 Notify SDRWQCB of discharges causing or contributing to an exceedance of water quality standards C.2.a. Immediate As Needed Order No. 2001-01 Page 49 of 52 SASTORMSDPERMIT1Sdperm99-011PermiftSDNIuniPermft 3.doc February 21, 2001 4 5 6 . 7 8 9 10 11 12 Establish adequate legal authority to control 0.1. pollutant discharges into and from MS4 Assess General Plan to incorporate water quality and watershed protection principles Include Development Project Requirements in local permits Develop Model SUSMP Develop and adopt individual local SUSMP and amended ordinances Implement individual jurisdictional SUSMP Revise environmental review processes Conduct education program for municipal planning and development review staff, project applicants, developers. contractors, community planning groups, and property owners F.1.a. F.1.b.(1). F.1.b.(2). F.1.b.(2). F.1.b.(2)., F.1.c.(1). F.1.d.(1). And F.1.d.(2). Implement all requirements of Construction F.2.a. — F24. 180 days after One Time adoption of Order 165 days after One Time adoption of Order „- - 365 days after One lime adoption of Order 365 days after One Time adoption of Order 180 days after One Time -approval of Model SUSMP by SDRWQCB 180 days after Continuous approval of Model SUSMP by SDRWQCB 365 days after One lime adoption of Order 365 days after Ongoing adoption of Order 365 days after of Order Ongoing 13 Notify SDRWQCB of non-compliarit construction sites that pose a threat to human or environmental health F.2.i Within 24 Was of discovery of As Needed noncompliance 14 Implement all requirements of Municipal Existing Development Component of Jurisdictional URMP - \ F.3.a.(1). — F.3.a.(8). 365 days after adoption of Order Ongoing 15 Implement all requirements of Industrial Existing Development Component of r Krikclittional-UFtr) F.3.b.(1) — F.3.b.(8) 365 days after adoption of Order , Ongoing 16 . -Notify-SbRWCtiCB of non -compliant industrial sites that pose a threat to human or environmental health F.3.b.8 Within 24 hours of discovery of noncompliance As Needed 17 Implement all requirements of Commercial Existing Development Component of Jurisdictional URMP F.3.c.(1)— F.3.c.(5) 365 days after adoption of Order Ongoing 18 Implement all requirements of Residential Existing Development Component of Jurisdictional URMP F.3.d.(1) — F.3.d.(4) 365 days after adoption of Order . Ongoing 19 Implement all requirements of Education Component of Jurisdictional URMP F.4.a. — F.4.c. 365 days after adoption of Order' Ongoing 20 Implement all requirements of Illicit Discharge Detection and Elimination Component of Jurisdictional URMP F.5.a. — F.5.i. 365, days after adoption of Older Ongoing 21 Implement all requirements of Public Participation Component of Jurisdictional URMP F.6. 365 days after adoption of Order Ongoing 22 Develop strategy for assessment of ' Jurisdictional URMP effectiveness F.7.a. '365 days after adoption of Order-- One lime 23 Assess Jurisdictional URMP-effectiveness F.7.b. January 31, 2003 Annually 24 Develop stratelgy for fiscal analysis of urban runoff management program F.B. 365 days after adoption of Order One lime 25 Conduct fiscal analysis of urban runoff management program in enWety F.8. January 31, 2003 Annually 26 Develop and implement Wetemhed URMP) J.2. (clanTot.31,2--0-03) Ongoing 27 Execute formal agreement which provid management structure for meeting Order requirements N.1.a. 365 daWaffer- adoption of Order One Time 28 Develop standardized formats for all required reports of this Order N.1.b. 365 days after adoption of Order One lime 29 Develop Previous Monitoring and Future Recommendations Report Attachment B 180 days after adoption of Order One Time 30 Develop Receiving Waters Monitoring Program Attachment B 180 days after adoption of Order One lime sl) Order No. 2001-01 Page 50 of 52 S:ISTORMISDPERMITtedperm99-0192erm1tSDMuniPermit 3.doc 31 32 33 34 Implement Receiving Waters Monitoring Attachment B Program field screening monitoring map and procedures Notify SDRWQCB of any incidence of non- compliance that Designate Principal Permittee(s) and notify Develop dry weather analytical andAttachment E roures Conduct dry weather analytical and field Attachment E screening monitoring Complete NPDES applications for issuance of renewal watershed based permits 35 with this Orderposes a threat to human or environmental health. 36 SDRWQCB 1 2 3 4 5 6 7 February 21, 2001 180 days after Continuous adoption of Order 365 days after One Time adoption of Order At least 180 days May 1, 2002 Attachment C prior to e of Order R.1, B.6 of Attachment C Within 24 hours of discovery of non- compliance O. 90 days after the of Order Table 6. Submittal Summary Submit Identification of discharges not to be B.3. prohibited and BMPs required for treatment of discharges not prohibited Report on discharges causing orcontributing C.2.a. to an exceedance of water quality standards, including description of BMP implementation Submit Certified Statement of Adequate D.2. Legal Authority Submit certified statement if particular high F.2.g.(2). priority construction sites are to be inspected monthly rather than weekly in the rainy season Submit report on non -compliant construction F.2.i. sites that pose a threat to human or environmental health. Submit report on non -compliant industrial F.3.b.8. sites that pose a threat to human or environmental health. Submit to Principal Pemiittee(s) individual H.1.a. Jurisdictional URMP document covering requirements for all Components !This space reserved). Annually One Time As Needed One Time 365 days after One Time adoption of Order With individual As Needed Jurisdictional URMP Annual Reports 180 days after One Time adoption of Order 365 days after As Needed adoption of Order and as needed thereafter Within 5 Days of As Needed discovery of non- compliance Within 5 days of As Needed discovery of non compliance Prior to 365 days One Time after adoption of Order (Principal Permittee(s) specifies date of submittal) 9 Principal Permittee(s) shall submit to SDRWQCB unified Jurisdictional URMP document covering requirements for all H.2.a. adoptionoGays of Order �,. „, 1G 10 (This space reserved). 11 Submit to SDRWQCB local SUSMP and amended ordinances F.1.b.(2). and H.1.d. 180 days after approval of Model SUSMP One Time 12 Submit to Principal Permittee(s) individual Jurisdictional URMP Annual Report 1.1. Prior to January 31,�._ 2003 (Principal , Permittee(s) specifies date of submittal) Annually 13 Principal Pennittee(s) shall submit 1st unified Jurisdictional URMP Annual Report 1.2. January 31, 2003 - One Time and Annually Thereafter 14 Submit to Principal Permittee(s) Watershed Specific URMP document L.1. Prior to January 31, 2003 (Principal Permittee(s) specifies date of One Time Order No. 2001-01 Page 51 of 52 S:ISTORMISDPERMIT1Sdperm99-01\Permit%SDMunIPermit 3.doc February 21, 2001 submittal) 15 Principal Permittee(s) shall submit unified Watershed Specific URMP document to SDRWQCB L.2. January 31, 2003 One Time 16 Principal Permittee(s) shall submit 2nd unified Jurisdictional URMP Annual Report to SDRWQCB 1.2. January 31, 2004 One lime 17 Submit to Principal Permittee(s) Watershed Specific URMP Annual Report M.1. Prior to January 31, 2004 (Principal Permittee(s) specifies date of submittal) Annually 18 Principal Permittee(s) shall submit 1st unified Watershed Specific URMP Annual Report to SDRWQCB M.2. January 31, 2004 One lime and Annually Thereafter 19 Principal Permittee(s) shall submit 3rd unified Jurisdictional URMP Annual Report to SDRWQCB 1.2. January 31, 2005 One Time 20 Principal Permittee(s) shall submit 2n0 unified Watershed Specific URMP Annual Report to SDRWQCB M.2. January 31, 2005 One Time 21 Principal Permittee(s) shall submit 41° unified Jurisdictional URMP Annual Report to SDRWQCB 12. January 31, 2006 One Time 22 Principal Penmittee(s) shall submit 3m unified Watershed Specific URMP Annual Report to SDRWQCB M.2. January 31, 2006 One Time 23 Principal Permittee(s) shall submit r unified Jurisdictional URMP Annual Report to SDRWQCB 1.2. January 31, 2007 One Time 24 Principal Permittee(s) shall submit formal agreement between Copermittees which provides management structure for meeting Order requirements N.1.a. 365 days after adoption of Order One Time 25 Principal Permittee(s) shall submit standardized formats for all reports required under this Order N.1.b. 365 days after adoption of Order One lime 26 Principal Permittee(s) submits Previous Monitoring and Future Recommendations Report to SDRWQCB Attachment B 180 days after adoption of Order One lime 27 Principal Permittee(s) submits Receiving Waters Monitoring Program document to SDRWQCB Attachment B 180 days after adoption of Order One Time 28 Principal Permittee(s) submits Receiving Waters Monitoring Annual Report to SDRWQCB Attachment B January 31, 2003 Annually 29 Submit to Principal Permittee(s) dry weather analytical monitoring map and procedures Attachment E Prior to 365 days after adoption of Order One lime 30 Principal Permittee(s) submits collective dry weather analytical monitoring maps and procedures Attachment E 365 days after adoption of Order One Time 31 Submit to Principal Penmittee(s) dry weather analytical monitoring results as part of individual Jurisdictional URMP Annual Report Attachment E Prior to January 31, 2003, as part of individual Jurisdictional URMP Annual Report Annually 32 Principal 'Permittee(s) shall submit NPDES applications for issuance of renewal watershed based permits Attachment C At least 180 days prior to expiration of this Order One Time 33 Submit reports of any incidence of non- compliance with this Order that poses a threat to human or environmental health_ R.1, B.6 of Attachment C Within 5 days of discovery of non compliance As Needed Order No. 2001-01 Page 52 of 52 S:ISTORMISDPERMITSdperm99-011PennitlSDMunlPermit 3.doc February 21, 2001 R. STANDARD PROVISIONS, REPORTING REQUIREMENTS AND NOTIFICATIONS 1. Each Copentttee shall comply with Standard Provisions, Reporting Requirements, and Notifications contained in Attachment C of this Order. This includes 24 hour/5day reporting requirements for any instance of non-compliance with this Order as described in section B.6 of Attachment C. 2. All plans, reports and subsequent amendments submitted in compliance with this Order shall be implemented immediately (or as otherwise specified) and shall be an enforceable part of this Order upon submission to the SDRWQCB. All submittals by Copermittees must be adequate to implement the requirements of this Order. i, John H. Robertus, Executive Officer, do hereby certify the foregoing is a full, true, and correct copy of an Order adopted by the California Regional Water Quality Control Board, San Diego Region, on February 21, 2001. John H. Robertus Executive Officer City of National City, California COUNCIL AGENDA STATEMENT /EETING DATE h7avember 20E_ 2001 AGENDA ITEM NO. 7 ITEM TITLE WARRANT REGISTER #19 PREPARED BY C. Palazo EXPLANATION DEPARTMENT Finance Ratification of Warrant Register #19 per Government Section Code 37208. CEnvironmental Review N/A Financial Statement Not applicable. (STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $313,493.88. Approved By: Fi ;1 ce Dire s . r Account No. BOARD / COMMISSION R COMME DATION ijoietw ATTACHMENTS ( Listed Below ) T. Warrant Register #19 2. Workers Comp Warrant Register dated 10/31/01 Resolution No. A-200 (9:99) City of National City, California COUNCIL AGENDA STATEMENT FETING DATE November 20, 2001 AGENDA ITEM NO. 8 ITEM TITLE WARRANT REGISTER #20 PREPARED BY C. Palazo EXPLANATION DEPARTMENT Finance Ratification of Warrant Register #20 per Government Section Code 37208. CEnvironmental Review N/A Financial Statement Not applicable. Approved By:/�/%� Roam- Dir ctor Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $1,083,912.95. BOARD / COMMISSION FtECOMMENDATION Cfilctxi:.,c�cn<x ATTACHMENTS ( Listed Below ) 1. Warrant Register #20 2. Workers Comp Wan -ant Register dated 11/07/01 3. Payroll Warrant Register dated 11/07/01 Resolution No. A-200 (9,:99) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE November 20, 2001 AGENDA ITEM NO. 9 ITEM TITLE A Resolution of the City Council of the City of National City authorizing the filing of an impartial analysis and written arguments relating to Library Bond Election, requesting County Services, and adding statement to Bond Measure PREPARED By Michael R. Dalrit DEPARTMENT City Clerk EXPLANATION This Resolution satisfies various requirements pertaining to the Special Municipal Election to be held on March 5, 2002. Please note that while rebuttal arguments are permitted at the discretion of the City Council, past practice has been to only have arguments for and against a City ballot measure. This Resolution continues with past practice. (-Environmental Review N/A Financial Statement N/A >STAFF RECOMMENDATION Account No. Approve the Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 2001-178 Resolution A-200 (9/80) RESOLUTION NO. 2001 - 178 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE FILING OF AN IMPARTIAL ANALYSIS AND WRIYIbN ARGUMENTS RELATING TO LIBRARY BOND ELECTION, REQUESTING COUNTY SERVICES, AND ADDING STATEMENT TO BOND MEASURE WHEREAS, the City Council has passed its Ordinance entitled "Ordinance of the City Council of the City of National City Ordering the Submission of a Proposition of Incurring Bonded Debt for the Purpose of the Acquisition, Construction and Completion of a New City Library to the Qualified Voters of the City of National City at the Special Municipal Election to be held on March 5, 2002" (the "Ordinance"); and WHEREAS, the City Council desires that the election called under the Ordinance be consolidated with any other election to occur on March 5, 2002, in the territory of the City and that said proposition be included on the ballot for said election; and WHEREAS, Section 9280 of the California Elections Code authorizes the filing of an impartial analysis and Sections 9281-9283 of said Code authorize the filing of written arguments for or against any ballot proposition; and WHEREAS, Section 53410 et seq. of the Government Code requires that certain "Bond Accountability" provisions be added to the bond measure approved by the Ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, AS FOLLOWS: Section 1, Request to County to Conduct Election. The Board of Supervisors of the County of San Diego and the San Diego County Registrar of Voters, are hereby requested and authorized to properly and lawfully hold and conduct a municipal election in the City on March 5, 2002, pursuant to the Ordinance, including but not restricted to the providing and printing of ballots and polling place cards, election supplies, voting booths, flags, registration lists and any other materials and services required to lawfully conduct the election. Section 2. Authorization to File Written Argument. The Mayor and City Council, or their designee, are hereby authorized to prepare and file a written argument for the proposition to be submitted at said municipal election. All written arguments for or against the proposition shall not exceed 300 works in length and shall otherwise conform to and comply with all applicable provisions of the California Elections Code. The deadline date for the submittal of arguments, in favor or in opposition, shall be as required by the City Clerk under Section 9286 of the California Elections Code. Resolution No. 2001 — 178 November 20, 2001 Page Two Section 3. City Attorney's Impartial Analysis. The City Clerk is hereby directed to submit to the City Attorney a certified copy of the Ordinance. The City Attorney is hereby authorized and directed to prepare an impartial analysis of the proposition specified in the Ordinance showing the effect of the measure on the existing law and the operation of the measure, said analysis to be submitted by the City Attorney to the City Clerk for printing before the arguments for and against the measure. The analysis shall not exceed 500 words in length and shall otherwise comply in all respects with the applicable provisions of the California Elections Code. The deadline date for submittal of the analysis shall be as required by the City Clerk. Section 4. Consolidation; Manner of Conducting Election. The bond election hereby called for March 5, 2002, is hereby ordered consolidated with any other election to be held within the City on said date. The election shall be held and conducted, election officers appointed, voting precincts designated, ballots printed, polls opened and closed, ballots counted, and returned, returns canvassed, results declared, and all other proceedings incidental to and connected with the election shall be regulated and done in accordance with the provisions of law regulating the election as specified herein. The Board of Supervisors of San Diego County and the San Diego County Registrar of Voters, are hereby requested to order the consolidation of the municipal election hereby called with any other election to be held within the City on said date and that said election be held in all respects as if there were only one election. Section 5. Consolidation; Cost. The City of National City recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any such costs. Section 6. Accountability Requirements. In accordance with Sections 53410 and 53411 of the California Government Code, the City Council hereby approves the following language for inclusion in the full text of the bond measure to be printed in the voter pamphlet to be distributed to the registered voters in the City: Statement to be included in City of National City Library Bond Measure: As required by Section 53410 of the Government Code, the following accountability measures are hereby made a part of the City of National City's Library Bond Measure approved in the Ordinance (the "Measure"): a) The specific purpose of the bonds is to enable the City to qualify for matching funds provided by the State of California to build a new City library, with adequate space for books, children's reading programs, homework assistance, after -school programs, adult literacy programs and services for seniors; Resolution No. 2001 -178 November 20, 2001 Page Three b) The proceeds from the sale of the City's bonds will be used only for the purposes specified in the Measure, and not for any other purpose; c) The proceeds of the Bonds will be deposited into a Project Fund to be held by the City Treasurer; and d) The Treasurer of the City shall file an annual report with the City Council of the City, commencing not later than January 1, 2003, and annually thereafter, which report shall contain pertinent information regarding the amount of funds collected and expended, as well as the status of the library project specified in the Measure. Section 6. Effective Date. This Resolution shall be effective upon its adoption. PASSED and ADOPTED this 20th day of November, 2001. George H. Waters, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, C$lifornia COUNCIL AGENDA STATEMENT MEETING DATE` . November 20, 2001 AGENDA ITEM NO. 10 ITEM TITLEORDINANCE AMENDING NATIONAL CITY MUNICIPAL CODE CHAPTERS 9.32 (ADVERTISING DISPLAYS BORDERING FREEWAYS), 18.04 (DEFINITIONS), 18.16 (COMMERCIAL ZONES), 18.62 (SIGNS AND OUTDOOR ADVERTISING DISPLAYS), AND 18.92 (OUTDOOR DISPLAY OR SALE OF MERCHANDISE) CASE FILE NO. A-2001-3 PREPARED BySteve Ray DEPARTMENT EXPLANATION A separate agenda item addresses the public hearing for the changes covered in the proposed ordinance. Planning Environmental Review X N/A Financial Statement N/A Account No. STAFF RECOMMENDATION Rea, Adopt the proposed ordinance. BOARD / COMMISSION RECOMMENDATION N/A 1AprOACNTS c�Listed Below ) Po ,MEN Resolution No. A-200 (9/80) ORDINANCE NO. 2001 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING NATIONAL CITY MUNICIPAL CODE CHAPTERS 9.32 (ADVERTISING DISPLAYS BORDERING FREEWAYS), 18.04 (DEFINITIONS), 18.16 (COMMERCIAL ZONES), 18.62 (SIGNS AND OUTDOOR ADVERTISING DISPLAYS), AND 18.92 (OUTDOOR DISPLAY OR SALE OF MERCHANDISE) BE IT ORDAINED by the City Council of the City of National City that the National City Municipal Code is hereby amended to read as follows: Section 1. That Chapter 9.32 is amended by changing the title of said Chapter to "Advertising Displays Bordering Freeways". Section 2. That Chapter 9.32 is amended by repealing Section 9.32.030. Section 3. That Title 18, Chapter 18.04 is amended by repealing sections 18.04.602 and 18.04.604. Section 4. That Title 18, Chapter 18.16, Section 18.16.195 is hereby amended to read as follows: 18.16.195 Markets that sell seafood. Markets that sell fresh or frozen seafood that are less than twenty-five thousand square feet in area shall be located a minimum distance of three hundred feet from any residentially zoned properties. A conditional use permit shall be required for all markets that sell fresh or frozen seafood. This section shall not apply to manufacturers' prepackaged frozen products. Section 5. That Title 18, Chapter 18.62 is amended in its entirety to read as follows: Sections: CHAPTER 18.62 SIGNS AND OUTDOOR ADVERTISING DISPLAYS 18.62.010 Purpose and intent 18.62.020 Unlawful display of signs or banners —Prohibited 18.62.030 Definitions 18.62.040 Site Plan Review required 1 Amending Titles 9 and 18 18.62.050 Design 18.62.060 Uniform Building, Electrical and Mechanical Code compliance required 18.62.070 Maintenance 18.62.080 Removal from abandoned site or building 18.62.090 Signs permitted in all zones 18.62.100 Flags and banners —Regulated 18.62.110 Large permanent signs in Commercial, manufacturing and institutional zones 18.62.120 Large permanent signs in shopping centers 18.62.130 Small permanent signs in commercial, manufacturing and institutional _zones 18.62.140 Pole -mounted signs in commercial and manufacturing zones 18.62.150 Roof -mounted signs in commercial and manufacturing zones 18.62.160 Revolving signs in commercial and manufacturing zones 18.62.170 Small temporary window signs in commercial and manufacturing zones 18.62.180 Projecting signs in commercial and manufacturing zones 18.62.190 Signs for churches 18.62.200 Mural -type signs in commercial zones 18.62.210 Signs prohibited in all zones 18.62.220 Nonconforming signs 18.62.230 Constitutional severability 18.62.010 Purpose and intent. The purpose and intent of this chapter is to: A. Aid in the identification of properties, land uses and enterprises; B. Improve traffic safety by reducing visual distractions and physical obstructions and hazards; C. Enhance the general appearance and aesthetics of the urban environment; and D. Protect the natural beauty of the city's open space. 18.62.020 Unlawful display of signs and banners —Prohibited. A. Except as provided in this Chapter 18.62, it is unlawful for any person or entity to install, maintain or allow the installation or maintenance of a sign or banner as defined in this chapter in any zone. B. The reference to a specific prohibition in this Section 18.62.020 shall not affect the validity and effect of the general prohibition set forth in Section 18.02.080 or its. application regulating the uses of property outlined throughout the remainder of Title 18 of the National City Municipal Code, nor shall it affect chapter 10.54 prohibiting the maintenance of graffiti as a public nuisance. C. Chapter 18.62 Omit not apply to any governmental agency or to any regulatory sign prescribed or required by federal or state law or local ordinance. D. Nothing in this Chapter is intended to authorize the installation of a sign or banner without the permission of the owner or occupant of that property. 2 Amending Titles 9 and 18 E. Within this chapter, all regulations shall refer and apply only to "on -site" displays of signs and banners. When a regulation is made applicable to an "off -site" display, it . shall be so designated. Unless so designated, off -site displays are prohibited. 18.62.030 Definitions. As used in this Chapter, and in addition to the definitions in chapter 18.04, the following definitions or concepts shall be applicable: A. "Banner" is any flexible material, such as cloth, plastic, vinyl, paper, cardboard or thin metal, with or without a "message", attached outdoors to a building, structure or mounting device, or attached indoors to a building, structure or mounting device so as to be "visible from the exterior" of a building or structure. The term "banner" includes a "pennant", "flag" or "bunting". B. "Bunting" is a form of "banner" that is typically presented and displayed in a folded or gathered 'fashion or combination. It may include a display in combination with a "flag" or "banner". Depending on the format of the display, the term may be synonymous with "banner" C. "Business premises" refers to specific business occupancy within a building or upon a parcel of land, typically having a specific address and discrete entrance(s) and exit(s) so as to maintain a specific business identity and location. D. "Changeable copy sign" refers to a sign displaying a "message" that is changed by means of moveable letters, slats, lights, light emitting diodes or moveable background material. E. "Directional sign" is any individual sign used to provide directions to pedestrians and vehicular traffic. It shall not include a grouping or mosaic of individual signs that are arranged in such a manner as to constitute a larger sign F. "Flag" is a form of "banner" that is mounted and displayed outdoors on a pole. G. "Frontage," when used as a measurement reference of a building or business premises, shall refer to the distance between the two most distant corners of a building measured in a straight line along the building face bordering the adjoining street. See Section 18.04.260 pertaining to "frontage" when made applicable to a parcel of land. It shall also refer to the elevation of a building that abuts or adjoins a private or public right of way or parking lot. H. "Height". The distance measured vertically from grade to the highest point or portion of the object to be measured or height limited. I. "Illuminated sign" means a sign whose message is made readable by internal or external lights or light emitting diodes, typically during hours of darkness. J. "Install" or "installation" includes but is not limited to the act by which a "sign" is constructed or placed on land or a structure, or the act of attaching, painting, printing, producing or reproducing, or using any other method or process by which a visual message is presented or placed upon a surface. K. "Message" meansany foam of visual conununication presented on any type of media. It is not material whether the communication has any logical, practical, literary or artistic significance or not. It includes any form or combination of letters, graphics, symbols or designs. The term is not intended to include mono -color paint applied to the exterior, trim, fascia, or other architectural elements of a building for protection against the elements. 3 Amending Tides 9 and 18 L. "Mural" or "mural -type sign" means a sign painted on the exterior wall of a building consisting of graphics or images, either alone or in combination with letters. M. "Off -site" or "Off -site sign" refers to a sign or banner that promotes or advertises goods, services or activities located or offered on a business premises or parcel that is separate from the parcel where the sign is located, even if the two sites or parcels are contiguous to each other. N. "On -site" or "on -site sign" refers to a sign or banner that promotes or advertises goods, services or activity located or offered on the business premises or parcel of property where the sign is located. O. "Outdoors" means a location on undeveloped property or to the exterior of a building or structure. P. "Outdoor advertising" refers to the placement of a message on signs or banners located "outdoors", or located indoors in a manner such that the message is "visible from the exterior" of a building or structure. Q. "Parcels" or "property" or similar references or descriptions shall refer to parcels defined or delineated by Assessor Parcel Numbers maintained by the County Tax Assessor or as defined by Sections 18.04.476 and 18.04.386 of this Code. R. "Pennant" is a banner with three sides. S. "Permanent sign" means a sign that is solidly attached to a building, structure or the ground by means of mounting brackets, bolts, welds or other combination of attachment methods, thereby rendering the sign non -moveable or difficult to reposition without the use of machinery, cutting devices or mechanical devices. See also "temporary sign". T. "Political sign" for the purposes of this Chapter means and is limited to refer only to a sign associated with a candidacy to an elected office or a ballot measure to be decided at a specific election. It does not pertain to any other type of message or commentary of political or social expression or nature. U. "Projecting sign" is any sign which projects. beyond a building face and uses a wall or vertical element of a building as its main source of support. A projecting sign includes a double-faced sign that is installed more or less perpendicular to the face of a building so as to allow a message to be viewable from either side. A projecting sign does not include signs that are installed along the face of a building and that are completely attached to the face of a building. V. "Shopping Center" shall mean a group of commercial buildings as defined in section 18.04.596. W. "Sign" as used in this Chapter 18.62, shall generically refer to any medium through which a "message" is conveyed which is placed "outdoors" in any zone or is "visible to the exterior" of a commercial or industrial building or structure. It shall include a "banner" and any of the following: (a) Any "advertising display" defined in Section 9.32.010. (b) Any "message" painted, printed or otherwise produced or affixed on or to: (1) The exterior of a building or structure; or (2) A rigid or semi -rigid material or surface, such as wood, metal or plastic, attached to a building, structure or pole, or which is itself free-standing; or 4 Amending Titles 9 and 18 (3) An inflatable balloon or other three-dimensional object that is tethered or fastened to a building, structure, pole or the ground. X. "Temporary sign" means a sign that is easily moveable and which is not attached to a building, structure or the ground in such a manner as to be rendered a "permanent sign". Y. "Visible to the exterior" refers to the placement of a sign or banner within the interior first eight feet of a commercial or industrial building or structure in such a manner so that it or its message is readily visible on an immediately contiguous public right-of-way, parking lot or parcel. To be visible does not require that the message be understandable or readable. 18.62.040 Site Plan Review required. A. Except as exempted in Section 18.62.040B, signs allowed by this chapter may not be installed until a site plan review is conducted (see Chapter 18.128), and a finding of compliance with the design criteria in Appendix A of the National City Land Use Code by the Planning Director is completed. Signs that are not consistent with the design criteria outlined in Appendix A of the National City Land Use Code may not be installed. This determination may be appealed pursuant to the provisions of Chapter 18.128, and Sections 18.134.010 and 18.034.020. B. Site plan review shall be limited to considerations of the location, installation or placement, size, public safety and sight distance, view blockage, and comparable matters, and not to the content of the message conveyed by the sign or banner, except when the publication of such message is unlawful. C. Site Plan review is not required for signs allowed by Sections 18.62.090, 18.62.100 and 18.62.170. 18.62.050 Design. The design of all signs shall comply with the design guidelines described in Appendix A of the National City Land Use Code, "Standards for On -Premises Signs." It shall be the duty of the Planning Commission to interpret these guidelines in the manner prescribed in Section 18.134.020. 18.62.060 Uniform Building, Electrical and Mechanical Code compliance required. No sign shall be installed that does not comply with the applicable Uniform Building, Mechanical and Electrical Codes adopted by the City. Permits for installation shall be obtained, when required, prior to any installation, from the director of Building and Safety. 18.62.070 Maintenance. All signs and their supporting structures and components shall be maintained in a state of safe condition and good repair. Signs shall be "face washed" at least once a year. Electrically energized components must bear the seal of approval of an approved testing laboratory. Broken faces and burned -out lamps, bulbs or tubes must be replaced within thirty days from the date of notification from the City. 18.62.080 Removal from abandoned site or building. When the use of any parcel or building is vacated, terminated or abandoned for any reason for a period of more than one hundred twenty (120) consecutive days, the owner or person in possession of the property shall be responsible for the physical removal of all signs on the property, building or wall(s), and 5 Amending Titles 9 and 18 • for painting over the surface so as to obliterate any painted or printed signs on the building so that the copy is not visible, within thirty (30) days following notice from the City. Removal, painting out or obliteration shall be performed in a manner that does not create a blighting influence. 18.62.090 Signs permitted in all zones. The following signs shall be permitted in all zones. Site Plan Review pursuant to Section 18.62.040 shall not be required. A. Temporary signs on construction sites having the following specifications shall be permitted in all zones: 1. The maximum total area for signs at residential construction projects shall be twenty square feet. 2. The maximum area of signage at other construction projects shall be fifty square feet. 3.. All signs must be removed prior to and as a condition of the fmal inspection and approval of the project. B. A maximum of two (2) temporary real estate signs for the sale or lease of property may be installed on developed or undeveloped property in all zones, with the following requirements and specifications for the sign: 1. The maximum area of signage allowed per parcel per street frontage in commercial and industrial zones shall be a total of fifty (50) square feet. 2. The maximum area of signage allowed per parcel per street frontage in residential zones is six (6) square feet. 3. Signs shall be unlighted only. 4. Signs shall be removed within seven (7) days following the lease or sale of the premises on which the sign is displayed, C. Temporary off -site signs pertaining to and in connection with the sale or leasing of housing, business, and industrial subdivisions within the City shall be permitted in all zones, subject to the following requirements: 1. The maximum area of all signs shall be limited to one hundred square feet. 2. Signs shall not be located within required setback areas. 3. Any message on signs located within six hundred sixty feet (660') of any freeway shall not be oriented towards or viewable from a freeway. 4. Signs shall be unlighted only; reflective or fluorescent materials or exterior coatings shall not be used. 5. Signs shall be not installed for more than 180 days. D. One identification sign not exceeding one hundred square feet, or two identification signs not exceeding fifty square feet each shall be permitted for multi -family dwellings and apartments, clubs, lodges, and similar uses. E. Political signs are allowed in all zones, subject to the following provisions: 1. No political sign shall be placed on the public right-of-way, streets or sidewalks or on public property or structures. If a sign is placed on the public right-of-way, on public property or a public structure, the Director of Public Works shall remove the sign and assess a charge for removal to the person or entity responsible for the placement of the sign, or on whose behalf the sign was placed. 6 Amending Tides 9 and 18 2. Messages on signs located within six hundred sixty feet (660') of a freeway shall not be oriented towards or viewable from a freeway. 3. All political signs shall be removed no later than seven days following the corresponding election. 4. Individual signs shall not exceed thirty-two square feet in size. F. Directional signs which do not exceed three (3) square feet in size per sign. G. Temporary on -site or off -site signs including inflatable displays advertising special events which have been permitted under Chapter 15.60, may be allowed in all zones no earlier than thirty (30) days before and no later than five (5) days after the event. H. The display on any parcel of any single sign, flag or banner that is less than six (6) square feet in area, except that if a home occupation permit has been issued for a residential parcel, this exemption shall not apply and that property shall be subject to all the requirements of this chapter. I. Other signs that the Planning Commission determines to be consistent with the purpose and intent of this chapter shall be allowed. 18.62.100 Flags and banners —Regulated. A. Flags and banners may be displayed on automobile sales lots without time limitation or site plan review provided that: 1. The displays are properly maintained; 2. Displays are limited to the perimeter of the lot; 3. Displays do not exceed a height of twenty-five feet above the ground. B. Flags and banners may be displayed on other commercial and industrial uses for a cumulative period of sixty (60) days within each calendar year. The time limit commences when a banner permit is issued by the Planning Director. The sixty-day period may be divided into two occasions per calendar year, provided the total display time does not exceed sixty (60) days per calendar year. A banner permit fee and an administrative fee in an amount representing the anticipated City enforcement costs in causing the applicant to remove flags or banners shall be paid to the City Treasurer at the time of application for site plan review. The administrative fee shall be refunded upon the verified removal of the flag or banner by the specified deadline. C. The following shall apply to all displays of flags and banners: 1. Flags and banners must be removed by the owner or occupant within fifteen (15) days after a detennination by the Planning Director that the.. display is improperly maintained or the flag or banner is tattered or worn. 2. Flags and banners shall not be displayed in lieu of a permanent sign. 3. Violation of the time limits established by section 18.62.100B shall render the site ineligible for issuance of a permit for display of a banner for a period of one year from the date that the violation is abated. 4. The restrictions of this Section 18.62.100 shall also apply to signs and banners located within the first eight feet (8') of the interior of commercial or industrial premises when such sign or banner is visible to the exterior. 7 Amending Titles 9 and 18 18.62.110 Large permanent signs in commercial, manufacturing and institutional zones. Except in shopping centers, large permanent signs exceeding twenty-five (25) square feet in area may be installed on or along the face of a building in commercial, manufacturing or institutional zones, subject to the following specifications and icmt►ictions: A. Signs shall be limited to one sign per business premise per frontage along a street, freeway or parking lot. B. Sign area on the primary frontage shall not exceed thirty percent (30%) of the area of the building face or four square feet of sign for each lineal foot of building face along that frontage, whichever is greater. C. Sign area on a secondary frontage shall not exceed fifteen percent (15%) of the area of the building face or two square feet per lineal foot of secondary frontage, whichever is greater. D. The sign face shall not be located, such as by a cabinet, deep lettering or architectural feature, more than eighteen inches (18") from a building face unless an. exception is approved pursuant to site plan review. 18.62.120 Large permanent signs in shopping centers. Large permanent signs for businesses within a shopping center shall be limited to one per business premises per frontage on a common walkway, parking lot, driveway, alleyway, street or freeway. The size and placement of these signs shall conform with the standards specified by section 8.62.110C and D, as well as standards that may be applied through any required City Council or Planning Commission approval, including but not limited to a conditional use permit, planned development permit, specific plan or variance. 18.62.130 Small permanent signs in commercial, manufacturing and institutional zones. Any permanent sign measuring less than twenty-five square feet and not described elsewhere in this chapter shall be considered a small permanent sign that shall only be permitted in commercial, manufacturing and industrial zones as follows: A. Small permanent signs shall be permitted only in windows or along the face of a building. B. The total area of all small permanent signs and any allowable small temporary signs combined shall not exceed ten percent (10%) of the wall or elevation on which the sign is placed. 18.62.140 Pole -mounted or freestanding signs in commercial and manufacturing zones. Pole -mounted or freestanding signs are permitted in the commercial and manufacturing zones, subject to the following requirements - A. Pole signs or freestanding signs shall be limited to one sign per frontage on street, freeway or parking lot and may include a cluster sign identifying individual businesses on the parcel(s). B. The total area of any sign installed along the primary frontage shall not exceed four square feet per lineal foot of property on the primary frontage. C. The total area of any sign installed along each secondary frontage shall not exceed two square feet per lineal foot of property on the secondary frontage. 8 Amending Titles 9 and 18 D. Sign structures shall not be placed within the required setback area, except that projecting signs may protrude into or overhang a maximum distance of one-half of the setback. 18.62.150 Roof -mounted signs. A. Except as provided in subsection B, signs shall not be installed on roofs in any zone. B. Roof signs may be authorized in commercial and manufacturing zones if the Planning Commission determines that no other form of sign arrangement can effectively serve to advertise on -premises goods, services, or businesses. The maximum total area of a roof sign shall not exceed thirty percent (30 %) of the area of the front building face of the building upon which the sign is to be located. Authorized roof -mounted signs shall not project outward over the face of the building. 18.62.160 Revolving signs in commercial and manufacturing zones. Signs that revolve shall be iestiicted to those that rotate three hundred sixty degrees and no more than eight revolutions per minute. Revolving signs shall be permitted only in commercial and manufacturing zones. 18.62.170 Small temporary window signs in commercial and manufacturing zones One or more temporary signs, each of -which is less than twenty-five square feet in area, shall be permitted per parcel in commercial and manufacturing zones. Temporary signs shall not be fastened directly to the exterior wall or face of any building. Such signs may be displayed in windows or on display boards, provided the combined total area of all signs does not exceed ten percent (10%) of the area of the building face upon which the signs are mounted. (See Section 18.62.100 for restrictions on flags and banners). 18.62.180 Projecting signs in commercial. manufacturing and institutional zones. A projecting sign may be permitted in all commercial, manufacturing and institutional zones, subject to the following conditions: A. Projecting signs shall not project over any public right-of-way, including streets or alleys, except as provided in Subsection D. B. The maximum height of projecting signs shall be twelve feet, and may project above any eave or parapet of less than twelve feet in height, but may not project inward over any such eave or parapet. C. The maximum area of a projecting sign shall be thirty-two square feet. D. Projecting signs may project over street parkways and required setback areas a maximum of one-half of the street parkway or setback width, but in no case shall the projection exceed that allowed for marquee signs as set forth in Appendix A of the National City Land Use Code. For the purpose of this section, "street parkway" is defined as that part of the public street right-of-way lying between the front property line and the edge of the roadway. E. No more than one projecting sign shall be placed on each street frontage per business premises. F. A projecting sign shall be permitted only in lieu of a freestanding or marquee sign, and may not be utilized in addition to a freestanding or marquee sign. 9 Amending Titles 9 and 18 G. Projecting signs shall be supported so as to appear to be an architectural and integral part of the building. The sign shall be free of any extra bracing, angle iron, guy wires, or cables. 18.62.190 Signs for churches. Churches may display one wall mounted sign not to exceed twenty square feet in area, and one freestanding changeable copy directory sign not to exceed six feet in height and twenty square feet in area; provided, however, that the signs shall be architecturally related to the structure to which they are appurtenant. Any illumination of the sign is to be achieved only through the use of non -flashing, indirect or internal lighting, and shall not reflect upon other properties. 18.62.200 Mural -type signs in commercial zones. Mural -type signs not exceeding one hundred ten square feet in area shall be allowed in commercial zones in lieu of a fixed sign. 18.62.210 Signs prohibited in all zones. Notwithstanding Section 18.62.020A, the following signs are strictly prohibited in all zones: A. Signs that obstruct any window, door, or opening used or required as a means of regular ingress and egress, legal light and ventilation, as a fire escape or other emergency access or escape. B. Signs placed on public property or within the public street right-of-way C. Signs placed on property without permission of the property owner or occupant. D. Signs on fences. E. Except as provided in Section 18.62.090B, 18.62.090C or 18.62.090F, signs on vacant or unimproved land. F. Any sign whose intensity of illumination, or size, shape or location interferes with the safe operation of a vehicle or creates distraction to the operator of a motor vehicle on adjoining public streets. G. Animated and flashing signs exceeding the following limits or restrictions: 1. Flashing signs are limited to a maximum illumination equivalent to incandescent bulbs of sixty watts per bulb maximum; and shall not flash more than sixty times per minute. "Chasers" are prohibited. 2. High intensity neon lights, tubes or "flashing" lights exceeding sixty watts are prohibited on animated or flashing signs. 3. Rotating beacon -type lighting elements on signs are prohibited. H. Off -site signs, including billboards, except as allowed by Section 18.62.090. I. Temporary signs, except as permitted by Section 18.62.170. J. Inflatable signs and displays, unless authorized pursuant to a temporary use permit issued under chapter 15.60. K. Signs mounted on motor vehicles that are in violation of Section 7.20.150, or signs exceeding twenty-five (25) square feet mounted on motor vehicles parked for more than 8 hours in any 24-hour period on private property. 10 Amending Titles 9 and 18 18.62.220 Nonconforming signs. enactment of Ordinance subject to the provisions of Section 18.108. nonconforming signs. Any sign that is made non -conforming by may continue to be maintained or displayed, 150 regarding the continuance and abatement of 18.62.230 Constitutional severability. The City Council declares that the judicial section or invalidity of any section or portion of this chapter shall not affect the validity of any other remaining portion; that the Council would have adopted each of those remaining pore notwithstanding any later declared invalidity. If any provision determined invalid under the preceding sentence can either be judicially severed or interpretedwith the remaining provisions, then it may be severed orinterpreted etined and applied aa way that couldd souas torharmonizeit give full purpose, meaning and .effect to the remaining provisions of this chapter. Section 6. That Title 18, Chapter 18.92 is amended in its entirety to read as follows: Sections: 18.92.010 18.92.020 18.92.030 18.92.040 Chapter 18.92 OUTDOORS DISPLAY OR SALE OF MERCHANDISE Outdoors display or sale of merchandise prohibited —General Permitted displays Special promotions Seasonal sale of Christmas trees and pumpkins 18.92.010 Outdoors display or sale of merchandise prohibited —General. A. The outdoors display or sale of mercha dise on public or private property is unlawful, except as provided in this chapter or Chapter 7.21. Merchandise is displayed outdoors when it is placed to the exterior of a building or structure. B. The inclusion of a specific prohibition in this Section 18.92.010 shall not affect the general prohibition set forth in Section 18.02.080 or its application creating restrictions on the uses of property outlined throughout the remainder of Title 18 of the National City Municipal Code. C. The term "merchandise" is as defined in Section 10.22.010 and means any tangible object of nominal or value greater than one cent ($.01), including, but not limited to, all manufactured products, food, goods and flowers, but excluding "newspapers" defined in Section 10.22.010D. 18.92.020 Permitted displays in commercial and industrial zones. A. In commercial and industrial zones, service stations, auto dealers, recreational vehicle sales lots, nurseries, licensed flower shops, and building material yards may display merchandise outdoors only on the same site approved for the business. 11 Amending Tides 9 and 18 B. Other businesses in commercial and industrial zones shall not display or sell merchandise outdoors except pursuant to a determination by the Planning Director under Section 18.104.040 that the display would be customary with that type of business and consistent with or comparable to the types of uses described in Section 18.92.020A. 18.92.030 Special promotions. A. Except as allowed by Section 18.92.020, all other businesses in the commercial and industrial zones are permitted to have special promotions at which outdoors display and sales will be allowed, limited to a maximum of three consecutive days each, including all set-up and takedown time. No business shall have more than two such sales in a calendar year. There shall be a period of at least thirty days between sales. B. Special promotions involving outdoor display of merchandise which ale to last more than three days, or would involvemore than two such sales in any calendar year, are not allowed unless City Council approval in accordance with Chapter 15.60 is first obtained All sales shall be limited to the site approved for the business. C. No business shall conduct a special promotion with an outdoors display on a property unless the business has a permanent business address on that property. This restriction shall not apply to sales conducted entirely indoors. 18.92.040 Seasonal sale of Christmas trees and pumpkins. A. The seasonal sale of Christmas trees and pumpkins outdoors is permitted only in commercial zones on property developed with a commercial use or on vacant property in a commercial zone. B. Displays and sales of Christmas trees and pumpkins are limited to thirty-five (35) days each, including installation and removal of all related materials. A business license shall be obtained each year prior to setting up displays. Section 7. That the City Council finds that the proposed Code Amendment to Chapter 18.16 is consistent with the General Plan, since the General Plan contains policies that encourage the careful review of uses which may not be compatible with adjoining neighborhoods and business districts. The Conditional Use Permit and distance requirements will ensure that seafood odors do not adversely impact surrounding properties, while the- exemption for frozen seafood will avoid an unnecessary review process, which can discourage establishment of new business, and one of the economic development goals of the General Plan is to provide a favorable climate for attracting new, high -quality business activity into the City. Section 8. That the City Council finds that the Code amendments to Chapter 18.04, 18.62 and 18.92 concerning definitions, signs, outdoor advertising displays, outdoor displays of merchandise, and signs bordering freeways, are consistent with the General Plan, as the General Plan calls for review of National City's zoning and development ordinances to achieve implementation of General Plan policies and programs, as well as to implement standards to improve signage to support compatibility with adjacent land uses and strengthening of the overall business environment; and the proposed changes are needed to facilitate enforcement and to 12 Amending Titles 9 and 18 clarify existing requirements for signage, and also to reduce signage in limited situations where excessive temporary signs could be installed or placed, while maintaining opportunities for business advertising. Section 9. That the City Council finds that the proposed amendments are exempt from the California Environmental Quality Act (CEQA), on the basis that there is no possibility that the proposal will have a significant environmental effect, since the amendments will modify the Code requirements regarding the regulation of seafood markets, definitions, outdoor advertising displays, outdoor displays of merchandise, and signs bordering freeways, and will neither modify the zoning designations nor increase the intensity of use for any property. PASSED and ADOPTED this day of 2001. ATTEST: Michael R. Dalla City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney George H. Waters, Mayor 13 Amending Titles 9 and 18 SECOND READING OF ORDINANCE City of National City, California COUNCIL AGENDA STATEMENT _.MEETING DATE Novel 2.0, -2001 AGENDA ITEM NO. 11 ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ORDERING THE SUBMISSION OF A PROPOSITION OF INCURRING BONDED DEBT FOR THE PURPOSE OF THE ACQUISITION, CONSTRUCTION AND COMPLETION OF A NEW CITY LIBRARY TO THE QUALIFIED VOTERS�HOF THE CITY OF NATIONAL CITY AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON g' PREPARED BYS, 2002 DEPARTMENT Anne Campbell Library EXPLANATION On September 4, 2001, the City Council directed staff to prepare the documents legally required to place a proposition for a General Obligation ("G.O.") Bond on the March 5, 2002 ballot. This proposition provides for the issuance of up to $6,000,000 in general obligation bonds to provide a portion of the costs for construction of a new City library at 1401 National City Blvd. With advice from the City Attorney and Bond Counsel the attached ordinance calls for a special election (consolidated with a general county -wide election) in National City to be held on March 5, 2002. The ordinance includes the question to be presented to qualified voters, and all particulars of the election. CEnvironmental Review x N/A Financial Statement Approved By: Finance Director Sufficient funds available in City Clerk's election account to pay election cost, estimated to be under $8,000 AccountNo. 001-402-071 212 STAFF RECOMMENDATION Approve ordinance BOARD / COMMISSION RECOMMENDATION Library Board of Trustees approved new library plan ATTACHMENTS ( Listed Below ) Ordinance Resolution No. A-200 (9;99) ORDINANCE NO. 2001 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ORDERING THE SUBMISSION OF A PROPOSITION OF INCURRING BONDED DEBT FOR THE PURPOSE OF THE ACQUISITION, CONSTRUCTION AND COMPLETION OF A NEW CITY LIBRARY TO THE QUALIFIED VOTERS OF THE CITY OF NATIONAL CITY AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON MARCH 5,2002 WHEREAS, on November 6, 2001, this City Council adopted, by a two-thirds vote of all the members of said Council, a Resolution entitled "A Resolution of the City Council of the City of National City Determining That the Public Interest and Necessity Demand the Acquisition, Construction and Completion of Certain Municipal Improvements and Their Financing Through the Issuance of General Obligation Bonds" (the "Resolution"); and WHEREAS, in order to provide for the issuance by the City of its general obligation bonds to finance the improvements described in the Resolution, it is necessary for this Council to pass an ordinance ordering the submission of the proposition of incurring bonded indebtedness for such purpose to the qualified voters of the City at an election; and WHEREAS, a Special Municipal Election for the City is to be held on Tuesday, March 5, 2002; and WHEREAS, the City Council desires to submit to the voters at said election the proposition of incurring bonded indebtedness as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, as follows: SECTION 1. That the following question shall be submitted to the voters of the City at the Special Municipal Election to be held on March 5, 2002: BONDS FOR NEW CITY LIBRARY "To qualify for matching funds provided by the State. of California to build a new City library, with adequate space for books, children's reading programs, homework assistance, after -school programs, adult literacy programs and services for seniors, shall the City of National City be authorized to issue general obligation bonds up to a maximum principal amount of $6,000,000 to acquire and construct a new City library? YES NO Page 1 Library Bond Ordinance SECTION 2. The object and purpose of incurring the indebtedness is to finance a portion of the costs of acquiring and constructing a new City library to be located at 1401 National City Boulevard. The City anticipates that the remaining costs of acquiring and constructing the new City library will be paid for from a grant to the City from the State of California. The foregoing improvements are referred to herein as the "Improvements". The City wishes to acquire and construct the Improvements because the present City library is inadequate to serve the needs of the citizens of the City. SECTION 3. The estimated cost of the City's portion of the Improvements is Six Million Dollars ($6,000,000.00). The estimated cost includes legal and other fees and the cost of printing the bonds and other costs and expenses incidental to or connected with the authorization, issuance and sale of bonds (collectively, the "Bond Issuance Fees and Expenses"). SECTION 4. The amount of the principal of the indebtedness to be incurred is not to exceed Six Million Dollars ($6,000,000.00). SECTION 5. The maximum rate of interest to be paid on the indebtedness shall be twelve percent (12%) per annum. SECTION 6. This City Council does hereby submit to the qualified voters of the City, at said Special Municipal Election, the proposition set forth in Section 1 hereof. The City proposes to acquire, construct and complete the Improvements, and to issue and sell General Obligation Bonds of the City pursuant to Article 1, commencing with Section 43600, of Chapter 4 of Division 4 of Title 4 of the California Government Code, in one or more series, in the maximum amount and for the objects and purposes set forth above, if two-thirds of all qualified voters voting on the proposition set forth above vote in favor thereof. The bonds are to be general obligations of the City, payable from and secured by taxes levied and collected in the manner prescribed by laws of the State of California. All of said bonds are to be equally and ratably secured, without priority, by the taxing power of the City. SECTION 7. That in all particulars not recited in this Ordinance, the election shall be held and conducted as provided by law for holding municipal elections. The election on the proposition set forth in Section 1 shall be consolidated with the general election held on March 5, 2002, and said election shall be held in all respects as if there were only one election and only one form of ballot shall be used. SECTION 8. Each voter to vote for the proposition and for the incurring of said indebtedness shall stamp or write a cross, or indicate by hole punch or other means, in the blank space opposite the word "YES" on the ballot below the proposition; and each voter to vote against the proposition and against the incurring of the indebtedness shall stamp or write a cross, or indicate by hole punch or other means, in the blank space opposite the word "NO" on the ballot below the proposition. Library Bond Ordinance Page 2 of 2 SECTION 9. Notice of the time and place of holding the election is given and the City Clerk is authorized, instructed, and directed to give further or additional notice of the election, in the time, form, and manner required by law. SECTION 10. This Ordinance shall be published once a day for at least seven days in a newspaper printed, published and circulated at least six days a week in the City, or once a week for two weeks in a newspaper printed, published and circulated less than six days a week in the City. The lust of said publications shall, in either event, be within fifteen (15) days after the adoption of this ordinance. The City Clerk is hereby authorized and directed to make said publications and to transmit, for receipt no later than December 7, 2001, a certified copy of this Ordinance to the Board of Supervisors of San Diego County, and a copy with the County Clerk of San Diego County and to any other appropriate official of San Diego County responsible for preparing the ballots for said election. SECTION 11. This Ordinance shall become effective immediately upon its adoption by two-thirds vote of all the member of this City Council. PASSED and ADOPTED this day of 2001. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney George H. Waters, Mayor Library Bond Ordinance Page 3 of 3 SECOND READING OF ORDINANCE City of National City COUNCIL AGENDA STATEMENT MEETING DATE: November 20, 2001 AGENDA ITEM NO. 12 iM TITLE: ORDINANCE ESTABLISHING THE MILE OF CARS BUSINESS IMPROVEMENT DISTRICT PURSUANT TO THE PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 AND LEVYING AN ASSESSMENT AND CHARGE THEREIN FOR UPGRADING AND IMPROV SIG TJ lE AREA PREPARED BY: Paul Desrochers, It"„` W' DEPARTMENT Community Development Commission Executive Director EXPLANATION: On October 16, 2001, the City Council approved Resolution 2001-157 declaring its intention to form a parking and business improvement area to be known as the "Mile of Cars Business Improvement District" (BID). The draft ordinance establishing the BID, the subject of today's City Council action, provides for the levy of an assessment and charge to be imposed on new car dealership businesses only located in a certain geographical area. Private property owners, used car dealerships and other business owners will not be affected by this ordinance. A public meeting was held today at 3:00 PM to answer any questions regarding the draft ordinance and a public hearing was also pie- viously held at 6:00 PM to consider any public comments. Public notice regarding the formation of the BID has been provided in a local newspaper a total of three times. A mailing to all affected business owners and the property owners in which they are located has also been completed. If approved, the City Council will introduce the ordinance at tonight's meeting and a second reading will occur on November 20th. The ordinance will become effective on December 19, 2001. Environmental Review Financial Statement N/A X N/A STAFF RECOMMENDATION Approve Ordinance BOARD/COMMISSION RECOMMENDATION N/A 1 ATTACHMENTS (Listed Below) Proposed Ordinance Resolution No. ORDINANCE NO. 2001 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ESTABLISHING THE MILE OF CARS BUSINESS IMPROVEMENT DISTRICT PURSUANT TO THE PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 AND LEVYING AN ASSESSMENT AND CHARGE THEREIN FOR UPGRADING AND IMPROVING THE AREA WHEREAS, under and pursuant to the provisions of the Parking and Business Improvement Area oT 1989, codified as California Streets and Highways Code Section 36500, et seq, this Council on October 16, 2001, adopted Resolution No. 2001-157, declaring an intention to form a parking and business improvement area to be known as the "Mile of Cars Business Improvement District" providing for the levy of an assessment and charge to be imposed herein, fixing the time and place for hearing and giving notice thereof; and WHEREAS, Resolution No. 2001-157 was duly published, and copies thereof were mailed as provided by the Law; and WHEREAS, as specified in Resolution No. 2001-157, on November 6, 2001, both a public meeting and a public hearing concerning the formation of the area were held before this Council in the Council Chambers; and WHEREAS, at the hearings, all protests, both written and oral, made or filed were considered and duly overruled and denied and this Council determined that there was no majority protest within the meaning of Section 36523 of the Law. NOW, THEREFORE, BE IT ORDAINED, by the Council of The City of National City, as follows: Section 1. Pursuant to California Streets and Highway Code Section 36500, et seq, (hereafter referred to as "the Law"), a parking and business improvement area is hereby established, to be known as the "Mile of Cars Association", herein called "District." The membership to be included in the District includes the Mile of Cars car dealers who are licensed or franchised by domestic and/or foreign automotive manufacturers to sell new vehicles, hereafter referred to as "new car dealers", that are located within the following general boundaries: Highland Avenue to the Fast; West 35th Street to the South; McKinley Avenue to the West; 18th Street to the North; and all of National City Boulevard within the City limits; and as more specifically described at the following streets and addresses: Ordinance No. 2001 - Mile of Cars Business Improvement District Page Two STREET National City Boulevard McKinley Avenue Wilson Avenue Roosevelt Avenue Harding Avenue Hoover Avenue Transportation Avenue Southport Way A Avenue B Avenue C Avenue D Avenue E Avenue F Avenue G Avenue Highland Avenue W 35th Street W 33"` Street E 30th Street W 30th Street E 28t Street W 28'" Street E 27th Street E 26th Street W 26th Street E 25th Street W 25'" Street E 24th Street w 24'" Street W 22od Street E 20th Street E 18th Street W 18th Street ADDRESS SERIES All within the City boundaries (1 - 3500) 1800 - 3400 1800 - 2400 1800-2200 1800 - 3000 1800 - 3300 2400 - 3000 2400 - 2900 1800 - 3000 1800 - 3000 1800 - 3000 1800 - 3000 1800 - 3000 1800 - 3000 1800 - 3000 1800 - 3499 001 - 500 001 - 500 001- 500 001- 500 001 - 500 001- 500 001- 500 001- 500 001- 500 001- 500 001 - 500 001 - 500 001 - 500 001 - 500 001 - 500 001 - 500 001 - 500 The map depicting the District is attached hereto as Exhibit "A" and incorporated herein by reference. Ordinance No. 2001 — Mile of Cars Business Improvement District Page Three Section 2. The purpose of forming the District as a parking and business improvement area under the Business and Improvement Area Law is to provide revenue to defray the costs of services and programs that will benefit new car dealers in the District, including any of the following: a. Acquisition, construction, or maintenance of parking facilities for the benefit of the area; b. Decoration of any public place in the area; c. Promotion of public events or attraction of customers to the area; d. Furnishing of music in any public place in the area; e. The general promotion of business activities in the area; f. Participation in economic development strategies for the area; The specific services and programs to be provided and funded are listed in Exhibit "B", which is attached hereto and by this reference made a part hereof. The services and programs listed thereon are the uses to which the revenues generated by the assessments to be levied will be put within the District. Section 3. All new car dealers operating in the above -described District will be assessed an annual assessment, collected monthly through the designated fiscal agent, for their respective share of the costs of the aforementioned services and programs according to a formula set forth in Exhibit "C" and summarized as follows: Assissimv r METHODOLOGY: The assessment methodology, as approved and recommended to the City by the Mile of Cars Association Board of Directors on June 12, 2001, is based upon a minimum annual first year revenue flow in calendar year 2002 of $1,100,000.00 dollars (one million one hundred thousand dollars). The methodology will be based upon the reporting of quarterly gross sales tax receipts to the State of California, which will be obtained by the City of National City and disclosed to the City's fiscal agent. Based upon the submission of the September 2001, (third quarter) quarterly tax receipts report by each dealer to the fiscal agent, the fiscal agent will issue a monthly bill, commencing December 2001, for the projected monthly BID assessment to each and every new car dealer. The monthly bills will be due 30 days from the day of receipt from the new car dealers, with the first assessments due January 15, 2002. The fiscal agent shall bill each and every new car dealer by applying the BID assessment factor to the average monthly gross sales taxes, for the third quarter, 2001. • Ordinance No. 2001 - Mile of Cars Business Improvement District Page Four The initial factor to be used to generate the $1,100,000.00 in annual BID revenues shall be a factor of .0027253. This factor, when applied to the annual sales tax receipts for every new car dealer, ($403,630,839.00, calendar year 2000) will generate the desired sum of BID revenues to fund the marketing and promotional activities of the benefiting businesses. The fiscal agent shall be authorized as a contractual agent of the City to bill each and every new car dealer within the proposed BID boundaries on a monthly basis. Any business that fails to remit its BID fees to the fiscal agent within 30 days of the due date, shall be reported to the City or its designate, the Community Development Commission of the City, for collection purposes. The City or designate shall begin collection procedures, using its best efforts, including penalties and interest, for any and all outstanding monthly BID bills. The annual assessment shall be prorated and collected as a monthly charge and shall be levied and collected by the designated fiscal agent of the City or its designate, the Community Development Commission of the City of National City. The fiscal agent shall estimate monthly assessments based upon the third quarter 2001, gross sales tax receipts of each and every car dealer. Monthly BID assessments shall commence in early December 2001 and be due on January 15, 2002. Thereafter, the fiscal agent shall issue monthly billings, and make quarterly adjustments between the estimated amount due, based upon the base period third quarter 2001, and the actual assessments due, based upon the assessment factor and actual sales commencing January 1, 2002. The City shall be the collection agent should any new car dealers refuse or delay payment into the BID. The assessments chill be collected and enforced in the same manner and with the same penalties and interest as in the case of the business tax certificates. For those businesses taxed, the City Treasurer shall determine the assessment to be levied upon issuance of the City business tax certificate. The City Treasurer and the Finance Director are each authorized to revoke the business tax license of any member of the District who unjustifiably refuses to pay the assessment or monthly installment, when due. Section 4. Effective January 1, 2002, the District, through the City or its designate, shall also be responsible for the administration of the property owner -funded Landscaping and Lighting District approved in 1996. This district generates $100,000 in revenue per year and these funds can only be used to maintain lighting and landscaping services. A portion of those funds may be used to offset administrative costs related to the overall management. of both the BID and the landscape maintenance district. Ordinance No. 2001 — Mile of Cars Business Improvement District Page Five Section 5. " The Council hereby fords and determines that the public convenience and necessity require the establishment of the areas described and that all of the new car dealer businesses lying within the area will be benefited by the expenditure of the funds raised by the assessments or charges proposed to be levied. Section 6. That all protests, both written and oral, are overruled and denied and the Council finds that there is not a majority protest within the meaning of Section 36523 of the Law. Section 7. That all of the new car dealers in the area established by this ordinance shall be subject to any amendments to the provisions of the parking and business improvement area law of 1989, codified as California Streets and Highway Code Section 36500, et seq. Section 8. That this Council shall review all of the assessments imposed pursuant to this ordinance annually, and shall retain responsibility for annual levy of assessments, notwithstanding any delegation of responsibility pursuant to this ordinance. Section 9. That any new car dealer within this district who unjustifiably fails or refuses to pay the annual assessment at the time or times specified shall be subject to the revocation of its business tax license by the City Treasurer or the Finance Director, upon the recommendation of the administrator or designate. Section 10. A. That a Mile of Cars Advisory Board shall be appointed by the Mayor, subject to confirmation by the City Council, the membership of which shall consist of five representatives from the new car dealers within the District that pay the assessments. B. Nominations for membership to the Advisory Board shall be made to the Mayor by the Mile of Cars Association. Upon initial appointment, the term of office of three (3) of the members will be for a term of three years, and two (2) members for a term of two (2) years. Thereafter, the term of office shall be for a period of two years. The Executive Director of the Community Development Commission of the City of National City and the City Manager, or their designates, shall be ex-officio members of the Advisory Board. C. The Advisory Board shall make such recommendations in accordance with Section 36530 of the Streets and Highways Code as shall be appropriate to the fiscal administration of the District. The Advisory Board shall be subject to the provisions of the Ralph M. Brown Act when conducting its meetings, which shall be held at least once a year. Ordinance No. 2001 - Mile of Cars Business Improvement District Page Six Section 11. That the City Council, pursuant to the request of the Community Development Commission, hereby delegates • to the Community Development Conuniseion of National City the responsibility for the administration and operation of the District. This delegation of responsibility shall be effective upon the filing of a certified copy of a resolution of acceptance of the delegation by the Community Development Commission with�the City Clerk. The City shall retain responsibility for the levy of the annual assessments as required by law. The City or its designate may enter into such contracts for the fiscal administration and management of the District as may be necessary and appropriate. The City or its designate may contract with the Mile of Cars Association to carry out the management and fiscal administration of the District. Section 12. That the City Clerk shall transmit a certified copy of this ordinance upon its adoption to the Chairman of the Community Development Commission of National City. Section 13. That this ordinance shall take effect and be in force 30 days after its adoption, and no business tax license for new car dealer commercial activities inconsistent with the provisions of this ordinance shall be issued unless application therefore was made prior to the date of adoption of this ordinance. PASSED and ADOPTED this day of , 2001. George H. Waters, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: foL'11C George H. Eiser, III City Attorney 1 EXHIBIT "A" MAP OF THE DISTRICT • • EXHIBIT "B" FIRST YEAR BUDGET: The first year budget, (based upon applying proposed assessment methodology to the calendar year 2000 gross sales receipts reported for all new car dealers, is expected to total approximately $1,100,000.00. Any variance in this amount, anticipated to be collected in calendar year 2002, would be based upon fluctuation in gross sales tax receipts generated from new car dealers in calendar year 2001 and 2002. The budget anticipated to fund special benefits for the 2002 calendar years should be expended as follows, subject to ongoing review by the designated Management representatives: INCOME: Assessments $ 1,100,000.00 Interest income $ 1,000.00 Total receipts $ 1,101, 000.00 EXPENSE: Advertising $ 891,250.00 Bank Charges $ 150.00 Depreciation $ 800.00 Dues and subscriptions $ 150.00 Insurance $ 2,600.00 Legal and professional $ 14,000.00 Entertainment (Christmas party) $ 1,200.00 Miscellaneous $ 1,000.00 Office expense $ 500.00 Outside service - Bob Shumake $ 36,000.00 Outside services - New City America $ 25,000.00 Professional - Silberman and Sloan, LLP $ 13,850.00 Professional - legal $ 5,000.00 Repairs and maintenance - signs $ 12,000,00 Sign purchases $ 41,600.00 Taxes and licenses $ 900.00 Utilities $ 45,000.00 Reserve $ 10,000.00 Total Expenditures $ 1,101, 000.00 ExH>Brr "C" ASSESSMENT METHODOLOGY: The assessment methodology, as approved and recommended to the City by the Mile of Cars Association Board of Directors on June 12, 2001, is based upon a minimum annual first year revenue flow in calendar year 2002 of $1,100,000.00 dollars (one million one hundred thousand dollars). The methodology will be based upon the reporting of quarterly gross sales tax receipts to the State of California, which will be obtained by the City of National City and disclosed to the City's designated fiscal agent. Based upon the submission of the September 2001, (third quarter) quarterly tax receipts report by each dealer to the fiscal agent. The fiscal agent will issue a monthly bill, commencing December 2001, for the projected monthly BID assessment to each and every new car dealer. The monthly bills will be due 30 days from the day of receipt from the new car dealers, with the first assessments due January 15, 2002. The fiscal agent shall bill each and every new car dealer by applying the BID assessment factor to the average monthly gross sales taxes, for the third quarter, 2001. The initial factor to be usedto generate the $1,100,000.00 in annual BID revenues shall be a factor of .0027253. This factor, when applied to the annual sales tax receipts for every new car dealer, ($403,630,839.00, calendar year 2000) will generate the desired sum of BID revenues to fund the marketing and promotional activities of the benefiting businesses. The fiscal agent shall be authorized, as a contractual agent of the City, to bill each and every new car dealer within the proposed BID boundaries on a monthly basis. Any business that fails to remit their BID fees to the fiscal agent within 30 days of the due date shall be reported to the Community Development Commission of the City for collection purposes. The City shall begin collection procedures, using its best efforts, including penalties and interest, for any and all outstanding monthly BID bills. Refusal to pay into the district shall also be considered a violation of a City ordinance, thereby subjecting the offender to the revocation of its business tax Iicense. Once collected, the fiscal agent shall transfer the BID assessments to the general checking account or other designated accounts of the BID Management Corporation. The fiscal agent shall maintain an ongoing business relationship with the City, as well as the BID management corporation, to ensure the smooth flow of revenue in both the collection process as well as disbursement process. At the end of each quarter, commencing the first quarter of 2002, the fiscal agent shall reconcile the amount of BID assessments paid, (January, February and March 2002), as determined from the anticipated and billed BID assessments, with the actual reported sales tax receipts. The fiscal agent shall apply the BID assessment factor to the gross sales tax receipts Mile of Cars Business Improvement District Exhibit "C" Page Two reported by each new car dealer based upon their reported quarterly tax reports to the State of California. The actual quarterly numbers, commencing the fast quarter of 2002, will be provided by the Community Development Commission of the City of National City, as provided by the State of California. Any differences in the amount of BID monthly assessments previously paid by each new car dealer, and the amount actually owed whether debit or credit, shall"be reconciled by the fiscal agent in the billing immediately following the presentation of actual gross sales tax receipt reports. The lead agency for the City shall be the Community Development Commission of National City. ANNUAL INCREASE: The Mile of Cars Association Board of Directors, or its successor, has authorized that a Consumer Price Index annual escalator be included in the BID assessment methodology. An amount not to exceed five per cent per year, based upon the assessment methodology factor, may be instituted by direction of the Board of Directors of the Management Corporation. Any recommended increases shall be made in writing by November of each year to the Community Development Commission of National City. COLLECTION SCHEDULE: The fiscal agent shall initiate billing for calendar year 2002 in early December 2001. Billings shall be based upon actual sales tax revenues reported, multiplied by the assessment methodology factor, from the September 2001 quarterly reporting sales tax . reporting documents. Payments will be due and payable by January 15, 2002. City of National City, California COUNCIL AGENDA STATEMENT AEETING DATE November 20, 2001 AGENDA ITEM NO. 13 ITEM TITLE REPORT ON CLARIFICATION OF THE RELATIONSHIP BETWEEN TRANSIENT OCCUPANCY TAXES AND THE DEFINITION OF "TRANSIENT" PREPARED BY George H. Eiser, 1II011 DEPARTMENT City Attorney EXPLANATION This item appeared on the October 16, 2001 Council agenda. The memorandum that was submitted for consideration on October 16 is attached. On October 16, the Council continned the item for 30 days, and directed staff to solicit additional input from the hotel/motel industry. An oral report on that input will be provided. CEnvironmental Review Financial Statement N/A N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Direct staff concerning amendment of Municipal Code, or continue for further consideration. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Memorandum. A-200 (9!99) ' /ptiAL C/T\ City of National City Office of the City Attorney 1243 National City Boulevard, National City, CA 91950-4301 George H. Eiser, III • City Attorney (619) 336-4220 Fax (619) 336-4327 TDD (619) 336-1615 TO: Mayor and City Council DATE: October16, 2001 FROM: City Attorney SUBJECT: Report on Clarification of the Relationship between Transient Occupancy Taxes and the Definition of "Transient" PURPOSE The purpose of this memorandum is to seek the guidance of the City Council concerning a matter of policy regarding Transient Occupancy Taxes and the length of stays to be allowed at hotels and motels. This office, in consultation with both the Finance Department and the Planning Department, perceives that there are areas for needed clarification in the respective ordinances governing Transient Occupancy Taxes ("TOT") and permissible length of stays at hotels and motels. BACKGROUND The Finance Department had conducted a TOT audit last year of one of the hotels. After several meetings with the hotel operators, resolution of the amount owed in back TOT was reached. During that process, however, the operators suggested revisions be made to the TOT ordinance to allow for the refund of TOT once the guest stays beyond 30 days. Certain administrative clarifications to the TOT ordinance were also suggested. While that proposal was being considered by Staff, the operators of Extended Stay America processed a conditional use permit along with a request to amend the land use code to allow for guest stays beyond 30 days. The City Council, in its regular meeting of March 8, 2001, voted to deny the CUP to Extended Stay America, and rejected the idea of amending the land use code to allow for stays beyond 30 days. The Council expressed its concerns regarding the absence of on -site management and the presence of kitchen facilities. The length of proposed occupancy also created concerns about community appearance, noise disturbances, criminality and similar effects. Following the Council's action, both Planning and Finance staff again met, and reviewed the net effect of the situations presented by the TOT audit and the Council's expressed desire not to allow guest stays beyond 30 days. ® Recycled Paper Transient Occupancy Taxes and the Definition of "Transient" October 16, 2001 Page Two LEGAL ISSUES AFFECTING OCCUPANCY LIMITS Currently, the National City Land Use Code does not make it illegal, per se, for hotels or motels to allow occupancy for more than 30 days. The current definitions of "hotel" in Section 18.04.326 and "motel" in Section 18.04.434 refer to a place of accommodation for "transients". The term "transient" is then defined by both the Transient Occupancy Tax (TOT) provisions (Section 4.32.020) and the Land Use Code (Section 18.04.614) as a person who occupies a room for 30 consecutive days or less. Historically, City Staff has administered these sections as a restriction against stays of more than 30 days. However, it is our view that this definition, standing alone, may not be a legally sufficient regulation against stays exceeding 30 days. Since it appears to be the intent of the Council to restrict hotel and motel stays to 30 days or less, the Land Use Code should be amended to clearly create such a restriction. Whether that could potentially reduce sales tax revenues and have related indirect economic effects to TOT revenues, is a policy matter for the Council to consider. ISSUES AFFECTING TOT Both San Diego and Chula Vista refund TOT to a transient after 30 days of occupancy has elapsed. National City does not, and the National City hotel industry does not necessarily restrict hotel occupancy to stays of 30 days or less. One hotel operator in National City, in particular, has advised that it has hosted travelers and government contractors from the shipyards with stays exceeding 45 to 60 days, and that this is considered to be a very desirable practice from a business standpoint. The hotel industry had also suggested that TOT be refunded after 30 days in order for them to remain competitive with neighboring cities. Pursuant to state law, TOT may be collected only for the first 30 days of occupancy. State law does not require a refund for the initial 30 days' stay once the transient stays beyond 30 days. Since San Diego and Chula Vista refund the tax completely and National City does not, any proposal to allow a TOT refund once the transient stayed beyond 30 days would be in conflict with discouraging stays beyond 30 days. It would also require a code amendment. National City receives approximately $900,000 per year in TOT revenues. Any refund would negatively impact those revenues, and the Finance Director is not in favor of TOT refunds. However, there is a need for clarifying language. Transient Occupancy Taxes and the Definition of "Transient" October 16, 2001 Page Three OPTIONS If the Council wishes to make it clear that occupancy beyond 30 days in a hotel or motel is prohibited, and that TOT is to be collected for the first 30 days of occupancy and shall not be subject to refund, then a clarifying ordinance revision is recommended. If changes are to be made to Title 18, those changes would also need to be first reviewed at the Planning Commission. The possible options the Council may wish to consider in this regard are as follows: I. A. Direct staff to prepare an ordinance to clarify that hotel/motel stays are restricted to a maximum of 30 days, or some other number (e.g., 45 days, 60 days, 90 days, etc.). B. If a greater number of days is selected, consider whether to allow that at all hotels/motels, or whether to impose restrictions on the length of stays only to hotels/motels that provide kitchenette facilities, and that do or do not have on -scene management staff, or some combination of those and other accommodation factors. II. A. Direct staff to prepare an ordinance to clarify that TOT is not refunded for the first 30 days of occupancy, regardless of the actual length of occupancy; or, B. To refund TOT for the first 30 days if occupancy is also allowed to exceed 30 days at designated facilities. III. Continue for further consideration and for direction to staff. STAFF RECOMMENDATIONS 1. Amend Title 4 to clarify that TOT is not refunded for the first 30 days of occupancy, and make other minor administrative clarifications. 2. Amend Title 18 to clarify time limits for occupancy. Depending on the options chosen by Council, appropriate language for amendment to Titles 4 and 18 will be prepared and processed accordingly. RH/gmo cc: City Manager Planning Director Finance Director GEORGE H. EISER, III City Attorney EETING DATE City of National City, California COUNCIL AGENDA STATEMENT Nov. 20, 2001 AGENDA ITEM NO. 14 ITEM TITLE GENERAL OBLIGATION BOND FOR CONSTRUCTION OF NEW CITY LIBRARY; DETERMINATION OF TERM OF BOND ISSUE; REQUEST OF CITY TREASURER TO SIGN TAX RATE STATEMENT PREPARED BY DEPARTMENT ANNE CAMPBELL , a LIBRARY EXPLANATION See attached. CEnvironmental Review X N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION APPROVE TERMS FOR BOND ISSUE. APPROVE REQUEST OF CITY TREASURER TO SIGN TAX RATE STATEMENT. BOARD / COMMISSION RECOMMENDATION LIBRARY BOARD APPROVED LIBRARY BUILDING PROGRAM. ATTACHMENTS ( Listed Below ) Resolution No. 1. Explanation 2. Attachment A - Tax Rate Effect of General Obligation Bonds A-200 (999) On November 6, 2001, the City Council approved the submission of a proposition for a General Obligation ("G.O.") Bond to be placed on the March 5, 2002 ballot. This proposition provides for the issuance of up to $6,000,000 in general obligation bonds to provide a portion of the costs for the construction of a new City library. In determining the tax rate for the bond, both the 25-year and 30-year options assume a 2.5% total assessed value growth rate from the 2001-02 base year. Over the past 20 years, the average annual growth rate in National City's assessed value has been about 5%. Because assessed values are assumed to grow, annual debt service also grows —but at a lower rate of about .5% per year. Both 25-year and 30-year bond options are bond market. Either will receive a sound The decision to choose one over the other lower annual taxes over 30 years or slightly the total interest paid. very typical and acceptable in the municipal credit rating and strong market acceptance. depends on whether the City prefers to pay higher taxes over 25 years in order to reduce The proposed financing structure provides for a or 30 year period. As outlined in Attachment A, years would have a higher annual debt service rates than a $6 million bond financed over 30 ye tax rate that is relatively level over a 25 a $6 million bond with a final term of 25 and result in slightly higher annual tax ars. Based on the determination of Council to propose a 25-year or 30-year bond financing structure, per Election Code Section 9400-9405, a tax rate statement will be provided to the County Registrar of Voters, for inclusion with the ballot measure. The Council may assign responsibility for signing the tax rate statement to a designated official. It is recommended that the Council assign the responsibility to the City Treasurer. Attachment A TAX RATE EFFECT OF GENERAL OBLIGATION BONDS'') City of National City Library Project 25-Year Maturity 30-Year Maturity Amount of Bonds $6,000,000 $6,000,000 Pattern of Annual Tax Level(2) Level(2) Years To Final Maturity 25 30 Total Interest Payments $6,377,855 $8,112,995 Total Debt Service $12,409,722 $14,112,995 Maximum Annual Debt Service $527,400 $505,875 Average Annual Debt Service $496,388 $470,433 Estimated Average Annual Future Assessed Valuation Growth 2.5%(2) Estimated Tax Rates Estimated Tax Rates per $100,000 of Assessed Valuationi44 per $100,000 of Assessed Valuatiore Average Highest Average Highest Annual Annual Annual Annual Tax Tax Tax Tax $25.37 $26.20 $23.77 $24.30 (1) All values contained herein are subject and likely to change with revised assumptions and changing market conditions. (2) Assessed Valuation assumed to grow at an average of 2.5%/year. Rate of debt service escalation is calculated at 0.5% per year. (3) The average annual compound growth rate for assessed valuation in the City was 5.09% between 1981-82 and 2001-02. (4) Tax rates on property qualifying for $7,000 homeowner's exemption in assessed value may be slightly less than shown above. SOURCE: Stone & Youngberg LLC 11/14/01 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE _ November 20, 2001 0/ ITEM TITLE NOTICE OF DECISION — PLANNED DEVELOPMENT PERMIT AND COASTAL DEVELOPMENT PERMIT FOR A SELF STORAGE FACILITY ON VACANT PROPERTY AT THE SOUTHWEST CORNER OF NATIONAL CITY BOULEVARD AND WEST 331D STREET. (APPLICANT: BOB HALLIDAY FOR TELESIS DEVELOPMENT CORPORATION)(CASE FILE NO. PD-2001-5/CDP-2001-2) PREPAREY Charley Marchesano DEPARTMENT Planning AGENDA ITEM NO. 15 EXPLANATION The proposed self storage facility was approved by the Planning Commission at their November 5, 2001 meeting. The attached background report describes the project in detail. Environmental Review Financial Statement >STAFF RECOMMENDATION Staff concurs with the decision ofthe 'Planning Commission and recommends that the Notice of Decision be filed. N/A N/A Categorical Exemption Account No. BOARD / COMMISSION RECOMMENDATION The Planning Commission approved the Conditional Use Permit. Vote: Ayes — Valderrama, Parra, Flores, Ungab, Detzer, Reynolds Abstaining — Baca ATTACHMENTS ) Listed Below ) 1. Background Report 2. Planning Commission Resolution No. 35-2001 A-200 (9/80) Resolution No. 3. Location Map 4. Reduced project site plan and elevations BACKGROUND REPORT: The project site is a 1.19 acre vacant parcel in the ML-PD-CZ (Light Manufacturing - Planned Development -Coastal Zone) zone. The triangular shaped property is enclosed on three sides by National City Boulevard to the east, West 33`a Street to the North and SR- 54 to the south. This parcel site roughly 10-feet below the grade of National City Boulevard and slopes downward from east to west. The storage facility consists of three buildings with associated driveways, aisles, landscaping, and fencing. Building A, as identified on the attached location map, will be 35-feet tall and have 71,938 square feet of floor area in three floors and a large basement area. Building B will also be 35-feet tall, with three stories and 16,854 square feet of floor area. These buildings will contain over 600 individual storage spaces for rent to the public. Building C will be used as a caretaker's unit and a rental office. This structure will have two -stories with 2,277 square feet of floor area, including an attached two -car garage. The buildings will be treated with tan and off-white exterior stucco. Pitched roof sections will have blue ceramic tile roofing, while the remaining roof will be flat. The proposal complies with all Code requirements and no Variances are needed. To reduce the apparent bulk of the project the applicant has incorporated several design elements, including wall plane variations, insets and pop -outs, varied sections of pitched and flat roof, and exterior color variations. A large amount of landscaping will also be provided. This includes the planting of trees and shrubs along property boundaries and in street right-of-way areas. Additionally, 30-foot tall palm trees will be planted along National City Boulevard to continue the Mile of Cars landscape theme and trees will also be planted in the Caltrans right-of-way along SR-54 to the south. The project site has been vacant for some time. In the past, the City rezoned this area from CA-PD-CZ (Commercial Automotive -Planned Development -Coastal Zone) to ML- PD-CZ to allow for a greater variety of potential uses. The proposed self storage use is allowed in the ML zone. There was no testimony in opposition to the project at the Planning Commission public hearing. The possible use of a neutral colored roof tile, rather than the blue, was discussed by the Commissioners but not required. The Commission voted to approve the project with all staff recommended conditions, with a slight modification to one condition allowing for future use of the site by wireless communications facilities. Conditions of approval also require landscape maintenance, rooftop equipment screening and 610 feet of sidewalk improvements. RESOLUTION NO. 35-2001 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A PLANNED DEVELOPMENT PERMIT AND COASTAL DEVELOPMENT PERMIT FOR A SELF STORAGE FACILITY ON VACANT PROPERTY AT THE SOUTHWEST CORNER OF NATIONAL CITY BOULEVARD AND WEST 33RD STREET. APPLICANT: BOB HALLIDAY FOR TELESIS DEVELOPMENT CORPORATION. CASE FILE NOS. PD-2001-5/CDP-2001-2 WHEREAS, the Planning Commission of the City of National City considered a Planned Development Permit and Coastal Development Permit application for a self storage facility on vacant property at the southwest corner of National City Boulevard and West 3314 Street at a duly advertised public hearing held on October 15, 2001 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 Nos. PD-2001-5 and CDP-2001-2 which are 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 October 15, 2001, support the following findings: FINDINGS FOR APPROVAL OF THE PLANNED DEVELOPMENT PERMIT 1. That the site for the proposed use is adequate in size and shape since the 1.19 acre vacant lot is large enough to accommodate the proposed development and complies with the City's Land Use Code. 2. 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 the self storage facility is accessed by National City Boulevard, an arterial, and State Route 54. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since it is separated from adjacent properties by streets and highways, the proposed use will generate little noise and may block nearby road noise, and since the proposed construction will improve a parcel which has been vacant for many years and is commonly littered with trash and weeds. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the self storage facility will enhance the vacant area with extensive landscaping in compliance with General Plan policies, and since the new facility will help meet local demand for public storage space at a convenient location. FINDINGS FOR APPROVAL OF 'flit, COASTAL DEVELOPMENT PERMIT 1. That the granting of PD-2001-5/CDP-2001-2 is consistent with and implements the Certified Local Coastal Program, since the proposed self storage facility is an allowed use in the ML-PD- CZ zone and the project does not block or restrict coastal access. In addition, the project is consistent with the standards referenced or contained in the LCP implementation document. 2. There are no required conditions of approval necessary to carry out the Certified Local Coastal the Program specified in the implementing ordinance that are applicable to the granting of Coastal Development Permit. 3. That granting of PD-2001-5/CDP-2001-2 is consistent with all other plans and ordinances of the City, since the proposed facility has been designed in accordance with Municipal Code standards, will facilitate a use permitted in the zone by the Land Use Code,and is consistent with the Combined General Plan/Zoning Map designation. Conditions of approval will ensure conformance with City standards for design, appearance, and operation. BE IT FURTHER RESOLVED that the application for Planned Development Permit and Coastal Development Permit is approved subject to the following conditions: 1. This Planned Development Permit and Coastal Development Permit authorizes the construction and operation of a self storage facility. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A Revised, Case File no. PD-2001-5/CDP-2001-2, dated September 18, 2001. 2. Plans submitted with any application for a building permit must comply with the 1998 California Building, Plumbing, Electrical, and Mechanical Codes and the California Title 24 handicapped and energy regulations. 3. A grading plan shall be submitted showing all the proposed and existing on -site and off -site improvements. The plans 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 materials runoff to the public storm drain system from the proposed parking lot or development shall be implemented with the design and grading plan. 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 checklist for preparation of the grading and drainage plan is available at the Engineering Department (Appendix Chapter 33 C.B.C. and Ordinance 99-2164). 4. All surface runoff shall be collected by approved drainage facilities and directed to the street by sidewalk underdrains or a curb outlet. 5. 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 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 written notice by the City Engineer. 6. For P.V.C. irrigation lines in the public right-of-way, a metallic identification tape shall be placed between the bottom layer of the finished surface and the top of the lines. 7. A soils engineering report shall be submitted after the approval of the Planning Commission for the Engineering Department's review. The report shall address the stability of all 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 section for the proposed streets, the parking areas, and driveways. As a minimum, the parking lot pavement section shall be 2 inch A.C. over 4 inch class II Aggregate Base. The street pavement sections shall be in accordance with Standard Drawing G-24 with National City modifications. All soil report findings and recommendations shall be part of the Engineering Department requirements. 8. A sewer permit shall be required. The method of sewage collection and disposal shall be shown on the grading 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. 9. An existing 15-foot wide sewer easement reserved to the Spring Valley Sanitation District exists and no building encroachment will be allowed within the easement. The easement shall be shown on the plans. 10. A portion of the property is in the Federal flood (approximately elevation 16) plain area. A flood hazard permit shall be obtained from the Engineering Department. 11. All existing survey monuments, including benchmark, within the boundaries of the project shall be shown on the plans. If disturbed, they shall be restored by a licensed land surveyor or civil engineer after completion of the work. A Corner Record shall be filed with the County of San Diego Recorder. A copy of the documents filed shall be given to the National City Engineering Department. 12. A permit shall be obtained from the Engineering Department for all improvement work done in the public right-of-way, and the grading construction on private property. 13. A cost estimate shall be submitted with the plans. A performance bond equal to the approved cost estimate for all proposed grading, drainage, street improvement, landscaping and retaining wall work 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. 14. Street improvements shall be in accordance with City standards. All missing street improvements (approximately 610 L.F. of sidewalk) shall be constructed. 15. A title report shall be submitted, after the Planning Commission has approved the project, for Engineering Department review of all existing easements and the ownership of the property. 16. Trash enclosures shall be provided for each proposed storage building in accordance with city standards. If not located within a building, the building plans shall note that they will have a stucco exterior and be painted to match the adjacent buildings. 17. The caretakers residence and garage shall be maintained for the sole use by the caretaker of the self storage facility, and shall not be separately rented, let, or leased. 18. Exterior walls of buildings and trash enclosures to a height of not less than 6 feet 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. 19. Any rooftop equipment proposed as part of the project shall be screened in accordance with Land Use Code and Design Guidelines requirements. 20. Detailed landscape and irrigation plans are required. Plans shall show landscaping of the property in substantial conformance with the applicant's preliminary landscape plan. Maintenance of all landscaping shall be the responsibility of the applicant, including landscaping proposed in the street right of way on National City Boulevard and in the Caltrans right of way along the southern property line. 21. Mexican Fan Palms shall be planted and maintained along National City Boulevard to continue the existing Mile of Cars landscaping in accordance with the landscape plan attached to exhibit A revised, case file no. PD-2001-5/CDP-2001-2, dated September 18, 2001. The palm trees shall have a minimum height of 25-feet at planting. 22. Before this Planned Development and Coastal Development permit shall become effective, the applicant and the property owner both 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 Planned Development and Coastal Development permits. 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 permits 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. 23. Subject to mutual agreement concerning lease terms and conditions between Applicant/Permittee and wireless provider(s), the Applicant/Permittee shall not object to locating wireless communications facilities, such as the previously proposed Sprint facility (CUP-2000-25/CDP-2000-4) or other carriers, at the project site. Future facilities, if proposed, shall be located on or within one or more of the proposed buildings. 24. The Planned Development Permit and Coastal Development 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 and the Certified Local Coastal Program. 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 fmal 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. CER 1'IF'ICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of November 5, 2001, by the following vote: AYES: Valderrama, Parra, Flores, Ungab, Reynolds, Detzer NAYS: ABSENT: ABSTAIN: Baca PROJECT LOCATION BLDG. "B" SR-54 PROPOSED BUILDING BLDG. "A" CITY BOUNDARY amsaramiamatmo ZONE BOUNDARY LOCATION MAP — alp — DRN: 10/2/01 Southwest corner of National City Boulevard and 33rd Street PD-2001-5/CDP-2001-2 HEARING: NATIONAL CITY PLANNING 10/15/01 INITIAL d% M i1NL'01.411a ,4a1,1 -TON 911.1.14 t_sneum AAOHI Jf1G% IaaaV OdI 7111* I altllrl ?11 9NI'1ip1' )vs49 qNJ— :d3Ya�as 41 :9JVQ9/a9 -7NIS lIYe :'ddib CNM D N S • 710'T14M0/10WO (01M,N IA Mn •a7911VIB : PO •1D949L f,Pq• 17VO0b !t'Y,•'1vmW+a fq*arnt44 IVY FIRM ) . Y6 01:44 M 7 I (ate ibl4/4M'1IIWI1'Y4'1 �wy�t ONVYYIO4 C199t9_ 11tS 9 u ilblb tao'I ao Nancy -5289f 6Y•att•691# OFFJW .4Y[4•1119IN19 l9$ 1WSftS I19) -a1 • 1SYi1. •q '0p110 O9b ;a1 vas ' W Mrs% OIta81i5 It001 larto111(Hld0ar90 9110 i G a a II C1 d C] 106Y7H,7 IMMMIL l rai MMUS nn/ HWY 54/NATIONAL CIT WIMERSI 11111111111 14a101441.. CITY SFI F �rn¢er=K r City of National City, California COUNCIL AGENDA STATEMENT EETING DATE November 20, 2001 (ITEM TITLE REQUEST TO USE THE COMMUNITY CENTER BY THE COUNTY OF SAN DIEGO AND WAIVER OF FEES AGENDA ITEM NO. 16 PREPARED BY Stephen Kirkpatrick DEPARTMENT Public Works EXPLANATION The County of San Diego, Health and Human Services Agency - South Region, is requesting use of the North Room and kitchen of the Community Center on Tuesday January 29, 2002 from 11:00 am until 5:00 pm. They plan on holding an all staff forum. They will be expecting approximately 300 people. Costs: Building: $527.70 Custodial: 134.04 Kitchen: 60.00 Total: $721.74 Waiver of fees is also being requested. This is an acceptable category of use according to the Council adopted "Rules and Regulations for the Use of the National City Community Center". However, it would take the approval of City Council to waive the fees. CEnvironmental Review x N/A (*Financial Statement Approved By: Finance Director Loss of $721.74 to the general fund if waiver of fees is approved. Account No. STAFF RECOMMENDATION Council decision on us Community Center and waiver of fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Application for use of the Community Center 2. County of San Diego letter dated October 24, 2001 Resolution No. A-200 (9,:99) _ _ : 01 : 29P P.01 APPLICATION FOR USE OF THE NATIONAL CITY 70 ALL 'APPLICANTS: It is strongly recommended that the applicant requesting use of the facility attend the City Council meeting, when the item is going to be discussed in order to answer any questions posed by the City Council. Please refer to the. attached copy of Rules and Regulations." County of San Diego N of Organization Health and Human Services Agency, South Region Business Address 690 Oxford Street, Chula Vista, CA 91910 _- Name of Applicant Betty A. Morel l , Deputy._ Di rector _ Address __ Same Telephone Number ( 619) 409-3302__. .._(day) ( ) N/A (evening) Type of Function .. Date Requested Decorating Time Function Time All Staff Forum January 29. 2002 11:00 a.m. (am/pm) to 5:00 p.m. (am/pm) 1:00 p.m. _(am/pm) to 4:00 p.m. (am/pm) Use. of Kitchen Facility x yes no Use Time 11:00 a.m. (am/pm) to _ 5:00 p.m. _ . (am/pm) Clean-up-up4:00 p.m. (s>mlPm) to 5:00 p.m. ... (am/pm) Number of Participants approx ._300 Wilt Admission be charged? N(AIf yea, Amount $ Will this.event he used as a fund raising event? No Will alcohol be served'? No ABC Permit Submitted? Certiflcate of Insurance attached? Yes Special configuration of tables or chairs required? Yes (If yes, attach sketch) Special equipment required? .. No (If yes, attached list) Copy of Rules Sc Regulations provided? Yes ._ Initial _ I CERTIFY THAT I hiAVE RECEIVED A COPY OF THE RULES & REGULATIONS FOR THE COMMUNITY CENTER, AND 1 AGREE FOR MY ORGANIZATION TO CONFORM TOALt_ OF ITS PROVISIONS. Applicant recognizes and understands that use of the City's facility may create a -;ossessory interest subject to properly taxation and that Applicant may be subject to the .ray rent of property taxes levied on such interest. Applicant further agrees to pay any cr property taxes, if any assessed during the use of the City's facility pursuant to Ceeior,.s 107 and 107.6 of the Revenue and 'Taxation Code against Applicant's possessory interest in the City's facility Signature of Applicant CITY OF NATIONAL CITY PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of Insurance must be attached to this permit. Organization County of San Diego, Health and Human Services Agency, South Region Person in charge of activity Betty A. Morel l , Deputy Director Address 690 Oxford Street, Chula Vista Telephone 619/409-3302 City facilities and/or property requested National City Community Center Date(s)ofuse January 29, 2002 HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or damages for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant Officia itle i0/ s/J,/ Date Certificate of Insurance Approved by Rev. 04/01 Name & Title RODGER G. LUM, Ph.D. DIRECTOR BETTY A. MORELL DEPUTY DIRECTOR October 24, 2001 Count o ,tut Peso HEALTH AND HUMAN SERVICES AGENCY SOUTH REGION 690 OXFORD STREET, SUITE A, CHULA VISTA, CA 91911 (619) 409-3302 • FAX (619) 409-3304 Mary Lee Augustine Department of Public Works City of National City 1246 National City Blvd. National City, CA 91950 0 CAUFORNIACHILDREN SERVICES 6160 MISSION GORGE ROAD SAN DIEGO, CA 92120 (619) 52.84000 0 CHILDRENS SERVICES 1000 SAY MARINA DRIVE NATIONAL CITY, CA 91950 (619)336.5777 ❑ OFFICE OF VIOLENCE PREVENTION 4438 INGRAHAM STREET, 92 SAN DIEGO, CA 92109 (858) 490.1670 690 OXFORD S0XGt1 CHULA VISTA, CA 91911 O CHILDRENS SERVICES SUITE C (619) 4093179 O FAMILY RESOURCE CENTER SUITE (619)427-9660 ❑ PUBLIC HEALTH CENTER SUITE H (619)4093110 Dear Ms. Augustine: Thank you for tentatively reserving the National City Community Center, North Room and kitchen for January 29, 2001, from 11:00 a.m. to 5:00 p.m. On this date, the County of San Diego, Health and Human Services Agency, South Region will be holding its annual "All Staff Forum". Approximately 300 staff will be attending this event. As a governmental agency, we are respectfully requesting that the fee be waived for usage of the facility as well as custodial services. It is our understanding that this request is at the discretion of the National City Council and that you will advise us accordingly of their decision. Enclosed is the application for use of the Center, copy of the required Certificate of Insurance for processing and a draft floor plan that is pending finalization by our contracted cater. I am in receipt of the Rules and Regulations (revised 10/99) for the use of the National City Community Center and fully understand all requirements. If you have any questions, please call me at 619/409-3302. . We appreciate your assistance. Sincerely, ELIZABI-I FLORES, Administrative Secretary Health and Human Services Agency, South Region /ef City of National City, California COUNCIL AGENDA STATEMENT AEETING DATE November 20, 2001 AGENDA ITEM NO. 17 ITEM TITLE REQUEST BY THE NATIONAL CITY CHAMBER OF COMMERCE TO SERVE ALCOHOL AT THEIR ANNUAL DINNER PREPARED BY Stephen Kirkpatrick DEPARTMENT Public Works EXPLANATION The National City Chamber of Commerce will be holding their annual dinner for approximately 300 people in the Community Center on Saturday January 26, 2002. As the Chamber of Commerce is a service organization, they are allowed to use the Community Center at no cost. This request is to approve their use of alcohol at the dinner. ( Environmental Review X N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Council decision on wh:, er y e Chamber of Commerce is allowed to serve alcohol. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Application for use of the Community Center 2. Letter dated October 25, 2001 from the National City Chamber of Commerce A-200 (9'99) APPLICATION FOR USE OF THE NATIONAL CITY TO ALL APPLICANTS: It is strongly recommended that the applicant requesting use of the facility attend the City Council meeting, when the item is going to be discussed in order to answer any questions posed by the City Council. Please refer to the attached copy of "Rules and Regulations." Name of Organization &fa+ivxf a j erf/ C k a w, L e r o- (On erc2. Business Address 7/ / "fi " - t/e vvA — /Va )5'0 xla ( Ct` CO- //95-o Name of Applicant C—ci,) ( u es •C� i Address / J b V• /Ph NC -he) st) /VA 'f, ,eta / 0/Y -7 (? 4 C SZ) l Telephone Number (6/7 ) el 77- 9 33'' (day) (L. / 7) Cf 75- 6 /2p:wening) Type of Function MAA ter ©F ca 41 na p re,Q- /9'4'/N Ucs.) b ,'n/Ne r Date Requested ` f axc.4a y/ IAA/ ua r y A•LOc a — Decorating Time /0 a - to •/ (am/pm) to p• h.t • (am/pm) Function Time 4, F. rM • (am/pm) to . (am/pm) Use of Kitchen Facility )( yes no Use Time /O a. • nvi . (am/pm) to q , rn . (am/pm) Clean-up �. na. (am/pm) to / I 49. m . (a pm) Number of Participants 2'oo Will Admission be charged? es rovev-If yes, Amount $ 6. 0-0 Will this event be used as a fund raising event? AI 0 Will alcohol be served? l ABC Permit Submitted? Y S Certificate of Insurance attached? Y p 5 Special configuration of tables or chairs required? Y/Ps (If yes, attach sketch) `I 6 e_o wr C Special equipment required? r, A . (If yes, attached list) Copy of Rules & Regulations provided? X PS Initial I CERTIFY THAT I HAVE RECEIVED A COPY OF THE RULES & REGULATIONS FOR THE COMMUNITY CENTER, AND I AGREE FOR MY ORGANIZATION TO CONFORM TO ALL OF ITS PROVISIONS. Applicant recognizes and understands that use of the City'sfacility may create a possessory interest subject to property taxation and that Applicant may be subject to the payment of property taxes levied on such interest. Applicant further agrees to pay any and all property taxes, if any assessed during the use of the City's facility pursuant to Sections 107 and 107.6 of the Revenue and Taxation Code against Applicant's possessory interest in the City's facility. Signature of Applicant o�S-/o D to CITY OF NATIONAL CITY PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of Insurance must be attached to this permit. Organization kJ 2`h ©titer ( C i 47 C Lin, 19 e. r e 4- "D WI w1 P re" e Person in charge of activity &{I / ` %/v 1 / ' s 0. 6.0 , / Address 71/ " A " /} va- Telephone (b / f) V 7 7— l 3 City facilities and/or property requested et avt ,, , , ev I. 4 y "e •v 4 . r Dates) of use .5-1/ �ca n i ua 'c 1 HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or damages for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applican Official tle v Date , Certificate of Insurance Approved by Name & Title Rev. 04/01 THE CHAMBER 9�BFROFCO ' October 25, 2001 The Honorable Mayor and City Council City of National City 1243 National City Boulevard National City, CA 91950 711 A Avenue National City, CA 91950-2228 Business: 619 477-9339 Fax: 619 477-5018 E-mail: nccc@cvhsa.com Web site: www.nationalciychamber.org Dear Mayor and Council: The National City Chamber of Commerce would like to hold our Annual Dinner and Installation of Officers at the National City Community Building on Saturday evening, January 26, 2002. We anticipate a crowd of around 300. The Community Building is reserved and we are requesting that you WAIVE THE RENTAL AND CUSTODIAL FEES. We also request permission to have alcoholic beverages at the reception and with the dinner. The Caterer will obtain the liquor permit. Your consideration of this request will be appreciated. Sincerely, Edith Hughes Chief Executive Officer "Building for the New Millennium" City of National City, California COUNCIL AGENDA STATEMENT AEETING DATE November 20, 2001 AGENDA ITEM NO. 18 / ITEM TITLE REQUEST TO USE THE COMMUNITY CENTER BY THE SWEETWATER UNION HIGH SCHOOL MARINE CORPS JROTC AND WAIVER OF FEES PREPARED BY Stephen Kirkpatrick EXPLANATION DEPARTMENT Public Works The Sweetwater Union High School Marine Corps JROTC is requesting use of the North Room of the Community Center for their promotion ceremony on Tuesday December 18, 2001. They are requesting the Center from 6:00 p.m. until 9:00 p.m. They will be expecting approximately 300 people to attend. Costs: Building: $263.85 Custodial: 100.53 Total: $364.38 Waiver of fees is also being requested. This is an acceptable category of use according to the Council adopted "Rules and Regulations for the Use of the National City Community Center". However, it would take the approval of City Council to waive the fees. CEnvironmental Review X N/A Financial Statement Loss of $364.38 to the general fund if waiver of fees is approvedAPProved By: Finance Director Account No. STAFF RECOMMENDATION Council decision on e oe Community Center and waiver of fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Application for Use of the Community Center 2. MCJROTC letter dated October 31, 2001 A-200 (999) APPLICATION FOR USE OF THE NATIONAL CITY TO ALL APPLICANTS: It is strongly recommended that the applicant requesting use of the facility attend the City Council meeting, when the item is going to be discussed in order to answer any questions posed by the City Council. Please refer to the attached copy of "Rules and Regulations." Name of Organization ec, t.04-1EE- U. o t on Hz s £ 'L tnotrroc nor -' Business Address 29fx) �i6Sh&rI 47A-►'I rte, fl j47 t C j . Cf`Y 1? Name of Applicant C_ 0 �G 9 & �-7rE(1 *-sue j (S rt C,,(L�E'f"i Address 2_9cv #76 ,1a,d /ry 1 u'e. I) . C 4 / (evening) Telephone Number (6C9) £ 177- 3-6 (day) (6 / ) G7/-7/Z� Type of Function 1-'1C t f C a CSC erzol Date Requested el—iACSDRI 1 i7gCE'ni ER l �, 2c'O Decorating Time (. 10 to 6 ` YS- Function Time 7."' (am/ ) to 't 3 0 Use of Kitchen Facility yes )( no Use Time (am/pm) to Clean-up � ;J (arn(10 to �'1 ` Number of Participants 3 ") Will Admission be charged? k) 0 If yes, Amount $ Will this event be used as a fund raising event? N O Will alcohol be served? IJ O ABC Permit Submitted? lJ A Certificate of Insurance attached? JES Special configuration of tables or chairs required? JE' (If yes, attach sketch) (If yes, attached list) Initial Special equipment required? /V A Copy of Rules & Regulations provided? I CERTIFY THAT I HAVE RECEIVED A COPY OF THE RULES & REGULATIONS FOR THE COMMUNITY CENTER, AND I AGREE FOR MY ORGANIZATION TO CONFORM TO ALL OF ITS PROVISIONS. Applicant recognizes and understands that use of the City's facility may create a possessory interest subject to property taxation and that Applicant may be subject to the payment of property taxes levied on such interest. Applicant further agrees to pay any and all property taxes, if any assessed during the use of the City's facility pursuant to Sections 107 and 107.6 of the Revenue and Taxation Code against Applicant's possessory interest in the City's facility. (am/pm) /0//7/2c/ SignatApp'!icant Date CITY OF NATIONAL CITY PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of Insurance must be attached to this permit. Organization )cgccj, 7 r ki Sokol- Wc-J-Polec. L Person in charge of activity CAM CC- F'f -C_ r'n, LLS inc- Address 2.700 4,27.1,d f j1� r'/ K � AJ . Cei - Telephone C6172 607— 3 7S74 City facilities and/or property requested l A? nI C hdJ c_ Date(s) of use i (,(n Deccnsi 1OJ 200i HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or damages for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of AppliOfficiTitle /6 Ai-- 97 Date Certificate of Insurance Approved by Name & Title Rev. 04/01 MCJROTC UNIT Sweetwater High School 2900 Highland Avenue National City, CA 91950-7495 31 October, 2001 Mr. Burt Myers 1243 National City Blvd. National City, CA. 91950 Sir, The Sweetwater Union High School Marine Corps JROTC unit request the use of the National City Community Building on Tuesday, December 18, 2001 (6-9 P.M). We are conducting our 1 st Semester promotion and chime of command ceremony. In addition, we are requesting waiver of facility fees. I have submitted the required application for use of the facility. Favorable consideration is appreciated. Sincerely, Robert J Colonel Senior Copy to: Mayor Waters C (ret) Instructor